Are There Cross‐Cultural Legal Principles? Modal Reasoning Uncovers Procedural Constraints on Law

Are There Cross‐Cultural Legal Principles? Modal Reasoning Uncovers Procedural Constraints on Law Ivar R. Hannikainen Kevin Tobia Guilherme da F. C. F. de Almeida Raff Donelson Vilius Dranseika Markus Kneer Niek Strohmaier Piotr Bystranowski Kristina Dolinina Bartosz Janik Sothie Keo Eglė Lauraitytė Alice Liefgreen Maciej Próchnicki Alejandro Rosas Noel Struchiner

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Are There Cross‐Cultural Legal Principles? Modal Reasoning Uncovers Procedural Constraints on Law 2021 Cognitive Science 10.1111/cogs.13024 hannikainen2021-are-there-cross-cultural-legal-pri hannikainen2021-are-there-cross-cultural-legal-pri.txt, the project's staged copy 966bb0cc4a03d148916b30971cb7a50734dfccb3 open-access experimental-jurisprudence

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0 spans located by searching the stored text for the quote's exact words, allowing any whitespace between them existence Quotation withheld because this record is not cleared for redistribution. lay beliefs about procedural constraints on law Quotation withheld because this record is not cleared for redistribution. behavioural-experiment behavioural-experiment Quotation withheld because this record is not cleared for redistribution. mechanisms Judgments about possible laws are generated from a prototype or essentialized concept of law, assembled from simpler concepts such as norm, fairness and punishment, that is only weakly tied to experience of actual laws Quotation withheld because this record is not cleared for redistribution. mechanisms Asking about possible rather than actual laws shifts attention from surface features to the deeper criteria for category membership, such as the purpose or moral dimension of law Quotation withheld because this record is not cleared for redistribution. mechanisms Prescriptive reasoning bleeds into descriptive judgment: asked whether laws necessarily have a property, participants also weigh whether that property is desirable — a mechanism the paper proposes and then partly disconfirms Quotation withheld because this record is not cleared for redistribution. The study documents the effect but not the cognitive mechanism producing the contradictory beliefs. what this limits: any mechanistic reading: OUR STUDY ... AFFORDED LIMITED INSIGHT INTO THE PSYCHOLOGICAL PROCESSES THAT ENGENDER CONFLICTING BELIEFS Quotation withheld because this record is not cleared for redistribution. Prescriptive thinking was measured only by explicit self-report, leaving unconscious routes untested. what this limits: the prescriptive-thinking measure: WE ASSESSED PARTICIPANTS' ENGAGEMENT IN PRESCRIPTIVE THINKING THROUGH THEIR EXPLICIT REPORTS, [which] LEAVES OPEN UNCONSCIOUS PATHWAYS Quotation withheld because this record is not cleared for redistribution. Effect size varied substantially by country, which may indicate cultural variability or sampling differences. what this limits: the cross-cultural generality claim: THE MAGNITUDE OF THE EFFECT VARIED SUBSTANTIALLY ACROSS COUNTRIES, WHICH MAY IMPLY SOME DEGREE OF CULTURAL VARIABILITY - or sampling differences, and the study cannot choose Quotation withheld because this record is not cleared for redistribution. The effect is documented but its mechanism is not: the study is stated to give limited insight into the processes that produce the conflicting beliefs. what this limits: explaining WHY people hold both beliefs: the authors state the study evidences the phenomenon but gives limited insight into the psychological processes producing it Quotation withheld because this record is not cleared for redistribution. Only explicit reports of prescriptive thinking were measured, so an unconscious route from moral considerations to judgements of possibility remains open by the authors' own statement. what this limits: the claim that the effect is not moral in origin: the authors rule this out only for prescriptive thinking that participants could report, and say so Quotation withheld because this record is not cleared for redistribution. The cross-country variation in effect size cannot be attributed: culture and sampling method are confounded, because recruitment differed substantially across sites. what this limits: reading the country differences as cultural variability: the authors state sampling methods differed substantially across sites, so the variation might instead reflect sample composition or acquiescence Quotation withheld because this record is not cleared for redistribution. The two-way classification of legal systems used to select sites is reported by the authors as sometimes seen as too coarse. what this limits: the common-law versus civil-law contrast as the axis of cross-cultural comparison: the paper notes the distinction is sometimes seen as overly coarse Quotation withheld because this record is not cleared for redistribution. The per-site sample target was not met everywhere. what this limits: per-country