Apply the laws, if they are good

What should judges do when faced with immoral laws? Should they apply them without exception, since "the law is the law?" Or can exceptions be made for grossly immoral laws, such as historically, Nazi law? Surveying laypeople (\(\it N\) = 167) and people with some legal training (\(\it N\) = 141) on these matters, we find a surprisingly strong, monotonic relationship between people's subjective moral evaluation of laws and their judgments that these laws should be applied in concrete cases. This tendency is most pronounced among individuals who endorse natural law (i.e., the legal-philosophical view that immoral laws are not valid laws at all), and is attenuated when disagreement about the moral status of a law is considered reasonable. The relationship is equally strong for laypeople and for those with legal training. We situate our findings within the broader context of morality's influence on legal reasoning that experimental jurisprudence has uncovered in recent years, and consider normative implications.

Publication Details

Journal
Dokumentenrepositorium der RUB (Ruhr University Bochum)
Published
2024-10-23
Primary Topic
Laser Design and Applications
Type
article
Field-Weighted Citation Impact
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article

Apply the laws, if they are good

Dokumentenrepositorium der RUB (Ruhr University Bochum)
Laser Design and Applications
article

Apply the laws, if they are good

article en

Abstract

What should judges do when faced with immoral laws? Should they apply them without exception, since "the law is the law?" Or can exceptions be made for grossly immoral laws, such as historically, Nazi law? Surveying laypeople (\(\it N\) = 167) and people with some legal training (\(\it N\) = 141) on these matters, we find a surprisingly strong, monotonic relationship between people's subjective moral evaluation of laws and their judgments that these laws should be applied in concrete cases. This tendency is most pronounced among individuals who endorse natural law (i.e., the legal-philosophical view that immoral laws are not valid laws at all), and is attenuated when disagreement about the moral status of a law is considered reasonable. The relationship is equally strong for laypeople and for those with legal training. We situate our findings within the broader context of morality's influence on legal reasoning that experimental jurisprudence has uncovered in recent years, and consider normative implications.

Dokumentenrepositorium der RUB (Ruhr University Bochum)
Deutsche Forschungsgemeinschaft, Coordenação de Aperfeiçoamento de Pessoal de Nível Superior, Conselho Nacional de Desenvolvimento Científico e Tecnológico, Fundação Carlos Chagas Filho de Amparo à Pesquisa do Estado do Rio de Janeiro, Ministerio de Ciencia e Innovación
Peace, Justice and strong institutions
Openalex Percentile: Top 59%
Laser Design and Applications
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