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Law and NeuroscienceCurrent Legal Issues Volume 13$
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Michael Freeman

Print publication date: 2011

Print ISBN-13: 9780199599844

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780199599844.001.0001

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The Juridical Role of Emotions in the Decisional Process of Popular Juries

The Juridical Role of Emotions in the Decisional Process of Popular Juries

(p.407) 21 The Juridical Role of Emotions in the Decisional Process of Popular Juries
Law and Neuroscience

Laura Capraro

Oxford University Press

This chapter focuses on the jury, in particular on the contribution that neuroscience can make to the understanding of the relationship between emotions and decision-making. The study of law is, in general, the result of a scientific approach that tends to privilege ‘rationale’ over the influence of ‘emotions’ and ‘intuitions’ within the context of juridical reasoning. Emotions hold a fundamental role even in instances such as criminal cases, in which results — as supported by research and findings furnished by cognitive neuroscience — are strongly conditioned by ‘emotions’. The latter, while belonging to the realm of ‘reason’ are not an effective impediment to its functionality but, rather, greatly contribute to the reasoning process.

Keywords:   jury, neuroscience, emotions, decision-making, juridical reasoning

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