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  1. Reasonableness on the Clapham Omnibus: Exploring the Outcome-Sensitive Folk Concept of Reasonable.Markus Kneer - forthcoming - In P. Bystranowski, Bartosz Janik & M. Prochnicki (eds.), Judicial Decision-Making: Integrating Empirical and Theoretical Perspectives. Springer Nature.
    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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  • 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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  • 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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