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Laws about bodily damage originate from shared intuitions about the value of body parts
Yunsuh Nike Wee1, Daniel Sznycer1, Jaimie Arona Krems2
1Department of Psychology, Oklahoma State University, Stillwater, OK 74078, USA.
Abstract:
From the biblical lex talionis to the medieval wergild system and modern workers' compensation laws, laws about bodily damage may originate from cognitive mechanisms that capitalize on an enduring regularity: Different body parts vary in their incremental contributions to human functionality. To evaluate this hypothesis, we conducted a preregistered study with materials based on five legal codes from highly diverse cultures and historical eras: the Law of Æthelberht (Kent, approximately 600 CE), the Guta lag (Gotland, approximately 1220 CE), and workers' compensation laws from the United States, the Republic of Korea, and the United Arab Emirates; and 614 laypeople from the United States and India. The data indicate ordinal agreement in the values attached to body parts by ancient and modern lawmakers, as well as by laypeople in the United States and India. The observed agreement across time, space, and levels of legal expertise suggests that laws about bodily damage originate from shared intuitions about the value of body parts.
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