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54 Wake Forest L. Rev. 1001 (2019)
Fire and Ice: Reframing Emotion and Cognition in the Law

handle is hein.journals/wflr54 and id is 1033 raw text is: 





      FIRE AND ICE: REFRAMING EMOTION AND
                 COGNITION IN THE LAW


                       Steven I. Friedland*


        Recent advances in neuroscience have shown that
    cognition and emotion often work interdependently, operating
    as if emerging from a single faucet. This means that the
    stereotypes of a divided Ice cold cognition and hot fire
    emotion are overly simplistic and inaccurate. The outdated
    but influential Langdellian1 approach to law, lawyering, and
    legal education still places cognitive legal reasoning as the
    centerpiece. Instead, the existing conceptualization should be
    revised so that positive emotion is expressly accepted, used,
    and managed within legal systems.2 Students and lawyers
    should be taught how to successfully feel and act like lawyers,
    as well as to think like them.

                       TABLE OF CONTENTS
1.    INTRODU CTION ....................................................................... 1003
II.   BACKGROUND   ......................................................................... 1005
      A. Langdellian Tradition-the Uncoupling of Cognition and
          E m otion  .......................................................................... 1005
      B. The Brain, Cognition, and Emotion .............................. 1010
          1. Th e Brain Generally  ................................................. 1011
          2. C og nition  ................................................................... 10 14
          3. E m otion  ..................................................................... 10 17
          4. Interdependence Day Emotive Cognition ......... 1020
             a. Question #1: Sweet Dessert ............................... 1021
             b. Question #2: Snakes .......................................... 1021
             c. Question #3: Driving Home .............................. 1021
III.  THE INTERDEPENDENCE OF EMOTION AND COGNITION IN LAW,
      LAWYERING, AND LEGAL EDUCATION .................................... 1022

    * Professor of Law and Senior Scholar, Elon University School of Law. The
author wishes to thank Lisa Watson, law librarian, for her highly valuable and
consistent contributions to the research of this Article.
    1. Christopher Columbus Langdell's CASES ON CONTRACTS was the first
teaching casebook in law or any other field. Bruce A. Kimball, Langdell on
Contracts and Legal Reasoning: Correcting the Holmesian Caricature, 25 LAw &
HIST. REV. 345, 348 (2007).
    2. The revision should recognize and accommodate the disruptions to law,
lawyering, and legal education.


1001

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