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Using Mindfulness Practice To Work With Emotions, Deborah Calloway
Using Mindfulness Practice To Work With Emotions, Deborah Calloway
Faculty Articles and Papers
No abstract provided.
Imagination And Choice, Anne Dailey
Imagination And Choice, Anne Dailey
Faculty Articles and Papers
Contemporary behavioral legal scholarship on individual decisionmaking draws primarily from cognitive psychology. This Article argues that the field of behavioral legal scholarship should be broadened to include modern psychoanalytic ideas about the processes of individual decisionmaking. As explained here, the basic perspective of psychoanalytic psychology is largely compatible with recent cognitive research on decisionmaking. However, a psychoanalytic perspective adds valuable nuance and complexity by exposing for scholarly examination certain essential attributes of individual decisionmaking that have so far been overlooked. As a first step in bringing modern psychoanalytic ideas to the attention of contemporary behavioral legal scholars, this Article examines …
Sincerity And Reason-Giving: When May Legal Decision Makers Lie, Mathilde Cohen
Sincerity And Reason-Giving: When May Legal Decision Makers Lie, Mathilde Cohen
Faculty Articles and Papers
Public "reason giving" is an essential duty of democracies, said to promote better public decision-making by keeping the government's discretionary powers in check. However, this aim may be compromised if decision-makers cite insincere and misleading justifications as a means of preventing accountability. This Article contributes to rethinking sincerity in legal decision-making by asking both a normative and a descriptive question. The normative question is whether and to what extent should public institutions disclose the reasons for their decisions. The practical question is whether and how the fact that decision-makers have failed to fully disclose their reasons can be established. The …
Liberalism's Ambivalence, Anne Dailey
Liberalism's Ambivalence, Anne Dailey
Faculty Articles and Papers
This short comment on Nomi Stolzenberg's symposium paper, Liberalism in Love (28 Quinnipiac L. Rev. 593 (2010)), addresses the enduring conflict between rationalism and romanticism as it manifests itself in law. In psychology, the cognitive/behavioral revolution has brought about a dramatic decline in the prominence of psychoanalytic research and therapy. But I argue that this conquest should be seen more in terms of an ambivalence. In law, rationalist ideas about the self and individual decision making necessarily coexist with more romantic ideas about identity and selfhood. Nomi Stolzenberg's essay moves us to think about law in integrated terms: not defined …