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  1. Are There Cross-Cultural Legal Principles? Modal Reasoning Uncovers Procedural Constraints on Law.Ivar R. Hannikainen, Kevin P. Tobia, Guilherme da F. C. F. De Almeida, Raff Donelson, Vilius Dranseika, Markus Kneer, Niek Strohmaier, Piotr Bystranowski, Kristina Dolinina, Bartosz Janik, Sothie Keo, Eglė Lauraitytė, Alice Liefgreen, Maciej Próchnicki, Alejandro Rosas & Noel Struchiner - 2021 - Cognitive Science 45 (8):e13024.
  2. Experimental Jurisprudence.Kevin Tobia - manuscript
    Experimental jurisprudence” is a novel empirical approach to jurisprudence. This practice has grown into a movement, as scholars increasingly conduct experimental studies of legal language and concepts including causation, consent, intent, knowledge and reasonableness. Despite its progress, the approach’s justification is still surprisingly opaque. To put it most provocatively: Jurisprudence is the study of deep and longstanding theoretical questions about law’s nature, but “experimental jurisprudence” simply surveys laypeople. Experimental jurisprudence seems to miss the mark, twice. First, laypeople—with no legal expertise—are (...)
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  3. Do Formalist Judges Abide By Their Abstract Principles? A Two-Country Study in Adjudication.Piotr Bystranowski, Bartosz Janik, Maciej Próchnicki, Ivar Rodriguez Hannikainen, Guilherme da Franca Couto Fernandes de Almeida & Noel Struchiner - forthcoming - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-33.
    Recent literature in experimental philosophy has postulated the existence of the abstract/concrete paradox : the tendency to activate inconsistent intuitions 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 (...)
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  4. The Folk Concept of Law: Law Is Intrinsically Moral.Brian Flanagan & Ivar R. Hannikainen - forthcoming - Australasian Journal of Philosophy:1-15.
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  5. Purposes in Law and in Life: An Experimental Investigation of Purpose Attribution.Almeida Guilherme, Joshua Knobe, Noel Struchiner & Ivar Hannikainen - forthcoming - Canadian Journal of Law and Jurisprudence.
    There has been considerable debate in legal philosophy about how to attribute purposes to rules. Separately, within cognitive science, there has been a growing body of research concerned with questions about how people ordinarily attribute purposes. Here, we argue that these two separate fields might be connected by experimental jurisprudence. Across four studies, we find evidence for the claim that people use the same criteria to attribute purposes to physical objects and to rules. In both cases, purpose attributions appear to (...)
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  6. Do Rape Cases Sit in a Moral Blindspot?Katrina L. Sifferd - forthcoming - In Samuel Murray & Paul Henne (eds.), Advances in Experimental Philosophy of Action. London, UK:
    Empirical research has distinguished moral judgments that focus on an act and the actor’s intention or mental states, and those that focus on results of an action and then seek a causal actor. Studies indicate these two types of judgments may result from a “dual-process system” of moral judgment (Cushman 2008, Kneer and Machery 2019). Results-oriented judgements may be subject to the problem of resultant moral luck because different results can arise from the same action and intention. While some argue (...)
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  7. The Proposer or the Proposal? An Experimental Analysis of Constitutional Beliefs.Kenneth Mori McElwain, Shusei Eshima & Christian G. Winkler - 2021 - Japanese Journal of Political Science 22 (1):15-39.
    In many countries, constitutional amendments require the direct approval of voters, but the consequences of fundamental changes to the powers and operations of the state are difficult to anticipate. The referendums literature suggests that citizens weigh their prior beliefs about the merits of proposals against the heuristic provided by the partisanship of the proposer, but the relative salience of these factors across constitutional issue areas remains underexplored. This paper examines the determinants of citizen preferences on 12 diverse constitutional issues, based (...)
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  8. The Experimental Philosophy of Law: New Ways, Old Questions, and How Not to Get Lost.Karolina Magdalena Prochownik - 2021 - Philosophy Compass 16 (12):e12791.
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  9. Fuller and the Folk: The Inner Morality of Law Revisited.Raff Donelson & Ivar R. Hannikainen - 2020 - In Oxford Studies in Experimental Philosophy, Volume 3. Oxford: pp. 6-28.
    The experimental turn in philosophy has reached several sub-fields including ethics, epistemology, and metaphysics. This paper is among the first to apply experimental techniques to questions in the philosophy of law. Specifically, we examine Lon Fuller's procedural natural law theory. Fuller famously claimed that legal systems necessarily observe eight principles he called "the inner morality of law." We evaluate Fuller's claim by surveying both ordinary people and legal experts about their intuitions about legal systems. We conclude that, at best, we (...)
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  10. Legal Decision-Making and the Abstract/Concrete Paradox.Noel Struchiner, Guilherme da F. C. F. De Almeida & Ivar R. Hannikainen - 2020 - Cognition 205:104421.
