Gimme the money: Monetary risk taking is linked to legal decision-making deficits in adolescents

This chapter presents a framework for understanding the most promising contributions of psychological methods and insights for private law. It focuses on two related domains of psychological research: cognitive and social psychology. Cognitive psychology is the study of mental processes, which one might shorthand as “thinking.” Social psychology asks about the role of other people—actual, implied, or imagined—on mental states and human behavior. The chapter is oriented around five core psychological insights: calculation, motivation, emotion, social influence, and moral values. Legal scholarship by turns tries to explain legal decision-making, tries to calibrate incentives, and tries to justify its values and its means. Psychology speaks to these descriptive, prescriptive, and normative models of decision-making. The chapter then argues that psychological analysis of legal decision-making challenges the work that the idea of choice and preference is doing in private law, especially in the wake of the law and economics movement.

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Software Reviews : Computer Software and Legal Decision Making: A Review Essay

Social Science Computer Review ◽

10.1177/089443939000800208 ◽

1990 ◽

Vol 8 (2) ◽

pp. 276-287

Author(s):

Stuart S. Nagel

Keyword(s):

Decision Making ◽

Review Essay ◽

Computer Software ◽

Legal Decision ◽

Legal Decision Making ◽

Software Reviews

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LEGAL DECISION-MAKING

Research Handbook on Law and Emotion ◽

10.4337/9781788119085.00032 ◽

2021 ◽

pp. 287-287

Keyword(s):

Decision Making ◽

Legal Decision ◽

Legal Decision Making

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When Law Calls, Does Science Answer? A Survey of Distinguished Scientists & Engineers

Daedalus ◽

10.1162/daed_a_00519 ◽

2018 ◽

Vol 147 (4) ◽

pp. 41-60

Author(s):

Shari Seidman Diamond ◽

Richard O. Lempert

Keyword(s):

Decision Making ◽

American Academy ◽

Legal System ◽

Legal Decision ◽

Legal Decision Making ◽

Scientists And Engineers ◽

Legal Procedures

Sound legal decision-making frequently requires the assistance of scientists and engineers. The survey we conducted with the cooperation of the American Academy examines the views of the legal system held by some of the nation's most distinguished scientists and engineers, what motivates them to participate or to refuse to assist in lawsuits when asked, and their assessment of their experiences when they do participate. The survey reveals that a majority of the responding scientists and engineers will agree to participate when asked, and when they turn down requests, the most common reasons are lack of time and absence of relevant expertise. Dissatisfaction with legal procedures is also a deterrent, but our respondents indicated that some procedural changes would make their participation more likely. In addition, participation appears to be associated with a greater belief in the ability of the legal system to deal well with scientific matters.

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