54 Pages Posted: 14 Nov 2002
Cognitivism - the explanation of human action by resort to actions in the mind or brain - is a fashionable trend in contemporary social science. Recent books from lawyers argue that cognitivism will give us greater insights into law because law is a product of mind. Therefore, a better theory of mind will give us a better theory of law. This article considers the arguments in two recent books in support of the application of cognitivism to law. In addition to reviewing the arguments for a cognitivist approach to law, the article takes up the philosophical dimensions of cognitivism.
Keywords: cognitivism, mind, philosophy, jurisprudence, legal philosophy, thought
Suggested Citation: Suggested Citation
Patterson, Dennis, Fashionable Nonsense. Texas Law Review, Vol. 81, 2003; Princeton Law and Public Affairs Working Paper No. 02-4. Available at SSRN: https://ssrn.com/abstract=347281 or http://dx.doi.org/10.2139/ssrn.347281