In Terms Of Social Emotional Cognition And Transition Of Legal System

We are human beings with emotions first of all. Emotion affects our cognition, judgment, thought, and then acts on our choices and actions. Howbeit the emotion doesn't reach the acme of perfection. Excessive emotion makes us suffer unspeakably, so it needs the harmony of ration. Emotion is a kind of cognition of our brain, according to the contemporary social cognitive neuroscience, cognitive process can be divided into emotional, efficiency, fair, as three processes. The three together constitute the whole process of our thought, so we can better understand ourselves, our society as well as our life. The emotion plays an important role in our life and the transition of the legal system. It is the emotion that promotes the change of legal system. But under the influence of rationalism, law maximizes the pursuit of justice, constantly excluding emotion from legislation and ignoring the importance of emotion in the legal system.From the discussion of emotion, this thesis summarizes the importance of emotion in legal system, analyzes the progress of transition of legal system which affected by emotional cognition, from both theories and cases. The emotional cognition will acquire independent strength while it forms, also decides the transition of legal system. In the process of institutional change, the emotion and the legal system will often conflict, leading to social instability. We all hope to build a harmonious social order, but how? This needs cooperation between aesthetic emotion, the fair rules and efficiency. Fairness is the dominant, a reflection of the fairness is a rule of law, making the society more calm and steady. Aesthetic emotion makes personal life more wonderful, society more harmonious. Efficiency is the driving force of personal and social improvement, therefore, humans keep making progress. In other words, the law should deal adequately with emotion. The long-neglected emotion in the legal system should be given due attention.This paper is divided into six parts, the introduction is an overview of the research. The second part gives an explanation and demonstration of why I take the emotion as the beginning of the discussion. The third part explains the importance of emotion in our legal system. The fourth part teases theories of emotional cognitive. The fifth part mainly through the example, analyzes how the emotion cognition influences the transition of the legal system. The sixth part analyzes the clash between the development of emotion and the legal system, a suggestion of how to structure a harmony society also been gave. We expect everyone to be in aesthetic and progressive life.