How does cultural conflict influence public policymaking? Surprisingly, not by generating moral disputes over the ends to be pursued by law but rather by generating empirical disagreements over the consequences of economic, crime-control, national security, and other policies designed to promote our common interests.
Entries in law (9)
Based on a video shot from inside a police cruiser, the U.S. Supreme court concluded "no reasonable juror" could find that the risk posed by a fleeing motorist did not warrant deadly force (the deliberate ramming of his car) to stop him. But a study by the Cultural Cognition Project (published in the Harvard Law Review) finds that perceptions of risk among persons who viewed the tape were highly conditional on those persons' cultural worldviews.
Liberalism obliges the state to refrain from endorsement of a cultural orthodoxy and instead to base law on secular interests like harm prevention. But is this possible if lawmakers' perceptions of harm derive from their cultural values? (published in the Stanford Law Review)
Can the emergence of scientific consensus be expected to quiet disagreement about the efficacy of gun control laws? Not necessarily. This paper shows why, using computer simulations of knowledge transmission that incorporate the phenomenon of cultural cognition.