Navegando por Autor "Dolinina, Kristina"
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Artigo Científico Are There Cross-Cultural Legal Principles? Modal Reasoning Uncovers Procedural Constraints on Law(2021) Tobia, Kevin P.; GUILHERME DA FRANCA COUTO FERNANDES DE ALMEIDA; Donelson, Raff; Dranseika, Vilius; Kneer, Markus; Strohmaier, Niek; Bystranowski, Piotr; Dolinina, Kristina; Janik, Bartosz; Keo, Sothie; Lauraityt, Egle; Liefgreen, Alice; Próchnicki, Maciej; Rosas, Alejandro; Hannikainen, Ivar R.Despite pervasive variation in the content of laws, legal theorists and anthropologists have arguedthat laws share certain abstract features and even speculated that law may be a human universal. Inthe present report, we evaluate this thesis through an experiment administered in 11 different coun-tries. 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 pre-registered prediction, people reported that such laws cannot exist, but also (paradoxically) that there aresuch laws. These results document cross-culturally and –linguistically robust beliefs about the conceptof law which defy people’s grasp of how legal systems function in practice.Artigo Científico Coordination and expertise foster legal textualism(2022) Hannikainen, Ivar R.; Tobia, Kevin P.; Almeida, Guilherme da F. C. F. de; Struchiner, Noel; Kneer, Markus; Bystranowski, Piotr; Dranseika, Vilius; Strohmaier, Niek; Bensinger, Samantha; Dolinina, Kristina; Janik, Bartosz; Lauraityte, Egle; Laakasuo, Michael; Liefgreen, Alice; Neiders, Ivars; Próchnicki, Maciej; Rosas, Alejandro; Sundvall, Jukka; Żuradzki, TomaszA 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.