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Cognition of the Law

Toward a Cognitive Sociology of Law and Behavior

  • Luigi Cominelli

Table of contents

  1. Front Matter
    Pages i-xii
  2. Luigi Cominelli
    Pages 1-37
  3. Luigi Cominelli
    Pages 39-82
  4. Luigi Cominelli
    Pages 83-134
  5. Luigi Cominelli
    Pages 135-192
  6. Luigi Cominelli
    Pages 193-198

About this book

Introduction

This book’s basic hypothesis – which it proposes to test with a cognitive-sociological approach – is that legal behavior, like every form of human behavior, is directed and framed by biosocial constraints that are neither entirely genetic nor exclusively cultural. As such, from a sociological perspective the law can be seen as a super-meme, that is, as a biosocial constraint that develops only in complex societies. This super-meme theory, by highlighting a fundamental distinction between defensive and assertive biases, might explain the false contradiction between law as a static and historical phenomenon, and law as a dynamic and promotional element.

Socio-legal scholars today have to face the challenge of pursuing a truly interdisciplinary approach, connecting all the fields that can contribute to building a modern theory of normative behavior and social action. Understanding and framing concepts such as rationality, emotion, or justice can help to overcome the significant divide between micro and macro sociological knowledge. Social scientists who are interested in the law must be able to master the epistemological discourses of different disciplines, and to produce fruitful syntheses and bridge-operations so as to understand the legal phenomenon from each different point of view.

The book adopts four perspectives: sociological, psychological, biological-evolutionary and cognitive. All of them have the potential to be mutually integrated, and constitute that general social science that provides common ground for exchange. The goal is to arrive at a broad and integrated view of the socio-legal phenomenon, paving the way for a comprehensive theory of norm-oriented and norm-perceived actions.


Keywords

legal psychology biological foundations of law sociology of law cognitive bias neoscience evolutionary biology equity cognitive science rationality emotion justice behaviour aggression conformism sociobiology mirroring empathy imitation evolutionary jurisprudence cooperation

Authors and affiliations

  • Luigi Cominelli
    • 1
  1. 1.Cesare Beccaria Department of LawUniversity of MilanMilanItaly

Bibliographic information

  • DOI https://doi.org/10.1007/978-3-319-89348-8
  • Copyright Information Springer International Publishing AG, part of Springer Nature 2018
  • Publisher Name Springer, Cham
  • eBook Packages Law and Criminology
  • Print ISBN 978-3-319-89347-1
  • Online ISBN 978-3-319-89348-8
  • Buy this book on publisher's site