Law and Psychology: A Movement Whose Time Has Come
![handle is hein.journals/annam1994 and id is 657 raw text is: LAW AND PSYCHOLOGY: A MOVEMENT
WHOSE TIME HAS COME
MARK . SATIN
INTRODUTION
Psychological insights are reshaping the legal profession in
myriad areas. Psychologically informed consultants are restructur-
ing the behavior of law firms.' Lawyers are introducing evidence of
rape trauma syndrome into the courtroom.2 Legal scholars are us-
ing psychological insights to acquire a deeper understanding of an-
titrust law.3 Some Alternative Dispute Resolution (ADR7)
practitioners are claiming that ADR manifests a different, and gen-
erally more beneficial, psychology than the one typified by
litigation.4
Despite the increase in the importance and visibility of the psy-
chological component of law, scholars have not yet attempted to
describe the Law and Psychology movement as a whole or to envi-
sion its possible future.5 That is the purpose of this Note.
As the limitations of the Law and Economics and Critical Legal
Studies movements are becoming evident,6 the foundation for a
new movement, a Law and Psychology movement, is being put
Submitted for publication on March 21, 1994.
Mark I. Satin is a staff member of Annual Survey of American Law. He would
like to thank David C. Yamada, Professor, Suffolk University School of Law, for-
merly Co-Coordinator of the First-Year Lawyering Program at New York University
School of Law, for his helpful comments and questions throughout this projecL
1. See infra Part I.B.
2. See infra Part I.B.
3. See infra Part III.
4. See infra Part IV.D.
5. The most ambitious attempt so far is surely Law and Psychology. The
Broadening of the Discipline (James R. P. Ogloff ed., 1992). But even that book
focuses solely on the topics discussed in Parts II, I1, and IVA of this Note. More-
over, it does not attempt an integrative treatment of those topics. The most com-
prehensive law review article is Mark A. Small, Legal Psychology and Therapeutic
Jurisprudence, 37 St. Louis U. UJ. 675 (1993). Small is Associate Editor of Ameri-
can Psychology-Law Society News. For a thoughtful, provocative, and even moving
attempt to explain why Law and Psychology practitioners have yet to articulate an
overarching vision, see Craig Haney, Psychology and Legal Change: The Impact
of a Decade, 17 Law & Hum. Behav. 371 (1993).
6. See Lewis D. Solomon, Humanistic Economics: A New Model for the Cor-
porate Constituency Debate, 59 U. Gin. L. Rev. 321, 321-38 (1990) [hereinafter
Solomon, Humanistic Economics] (criticizing the limitations of the Law and Eco-
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Law and Psychology: A Movement Whose Time Has Come
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