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承诺的形式:三个心理学实验中书面同意与口头同意的比较

Forms of Commitment: Comparing Written and Verbal Consent in Three Psychological Experiments

Journal of Legal Studies · 2026
被引 0
ABS 3

中文导读

通过三个实验发现,书面同意比口头同意更容易让人感到被迫,且被认为更具约束力,甚至削弱口头同意的重要性,提醒司法系统注意普通人如何理解同意形式。

Abstract

Consent forms, often hailed as a means of protecting vulnerable individuals, are ubiquitous. We argue that consent forms are likely to activate people’s “contract schemas”—mental scripts implicitly called upon whenever people encounter documents that resemble contracts. Across three experiments, we identify the psychological baggage that accompanies contracts and elucidate how these problematic associations bedevil consent forms, which serve a distinct purpose. In Study 1, laboratory participants were asked to consent to an unrestricted search of their smartphones; those whose consent was sought in writing reported feeling more pressured to consent than participants approached verbally. In Study 2, participants regarded written consent as more binding than oral consent across a variety of domains. In Study 3, the introduction of written consent led people to downgrade the importance of verbal consent. In light of these findings, we call for greater judicial sensitivity to how ordinary people understand consent formalities. “The signature is the moral person himself, or at least the legal person.” (Jack Goody [1986, p. 73], quoted in Jacob 2007, p. 249)

心理学实验研究知情同意合同心理