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Author: Eileen Braman
Publisher: University of Virginia Press
ISBN: 0813928370
Category : Political Science
Languages : en
Pages : 258
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Book Description
Are judges' decisions more likely to be based on personal inclinations or legal authority? The answer, Eileen Braman argues, is both. Law, Politics, and Perception brings cognitive psychology to bear on the question of the relative importance of norms of legal reasoning versus decision markers' policy preferences in legal decision-making. While Braman acknowledges that decision makers' attitudes—or, more precisely, their preference for policy outcomes—can play a significant role in judicial decisions, she also believes that decision-makers' belief that they must abide by accepted rules of legal analysis significantly limits the role of preferences in their judgements. To reconcile these competing factors, Braman posits that judges engage in "motivated reasoning," a biased process in which decision-makers are unconsciously predisposed to find legal authority that is consistent with their own preferences more convincing than those that go against them. But Braman also provides evidence that the scope of motivated reasoning is limited. Objective case facts and accepted norms of legal reasoning can often inhibit decision makers' ability to reach conclusions consistent with their preferences.
Author: Eileen Braman
Publisher: University of Virginia Press
ISBN: 0813928370
Category : Political Science
Languages : en
Pages : 258
Get Book Here
Book Description
Are judges' decisions more likely to be based on personal inclinations or legal authority? The answer, Eileen Braman argues, is both. Law, Politics, and Perception brings cognitive psychology to bear on the question of the relative importance of norms of legal reasoning versus decision markers' policy preferences in legal decision-making. While Braman acknowledges that decision makers' attitudes—or, more precisely, their preference for policy outcomes—can play a significant role in judicial decisions, she also believes that decision-makers' belief that they must abide by accepted rules of legal analysis significantly limits the role of preferences in their judgements. To reconcile these competing factors, Braman posits that judges engage in "motivated reasoning," a biased process in which decision-makers are unconsciously predisposed to find legal authority that is consistent with their own preferences more convincing than those that go against them. But Braman also provides evidence that the scope of motivated reasoning is limited. Objective case facts and accepted norms of legal reasoning can often inhibit decision makers' ability to reach conclusions consistent with their preferences.
Author: Eileen Braman
Publisher: University of Virginia Press
ISBN: 081395021X
Category : Political Science
Languages : en
Pages : 277
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Book Description
The relationship between public opinion and the actions of institutions such as the Supreme Court has come under increased scrutiny in recent years. In this timely book, Eileen Braman explores how American citizens think about government across all three branches, applying a rigorous political scientific methodology to explore why citizens may support potentially risky changes to our governing system. As Braman highlights, Americans value institutions that they perceive as delivering personal and societal gains, and citizens who see these institutions as delivering potential losses are more supportive of fundamental constitutional change. In the face of growing resentment of government and recurring warnings of constitutional crisis, Braman offers a hopeful note: her findings suggest that politicians can channel discontent toward meaningful reform and the healthy evolution of our democratic system.
Author: Keith E. Whittington
Publisher: OUP Oxford
ISBN: 0191615064
Category : Political Science
Languages : en
Pages : 832
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Book Description
The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re-emerging subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead.
Author: Martin Shapiro
Publisher: OUP Oxford
ISBN: 0191531375
Category : Political Science
Languages : en
Pages : 430
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Book Description
Across the globe, the domain of the litigator and the judge has radically expanded, making it increasingly difficult for those who study comparative and international politics, public policy and regulation, or the evolution of new modes of governance to avoid encountering a great deal of law and courts. In On Law, Politics, and Judicialization, two of the world's leading political scientists present the best of their research, focusing on how to build and test a social science of law and courts. The opening chapter features Shapiro's classic 'Political Jurisprudence,' and Stone Sweet's 'Judicialization and the Construction of Governance,' pieces that critically redefined research agendas on the politics of law and judging. Subsequent chapters take up diverse themes: the strategic contexts of litigation and judging; the discursive foundations of judicial power; the social logic of precedent and appeal; the networking of legal elites; the lawmaking dynamics of rights adjudication; the success and diffusion of constitutional review; the reciprocal impact of courts and legislatures; the globalization of private law; methods, hypothesis-testing, and prediction in comparative law; and the sources and consequences of the creeping 'judicialization of politics' around the world. Chosen empirical settings include the United States, the GATT-WTO, France and Germany, Imperial China and Islam, the European Union, and the transnational world of the Lex Mercatoria. Written for a broad, scholarly audience, the book is also recommended for use in graduate and advanced undergraduate courses in law and the social sciences.
Author: Marvin L. Astrada
Publisher: Springer Nature
ISBN: 3030667146
Category : Political Science
Languages : en
Pages : 128
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Book Description
This book explores critical questions pertaining to the character and content of the “American People” as posited in the US Supreme Court’s interpretation of the fundamental law. What exactly is an American? Who or what comprise the People? What are the constitutive sociocultural, political, and economic ordering principles of the American People and society? How does the Court impact the nationalist character and content of law and policy? From a sociocultural, economic, political, and ideological perspective, the Court’s singular proclamations as to what the US Constitution means, what is its purpose, and how it is to be perceived and implemented have profound consequences for representational politics and notions of what exactly constitutes the American polity. This book employs a critical, conceptual, and structural approach, critically examining the notion of the People in constitutional discourse, and its impact on government, politics, law, and society in the present.
