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Cognition of the Law : Toward a Cognitive Sociology of Law and Behavior / by Luigi Cominelli

Publisher (Cham : Springer International Publishing : Imprint: Springer)
Year 2018
Edition 1st ed. 2018.
Authors *Cominelli, Luigi author
SpringerLink (Online service)

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OB00170926 Springer Law and Criminology eBooks (電子ブック) 9783319893488

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Material Type E-Book
Media type 機械可読データファイル
Size XII, 198 p : online resource
Notes 1 The Social Subject as a Legal Actor -- 2 The Psychic Subject as a Legal Actor -- 3 Nature, Evolution, and Law -- 4 Cognition and the Law -- 5 Conclusion
This book’s basic hypothesis – which it proposes to test with a cognitive-sociological approach – is that legal behavior, like every form of human behavior, is directed and framed by biosocial constraints that are neither entirely genetic nor exclusively cultural. As such, from a sociological perspective the law can be seen as a super-meme, that is, as a biosocial constraint that develops only in complex societies. This super-meme theory, by highlighting a fundamental distinction between defensive and assertive biases, might explain the false contradiction between law as a static and historical phenomenon, and law as a dynamic and promotional element. Socio-legal scholars today have to face the challenge of pursuing a truly interdisciplinary approach, connecting all the fields that can contribute to building a modern theory of normative behavior and social action. Understanding and framing concepts such as rationality, emotion, or justice can help to overcome the significant divide between micro and macro sociological knowledge. Social scientists who are interested in the law must be able to master the epistemological discourses of different disciplines, and to produce fruitful syntheses and bridge-operations so as to understand the legal phenomenon from each different point of view. The book adopts four perspectives: sociological, psychological, biological-evolutionary and cognitive. All of them have the potential to be mutually integrated, and constitute that general social science that provides common ground for exchange. The goal is to arrive at a broad and integrated view of the socio-legal phenomenon, paving the way for a comprehensive theory of norm-oriented and norm-perceived actions
HTTP:URL=https://doi.org/10.1007/978-3-319-89348-8
Subjects LCSH:Law—Philosophy
LCSH:Law—History
LCSH:Psychobiology
LCSH:Human behavior
LCSH:Psychology
LCSH:Sociology
LCSH:Neurosciences
LCSH:Knowledge, Theory of
FREE:Theories of Law, Philosophy of Law, Legal History
FREE:Behavioral Neuroscience
FREE:Behavioral Sciences and Psychology
FREE:Sociology
FREE:Neuroscience
FREE:Epistemology
Classification LCC:K201-487
LCC:K140-165
DC23:340.1
ID 8000022892
ISBN 9783319893488

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