Emozioni e teoria del giudizio: una prima ricostruzione

Alessia Farano

Abstract


The paper focuses on the effects of recent psychological findings on the theory of adjudication – putting emphasis on the role played by emotions in the decision-making process. Two different philosophical claims will be analysed, starting from the very famous topos of digestive justice: the idea that the decision-making process is completely predictable (determinism) versus the irrationality of the decision claimed by the realists. In the conclusion a non-naturalistic perspective will be sketched, aiming at including the novel knowledge arising from psychology – i.e. emotions are part of physiological process of decision-making.

Keywords


Law and Emotions; decision-making; digestive justice; Neurolaw

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DOI: http://dx.doi.org/10.15168/2284-4503-535

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ISSN 2284-4503

Editor University of Trento

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