减少同情偏见:法律解释方法的影响

Reducing Sympathy Bias: The Impact of Statutory Interpretation Methods

Journal of Legal Studies · 2026
被引 0 · 同刊同年前 8%
ABS 3

中文导读

通过两个预注册实验(300名普通人和339名法律从业者),研究了不同法律解释方法如何影响同情偏见,发现关注法律文本的平实含义能有效减少同情对决策的干扰。

Abstract

This article examines the moderating effect of statutory interpretative methods on sympathy bias in legal decision-making. Previous research has shown that sympathy toward litigants can lead to biased decisions, particularly in cases of legal ambiguity. Two preregistered studies of 300 laypersons and 339 legal practitioners experimentally tested the effect of various interpretative methods on sympathy bias. The results reaffirm the existence of sympathy bias and demonstrate that participants are less swayed by sympathy when instructed to interpret the law by focusing on its plain meaning rather than the legislature’s intention or policy considerations. These findings suggest that a focus on the text of a legal rule can serve as a debiasing technique against sympathy bias. Interestingly, this moderating effect was not mediated by the effect of the interpretative method on the rule’s clarity or the decision’s predictability. The findings contribute to ongoing debates about judicial bias and statutory interpretation. To seek justice is to seek something free of bias. —Aristotle

法律决策司法偏见法律解释行为经济学