Noel Struchiner

Does the Ship of Theseus present a genuine puzzle about persistence due to conflicting intuitions based on “continuity of form” and “continuity of matter” pulling in opposite directions? Philosophers are divided. Some claim that it presents a genuine puzzle but disagree over whether there is a solution. Others claim that there is no puzzle at all since the case has an obvious solution. To assess these proposals, we conducted a cross-cultural study involving nearly 3,000 people across twenty-two countries, speaking eighteen different languages. Our results speak against the proposal that there is no puzzle at all and against the proposal that there is a puzzle but one that has no solution. Our results suggest that there are two criteria—“continuity of form” and “continuity of matter”— that constitute our concept of persistence and these two criteria receive different weightings in settling matters concerning persistence.

Despite pervasive variation in the content of laws, legal theorists and anthropologists have argued that laws share certain abstract features and even speculated that law may be a human universal. In the present report, we evaluate this thesis through an experiment administered in 11 different countries. Are there cross‐cultural principles of law? In a between‐subjects design, participants (N = 3,054) were asked whether there could be laws that violate certain procedural principles (e.g., laws applied retrospectively or unintelligible laws), and also whether there are any such laws. Confirming our preregistered prediction, people reported that such laws cannot exist, but also (paradoxically) that there are such laws. These results document cross‐culturally and –linguistically robust beliefs about the concept of law which defy people's grasp of how legal systems function in practice.

Since at least Hume and Kant, philosophers working on the nature of aesthetic judgment have generally agreed that common sense does not treat aesthetic judgments in the same way as typical expressions of subjective preferences—rather, it endows them with intersubjective validity, the property of being right or wrong regardless of disagreement. Moreover, this apparent intersubjective validity has been taken to constitute one of the main explananda for philosophical accounts of aesthetic judgment. But is it really the case that most people spontaneously treat aesthetic judgments as having intersubjective validity? In this paper, we report the results of a cross‐cultural study with over 2,000 respondents spanning 19 countries. Despite significant geographical variations, these results suggest that most people do not treat their own aesthetic judgments as having intersubjective validity. We conclude by discussing the implications of our findings for theories of aesthetic judgment and the purpose of aesthetics in general.

In discussing whether legal systems are necessarily coercive, legal philosophers usually appeal to thought experiments involving angels or other morally driven beings who need no coercion to organise their social lives. Such appeals have invited criticism. Critics have not only challenged the relevance of such thought experiments to our understanding of legal systems; they have also argued that, contrary to the intuitions of most legal philosophers, the ‘man on the Clapham Omnibus’ would not hold that there is law in a society of angels because the view that law is necessarily coercive ‘enjoys widespread support among laypersons’. This is obviously an empirical claim. Critics, however, never systematically polled the ‘man on the Clapham Omnibus’. We boarded that bus. This article discusses findings from five empirical studies on the relationship between law and coercion.

Is behavioral integration a necessary feature of belief in folk psychology? Our data from over 5,000 people across 26 samples, spanning 22 countries suggests that it is not. Given the surprising cross-cultural robustness of our findings, we argue that the types of evidence for the ascription of a belief are, at least in some circumstances, lexicographically ordered: assertions are first taken into account, and when an agent sincerely asserts that p, nonlinguistic behavioral evidence is disregarded. In light of this, we take ourselves to have discovered a universal principle governing the ascription of beliefs in folk psychology.

This paper approaches legal argumentation from a rhetorical perspective. It discusses the nature of the audiences that are targeted by judges in the legal process. Judicial opinions reach diverse groups of people with very different attitudes and expectations: other judges, lawyers, litigants, concerned citizens, etc. One important way in which these groups differ is that some of them are more likely to be persuaded by legalistic, precedent or statute-based arguments, while others expect judges to decide on grounds of justice or equity. So, judges face the challenge of determining whether they should select particular groups for special attention, or whether they have alternative rhetorical means to approach the problem of audience diversity. One strategy that is likely to be recommended by rhetorical scholars is that judges should not try to accommodate the various preferences of their actual readership, but that they should rather invoke an idealized audience or some version of Chaïm Perelman’s universal audience. However, the paper tries to show that the universal audience is of limited value for a discussion about how judges ought to proceed in the face of audience diversity. In particular, the idea of a universal audience does not help judges to make the choice between a legalistic or an equity-based approach to legal decision-making. By showing that this is so, the paper also raises doubts about the common thought that to invoke the universal audience in law is to appeal to natural law.

