The Brain and the Law

37 Pages Posted: 18 Aug 2004

See all articles by Terrence R. Chorvat

Terrence R. Chorvat

George Mason University - Antonin Scalia Law School, Faculty

Kevin A. McCabe

George Mason University - Department of Economics

Abstract

Much has been written about how law as an institution has developed to solve many problems that human societies face. Inherent in all of these explanations are models of how humans make decisions. This article discusses what current neuroscience research tells us about the mechanisms of human decision-making of particular relevance to law. This research indicates that humans are both more capable of solving many problems than standard economic models predict, but also limited in ways those models ignore. This article discusses how law is both shaped by our cognitive processes and also shapes them. The article considers some of the implications of this research for improving our understanding of how our current legal regimes operate and how the law can be structured to take advantage of our neural mechanisms to improve social welfare.

Keywords: Corporate Law, Criminal Law & Procedure

JEL Classification: D23, K14, K22

Suggested Citation

Chorvat, Terrence R. and McCabe, Kevin A., The Brain and the Law. George Mason Law & Economics Research Paper No. 04-33, Available at SSRN: https://ssrn.com/abstract=577821

Terrence R. Chorvat (Contact Author)

George Mason University - Antonin Scalia Law School, Faculty ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States
703-993-8208 (Phone)

Kevin A. McCabe

George Mason University - Department of Economics ( email )

4400 University Drive
Fairfax, VA 22030
United States

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