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Cognition of the Law - Toward a Cognitive Sociology of Law and Behavior (Hardcover, 1st ed. 2018)
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Cognition of the Law - Toward a Cognitive Sociology of Law and Behavior (Hardcover, 1st ed. 2018)
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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.
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