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Research Handbook on Law and Psychology
This Research Handbook presents a kaleidoscopic view of law and psychology as a multidisciplinary field of study and explores major themes at the intersection of these two scholarly traditions. Adopting an expansive approach, it examines important topics including theories of justice, morality, and legitimacy; social norms; system justification theory; and the role of emotion within law.
More Information
Critical Acclaim
Contents
More Information
This Research Handbook presents a kaleidoscopic view of law and psychology as a multidisciplinary field of study and explores major themes at the intersection of these two scholarly traditions. Adopting an expansive approach, it examines important topics including theories of justice, morality, and legitimacy; social norms; system justification theory; and the role of emotion within law.
Featuring contributions from a diverse array of expert academics, this Research Handbook showcases a number of sophisticated methodologies including field research, survey work, and novel statistical analyses. It explores not only how psychological research can affect legal doctrine and theory but also how legal doctrine and theory ought to influence psychological research. Individual chapters survey key areas such as jury decision-making, eyewitness testimony, false confessions, juvenile justice, and the role of social science research and standards of proof in the courtroom. Recently developed perspectives on law and psychology are also critically examined, demonstrating how decision-making processes can play a variety of roles in legal contexts.
Thought-provoking, innovative, and authoritative, this Research Handbook will prove indispensable to academics, researchers, and students in law and social and behavioral psychology. Legal practitioners looking to better understand the close relationship between law and psychology, which both take human behavior as their fundamental and core concern, will similarly benefit from this important resource.
Featuring contributions from a diverse array of expert academics, this Research Handbook showcases a number of sophisticated methodologies including field research, survey work, and novel statistical analyses. It explores not only how psychological research can affect legal doctrine and theory but also how legal doctrine and theory ought to influence psychological research. Individual chapters survey key areas such as jury decision-making, eyewitness testimony, false confessions, juvenile justice, and the role of social science research and standards of proof in the courtroom. Recently developed perspectives on law and psychology are also critically examined, demonstrating how decision-making processes can play a variety of roles in legal contexts.
Thought-provoking, innovative, and authoritative, this Research Handbook will prove indispensable to academics, researchers, and students in law and social and behavioral psychology. Legal practitioners looking to better understand the close relationship between law and psychology, which both take human behavior as their fundamental and core concern, will similarly benefit from this important resource.
Critical Acclaim
‘Hollander-Blumoff brings together a stellar cast of scholars working at the forefront of law and psychology scholarship. Her edited volume gives a cogent presentation of the history, theoretical frameworks, and research areas that have informed the field. It is a must read for students, academics and policy makers.’
– Kristina Murphy, Griffith University, Australia
‘The intersection between the fields of law and psychology is steadily growing and crucial to our understanding of human behaviour within legal contexts. This extensive volume offers a state-of-the-art account of the rich scholarship skilfully weaving these disciplines together. The book is a must-read for anyone seeking to fully engage with developments in law and psychology.’
– Naomi Creutzfeldt, Kent Law School, UK
‘The scope of this volume reveals the growing reach of psychology into legal scholarship. Psychology has grown from a focus on traditional topics, such as jury decision-making and eyewitness identification, to newer subjects such as corporate and international law. This volume is a treasure trove of novel methods and sharp insights that psychology has brought to our understanding of law.’
– Jeffrey J. Rachlinski, Cornell Law School, US
‘Rebecca Hollander-Blumoff’s Research Handbook on Law and Psychology has an A-list of contributors both from law and from psychology. The lucidly written chapters harmonize legal precision and scientific rigor. This book clearly demonstrates just how wide-ranging and robust the field of law and psychology has become.’
– John Monahan, University of Virginia School of Law, US
– Kristina Murphy, Griffith University, Australia
‘The intersection between the fields of law and psychology is steadily growing and crucial to our understanding of human behaviour within legal contexts. This extensive volume offers a state-of-the-art account of the rich scholarship skilfully weaving these disciplines together. The book is a must-read for anyone seeking to fully engage with developments in law and psychology.’