estimates: the stated minimum of 100 per condition per site Quotation withheld because this record is not cleared for redistribution. an axiom of modal logic — that what is actual is thereby possible — is imported to turn the two response patterns into a demonstrable contradiction and so to derive the experimental prediction Quotation withheld because this record is not cleared for redistribution. the direction of the finding fixed in advance by a REGISTERED PREDICTION eliminates: post-hoc reinterpretation of whichever way the result fell - the paper reports confirming its prediction AND a paradoxical second finding beside it, so the registration is doing work rather than decorating a clean story · outcome (stated by the tagger, no quotation): held Quotation withheld because this record is not cleared for redistribution. alethic modality alethic modality Quotation withheld because this record is not cleared for redistribution. deontic properties deontic properties Quotation withheld because this record is not cleared for redistribution. procedural principles procedural principles Quotation withheld because this record is not cleared for redistribution. rule of law rule of law Quotation withheld because this record is not cleared for redistribution. Rule of Law Index Rule of Law Index Quotation withheld because this record is not cleared for redistribution. modality - alethic: necessity and possibility, what could be the case Quotation withheld because this record is not cleared for redistribution. modality - deontic: permission and obligation, what is allowed or desirable — and the paper states that although the two are easily distinguished IN THOUGHT, natural language expresses them imperfectly Quotation withheld because this record is not cleared for redistribution. law - the concept: what participants report laws NECESSARILY are, which the paper reports as defying their own grasp of how legal systems actually work Quotation withheld because this record is not cleared for redistribution. law - the practice: what participants report actual laws are like, where the same people acknowledge the principles are violated Quotation withheld because this record is not cleared for redistribution. rule of law - operationalised as a survey index scoring nations on eight dimensions Quotation withheld because this record is not cleared for redistribution. extends → Donelson and Hannikainen (2020) Quotation withheld because this record is not cleared for redistribution. builds-on → Donelson and Hannikainen (2020) materials Quotation withheld because this record is not cleared for redistribution. rule of law —operationalised-as→ Rule of Law Index rule of law Rule of Law Index strength of the relation: 1 Quotation withheld because this record is not cleared for redistribution. logistic regression logistic regression Quotation withheld because this record is not cleared for redistribution. mixed-effects logistic regression mixed-effects logistic regression Quotation withheld because this record is not cleared for redistribution. mixed-effects linear regression mixed-effects linear regression Quotation withheld because this record is not cleared for redistribution. odds ratio odds ratio Quotation withheld because this record is not cleared for redistribution. chi-squared chi-squared Quotation withheld because this record is not cleared for redistribution. confidence interval confidence interval Quotation withheld because this record is not cleared for redistribution. latent profile analysis latent profile analysis Quotation withheld because this record is not cleared for redistribution. statistical power analysis statistical power analysis Quotation withheld because this record is not cleared for redistribution. correlation correlation Quotation withheld because this record is not cleared for redistribution. standard deviation standard deviation Quotation withheld because this record is not cleared for redistribution. As preregistered, people both denied that such laws can exist and affirmed, paradoxically, that they do. Quotation withheld because this record is not cleared for redistribution. Participants asked about actual laws said those laws violate the procedural principles about half the time, whereas participants asked about possible laws overwhelmingly denied that the same principles could be violated. Quotation withheld because this record is not cleared for redistribution. The condition effect held in each country analysed on its own. Quotation withheld because this record is not cleared for redistribution. The effect also held separately for each of the eight procedural principles tested. Quotation withheld because this record is not cleared for redistribution. The size of the effect nevertheless differed by country, being weakest in India and the United Kingdom and strongest in Brazil and Poland. Quotation withheld because this record is not cleared for redistribution. The size of the effect also differed by principle, being smallest for the generality principle and largest for the consistency