Structural Dynamics of Cognition: From Consistency Theories to Constraint Satisfaction

2002 ◽  
Vol 6 (4) ◽  
pp. 283-294 ◽  
Author(s):  
Dan Simon ◽  
Keith J. Holyoak
Keyword(s):  
Social Psychology ◽  
Decision Making ◽  
Structural Dynamics ◽  
Constraint Satisfaction ◽  
Gestalt Theory ◽  
Legal Decision ◽  
Cognitive Consistency ◽  
The Past ◽  
Legal Decision Making ◽  
History Of

We first offer a brief review of the history of cognitive consistency theories in social psychology. After promising beginnings as an outgrowth of Gestalt theory, early consistency theories failed to yield a general account of the mechanisms by which attitudes are formed and decisions are made. However over the past decade the principles underlying consistency theories have been revived in the form of connectionist models of constraint satisfaction. We then review experimental work on complex legal decision making that illustrates how constraint satisfaction mechanisms can cause coherence shifts, thereby transforming ambiguous inputs into coherent decisions.

Psychology and the New Private Law

2020 ◽  
pp. 124-142
Author(s):  
Tess Wilkinson-Ryan
Keyword(s):  
Social Psychology ◽  
Decision Making ◽  
Law And Economics ◽  
Mental States ◽  
Psychological Research ◽  
Private Law ◽  
Legal Decision ◽  
Psychological Analysis ◽  
Legal Decision Making ◽  
Normative Models

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.

scholarly journals Judicial Notice: The Very Texture of Legal Reasoning

2000 ◽  
Vol 15 (1) ◽  
pp. 1-37
Author(s):  
Susan G. Drummond
Keyword(s):  
Decision Making ◽  
Family Law ◽  
Legal Reasoning ◽  
Decision Making Process ◽  
Legal Decision ◽  
Legal Decision Making ◽  
History Of

AbstractThe doctrine of judicial notice has been gaining attention in Canadian jurisprudence. This article begins with an examination of how the doctrine has been recently used in areas such as family law to bring a diversity of community interests into the legal decision-making process. The history of the doctrine in American and Canadian jurisprudence is reviewed along with its principal characterizations in the works of Thayer, Morgan, and Davis. The article goes on to uncover several epistemological problems to which the doctrine is prone and proposes a means of getting out of these philosophical dilemmas while keeping the integrity of the doctrine intact. The article concludes by alluding to the communitarian uses to which the doctrine might be put.

Stereotypes and legal decision making

2014 ◽  
Author(s):  
John G. Conway ◽  
Scott R. Tindale
Keyword(s):  
Decision Making ◽  
Legal Decision ◽  
Legal Decision Making

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

Daedalus ◽  
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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