The Situationist

Archive for August, 2012

Racial Bias Among Criminal Defense Lawyers

Posted by The Situationist Staff on August 31, 2012

Andrea Lyon recently posted her article, “Race Bias and the Importance of Consciousness for Criminal Defense Attorneys” (Seattle University Law Review, Vol. 35, p. 755, 2012) on SSRN. Here is the abstract.

The problems of racial bias pervade the criminal justice system. In this paper a subject that is not much talked about — the issue of how racial bias affects defense attorneys and the need for defense attorneys to acknowledge implicit and explicit racial biases as a matter of practice — is examined. Specifically, the paper covers problems of racial bias when defense attorneys make assumptions about (1) their clients, and (2) veniremen during voir dire.

Download the paper for free here.

Related Situationist posts:

Implicit Bias in the Law Conference – This Thursday

Posted in Abstracts, Implicit Associations, Law | Tagged: , , , | 1 Comment »

Bias in Fortune 500 Legal Departments

Posted by The Situationist Staff on August 29, 2012

From ABA:

Initial findings from the ABA Commission on Women in the Profession survey “Visible Invisibility: Women of Color in Fortune 500 Legal Departments” found that women of color are underpaid, underestimated and undervalued.

According to an executive summary of the survey, “Sadly, female attorneys of color often are treated as second-class citizens in a profession that ironically is charged with the responsibility of ensuring justice and equality for all.”

Nine years ago, the Commission on Women in the Profession created its Women of Color Research Initiative, which has produced surveys to bring attention to the inequities women of color contend with in the profession.

The first phase of this initiative explored the career experiences of women of color in law firms. The current phase of the initiative focuses on those women in corporate law departments during four aspects of their careers: hiring, recruitment, retention and advancement.

So far, the survey has found that women of color did not experience bias in hiring, but as they progressed in their careers, they experienced it in the retention and advancement phases.

Lorelie S. Masters, the co-chair for the Women of Color Research Initiative Committee, said that other initial findings revealed that 48 percent of white men reported satisfaction with their careers in-house compared with 17 percent of African-American women. Though pleased with the decision to work for in-house Fortune 500 legal departments, African-American women’s overall satisfaction was significantly less.

The survey determined that compensation was a key factor in job satisfaction during each phase of a lawyer’s career. Masters said that one study highlighted that the pay gap in the beginning may start at a $2,000 annual difference between male and female associates earning up to $66,000 a year. She said, “We all understand, and certainly women of color as much as anyone, that compensation is a measure of how an organization values one’s contribution.”

The full report of the nationwide survey of 1,000 in-house lawyers at Fortune 500 companies will be published in the fall.

Related video from “Visible Invisibility: Top women lawyers of color share “best advice” for career advancement.

Related Situationist posts:

Posted in Implicit Associations, Law | Tagged: , , | Leave a Comment »

Another Review of “Ideology, Psychology, and Law”

Posted by The Situationist Staff on August 27, 2012

At PsychCentral, Dan Berkowitz wrote a terrific review of Jon Hanson’s 2012 volume, Ideology, Psychology, and LawHere are some excerpts:

Ideology, Psychology, and Law is a wonderful collection of essays edited by Jon Hanson, the Alfred Smart Professor of Law and Director of The Project on Law and Mind Sciences at Harvard Law School. This is the first book edited by Hanson, whose work has appeared in six other books and many periodicals. Hanson also cofounded The Situationist blog in 2005, and in 2011 it won the Media Prize from the Society for Personality and Social Psychology.

Spanning 21 essays, the first of which Hanson wrote (as well as four others which he cowrote), Ideology, Psychology, and Law is an academic book that belongs either on a classroom desk or a library shelf. It’s not really the kind of book you bring to the beach for light reading. That said, for students and academics looking to examine the intersection of the three titular areas, Hanson’s new contribution is nothing short of a marvel.

Each of its essays is distinct, coherently argued, well written and worthy of reading. Hanson starts the book with his own essay, “Ideology, Psychology, and Law.” In it, he lays the groundwork for the remaining essays and gives some background on and context to the meaning of the three terms under discussion. He does not aim to define them, leaving that task to the essays that follow. Rather, Hanson provides the reasoning behind the book’s composition:

It should not be obvious what a volume titled Ideology, Psychology, and Law is actually about. After all, each category—ideology, psychology, and law—has numerous definitions and covers a vast domain. Furthermore, the concepts are not commonly understood as closely linked. One goal of this volume, however, is to help delineate the sizable overlap between the categories of ideology, psychology, and law and to show that the links between them are tighter and stronger than conventionally perceived.

