The Figuring of Morality in Adjudication: Not so Special?*

Jurisprudential debate about the grounds of law often focuses on the status of morality. Given the undoubted fact of judicial engagement with morality in legal reasoning, the key question is whether morality legitimately counts as a ground of law. This article seeks to challenge the special status accorded to morality in debates about the grounds of law. The claim I seek to advance is that very often judicial engagement with morality is not different in kind to judicial engagement with other diverse objects of legal reasoning. What the comparison tends to show is that instances of “moral reasoning” in law do not obviously challenge our account of the grounds of law. Rather these instances can be viewed as central case examples of legal reasoning. Conventional grounds of law are left untouched.     

Elasticity in evaluations of criminal evidence: Exploring the role of cognitive dissonance

Purpose. Previous experiments have demonstrated asymmetrical scepticism in investigators' judgments of criminal evidence – evidence inconsistent (vs. consistent) with the dominant hypothesis about a case is judged as less reliable. In addition, some types of evidence (e.g., witness testimony) are more susceptible to asymmetrical scepticism than others (e.g., DNA evidence), indicating varying degrees of elasticity. This article proposes that inconsistent evidence arouses cognitive dissonance, and that the dissonance can be reduced through either asymmetrical scepticism (for high‐elasticity evidence) or belief change (for low‐elasticity evidence). The hypotheses are tested in two experiments. Methods. In both experiments, law students made a preliminary judgment about the guilt of a suspect in a homicide case, and subsequently received a piece of DNA or witness evidence which was either consistent or inconsistent with the preliminary judgment. The extent to which participants changed their guilt judgments, judged the additional evidence as reliable, and felt dissonance served as the main dependent variables. Results. Inconsistent (vs. consistent) evidence did arouse stronger dissonance, but only for witness (and not DNA) evidence. Experienced dissonance (Experiment 1) and dissonance reduction (Experiment 2) accounted for the effect of the evidence on changes in guilt judgments, but not for the effect on reliability judgments. The greatest dissonance reduction was observed among participants who received inconsistent witness evidence but did not change their guilt judgments accordingly. Conclusions. It appears that dissonance plays a significant, although complex, role in investigative judgments of guilt and reliability. Alternative dissonance‐reducing mechanisms that can account for the findings and practical implications are discussed.     

Stipends in Volunteer Civic Service: Inclusion,Retention, and Volunteer Benefits

What is the role of stipends as an institutional facilitator in volunteer civic service? By examining the relationship of stipend receipt to volunteer diversity, time commitment, and perceived benefits from a longitudinal study of older adults serving in Experience Corps, this article assesses stipend status relative to volunteer sociodemographic characteristics, motivations, intensity and duration of time served, and volunteers’ self‐reported benefits. The findings underscore how stipends may promote participant diversity. In particular, stipended older adult volunteers serve for longer periods of time, but their motivations for serving do not differ. Stipended volunteers report higher perceived benefits than nonstipended volunteers. The results suggest that stipends may leverage wider inclusion, increase retention, and contribute to other benefits, but additional research is needed using more controlled and comparative designs.     

Learning,political regimes and the liberalisation of trade

In this article, the probability of opening to trade is related to a country's propensity to learn from other countries in its region. It is argued that countries have different motivations to learn, depending upon the responsiveness and accountability of their political regimes. Whereas democracies cannot afford to be dogmatic, authoritarian regimes are less motivated to learn from the experience of others, even if they embrace policies that fail. Using data on trade liberalisation for 57 developing countries in the period 1970–1999, it is found that democracies confronting economic crises are more likely to liberalise trade as a result of learning; among democracies, presidential systems seem to learn more, whereas personalist dictatorial regimes are the most resistant to learning from the experience of others.     

The Intergenerational Cycle of Criminality—Association with Psychopathy*

Abstract: Preventive interventions early in life are likely to lower the risk of intergenerational transmission of criminal behavior. We investigated if psychopathy among homicidal offenders is associated with criminal offending among the offenders’ offspring. The basic sample consisted of consecutive Finnish homicide offenders (during 1995–2004) who had been subjected to a forensic psychiatric examination and rated for a file‐based PCL‐R, and their offspring. Criminal behavior among both genders of the offspring was more common than in the general population. In general, the offspring’s crimes against others (e.g., threat, intimidation, deprivation of freedom, breach of domicile) were associated with their parent’s psychopathy. A grandfather’s major mental disorder was associated with a high rate of crime committed by the offspring. Especially, the sons of male psychopathic homicidal offenders had the highest rate of committing crimes, which was often expressed as vandalism. However, both genders of offspring seem to require special preventive programs to ameliorate these problems.