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10 Critical Analysis L. 1 (2023)

handle is hein.journals/cclaysolw10 and id is 1 raw text is: 






Cognitive Legal Humanities: An

Introduction


Maksymilian Del Mar* & Simon Stern**

Abstract
        Whereas cognitive legal studies has attracted a considerable amount of attention from law
        professors over the past few decades, cognitive legal humanities (CLH) is only starting to
        gain traction. CLH brings together work in the cognitive sciences, the humanities, and law,
        focusing not so much on the prescriptive concerns that often animate research in cognitive
        legal studies, but on ways of enriching that vein of work-and legal scholarship more gen-
        erally-by bringing the methods and materials of the humanities to bear on questions
        involving intention, consciousness, perception, memory, reasoning, attention, and emotion
        in relation to legal issues. In this introduction, we make three points about the importance
        of bringing the humanities into this discussion. First, the humanities can provide a vital
        means of historicizing cognition and its relations to law, while also prompting us to reflect
        on the differences among various ways of historicizing these matters. Second, the human-
        ities offer resources for engaging with the politics of cognition and its relations to law-
        resources that are only rarely on display in fields such as neuroscience and cognitive psy-
        chology, and the legal scholarship that builds on them. Third, the humanities highlight the
        constitutive links among cognition, law, and culture, again in ways that these other fields
        rarely explore. After addressing these points and showing how the articles in this issue en-
        gage with them, we offer a brief summary of each article.

                                             I.
Cognitive legal humanities (CLI)  is an emerging  domain  of interdisciplinary legal scholar-
ship that triangulates three bodies of discourse and research: the cognitive sciences (and, by
extension, philosophy  of mind), the humanities, and  law. It is thus related to, but distinct
from, cognitive legal studies (e.g., see the new Law and Cognitive Sciences series published
by Cambridge   University Press), which does not tend to engage with  the humanities. Cog-
nitive legal studies is of course a most valuable domain of scholarship and nothing we  say
here is intended as a criticism of it. Our case is instead a positive one: a case for what the
humanities  can bring  to the table, enriching the scholarship further. A key question  we
might  then ask is: what do  the humanities add  to cognitive legal studies? Why  and how
might triangulating the three be so valuable?
        Prompted   in part by the wonderful  essays in this issue, we offer three broad and
overlapping  answers to that question: first, the humanities remind us how   crucial it is to
historicize cognition and its relations to law, while also inviting reflection on what is at stake
in adopting a certain way of historicizing; second, the humanities offer us many resources
for engaging with the politics of cognition and its relations to law; and third, the humanities


* Professor of Legal Theory and Legal Humanities, Department of Law, Queen Mary University of London.
**Professor of Law and English, University of Toronto.

ISSN  2291-9732

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