Shared professional background produces judicial sympathy that outsiders cannot match.
Evidence
The judge and Facher were of the same generation. They had gone to the same law school at virtually the same time. They had the same breeding in the law, and they had both risen to high positions in it. They even seemed to think alike. Schlichtmann had noticed that they had a habit of finishing each other’s sentences. Sometimes Schlichtmann felt as if he were eavesdropping on a private conversation. — , Harr Jonathan - A Civil Action, 1289
Categorization
- XREF: Connects to the Milgrom/Harris material on social homogeneity lowering the cost of trust — here the same class-formation advantage is deployed inside a courtroom. — connects to: Differential citizenship rights create legally stigmatized insiders treated as outsiders. — Sherene Razack, Casting Out: The Eviction of Muslims…, 254; Courts struggle to conceive full redress even for acknowledged extreme injustices — Tamara Lanier, From These Roots: My Fight with Harvard…, 1336; Judges are persuaded more by colleagues whose legal perspective they share — G. Alan Tarr, Judicial Process and Judicial…, 2621 (+5 more)
Broader Connections
- Judges are persuaded more by colleagues whose legal perspective they share
#corroborates(0.95) — G. Alan Tarr, Judicial Process and Judicial…, 2621 - Differential citizenship rights create legally stigmatized insiders treated as outsiders.
#contradicts(0.90) — Sherene Razack, Casting Out, 254 - Legal legitimacy is structural contingency, not shared conviction
#contradicts(0.85) - Courts struggle to conceive full redress even for acknowledged extreme injustices
#complicates(0.80) — Tamara Lanier, From These Roots, 1336 - Courts punish qualities hidden behind acts, not just the acts themselves
#complicates(0.75) — Michel Foucault, Discipline & Punish- The Birth of the…, 58 - Diversifying the judiciary can worsen in-group bias against defendants
#complicates(0.75) - Unequal legal status makes trust between citizens impossible
#complicates(0.75) — Diego Gambetta, Trust - Making and Breaking Cooperative…, 1837 - Sympathy for the oppressed can coexist with damaging representation of them
#complicates(0.70) — Aijaz Ahmad, In Theory, 245