The present research examines whether identity essentialism, an important component of psychological essentialism, is a fundamental feature of human cognition. Across three studies (Ntotal = 1723), we report evidence that essentialist intuitions about the identity of kinds are culturally dependent, demographically variable, and easily malleable. The first study considered essentialist intuitions in 10 different countries spread across four continents. Participants were presented with two scenarios meant to elicit essentialist intuitions. Their answers suggest that essentialist intuitions vary dramatically across cultures. Furthermore, these intuitions were found to vary with gender, education, and across eliciting stimuli. The second study further examined whether essentialist intuitions are stable across different kinds of eliciting stimuli. Participants were presented with two different scenarios meant to elicit essentialist intuitions—the “discovery” and “transformation” scenarios. Their answers suggest that the nature of the eliciting stimuli influences whether or not people report essentialist intuitions. Finally, the third study demonstrates that essentialist intuitions are susceptible to framing effects. Keeping the eliciting stimulus (i.e., the scenario) constant, we show that the formulation of the question eliciting a judgment influences whether or not people have essentialist intuitions. Implications of these findings for identity essentialism and psychological essentialism, in general, are discussed.

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 of judicial reasoning. In a series of experiments, both lay and professional judges sometimes reached opposite conclusions when reasoning about concrete cases versus the underlying issues formulated in abstract terms. This effect emerged whether participants reasoned with broad principles, such as human dignity, or narrow rules, and was largest among individuals high in trait empathy. Finally, to understand whether people reflectively endorse the discrepancy between abstract and concrete resolutions, we examined their reactions when evaluating both, either simultaneously or sequentially. These approaches revealed no single pattern across lay and expert populations, or exploratory and confirmatory studies. Taken together, our studies suggest that empathic concern plays a greater role in guiding the judicial resolution of concrete cases than in illuminating judges' professed standards—which may result in concrete decisions in violation of their own abstract principles.

The proper limit to paternalist regulation of citizens' private lives is a recurring theme in political theory and ethics. In the present study, we examine the role of beliefs about free will and determinism in attitudes toward libertarian versus paternalist policies. Throughout five studies we find that a scientific deterministic worldview reduces opposition toward paternalist policies, independent of the putative influence of political ideology. We suggest that exposure to scientific explanations for patterns in human behavior challenges the notion of personal autonomy and, in turn, undermines libertarian arguments against state paternalism appealing to autonomy and personal choice.

Recent literature in experimental philosophy has postulated the existence of the abstract/concrete paradox : the tendency to activate inconsistent intuitions depending on whether a problem to be analyzed is framed in abstract terms or is described as a concrete case. One recent study supports the thesis that this effect influences judicial decision-making, including decision-making by professional judges, in areas such as interpretation of constitutional principles and application of clear-cut rules. Here, following the existing literature in legal theory, we argue that the susceptibility to such an effect might depend on whether decision-makers operate in a legal system characterized by the formalist or particularist approach to legal interpretation, with formalist systems being less susceptible to the effect. To test this hypothesis, we compare the results of experimental studies on ACP run on samples from two countries differing in legal culture: Poland and Brazil. The lack of significant differences between those results suggests that ACP is a robust effect in the legal context.

