Situationism is premised on the social scientific insight that the naïve psychology—that is, the highly simplified, affirming, and widely held model for understanding human thinking and behavior—on which our laws and institutions are based is largely wrong. Situationists (including critical realists, behavioral realists, and related neo-realists) seek first to establish a view of the human animal that is as realistic as possible before turning to legal theory or policy. To do so, situationists rely on the insights of scientific disciplines devoted to understanding how humans make sense of their world—including social psychology, social cognition, cognitive neuroscience, and related disciplines—and the practices of institutions devoted to understanding, predicting, and influencing people’s conduct—particularly market practices. Jon Hanson & David Yosifon, The Situation: An Introduction to the Situational Character, Critical Realism, Power Economics, and Deep Capture, 152 U. Pa. L. Rev. 129, 149–77 (2003).
Situationism has been applied to such topics as power economics, natural disasters, obesity, commerical speech and junk-food advertising, Supreme Court dynamics, racial injustice, affirmative action, race and rape, employment discrimination, employee adherence to workplace rules, legitimization of war, inside counsel, corporate law, and player autonomy in the National Basketball Association, among other topics.
For more on situationism, visit The Project on Law and Mind Sciences‘s website.