The Situationist

Posts Tagged ‘emotion’

The Situation of Emotion

Posted by The Situationist Staff on April 27, 2012

From by :

Robert Levenson, UC Berkeley Department of Psychology, explores the changes in emotion that occur with age. Much of his research focuses on the nature of human emotion, in terms of its physiological manifestations, variations in emotion associated with age, gender, culture, and pathology, and the role emotion plays in interpersonal interactions.

A sample of related Situationist posts:

Posted in Embodied Cognition, Emotions, Video | Tagged: , , | Comments Off

The Affective Situation of Ethics and Mediation

Posted by The Situationist Staff on May 29, 2010

Ellen Waldman recenly posted her thoughtful article, “Mindfulness, Emotions, and Ethics: The Right Stuff?” (Nevada Law Journal, Vol. 10, No. 2, 2010) on SSRN.  Here’s the abstract.

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What role do emotions play in ethical decision-making? Philosophers have long debated the question, disagreeing about both the nature of “the good” and how best to achieve it. Rationalists ground one’s capacity for virtue in logic and deliberate cognition, while moral intuitionists look to one’s capacity for feeling deeply. Immanuel Kant, for example, maintained that right conduct flowed from a sense of duty that functioned independently of emotion. Conversely, David Hume argued that all right action involved sentiment and that reason, stripped of passion, could not impel ethical choice.

Philosophers are not alone in their fascination with the question. Psychologists also have delved into the relationship between emotion and moral development, creating varying models of maturation that either embrace or reject emotion as a critical component of moral discernment. Today, debates in the “soft sciences” of the mind spill into the “hard sciences” of the body. Interest in the biological bases of emotion invigorates neuroscience, and developments in functional magnetic resonance imagery (fMRI) promise methods for mapping the synaptic pathways that induce affective states. Although we can now detect activity in portions of the brain associated with emotional experience, it remains unclear whether those electrical surges push us in “right” or “wrong” directions.

In the mediation world, scholars and practitioners frequently treat emotion as the unruly step-child of the problem-solving mind. Professor Leonard Riskin characterizes emotion as a potential negotiation saboteur and offers “mindful practice” as a useful corrective. He argues that mindful mediation can help negotiators gain better control over their wandering minds and negative emotions, and achieve more satisfying, interest-based solutions.

This essay celebrates Riskin’s call to arms while suggesting some limits to what mindfulness can achieve in the ethical realm. It examines in more detail the relationship Riskin posits between mindful practice and ethical decision-making. It discusses recent developments in neuroethics that imply a prominent role for emotions in establishing ethical restraint. It also surveys a growing body of evidence that suggests the directive power of our emotions remains largely hidden from and impervious to the control of our “reasoning” selves. Lastly, it examines what Riskin has, in an earlier work, described as the ethical “hard case” in light of recent explorations into the emotional wellsprings of deontological versus consequentialist thinking. Although the mediation community need not wade deeply into the debates currently roiling social psychologists, it is useful to reflect on the genesis of our ethical commitments and whether they continue to serve the field’s long-term goals and interests.

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You can download the article for free, here.  For a sample of related Situationist posts, see “The Situation of Legal Ethics,” “Blind to our Situational Blindness,” “Mood and Moral Judgment,” Law, Psychology & Morality - Abstract,” “Situating Emotion,” “The Motivated Situation of Morality,” and “Moral Psychology Primer.”

Posted in Abstracts, Book, Emotions, Morality, Neuroscience, Social Psychology | Tagged: , , , , , , , , | 1 Comment »

The Situation of Financial Markets

Posted by The Situationist Staff on May 7, 2010

Below the jump you can watch an outstanding and fascinating  video episode, “Mind over Money,” by PBS’s NOVA, that asks the question “Can markets be rational when humans aren’t?” and that includes significant segments describing some of the work by Situationist friend Jennifer Lerner.

(We’ve placed the (52 minute) video after the jump because it plays automatically.)

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Read the rest of this entry »

Posted in Behavioral Economics, Choice Myth, Emotions, Ideology, Neuroeconomics, Neuroscience, Video | Tagged: , , , , , , , , , , , | Leave a Comment »

The Situation of Mortgage Defaults

Posted by The Situationist Staff on November 18, 2009

Brent White recently posted his thoughtful paper, “Underwater and Not Walking Away: Shame, Fear and the Social Management of the Housing Crisis” on SSRN.  Here’s the abstract.

