By Linda Gayle Mills
A Penchant for Prejudice combines an in depth empirical learn of the decision-making practices of judges with a worldly theoretical argument which exposes modern myths approximately judging and indicates tools of incorporating the inevitable bias that's detected during this and different stories. in response to a different learn of the selections of Social safeguard judges, the e-book demanding situations the that means of judicial impartiality. Linda G. generators reveals that, in perform, bias is a constant size of what's thought of "impartial" decision-making. the implications display that impartiality because the criminal approach now defines it, is itself a kind of bias, and traditionally and contextually delicate definition of bias, one that takes account of the groups and cultures that turn out to be judged within the criminal procedure, needs to triumph over the fashionable dualistic idea of imparitality because the exclusion of bias with a purpose to reply to wishes of the range of candidates and the judges who adjudicate their claims. in response to generators, the judicial bias she came across mirrored in her learn turns out not just to essentialize and stereotype candidates but in addition prevents judges from enticing susceptible claimants in a manner that the felony strategy certainly demands.A Penchant for Prejudice may be of curiosity to scholars and students of legislations, judicial decisionmaking, and discrimination.Linda G. generators is Assistant Professor of Social Welfare and legislation, college of California, la.
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Additional resources for A Penchant for Prejudice: Unraveling Bias in Judicial Decision-Making
Qxd 7/20/99 2:35 PM 42 Page 42 A Penchant for Prejudice ical experts at Social Security disability hearings.
Qxd 7/20/99 2:35 PM Page 40 CHAPTER 3 Uniformity and Affectivity: A Record of Failure Previous studies of the Social Security system, and of the physicians and adjudicators who are integral to it, support my unfolding thesis that uniformity and its companion, affectivity, have never been realized in an institution riddled with substantiated problems. Researchers have identi‹ed signi‹cant biases in both the procedural and substantive dimensions of disability adjudication, in the rules and in the adjudicators who apply them, and in the system’s overall decision-making outcomes.
More speci‹cally, feminist legal scholars have argued, as I do, that the rules, the case law, and the judges who interpret them adjudicate from a point of view, from their experience as social beings embedded in a gendered political and economic culture. 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).