Law and Psychology

Law, at its heart, is a human endeavour. It is deeply impacted by the way in which people think, feel, and behave. Accordingly, psychology is a useful framework for understanding many legal issues. In particular, psychology illuminates: the conflicts that inspire legal doctrines; the quirks of lawmaker, juries, and judges; and the challenges that occur when a legal system is imposed on individuals. Indeed, many wrongful convictions in Australia can be understood through psychology, such as mistaken eyewitness memories and the pressures that lead to false confessions. The broader connection between psychology and law was recently highlighted when Richard Thaler won the 2017 Nobel Prize in Economics for his work in this area. We will explore the study and practice of law through the lens of empirically-tested psychological theories. The course begins with an examination of the three major groups involved in a legal action: the parties to the actions, the judges, and the jury. These topics provide a firm theoretical understanding of classic psychological processes (i.e., attitudinal biases, decision-making, and social cognition) as applied to legal concepts. The course builds on this theoretical framework to explore specific areas of law, such as intellectual property and evidence. We end on a practical slant, studying how to use the science of well-being to build a healthy and sustainable law practice.