Abstract
Scholarship in experimental jurisprudence has reported surprising findings about various concepts of legal significance: acting intentionally, causation, consent, knowledge, recklessness, reasonableness, and law itself. Often, these studies examine laypeople’s ordinary concepts and draw broader conclusions about legal experts’ concepts. This Article questions such inferences, from empirical findings about ordinary concepts to conclusions about the concepts of those with legal expertise. It presents a case study concerning what it means to act intentionally. An experiment examines intentionality judgments across four populations (N = 774): laypeople, law students, non-law students, and United States judges. Legal training affected judgments in three ways that are consistent with the acquisition of a distinctive legal concept. This case study supports the Article’s broader claim: Laypeople’s ordinary concepts are not equivalent to experts’ legal concepts. The acquisition of legal concepts is an important form of legal expertise.
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30 April 2024
A Correction to this paper has been published: https://doi.org/10.1007/s11229-024-04598-9
Notes
This claim is different from the claim that “intentionally” in law is ambiguous between an ordinary and legal meaning.
See, e.g., (Hannikainen & Donelson, 2020 on the ordinary concept of law; Kneer & Bourgeois-Gironde, 2017 on the ordinary concept of intentional action; Macleod, 2019 on the ordinary concept of causation; Mott, 2018 on the ordinary concept of identity; Sommers, 2020 on the ordinary concept of consent; Knobe & Shapiro, 2020 on the ordinary concept of causation; Tobia, 2018 on the ordinary concept of reasonableness).
On possible personality differences, see Vedel (2016).
This could occur for reasons specific to the concept. For example, perhaps certain features of the ordinary concept of reasonableness are particularly suited to meeting the aims of legal reasonableness standards. Or it could occur for more general reasons. For instance, if the legal concept corresponded to the ordinary concept, the law might better meet the aims of publicity and clarity.
It is unlikely that these legal concepts (e.g. reasonable) are entirely unique. While concepts with no ordinary counterpart are unique (e.g. parol evidence) the central legal concepts discussed here all have an ordinary counterpart. It is technically possible that legal cause is entirely unrelated to the ordinary notion of cause, but this seems extremely unlikely. So while that does remain an open empirical possibility, the Article will (for simplicity) often describe the key question as one pitting Identity against Similarity theory.
It also possible to hold a view on which the Selection Hypothesis might be compatible with Similarity Theory. For example, perhaps there are two distinct concepts of causation—a legal concept and an ordinary concept. Moreover, the legal concept is not acquired by training; rather it is only accessible to those with sufficient reflective ability, or intelligence, or some other feature.
Similarly, one might hold a view on which the Legal Training Hypothesis is compatible with Identity Theory. For example, perhaps legal training does not provide the acquisition of distinctive concepts, but rather helps people become better critical thinkers, ones who make fewer performance errors in applying ordinary concepts.
In general, this Article does not discuss these options, in large part because they are less plausible theoretically and the data in Part III does not support these interpretations. For example, the divergences between law and other students suggests against the compatibility of the Legal Training Hypothesis with Identity theory. Thus, for simplicity, the Article understands the Selection Hypothesis as closely connected to Identity Theory and the Legal Training Hypothesis as closely connected to Similarity Theory.
Compare, e.g. Model Penal Code 1.13 General Definitions with Restatement (Third) of Torts: Liab. For Physical Harm § 1.
Model Penal Code 1.13 General Definitions.
Model Penal Code 2.02 (2)(a).
Restatement (Third) of Torts: Liab. For Physical Harm § 1; see also Bublick (2009).
Restatement (Second) of Torts: Intent § 8A.
Restatement (Third) of Torts: Intent §1.
Id.
Restatement (Second) of Torts § 18.
“The applications of the substantial-certainty test should be limited to situations in which the defendant has knowledge to a substantial certainty that the conduct will bring about harm to a particular victim, or to someone with a small class of potential victims within a localized area. The test loses its persuasiveness when the identity of potential victims becomes vaguer and when…the causal sequence connecting conduct and harm becomes more complex.” For example, “in many situations a defendant’s knowledge of substantially certain harms is entirely consistent with the absence of any liability in tort. For example, an owner of land, arranging for the construction of a high-rise building, can confidently predict that some number of workers will be seriously injured in the course of the construction project… Despite their knowledge, these actors do not intentionally cause the injuries that result.”.
279 P.2d 1091 (Wash. 1955).
Restatement (Third) of Torts §1.
Restatement (Third) of Torts §1.
As Gideon Yaffe puts it: “[I]t is a hypothesis worth exploring that all of the various senses of the legal term “intention” circle around a core notion that has its natural home in ordinary discourse. The law is better when it uses ordinary terms in ordinary ways and employs concepts that bear a close resemblance to those used in everyday life.” Yaffe (2014): 107.
Part III.C provides further interpretation of this case. It is worth noting that, although the bad outcome is clearly foreseeable, it likely falls short of tort law’s test of “knowledge of a substantial certainty.” For one, it is not clear that there is a substantial certainty of injury, rather than a likelihood. Second, it is not clear that the chairman has knowledge of any substantial certainty; he may have notice or awareness of the possibility, but it is not obvious that he has knowledge. Finally, the injury occurs in a general area to a diffuse population, which differs from the typical substantial certainty case involving a specific area (e.g. workplace) injury to specific people.