O uso de regras prescritivas no campo da fi losofi a prática é abundante, especialmente no campo do direito. O presente artigo pretende fazer uma análise do papel das regras no direito e levantar um aparente paradoxo envolvido na aplicação de regras. Algumas posições possíveis em relação ao paradoxo serão elucidadas. In practical reasoning in general and specially in the legal fi eld, we see an abundance of prescriptive rules. The paper attempts to analyze the role of rules in law, as well as to explore what seems to be a paradox concerning rule application. Some different postures regarding the paradox will be elucidated

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 across (k = 15) countries, owing to variation in the impact of moral appraisals on judgments of rule violation. Compared with laypeople, legal experts were more inclined to disregard their moral evaluations of the acts altogether and consequently exhibited stronger textualist tendencies. Finally, we evaluated a plausible mechanism for the emergence of textualism: in a two-player coordination game, incentives to coordinate in the absence of communication reinforced participants’ adherence to rules’ literal meaning. Together, these studies (total n = 5,794) help clarify the origins and allure of textualism, especially in the law. Within heterogeneous communities in which members diverge in their moral appraisals involving a rule’s purpose, the rule’s literal meaning provides a clear focal point—an identifiable point of agreement enabling coordinated interpretation among citizens, lawmakers, and judges.

There has been considerable debate in legal philosophy about how to attribute purposes to rules. Separately, within cognitive science, there has been a growing body of research concerned with questions about how people ordinarily attribute purposes. Here, we argue that these two separate fields might be connected by experimental jurisprudence. Across four studies, we find evidence for the claim that people use the same criteria to attribute purposes to physical objects and to rules. In both cases, purpose attributions appear to be governed not so much by original intention or by moral value as by current practice. We argue that these findings in the cognitive science of purpose attribution have implications for jurisprudential questions involving purposivist legal interpretation.

Defenders and opponents of judicial review under charters of rights often share political ideals, and yet disagree deeply on the best means to pro- mote them or on the proper way to balance them in the event of conflict. In his most recent book, Wil Waluchow attempts to provide a theory of judicial review which deals adequately with the popular ideals of stability and adaptability. The cornerstone of his argument is the notion of community morality - that which enables constitutional adjudicators to develop charter law (adaptability) while remaining loyal to democratic and rule of law principles (stability). The aim of this paper is to offer a critique of the notion of community morality; in particular, the aim is to challenge the assumption that the morality of the members of modern plural societies is as uniform as Waluchow’s theory requires it to be.Resumen:Los defensores y oponentes de la figura del judicial review que se lleva a cabo a través de la defensa de las garantías individuales en ocasiones comparten puntos de vista en relación con los ideales políticos, sin embargo, existen profundos desacuerdos en cuanto a la mejor forma de promocionarlos o en cuanto a la manera apropiada de decidir casos concretos en casos de conflicto. En su más reciente libro, Wil Waluchow intenta proporcionar una teoría del judicial review que atienda adecuadamente los ideales comunes de estabilidad y adaptabilidad. El punto medular de su argumento es la noción de la moralidad de la comunidad—aquella que permite a los jueces constitucionales desarrollar las garantías y derechos (adaptabilidad) mientras que se continúa leal a los principios de democracia y Estado de derecho (estabilidad)—. El objetivo de este trabajo es ofrecer una crítica a esta noción de moralidad de la comunidad, concretamente el objetivo es plantear un reto a la cuestión de asumir que la moralidad de los miembros de las sociedades modernas plurales es tan uniforme como lo exige la teoría de Waluchow.

Prescriptive rules guide human behavior across various domains of community life, including law, morality, and etiquette. What, specifically, are rules in the eyes of their subjects, i.e., those who are expected to abide by them? Over the last sixty years, theorists in the philosophy of law have offered a useful framework with which to consider this question. Some, following H. L. A. Hart, argue that a rule’s text at least sometimes suffices to determine whether the rule itself covers a case. Others, in the spirit of Lon Fuller, believe that there is no way to understand a rule without invoking its purpose — the benevolent ends which it is meant to advance. In this paper we ask whether people associate rules with their textual formulation or their underlying purpose. We find that both text and purpose guide people’s reasoning about the scope of a rule. Overall, a rule’s text more strongly contributed to rule infraction decisions than did its purpose. The balance of these considerations, however, varied across experimental conditions: In conditions favoring a spontaneous judgment, rule interpretation was affected by moral purposes, whereas analytic conditions resulted in a greater adherence to textual interpretations. In sum, our findings suggest that the philosophical debate between textualism and purposivism partly reflects two broader approaches to normative reasoning that vary within and across individuals. Keywords: , the concept of law, rules, legal psychology, Hart, Fuller.