Are There Cross‐Cultural Legal Principles? Modal Reasoning Uncovers Procedural Constraints on Law — TEI-tagged view

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 · 2021 · experimental-jurisprudence · doi:10.1111/cogs.13024 · full text at the source · TEI xml · tagged edition · index · concepts · authors
Where this record's text came from. faceted 2026-08 by reading the locally held text (pdftext); every evidence string verified as an exact substring of that text before merging. Replication status set to 'replicated' because the paper is itself a preregistered cross-cultural and cross-linguistic reproduction of an earlier US finding, and reports the effect as significant in every one of the 11 countries analysed separately. The theoretical framing draws heavily on Fuller (1964), but the paper cites Fuller as background rather than positioning its own claim for or against him, so no claim_relation to Fuller was recorded. 2026-08-14 and 2026-08-15 schema-0.3 passes: every quote verified as an exact substring of the staged text and anchored at merge time; concept terms verified present; every edge endpoint an existing node.
Other fields define these differently the same word, defined another way in another discipline
logistic regression 3 fields · standard deviation 3 fields · gender 2 fields · confidence interval 2 fields
Tags on this paper every tag the record carries, whether or not the words occur in the text below — a number is how many papers in the corpus carry that tag; a tag with no number is unique to this paper
alethic modality deontic properties procedural principles rule of law Rule of Law Index behavioural-experiment117

Our tag layer for this paper

Cross-disciplinary analysis
content-tags & facets: phenomenon · claim-type · cross-domain-transfer · mechanism · claim-relation · replication-status · limitation — grounded in the full text
phenomenonlay beliefs about procedural constraints on law— “In our present study, we pursue a related prediction: namely, that people around the world share an intuitive grasp of the formal properties of law—as well as its content.”
claim-typeexistence— “Confirming our preregistered prediction, people reported that such laws cannot exist, but also (paradoxically) that there are such laws.”
method — evidence— “In the present report, we evaluate this thesis through an experiment administered in 11 different countries.”
transferfrom modal logic (philosophy/formal logic): 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— “According to most systems of modal logic, if there exists even a single retrospective law, it follows that retrospective laws certainly could exist—in virtue of axiom M.”transfers[0]
mechanismJudgments 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— “Such a concept could be a prototype, or essentialized belief—arising from the simpler concepts of “norm,” “fairness,” and “punishment,” for example—and which depends weakly on one’s experience with actual laws.”mechanisms[0]
mechanismAsking 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— “Potentially, by comparison to empirical reasoning about actual laws, modal reasoning about possible laws draws attention toward deeper criteria for category membership (i.e., could true laws lack these procedural properties?), such as the purpose of laws”mechanisms[1]
mechanismPrescriptive 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— “Our present findings could be understood as a manifestation of the latter phenomenon: When prompted to reason about whether laws necessarily exhibit certain procedural constraints, most participants also considered whether such constraints would be desirable or undesirable.”mechanisms[2]
extends Donelson and Hannikainen (2020)— “In sum, generalizing the findings of Donelson and Hannikainen (2020), participants in the Possible condition tended to report that laws could not violate various procedural principles even while participants in the Actual condition recognized that they often do.”claim_relations[0]
builds-on Donelson and Hannikainen (2020) materials— “The stimuli were adapted from Donelson and Hannikainen (2020) and translated into eight additional languages by native speakers: Dutch, German, Hindi, Khmer, Lithuanian, Polish, Portuguese, and Spanish.”claim_relations[1]
sensemodality - alethic: necessity and possibility, what could be the case— “Collectively, these are referred to as alethic modals, insofar as they purport to assess questions of necessity and possibility.”senses[0]
sensemodality - 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— “Though these varieties of modality are easily distinguished in thought, natural languages tend to offer imperfect ways of doing so—raising the possibility that participants interpreted the statements in our experiment as deontic rather than alethic modals.”senses[1]
senselaw - the concept: what participants report laws NECESSARILY are, which the paper reports as defying their own grasp of how legal systems actually work— “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.”senses[2]
senselaw - the practice: what participants report actual laws are like, where the same people acknowledge the principles are violated— “participants in the Possible condition tended to report that laws could not violate various procedural principles even while participants in the Actual condition recognized that they often do.”senses[3]
senserule of law - operationalised as a survey index scoring nations on eight dimensions— “The Rule of Law Index draws on thousands of household and expert surveys worldwide to quantify the strength of the rule of law across nations along eight complementary dimensions: constraints on government, absence of corruption and “revolving doors,” open government (guaranteeing information and civic participation), fundamental rights…senses[4]
