Forgetting Freud: The Courts' Fear of the Subconscious in Date Rape (and Other) Cases

Taslitz, Andrew E.

doi:10.2139/ssrn.916570

Cited by 2 publications

(7 citation statements)

References 15 publications

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“…Only discrimination resulting from unconscious bias was excused, suggesting that conscious awareness matters for judgments of moral responsibility. These findings are consistent with lay intuitions (Moscovici 2008(Moscovici /1968Taslitz, 2007) and perspectives that emphasize the importance of conscious awareness (Levy, 2008;Nahmias, 2006), rather than perspectives which suggest that intent is critical regardless of consciousness (Bargh, 2009;Suhler & Churchland, 2009). In Experiment 2, we sought to replicate these initial findings as well as explore what motivated these differences in responsibility judgments.…”

Section: Discussionsupporting

confidence: 86%

“…In the context of racial discrimination, weakness of will-or neglecting to follow through on explicit moral principlesmight be seen as especially blameworthy. In popular culture, the unconscious is sometimes perceived as diseased, irrational, and as sabotaging the ability to act in line with explicit moral principles (Moscovici, 1968(Moscovici, /2008Taslitz, 2007). Moreover, it seems intuitive that a person cannot exert control over a bias that they do not know exists.…”

Section: Discussionmentioning

confidence: 99%

“…On one popular account of these effects, people use emotions as salient information about the severity of a moral violation (Goldberg, Lerner, & Tetlock, 1999;Schnall, Haidt, Clore, & Jordan, 2008;SinnottArmstrong, Young, & Cushman, 2010). People might feel less negative emotion toward unconscious bias because they view such biases as sabotaging self-control and autonomous agency (Moscovici, 1968(Moscovici, /2008Taslitz, 2007). By contrast, people might view discrimination due to automatic bias as due to negligence, and feel more negative emotion.…”

Section: Methodsmentioning

confidence: 99%

“…People believe that unconscious biases are especially difficult to control but that once made conscious, they are regulated more easily (Moscovici 2008(Moscovici /1968Taslitz, 2007). Thus, automatic biases might be seen as more controllable than unconscious biases.…”

Section: Methodsmentioning

confidence: 99%

“…People acknowledge the existence of socially unacceptable unconscious impulses that are distinct from explicit moral beliefs (Moscovici, 1968(Moscovici, /2008. They believe that these impulses can influence and interfere with the operation of conscious will, potentially compromising the integrity of rational moral agency (Moscovici, 1968(Moscovici, /2008Tallis, 2002;Taslitz, 2007). People may also believe that once biases are made conscious, they become amenable to regulatory control (Moscovici, 1968(Moscovici, /2008.…”

Section: Implicit Race Bias and Moral Responsibilitymentioning

confidence: 99%

See 4 more Smart Citations

Do Theories of Implicit Race Bias Change Moral Judgments?

2010

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Recent research in social psychology suggests that people harbor ''implicit race biases,'' biases which can be unconscious or uncontrollable. Because awareness and control have traditionally been deemed necessary for the ascription of moral responsibility, implicit biases present a unique challenge: do we pardon discrimination based on implicit biases because of its unintentional nature, or do we punish discrimination regardless of how it comes about? The present experiments investigated the impact such theories have upon moral judgments about racial discrimination. The results show that different theories differ in their impact on moral judgments: when implicit biases are defined as unconscious, people hold the biased agent less morally responsible than when these biases are defined as automatic (i.e., difficult to control), or when no theory of implicit bias is provided.If it were indeed the case… that stereotyping occurs without an individual's awareness or control, then the implications for society… are tremendously depressing. Most ominously, how could anyone be held responsible, legally or otherwise, for discriminatory or prejudicial behavior when psychological science has shown such effects to occur unintentionally? Bargh (1999)

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Section: Discussionsupporting

confidence: 86%

Section: Discussionmentioning

confidence: 99%

Section: Methodsmentioning

confidence: 99%

Section: Methodsmentioning

confidence: 99%

Section: Implicit Race Bias and Moral Responsibilitymentioning

confidence: 99%

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Do Theories of Implicit Race Bias Change Moral Judgments?

2010

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Two Truths and a Lie: In re John Z. and Other Stories at the Juncture of Teen Sex and the Law

Oberman¹

2013

Law soc. inq.

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Laws governing adolescent sexuality are incoherent and chaotically enforced, and legal scholarship on the subject neither addresses nor remedies adolescents' vulnerability in sexual encounters. To posit a meaningful relationship between the criminal law and adolescent sexual encounters, one must examine what we know about adolescent sexuality from both the academic literature and the adults who control the criminal justice response to such interactions. This article presents an in-depth study of In re John Z., a 2003 rape prosecution involving two seventeen-year-olds. Using this case, I explore the implications of the prosecution by interviewing a variety of experts and analyzing the contemporary literature on sexual norms among youth. I also relate a series of interviews conducted with the major players in the prosecution. Examining this case from a variety of perspectives permits a deeper understanding of how the law regulates adolescent sexual encounters and why it fails.

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Forgetting Freud: The Courts' Fear of the Subconscious in Date Rape (and Other) Cases

Cited by 2 publications

References 15 publications

Do Theories of Implicit Race Bias Change Moral Judgments?

Do Theories of Implicit Race Bias Change Moral Judgments?

Two Truths and a Lie: In re John Z. and Other Stories at the Juncture of Teen Sex and the Law

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