Biographing Realist Jurisprudence

This essay reexamines realist jurisprudence through a review of two biographies of leading realists: Dalia Tsuk Mitchell's Architect of Justice: Felix Cohen and the Founding of American Legal Pluralism (2007), and Spencer Waller's Thurman Arnold: A Biography (2005). The essay argues that when biographies of legal realists are considered alongside their academic writing, a more robust jurisprudence emerges. Realist lives crystallize the intuition that the major innovation of legal realism was not, as generally assumed, its attitude toward judges and adjudication. Instead, realist jurisprudence is an institutionalist view of law with a focus on groups rather than individuals. Realist jurisprudence understands courts, legislatures, administrative agencies, and nongovernmental groups as important loci of law, lawmaking, and legal reasoning.     

Cognitive information levels,voter preferences,and local partisan political activity: A field experimental study on the effects of timing and order of message presentation

This article is based upon a factorial design field experiment conducted during the 1980 election campaign. The experiment was conducted to assess whether there is an optimal message strategy available to local party workers in their efforts to inform and persuade voters. The study assesses whether the timing of communications, i.e., near or distant to election day, and the order of message presentation, i.e., whether presenting important information early or late in a communication, have any effects upon voters' information levels and electoral decisions. The analysis supports an interpretation of recency effects, i.e., information presented last in a partisan appeal was more likely to facilitate information and persuasion effects than information positioned first. However, this finding was conditioned upon the timing of message presentation with appeals referencing familiar partisan material only effective near to election day and appeals referencing less familiar and nonpartisan material only effective further from election day.     

Toward a framework for national goals and policy research

The domain of interest is goal formation and policy planning at the national level. A preliminary research framework for analysis of national policy alternatives is defined. Included are the following basic elements: values, goals, attainments, strategies, societal processes, and societal indicators. Using this conceptual structure as a point of departure, an outline is given of the principal research problems to be addressed. Other possible applications of the framework are also described.     

revolutionary marriage: on the politics of sexual stories in Naxalbari

Marriage practices, the dynamics of interpersonal relationships and the politics of sexuality are relatively under-researched themes in the study of Bengali communism. Historical scholarship on the revolutionary politics of the extreme left Naxalbari andolan of the late 1960s–1970s, the object of this piece of study, is no exception. The article engages with women and men's narratives on the practice of ‘revolutionary’ marriage in the movement through the prism of contemporary popular memory studies and narrative analysis. Drawing on field interviews with middle-class male and female activists, the article draws attention to the contestatory nature of marriage in the collective memory of the movement. Narrative contestations over marriage in the Naxalite movement underscore, I argue, a tension between a utopian ideal of transgressive interpersonal relations and dominant middle-class codes of sexual morality. At the same time, individual attempts to ‘compose’ (in storytelling) socially recognizable and acceptable subject positions are grounded upon the silencing and abjection of more risky memories. Given the discrepancies and contradictions within the narrative repertoire from which individuals construct their identities, these ‘marriage stories’ are a tremendous resource for investigating the politics of love, sexuality and subject-formation in middle-class Bengali society.     

Separating Compensatory and Punitive Damage Award Decisions by Trial Bifurcation

In a simulated products liability trial, we tested the effects of bifurcating decisions regarding compensatory and punitive damage awards. Fifty-nine groups of 5-7 jurors heard evidence in a unitary or bifurcated format, deliberated about the case to a unanimous decision, and awarded damages. Trial bifurcation decreased variability in compensatory damage awards across juries hearing the same case, and also decreased the tendency for juries to award extremely high compensatory damages. In addition, deliberation led to lower compensatory awards in the low injury severity condition and higher awards in the high injury severity condition. Jurors reported that they were using evidence more appropriately when the decisions were bifurcated. Implications of evidence bifurcation in civil trials are discussed.