Hanson’s other goal is to, in a sense, create a new field of study—or rather, to look at preexisting fields in new ways. He writes:

In bringing together some of the world’s most illustrious scholars in law, political science, political psychology, and social psychology, my aspiration for this book has been not only to illuminate the intersections among those disciplines but also to expand the ties between those fields in the hope of encouraging more interdisciplinary collaboration, research, and insight in the future.

Hanson is almost calling for some quasi-revolution in how we study these three fields. Human behavior is not only dynamic, but also largely misunderstood. In this way, the implications contained in Hanson’s book can result in profoundly new ways of conceiving of these disciplines. And by attempting to reorient the reader’s world and renegotiate his perception of reality, Hanson is implicitly catalyzing the evolution of our studies. Are there arguments in Ideology, Psychology, and Law that will be contested? Of course. But they are rooted in such substantive theory and testimony that it is not easy simply to dismiss them.

Moreover, Ideology, Psychology, and Law does not have one single or even several themes that abstractly bind the book together. Instead, Hanson gave his contributors free rein to write and argue as they pleased. In this way, readers will surely agree with certain arguments and disagree with others, and they will surely favor certain essays over others.

My personal favorites are the first section of Hanson’s introduction from which I quoted above, “Ideology, Psychology, and Law;” “Bias Perception and the Spiral of Conflict” by Kathleen A. Kennedy and Emily Pronin; “Backlash: The Reaction to Mind Sciences in Legal Academia” by Adam Benforado and Hanson; and “Crowding Out Morality: How the Ideology of Self-Interest Can Be Self-Fulfilling” by Barry Schwartz.

* * *

Given its timeliness, thought-provoking nature and ability to elucidate key and heavy ideas, Ideology, Psychology, and Law should without question be studied by those interested in its subjects. As well, Hanson should be commended for his staggering efforts.

Read the entire review here.

Read more about or purchase Ideology, Psychology, and Law here.

Related Situationist posts:

Posted in Book, Situationist Contributors, Social Psychology | Leave a Comment »

Firstiness

Posted by The Situationist Staff on August 25, 2012

From Haas Newswroom (UC Berkeley) (a press release regarding an article co-authored by Situationist Contributor Mahzarin Banaji and Situationist friend Dana Carney):

How people make choices depends on many factors, but a new study finds people consistently prefer the options that come first: first in line, first college to offer acceptance, first salad on the menu – first is considered best.

The paper, “First is Best,” recently published in PLoS ONE by Dana R. Carney, assistant professor of management, University of California, Berkeley’s Haas School of Business, and co-author Mahzarin R. Banaji, professor of psychology, Harvard University.

In three experiments, when making quick choices, participants consistently preferred people (salespersons, teams, criminals on parole) or consumer goods presented first as opposed to similar offerings in second and sequential positions. The authors say their findings may have practical applications in a variety of settings including in consumer marketing.

“The order of individuals performing on talent shows like American Idol. The order of potential companies recommended by a stockbroker. The order of college acceptance letters received by an applicant. All of these firsts have privileged status,” says Carney. “Our research shows that managers, for example in management or marketing, may want to develop their business strategies knowing that first encounters are preferable to their clients or consumers.”

The study found that especially in circumstances under which decisions must be made quickly or without much deliberation, preferences are unconsciously and immediately guided to those options presented first. While there are sometimes rational reasons to prefer firsts, e.g. the first resume is designated on the top of the pile because that person wanted the job the most, Carney says the “first is best” effect suggests that firsts are preferred even when completely unwarranted and irrational.

The study’s first experiment asked 123 participants to evaluate three groups: (a) two teams, (b) two male salespersons, and (c) two female salespersons. First, participants were asked to join one of the two teams and were introduced to the Hadleys and the Rodsons. Immediately following the introduction, they decided which team to join. Next, participants were told they were buying a car and introduced to two male salespersons: Jim and Jon. Immediately following the introduction, they selected the salesperson from whom they preferred to buy a car. Finally, participants were told they needed to re-make their car-buying decision and that they would be introduced to two new salespersons; this time, female: Lisa and Lori. After sequential introduction they, again, decided which person they’d like to buy a car from.

