Insight into social psychology is relevant for the understanding of how the law works in courtrooms, how people perceive the law as a legal system, and how officials function in several legal contexts, such as in the areas of legal decision making, law making, and law enforcement. In other words, social psychology is needed to understand how the law works (or law in action). Furthermore, in part because both social psychology and law share an emphasis on behavioural regulation, notions about how the law should work (or law in the books) can also profit from an understanding of basic principles of social psychology. Importantly, insights into the social psychology of law are not merely an application of basic social psychological principles in legal contexts. Rather, studying social psychology and the law often provides insights that may well feed into basic social psychological research. Thus, both law and social psychology can learn from each other. In this blog I reflect on the two-way street between law and social psychology.
If there is one issue that, as a human rights scholar, has puzzled me for years it is the continued popularity of the UN 1948 Universal Declaration of Human Rights (UDHR). Permanently referring back to the UDHR, it seems to me, is like continuing to use an old Nokia when the Iphone X has just come out. Legally, we have come so far since that first non-binding Declaration stating 30 rights and the underlying principles. A Declaration, not a Treaty. An act of engagement, but not the actual marriage contract – as our colleague Fried van Hoof liked to put it. Ever since 1948, we’ve carefully and painstakingly constructed a whole architecture of binding treaties, monitoring bodies, special rapporteurs, and regional courts. Why do we continue to dig beneath all of that to draw attention to the foundation of human rights instead of simply focusing on the whole shiny construction? Continue reading