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Despite reports that homeowners are increasingly “walking away” from their mortgages, most homeowners continue to make their payments even when they are significantly underwater. This article suggests that most homeowners choose not to strategically default as a result of two emotional forces: 1) the desire to avoid the shame and guilt of foreclosure; and 2) exaggerated anxiety over foreclosure’s perceived consequences. Moreover, these emotional constraints are actively cultivated by the government and other social control agents in order to encourage homeowners to follow social and moral norms related to the honoring of financial obligations – and to ignore market and legal norms under which strategic default might be both viable and the wisest financial decision. Norms governing homeowner behavior stand in sharp contrast to norms governing lenders, who seek to maximize profits or minimize losses irrespective of concerns of morality or social responsibility. This norm asymmetry leads to distributional inequalities in which individual homeowners shoulder a disproportionate burden from the housing collapse.

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You can download the paper for free here.  For a sample of related Situationist posts, see “Barbara Ehrenreich – a Situationist,” “The Situation of Subprime Mortgage Contracts – Abstract,” “Retroactive Liability for our Financial Woes,” The Situation of Credit Card Regulation,” The Financial Squeeze: Bad Choices or Bad Situations?” “The Situation of the American Middle Class,” “Warren on the Situation of Credit,” “Are Debtors Rational Actors or Situational Characters?,” and “The Situation of College Debt” – Part I, Part II, Part III, and Part IV.

Posted in Abstracts, Distribution, Life, Morality | Tagged: , , , , , , , , , | Leave a Comment »

Brooks on the Situation of Judging

Posted by The Situationist Staff on May 31, 2009

Michigan Law LibraryNew York Times columnnist David Brooks had a nice op-ed, “The Empathy Issue,” picking up some of the themes in the recent op-ed by Situationist Contributors Adam Benforado and Jon Hanson.  Here are some excerpts.

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The American legal system is based on a useful falsehood. It’s based on the falsehood that this is a nation of laws, not men; that in rendering decisions, disembodied, objective judges are able to put aside emotion and unruly passion and issue opinions on the basis of pure reason.

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Supreme Court justices, like all of us, are emotional intuitionists. They begin their decision-making processes with certain models in their heads. These are models of how the world works and should work, which have been idiosyncratically ingrained by genes, culture, education, parents and events. These models shape the way judges perceive the world.

As [Situationist Contributor] Dan Kahan of Yale Law School has pointed out, many disputes come about because two judges look at the same situation and they have different perceptions about what the most consequential facts are. One judge, with one set of internal models, may look at a case and perceive that the humiliation suffered by a 13-year-old girl during a strip search in a school or airport is the most consequential fact of the case. Another judge, with another set of internal models, may perceive that the security of the school or airport is the most consequential fact. People elevate and savor facts that conform to their pre-existing sensitivities.

The decision-making process gets even murkier once the judge has absorbed the disparate facts of a case. When noodling over some issue — whether it’s a legal case, an essay, a math problem or a marketing strategy — people go foraging about for a unifying solution. This is not a hyper-rational, orderly process of the sort a computer might undertake. It’s a meandering, largely unconscious process of trial and error.

The mind tries on different solutions to see if they fit. Ideas and insights bubble up from some hidden layer of intuitions and heuristics. Sometimes you feel yourself getting closer to a conclusion, and sometimes you feel yourself getting farther away. The emotions serve as guidance signals, like from a GPS, as you feel your way toward a solution.

Then — often while you’re in the shower or after a night’s sleep — the answer comes to you. You experience a fantastic rush of pleasure that feels like a million tiny magnets suddenly clicking into alignment.

Now your conclusion is articulate in your consciousness. You can edit it or reject it. You can go out and find precedents and principles to buttress it. But the way you get there was not a cool, rational process. It was complex, unconscious and emotional.

The crucial question in evaluating a potential Supreme Court justice, therefore, is not whether she relies on empathy or emotion, but how she does so. . . .