When asking participants about their choices, the researchers asked about choice in two ways: conscious/deliberate choice, which was self-reported (i.e.., “I prefer Lisa to Lori”), or they completed a reaction-time task adapted from cognitive psychology in which participants’ automatic, unconscious preference for each option was assessed (i.e. “good,” “better,” “superior”).  Regardless of whom people said they preferred, on the unconscious, cognitive measure of preference, participants always preferred the first team or person to whom they were introduced.

To test the choice preferences of consumer goods, the researchers asked 207 passengers at a train station to select one of two pieces of similar bubble gum in a “rapid decision task” or choosing within a second of seeing the choices (using psychologist Daniel Kahneman’s theory on ‘thinking, fast and slow’). Once again, the result was the same: when thinking fast, the bubble gum presented first was the preferable choice in most cases.

Researchers considered the salespeople and the gum relatively positive stimuli, without controversy. In order to test their theory with negatively charged options, Carney and Banaji asked another group of 31 participants to choose between pairs of convicted criminals and decide which one was more worthy of parole instead of prison. After viewing mug shots of two 29 year-old criminals known to have committed the same violent crimes with similar features and facial expressions, again, when “thinking fast,” participants judged the first criminal presented as more worthy of parole.

If order matters, why? Carney contends the proven “primacy has power” theory may provide the best answers. The paper cites, “a preference for firsts has its origins in an evolutionary adaptation favoring firsts …” For example, in most cases, humans tend to innately prefer the first people they meet: a mother, family members. In addition, those preferences are associated with what’s safe. Carney says the historic concept of the established “pecking order” also supports their findings that people find “first is best.”

From The Economist(some discussion of the marketing implications of these findings):

The order in which people experience things affects their opinion of them: they tend to like the first option best.

This is the result of a new study by Dana Carney of Berkeley’s Haas School of Business and Mahzarin Banaji of Harvard University. To test their hypothesis, the researchers conducted a series of experiments. In one volunteers were shown pictures of two violent criminals and then asked which one deserved parole. Most felt more merciful towards the first mugshot they were shown (different volunteers saw different villains first).

This bias affects commercial decisions, too. Asked which type of chewing gum they preferred, 68% of respondents at a railway station in Boston picked the first stick they were offered. In another experiment, volunteers more often wanted to buy a car from the first salesperson they met rather than the second.

In their paper, entitled “First is Best”, the authors contend that the first option in a series will be “consistently preferred” if the chooser is under time pressure or slightly distracted. Thanks to mobiles, meetings and toddlers that pretty much describes modern life for many people.

Clever companies have noticed, and compete to bump whatever they are selling to the front of the queue. That is why the first slot in an advertisement break on television costs more than the second; it’s roughly 10-15% pricier, according to Jonathan Allan, sales director at Channel 4, a British broadcaster. It is also why an ad that introduces a rival’s product first, even in order to disparage it, may well backfire. Advertising firms themselves like to go first when pitching for an account. “It sets the benchmark for everybody else,” says Bridget Angear of AMV BBDO, an advertising agency.

Read the entire Economist article here.

See the full paper.

Related Situationist posts:

Image from Flickr.

Posted in Choice Myth, Marketing, Situationist Contributors | 1 Comment »

Jonathan Haidt on the Situation of Religious Beliefs

Posted by The Situationist Staff on August 22, 2012

From TED:

Psychologist Jonathan Haidt asks a simple, but difficult question: why do we search for self-transcendence? Why do we attempt to lose ourselves? In a tour through the science of evolution by group selection, he proposes a provocative answer.

Jonathan Haidt studies how — and why — we evolved to be moral. By understanding more about our moral roots, his hope is that we can learn to be civil and open-minded.

A small sample of related Situationist posts:

Posted in Altruism, Conflict, Distribution, Ideology, Morality, Politics, Social Psychology, Video | Leave a Comment »

Compliance – The Movie

Posted by The Situationist Staff on August 20, 2012

From :

When a police officer tells you to do something, you do it. Right?

Inspired by true events, COMPLIANCE tells the chilling story of just how far one might go to obey a figure of authority. On a particularly busy day at a suburban Ohio fast food joint, high-strung manager Sandra (Ann Dowd (Garden State) receives a phone call from a police officer saying that an employee, a pretty young blonde named Becky (newcomer Dreama Walker) has stolen money from a customer. Convinced she’s only doing what’s right, Sandra commences the investigation, following step-by-step instructions from the officer at the other end of the line, no matter how invasive they become. As we watch, we ask ourselves two questions: “Why don’t they just say no?” and the more troubling, “Am I certain I wouldn’t do the same?”

