Four Decades of the Journal \u3ci\u3eLaw and Human Behavior\u3c/i\u3e: A Content Analysis

Although still relatively young, the journal Law and Human Behavior (LHB) has amassed a publication history of more than 1300 full-length articles over four decades. Yet, no systematic analysis of the journal has been done until now. The current research coded all full-length articles to examine trends over time, predictors of the number of Google Scholar citations, and predictors of whether an article was cited by a court case. The predictors of interest included article organization, research topics, areas of law, areas of psychology, first-author gender, first-author country of institutional affiliation, and samples employed. Results revealed a vast and varied field that has shown marked diversification over the years. First authors have consistently become more diversified in both gender and country of institutional affiliation. Overall, the most common research topics were jury/judicial decision-making and eyewitness/memory, the most common legal connections were to criminal law and mental health law, and the most common psychology connection was to social-cognitive psychology. Research in psychology and law has the potential to impact both academic researchers and the legal system. Articles published in LHB appear to accomplish both

Designing anti-stalking legislation on the basis of victims experiences and psychopathology

Wording differs substantially between the various legislation with regard to what behaviours constitute stalking. Some legislation comprehensively describes which behaviours are punishable, whilst other legislation uses only broad terms. Differences also exist with regard to the number of occasions and the intent of the perpetrator necessary to constitute stalking. Moreover, legislative provisions usually require the victim to experience negative effects of the offender's behaviour, or require that a reasonable person would be likely to experience such negative effects in the same situation. This article discusses whether these legislative components for the definition of stalking are problematic or not. Past studies and a study among 234 victims in The Netherlands are discussed to illustrate difficulties in legislative provisions dealing with stalking. It is argued that legislation should refrain from descriptions of specific behaviours and negative effects for victims in the definition of what constitutes stalking and that it is advisable for provisions to adhere to a “reasonable-person-test”

Love actually : law and the moral psychology of forgiveness

Love is the basis for a moral psychology of forgiveness. I argue for an account of love based on Roy Bhaskar's conception of its five circles, and of the ethical nature of human beings as concrete universals/singulars. Linking this to work of ‘The Forgiveness Project’, I argue that forgiveness can be understood metaphysically in terms of its relation to love of self, of the other, of the relation of self and other, of self, other and the wider community, and of self and other in their ontological depth as unique individuals. Forgiveness involves both a ‘giving to’ and a ‘giving up’, and this can lead to a profound sense of identity between a victim and a perpetrator. Forgiveness is different for each person; it may draw upon a public/legal setting as a proxy for universal judgement; and it confronts social-structural and political elements which may block its development

Applying Suggestibility Research to the Real World: The Case of Repeated Questions

One can discern two parallel trends in the law and the psychology of child witnesses. In the law, appellate courts are beginning to stem the once powerful movement to increase the acceptance of children\u27s testimony and the admissibility of children\u27s out-of-court statements. Lyon analyzes particular strands of each trend

Foreword

The collection of articles in this Special Issue is based on an international conference on Advances in the Behavioral Analysis of Law: Markets, Institutions, and Contracts that took place on December 8, 2009 at the University of Haifa Faculty of Law in Israel. The conference addressed cuttingedge legal issues at the intersection of law, economics, and psychology from a diverse set of viewpoints, bringing together scholars engaged in both theoretical and experimental behavioral analyses of law

The “I belong in the LLB” program: Animation and promoting law student well-being

This article argues that the growing body of empirical evidence on law students’ high levels of psychological distress creates an imperative for curricular and extra-curricular strategies to address this issue. We highlight recent initiatives at QUT Law School designed to support law student well-being that are informed by insights from positive psychology. In particular, we explain our use of animation, which is an engaging medium to promote students’ appreciation of the importance of psychological well-being in law school and beyond

Facilitating Meaningful Change Within U.S. Law Schools

Despite the widely recognized challenges and complaints facing U.S. legal education, very little is understood about how law schools can adapt faster and better. This Article uses institutional theory, behavioral economics, and psychology to explain why change has proven so difficult for U.S. law schools. Next, using institutional entrepreneurship, the Article explains the theoretical steps necessary to overcome the institutional resistance to change. The Article then discusses the characteristics of opportunities that are most likely to better meet the needs of law students while also providing sustainable benefits to the individually innovating law schools. Using management theory, the Article then proposes a seven-step change process model to enable individual law schools to systematically overcome institutional resistance, formulate unique strategies, and actually achieve meaningful change

Conspiracy Theory

Over one-quarter of all federal criminal prosecutions and a large number of state cases involve prosecutions for conspiracy. Yet, the major scholarly articles and the bulk of prominent jurists have roundly condemned the doctrine. This Article offers a functional justification for the legal prohibition against conspiracy, centering on psychological and economic accounts. Advances in psychology over the past thirty years have demonstrated that groups cultivate a special social identity. This identity often encourages risky behavior, leads individuals to behave against their self-interest, solidifies loyalty, and facilitates harm against non-members. So, too, economists have developed sophisticated explanations for why firms promote efficiency, leading to new theories in corporate law. These insights can be reverse-engineered to make conspiracies operate less efficiently. In reverse-engineering corporate-law principles and introducing lessons from psychology, a rich account of how government should approach conspiracy begins to unfold. In particular, law enforcement strives to prevent conspiracies from forming by imposing high up-front penalties for joiners but uses mechanisms to harvest information from those who have joined and decide to cooperate with the government. Traditional conspiracy doctrines such as Pinkerton liability and the exclusion from merger not only further cooperation agreements, they also make conspiracies more difficult to create and maintain by forcing them to adopt bundles of inefficient practices. The possibility of defection forces the syndicate to use expensive monitoring of its employees for evidence of possible collusion with the government. Mechanisms for defection also break down trust within the group and prime members to think that others are acting out of self-interest. The Article concludes by offering a variety of refinements to conspiracy law that will help destabilize trust within the conspiracy, cue the defection of conspirators, and permit law enforcement to extract more information from them