THE DARK SIDE OF THE FORCE: SUPERSTITION AND/AS LAW

Abstract

What is the relationship between the law [and lawyers] and superstition, in its most common sense such as black cats, mirrors, ladders, specific numbers, objects or persons which are supposed to bring bad [or, sometimes, good] luck? Some reasons of interest are both intrinsic and historical. The western legal tradition is based on logical propositions with a rational foundation, which clearly is in contrast with superstitious beliefs which are, in their essence, non-rational. There are therefore many reasons to suggest that law is completely removed from superstition, and the two notions appear to be incompatible one with another. The paper points out that this is not altogether true: modern societies often use law and legislation in order to cast away evil social spells. Lawyers use scientific theories in a totally un-scientific and superstitious way. The judicial procedure is fraught with rituals and non-rational beliefs. At the same time superstition’s survival is due to the fact that it has its own very precise rules and may be reconstructed as a legal system of its own. The paper concludes with an analysis of the effects of limited rationality in individual choices having legal consequences, as recently investigated by behavioural economics and neurosciences.