11 Pages Posted: 25 Mar 2008 Last revised: 16 Apr 2013
Date Written: March 20, 2008
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.
Keywords: cultural cognition, ideology, judicial decisionmaking
Suggested Citation: 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: https://ssrn.com/abstract=1111865 or http://dx.doi.org/10.2139/ssrn.1111865