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 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.