Author: Dominic D. P. Johnson
Publisher: Harvard University Press
ISBN: 0674039173
Category : Political Science
Languages : en
Pages : 358
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Book Description
How do people decide which country came out ahead in a war or a crisis? Why, for instance, was the Mayaguez Incident in May 1975--where 41 U.S. soldiers were killed and dozens more wounded in a botched hostage rescue mission--perceived as a triumph and the 1992-94 U.S. humanitarian intervention in Somalia, which saved thousands of lives, viewed as a disaster? In Failing to Win, Dominic Johnson and Dominic Tierney dissect the psychological factors that predispose leaders, media, and the public to perceive outcomes as victories or defeats--often creating wide gaps between perceptions and reality. To make their case, Johnson and Tierney employ two frameworks: "Scorekeeping," which focuses on actual material gains and losses; and "Match-fixing," where evaluations become skewed by mindsets, symbolic events, and media and elite spin. In case studies ranging from the 1962 Cuban Missile Crisis and the current War on Terror, the authors show that much of what we accept about international politics and world history is not what it seems--and why, in a time when citizens offer or withdraw support based on an imagined view of the outcome rather than the result on the ground, perceptions of success or failure can shape the results of wars, the fate of leaders, and the "lessons" we draw from history.
Author: Jon Hurwitz
Publisher: Yale University Press
ISBN: 9780300143454
Category : Political Science
Languages : en
Pages : 278
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Book Description
Based on one of the most extensive scientific surveys of race ever conducted, this book investigates the relationship between racial perceptions and policy choices in America. The contributors—leading scholars in the fields of public opinion, race relations, and political behavior—clarify and explore images of African-Americans that white Americans hold and the complex ways that racial stereotypes shape modern political debates about such issues as affirmative action, housing, welfare, and crime.The authors make use of the largest national study of public opinion on racial issues in more than a generation—the Race and Politics Study (RPS) conducted by the Survey Research Center at the University of California. The RPS employed methodological improvements made possible by Computer Assisted Telephone Interviewing, a technique that enables analysts to combine the internal validity of laboratory experiments with the external validity of probability sampling. Taking full advantage of these research methods, the authors offer highly nuanced analyses of subjects ranging from the sources of racial stereotypes to the racial policy preferences of Democrats and Republicans to the reasons for resistance to affirmative action. Their findings indicate that while crude and explicit forms of racial prejudice may have declined in recent decades, racial stereotypes persist among many whites and exert a powerful influence on the ways they view certain public policies.
Author: Aaron B. Wildavsky
Publisher: Transaction Publishers
ISBN: 9781412820943
Category : Political Science
Languages : en
Pages : 466
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Book Description
In Cultural Analysis, the fourth collection of his essays posthumously published by Transaction, Wildavsky argues that American politics, public law, and public administration are the contested terrain of rival, inescapable political cultures. Analysts of American politics distinguish liberals from conservatives and Democrats from Republicans, but do not explain how these categories of political allegiance develop, maintain themselves, or change. Wildavsky offers a cultural-functional explanation for ideological and partisan coherence and realignment. Wildavsky also felt that these dualisms did not adequately capture the ideological and partisan variation he observed on the political landscape. Like others, he detected another recurring strain of political allegiance: that of classical liberalism or libertarianism. People of this political stripe valued freedom more than equality (the primary political value of contemporary liberals), and also more than order, the primary political value of conservatives.
Author: Shanto Iyengar
Publisher: Duke University Press
ISBN: 9780822313243
Category : History
Languages : en
Pages : 504
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Book Description
Mapping the territory where political science and psychology intersect, Explorations in Political Psychology offers a broad overview of the the field of political psychology--from its historical evolution as an area of inquiry to the rich and eclectic array of theories, concepts, and methods that mark it as an emerging discipline. In introductory essays, editors Shanto Iyengar and William J. McGuire identify the points of exchange between the disciplines represented and discuss the issues that make up the subfields of political psychology. Bringing together leading scholars from social psychology and political science, the following sections discuss attitude research (the study of political attitudes and opinions); cognition and information-processing (the relationship between the structures of human information-processing and political and policy preferences); and decision making (how people make decisions about political preferences). As a comprehensive introduction to a growing field of interdisciplinary concern, Explorations in Political Psychology will prove a useful guide for historians, social psychologists, and political scientists with an interest in individual political behavior. Contributors. Stephen Ansolabehere, Donald Granberg, Shanto Iyengar, Robert Jervis, Milton Lodge, Roger D. Masters, William J. McGuire, Victor C. Ottati, Samuel L. Popkin, William M. Runyan, David O. Sears, Patrick Stroh, Denis G. Sullivan, Philip E. Tetlock, Robert S. Wyer, Jr.
Author: Stuart A. Scheingold
Publisher:
ISBN: 9781610270366
Category : Political Science
Languages : en
Pages : 256
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Book Description
