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A Core Of Agreement, Donald Braman, Dan M. Kahan, David A. Hoffman
A Core Of Agreement, Donald Braman, Dan M. Kahan, David A. Hoffman
All Faculty Scholarship
In this short comment, we respond to papers by Robinson, Kurzban, and Jones (RKJ) and by Darley, who replied to our paper, Punishment Naturalism. We align ourselves wholeheartedly with Darley’s argument that intuitions of criminal wrongdoing, while mediated by cognitive mechanisms that are largely universal, consist in evaluations that vary significantly across cultural groups. RKJ defend their finding of “universal” intuitions of “core” of criminal wrongdoing. They acknowledge, however, that their method for identifying the core excludes by design factors that predictably generate cultural variance in what behavior counts as murder, rape, theft and other “core” offenses. On this basis, …
Some Realism About Punishment Naturalism, Donald Braman, Dan M. Kahan, David A. Hoffman
Some Realism About Punishment Naturalism, Donald Braman, Dan M. Kahan, David A. Hoffman
All Faculty Scholarship
In this paper we critique the increasingly prominent claims of punishment naturalism – the notion that highly nuanced intuitions about most forms of crime and punishment are broadly shared, and that this agreement is best explained by a particular form of evolutionary psychology. While the core claims of punishment naturalism are deeply attractive and intuitive, they are contradicted by a broad array of studies and depend on a number of logical missteps. The most obvious shortcoming of punishment naturalism is that it ignores empirical research demonstrating deep disagreements over what constitutes a wrongful act and just how wrongful it should …
Between Access To Counsel And Access To Justice: A Psychological Perspective, Nourit Zimmerman, Tom R. Tyler
Between Access To Counsel And Access To Justice: A Psychological Perspective, Nourit Zimmerman, Tom R. Tyler
Fordham Urban Law Journal
Looking into the pro se phenomenon, this paper will explore the lessons that can be learned from the experiences of the many individuals representing themselves in the American legal system today. Our interest in this paper will try to understand better the procedural values that matter to people and how they are related to having or not having professional legal representation. Does having a lawyer or not having a lawyer influence the experiences of lay people operating within the legal system, their evaluations of the process and the system, and of the outcomes obtained by them, and in what ways? …