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To read the entire op-ed, click here.  For some related Situationist posts, see “The News Situation of Judge Sotomayor’s Nomination” and The Situation of Judicial Activism,” which contains links to still more related posts.

Posted in Cultural Cognition, Emotions, Ideology, Situationist Contributors | Tagged: , , , , | Leave a Comment »

The Situation of Lawyers and Practicing Law

Posted by The Situationist Staff on June 24, 2008

The Situationist has examined various implications that social psychology and related fields for law and legal theory. But what about for the practice of law? Martin Seligman, former American Psychological Association president and one of the leaders of the new field of Positive Psychology, examines the relationship between psychology and the practice of law in his fascinating book Authentic Happiness. Here are some relevant excerpts.

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Thirty years ago, the cognitive revolution in psychology overthrew both Freud and the behaviorists, at least in academia. Cognitive scientists demonstrated that thinking can be an object of science, that it is measurable, and most importantly that it is not just a reflection of emotion or behavior. Aaron T. Beck, the leading theorist of cognitive therapy, claimed that emotion is always generated by cognition, not the other way around. The thought of danger causes anxiety, the thought of loss causes sadness, and the thought of trespass causes anger.

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These two opposite views have never been reconciled. The imperialistic Freudian view claims that emotion always drives thought, while the imperialistic cognitive view claims that thought always drives emotion. The evidence, however, is that each drives the other at times. So the question for twenty-first century psychology is this: under what conditions does emotion drive thinking, and under what conditions does thinking drive emotion?

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Our economy is rapidly changing from a money economy to a satisfaction economy. These trends go up and down (when jobs are scarcer, personal satisfaction has a somewhat lesser weight; when jobs are abundant, personal satisfaction counts for more), but the trend for decades is decidedly in favor of personal satisfaction. Law is now the most highly paid profession in America, having surpassed medicine during the 1990s. Yet the major New York law firms now spend more on retention than on recruitment, as their young associates—and even the partners—are leaving law in droves for work that makes them happier. The lure of a lifetime of great riches at the end of several years of grueling eighty-hour weeks as a lowly associate has lost much of its power. The newly minted coin of this realm is life satisfaction.I should be studying by katesheets-flickr

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Law is a prestigious and remunerative profession, and law school classrooms are full of fresh candidates. In a recent poll, however, 52 percent of practicing lawyers described themselves as dissatisfied. Certainly, the problem is not financial. As of 1999, associates (junior lawyers vying to become partners) at top firms can earn up to $200,000 per year just starting out, and lawyers long ago surpassed doctors as the highest-paid professionals. In addition to being disenchanted, lawyers are in remarkably poor mental health. They are at much greater risk than the general population for depression. Researchers at Johns Hopkins University found statistically significant elevations of major depressive disorder in only 3 of 104 occupations surveyed. When adjusted for sociodemographics, lawyers topped the list, suffering from depression at a rate 3.6 times higher than employed persons generally. Lawyers also suffer from alcoholism and illegal drug use at rates far higher than nonlawyers. The divorce rate among lawyers, especially women, also appears to be higher than the divorce rate among other professionals. Thus, by any measure, lawyers embody the paradox of money losing its hold: they are the best-paid profession, and yet they are disproportionately unhappy and unhealthy. And lawyers know it; many are retiring early or leaving the profession altogether.

Positive psychology sees three principal causes of the demoralization among lawyers. The first is pessimism, defined not in the colloquial sense (seeing the glass as half empty) but rather as the pessimistic explanatory style . . . . These pessimists tend to attribute the causes of negative events to stable and global factors (“It’s going to last forever, and it’s going to undermine everything”). The pessimist views bad events as pervasive, permanent, and uncontrollable, while the optimist sees them as local, temporary, and changeable. Pessimism is maladaptive in most endeavors: Pessimistic life insurance agents sell less and drop out sooner than optimistic agents. Pessimistic undergraduates get lower grades, relative to their SAT scores and past academic record, than optimistic students. Pessimistic swimmers have more substandard times and bounce back from poor efforts worse than do optimistic swimmers. Pessimistic pitchers and hitters do worse in close games than optimistic pitchers and hitters. Pessimistic NBA teams lose to the point spread more often than do optimistic tams.

