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Do a law's policy implications affect beliefs about its constitutionality? An experimental test.
Joshua R Furgeson1, Linda Babcock, Peter M Shane
1Argosy Foundation, Milwaukee, WI, USA. josh@argosyfnd.org
Law and Human Behavior
|September 28, 2007
Summary
Judicial decisions are influenced by political orientation. Even when presented with legal evidence, liberal participants favored overturning tax-decreasing laws, while conservatives favored overturning tax-increasing laws.
Area of Science:
- Legal Studies
- Political Psychology
Background:
- Empirical literature shows links between judges' political leanings and decisions.
- The connection between policy preferences and constitutional reasoning is not well understood.
Purpose of the Study:
- To investigate how policy preferences influence constitutional reasoning in law students.
- To determine if political orientation affects the interpretation of constitutional law.
Main Methods:
- An experimental study was conducted with law students.
- Participants assessed the constitutionality of a hypothetical law with manipulated policy implications.
- Legal evidence was held constant across conditions.
Main Results:
- Liberal participants were more likely to overturn laws decreasing taxes compared to those increasing taxes.
- Conservative participants showed the opposite pattern, favoring overturning tax-increasing laws.
- Policy preferences significantly impacted decisions, even when participants believed otherwise.
Conclusions:
- Policy preferences demonstrably influence constitutional reasoning, irrespective of legal evidence.
- Political orientation plays a significant role in judicial decision-making, even in hypothetical scenarios.
- The study highlights the subconscious impact of political ideology on legal interpretation.
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