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1.
Proc Natl Acad Sci U S A ; 119(44): e2206531119, 2022 11.
Article in English | MEDLINE | ID: mdl-36282920

ABSTRACT

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.


Subject(s)
Judgment , Morals , Humans
2.
Cogn Sci ; 45(8): e13024, 2021 08.
Article in English | MEDLINE | ID: mdl-34379347

ABSTRACT

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.


Subject(s)
Cross-Cultural Comparison , Humans , Retrospective Studies
4.
Cogn Sci ; 41 Suppl 3: 382-402, 2017 Apr.
Article in English | MEDLINE | ID: mdl-26988653

ABSTRACT

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.


Subject(s)
Culture , Judgment , Adult , Female , Humans , Individuality , Male
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