The Tradition Industry: Hofstadter and Santayana on Politics,Culture and Capitalism

Richard Hofstadter’s provocative interpretation of what he called The American Political Tradition has long interested students and scholars. Often read as a response to the crisis times of the depression 1930s and interventionist 1940s, the book’s origins are actually rooted in deeper cultural changes in the United States. This paper argues that George Santayana’s earlier essay, “The Genteel Tradition in American Philosophy” (1911), anticipated several key aspects of Hofstadter’s argument and proved to more accurately foresee the ideological course of twentieth century American politics.     

The Influence of Personal Values on Legal Judgments

The non‐legal factors that influence judicial decisions have been the subject of extensive debate. Theoretical and empirical work has focused on factors including political ideology, activism, attitudes, and demographics. Personal values are related to these factors and are central to decision making. The study described in this article translated theories and techniques from psychological research to examine the role of personal values in judicial decision making. A novel method of assessment of value expression in legal opinions revealed a different pattern of values expressed in the majority and minority opinions of a case that divided the Supreme Court. An empirical study of legal academics extended this analysis and highlighted the significant influence of personal values on legal decisions. The value:decision paradigm provides a new framework to analyse judicial decision making, judicial division, and judicial discretion and has significant implications for judicial diversity.     

Maintaining Perspective on the Economic Issues of Today

As the new administration takes office it is important to maintain some perspective on the economicchallenges facing the nation. The situation is far better today than when President Obama took office in2009 and 2013. Unemployment is close to pre-Great Recession levels, incomes are rising and poverty ratesfalling. We face economic challenges but the most important ones are not international trade or immigration.Sluggish economic growth, a fiscal crisis in our entitlement programs, high inequality in incomes andwealth, and climate change are what should demand our attention.