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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

Luca Arnaudo

LUISS Guido Carli University; Government of the Italian Republic (Italy) - Italian Competition Authority

Date Written: December 31, 2009

Abstract

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

Suggested Citation

Arnaudo, Luca, Cognitive Law: An Introduction (December 31, 2009). The Digest. N.I.A.B.A. Law Journal, Vol. 19, pp. 1-12, December 2011. Available at SSRN: https://ssrn.com/abstract=1529935

Luca Arnaudo (Contact Author)

Government of the Italian Republic (Italy) - Italian Competition Authority ( email )

Piazza G. Verdi 6/a
Roma, 00184
Italy

LUISS Guido Carli University ( email )

Via O. Tommasini 1
Rome, Roma 00100
Italy

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