The Mistaken Assumption of Intentionality in Equal Protection Law: Psychological Science and the Interpretation of the Fourteenth Amendment

42 Pages Posted: 12 May 2005  

Margaret Richardson

University of California, Berkeley - School of Law

Todd L. Pittinsky

Harvard University - Harvard Kennedy School (HKS)

Date Written: February 2005

Abstract

In this article we explore the intersection of advances in the psychological science of intergroup attitudes and stereotypes and the law. Increasing recognition of the automatic and implicit nature of many attitudes, and their automatic influence on behavior, is making it clearer and clearer that the foundation on which Equal Protection analysis has been based is erroneous. While some legal scholars have attempted to apply the lessons from social psychology to employment discrimination, the same efforts have not been made with respect to Fourteenth Amendment and Equal Protection jurisprudence. Examining this disconnect leads to serious questions about the extent to which the current formulation of Equal Protection jurisprudence achieves its original and continuing aims of securing the equal protection of the laws for all citizens. In this article, we focus on the implications for Equal Protection jurisprudence of recent psychological science findings on prejudice and discrimination. We have chosen this focus because these implications could influence the protection of individual rights throughout society in fundamental ways.

Keywords: intentionality, equal protection law, psychological science, Law and Legal Institutions, Leadership/Conflict Management, Welfare / Health Care/ Social Policy

Suggested Citation

Richardson, Margaret and Pittinsky, Todd L., The Mistaken Assumption of Intentionality in Equal Protection Law: Psychological Science and the Interpretation of the Fourteenth Amendment (February 2005). KSG Working Paper No. RWP05-011. Available at SSRN: https://ssrn.com/abstract=722647 or http://dx.doi.org/10.2139/ssrn.722647

Margaret Richardson

University of California, Berkeley - School of Law ( email )

215 Boalt Hall
Berkeley, CA 94720-7200
United States

Todd L. Pittinsky (Contact Author)

Harvard University - Harvard Kennedy School (HKS) ( email )

79 John F. Kennedy Street
Cambridge, MA 02138
United States
617-384-7283 (Phone)
617-384-5490 (Fax)

Paper statistics

Downloads
137
Rank
173,822
Abstract Views
1,711