The second feature from director Craig Zobel (the man behind the 2007 Sundance hit Great World of Sound), COMPLIANCE recounts this riveting nightmare in which the line between legality and reason is hauntingly blurred. The cast delivers startlingly authentic performances that make the appalling events unfolding onscreen all the more difficult to watch — but impossible to turn away from. Delving into the complex psychology of this real-life story, COMPLIANCE proves that sometimes truth really is stranger than fiction.

Why isn’t it easy to “just say no….”

Related Situationist posts:

Posted in Choice Myth, Morality, Social Psychology, Video | 2 Comments »

Dan Ariely on the Situation of Dishonesty

Posted by The Situationist Staff on August 18, 2012

From

Dan Ariely visits the RSA to examine the mechanisms at work behind dishonest behaviour, and the implications this has for all aspects of our social and political lives.

Listen to the podcast of the full event including audience Q&A here.

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Posted in Behavioral Economics, Morality, Social Psychology, Video | 1 Comment »

David Eagleman’s Big Thoughts on Synesthesia

Posted by The Situationist Staff on August 16, 2012

From Big Think:

On a late winter day in 1922, the sound of a gun shot resounded with a loud boom in the hills surrounding the house of three-year-old Edgar Curtis. The sound itself wasn’t out of the ordinary, since the Curtises lived near a firing range. What was extraordinary was the question the boy turned to ask his mother: “What is that big, black noise?”

A few days later, when his mother was putting him to bed, Edgar heard the chirping of a shrill cricket and demanded, “What is that little white noise?” For Edgar, low, rhythmic notes were dark in color. High-pitched sounds were pale, and, researchers later discovered, tones in between were variously red, blue, and purple. A rainbow was “a song.”

Edgar Curtis’ story is an early example in the scientific literature of synesthesia, a neurological phenomenon in which one or more sensory modalities are linked. “There are many different forms,”  says David Eagleman, a neuroscientist known for his ability to garner important insights into the nature of perception and consciousness through idiosyncratic methods. “Essentially, any cross-blending of the senses that you can think of, my colleagues and I have found a case somewhere.”

Watch Big Think interview on synesthesia with neuroscientist David Eagleman:

Read the entire Big Think blog post here.

Related Situationist posts:

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Mindfulness in School

Posted by The Situationist Staff on August 14, 2012

From On Point Radio (with Tom Ashbrook):

American children need reading, writing and arithmetic.  They need science, technology, engineering, art, literature.  They also, says a new movement, need a psychological tool kit filled with attention, perseverance, emotional control, “mindfulness.”  Some now call it character.

The habits of mind that make all else possible.  Taught in school.  Classrooms are now taking time out for meditative moments.  Getting centered.  Getting mindful.  The call it self-regulation.  Emotional learning.  Right alongside the “three-R’s”.

This hour, On Point:  teaching mindfulness at school.

Listen to the show here or by clicking on the following link: Mindfulness in School

Watch the TEDMED talk referenced in podcast below.

Related Situationist posts:

Posted in Education, Positive Psychology | Tagged: , , | 1 Comment »

The Situation of Money-Based Happiness

Posted by The Situationist Staff on August 12, 2012

An excerpt from a recent, terrific New York Times piece by Elizabeth Dunn and Michael Norton:

The notion that money can’t buy happiness has been around a long time — even before yoga came into vogue. But it turns out there is a measurable connection between income and happiness; not surprisingly, people with a comfortable living standard are happier than people living in poverty.

The catch is that additional income doesn’t buy us any additional happiness on a typical day once we reach that comfortable standard. The magic number that defines this “comfortable standard” varies across individuals and countries, but in the United States, it seems to fall somewhere around $75,000. Using Gallup data collected from almost half a million Americans, researchers at Princeton found that higher household incomes were associated with better moods on a daily basis — but the beneficial effects of money tapered off entirely after the $75,000 mark.

Why, then, do so many of us bother to work so hard long after we have reached an income level sufficient to make most of us happy? One reason is that our ideas about the relationship between money and happiness are misguided. In research we conducted with a national sample of Americans, people thought that their life satisfaction would double if they made $55,000 instead of $25,000: more than twice as much money, twice as much happiness. But our data showed that people who earned $55,000 were just 9 percent more satisfied than those making $25,000. Nine percent beats zero percent, but it’s still kind of a letdown when you were expecting a 100 percent return.

