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 Environmental enforcement, property rights, and violence: evidence from the Brazilian Amazon(2024) Oliveira, Gustavo Magalhães de; BRUNO VARELLA MIRANDAConflicts over resources with poorly defined property rights have fuelled both deforestation and violence in the Brazilian Amazon. However, what happens when the State enhances its ability to monitor and enforce existing environmental laws? We study the case of the list of Municípios Prioritários, a policy that allocates additional resources to verify compliance with environmental laws in municipalities with high deforestation rates. Employing a difference-in-differences approach, our findings suggest that an improvement in the ability of the State to monitor and enforce environmental laws can reduce conflicts over the appropriation of value from resources with poorly defined property rights. Consistent with existing studies, we also find that the policy led to a reduction in deforestation rates in the Brazilian Amazon. Finally, we discuss the limitations of the current approach to curb violence in a region where the activity of mafias has considerably grown since the turn of the twenty-first century.