Law and the Emotions: The Problems of Affective Forecasting

@article{Blumenthal2004LawAT,
  title={Law and the Emotions: The Problems of Affective Forecasting},
  author={Jeremy A. Blumenthal},
  journal={Litigation \& Procedure eJournal},
  year={2004}
}
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… 
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References

SHOWING 1-10 OF 130 REFERENCES
Taking Behavioralism Seriously: The Problem of Market Manipulation
For the past few decades, cognitive psychologists and behavioral researchers have been steadily uncovering evidence that human decisionmaking processes are prone to nonrational, yet systematic,
Individual differences in the experience of emotions.
Evaluating Empirical Research Methods: Using Empirical Research in Law and Policy
Using the study of capital punishment in Nebraska as a starting point, this paper explores more broadly the tensions and tradeoffs at the intersection of social science methodology and the law from
Attitude Importance and the False Consensus Effect
Numerous studies have demonstrated that the attitudes people consider personally important have an enhanced impact on cognition and behavior. This article explores the possibility that importance may
The Uncertain Psychological Case for Paternalism
INTRODUCTION Human beings are fallible creatures. They often make poor choices, seizing upon irrelevant considerations to support their decisions even as they ignore important ones.1 Even choices
Four latent traits of emotional experience and their involvement in well-being, coping, and attributional style
In two samples of college students (Ns = 116 and 141), this research investigated the ways in which individuals differ in their experience of emotion. Four latent traits emerged from scales assessing
Temporal Adjustments in the Evaluation of Events: The "Rosy View"
TLDR
The results of all three studies supported the hypothesis that people's expectations of personal events are more positive than their actual experience during the event itself, and their subsequent recollection of that event is morepositive than the actual experience.
The Culture of Compliance: The Final Triumph of Form over Substance in Sexual Harassment Law
Why does sexual harassment persist despite nearly three decades of attempts to eliminate it? While courts have developed a comprehensive set of legal rules governing workplace harassment, the
Decisions and revisions: the affective forecasting of changeable outcomes.
TLDR
The results demonstrate that errors in affective forecasting can lead people to behave in ways that do not optimize their happiness and well-being.
The Social Organization of Surrogacy: Relinquishing a Baby and the Role of Payment in the Psychological Detachment Process
TLDR
The ‘maternal-foetal detachment’ theory provides a framework for understanding how some women relinquish a baby in the context of paid surrogacy, and considers what can be learned about the concepts of maternal- foetal attachment and maternal instinct.
...
...