ABSTRACT
A cross-cultural survey experiment revealed a dominant tendency to rely on a rule's letter over its spirit when deciding which behaviors violate the rule. This tendency varied markedly across (k = 15) countries, owing to variation in the impact of moral appraisals on judgments of rule violation. Compared with laypeople, legal experts were more inclined to disregard their moral evaluations of the acts altogether and consequently exhibited stronger textualist tendencies. Finally, we evaluated a plausible mechanism for the emergence of textualism: in a two-player coordination game, incentives to coordinate in the absence of communication reinforced participants' adherence to rules' literal meaning. Together, these studies (total n = 5,794) help clarify the origins and allure of textualism, especially in the law. Within heterogeneous communities in which members diverge in their moral appraisals involving a rule's purpose, the rule's literal meaning provides a clear focal point-an identifiable point of agreement enabling coordinated interpretation among citizens, lawmakers, and judges.
Subject(s)
Judgment , Morals , HumansABSTRACT
When solving problems, like making predictions or choices, people often "sample" possibilities into mind. Here, we consider whether there is structure to the kinds of thoughts people sample by default-that is, without an explicit goal. Across three experiments we found that what comes to mind by default are samples from a probability distribution that combines what people think is likely and what they think is good. Experiment 1 found that the first quantities that come to mind for everyday behaviors and events are quantities that combine what is average and ideal. Experiment 2 found, in a manipulated context, that the distribution of numbers that come to mind resemble the mathematical product of the presented statistical distribution and a (softmax-transformed) prescriptive distribution. Experiment 3 replicated these findings in a visual domain. These results provide insight into the process generating people's conscious thoughts and invite new questions about the value of thinking about things that are both likely and good.