    Higher courts sometimes assess the constitutionality of law by working through a concrete case, other times by reasoning about the underlying question in a more abstract way. Prior research has found that the degree of concreteness or abstraction with which an issue is formulated can influence people's prescriptive views: For instance, people often endorse punishment for concrete misdeeds that they would oppose if the circumstances were described abstractly. We sought to understand whether the so-called ‘abstract/concrete paradox’ also jeopardizes the consistency (...)
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  11. An Experimental Guide to Vehicles in the Park.Noel Struchiner, Ivar Hannikainen & Guilherme da F. C. F. de Almeida - 2020 - Judgment and Decision Making 15 (3):312-329.
    Prescriptive rules guide human behavior across various domains of community life, including law, morality, and etiquette. What, specifically, are rules in the eyes of their subjects, i.e., those who are expected to abide by them? Over the last sixty years, theorists in the philosophy of law have offered a useful framework with which to consider this question. Some, following H. L. A. Hart, argue that a rule’s text at least sometimes suffices to determine whether the rule itself covers a case. (...)
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  12. No Luck for Moral Luck.Markus Kneer & Edouard Machery - 2019 - Cognition 182:331-348.
    Moral philosophers and psychologists often assume that people judge morally lucky and morally unlucky agents differently, an assumption that stands at the heart of the Puzzle of Moral Luck. We examine whether the asymmetry is found for reflective intuitions regarding wrongness, blame, permissibility, and punishment judg- ments, whether people’s concrete, case-based judgments align with their explicit, abstract principles regarding moral luck, and what psychological mechanisms might drive the effect. Our experiments produce three findings: First, in within-subjects experiments favorable to reflective (...)
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  13. Building a corpus of legal argumentation in Japanese judgement documents: towards structure-based summarisation.Hiroaki Yamada, Simone Teufel & Takenobu Tokunaga - 2019 - Artificial Intelligence and Law 27 (2):141-170.
    We present an annotation scheme describing the argument structure of judgement documents, a central construct in Japanese law. To support the final goal of this work, namely summarisation aimed at the legal professions, we have designed blueprint models of summaries of various granularities, and our annotation model in turn is fitted around the information needed for the summaries. In this paper we report results of a manual annotation study, showing that the annotation is stable. The annotated corpus we created contains (...)
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  14. Presumed Innocent? How Tacit Assumptions of Intentional Structure Shape Moral Judgment.Sydney Levine, John Mikhail & Alan M. Leslie - 2018 - Journal of Experimental Psychology: General 147 (11):1728-1747.
  15. On Blaming and Punishing Psychopaths.Marion Godman & Anneli Jefferson - 2017 - Criminal Law and Philosophy 11 (1):127-142.
    Current legal practice holds that a diagnosis of psychopathy does not remove criminal responsibility. In contrast, many philosophers and legal experts are increasingly persuaded by evidence from experimental psychology and neuroscience indicating moral and cognitive deficits in psychopaths and have argued that they should be excused from moral responsibility. However, having opposite views concerning psychopaths’ moral responsibility, on the one hand, and criminal responsibility, on the other, seems unfortunate given the assumption that the law should, at least to some extent, (...)
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  16. A Deterministic Worldview Promotes Approval of State Paternalism.Ivar Hannikainen, Gabriel Cabral, Edouard Machery & Noel Struchiner - 2017 - Journal of Experimental Social Psychology 70:251-259.
    The proper limit to paternalist regulation of citizens' private lives is a recurring theme in political theory and ethics. In the present study, we examine the role of beliefs about free will and determinism in attitudes toward libertarian versus paternalist policies. Throughout five studies we find that a scientific deterministic worldview reduces opposition toward paternalist policies, independent of the putative influence of political ideology. We suggest that exposure to scientific explanations for patterns in human behavior challenges the notion of personal (...)
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  17. Ownership Rights.Shaylene Nancekivell, J. Charles Millar, Pauline Summers & Ori Friedman - 2016 - In Justin Sytsma Wesley Buckwalter (ed.), A companion to experimental philosophy. Wiley-Blackwell. pp. 247-256.
    A chapter reviewing recent experimental work on people's conceptions of ownership rights.
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  18. Laws of Cognition and the Cognition of Law.Dan M. Kahan - 2015 - Cognition 135:56-60.
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  19. Belief States in Criminal Law.James A. Macleod - 2015 - Oklahoma Law Review 68.
    Belief-state ascription — determining what someone “knew,” “believed,” was “aware of,” etc. — is central to many areas of law. In criminal law, the distinction between knowledge and recklessness, and the use of broad jury instructions concerning other belief states, presupposes a common and stable understanding of what those belief-state terms mean. But a wealth of empirical work at the intersection of philosophy and psychology — falling under the banner of “Experimental Epistemology” — reveals how laypeople’s understandings of mens rea (...)
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  20. Punishment in Humans: From Intuitions to Institutions.Fiery Cushman - 2014 - Philosophy Compass 10 (2):117-133.
