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Cognitive Biases in Legal Thinking
Zaklaiová, Vanda ; Žák Krzyžanková, Katarzyna (advisor) ; Maršálek, Pavel (referee)
Cognitive Biases in Legal Thinking Abstract This diploma thesis addresses the phenomenon of cognitive biases in legal thinking, i.e., it connects the latest findings in psychology and behavioural economics with various areas of law. It aims to introduce selected illusions of mind to the reader, especially those most significantly affecting not only judges, forensic experts or attorneys, but also legislators and policy-makers, as well as general public when they come into contact with law. The thesis also presents ways of eliminating the negative influence of biases on law and justice (to the extent possible), and even suggests appropriate use of them for the benefit of the society as a whole. The thesis is therefore a review study, mostly based on the analysis of dozens of empirical studies, which on one hand informs the readers about the errors resulting from the cognitive biases, and on the other hand encourages application of the proposed methods of eliminating the negative impact of errors in readers' own legal practice - or at least encourages them to take the analysed biases into account. The introduction briefly explains why lawyers should take the latest findings in the field of cognitive and behavioural sciences into account. Furthermore, it explains what heuristics and cognitive biases are, and...
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Psychological Aspects affecting Judges ' Desicion making with a Focus on Civil Procedure
Olšovská, Sarah ; Kosek, Jan (advisor) ; Friedel, Tomáš (referee)
Psychological Aspects Affecting Judges' Decision Making with a Focus on Civil Procedure The diploma thesis examines the impact of cognitive biases as psychological aspects influencing judicial decision-making and their implications for justice in the legal system. The thesis delves into the intersection of psychology and law, with the central idea being the hypothesis that a judge cannot be just or impartial if his or her decision-making is contaminated by cognitive biases. The focus is on the dissection of the legal conditions that a candidate for judicial office must meet in order to be appointed to that office since the selection of a suitable judge is critical to the fulfilment of the right to a fair trial. The thesis highlights the demandingness of holding the judgeship itself. Then examines the legal and procedural principles that guide judicial decision- making, explaining and emphasizing the importance of understanding the role of the judge in the judicial process. The diploma thesis then dives into the field of cognitive psychology and presents a Kahneman- Frederick model (dual system) dividing the human mind into System 1 and System 2, through which the cognitive biases influencing judicial decision-making can be explained. They are often rooted in intuition, which leads to the...
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