Interestingly, and usefully, it turns out that what we do with our money plays a far more important role than how much money we make. Imagine three people each win $1 million in the lottery. Suppose one person attempts to buy every single thing he has ever wanted; one puts it all in the bank and uses the money only sparingly, for special occasions; and one gives it all to charity. At the end of the year, they all would report an additional $1 million of income. Many of us would follow the first person’s strategy, but the latter two winners are likely to get the bigger happiness bang for their buck.

We usually think of having more money as allowing us to buy more and more of the stuff we like for ourselves, from bigger houses to fancier cars to better wine to more finely pixilated televisions. But these typical spending tendencies — buying more, and buying for ourselves — are ineffective at turning money into happiness. A decade of research has demonstrated that if you insist on spending money on yourself, you should shift from buying stuff (TVs and cars) to experiences (trips and special evenings out). Our own recent research shows that in addition to buying more experiences, you’re better served in many cases by simply buying less — and buying for others.

Read the entire article, including their discussion of value of “underindulgence.”

Happy Money: The Science of Smarter Spending (Simon & Schuster), co-authored by Elizabeth Dunn and Michael Norton, is due out in the spring of 2013!

Pre-order it on Amazon here.

Related Situationist posts:

Posted in Altruism, Book, Deep Capture, Distribution, Emotions, Illusions, Life, Positive Psychology, Video | Tagged: , | 1 Comment »

Law and Social Cognition – Abstract

Posted by The Situationist Staff on August 10, 2012

Barbara Spellman and Frederick Schauer recently posted their illuminating chapter, “Law and Social Cognition” on SSRN:

The body of research on law and psychology is vast, but the overwhelming proportion of it is on jury decision making, especially in criminal cases. In this chapter for the forthcoming Oxford Handbook on Social Cognition (D. Carlston ed.), we attempt to broaden this research agenda. We survey briefly the existing state of psychological research on jury decision making, but show that, even with respect to factual determinations, the jury is a less important decision maker than most psychologists appear to believe. Thus, further research on factual determination by judges, of which there is some but not much, could substantially enrich our understanding of the psychological dimensions of legal decision making. Moreover, the role of judges in finding, interpreting, and applying the law is itself a task necessarily involving social cognition, and we explain both this connection and how further research on the social cognition dimensions of legal reasoning and legal argument could be highly valuable. Finally, we explain how numerous issues of substantive law – questions of intent, reasonableness, and knowledge, to give just a few examples – are themselves dependent on assumptions about the social and cognitive psychological reasoning of the people affected and governed by the law. There is very little psychology research on such questions, and the agenda of law and psychology could usefully be expanded to include such themes.

Download the chapter for free here.

Related Situationist posts:

Posted in Abstracts, Book, Law, Social Psychology | Tagged: , , , | 2 Comments »

Face Blindness

Posted by The Situationist Staff on August 8, 2012

From CBS News:

Imagine you couldn’t recognize people’s faces, and even your own family looked unfamiliar. Lesley Stahl reports on face blindness, a puzzling neurological disorder.

From CBS News:

This week on “60 Minutes” Lesley Stahl reports on people who are “face blind.” It’s a mysterious and sad condition that keeps sufferers from recognizing or identifying faces — even the faces of close family members, children, or spouses. Many “face blind” people don’t even know they have it.

If you suspect you might be “face blind,” in the above video, you’ll find a test that may provide an answer. We show you a series of pictures of famous people and ask you to figure out who they are.

If you have trouble identifying the faces in our test, we suggest that you check out www.faceblind.org/facetests/ where you can learn about face blindness and take other tests created by Professor Brad Duchaine and his colleagues at Dartmouth College.

Related Situationist posts:

Posted in Evolutionary Psychology, Illusions, Neuroscience, Video | Leave a Comment »

Adult Well Being and Social Connection

Posted by The Situationist Staff on August 5, 2012

From Springer:

Positive social relationships in childhood and adolescence are key to adult well-being, according to Associate Professor Craig Olsson from Deakin University and the Murdoch Children’s Research Institute in Australia, and his colleagues. In contrast, academic achievement appears to have little effect on adult well-being. The exploratory work, looking at the child and adolescent origins of well-being in adulthood, is published online in Springer’s Journal of Happiness Studies.

We know very little about how aspects of childhood and adolescent development, such as academic and social-emotional function, affect adult well-being – defined here as a combination of a sense of coherence, positive coping strategies, social engagement and self-perceived strengths.

