The Hierarchical-Communitarian Worldview

One thing that most fascinated me about Dan Kahan’s findings (as reported in his Boden Lecture here on Monday) was the lack of people appearing in the quadrant (on his “group-grid” framework) that would be characterized as hierarchical and communitarian (the flip of that, also apparently lacking, would be individualistic egalitarians–more on that later). The gap is striking since hierarchical communitarians are heavily represented in history among philosophers and theologians. Plato and Aristotle would both be hierarchical communitarians, as would Aquinas (pictured above) and other of the Church fathers. Further afield, in China we’d find Confucius and his dialectics and in India, Manu and the dharma shastra.

In many ways, hierarchical communitarianism would appear to be the most realistic of the four possible configurations of beliefs. On the one hand, it recognizes that natural talents are unevenly distributed. Some people are more creative than others, some more intelligent, some have higher emotional quotients and a greater capacity to work with others, etc. Some among us need more guidance from outside, some are wiser. It also, again more realistically, recognizes our interdependence. On the normative side, hierarchical communitarians would celebrate that diversity and appreciate how it contributes to a rich, well-functioning and interesting community and would therefore encourage an awareness among others of the virtues of community and diversity.

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Kahan on Law Enforcement in the Inner-City

Yale Professor Dan Kahan delivered a terrific public lecture here yesterday on his theory of cultural cognition.  I am excited to see his program today with Milwaukee County District Attorney John Chisholm, moderated by Mike Gousha.  For more than a decade, Kahan has been one of the legal academy’s most original and thought-provoking writers on inner-city law enforcement.  It should be very interesting to hear him discuss the particular challenges facing Milwaukee with D.A. Chisholm, who has already initiated several intriguing new programs during his short time in office.

In preparation for the program, I have been reviewing a couple of Kahan’s classic law review articles on inner-city policing. 

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When Police Officers Use Deadly Force, Can Judges Ever Be Trusted to Judge Them?

That is the question that lurks behind a fascinating new paper by Dan Kahan, David Hoffman, and Donald Braman. The paper responds to Scott v. Harris, 127 S. Ct. 1769 (2007), in which the Supreme Court held that summary judgment was properly granted to a police officer in a § 1983 lawsuit challenging the officer’s decision to ram his police car into the car of a fleeing motorist. One of the paper’s authors, Dan Kahan (pictured at left), is visiting the Law School today to present the paper at a faculty workshop. (Dan will also be delivering the Boden Lecture here late this afternoon.) The paper begins by taking issue with a particular, case-specific assertion by the majority in Scott, but then opens up some much deeper questions about the roles of judge and jury in a culturally diverse democracy.

The majority in Scott relied on a videotape of the fleeing motorist, which purported to show that he was driving in such a dangerous manner as to justify the use of deadly force to stop him. The majority found the videotape sufficiently compelling that, in its view, no reasonable juror could find in favor of the motorist on his claim that the police officer had acted unreasonably in violation of the Fourth Amendment–thus, warranting a grant of summary judgment. Kahan and his coauthors, however, showed the same videotape to a diverse sample of 1,350 Americans, and found evidence of some disagreement with the majority’s view of the case. Thus, had the case been permitted to go to a jury, there is a statistically sound basis for expecting that one or more of the jurors would have had a considerably less positive view of the officer’s conduct than did the members of the Supreme Court.

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