Brian Flanagan, Guilherme F C F de Almeida, Noel Struchiner, Ivar R Hannikainen
{"title":"道德评价指导直觉的法律决定。","authors":"Brian Flanagan, Guilherme F C F de Almeida, Noel Struchiner, Ivar R Hannikainen","doi":"10.1037/lhb0000527","DOIUrl":null,"url":null,"abstract":"<p><strong>Objectives: </strong>We sought to understand how basic competencies in moral reasoning influence the application of private, institutional, and legal rules.</p><p><strong>Hypotheses: </strong>We predicted that moral appraisals, implicating both outcome-based and mental state reasoning, would shape participants' interpretation of rules and statutes-and asked whether these effects arise differentially under intuitive and reflective reasoning conditions.</p><p><strong>Method: </strong>In six vignette-based experiments (total N = 2,473; 293 university law students [67% women; age bracket mode: 18-22 years] and 2,180 online workers [60% women; mean age = 31.9 years]), participants considered a wide range of written rules and laws and determined whether a protagonist had violated the rule in question. We manipulated morally relevant aspects of each incident-including the valence of the rule's purpose (Study 1) and of the outcomes that ensued (Studies 2 and 3), as well as the protagonist's accompanying mental state (Studies 5 and 6). In two studies, we simultaneously varied whether participants decided under time pressure or following a forced delay (Studies 4 and 6).</p><p><strong>Results: </strong>Moral appraisals of the rule's purpose, the agent's extraneous blameworthiness, and the agent's epistemic state impacted legal determinations and helped to explain participants' departure from rules' literal interpretation. Counter-literal verdicts were stronger under time pressure and were weakened by the opportunity to reflect.</p><p><strong>Conclusions: </strong>Under intuitive reasoning conditions, legal determinations draw on core competencies in moral cognition, such as outcome-based and mental state reasoning. In turn, cognitive reflection dampens these effects on statutory interpretation, allowing text to play a more influential role. (PsycInfo Database Record (c) 2023 APA, all rights reserved).</p>","PeriodicalId":48230,"journal":{"name":"Law and Human Behavior","volume":"47 2","pages":"367-383"},"PeriodicalIF":2.4000,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"4","resultStr":"{\"title\":\"Moral appraisals guide intuitive legal determinations.\",\"authors\":\"Brian Flanagan, Guilherme F C F de Almeida, Noel Struchiner, Ivar R Hannikainen\",\"doi\":\"10.1037/lhb0000527\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<p><strong>Objectives: </strong>We sought to understand how basic competencies in moral reasoning influence the application of private, institutional, and legal rules.</p><p><strong>Hypotheses: </strong>We predicted that moral appraisals, implicating both outcome-based and mental state reasoning, would shape participants' interpretation of rules and statutes-and asked whether these effects arise differentially under intuitive and reflective reasoning conditions.</p><p><strong>Method: </strong>In six vignette-based experiments (total N = 2,473; 293 university law students [67% women; age bracket mode: 18-22 years] and 2,180 online workers [60% women; mean age = 31.9 years]), participants considered a wide range of written rules and laws and determined whether a protagonist had violated the rule in question. We manipulated morally relevant aspects of each incident-including the valence of the rule's purpose (Study 1) and of the outcomes that ensued (Studies 2 and 3), as well as the protagonist's accompanying mental state (Studies 5 and 6). In two studies, we simultaneously varied whether participants decided under time pressure or following a forced delay (Studies 4 and 6).</p><p><strong>Results: </strong>Moral appraisals of the rule's purpose, the agent's extraneous blameworthiness, and the agent's epistemic state impacted legal determinations and helped to explain participants' departure from rules' literal interpretation. Counter-literal verdicts were stronger under time pressure and were weakened by the opportunity to reflect.</p><p><strong>Conclusions: </strong>Under intuitive reasoning conditions, legal determinations draw on core competencies in moral cognition, such as outcome-based and mental state reasoning. In turn, cognitive reflection dampens these effects on statutory interpretation, allowing text to play a more influential role. (PsycInfo Database Record (c) 2023 APA, all rights reserved).</p>\",\"PeriodicalId\":48230,\"journal\":{\"name\":\"Law and Human Behavior\",\"volume\":\"47 2\",\"pages\":\"367-383\"},\"PeriodicalIF\":2.4000,\"publicationDate\":\"2023-04-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"4\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Law and Human Behavior\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.1037/lhb0000527\",\"RegionNum\":2,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Law and Human Behavior","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1037/lhb0000527","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
Moral appraisals guide intuitive legal determinations.
Objectives: We sought to understand how basic competencies in moral reasoning influence the application of private, institutional, and legal rules.
Hypotheses: We predicted that moral appraisals, implicating both outcome-based and mental state reasoning, would shape participants' interpretation of rules and statutes-and asked whether these effects arise differentially under intuitive and reflective reasoning conditions.
Method: In six vignette-based experiments (total N = 2,473; 293 university law students [67% women; age bracket mode: 18-22 years] and 2,180 online workers [60% women; mean age = 31.9 years]), participants considered a wide range of written rules and laws and determined whether a protagonist had violated the rule in question. We manipulated morally relevant aspects of each incident-including the valence of the rule's purpose (Study 1) and of the outcomes that ensued (Studies 2 and 3), as well as the protagonist's accompanying mental state (Studies 5 and 6). In two studies, we simultaneously varied whether participants decided under time pressure or following a forced delay (Studies 4 and 6).
Results: Moral appraisals of the rule's purpose, the agent's extraneous blameworthiness, and the agent's epistemic state impacted legal determinations and helped to explain participants' departure from rules' literal interpretation. Counter-literal verdicts were stronger under time pressure and were weakened by the opportunity to reflect.
Conclusions: Under intuitive reasoning conditions, legal determinations draw on core competencies in moral cognition, such as outcome-based and mental state reasoning. In turn, cognitive reflection dampens these effects on statutory interpretation, allowing text to play a more influential role. (PsycInfo Database Record (c) 2023 APA, all rights reserved).
期刊介绍:
Law and Human Behavior, the official journal of the American Psychology-Law Society/Division 41 of the American Psychological Association, is a multidisciplinary forum for the publication of articles and discussions of issues arising out of the relationships between human behavior and the law, our legal system, and the legal process. This journal publishes original research, reviews of past research, and theoretical studies from professionals in criminal justice, law, psychology, sociology, psychiatry, political science, education, communication, and other areas germane to the field.