principle. Quotation withheld because this record is not cleared for redistribution. A post-test showed the manipulation worked as intended on the existential side: the 'There are laws' wording was read as a question about what laws are usually like in the respondent's experience. Quotation withheld because this record is not cleared for redistribution. The modal wording, however, was read in two ways at once — as asking what laws must be like to count as law, and as asking what laws ideally should be like. Quotation withheld because this record is not cleared for redistribution. The predicted effect held even among the minority who reported a selective interpretation of the modal wording. Quotation withheld because this record is not cleared for redistribution. The preregistered prediction held robustly across age groups, genders, and lawyers and non-lawyers. Quotation withheld because this record is not cleared for redistribution. People believe laws necessarily cannot punish past conduct retroactively, be kept secret, or be incomprehensible, while also acknowledging that real laws break exactly these constraints. Quotation withheld because this record is not cleared for redistribution. alethic modals alethic modals Quotation withheld because this record is not cleared for redistribution. deontic properties deontic properties Quotation withheld because this record is not cleared for redistribution. Rule of Law Index Rule of Law Index Quotation withheld because this record is not cleared for redistribution. intuitive jurisprudence intuitive jurisprudence Quotation withheld because this record is not cleared for redistribution. endorsement endorsement Quotation withheld because this record is not cleared for redistribution. country country Quotation withheld because this record is not cleared for redistribution. procedural principle procedural principle Quotation withheld because this record is not cleared for redistribution. interpretation of the task interpretation of the task Quotation withheld because this record is not cleared for redistribution. existential statements existential statements Quotation withheld because this record is not cleared for redistribution. modal statements modal statements Quotation withheld because this record is not cleared for redistribution. age age Quotation withheld because this record is not cleared for redistribution. gender gender Quotation withheld because this record is not cleared for redistribution. legal background legal background Quotation withheld because this record is not cleared for redistribution. N = 3,054 — total participants in the between-subjects experiment Quotation withheld because this record is not cleared for redistribution. 11 — countries in which the experiment was administered Quotation withheld because this record is not cleared for redistribution. pˆ = .54 vs pˆ = .81, OR = 3.74 — predicted probability of saying a principle is violated (Actual condition) versus could be violated (Possible condition), and the odds ratio between conditions Quotation withheld because this record is not cleared for redistribution. OR = 1.79 to OR = 13.97 — range of the condition effect across the eight principles, from the generality principle to the consistency principle Quotation withheld because this record is not cleared for redistribution. ORs < 1.60 and ORs > 7.50 — smallest country-level effects (India, United Kingdom) versus largest (Brazil, Poland) Quotation withheld because this record is not cleared for redistribution. n = 352 — participants in the Actual condition forming the minority latent profile who reported reflecting only on empirical facts about law Quotation withheld because this record is not cleared for redistribution. OR = 3.46, z = 11.65, p < .001 — size of the condition effect within the minority profiles who interpreted the task selectively Quotation withheld because this record is not cleared for redistribution. β = .20, odds ratio ≥ 1.40, α = .05 — power, minimum detectable effect and alpha level targeted by the planned sample size Quotation withheld because this record is not cleared for redistribution. target n = 200/site — minimum sample size planned per field site (100 per condition), reached everywhere except Cambodia Quotation withheld because this record is not cleared for redistribution. N = 3,054 — total participants across 11 countries Quotation withheld because this record is not cleared for redistribution. OR = 3.74 — odds of endorsing a procedural principle in the Possible condition versus the Actual condition Quotation withheld because this record is not cleared for redistribution. OR = 1.79 to OR = 13.97 — range of the condition effect across the eight principles: smallest for generality, largest for consistency Quotation withheld because this record is not cleared for redistribution.

The full text of this article is not redistributable, so it is not included here. The evidence sentences are withheld with it; the tag layer and its grounding status remain. The article itself is at https://doi.org/10.1111/cogs.13024.