The prevailing justification for constitutional institutions is that such institutions reflect and enable rational solutions to social problems. However, constitutions are constructed through emotionally driven processes that reflect both the public sentiments of the day and, at least to some extent, basic moral emotions. Historical examples from France and the United States demonstrate the role of such emotional processes in shaping the design of liberal constitutionalism. Further, constitutional law both sets and regulates emotional display rules; favors or disfavors certain emotional (...) commitments; and, particularly through the formulation of fundamental human rights, reflects and shapes emotional moral judgments. The emotional contributors to constitutional design and interpretation may be called “constitutional sentiments.”. (shrink)

Mind perception is the essence of moral judgment. Broadly, moral standing is linked to perceptions of mind, with moral responsibility tied to perceived agency, and moral rights tied to perceived experience. More specifically, moral judgments are based on a fundamental template of two perceived minds—an intentional agent and a suffering patient. This dyadic template grows out of the universal power of harm, and serves as a cognitive working model through which even atypical moral events are understood. Thus, all instances of (...) immorality are perceived to involve both blameworthy agents (i.e., acts) and suffering victims (i.e., consequences). Because moral cognition simultaneously concerns acts and consequences, theories which focus primarily on acts (i.e., deontology) or consequences (i.e., utilitarianism) do not accurately describe moral cognition. Indeed, the phenomenon of dyadic completion suggests that deontological and utilitarian concerns are not only simultaneously active, but also typically compatible and reinforcing: wrong acts have harmful consequences, and harmful consequences stem from wrong acts. The cognitive fusion of acts with consequences suggests that normative conflicts between deontology and utilitarianism are not reflected in everyday moral judgment. This in turn suggests that empirical conclusions drawn from moral dilemmas that pit utilitarianism against deontology—i.e., trolley problems—give an skewed account of moral cognition. (shrink)

Despite growing interest in emotions, organizational scholars have largely ignored the moral emotion of schadenfreude, which refers to pleasure felt in response to another’s misfortune. As a socially undesirable emotion, it might be assumed that individuals would be hesitant to share their schadenfreude. In two experimental studies involving emotional responses to unethical behaviors, we find evidence to the contrary. Study 1 revealed that subjects experiencing schadenfreude were willing to share their feelings, especially if the misfortune was perceived to be deserved. (...) Study 2 extends this work by incorporating schadenfreude targets of different status. Consistent with the “tall poppy syndrome,” subjects were more willing to share schadenfreude concerning high status targets than low status targets when the perceived severity of the target’s misconduct was low. This status effect disappeared at higher levels of perceived deservingness, however. Reported willingness to share schadenfreude was strongest at these levels but did not differ significantly between high and low status targets. These findings build on the social functional account of emotions, suggesting that sharing schadenfreude may signal normative cues to others regarding workplace behaviors that are deemed to be unethical. (shrink)