Decision-making in the legal domain: the neurolaw perspective

This study investigated the neurophysiological correlates underlying the normative judgment of professionals in the legal field and in other professional contexts during the performance of daily work activities with high decision-making impact. A sample of 20 experienced professionals (10 in the legal and 10 in the non-legal field) were asked to fill in a diary of their activities during two different days indicating for each activity the level of intensity perceived in terms of decision-making (from low to high decision-making impact). Meanwhile, their neurophysiological correlates were collected with an electroencephalographic wearable device. Results highlighted a greater activity of delta and theta band in the temporoparietal region during the performance of activities with a high decision-making impact on their jobs. For the legal professionals, compared to others, an increase in theta activity in the temporo-parietal region and alpha in the antero-frontal region was found, suggesting greater involvement of emotional and attentional processes during activities involving moral and normative judgment. This evidence could be considered as the first neurophysiological markers of the decision-making and reasoning process of the legal operators involved in the legal processes.