Applying Moral Foundations Theory to the Explanation of Capital Jurors’ Sentencing Decisions

Abstract

This study applies moral foundations theory to capital juror decision making. We hypothesized that binding moral foundations would predict death qualification and punitive sentencing decisions, whereas individualizing moral foundations would be associated with juror disqualification and a leniency effect. Additionally, we considered whether moral foundations can explain differences in death penalty application between conservatives and liberals. Respondents from two independent samples participated in a mock-juror task in which the circumstances of a hypothetical defendant’s case varied. Results revealed moral foundations were strong predictors of death qualification. The binding and individualizing foundations were related to sentencing decisions in the expected ways. Supporting our contention that moral foundations operate differently across different types of cases, heterogeneity in the effects of moral foundations was observed. Finally, we found support for the hypothesis that the relationship between sentencing decisions and conservatism would be attenuated by moral foundations.     

Constitutionalism Without Constitution: Transnational Elites Between Political Mobilization and Legal Expertise in the Making of a Constitution for Europe (1940s−1960s)

By exploring how early political investments in favor of a European Constitution have been turned into a legal enterprise to constitutionalize the European treaties, this article analyzes the changing role of legal elites in the genesis of a European transnational order. At first, legal activities of constitution-making were closely linked to military issues and political mobilizations; later, the legal work of constitutionalization took a different path as a result of the process of differentiation of the European field of power and of the internal and contradictory logics of a newly created legal institution, the European Court of Justice (ECJ). By reconstructing the constitutionalization process, this article highlights the various types of elites then competing for the early definition of a European transnational order and, in particular, the capitals and representations of legal agents in the making of a Constitution for Europe.     

Lost on the Way Home? The Right to Life in Northern Ireland

This article starts from the premise that, through the Belfast Agreement, the Human Rights Act 1998 (HRA) was invested with a 'transitional justice' function in Northern Ireland, unlike in the rest of the United Kingdom. The article evaluates how far the HRA has met this challenge by examining a case study of the right to life. The European Court's development of a procedural aspect to the right to life in the form of a right to an effective investigation, has implicated both institutional reform for the future, and also a need to revisit past state killings with their 'transitional justice' implications. There have been some positive developments, but, despite this, domestic institutions and courts have largely failed to deliver on Article 2's procedural aspect. The article concludes by questioning whether the very design of the HRA has limited the possibilities for a 'transformational constitutionalism' capable of incorporating Article 2's procedural right.     

Are Monetary Unions Inevitable?

With the rapid growth of cross-border competition among currencies, informed observers predict that the new monetary unions are virtually inevitable in many parts of the world. In fact, predictions of such alliances are misleading and almost certainly wrong. Monetary unions necessarily imply a measure of collective action in the issue and management of money. An alliance requires allies—other states with similar preferences and a disposition to act cooperatively. A survey of proposed monetary unions shows that willing partners among sovereign states are just not all that plentiful. Conceivably some governments could be attracted to less demanding forms of monetary alliance, depending on bargaining context. But prospects for many full new monetary unions are dim at best.     

Legislative and educational alternatives to a judicial remedy for the transfer trauma dilemma

Transfer trauma is alleged to be an increase in morbidity and mortality in institutionally relocated chronically ill elderly. Efforts by the legal profession to persuade courts that transfer trauma should be a legally recognized phenomenon invoking judicial protections against transfer (the "transfer trauma argument") have been unproductive. In O'Bannon v. Town Court Nursing Center, Inc., the United States Supreme Court denied standing to elderly persons claiming a property interest in remaining in alleged substandard facilities. The Court rejected the argument that the possibility of transfer trauma constituted a deprivation of life or liberty that would have required due process protections of notice and hearing. Despite the Court's preclusion of transfer trauma litigation in a constitutional context and the general unwillingness of lower courts to recognize the phenomenon, attorneys continue to burden the judicial system with frivolous transfer trauma arguments. The unfruitful pursuit of a judicial remedy for the ethical and social problems that arise with relocation of the elderly continues, in part, because of a misguided belief that this distressing social phenomenon is best remedied by the courts. Judicial unwillingness to recognize the transfer trauma argument, however, does not preclude legislative consideration of the humanitarian issues concerning the institutional relocation of elderly persons. This Article examines gerontological research in order to understand the judicial rejection of the transfer trauma argument and argues in support of legislative and educational solutions for the ethical and social problems attending transfer.     

