A Penchant for Prejudice: Unraveling Bias in Judicial by Linda Gayle Mills

By Linda Gayle Mills

A Penchant for Prejudice combines an in depth empirical research of the decision-making practices of judges with a cosmopolitan theoretical argument which exposes modern myths approximately judging and indicates equipment of incorporating the inevitable bias that's detected during this and different experiences. in accordance with a different research of the selections of Social protection judges, the booklet demanding situations the that means of judicial impartiality. Linda G. generators unearths that, in perform, bias is a constant measurement of what's thought of "impartial" decision-making. the implications display that impartiality because the felony process now defines it, is itself a sort of bias, and traditionally and contextually delicate definition of bias, one that takes account of the groups and cultures that emerge as judged within the criminal process, needs to triumph over the trendy dualistic suggestion of imparitality because the exclusion of bias that allows you to reply to wishes of the variety of candidates and the judges who adjudicate their claims. in keeping with generators, the judicial bias she came upon mirrored in her examine turns out not just to essentialize and stereotype candidates but in addition prevents judges from enticing susceptible claimants in a fashion that the felony method definitely demands.A Penchant for Prejudice might be of curiosity to scholars and students of legislation, judicial decisionmaking, and discrimination.Linda G. generators is Assistant Professor of Social Welfare and legislations, college of California, la.

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Extra info for A Penchant for Prejudice: Unraveling Bias in Judicial Decision-Making

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In one of the most famous examples, Bell (1995) deconstructs the violence evident in the Regents of the University of California v. S. S. Supreme Court, in holding that it was illegal to discriminate against whites in favor of historically disadvantaged groups, took what looked like a racially neutral position by ignoring the rampant disparity between blacks and whites, especially with regard to their access into higher education. Bell argues that the Court was able to hide its racist intent by relying on abstract concepts such as equality to mask the real history of black oppression.

L. Amede Obiora (1996) traces the history of legal education beginning with Harvard Law School and explores how the earlier formalist framework became the cornerstone for the homosocial training of lawyers. The science of legal education and its presupposition of the neutrality and objectivity of law insulated legal scholars, practitioners, and judges from the complexity of human relations. Emotion was seen as outside the realm of legal reasoning, as divorced from the practice of men and of law.

These points of view, which are based in male privilege, blind adjudicators to their partiality, while the doctrine of impartiality protects the blind from seeing. As Martha Minow has cogently argued, impartiality prevents observers of the legal system from noticing “the coincidence between the viewpoints of the majority and what is commonly understood to be objective or unbiased” (1990, 60). Numerous feminist authors have advanced the argument that neutrality and objectivity hide the oppressive quality of legal decision making.

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