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  1. (1 other version)Replacement naturalism and the limits of experimental jurisprudence.Kenneth Einar Himma - 2023 - Jurisprudence 14 (3):348-373.
    This essay is concerned with Brian Leiter’s so-called replacement naturalism, according to which the traditional methodology of conceptual jurisprudence ‘should be replaced by reliance on the best social scientific explanations of legal phenomena.’ I argue that, although the methodology of experimental jurisprudence is the only plausible replacement for the traditional methodology, it cannot can replace the philosophical methods traditionally used to address conceptual issues and, further, that experimental jurisprudence needs a theoretical foundation that properly locates its role relative to that (...)
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  • Jurors use mental state information to assess breach in negligence cases.Francesco Margoni & Teneille R. Brown - 2023 - Cognition 236 (C):105442.
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  • Outcome effects, moral luck and the hindsight bias.Markus Https://Orcidorg Kneer & Izabela Skoczen - 2022 - Cognition 232 (C):105258.
    In a series of ten preregistered experiments (N=2043), we investigate the effect of outcome valence on judgments of probability, negligence, and culpability – a phenomenon sometimes labelled moral (and legal) luck. We found that harmful outcomes, when contrasted with neutral outcomes, lead to increased perceived probability of harm ex post, and consequently to increased attribution of negligence and culpability. Rather than simply postulating a hindsight bias (as is common), we employ a variety of empirical means to demonstrate that the outcome-driven (...)
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  • Stakeholder-Oriented Firms Have Feelings and Moral Standing Too.Katinka J. P. Quintelier - 2022 - Frontiers in Psychology 13.
    A central claim in stakeholder theory is that, if we see stakeholders as human beings, we will attribute higher moral standing or show more moral consideration to stakeholders. But would the same hold for firms? In this paper, I apply the concepts of humanization and moral standing to firms, and I predict that individuals attribute higher moral standing to stakeholder-oriented than to profit-oriented firms, because individuals attribute more experience to stakeholder-oriented than to profit-oriented firms. Five experiments support these predictions across (...)
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  • (1 other version)Reasonableness on the Clapham Omnibus: Exploring the outcome-sensitive folk concept of reasonable.Markus Kneer - 2022 - In P. Bystranowski, Bartosz Janik & M. Prochnicki (eds.), Judicial Decision-Making: Integrating Empirical and Theoretical Perspectives. Springer Nature. pp. 25-48.
    This paper presents a series of studies (total N=579) which demonstrate that folk judgments concerning the reasonableness of decisions and actions depend strongly on whether they engender positive or negative consequences. A particular decision is deemed more reasonable in retrospect when it produces beneficial consequences than when it produces harmful consequences, even if the situation in which the decision was taken and the epistemic circumstances of the agent are held fixed across conditions. This finding is worrisome for the law, where (...)
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  • The meaning of ‘reasonable’: Evidence from a corpus-linguistic study.Lucien Baumgartner & Markus Kneer - forthcoming - In Kevin P. Tobia (ed.), The Cambridge Handbook of Experimental Jurisprudence. Cambridge University Press.
    The reasonable person standard is key to both Criminal Law and Torts. What does and does not count as reasonable behavior and decision-making is frequently deter- mined by lay jurors. Hence, laypeople’s understanding of the term must be considered, especially whether they use it predominately in an evaluative fashion. In this corpus study based on supervised machine learning models, we investigate whether laypeople use the expression ‘reasonable’ mainly as a descriptive, an evaluative, or merely a value-associated term. We find that (...)
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