– Naomi Creutzfeldt, Kent Law School, UK
‘The scope of this volume reveals the growing reach of psychology into legal scholarship. Psychology has grown from a focus on traditional topics, such as jury decision-making and eyewitness identification, to newer subjects such as corporate and international law. This volume is a treasure trove of novel methods and sharp insights that psychology has brought to our understanding of law.’
– Jeffrey J. Rachlinski, Cornell Law School, US
‘Rebecca Hollander-Blumoff’s Research Handbook on Law and Psychology has an A-list of contributors both from law and from psychology. The lucidly written chapters harmonize legal precision and scientific rigor. This book clearly demonstrates just how wide-ranging and robust the field of law and psychology has become.’
– John Monahan, University of Virginia School of Law, US
Contents
Contents:
1 Law and psychology: an introduction 1
Rebecca Hollander-Blumoff
PART I FRAMEWORKS, THEMES, AND THEORIES
2 Through a lens brightly: a glimpse into the history of law-psychology
through its textbooks 17
Brian H. Bornstein
3 The legitimacy of legal institutions 34
Tom R. Tyler
4 Small world behavioral law and economics 49
Gregory Mitchell
5 Law and emotion 64
Terry A. Maroney
6 A system justification perspective on law, human behavior, and society 83
Daniela Goya-Tocchetto, Rebecca Ponce de Leon and John T. Jost
PART II PSYCHOLOGY AND LEGAL PROCEDURE
7 Trial by jury: psychological research contributions to an enduring legal
institution 108
Mikaela Spruill and Valerie P. Hans
8 Jury selection and race 122
Catherine M. Grosso and Barbara O’Brien
9 Who cares about evidence scholarship (and why psychologists should)? 136
Justin Sevier
10 Standards of proof: theories and evidence 152
Robert J. MacCoun
11 The brain in court: from neuroscience “revolution” to neurotech upgrade? 169
Amanda Pustilnik
PART III THE PSYCHOLOGY OF CRIMINAL LAW, CRIMINAL
PROCEDURE, CRIMINAL TRIALS, AND CRIMINAL
BEHAVIOR
12 The psychological causes of criminal confessions 183
Stephanie Madon, Kyle Scherr and Ryan Ditchfield
13 Eyewitness testimony: the perilous effects of contamination and social
influence 199
Jennifer E. Dysart
14 Expanding conceptualizations of youths’ juvenile legal decision making 215
Emily Haney-Caron and Lili Ramos
15 The psychology of arson 229
Nichola Tyler and Theresa Gannon
PART IV PSYCHOLOGY AND LEGAL DOCTRINE
16 What we know and don’t know about the psychology of tort law 245
Jennifer K. Robbennolt and Valerie P. Hans
17 Psychologically hazardous real estate transactions: the land installment
contract 261
Stephanie M. Stern
18 Corporate law and psychology 277
Donald C. Langevoort
19 The psychology of health law 291
Kenworthey Bilz and Qiaoyuan Zhi
20 Environmental law and psychology 306
Arden Rowell, Kenworthey Bilz and Howard Jyun-Syun Li
PART V PSYCHOLOGY AND SOCIETY
21 Expressive law and social norms 328
Janice Nadler
22 Legitimacy, relational norms and reciprocity 343
Ben Bradford and Jonathan Jackson
23 Judicial behavioral realism about implicit bias 361
Jerry Kang
24 How people attend to race: implications for legal judgments of video
evidence 378
Yael Granot and JingYan Xu
25 Overcoming identity-based hierarchies: understanding psychological
barriers and motivating social justice through intergroup contact 393
Rachel D. Godsil, Kim Forde-Mazrui and Linda R. Tropp
