GUILHERME DA FRANCA COUTO FERNANDES DE ALMEIDA
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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 Do Formalist Judges Abide By Their Abstract Principles? A Two-Country Study in Adjudication(2021) Bystranowski, Piotr; Janik, Bartosz; Próchnicki, Maciej; Hannikainen, Ivar Rodriguez; GUILHERME DA FRANCA COUTO FERNANDES DE ALMEIDA; Struchiner, NoelRecent literature in experimental philosophy has postulated the existence of the abstract/concrete paradox (ACP): the tendency to activate inconsistent intuitions (and generate inconsistent judgment) depending on whether a problem to be analyzed is framed in abstract terms or is described as a concrete case. One recent study supports the thesis that this effect influences judicial decision-making, including decision-making by professional judges, in areas such as interpretation of constitutional principles and application of clear-cut rules. Here, following the existing literature in legal theory, we argue that the susceptibility to such an effect might depend on whether decision-makers operate in a legal system characterized by the formalist or particularist approach to legal interpretation, with formalist systems being less susceptible to the effect. To test this hypothesis, we compare the results of experimental studies on ACP run on samples from two countries differing in legal culture: Poland and Brazil. The lack of significant differences between those results (also for professional legal decision-makers) suggests that ACP is a robust effect in the legal context.