Mis-Concepcion - Why Cognitive Science Proves the Emperors Have No Robes
![handle is hein.journals/brklr79 and id is 113 raw text is: Mis-Concepcion
WHY COGNITIVE SCIENCE PROVES THE
EMPERORS HAVE NO ROBES
John Campbellt
Every judge comes to the bench with personal experiences. If you
assume that your personal experiences define the outcome, you're going
to be a very poor judge, because you're not going to convince anybody of
your views .... We have to know those moments when our personal
bias is seeping in to our decision-making. If we're not, then we're not
being very good judges. We're not being fair and impartial.'
Justice Sonia Sotomayor
[P]eople make choices for reasons unknown to them and they make
up reasonable-sounding justifications for their choices, all the while
remaining unaware of their actual motives and subsequent
rationalizations. 2
Joshua D. Greene
INTRODUCTION
In a blunt article appearing in The New Republic, Judge
Posner criticized Justice Scalia asserting that he is not really a
textual originalist at all, and that instead, he relies on
whatever canon of construction will allow him to support his
conservative views on abortion, states' rights, guns, and other
issues.3 Indirectly, Judge Posner suggested that Scalia is either
unwilling or incapable of engaging in the personal reflection
t Lawyering Process Professor - University of Denver Sturm College of Law.
Thanks to Justice Posner for the inspiration that led to this piece-both for his article
and for his comments to me and other attorneys years ago regarding arbitration.
Thanks to Alicia Campbell and Erich Vieth.
1 Interview by Gwen Ifill with Sonia Sotomayor, Supreme Court Justice, on
PBS NEWSHOUR (Feb. 20, 2013), transcript available at http://www.pbs.org/newshour/
bbllaw/jan-june 13/justice_02-20.html.
2 Joshua D. Greene, The Secret Joke of Kant's Soul, in 3 MORAL
PSYCHOLOGY: THE NEUROSCIENCE OF MORALITY: EMOTION, DISEASE, AND
DEVELOPMENT 35, 36 (Walter Sinnott-Armstrong ed., 2007).
Richard A. Posner, The Incoherence of Antonin Scalia, NEW REPUBLIC
(Aug. 24, 2012), http://www.newrepublic.com/article/magazinefbooks-and-arts/106441/
scalia-garner-reading-the-law-textual-originalism#.
107](ViewImageLocal?handle=hein.journals/brklr79&div=7&collection=&method=preview&ext=.png&size=3)
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Mis-Concepcion - Why Cognitive Science Proves the Emperors Have No Robes
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