Home -> Law Blog Directory -> Academic Blogs -> Legal Theory Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Academic
: Legal Theory BlogO'Neill on Mirror Neurons & the Law
By Lawrence Solum
-
V.S. Ramachandran has written that we are in the midst of a new revolution of scientific thought: the neuroscience revolution. Since 1995, a group of scientists have studied what they refer to as "mirror neurons," certain nerve cells in the brain that enable a person to see the world from another person's perspective. These scientists believe that mirror neurons may provide a neurobiological explanation for precisely how humans empathize.
This Essay first applies this insight to the role of empathy in judging. The concept of mirror neurons shows that the issue is not whether empathy has a role in judging, but rather how significant a role empathy actually plays. In reaching judicial decisions, "reason" and "emotion" complement, rather than oppose, one another. As Jonah Lehrer has stated, "Reason without emotion is impotent." Mirror neurons provide a tool for beginning a more sophisticated discussion of the nature of judging.
The Essay then turns to how mirror neurons can aid in understanding the decision-making of juries. It considers a closing argument technique called "channeling," in which the lawyer pretends to actually be the victim in the case who is describing his personal pain and suffering. Mirror neurons suggest that the profound effect this technique can have on jurors may be less rhetorical than it is neurobiological. The Essay posits that the role played by mirror neurons may indeed suggest a scientific basis for Plato's argument in "The Republic" that all imitative poets should be banned from the city.
The Essay concludes by encouraging legal theorists to consider the role neuroscience can play in legal reform.
Full post as published by Legal Theory Blog on September 06, 2010 (boomark / email).

Aidan O'Neill on the Italian crucifix case
Daily Mirror, Sunday Mirror Settle Suit With British TV Anchor Over Libel Claims







