Law and the Emotions: The Problems of Affective Forecasting

  title={Law and the Emotions: The Problems of Affective Forecasting},
  author={J. Blumenthal},
  journal={Litigation & Procedure eJournal},
  • J. Blumenthal
  • Published 2004
  • Sociology, Psychology
  • Litigation & Procedure eJournal
  • Legal scholarship on behavioralism and the implications of cognitive biases for the law is flourishing. In parallel with the rise of such commentary, legal scholars have begun to discuss the role of the emotions in legal discourse. Discussion turns on the "appropriateness" of various emotions for the substantive law, and on attempts to model the place of the emotions in the law. Implicit in some of these theories, however - and explicit in others - is the assumption that emotions are… CONTINUE READING
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