Cognitive Law: An Introduction
The Digest. N.I.A.B.A. Law Journal, Vol. 19, pp. 1-12, December 2011
12 Pages Posted: 31 Dec 2009 Last revised: 22 Jan 2012
Date Written: December 31, 2009
Over the past decades cognitive neuroscience has achieved major results in better understanding the neural basis of human behavior. Economics has been the first social science interested and able in using some of these results for its own purposes, mainly because of the renewed interest towards psychology fostered by behavioral economics. Though with some delay, also the legal studies are now showing a growing interest towards cognitive neuroscience researches. The essay first reviews the major facts of this process, then supports new applications of cognitive neuroscience findings to the law, together with the proposal of a new definition for such field of research. Finally, the essay focuses on possible improvements of legal drafting and law enforcement due to a better cognitive-behavioral knowledge of reactions to legal provisions, also by means of practical experiments.
Keywords: Cognitive Law, Cognitive Neuroscience, Behavioral Economics, Economic Analysis of Law
JEL Classification: D03, D80, D87, K40, K42
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