Statutory Interpretation from the Outside

K Tobia, BG Slocum, V Nourse - Colum. L. Rev., 2022 - HeinOnline
" American courts have no intelligible, generally accepted, and consistently applied theory of
statutory interpretation." 1 This Hart and Sacks lament is frequently quoted but misleading. 2 …

Coordination and expertise foster legal textualism

IR Hannikainen, KP Tobia… - Proceedings of the …, 2022 - National Acad Sciences
A cross-cultural survey experiment revealed a dominant tendency to rely on a rule's letter
over its spirit when deciding which behaviors violate the rule. This tendency varied markedly …

Cooperation, domination: Twin functions of third‐party punishment

J Wylie, A Gantman - Social and Personality Psychology …, 2024 - Wiley Online Library
Rules serve many important functions in society. One such function is to codify, and make
public and enforceable, a society's desired prescriptions and proscriptions. This codification …

The experimental philosophy of law: New ways, old questions, and how not to get lost

KM Prochownik - Philosophy Compass, 2021 - Wiley Online Library
The experimental philosophy of law is a recent movement that aims to inform traditional
debates in jurisprudence by conducting empirical research. This paper introduces and …

Philosophical intuitions are surprisingly stable across both demographic groups and situations

J Knobe - Filozofia nauki, 2021 - ceeol.com
In the early years of experimental philosophy, a number of studies seemed to suggest that
people's philosophical intuitions were unstable. Some studies seemed to suggest that …

Harmful side effects: How government restrictions against transnational civil society affect global health

M Heinzel, M Koenig-Archibugi - British Journal of Political Science, 2023 - cambridge.org
Governments have increasingly adopted laws restricting the activities of international non-
governmental organizations INGOs within their borders. Such laws are often intended to …

[HTML][HTML] Outcome effects, moral luck and the hindsight bias

M Kneer, I Skoczeń - Cognition, 2023 - Elsevier
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 …

Apply the Laws, if They are Good: Moral Evaluations Linearly Predict Whether Judges Should Enforce the Law

N Engelmann, GFCF de Almeida… - Cognitive …, 2024 - Wiley Online Library
What should judges do when faced with immoral laws? Should they apply them without
exception, since “the law is the law?” Or can exceptions be made for grossly immoral laws …

The biased enforcement of rarely followed rules

J Wylie, KL Milless, J Sciarappo… - Personality and Social …, 2024 - journals.sagepub.com
We examined whether the enforcement of phantom rules—frequently broken and rarely
enforced codified rules—varies by the race of the rule breaker. First, we analyzed whether …

Reasonableness on the Clapham Omnibus: Exploring the Outcome-Sensitive Folk Concept of Reasonable

M Kneer - Judicial decision-making: Integrating empirical and …, 2022 - Springer
The reasonable person standard is of great importance to US criminal and tort law.
According to the law, whether or not an agent acted reasonably does not depend on …