What is (and was) a person? Evidence on historical mind perceptions from natural language.

An important philosophical tradition identifies persons as those entities that have minds, such that mind perception is a window into person perception. Psychological research has found that human perceptions of mind consist of at least two distinct dimensions: agency (e.g. planning, deciding) and experience (e.g. feeling, hungering). Taking this insight into the semantic space of natural language, we develop a generalizable, scalable computational-linguistics method for measuring variation in perceived agency and experience in large archives of plain-text documents. The resulting text-based rankings of entities along these dimensions correspond to human judgments of perceived agency and experience assessed in blind surveys. We then map both dimensions of mind in historical English-language corpora over the last 200 years and identify two salient trends. First, we find that while women are now described as having similar levels of agency as men, they are still described as more experience-oriented. Second, we find that domesticated animals have gained higher attributions of experience (but not agency) relative to wild animals, especially since the rise of the global animal rights movement in the 1980s.

Do Obligations Follow the Mind or Body?

Do you persist as the same person over time because you keep the same mind or because you keep the same body? Philosophers have long investigated this question of personal identity with thought experiments. Cognitive scientists have joined this tradition by assessing lay intuitions about those cases. Much of this work has focused on judgments of identity continuity. But identity also has practical significance: obligations are tagged to one's identity over time. Understanding how someone persists as the same person over time could provide insight into how and why moral and legal obligations persist. In this paper, we investigate judgments of obligations in hypothetical cases where a person's mind and body diverge (e.g., brain transplant cases). We find a striking pattern of results: In assigning obligations in these identity test cases, people are divided among three groups: "body-followers," "mind-followers," and "splitters"-people who say that the obligation is split between the mind and the body. Across studies, responses are predicted by a variety of factors, including mind/body dualism, essentialism, education, and professional training. When we give this task to professional lawyers, accountants, and bankers, we find they are more inclined to rely on bodily continuity in tracking obligations. These findings reveal not only the heterogeneity of intuitions about identity but how these intuitions relate to the legal standing of an individual's obligations.

Coordination and expertise foster legal textualism.

A cross-cultural survey experiment revealed a dominant tendency to rely on a rule's letter over its spirit when deciding which behaviors violate the rule. This tendency varied markedly across (k = 15) countries, owing to variation in the impact of moral appraisals on judgments of rule violation. Compared with laypeople, legal experts were more inclined to disregard their moral evaluations of the acts altogether and consequently exhibited stronger textualist tendencies. Finally, we evaluated a plausible mechanism for the emergence of textualism: in a two-player coordination game, incentives to coordinate in the absence of communication reinforced participants' adherence to rules' literal meaning. Together, these studies (total n = 5,794) help clarify the origins and allure of textualism, especially in the law. Within heterogeneous communities in which members diverge in their moral appraisals involving a rule's purpose, the rule's literal meaning provides a clear focal point-an identifiable point of agreement enabling coordinated interpretation among citizens, lawmakers, and judges.

Are There Cross-Cultural Legal Principles? Modal Reasoning Uncovers Procedural Constraints on Law.

Despite pervasive variation in the content of laws, legal theorists and anthropologists have argued that laws share certain abstract features and even speculated that law may be a human universal. In the present report, we evaluate this thesis through an experiment administered in 11 different countries. Are there cross-cultural principles of law? In a between-subjects design, participants (N = 3,054) were asked whether there could be laws that violate certain procedural principles (e.g., laws applied retrospectively or unintelligible laws), and also whether there are any such laws. Confirming our preregistered prediction, people reported that such laws cannot exist, but also (paradoxically) that there are such laws. These results document cross-culturally and -linguistically robust beliefs about the concept of law which defy people's grasp of how legal systems function in practice.

When Does Physician Use of AI Increase Liability?

An increasing number of automated and artificial intelligence (AI) systems make medical treatment recommendations, including personalized recommendations, which can deviate from standard care. Legal scholars argue that following such nonstandard treatment recommendations will increase liability in medical malpractice, undermining the use of potentially beneficial medical AI.  However, such liability depends in part on lay judgments by jurors: when physicians use AI systems, in which circumstances would jurors hold physicians liable? Methods: To determine potential jurors' judgments of liability, we conducted an online experimental study of a nationally representative sample of 2,000 U.S. adults. Each participant read 1 of 4 scenarios in which an AI system provides a treatment recommendation to a physician. The scenarios varied the AI recommendation (standard or nonstandard care) and the physician's decision (to accept or reject that recommendation). Subsequently, the physician's decision caused harm. Participants then assessed the physician's liability. Results: Our results indicate that physicians who receive advice from an AI system to provide standard care can reduce the risk of liability by accepting, rather than rejecting, that advice, all else being equal. However, when an AI system recommends nonstandard care, there is no similar shielding effect of rejecting that advice and so providing standard care. Conclusion: The tort law system is unlikely to undermine the use of AI precision medicine tools and may even encourage the use of these tools.

Normative Judgments and Individual Essence.

A growing body of research has examined how people judge the persistence of identity over time-that is, how they decide that a particular individual is the same entity from one time to the next. While a great deal of progress has been made in understanding the types of features that people typically consider when making such judgments, to date, existing work has not explored how these judgments may be shaped by normative considerations. The present studies demonstrate that normative beliefs do appear to play an important role in people's beliefs about persistence. Specifically, people are more likely to judge that the identity of a given entity (e.g., a hypothetical nation) remains the same when its features improve (e.g., the nation becomes more egalitarian) than when its features deteriorate (e.g., the nation becomes more discriminatory). Study 1 provides a basic demonstration of this effect. Study 2 shows that this effect is moderated by individual differences in normative beliefs. Study 3 examines the underlying mechanism, which is the belief that, in general, various entities are essentially good. Study 4 directly manipulates beliefs about essence to show that the positivity bias regarding essences is causally responsible for the effect.