bepress Legal Repository

Second Thoughts

Gregory Mitchell, University of Virginia School of Law

Article comments

Forthcoming: McGeorge Law Review

Abstract

Biases in judgment and decision-making often arise at the level of first-order thoughts. If these initial thoughts are not overridden by second-order thoughts, they may lead to biased outputs. Current psychological models of legal actors assume that individuals are largely incapable of overcoming these first-order biasing thoughts and that these thoughts consequently lead to irrational and discriminatory behaviors. These models ignore considerable evidence that individuals often naturally engage in self-correction and that situational pressures often encourage self-correction. I discuss the conditions under which selfcorrection may occur and the possibilities and limits for the law in promoting selfcorrection to overcome biased judgments, decisions, and behavior.

Subject Area

Law and Economics, Public Law and Legal Theory

Recommended Citation

Gregory Mitchell, "Second Thoughts" (February 2009). University of Virginia Legal Working Paper Series. University of Virginia Public Law and Legal Theory Working Paper Series. Working Paper 113.
http://law.bepress.com/uvalwps/uva_publiclaw/art113

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