controlthe direction of the finding fixed in advance by a REGISTERED PREDICTION — held — rules out 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— “Confirming our preregistered prediction, people reported that such laws cannot…controls[0]
edgerule of law —operationalised-as→ Rule of Law Indexconcept_edges[0]
outcome (stated by the tagger, no quotation)control — heldcontrols[0]
for which uselimitation — any mechanistic reading: OUR STUDY ... AFFORDED LIMITED INSIGHT INTO THE PSYCHOLOGICAL PROCESSES THAT ENGENDER CONFLICTING BELIEFSlimitations[0]
for which uselimitation — the prescriptive-thinking measure: WE ASSESSED PARTICIPANTS' ENGAGEMENT IN PRESCRIPTIVE THINKING THROUGH THEIR EXPLICIT REPORTS, [which] LEAVES OPEN UNCONSCIOUS PATHWAYS
Quotation withheld — this paper is not ours to reproduce, and the page has already quoted as much of it as the rights layer allows. The tag, its field and its confidence stand; the sentence is at the publisher.
limitations[1]
for which uselimitation — 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
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limitations[2]
for which uselimitation — explaining WHY people hold both beliefs: the authors state the study evidences the phenomenon but gives limited insight into the psychological processes producing it
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limitations[3]
for which uselimitation — 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 — this paper is not ours to reproduce, and the page has already quoted as much of it as the rights layer allows. The tag, its field and its confidence stand; the sentence is at the publisher.
limitations[4]
for which uselimitation — 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 — this paper is not ours to reproduce, and the page has already quoted as much of it as the rights layer allows. The tag, its field and its confidence stand; the sentence is at the publisher.
Quotation withheld — this paper is not ours to reproduce, and the page has already quoted as much of it as the rights layer allows. The tag, its field and its confidence stand; the sentence is at the publisher.
limitations[5]
for which uselimitation — 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
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limitations[6]
for which uselimitation — per-country estimates: the stated minimum of 100 per condition per site
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limitations[7]
replicationreplicated
limitationThe study documents the effect but not the cognitive mechanism producing the contradictory beliefs.
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limitations[0]
limitationPrescriptive thinking was measured only by explicit self-report, leaving unconscious routes untested.
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limitations[1]
limitationEffect size varied substantially by country, which may indicate cultural variability or sampling differences.
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limitations[2]
limitationThe effect is documented but its mechanism is not: the study is stated to give limited insight into the processes that produce the conflicting beliefs.
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limitations[3]
limitationOnly 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.
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limitations[4]
limitationThe cross-country variation in effect size cannot be attributed: culture and sampling method are confounded, because recruitment differed substantially across sites.
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limitations[5]
limitationThe two-way classification of legal systems used to select sites is reported by the authors as sometimes seen as too coarse.
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limitations[6]
limitationThe per-site sample target was not met everywhere.
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limitations[7]
Content tags
content-observations: finding · quantity · variable · definition · key-term — grounded in the full text
findingAs preregistered, people both denied that such laws can exist and affirmed, paradoxically, that they do.
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content_tags.findings[0]
findingParticipants 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.
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content_tags.findings[1]
findingThe condition effect held in each country analysed on its own.
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content_tags.findings[2]
findingThe effect also held separately for each of the eight procedural principles tested.
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content_tags.findings[3]
findingThe size of the effect nevertheless differed by country, being weakest in India and the United Kingdom and strongest in Brazil and Poland.
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content_tags.findings[4]
findingThe size of the effect also differed by principle, being smallest for the generality principle and largest for the consistency principle.
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content_tags.findings[5]
findingA 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.
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content_tags.findings[6]
findingThe 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.
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content_tags.findings[7]
findingThe predicted effect held even among the minority who reported a selective interpretation of the modal wording.
