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