B. Reviews and notes: bibliographies and works of reference

LE MONDE ARABE ET MUSULMAN AU MIROIR DE L'UNIVERSITE FRANÇAISE: REPERTOIRE DES THESES SOUTENUES DANS LES UNIVER‐SITES FRANÇAISES, EN SCIENCES DE L'HOMME ET DE LA SOCIETE, SUR LE MONDE ARABE ET MUSULMAN (1973–1987). By MARIE BURGAT, DANIELLE BRUCHET, JACQUELINE QUILET [& others]. Aix‐en‐Provençe, Institut de Recherche et d'Etudes sur le Monde Arabe et Musulman, 1989–92. 4 vols.

MAPAS, PLANOS Y FORTIFICACIONES HISPANICOS DE MARRUECOS (S.XVI‐XX)/CARTES, PLANS ET FORTIFICATIONS HISPANIQUES DU MAROC (XVIe‐XXe S.). By JUAN BTA. VILAR. 604pp. Text in Spanish. Table of Contents, Preface (by José Antonio Calderon Quijano), and Introduction in Spanish and French. Madrid, Ministerio de Asuntos Exteriores, Secretaría de Estado para la Cooperación Internacional y para Iberoamérica: Dirección General de Relaciones Culturales y Científicas, Agencia Española de Cooperación International, Institute de Cooperación con el Mundo Arabe, 1992. 7210 ptas.

A BIOGRAPHICAL DICTIONARY OF CONTEMPORARY AFGHANISTAN. By LUDWIG W. ADAMEC. Graz, Akademische Druck‐ u. Verlagsanstalt, 1987. vi, 252 pp. Photo section. ÖS 450.‐

TÜRKIYE DI?INDAK? TÜRKLER B?BL?YOGRAFYASI. A BIBLIOGRAPHY OF TURKS OUT OF TURKEY. By ?SMET B?NARK and others. Ankara, T.C. Ba?bakanlik Devlet Ar?ivleri Genel Müdürlü?ü Dokümentasyon Dairesi Ba?kanli?i (Yayin No.5), 1992. 2 vols. lxv, 1379 pp.

GULF CRISIS CHRONOLOGY: DAY‐TO‐DAY COVERAGE OF EVENTS IN THE GULF CONFLICT FROM 2 AUGUST 1990 TO THE 3 MARCH 1991 CEASEFIRE. Compiled by the BBC WORLD SERVICE. Harlow, Longman, 1991. 454 pp. £65.‐

FRAUENFRAGEN IM MODERNEN ORIENT: EINE ERGANZUNGSBIBLIO‐GRAPHIE. WOMEN IN THE MIDDLE EAST AND NORTH AFRICA: A SUPPLEMENTARY BIBLIOGRAPHY. By INGEBORG OTTO & MARIANNE SCHMIDT‐DUMONT. (Biblio., 16.) Hamburg, Deutsches Übersee‐Institut, Übersee‐Dokumentation, Referat Vorderer Orient, 1989. xvi, 126 pp. DM19.‐

THE MIDDLE EAST AND NORTH AFRICA 1993. London, Europa Publications, 1992. xxi, 988 pp. £130.     

The hate that dare not speak its name: Pornography qua semi-political speech

In this essay we shall examine the contemporary jurisprudential thinking and legal precedents surrounding the issue of the sanctionability of pornography. We shall catalogue them by their logical presumptions, such as whether they view pornography as speech or act, whether they view pornography as obscenity, political hate-speech or anomalous other, whether they would scrutinize legislation governing pornography by a balancing of the harm of repression against the harm of permission, and who exactly they view as the victims.We shall take a special interest in the most recent, but unsuccessful, attempt by a subgroup of feminists to proscribe pornography by treating it as neither political speech nor sexual speech but speech which causes harm which is both political and sexual. They would like it to be considered as a special kind of odious propaganda undeserving of protection because it promulgates a mental state conducive to criminal activity, and hence is criminal in and of itself. However, the repression of propaganda, even odious propaganda, is not so easily accomplished in this country.Most anti-censors have emphasized the uncertainty of the causal connection between pornography and sexual violence. We shall contend that this is not the essential issue, and that, even if we agree with the allegations of pornography's prurient non-intellectual appeal and its tendency to excite criminal hostility, the current understanding of the Bill of Rights allows sanctioning only under the stringent requirement of the showing of a clear and present danger of specific and immediate acts.We raise the question of whether there should be a new standard for speech which is simultaneously political and sexual, and/or for speech whose harmful message is presented subliminally, on the grounds that such speech may not be adequately opposed by counter speech in the marketplace of ideas.