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Cognitive communication and the law: a model for systemic risks and systemic interventions.

Joseph A Wszalek¹

¹Neuroscience and Public Policy Program, Department of Communication Sciences and Disorders, University of Wisconsin, Madison, WI 53706, USA.

Journal of Law and the Biosciences

|May 7, 2021

Summary

The law creates communication barriers because it views communication as transactional. This study introduces a systemic analysis model to understand and reduce these legal communication burdens for individuals.

Keywords:

cognitive communication law neuroethics neurolaw neuropsychology

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Area of Science:

Legal Studies
Communication Theory
Cognitive Science

Background:

Legal systems often create significant communication barriers.
Current legal frameworks lack mechanisms to address systemic communication burdens imposed by the law itself.
The law's transactional view of communication hinders understanding of its broader impact.

Purpose of the Study:

To present a model for systemic analysis of communication within legal contexts.
To identify how legal structures impose communication burdens.
To propose interventions for improving legal communication outcomes.

Main Methods:

Operationalizing cognitive-communication resources for legal contexts.
Applying a systemic model to analyze legal communication pressures.
Predicting intervention outcomes for communication burden reduction.

Main Results:

The law's framework treats communication as atomized, failing to recognize systemic burdens.
Legal elements exert pressure on cognitive resources essential for communication.
A systemic analysis framework can identify and address these burdens.

Conclusions:

A systemic approach is needed to understand and mitigate legal communication burdens.
Interventions based on this model can improve outcomes, especially for vulnerable populations.
Reconceptualizing legal communication can reduce its imposed burdens.