Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Cognitive Encapsulation: Thinking Inside the Box

BY David A. Martindale
February 27, 2013

The repetitive, successful use of a particular method for tackling tasks significantly increases the likelihood that the method will be employed in approaching the next task. It is known, for example, that certain types of puzzles that stump most adults are more easily solved by children. To those who value education, a causal analysis of this dynamic may create some discomfort: Education, especially in specialized areas, channels our thought processes. We learn to eliminate from consideration problem-solving techniques that, in the past, have not borne fruit. In other words, our problem-solving successes are attributable, in large part, to the fact that education and experience teach us how to differentiate the important from the unimportant. We learn to think within the confines of a cognitive box. As a result, strategies that have produced success in the past are likely to lead to failure when that which, in the past, was unimportant, turns out, in today's context, to be quite important.

Escaping the Cognitive Box

The cognitive box from which most forensic psychologists must extricate themselves, unless they have already done so, is the one that has been created by education, training, and experience in clinical psychology. Depending upon what sources we utilize when we search for definitions, we will encounter somewhat different lists of the key elements of clinical psychology. Dictionary.com defines clinical psychology, concisely, as “the branch of psychology dealing with the diagnosis and treatment of personality and behavioral disorders.” Those who wrote the entry that is found at Wikipedia were somewhat more verbose, but they emphasized “the study and application of psychology for the purpose of understanding, preventing, and relieving psychologically based distress or dysfunction and to promote subjective well-being and personal development.”

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models Image

Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.

Hyperlinked Documents: The Latest e-Discovery Challenge Image

As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.

Identifying Your Practice's Differentiator Image

How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.

Risks and Ad Fraud Protection In Digital Advertising Image

The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.

Turning Business Development Plans Into Reality Image

This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.