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Rule is a dual character concept.

Guilherme da Franca Couto Fernandes de Almeida1, Noel Struchiner2, Ivar Rodriguez Hannikainen3

  • 1Law School, Insper Institute of Education and Research, Brazil.

Cognition
|September 10, 2022
PubMed
Summary
This summary is machine-generated.

Judgments about rule violations depend on morality. This study shows that the concept of a rule has a dual character, encompassing both descriptive and normative criteria, rather than being solely pragmatic or a mix of text and purpose.

Keywords:
Experimental jurisprudenceGeneral jurisprudenceRule violationThe concept of rule

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Area of Science:

  • Cognitive Science
  • Philosophy of Law
  • Linguistics

Background:

  • Rule violation judgments are influenced by morality, leading to ambiguity when rules are broken blamelessly.
  • Existing theories (pragmatic, mixed character, dual character) offer different explanations for this phenomenon.

Purpose of the Study:

  • To experimentally adjudicate between competing theories of the concept of rule.
  • To investigate whether rule violation judgments are driven by pragmatics, a unified concept of text and purpose, or distinct descriptive and normative criteria.

Main Methods:

  • Four studies were conducted to test the proposed explanations.
  • Studies involved experimental designs to elicit rule violation judgments and linguistic tests to differentiate conceptual structures.

Main Results:

  • Results were incompatible with the pragmatic view.
  • Study 2 indicated that the concept of rule differs from certain mixed character concepts on linguistic tests.
  • Studies 3-5 provided evidence supporting the dual character view of rules.

Conclusions:

  • The concept of rule possesses a dual character, integrating both descriptive and normative aspects.
  • This finding has significant implications for understanding legal judgments and the nature of rules.