Moral appraisals guide intuitive legal determinations.

Brian Flanagan1, Guilherme F C F de Almeida2, Noel Struchiner3

  • 1School of Law and Criminology, Maynooth University.

Law and Human Behavior
|April 13, 2023
PubMed
Summary

Moral reasoning significantly impacts rule interpretation, especially under intuitive conditions. Cognitive reflection reduces this influence, favoring literal text adherence in legal judgments.

Related Concept Videos

Kohlberg's Theory of Moral Development01:19

Kohlberg's Theory of Moral Development

Kohlberg's theory of moral development uses the Heinz dilemma — a thought experiment in which a man, Heinz, must decide whether to steal an unaffordable drug to save his dying wife — to illustrate the evolution of moral reasoning. This framework, divided into three levels with two stages, highlights how individuals' understanding of right and wrong becomes increasingly complex.
Pre-Conventional Level
At the pre-conventional level, morality is primarily driven by personal...
99
Reason and Intuition01:37

Reason and Intuition

The human brain processes information for decision-making using one of two routes: an intuitive system and a rational system (Epstein, 1994; popularized by Kahneman, 2011 as System 1 and System 2, respectively). The intuitive system is quick, impulsive, and operates with minimal effort, relying on emotions or habits to provide cues for what to do next, while the rational system is logical, analytical, deliberate, and methodical. Research in neuropsychology suggests that the...
6.5K
Lazarus's Cognitive Appraisal Theory01:20

Lazarus's Cognitive Appraisal Theory

Cognitive psychologist Richard Lazarus proposed the cognitive-mediational theory of emotions, which emphasizes how individuals' assessments of stressors significantly affect their experience of stress. According to Lazarus, the stress response is determined by a two-step appraisal process: primary appraisal and secondary appraisal. These cognitive appraisals help individuals evaluate the potential impact of a stressor and determine the adequacy of their coping resources.
Primary Appraisal:...
349
Cognitive Theories: Lazarus Mediational Theory of Emotion01:17

Cognitive Theories: Lazarus Mediational Theory of Emotion

Richard Lazarus' cognitive mediational theory highlights the pivotal role of cognitive appraisal in shaping emotional responses. According to this theory, the evaluation of a stimulus — based on personal values, goals, beliefs, and expectations — mediates the emotional response. This appraisal process is immediate and often occurs unconsciously, influencing the intensity and nature of the resulting emotion.
Cognitive Appraisal and Emotional Response
Lazarus proposed that...
1.0K
Decision Making01:20

Decision Making

Decision-making is a fundamental cognitive process that involves evaluating alternatives and selecting among them. This process can range from simple choices, such as deciding what to wear, to complex decisions, like choosing a major in college or a career path. The complexity of the decision often dictates the approach we use, which can be broadly categorized into two types: automatic and controlled decision-making.
Automatic decision-making is fast, intuitive, and relies on gut feelings...
155
Decision Making: Traditional Method01:14

Decision Making: Traditional Method

The process of hypothesis testing based on the traditional method includes calculating the critical value, testing the value of the test statistic using the sample data, and interpreting these values.
First, a specific claim about the population parameter is decided based on the research question and is stated in a simple form. Further, an opposing statement to this claim is also stated. These statements can act as null and alternative hypotheses, out of which a null hypothesis would be a...
4.1K