Two samples of participants (N≅500) who responded to 20 to 40 cases indicated that most people had both textualist and purposivist intuitions (about rules or "laws" like "no shooting animals" and "no smartphones in the classroom").
More data indicating that empathy correlated positively with purposive interpretations and negatively with textualist interpretations.
Other individual difference constructs that predicted variance in how people apply rules: action aversion, outcome aversion, control aversion, and some Big 5 personality constructs.
Implications
• People seem to share a single concept of rule that has a dual character in nature. This goes against contemporary worries in jurisprudence that propose purely interpersonal explanations of disagreement in legal interpretation. It also bolds well with recent accounts of philosophical problems, specially Knobe's (forthcoming)
• Obama appears to have been right: individual differences in the
"breadth of one's empathy" do indeed matter in the application of rules, but much less than whether the rule's text was violated.
Now the #ExperimentalPhilosophy Society session!
@almeida2808.bsky.social presented #xJur data with @lawstuff.bsky.social and Ivar Hannikainen: "Trait #Empathy Predicts Purposivist Rule Application"
Results in image #altText
#openAccess preprint: dx.doi.org/10.2139/ssrn...
#xPhi #law #textualism