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Legal
Reasoning and Cognitive Science.
Topics and Perspectives
edit
by Marco Brigaglia, Corrado Roversi
DIRITTO & QUESTIONI
PUBBLICHE | RECOGNISE
Special Publication / August, 2023
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© 2023, Diritto e questioni pubbliche, Palermo
©
2023, Recognise www.recognise.academy
issn 1825-0173
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This publication was realized within the frame of the
project Recognise-Legal Reasoning and Cognitive Science,
co-funded by the Erasmus+ Programme of the European Union
under the number 2020-1-IT02-KA203-079834.
The European Commission’s support for the production of
this publication does not constitute an endorsement of the
contents, which reflect the views only of the authors, and
the Commission cannot be held responsible for any use
which may be made of the information contained therein.
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•
contents
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Marco Brigaglia,
Corrado Roversi
Introduction
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PART I.
On the Naturalization of Law and Legal Theory |
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Francesca
Poggi, Francesco Ferraro
Ancestors:
Early Empirical Approaches to the Analysis of Legal
Concepts
in Modern Legal Theory
Bruno Celano
Legal
Reasoning, Particularism. In Defense of a Psychologistic
Approach
Kevin Tobia
Experimental
Jurisprudence
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PART II.
Cognitive-oriented Perspectives on Law and Legal
Reasoning |
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P.N.
Johnson-Laird, Monica Bucciarelli
Causation,
the Law, and Mental Models
Michele Ubertone, Anna Borghi,
Caterina Villani, Luisa Lugli
Embodied Cognition and Legal Concepts
Marek Jakubiec
Metaphorical
Simulation and Legal Reasoning
Bartosz Brożek
A New Perspective
on Law’s Rationality: An Experimental Essay
Łukasz Kurek
Mindreading
in Law
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PART III.
The Nature of Law and Normative Phenomena |
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Philippe
Rochat, Nikita Agarwal
Origins of
Human Normativity
Corrado Roversi
The Cognitive
Foundations of Legal Institutions
Jaap Hage
The
Nature of Law and Constructivist Facts |
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PART IV.
Legal reasoning and Cognitive Biases
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Niek
Strohmaier, Sofia de Jong
Moral
Character Judgments and Motivated Cognition
in Legal Reasoning
Przemysław Pałka,
Piotr Bystranowski, Bartosz Janik,
Maciej Próchnicki
When “a
Citizen” Becomes Little Mary J.
The Abstract-Concrete Effects in Legal Reasoning, and the
Rule of Law
Enide Maegherman
Tunnel Vision
in Decisions on Guilt: Preventing Wrongful Convictions
Noam Gur
Legal Rules as a
Bias-Counteracting Device |
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PART V.
Law and Emotions
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Miha
Hafner
Emotion in
Criminal Law
Kristina Čufar
Prescriptive
Descriptions: Reason-Emotion Binary
through Feminist Critique
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PART VI.
Defeasibility and Legal Cognition
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Manuel
Atienza
Defeasibility and
Balancing
Rafael Buzón
Defeasibility and
Practical Errors
Daniel González
Lagier
Intuitionism, Practical Reasoning and Defeasibility
Josep Aguiló-Regla
Presumptions, Legal Argumentation, and Defeasibility
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PART VII.
Issues on Legal Evidence
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Bartłomiej
Kucharzyk
Psychological
Issues in Evaluation of Legal Evidence
Barbara A. Spellman,
Adele Quigley-McBride
Reasoning
about Forensic Science Evidence
Michele Ubertone
The Division of
Cognitive Labour in Law
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PART
VIII.
Law, Legal Reasoning and Artificial Intelligence
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Antonia
Waltermann
The Dual
Challenge from AI and the Cognitive Sciences for Law
and Legal (Reasoning) Practices
Susana Navas
LegalTech
in the Light of the Upcoming Artificial Intelligence Act
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contributors
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