Karolina Prochownik

This paper investigates the relevance of social roles and hierarchies for the attribution of blame and causation in five culturally different countries, namely China, Germany, Poland, the United Arabic Emirates, and the United States of America. We demonstrate that in all these countries, hierarchical differences between the social roles occupied by two agents and associated differences in duties to care for others affect how these two agents are morally and causally judged when they make a decision together. Agents higher in a hierarchy are attributed more blame and considered more causally responsible for an action’s consequences. We also demonstrate that the degree of this effect depends on culture-specific differences in how hierarchies are conceived.

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, such as historically, Nazi law? Surveying laypeople (N = 167) and people with some legal training (N = 141) on these matters, we find a surprisingly strong, monotonic relationship between people's subjective moral evaluation of laws and their judgments that these laws should be applied in concrete cases. This tendency is most pronounced among individuals who endorse natural law (i.e., the legal-philosophical view that immoral laws are not valid laws at all), and is attenuated when disagreement about the moral status of a law is considered reasonable. The relationship is equally strong for laypeople and for those with legal training. We situate our findings within the broader context of morality's influence on legal reasoning that experimental jurisprudence has uncovered in recent years, and consider normative implications.

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 provides a systematic overview of the main lines of research in this field. It also covers the most important debates in the literature regarding the implications of these findings for the philosophy and theory of law. It argues that three challenges arise when addressing (old) legal-philosophical questions in (new) experimental ways by drawing normative implications from empirical data: such implications are value-driven, depend on explanations of empirical findings and vary across legal systems.