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Abstract principles and concrete cases in intuitive lawmaking.
Ira Mark Ellman1, Sanford L Braver, Robert J MacCoun
1Sandra Day O'Connor College of Law, Arizona State University, Tempe, AZ 85287-7906, USA. Ira.Ellman@asu.edu
Law and Human Behavior
|April 5, 2012
Summary
Jury members
Area of Science:
- Social Psychology
- Family Law
- Behavioral Economics
Background:
- Child support guidelines aim for fairness but can lead to inconsistent judgments.
- Existing research suggests 'coherent arbitrariness' in child support decisions.
- Understanding the principles guiding these decisions is crucial for legal reform.
Purpose of the Study:
- To identify the underlying principles citizens use when determining child support amounts.
- To investigate gender differences in the endorsement of these principles.
- To explain the 'coherent arbitrariness' observed in child support judgments.
Main Methods:
- Survey of citizens awaiting jury service using Likert-scale items on child support principles.
- Factor analysis to identify underlying principles (four factors emerged).
- Analysis of how endorsed principles influenced simulated child support case decisions.
Main Results:
- Four distinct principles for setting child support were identified.
- Significant gender differences were found in the endorsement of these principles.
- Three principles systematically predicted how respondents decided child support cases.
Conclusions:
- Individual differences in child support principles partially explain seemingly arbitrary judgment patterns.
- Understanding these principles is key to addressing inconsistencies in child support awards.
- This research offers insights into the psychological underpinnings of legal decision-making.
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