Coordination and expertise foster legal textualism

Funding Information: ACKNOWLEDGMENTS. This research was supported by the Spanish Ministry of Science and Innovation (PID2020-119791RA-I00; RTI2018-098882-B-I00), the Polish National Science Centre (2020/36/C/HS5/00111; 2017/25/N/HS5/00944), the Swiss National Science Foundation (PZ00P1_179912), and the European Research Council (805498). Publisher Copyright: Copyright © 2022 the Author(s).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.Peer reviewe

The dual nature of partisan prejudice: Morality and identity in a multiparty system

Rising hostility between members of opposing political factions has gained considerable attention in both academic and popular press. The adverse effects of this phenomenon are widely recognized, but its psychological antecedents remain the focus of ongoing debate in political psychology. Past research has honed in on two conflicting explanations: one highlights the extent to which people self-define as supporters of particular parties or candidates (the identity view), and another points toward the intensity with which they disagree on substantive matters of policy (the issues view). A nationally representative survey of 1051 eligible Spanish voters yielded support for both explanations. The perceived magnitude and nature of disagreement were associated with increased partisan prejudice, while controlling for partisan identification. Path analyses revealed that issue-based prejudice was more pronounced among ideologically extreme agents (β = 0.237, 95% CI [0.174, 0.300]) than toward extreme targets (β = 0.140, 95% CI [0.078, 0.201]), and replicated recent findings that identity-based prejudice is motivated primarily by non-instrumental factors (β = 0.286, 95% CI [0.230, 0.337]). Together, these results indicate that discrimination across party lines responds to two fundamentally distinct, though at times co-occurring, imperatives: to coalesce in ideologically homogeneous communities, and to protect one’s sense of partisan identity