The chapter develops a socio-cognitive perspective on law, showing how legal systems can no longer be understood solely within the boundaries of doctrinal autonomy or cultural determinism. Law must be analyzed as a biosocial and cognitive construct, deeply embedded in both evolutionary and cultural dynamics. The discussion begins with a reflection on interdisciplinarity, stressing the risks of academic compartmentalization and the loss of innovation, while advocating for hybridization across natural and social sciences. Law is interpreted as a “super-meme,” an evolutionary-cultural device that functions analogously to morality or religion, providing high-level regulation of social interactions. Concepts such as bounded rationality, procedural justice, cognitive biases, and neurocognitive mechanisms reveal that legal behavior is not purely normative or cultural, but is constrained by biological and mental structures. Issues such as free will, responsibility, and the cognitive load imposed by administrative systems illustrate how legal institutions both reflect and shape human cognitive capacities. Far from proposing a deterministic or reductionist model, the socio-cognitive approach emphasizes methodological pluralism. It argues that cognitive dimensions should be integrated with cultural, social, and political factors, thereby enriching legal theory without collapsing it into biology or psychology. Law, in this perspective, is seen as a pseudo-moral regulatory framework rooted in evolved human dispositions, but capable of innovation and cultural transformation. Ultimately, the socio-cognitive paradigm suggests that more responsive legal systems should take into account citizens’ cognitive well-being, minimize excessive informational burdens, and design institutions that respect the interplay between biological predispositions and cultural learning. This interdisciplinary outlook provides not only a conceptual framework but also practical guidance for shaping law in complex, cognitively diverse societies.

错误:搜索内容不能为空,请输入英文关键词
错误:关键词超出字数限制,请精简
高级检索

A Socio-Cognitive Perspective on Law

  • Luigi Cominelli,
  • Claudio Lucchiari

摘要

The chapter develops a socio-cognitive perspective on law, showing how legal systems can no longer be understood solely within the boundaries of doctrinal autonomy or cultural determinism. Law must be analyzed as a biosocial and cognitive construct, deeply embedded in both evolutionary and cultural dynamics. The discussion begins with a reflection on interdisciplinarity, stressing the risks of academic compartmentalization and the loss of innovation, while advocating for hybridization across natural and social sciences. Law is interpreted as a “super-meme,” an evolutionary-cultural device that functions analogously to morality or religion, providing high-level regulation of social interactions. Concepts such as bounded rationality, procedural justice, cognitive biases, and neurocognitive mechanisms reveal that legal behavior is not purely normative or cultural, but is constrained by biological and mental structures. Issues such as free will, responsibility, and the cognitive load imposed by administrative systems illustrate how legal institutions both reflect and shape human cognitive capacities. Far from proposing a deterministic or reductionist model, the socio-cognitive approach emphasizes methodological pluralism. It argues that cognitive dimensions should be integrated with cultural, social, and political factors, thereby enriching legal theory without collapsing it into biology or psychology. Law, in this perspective, is seen as a pseudo-moral regulatory framework rooted in evolved human dispositions, but capable of innovation and cultural transformation. Ultimately, the socio-cognitive paradigm suggests that more responsive legal systems should take into account citizens’ cognitive well-being, minimize excessive informational burdens, and design institutions that respect the interplay between biological predispositions and cultural learning. This interdisciplinary outlook provides not only a conceptual framework but also practical guidance for shaping law in complex, cognitively diverse societies.