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Fuller and the Folk: The Inner Morality of Law Revisited

In Oxford Studies in Experimental Philosophy, Volume 3. Oxford: pp. 6-28 (2020)

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  1. The Experimental Philosophy of Law: New Ways, Old Questions, and How Not to Get Lost.Karolina Magdalena Prochownik - 2021 - Philosophy Compass 16 (12):e12791.
  • Difference and Robustness in the Patterns of Philosophical Intuition Across Demographic Groups.Joshua Knobe - forthcoming - Review of Philosophy and Psychology.
    In a recent paper, I argued that philosophical intuitions are surprisingly robust both across demographic groups and across development. Machery and Stich reply by reviewing a series of studies that do show significant differences in philosophical intuition between different demographic groups. This is a helpful point, which gets at precisely the issues that are most relevant here. However, even when one looks at those very studies, one finds truly surprising robustness. In other words, despite the presence of statistically significant differences (...)
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  • 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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  • King, Fuller and Dworkin Natural Law and Hard Cases.Muhammad Mustafa Rashid - 2020 - Economic and Social Thought.
    The debate between natural law and positivist law has been received much attention. Ronald Dworkin exposes the limitation of positivist law through the argument of hard cases. This argument is furthered strengthened when we apply the interpretation of Martin Luther King Jr and the voluntarist natural law tradition, and Lon Fuller’s ‘procedural view’ and the application of the ‘principles of legality’.
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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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  • Experimental Insights for International Legal Theory.Anne van Aaken - 2019 - European Journal of International Law 30 (4):1237–1262.
    Insights from experimental psychology and economics have rarely been applied to the study of international law and never to the study of international legal theory. This article applies them to socio-legal international theory that has grosso modo two important background paradigms with several variants: rationalist and constructivist. In both paradigms, the interest in understanding and explaining international law by uncovering causal mechanisms in international cooperation and compliance and in asking how cooperation is sustained in a system as decentralized as international (...)
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