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Lecture 4

PSYC 248 Lecture 4: CogSci

15 Pages

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PSYC 248
G Dell

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The scientific study of the effect the law has on people and the effect people have on the law. Legal Formalism: Dominant in the 19 and early 20 centuries. It advocates mechanical jurisprudence. (simply apply the rule to the case) This school of thought believes that the law is selfcontained and autonomous, and implies that judges are interchangeable. (Langdell) law is a science and all the available materials of that science and are contained in printed books. What qualifies a person to teach law is not experience in dealing with men, or experience in trial or argument, but the experience of law. Legal Realism: was a full movement around 1930 . This school of thought that law is the behavior of all legal actors whose decisions are based and influenced by personal experiences and biases. Law is intended to promote social welfare. To accomplish his goal of social wefare the legal system must examine social reality, you have to have good knowledge for how society and human behavior function. Psychology and Law Today: Successes: expert testimony, Jury and Trial consultants, amicus briefs. Citations of research by courts and scholars. Testimony before congress. Research collaborations with judges and courts. Challenges: Psychology: progress and change. Empirical, demands scientific evidence. Uses scientific method as its authority. Experimentation; Descriptive (describes the state of the world) Nomothetic: Probability Law: precedent. (grounded in) Authoritative; authority from higher courts above up to constitution being the highest authority. Adversarial process: Prescriptive (what you should do, tries to create a particular state of the world) Idiographic: Certainty: The US Govt: Legislative branch: creates laws Executive: implements and creates law Judicial Branch: Interprets and creates law. Hierarchy of Laws: US Constitution Federal Statutes and Treaties (all the laws that congress writes~federal statute) Federal Administrative Agency Rules Common Law from Federal Courts Sate constitutions State Statutes
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