Skip to main content
Article
The Great Attributional Divide: How Legal Policy Debates Are Shaped by Divergent Views of Human Nature
Emory Law Journal (2008)
  • Adam Benforado
  • Jon Hanson
Abstract

This article, the first of a multipart series, argues that a major rift runs across many of our major policy debates based on our attributional tendencies: the less accurate dispositionist approach, which explains outcomes and behavior with reference to people's dispositions (i.e., personalities, preferences, and the like), and the more accurate situationist approach, which bases attributions of causation and responsibility on unseen influences within us and around us. Given that situationism offers a truer picture of our world than the alternative, and given that attributional tendencies are largely the result of elements in our situations, identifying the relevant elements should be a major priority of legal scholars. With such information, legal academics could predict which individuals, institutions, and societies are most likely to produce situationist ideas - in other words, which have the greatest potential for developing the accurate attributions of human behavior that are so important to law.

Keywords
  • law,
  • legal theory,
  • ideology,
  • psychology,
  • situationism,
  • realism
Disciplines
Publication Date
Spring 2008
Citation Information
Adam Benforado and Jon Hanson. "The Great Attributional Divide: How Legal Policy Debates Are Shaped by Divergent Views of Human Nature" Emory Law Journal Vol. 57 Iss. 2 (2008)
Available at: http://works.bepress.com/adam_benforado/4/