Cognitive psychologists have identified a phenomenon they call the “negativity bias,” in which humans seem to remember and be affected by negative information more strongly than by positive information. What are the implications of this bias for legal writers? Should they focus on negative themes (describing the opposing side as bad) instead of positive ones (describing their clients as good and worthy)? More specifically, do trial judges fall prey to the negativity bias?
Professor Chestek’s empirical test included 162 judges. He found that appealing to the negativity bias was generally a successful strategy.
You can access his article here. Fear and Loathing in Persuasive Writing: An Empirical Study of the Effects of the Negativity Bias, 14 Legal Communications & Rhetoric (2017).
