Coleção de Artigos Acadêmicos
URI permanente para esta coleçãohttps://repositorio.insper.edu.br/handle/11224/3227
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Artigo Científico Apply the Laws, if They are Good: Moral Evaluations Linearly Predict Whether Judges Should Enforce the Law(2024) Engelmann, Neele; GUILHERME DA FRANCA COUTO FERNANDES DE ALMEIDA; Sousa, Felipe Oliveira de; Prochownik, Karolina; Hannikainen, Ivar R.; Struchiner, Noel; Magen, StefanWhat should judges do when faced with immoral laws? Should they apply them without exception, since “the law is the law?” Or can exceptions be made for grossly immoral laws, such as historically, Nazi law? Surveying laypeople (N = 167) and people with some legal training (N = 141) on these matters, we find a surprisingly strong, monotonic relationship between people’s subjective moral evaluation of laws and their judgments that these laws should be applied in concrete cases. This tendency is most pronounced among individuals who endorse natural law (i.e., the legal-philosophical view that immoral laws are not valid laws at all), and is attenuated when disagreement about the moral status of a law is considered reasonable. The relationship is equally strong for laypeople and for those with legal training. We situate our findings within the broader context of morality’s influence on legal reasoning that experimental jurisprudence has uncovered in recent years, and consider normative implications.Artigo Científico O Direito sem respeito às regras(2024) GUILHERME DA FRANCA COUTO FERNANDES DE ALMEIDA; Leite, Fábio Carvalho; Assis, RodolfoNeste artigo, apresentam-se os resultados de duas pesquisas quantitativas observacionais realizadas no Tribunal de Justiça do Rio de Janeiro. Com elas, investigaram-se processos envolvendo casos regulados pelo art. 20 do Código civil e pelo art. 19 do Marco civil da internet. Os resultados revelam que os juízes quase não mencionam esses dispositivos, mesmo em situações nas quais eles claramente se aplicam. Argumenta-se que esses resultados sinalizam uma atitude generalizada de desrespeito às regras primárias, o que torna o Direito brasileiro atípico do ponto de vista conceitual. Por fim, defende-se que, sob a perspectiva normativa, essa atipicidade é indesejável.Artigo Científico A dual character theory of law(2024) GUILHERME DA FRANCA COUTO FERNANDES DE ALMEIDAOne persistent question in jurisprudence relates to the role of morality in the concept of law. For instance, consider the question of whether unjust statutes are laws. Legal positivists say that they’re laws in every relevant sense, while natural lawyers say that they’re not. This article considers a different answer inspired by recent findings in experimental philosophy: there is one relevant sense in which unjust statutes are laws, but also a different relevant sense in which they aren’t. After considering the ways in which this alternative differs from some of the mainstream theories in general jurisprudence, the article argues that it provides more elegant solutions to two problems that have puzzled legal philosophers in the past: the paradox of customary international law and the shifts in legal discourse over history.Artigo Científico Epistemology Goes AI: A Study of GPT-3?s Capacity to Generate Consistent and Coherent Ordered Sets of Propositions on a Single-Input-Multiple-Outputs Basis(2024) Araújo, Marcelo de; GUILHERME DA FRANCA COUTO FERNANDES DE ALMEIDA; Nunes, José LuizThe more we rely on digital assistants, online search engines, and AI systems to revise our system of beliefs and increase our body of knowledge, the less we are able to resort to some independent criterion, unrelated to further digital tools, in order to asses the epistemic reliability of the outputs delivered by them. This raises some important questions to epistemology in general and pressing questions to applied to epistemology in particular. In this paper, we propose an experimental method for the assessment of GPT-3’s capacity to generate consistent and coherent sets of outputs. When several outputs to one and the same input are very repetitive they tend to be consistent with each other, that is they do not contradict each other. But consistency does not make the set of outputs as a whole more informative than the outputs considered individually. We argue that the less informative a set of outputs is, the less coherent it is. We establish a conceptual distinction between consistency and coherence in the light of what some epistemologists refer to as a coherence theories of truth and justification. While much attention has been given to GPT-3’s capacity to produce internally coherent individual outputs, we argue, instead, that more attention should be given to its capacity to produce consistent and coherent outputs generated on a single-input-multiple-outputs basis.Artigo Científico Lawful, but not Really: The Dual Character of the Concept of Law(2024) Flanagan, Brian; GUILHERME DA FRANCA COUTO FERNANDES DE ALMEIDADisagreement on law’s relationship to morality has long been driven by disagreement about our ordinary concept. Until recently, however, there had been no systematic investigation of lay intuitions. In this paper, we advance this nascent effort. Across two studies (N = 697), our findings reveal that most people consider law to be more than a matter of political circumstance alone. Contrary to the expectations of most contemporary philosophers, morality (both substantive and procedural) emerges as a key influence on judgments of legal validity: many people say that conduct prohibited by immoral statutes is not truly illegal, and that immoral conduct which was never explicitly prohibited is truly illegal. This suggests that people often treat law as a dual character concept that, like the concepts of scientist or of artist, features autonomous concrete and abstract dimensions.Artigo Científico Exploring the psychology of LLMs’ moral and legal reasoning(2024) GUILHERME DA FRANCA COUTO FERNANDES DE ALMEIDA; Nunes, José Luiz; Engelmann, Neele; Wiegmann, Alex; Araújo, Marcelo deLarge language models (LLMs) exhibit expert-level performance in tasks across a wide range of different domains. Ethical issues raised by LLMs and the need to align future versions makes it important to know how state of the art models reason about moral and legal issues. In this paper, we employ the methods of experimental psychology to probe into this question. We replicate eight studies from the experimental literature with instances of Google's Gemini Pro, Anthropic's Claude 2.1, OpenAI's GPT-4, and Meta's Llama 2 Chat 70b. We find that alignment with human responses shifts from one experiment to another, and that models differ amongst themselves as to their overall alignment, with GPT-4 taking a clear lead over all other models we tested. Nonetheless, even when LLM-generated responses are highly correlated to human responses, there are still systematic differences, with a tendency for models to exaggerate effects that are present among humans, in part by reducing variance. This recommends caution with regards to proposals of replacing human participants with current state-of-the-art LLMs in psychological research and highlights the need for further research about the distinctive aspects of machine psychology