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Feb 23, 2021 · Its mark is to view emotion functionally in legal decision making as if it could be likened to an unwarranted assumption of which the decision maker is largely unaware, and it suggests that this is due to how the law works: the multiplicity of legal sources renders the formalist pretence of doctrinal determinacy an insidious falsity.
- Patricia Mindus
- 2021
care about the outcome of our decision making and motivate us to take action, or refrain from taking action, on the situations we evaluate. (Bandes & Blumenthal, 2012: 163-4) Given the ways in which emotions influence so many processes of motivation, judgement and decision-making, it is perhaps unsurprising that their role within a
Jan 3, 2020 · This Article begins by exploring our ancient mistrust of emotion, particularly in the law, and more recent theories in cognitive psychology and behavioral neuroscience positing that reason and motion work together in all forms of decision-making to help us make better decisions.
- Kristen Konrad Tiscione
- 2019
Feb 23, 2023 · Empirical Investigations of Emotion in Legal Decision Making. In this section, we review classic and recent empirical research on the effects of emotional evidence, emotional experiences of jurors, and emotion displays from victims and defendants on legal judgments. We also review strategies to reduce the unwanted effects of emotional evidence ...
May 31, 2006 · This paper draws on research in social and cognitive psychology to show how theories of judgment and decision making that incorporate decision makers' affective responses apply to legal contexts. It takes 2 widely used models of decision making, the rational actor and lens models, and illustrates their utility for understanding legal judgments by using them to interpret research findings on ...
- Richard L. Wiener, Brian H. Bornstein, Amy Voss
- 2006
Oct 13, 2016 · The role of emotions in legal decision making has been debated extensively (e.g., see Bandes 1996), with the traditionally held opinion by legal scholars that emotions largely impede rational decisions and sound judgments (Laster and O’Malley 1996; Posner 1999). Recent work in emotion and decision making literatures, however, suggests that such sweeping generalizations are incorrect, or at ...
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Feb 23, 2021 · The paper plots the different positions jurisprudents hold concerning the role of emotion in judicial decision making, regardless of where they stand on matters such the nature of law.