Olsson and team analysed data for 804 people followed up for 32 years, who participated in the Dunedin Multidisciplinary Health and Development Study (DMHDS) in New Zealand. They explored the relative importance of early academic and social pathways to adult well-being.

In particular, they measured the relationship between level of family disadvantage in childhood, social connectedness in childhood, language development in childhood, social connectedness in adolescence, academic achievement in adolescence and well-being in adulthood. Social connectedness in childhood is defined by the parent and teacher ratings of the child being liked, not being alone, and the child’s level of confidence. Social connectedness in adolescence is demonstrated by social attachments (parents, peers, school, confidant) and participation in youth groups and sporting clubs.

The researchers found, on the one hand, a strong pathway from child and adolescent social connectedness to adult well-being. This illustrates the enduring significance of positive social relationships over the lifespan to adulthood. On the other hand, the pathway from early language development, through adolescent academic achievement, to adult well-being was weak, which is in line with existing research showing a lack of association between socioeconomic prosperity and happiness.

The analyses also suggest that the social and academic pathways are not intimately related to one another, and may be parallel paths.

The authors conclude: “If these pathways are separate, then positive social development across childhood and adolescence requires investments beyond development of the academic curriculum.”

Related Situationist posts:

Image from Flickr.

Posted in Education, Emotions, Positive Psychology | 1 Comment »

Wegstock 2011

Posted by The Situationist Staff on August 3, 2012

In 2011, a conference honoring Dan Wegner, “Wegstock,” was held at Harvard University.  Videos of the talks are available online here.

Speakers include Dan Gilbert, Susan Fiske, Tim Wilson, Jon Haidt, Henk Aarts, Nick Epley, Bill Swann, Todd Heatherton, Thalia Wheatley, Ap Dijksterhuis, Jon Krosnick, Jerry Clore, Bill Crano, Robin Vallacher, Jamie Pennebaker, Jonathan Schooler and Dan Wegner.

The talks are brief (roughly 15 minutes each) and are well worth watching.  Here’s a sample by Situationist friend Dan Gilbert and Situationist Contributors Susan Fiske and Timothy Wilson.

To review a collection of Situationist posts discussing Dan Wegner’s research, click here.

Posted in Situationist Contributors, Social Psychology, Video | Leave a Comment »

Self-Control and Crime

Posted by The Situationist Staff on August 1, 2012

Rebecca E. Hollander-Blumoff has recently posted her excellent paper, “Crime, Punishment, and the Psychology of Self-Control” (Emory Law Journal, Vol. 61, No. 501, 2012) on SSRN.  Here’s the abstract:

Criminal law rests on the assumption that individuals — most of the time — have free will. They act in ways that they choose to act, exercising control over their own behavior. Despite this central role of free will and self-control in the conceptualization of criminal responsibility, criminal law scholars have not, to date, considered the implications of decades of research in social psychology on the mechanisms of self-control. This article suggests that examining current social psychology research on self-control offers a novel way to amplify our thinking about crime and punishment, helping to make sense of the way that the law has developed, casting doubt on the descriptive validity of legal perspectives on self-control and crime, and offering potential guidance as we think about appropriate levels of culpability and punishment.

Two important broad insights come from examining this psychological research. First, by considering self-control failure at the micro level — in a particular moment of action or inaction — psychological research on self-control helps uncouple self-control questions from broader questions about the existence of free will. The roots of failure to control one’s behavior, important though they may be, are separate from the question of an individual’s ability to do so at a specific time and place. Psychology’s robust findings on the fine-grained aspects of self-control suggest that self-control is a concept with meaning and usefulness for the law, regardless of one’s viewpoint about the existence of free will. Second, taking psychological research on self-control seriously indicates that criminal law may vastly underdescribe the scope of situations in which an individual lacks the ability to control her actions. That is, acts that the law calls “uncontrolled” are a mere subset of the behavior that psychology would call “uncontrolled.” The mismatch between the scope of self-control as described by psychology and criminal law helps to highlight that notions of self-control in the law are inherently constructed by the law itself, rather than reflecting some empirical reality, and that any efforts to define and understand the concept and role of self-control in law as purely positive, rather than normative, are misguided.

Related Situationist posts:

Image from Flickr.

Posted in Abstracts, Law, Morality, Social Psychology | Tagged: , , , , | Leave a Comment »

 
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