Abstract
Abstract The image of international legal decision-makers emerging from socio-cognitive studies is significantly different from the prevalent view among diverse actors operating in this field. The socio-cognitive perspective of international law underlines that sensory objects are not ‘objectives’ or self-evident, and that their internalization in legal decision-makers’ minds always involves intermediating mental processes. The increasing awareness of the constraining influence of default socio-cognitive systems on individuals tends to diminish the significance of human agency in real-life social situations. On the theoretical level, the latter tendency in socio-cognitive literature supports a shift towards the structural pole of the agency–structure continuum. Equipped with insights drawn from socio-cognitive and sociological theoretical literatures, the last section of this chapter focuses on international criminal law, emphasizing its intensified multi-cognitive character and the significant effects of socio-mental patterns on defendants and additional actors (such as adjudicators and prosecutorial staff).
Published Version
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