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content_tags.findings[8]
findingThe preregistered prediction held robustly across age groups, genders, and lawyers and non-lawyers.
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content_tags.findings[9]
findingPeople believe laws necessarily cannot punish past conduct retroactively, be kept secret, or be incomprehensible, while also acknowledging that real laws break exactly these constraints.
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content_tags.findings[10]
quantityN = 3,054 — total participants in the between-subjects experiment
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content_tags.quantities[0]
quantity11 — countries in which the experiment was administered
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content_tags.quantities[1]
quantitypˆ = .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
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content_tags.quantities[2]
quantityOR = 1.79 to OR = 13.97 — range of the condition effect across the eight principles, from the generality principle to the consistency principle
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content_tags.quantities[3]
quantityORs < 1.60 and ORs > 7.50 — smallest country-level effects (India, United Kingdom) versus largest (Brazil, Poland)
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content_tags.quantities[4]
quantityn = 352 — participants in the Actual condition forming the minority latent profile who reported reflecting only on empirical facts about law
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content_tags.quantities[5]
quantityOR = 3.46, z = 11.65, p < .001 — size of the condition effect within the minority profiles who interpreted the task selectively
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content_tags.quantities[6]
quantityβ = .20, odds ratio ≥ 1.40, α = .05 — power, minimum detectable effect and alpha level targeted by the planned sample size
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content_tags.quantities[7]
quantitytarget n = 200/site — minimum sample size planned per field site (100 per condition), reached everywhere except Cambodia
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content_tags.quantities[8]
quantityN = 3,054 — total participants across 11 countries
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content_tags.quantities[9]
quantityOR = 3.74 — odds of endorsing a procedural principle in the Possible condition versus the Actual condition
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content_tags.quantities[10]
quantityOR = 1.79 to OR = 13.97 — range of the condition effect across the eight principles: smallest for generality, largest for consistency
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content_tags.quantities[11]
variableendorsement (dependent)
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content_tags.variables[2]
variablecountry (moderator)
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content_tags.variables[3]
variableprocedural principle (moderator)
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content_tags.variables[4]
variableinterpretation of the task (moderator)
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content_tags.variables[5]
variableexistential statements (independent)
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content_tags.variables[7]
variablemodal statements (independent)
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content_tags.variables[8]
variableage (covariate)
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content_tags.variables[9]
variablegender (covariate)
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content_tags.variables[10]
variablelegal background (covariate)
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content_tags.variables[11]
definitionalethic modals
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content_tags.definitions[0]
definitiondeontic properties
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content_tags.definitions[1]
definitionRule of Law Index
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content_tags.definitions[3]
definitionintuitive jurisprudence
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content_tags.definitions[4]
Concepts
terms this paper carries, each with the sentence it was cut from — the layer that joins one paper to another. Terms with no quote yet are on CONCEPTS.html.
conceptalethic modality
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concepts[0]
conceptdeontic properties
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concepts[1]
conceptprocedural principles
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concepts[2]
conceptrule of law
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concepts[3]
conceptRule of Law Index
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concepts[4]
Statistics — cross-field join keys
field-invariant statistical terms, used in their statistical sense (gated on a number / symbol / test). A p-value or a standard deviation means the SAME thing in physics, biology, psychology and sociology — so these are the strongest cross-field join keys. Grounded verbatim.
logistic regression pˆ as written: logistic regression models predicting the probability
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content_tags.statistics[0]
mixed-effects logistic regression as written: mixed-effects logistic regression model ... crossed random effects
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content_tags.statistics[1]
mixed-effects linear regression as written: mixed-effects linear regression models with country as a random effect
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content_tags.statistics[2]
odds ratio OR as written: OR
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content_tags.statistics[3]
chi-squared χ 2 as written: χ 2
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content_tags.statistics[4]
confidence interval CI as written: 95% CIasymptotic
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content_tags.statistics[5]
latent profile analysis as written: latent profile analyses
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content_tags.statistics[6]
statistical power analysis β as written: adequate statistical power (β = .20)
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content_tags.statistics[7]
correlation as written: moderately correlated
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content_tags.statistics[8]
standard deviation SD as written: SD
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content_tags.statistics[9]

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