711 research outputs found

    A Psychologist\u27s Perspective on Capital Juries

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    Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor\u27s Council Report

    The Capital Jury Project: The Role of Responsibility and How Psychology Can Inform the Law

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    Symposium: The Capital Jury Projec

    Sticky Metaphors and the Persistence of the Traditional Voluntary Manslaughter Doctrine

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    This Article begins with a curious puzzle: Why has the traditional voluntary manslaughter doctrine in criminal law-the so-called heat of passion defense to a charge of murder-proven so resistant to change, even in the face of more than a half-century of seemingly compelling empirical and normative arguments in favor of doctrinal reform? What could possibly account for the traditional doctrine\u27s surprising resilience? In this Article, we propose a solution to this puzzle. The Article introduces a new conceptual theory about metaphor-the sticky metaphor theory-that highlights an important aspect of metaphorical language and metaphorical thought that has been almost completely overlooked in the existing literature of law, psychology, and linguistics. We believe the sticky metaphor theory may turn out to be highly significant to both the voluntary manslaughter doctrine in particular and the law in general

    Sticky Metaphors and the Persistence of the Traditional Voluntary Manslaughter Doctrine

    Get PDF
    This Article begins with a curious puzzle: Why has the traditional voluntary manslaughter doctrine in criminal law-the so-called heat of passion defense to a charge of murder-proven so resistant to change, even in the face of more than a half-century of seemingly compelling empirical and normative arguments in favor of doctrinal reform? What could possibly account for the traditional doctrine\u27s surprising resilience? In this Article, we propose a solution to this puzzle. The Article introduces a new conceptual theory about metaphor-the sticky metaphor theory-that highlights an important aspect of metaphorical language and metaphorical thought that has been almost completely overlooked in the existing literature of law, psychology, and linguistics. We believe the sticky metaphor theory may turn out to be highly significant to both the voluntary manslaughter doctrine in particular and the law in general

    Tradeoffs and theory: The double-mediation model

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    Most theories of decision making suggest that, when options imply tradeoffs between their attributes, conflict increases as tradeoff size increases, because greater sacrifices are to be incurred in choosing one option instead of another. An alternative view is that conflict decreases as tradeoff size increases, because stronger arguments can be made for any decision. The authors propose a unified model, the double-mediation model, which combines the mediating effects of sacrifice and argumentation. Our model generally predicts an inverse U-shaped relation between tradeoff size and conflict. Results support this prediction. Also, when the decision situation increases the mediating effect of sacrifice relative to that of argumentation, the relation between tradeoff size and conflict changes in an upward direction; conversely, when the decision situation increases the mediating effect of argumentation relative to that of sacrifice, the relation changes in a downward direction. Results support these predictions as well. Commonalities and differences between our model and other formulations are discussed.Fundacao para a Ciencia e Tecnologia (FCT), project POCTI/PSI/42275/2001
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