    Humans have a strong sense of who should be punished, when, and how. Many features of these intuitions are consistent with a simple adaptive model: Punishment evolved as a mechanism to teach social partners how to behave in future interactions. Yet, it is clear that punishment as practiced in modern contexts transcends any biologically evolved mechanism; it also depends on cultural institutions including the criminal justice system and many smaller analogs in churches, corporations, clubs, classrooms, and so on. These institutions (...)
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  21. “Our Reading Would Lead To…”: Corpus Perspectives on Pragmatic Argumentation in US Supreme Court Judgments.Davide Mazzi - 2014 - Journal of Argumentation in Context 3 (2):103-125.
    Of the various subtypes of causal argumentation, one that has been sparking the interest of a large number of scholars across various contexts is pragmatic argumentation. This paper aims at undertaking an exploratory study of discursive indicators of pragmatic argumentation in a synchronic corpus of judgments by the Supreme Court of the United States of America. The study began with a qualitative overview to be followed by a more quantitative investigation, in which discursive indicators of pragmatic argumentation were lemmatized and (...)
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  22. The Future of Punishment.Thomas A. Nadelhoffer (ed.) - 2013 - Oxford University Press USA.
    The twelve essays in this volume aim at providing philosophers, neuroscientists, psychologists, and legal theorists with an opportunity to examine the cluster of related issues that will need to be addressed as scholars struggle to come to grips with the picture of human agency being pieced together by researchers in the biosciences.
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  23. The Mind, the Brain, and the Law.Thomas Nadelhoffer, Dena Gromet, Geoffrey Goodwin, Eddy Nahmias, Chandra Sripada & Walter Sinnott-Armstrong - 2013 - In Thomas A. Nadelhoffer (ed.), The Future of Punishment. Oup Usa.
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  24. Folk Retributivism And The Communication Confound.Thomas Nadelhoffer, Saeideh Heshmati, Deanna Kaplan & Shaun Nichols - 2013 - Economics and Philosophy 29 (2):235-261.
    Retributivist accounts of punishment maintain that it is right to punish wrongdoers, even if the punishment has no future benefits. Research in experimental economics indicates that people are willing to pay to punish defectors. A complementary line of work in social psychology suggests that people think that it is right to punish wrongdoers. This work suggests that people are retributivists about punishment. However, all of the extant work contains an important potential confound. The target of the punishment is expected to (...)
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  25. Young Children's Understanding of Ownership.Shaylene E. Nancekivell, Julia W. Van de Vondervoort & Ori Friedman - 2013 - Child Development Perspectives 7 (4):243-247.
    Ownership influences the permissibility of people's use of objects. Understanding ownership is therefore necessary for socially appropriate behavior and is an important part of children's social‐cognitive development. Children are sophisticated in their reasoning about ownership early in development. They make a variety of judgments about ownership, including judgments about how ownership is acquired, who owns what, and ownership rights. Understanding how children reason about ownership can also inform broader questions about the nature and origins of ownership. 2016 APA, all rights (...)
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  26. Moral Grammar and Human Rights.John Mikhail - 2012 - In Ryan Goodman, Derek Jinks & Andrew K. Woods (eds.), Understanding Social Action, Promoting Human Rights. Oup Usa. pp. 160.
  27. Neurolaw and Neuroprediction: Potential Promises and Perils.Thomas Nadelhoffer & Walter Sinnott-Armstrong - 2012 - Philosophy Compass 7 (9):631-642.
    Neuroscience has been proposed for use in the legal system for purposes of mind reading, assessment of responsibility, and prediction of misconduct. Each of these uses has both promises and perils, and each raises issues regarding the admissibility of neuroscientific evidence.
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  28. Moral Grammar and Intuitive Jurisprudence: A Formal Model of Unconscious Moral and Legal Knowledge.John Mikhail - 2009 - In B. H. Ross, D. M. Bartels, C. W. Bauman, L. J. Skitka & D. L. Medin (eds.), Psychology of Learning and Motivation, Vol. 50: Moral Judgment and Decision Making. Academic Press.
    Could a computer be programmed to make moral judgments about cases of intentional harm and unreasonable risk that match those judgments people already make intuitively? If the human moral sense is an unconscious computational mechanism of some sort, as many cognitive scientists have suggested, then the answer should be yes. So too if the search for reflective equilibrium is a sound enterprise, since achieving this state of affairs requires demarcating a set of considered judgments, stating them as explanandum sentences, and (...)
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  29. Where Does Blaming Come From?Lawrence Solan - 2005 - Brooklyn Law Review 71:939.
  30. Does Unconscious Racial Bias Affect Trial Judges.Jeffrey J. Rachlinski, Sheri Lynn Johnson, Andrew J. Wistrich & Chris Guthrie - unknown
    Race matters in the criminal justice system. Black defendants appear to fare worse than similarly situated white defendants. Why? Implicit bias is one possibility. Researchers, using a well-known measure called the implicit association test, have found that most white Americans harbor implicit bias toward Black Americans. Do judges, who are professionally committed to egalitarian norms, hold these same implicit biases? And if so, do these biases account for racially disparate outcomes in the criminal justice system? We explored these two research (...)
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