The Influence of Cognitive Distortions on the Administration of Justice in Civil and Economic Cases

Abstract

Subjects of evidentiary activity when assessing evidence in civil and economic disputes, like any person, are faced with certain biases (distortions). One of these biases is cognitive distortions. Purpose of the work: based on the analysis of doctrinal sources in the field of psychology and law, to identify what distortions the subjects of procedural relations encounter and how they influence the legal decision made. Brief conclusions. The author identified the following ten cognitive distortions that influence the decisions made by participants in the process: “confirmation bias”, “extreme decision aversion”, “black and white thinking”, “projective distortion”, “framing”, “priming effect”, “anchor heuristic”, “planning fallacy”, “availability heuristic”, “hindsight”. Accordingly, when assessing evidence and exercising procedural rights, you should analyze your actions and the activities of other entities for the impact of the indicated distortions on them. This will lead to improvement of the procedure for adopting a legal and justified judicial act.