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http://ssrn.com/abstract=1111865
 
 

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'Ideology in' vs. 'Cultural Cognition of' Law: What Difference Does it Make?


Dan M. Kahan


Yale University - Law School; Harvard University - Edmond J. Safra Center for Ethics

March 20, 2008

Harvard Law School Program on Risk Regulation Research Paper No. 08-22
Yale Law School, Public Law Working Paper No. 180

Abstract:     
Recent scholarship in law and political science identifies ideology as a major determinant of judicial decisionmaking. This essay suggests the possibility that much if not all the evidence this work rests on might be attributed to the influence of cultural cognition, a set of mechanisms that motivate individuals to conform their factual perceptions to their values. Such an account has the potential to furnish a psychologically richer description of how competing values generate judicial dissensus, a more informed normative appraisal of such dissensus, and a more tractable set of prescriptions for reducing it.

Number of Pages in PDF File: 11

Keywords: cultural cognition, ideology, judicial decisionmaking

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Date posted: March 25, 2008 ; Last revised: April 16, 2013

Suggested Citation

Kahan, Dan M., 'Ideology in' vs. 'Cultural Cognition of' Law: What Difference Does it Make? (March 20, 2008). Harvard Law School Program on Risk Regulation Research Paper No. 08-22; Yale Law School, Public Law Working Paper No. 180. Available at SSRN: http://ssrn.com/abstract=1111865 or http://dx.doi.org/10.2139/ssrn.1111865

Contact Information

Dan M. Kahan (Contact Author)
Yale University - Law School ( email )
P.O. Box 208215
New Haven, CT 06520-8215
United States
HOME PAGE: http://www.culturalcognition.net/kahan
Harvard University - Edmond J. Safra Center for Ethics ( email )
124 Mount Auburn Street
Suite 520N
Cambridge, MA 02138
United States

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