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. (shrink)

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. (shrink)

A cross-cultural survey experiment revealed a widespread tendency to rely on a rule’s letter over its spirit when deciding which acts violate the rule. This tendency’s strength varied markedly across (k = 15) field sites, owing to cultural variation in the impact of moral appraisals on judgments of rule violation. Compared to laypeople, legal experts were more inclined to disregard their moral evaluations of the acts altogether, and consequently exhibited more pronounced 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 (Ntotal = 5495) 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 easily identifiable point of agreement enabling coordinated interpretation among citizens, lawmakers and judges. (shrink)

The aim of this paper is very modest. First, we want to assess how different strategies of naturalization might deal with the need of using folk psychology in legal domain. Second, we want to check whether folk psychology is indeed indispensable in the legal domain. Third, we want to describe possible problems with one strategy of naturalization, i.e. radical naturalization with classical elimination. Our conclusion will be that despite various attempts, every project of naturalization of law will have to resolve (...) the tension between law and folk psychology and such resolution would not be achieved by simple reduction or elimination of folk psychology. A variety of non-standard solutions might be in place to resolve this tension. We will only outline those strategies here. (shrink)

In this paper, we present a new questionnaire for the assessment of self-control as an individual trait. We describe the process of construction of this assessment tool. We also report the results of relevant validation studies. The questionnaire has two independent versions, one based on self-reports and another one based on other-reports. The first version consists of five subscales, called Initiative and Persistence, Proactive Control, Switching and Flexibility, Inhibition and Adjournment, and Goal Maintenance. Seven samples of participants took part in (...) the validation study. The second version has not been split into subscales. Both versions obtained satisfactory indices of internal consistency, assessed with Cronbach’s alpha. The NAS-50 and NAS-40 scores were highly correlated with other measures of self-control, including Tangney, Baumeister, and Boone’s self-control scale. They also proved to be entirely independent of general intelligence. In conclusion, both versions can be regarded reliable and valid enough, and therefore suitable for the assessment of trait self-control for research purposes. (shrink)

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. (shrink)

The paper critically examines the conception of majoritarian democracy. In the second part of the text, the author introduces the definition of majoritarian democracy based on the Joseph Schumpeter’s theory of minimal democracy. The thesis of the paper is that electing the government by universal suffrage is neither necessary nor sufficient as a condition for a democratic regime. The concept of democracy is broader, including the catalogue of democratic values connected with the concept of democratic citizenship, special circumstances of political (...) action and the limitation of government powers. (shrink)

ARE NEURAL CORRLEATES OF CONSCIOUSSNESS NECESSARY FOR PHILOSOPHY? This article discusses philosophical issues concerning theory of neural correlates of consciousness (NCC) and the possible philosophical interpretation of the positions taken by scholars dealing with these issues, whether these views expressly refer to the philosophy of mind, or not. In the first part I will present existing theories regarding the NCC, and try to find their common ground. The concept of NCC was defined by D. Chalmers, by F. Crick and Ch. (...) Koch, and by A. Damasio and it is argued that those definitions are perfectly complementary. The summary of this section presents the methodological problems associated with the theory of NCC pointed out by J. Bremer. In the second part, the intersection of the positions is contrasted with the classical discussion concerning the philosophy of mind and interpreted from a philosophical point of view. In particular, the issue of possible points of contact between the classical phenomenological method and NCC is pursued. (shrink)

Advancements in neuroscience cast new light on the functioning of the human mind. This is especially important within the context of criminal law, wherein consciousness plays a crucial role in determining criminal responsibility. Yet, there are some caveats in the direct application of these new findings, most of which are related to the specific conceptual framework of law based upon commonsense knowledge and (sometimes) outdated psychology. This framework has also produced different doctrines of interpretation in the systems of common and (...) civil law. Moreover, the goals of the law are to some extent different from scientific research on the brain. The aim of this study is to assess to what extent and under what interpretation scientific knowledge concerning consciousness might be useful for legal purposes, especially for the criminal law. Our assessment is that most of the current concepts of criminal law are directly related to outdated psychological and neuroscientific theories, and that the content of those concepts should be updated according to the newest scientific findings while remaining in accordance with the primary functions of criminal law. (shrink)

Recenzja książki: _Panorama współczesnej filozofii_, Jacek Hołówka, Bogdan Dziobkowski, Wydawnictwo Naukowe PWN, Warszawa 2016, ss. 559.

The purpose of this article is to analyze the issue of delusions as natural kinds in the context of the problem of scientific basis of psychiatry. In the analysis the author points out that the claim that delusions are a natural kind (perceived rather classically) cannot be maintained and delusions should be analyzed rather as a homeostatic property clusters. This concept is very popular recently in philosophy of psychiatry and will be the subject of analysis of the second part of (...) the article. (shrink)