Law & Ideology, But What’s “Ideology”?

From the abstract to a paper entitled “What We Talk about When We Talk about Ideology” by Bryan D. Lammon:

much of political science scholarship quite clearly suggests that judging is ideological. What “ideological” means, however, is much less clear. A bit of reading between the lines reveals that much of judicial politics scholarship conceives of ideology predominantly as partisan politics. Along these lines, much of the scholarship presents an image of judges as consciously and actively promoting a political agenda.

This conception of ideology and ideological judicial decisionmaking, however, is quite unsatisfying. It conceives of ideology predominantly in political or partisan terms, and, bearing the influence of traditional notions of individual rationality and autonomy, it portrays judges as rational actors that can consciously impose their policy preferences through their decisions. This portrayal reflects the same conception of rational, wholly autonomous individual behavior that law and psychology is challenging. However, even if one rejects judicial politics’ conception of ideology and its influence, one still must contend with the reams of empirical research that judicial politics scholars have amassed.

You can read the rest of the abstract and download the article here [pdf]

via The Situationist

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