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A Penchant for Prejudice - Unraveling Bias in Judicial Decision Making (Hardcover)
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A Penchant for Prejudice - Unraveling Bias in Judicial Decision Making (Hardcover)
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"A Penchant for Prejudice" combines a detailed empirical study of
the decision-making practices of judges with a sophisticated
theoretical argument which exposes contemporary myths about judging
and suggests methods of incorporating the inevitable bias that is
detected in this and other studies. Based on a unique study of the
decisions of Social Security judges, the book challenges the
meaning of judicial impartiality. Linda G. Mills finds that, in
practice, bias is a consistent dimension of what is considered
"impartial" decision-making. The results reveal that impartiality
as the legal system now defines it, is itself a form of bias, and
that a historically and contextually sensitive definition of bias,
one which takes account of the communities and cultures that come
to be judged in the legal system, must overcome the modern
dualistic notion of imparitality as the exclusion of bias in order
to respond to needs of the diversity of applicants and the judges
who adjudicate their claims. According to Mills, the judicial bias
she found reflected in her study seems not only to essentialize and
stereotype applicants but also prevents judges from engaging
vulnerable claimants in a way that the legal process positively
demands.
"A Penchant for Prejudice" will be of interest to students and
scholars of law, judicial decisionmaking, and discrimination.
Linda G. Mills is Assistant Professor of Social Welfare and Law,
University of California, Los Angeles.
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