4.5 Article

From moral to legal judgment: the influence of normative context in lawyers and other academics

Journal

SOCIAL COGNITIVE AND AFFECTIVE NEUROSCIENCE
Volume 6, Issue 1, Pages 48-57

Publisher

OXFORD UNIV PRESS
DOI: 10.1093/scan/nsq010

Keywords

legal decision-making; moral decision-making; neurolaw; fMRI; prefrontal cortex; neuroethics

Funding

  1. Volkswagen Foundation, Germany [AZ: II/80 777]
  2. BMBF (German Ministery of Education and Research) [AZ 01GP0804]

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Various kinds of normative judgments are an integral part of everyday life. We extended the scrutiny of social cognitive neuroscience into the domain of legal decisions, investigating two groups, lawyers and other academics, during moral and legal decision-making. While we found activation of brain areas comprising the so-called 'moral brain' in both conditions, there was stronger activation in the left dorsolateral prefrontal cortex and middle temporal gyrus particularly when subjects made legal decisions, suggesting that these were made in respect to more explicit rules and demanded more complex semantic processing. Comparing both groups, our data show that behaviorally lawyers conceived themselves as emotionally less involved during normative decision-making in general. A group x condition interaction in the dorsal anterior cingulate cortex suggests a modulation of normative decision-making by attention based on subjects' normative expertise.

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