How ideology shapes legal concepts: The case of public order.

This study explores the intersection of ideology and legal reasoning using a novel systemic approach grounded in network thinking, analyzing the vague legal concept of public order (PO) as a social representation. Our findings support the presence of a broadly agreed-upon core of PO, alongside a periphery, which is variable and connected to ideology, especially right-wing authoritarianism. In this context, political beliefs seem to be linked with reasoning about some PO judgments, such as when assessing LGBTQ+ rights. Our findings suggest the need to raise awareness among legal policymakers and practitioners about the ideological underpinnings of PO while demonstrating the utility of network modeling as a powerful tool for studying legal concepts across diverse legal cultures and regions.

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Publication Details

Journal
Psychology Public Policy and Law
Published
2025-02-18
DOI
https://doi.org/10.1037/law0000449
Primary Topic
Law in Society and Culture
Type
article
Field-Weighted Citation Impact
0.00

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article

How ideology shapes legal concepts: The case of public order.

Terezie Smejkalová, Markéta Štěpaníková, Jan Šerek, Petr Palíšek
Psychology Public Policy and Law
Law in Society and Culture
article

How ideology shapes legal concepts: The case of public order.

Terezie Smejkalová, Markéta Štěpaníková, Jan Šerek, Petr Palíšek
article en

Abstract

This study explores the intersection of ideology and legal reasoning using a novel systemic approach grounded in network thinking, analyzing the vague legal concept of public order (PO) as a social representation. Our findings support the presence of a broadly agreed-upon core of PO, alongside a periphery, which is variable and connected to ideology, especially right-wing authoritarianism. In this context, political beliefs seem to be linked with reasoning about some PO judgments, such as when assessing LGBTQ+ rights. Our findings suggest the need to raise awareness among legal policymakers and practitioners about the ideological underpinnings of PO while demonstrating the utility of network modeling as a powerful tool for studying legal concepts across diverse legal cultures and regions.

Psychology Public Policy and LawVol. 31(2)
Grantová Agentura České Republiky
Peace, Justice and strong institutions
Openalex Percentile: Top 95%
Law in Society and Culture
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