Ivar Rodríguez Hannikainen: «Legal decision-making and the abstract/concrete paradox»

Ivar Rodríguez Hannikainen, investigador asociado en FiloLab, junto con Noel Struchiner y Guilherme de Almeida han publicado el trabajo titulado «Legal decision-making and the abstract/concrete paradox» en la revista Cognition.

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 of judicial reasoning. In a series of experiments, both lay and professional judges sometimes reached opposite conclusions when reasoning about concrete cases versus the underlying issues formulated in abstract terms. This effect emerged whether participants reasoned with broad principles, such as human dignity, or narrow rules, and was largest among individuals high in trait empathy. Taken together, our studies suggest that empathic concern plays a greater role in guiding the judicial resolution of concrete cases than in illuminating judges’ professed standards—which may result in concrete decisions in violation of their own abstract principles.

Enlace a la publicación aquí.


Deja una respuesta

Tu dirección de correo electrónico no será publicada. Los campos obligatorios están marcados con *