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Full-Text Articles in Law

Law And The Emotions: The Problems Of Affective Forecasting, Jeremy A. Blumenthal Apr 2005

Law And The Emotions: The Problems Of Affective Forecasting, Jeremy A. Blumenthal

Indiana Law Journal

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. This discussion often addresses the "appropriateness" of various emotions for the substantive law, or 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 "predictable," "manageable, "and (for some commentators) under conscious control. This assumption is belied by psychological research on affective forecasting that demonstrates …


A Psychologist's Perspective On Capital Juries, Steven J. Sherman Jan 2005

A Psychologist's Perspective On Capital Juries, Steven J. Sherman

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.