We hear a lot recently about ‘embodied cognition’. In brief, this refers to the idea that the way in which we think is tied metaphorically to the body. For example, we give someone the ‘cold shoulder’ or we see something as a ‘heavy topic’. Here are a couple of historical and powerful examples:

Pontius Pilate is famous for being the man to sentence Jesus Christ to death by crucifixion. Although he was ambivalent (thinking Jesus was innocent), he gave in to the demanding mob. And after he did that, he washed his hands and said he was innocent of the decision—Jesus’ blood would be on the hands of the insistent mob.

Lady Macbeth could never wash away her guilt over having murdered the King and his two bodyguards. Although she incessantly scrubbed her hands, she was obsessed with the sense that they were still covered in the blood of her victims.

It is strange to think that such old stories would find expression in current day research. But just like the light bulb is the universal symbol of bright ideas so hand washing has deep meaning even thousands of years down the road. Researchers are demonstrating this innate bodily reaction to emotion verbs affect our judgments. Hand washing, long associated with absolving the mind of guilt, can also erase our doubts about everyday choices.

When we make decisions, we look for ways to justify them. And oddly enough, if we can “wash our hands of it” after making choices, we feel better about our choice and feel less of a need to justify it to anyone. “It’s not just that washing your hands contributes to moral cleanliness as well as physical cleanliness, as seen in earlier research” said Lee, a doctoral candidate in social psychology. “Our studies show that washing also reduces the influence of past behaviors and decisions that have no moral implications whatsoever.”

Interesting perhaps. Even amusing. But how can you use this in litigation? Read the study information linked above and see how researchers used hand washing.

• Let’s say your witness is wracked with guilt even though the data doesn’t support wrong-doing. It may sound odd, but consider incorporating hand washing into your preparation session.
• Wondering if your case theme is the best one you could have chosen and this uncertainly is keeping you from moving forward? Consider the reasons you have chosen this particular theme and then wash your hands. Move forward.

There are undoubtedly many ways these findings can be used. When behavior has been used for thousands of years to help us move on and provide absolution—there is likely something to it.

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