B8956 - Law and Neuroscience

Learning outcomes

At the end of the course, the student understands the main psychological-cognitive theories relevant to the study of legal phenomena and the peculiarities of legal concepts in light of experimental data. The student is able to navigate the theoretical debate on the relationship between neuroscience and law and comprehends the implications of cognitive and behavioral neuroscience on both legal institutions and the epistemological foundations of legal thought. Additionally, the student is familiar with case law regarding the use of neuroscience in legal proceedings, can identify cognitive "weak points" influenced by institutional and non-institutional power strategies, and adopts a critical approach to these issues. Furthermore, the student is able to challenge the rationalist model of decision-making in the legal field, informed by an understanding of cognitive biases and errors that may affect the decision-making process.

Course contents

Cognitive and behavioral sciences increasingly demonstrate that human decision-making relies on limited mental capacities and is subject to biases, illusions, and cognitive errors, thus challenging the rationalist model of legal decision-making, which is based on the idea of a rational agent capable of making the right decisions in any context. This has led to the emergence of the concept of the nudge and nudging practices as non-coercive tools of governance designed to “exploit” individuals’ errors — such as reasoning flaws, judgment mistakes, or weaknesses of will — to guide them toward better decisions.

Moreover, the current debate on neuroscience and the law, case law on the use of neuroscience in trials, and the development of neurotechnologies have highlighted how new scientific knowledge may impact the redefinition of legal institutions that are most directly involved (e.g., freedom, responsibility, causality, culpability) across various areas of the legal system. This has clear implications for how legal reasoning is described and for the ongoing debate on judicial error. In recent years, proposals have also emerged advocating for the introduction of a new category of rights to address specific challenges posed by the use of neurotechnologies.

The course addresses these topics and is divided into three main parts:

1. An analysis of the structure of legal institutions and the cognitive mechanisms that enable their functioning; the structure of decision-making in the legal field; and the cognitive limitations to which it is subject.

2. A focus on the applications of neuroscience in the legal domain, including key legal cases in this field; implications for legal reasoning; and the regulation of neurotechnologies, with a discussion of different perspectives on the introduction of so-called neuro-rights.

3. An exploration of the relationship between nudging and the law, and the legal translatability of nudging practices in both the public and private spheres.

 

Readings/Bibliography

Attending students:

1) D. Kahnemann, Pensieri lenti e veloci, Milano, Mondadori, 2017; M. Galletti, S. Vida, Libertà vigilata. Una critica del paternalismo libertario, Roma, IF Press, 2018 (Selection of chapters in agreement with Prof. Silvia Zullo).

2) R. Rumiati, C. Bona, G. Canzio, Dalla testimonianza alla sentenza. Il giudizio tra mente e cervello, Bologna, il Mulino, 2019 (Selection of chapters in agreement with Prof. Silvia Zullo); A. Forza, R. Rumiati, L’errore invisibile. Dalle indagini alla sentenza, il Mulino, 2025 (Selection of chapters in agreement with Prof. Silvia Zullo).

3) N. Farahany, Difendere il nostro cervello, Torino, Bollati Boringieri, 2024 (Selection of chapters in agreement with Prof. Silvia Zullo).

4) Readings discussed in class and available on the course's website on Virtuale.

 

Non-attending students:

1) D. Kahnemann, Pensieri lenti e veloci, Milano, Mondadori, 2017.M. Galletti, S. Vida, Libertà vigilata. Una critica del paternalismo libertario, Roma, IF Press, 2018 (Selection of chapters in agreement with Prof. Silvia Zullo).

2) R. Rumiati, C. Bona, G. Canzio, Dalla testimonianza alla sentenza. Il giudizio tra mente e cervello, Bologna, Il Mulino, 2019; A. Forza, R. Rumiati, L’errore invisibile. Dalle indagini alla sentenza, il Mulino, 2025.

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.

5) Chapters (selected in agreement with the teacher) taken from:

- J. Haidt, Menti tribali, Codice edizioni, 2014.

-D. Dennett, G. Caruso, A ognuno quel che si merita. Sul libero arbitrio, Raffaello Cortina, 2022.

 

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.

Two in-depth seminar lectures are scheduled—one in October and one in early November—with the participation of scholars focusing on the following topics: agents, actions, and causality.

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).

 

Students with learning disorders and/or temporary or permanent disabilities: please contact the office responsible (https://site.unibo.it/studenti-con-disabilita-e-dsa/en/for-students) as soon as possible so that they can propose acceptable adjustments. The request for adaptation must be submitted in advance (15 days before the exam date) to the lecturer, who will assess the appropriateness of the adjustments, taking into account the teaching objectives.

Office hours

See the website of Silvia Zullo