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[ subject:"Law." ]
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Constitutional interpretation and in...
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Carnegie Mellon University.
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Constitutional interpretation and intuitions of public policy.
紀錄類型:
書目-電子資源 : Monograph/item
正題名/作者:
Constitutional interpretation and intuitions of public policy./
作者:
Furgeson, Joshua R.
面頁冊數:
120 p.
附註:
Adviser: Linda Babcock.
Contained By:
Dissertation Abstracts International67-03A.
標題:
Law. -
電子資源:
http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=3210017
ISBN:
9780542587740
Constitutional interpretation and intuitions of public policy.
Furgeson, Joshua R.
Constitutional interpretation and intuitions of public policy.
- 120 p.
Adviser: Linda Babcock.
Thesis (Ph.D.)--Carnegie Mellon University, 2005.
This dissertation used three studies to examine how policy preferences and political orientation affect constitutional reasoning, both in a specific legal case and more generally with regard to interpretive preferences. The first study asked law students to decide a hypothetical constitutional case. The policy implications of a challenged law were experimentally manipulated while holding all legal evidence constant, and participants were asked to determine the law's constitutionality. Participants were significantly more likely to overturn a law when they disagreed with the policy the law implemented. This bias appears to be subconscious, as the experimental manipulation significantly influenced even those participants who believed their policy goals had not influenced their legal decisions. The precise cognitive mechanisms hypothesized to cause policy-influenced decision making were measured, but there were no significant differences between experimental groups. The second and third studies examined whether an individual's political orientation influenced the interpretive methodologies (e.g. originalism and expansive interpretation) they prefer to use to interpret the Constitution. The second study found that liberal law clerks were significantly more likely than conservative clerks to prefer the current meaning or the most plausible appealing meaning of the constitutional text, while conservatives were significantly more likely to prefer the original meaning of the constitutional text. On average, liberal clerks also preferred to interpret the Constitution much more expansively than conservative clerks. The final study established a causal relationship between interpretive preferences and policy preferences by manipulating the policy implications of expansive interpretation and examining how preferences for such interpretation changed. The policy manipulation significantly affected preferences for expansive interpretation in the hypothesized direction.
ISBN: 9780542587740Subjects--Topical Terms:
600858
Law.
Constitutional interpretation and intuitions of public policy.
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