- Docente: Silvia Zullo
- Credits: 7
- SSD: IUS/20
- Language: Italian
- Moduli: Silvia Zullo (Modulo 1) Silvia Zullo (Modulo 2)
- Teaching Mode: Traditional lectures (Modulo 1) Traditional lectures (Modulo 2)
- Campus: Bologna
- Corso: Single cycle degree programme (LMCU) in Law (cod. 9232)
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from Sep 17, 2024 to Oct 24, 2024
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from Nov 05, 2024 to Dec 05, 2024
Learning outcomes
On completing the course, students will have an understanding of (a) the main theories in cognitive psychology that are relevant to the legal phenomenon, with an emphasis on the concepts and processes involved in categorization, and (b) the peculiarities that legal concepts reveal in light of experimental data and of relevant theories and abstract concepts; (c) students will also be able to find their way about the literature in experimental psychology as it pertains to the study of law and of legal phenomena; (d) they will gain an understanding of the cognitive foundations of institutional structures from an evolutionary as well as an evolutional perspective; (e) they will have learned to recognize the cognitive “pressure points” that can strategically be exploited in exercising institutional and extra-institutional power, and will be able to approach these problems critically; and (f) they will be able to recognize the use of the rationalist decision-making model in the legal process, problematizing that model in light of the awareness they will have gained of the cognitive biases and errors that can skew that process.
Course contents
Contemporary research in cognitive science are increasingly showing how human decision-making is based on limited mental capacities subject to biases and cognitive errors that undermine the rationalist model of decision-making in the legal reasoning, based on the idea on the idea of a rational decision-maker fully equipped to make all the right decisions in any problem situation.
Moreover, the current debate on neuroscience and law has highlighted how neuroscientific findings have implications for legal and judicial reasoning. They can have an impact on the redefinition of the most directly involved legal institutions (insanity defense, dangerousness, offense assessment, evidence by witness.). The goal is to explore the effects of neuroscientific discoveries on legal proceedings and legal rules and standards. In addition, neurotechnology’s developments and the use of artificial intelligence to enhance neurotechnological tools hold profound implications for human being, and they can be used to manipulate us. Especially when they have access to our brain, they have the potential to undermine people’s individual choices, freedom, personality and privacy.In this regard, some scholars argue that the introduction of new human rights, so-called neurorights, is necessary.
Ultimately, the theory of behavioral economics and of libertarian paternalism argue that public decisions and policies can be organized by attempting to direct individuals’ choices towards the realization of goals that are important to them without restricting freedom of choice. This research is showing that our decision-making can be manipulated by doctoring its context, creating cognitive illusions.
This course will discuss these findings, showing their impact and consequences for our conception of law and the organization of public policy.
The course is divided into three main parts:
1) we will first analyse the structure of legal institutions and the cognitive mechanisms that allow their existence; the structure of decision-making in the legal sphere and the cognitive limits to which it is subject.
2) we will then analyse the applications of neuroscience in the legal field and the implications for legal and judicial reasoning. The related topic of neurorights will be addressed.
3) From a legal and philosophical-political perspective, some theories of manipulation will be analysed. We will consider some ways in which our legal reasoning can be manipulated, both by institutions (pursuing aims that are at least partly positive) and by private entities and individuals seeking to maximize profit.
Readings/Bibliography
Attending students:
1) M. Tomasello, Storia naturale della morale umana, Milano, Raffaello Cortina Editore, 2016. (Selection of chapters)
2) R. Rumiati, C. Bona, G. Canzio, Dalla testimonianza alla sentenza. Il giudizio tra mente e cervello, Bologna, Il Mulino, 2019. (Selection of chapters)
3) N. Farahany, Difendere il nostro cervello, Torino, Bollati Boringieri, 2024. (Selection of chapters)
4) Readings discussed in class and and available on the course's website on Virtuale.
Non-attending students:
1) M. Tomasello, Storia naturale della morale umana, Milano, Raffaello Cortina Editore, 2016.
2) R. Rumiati, C. Bona, G. Canzio, Dalla testimonianza alla sentenza. Il giudizio tra mente e cervello, Bologna, Il Mulino, 2019.
3) N. Farahany, Difendere il nostro cervello, Torino, Bollati Boringieri, 2024.
4) Readings discussed in class and available on the course's website on Virtuale.
Teaching methods
The course will be given in presence and during the second semester. it consists of twenty-four lessons, two hours each, for an overall forty-eight hours. The course is divided into three modules: the first is devoted to the cognitive foundations of legal institutions and the cognitive-psychological aspects of legal reasoning; the second is devoted to the effects of neuroscientific discoveries on legal proceedings and legal rules and standards and to the debate on neurorights; the third is devoted to regulation by way of cognitive manipulation, nudge, cognitive manipulation in the private sector.
In each lesson, a topic will be introduced and the issues around it framed by way of questions put to students in real-time surveys that will then be used to broach an open discussion in which students are encouraged to provide their input. The objective is in the first place to sharpen students’ ability to appreciate the cognitive limits inherent in legal reasoning so as to reduce their impact. Students will also learn to recognize (a) the cognitive structures which underpin institutional phenomena and on which legal power can be understood to ultimately rest, and (b) the ways in which power can be used to manipulative effect, something the jurist will increasingly have to become aware of and grapple with.
Assessment methods
There will be an oral final exam consisting in a discussion of three arguments, one of which focused on the cognitive structure of legal institutions, one connected with the cognitive features of legal reasoning, and finally one related with the strategies of cognitive manipulation. The aim of the final exam is both to ascertain the knowledge acquired by the student and to evaluate the degree of the student's "response" to the course learning objectives, in particular as regards the students' critical skills.
Graduation of the final grade
Preparation on a very limited number of topics; analytical skills emerging only with the help of the teacher; overall correct language → 18-19.
Preparation on a limited number of topics; limited analytical skills; correct language → 20-24.
Preparation on a large number of topics; analytical skills above average; mastery of specific terminology →25-29.
Exhaustive preparation; analytical skills above average; full mastery of specific terminology; autonomous argumentation skills → 30-30L.
Teaching tools
These include slides summarizing the main course topics, software to annotate texts and slides directly on screen, software (Rationale) to explain the structure of some theoretical problems, software (Kahoot) to make tests in a competitive gameplay framework, software to make pools online during classes to improve the discussion.
All the information relative to the course, as well as any supplemental course material, will also be available online on the course's website (Virtuale).
Office hours
See the website of Silvia Zullo
SDGs


This teaching activity contributes to the achievement of the Sustainable Development Goals of the UN 2030 Agenda.