Law Matters—Less Than We Thought
通过一项61名联邦法官参与的随机实验,发现法律对判决的影响很弱,规则与标准的约束力差异也不明显,且同情心等无关因素无显著作用。
Abstract In a pre-registered 2 × 2 × 2 factorial between-subject randomized lab experiment with 61 federal judges, we test if the law influences judicial decisions, if it does so more under a rule than under a standard, and how its influence compares to that of legally irrelevant sympathies. Participating judges received realistic materials and a relatively long period of time (50 min) to decide an auto accident case. We find at best weak evidence that the law matters or that rules constrain more than standards, and no evidence of a sympathy effect.