Thus, pessimists are losers on many fronts. But there is one glaring exception: pessimists do better at law. We tested the entire entering class of the Virginia Law School in 1990. . . . These students were then followed throughout the three years of law school. In sharp contrast to results of prior studies in other realms of life, the pessimistic law students on average fared better than their optimistic peers. Specifically, the pessimists outperformed more optimistic students on the traditional measures of achievement, such as grade point averages and law journal success.

Pessimism is seen as a plus among lawyers, because seeing troubles as pervasive and permanent is a component of what the law profession deems prudence. A prudent perspective enables a good lawyer to see every conceivable snare and catastrophe that might occur in any transaction. The ability to anticipate the whole range of problems and betrayals that nonlawyers are blind to is highly adaptive for the practicing lawyer who can, by so doing, help his clients defend against these far-fetched eventualities. And if you don’t have this prudence to begin with, law school will seek to teach it to you. Unfortunately, though, a trait that makes you good at your profession does not always make you a happy human being.

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Lawyers by Wrote - FlickrA second psychological factor that demoralizes lawyers, particularly junior ones, is low decision latitude in high-stress situations. Decision latitude refers to the number of choices one has—or, as it turns out, the choices one believes one has—on the job. An important study of the relationship of job conditions with depression and coronary disease measures both job demands and decision latitude. There is one combination particularly inimical to health and morale: high job demands coupled with low decision latitude. Individuals with these jobs have much more coronary disease and depression than individuals in the other three quadrants.

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The deepest of all the psychological factors making lawyers unhappy is that American law has become increasingly a win-loss game. Barry Schwartz distinguishes practices that have their own internal “goods” as a goal for free-market enterprises focused on profits. Amateur athletics, for instance, is a practice that has virtuosity as its good. Teaching is a practice that has learning as its good. Medicine is a practice that has healing as its good. Friendship is a practice that has intimacy as its good. When these practices brush up against the free market, their internal goods become subordinated to the bottom line. Night baseball sells more tickets, even though you cannot really see the ball at night. Teaching gives way to the academic star system, medicine to managed care, and friendship to what-have-you-done-for-me-lately. American law has similarly migrated from being a practice in which good counsel about justice and fairness was the primary good to being a big business in which billable hours, take-no-prisoners victories, and the bottom line are now the principal ends.

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Lawyers are trained to be aggressive, judgmental, intellectual, analytical and emotionally detached. This produces predictable emotional consequences for the legal practitioner: he or she will be depressed, anxious, and angry a lot of the time.

Posted in Book, Emotions, Law, Life, Positive Psychology, Situationist Sports | Tagged: , , , , , , , , , , , , | 2 Comments »

Victims, ‘Closure,’ and the Sociology of Emotion – Abstract

Posted by The Situationist Staff on April 16, 2008

by Joe Gratz - FlickrSusan Bandes has posted an interesting paper, titled “Victims, ‘Closure’, and the Sociology of Emotion” on SSRN (forthcoming in Law and Contemporary Problems). Here is the abstract.

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The concept of closure, almost unknown two decades ago, has had a meteoric rise. It has been enthusiastically embraced by the legal system not only as a legitimate psychological state, but as one that the criminal justice system ought to help victims and murder survivors to attain. In the death penalty context, the concept of closure has changed the way we talk about the rationale for capital punishment, it has changed the shape of the legal process, and it has even changed what both survivors and jurors in capital cases expect to feel. Yet, as I will illustrate, the term closure in fact connotes several different and poorly differentiated concepts, each with separate and quite serious implications for the conduct of the capital trial. For example, depending on how closure is understood, it might require a chance to give public testimony, an opportunity to meet with the accused, a more expeditious trial, a sentence of death, or an execution. Yet there is inadequate evidence on whether any of these institutional processes or outcomes can actually contribute to a state of closure for survivors.

As current research in disciplines including cognitive neuroscience, sociology, psychology, and political science suggests, emotions are dynamic processes that evolve in a reciprocal relationship with social structures. As the legal system becomes increasingly invested in helping victims and survivors achieve closure, we need to take a hard look at the emotional content of this concept, and at how it affects, and is affected by, the institutional framework in which it operates.

Posted in Emotions, Law | Tagged: , , , , | Leave a Comment »

 
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