PART VI THE PSYCHOLOGY OF LAWYERS AND LAWYERING
26 The psychology of lawyers in litigation and negotiation 418
Jean Sternlight
27 The social psychological study of access to justice 433
Victor Quintanilla
PART VII THE GLOBAL REACH OF LAW AND PSYCHOLOGY
28 Psychology and justice in Taiwan: the emerging focus on miscarriages
of justice 451
Yee-San Teoh and Kai-Ping Su
29 The behavioral turn in international legal scholarship 462
Eva Leora van der Zee
1 Law and psychology: an introduction 1
Rebecca Hollander-Blumoff
PART I FRAMEWORKS, THEMES, AND THEORIES
2 Through a lens brightly: a glimpse into the history of law-psychology
through its textbooks 17
Brian H. Bornstein
3 The legitimacy of legal institutions 34
Tom R. Tyler
4 Small world behavioral law and economics 49
Gregory Mitchell
5 Law and emotion 64
Terry A. Maroney
6 A system justification perspective on law, human behavior, and society 83
Daniela Goya-Tocchetto, Rebecca Ponce de Leon and John T. Jost
PART II PSYCHOLOGY AND LEGAL PROCEDURE
7 Trial by jury: psychological research contributions to an enduring legal
institution 108
Mikaela Spruill and Valerie P. Hans
8 Jury selection and race 122
Catherine M. Grosso and Barbara O’Brien
9 Who cares about evidence scholarship (and why psychologists should)? 136
Justin Sevier
10 Standards of proof: theories and evidence 152
Robert J. MacCoun
11 The brain in court: from neuroscience “revolution” to neurotech upgrade? 169
Amanda Pustilnik
PART III THE PSYCHOLOGY OF CRIMINAL LAW, CRIMINAL
PROCEDURE, CRIMINAL TRIALS, AND CRIMINAL
BEHAVIOR
12 The psychological causes of criminal confessions 183
Stephanie Madon, Kyle Scherr and Ryan Ditchfield
13 Eyewitness testimony: the perilous effects of contamination and social
influence 199
Jennifer E. Dysart
14 Expanding conceptualizations of youths’ juvenile legal decision making 215
Emily Haney-Caron and Lili Ramos
15 The psychology of arson 229
Nichola Tyler and Theresa Gannon
PART IV PSYCHOLOGY AND LEGAL DOCTRINE
16 What we know and don’t know about the psychology of tort law 245
Jennifer K. Robbennolt and Valerie P. Hans
17 Psychologically hazardous real estate transactions: the land installment
contract 261
Stephanie M. Stern
18 Corporate law and psychology 277
Donald C. Langevoort
19 The psychology of health law 291
Kenworthey Bilz and Qiaoyuan Zhi
20 Environmental law and psychology 306
Arden Rowell, Kenworthey Bilz and Howard Jyun-Syun Li
PART V PSYCHOLOGY AND SOCIETY
21 Expressive law and social norms 328
Janice Nadler
22 Legitimacy, relational norms and reciprocity 343
Ben Bradford and Jonathan Jackson
23 Judicial behavioral realism about implicit bias 361
Jerry Kang
24 How people attend to race: implications for legal judgments of video
evidence 378
Yael Granot and JingYan Xu
25 Overcoming identity-based hierarchies: understanding psychological
barriers and motivating social justice through intergroup contact 393
Rachel D. Godsil, Kim Forde-Mazrui and Linda R. Tropp
PART VI THE PSYCHOLOGY OF LAWYERS AND LAWYERING
26 The psychology of lawyers in litigation and negotiation 418
Jean Sternlight
27 The social psychological study of access to justice 433
Victor Quintanilla
PART VII THE GLOBAL REACH OF LAW AND PSYCHOLOGY
28 Psychology and justice in Taiwan: the emerging focus on miscarriages
of justice 451
Yee-San Teoh and Kai-Ping Su
29 The behavioral turn in international legal scholarship 462
Eva Leora van der Zee