Id.
I conducted a 4(Population: MTurk, non-law student, law student, judge) × 2(Context: ordinary, legal) × 2(Severity: moderate, severe) ANOVA.
There was a main effect of population, F(3, 758) = 24.57, p < .001, \(\eta_p^2\) = .089.
See Section 3.2.1 infra.
F(3, 758) = 3.29, p = .02, \(\eta_p^2\) = .013. There was no main effect of Context, F(1, 758) = 1.70, p = .192, \(\eta_p^2\) = .002.
There was a significant severity by population interaction, F(1, 758) = 2.76, p = .041, \(\eta_p^2\) = .011. There was no main effect of severity, F(1, 758) = 2.24, p = .135, \(\eta_p^2\) = .003, and no three-way interaction, F(3, 758) = .49, p = .491, \(\eta_p^2\) = .002.
t(210) = 8.30, p < .001, d = .57.
t(194) = 5.88, p < .001, d = .42.
t(236) = 1.73, p = .085, d = .11.
t(130) = -3.63, p < .001, d = .32.
Mage = 25.1, 54.1% female, 44.3% male, 1.6% non-binary.
Mage = 26.4, 51.0% female, 49.0% male, 0.9% non-binary.
Mage = 26.7 48.0% female, 51.0% male, 1.0% non-binary.
Independent-Samples Kruskal–Wallis test, p = .016.
M = 4.69, SD = 1.49.
M = 4.18, SD = 1.56.
M = 3.80, SD = 2.01.
F(1, 367) = 16.12, p < .001, \(\eta_p^2\) = .043.
F(2, 773) = 27.70, p < .001, \(\eta_p^2\) = 068.
F < 1.
F(2, 773) = 5.14, p = .006, \(\eta_p^2\) = .013.
M = 4.22, SD = 1.89.
M = 3.62, SD = 1.97.
F(1, 367) = 8.55, p = .004, \(\eta_p^2\) = .023. Moreover, for judges, ordinary ratings were greater (M = 3.69, SD = 2.12) than legal ratings (M = 3.05, SD = 2.13). For law students, ordinary ratings were also greater (M = 4.48, SD = 1.72) than legal ratings (M = 3.96, SD = 1.84).
M = 5.03, SD = 1.84.
M = 5.04, SD = 1.79.
F < 1.
M = 4.54, SD = 1.69.
M = 4.97, SD = 1.83.
F(1, 194) = 2.89, p = .091, \(\eta_p^2\) = .015.
F(2, 773) = 29.09, p < .001, \(\eta_p^2\) = .070.
F(2, 773) = 4.73, p = .03, \(\eta_p^2\) = .006.
F(2, 773) = 3.94, p = .020, \(\eta_p^2\) = .010.
M = 3.91, SD = 1.99.
M = 3.87, SD = 1.96.
F < 1. Moreover, for judges, moderate ratings (M = 3.38, SD = 2.25) were no different from severe ratings (M = 3.26, SD = 2.05). For law students, moderate ratings (M = 4.22, SD = 1.77) were no different from severe ratings (M = 4.19, SD = 1.84).
M = 4.69, SD = 1.71.
M = 4.80, SD = 1.93.
F < 1.
M = 4.61, SD = 1.86.
M = 5.45, SD = 1.65.
F(1, 773) = 12.08, p < .001, \(\eta_p^2\) = .055.
Berinsky et al. (2012) (“MTurk respondents... may also exhibit experimental demand characteristics to a greater degree than do respondents in other subject pools, divining the experimenter’s intent and behaving accordingly”).
Mage = 39.5, 50.0% female, 49.1% male, 0.9% non-binary.
Mage = 23.4, 78.6% female, 19.4% male, 1.9% non-binary.
Mage = 28.0, 58.0% female, 38.0% male, 4.0% non-binary.
F(2, 301) = 2.64, p = .073, \(\eta_p^2\) = .02.
MTurk M = 4.02 (SD = 1.77); Non-Law M = 3.87 (SD = 2.28); Law Student M = 3.45 (SD = 2.05).
F(2, 301) = 206.6, p < .001, \(\eta_p^2\) = .41.
Help M = 2.30 (SD = 1.60), Harm M = 5.33 (SD = 1.91).
F(2, 303) = 20.0, p = .001, \(\eta_p^2\) = .044.
F < 1.
F(1, 303) = 436.51, p < .001, \(\eta_p^2\) = .56.
Harm M = 6.30 (SD = 1.13); Help M = 2.75 (SD = 1.67).
F(2, 303) = 1.702, p = .184, \(\eta_p^2\) = .01.
It is worth emphasizing the distinction between these kinds of arguments (e.g. concerning severity sensitivity) and traditional debates about other experimental-legal findings (e.g. the effect of politically motivated reasoning). While it is uncontroversial that racist attitudes or political beliefs should not affect the application of legal standards, it is an open question whether the legal concept of intentional action should be severity sensitive. This represents an important distinction between traditional work in psychology of law and a more philosophically inspired “experimental jurisprudence” or “experimental legal philosophy.” The discoveries of the latter do not solve debates, but rather enhance them. Learning whether the legal concept of intentional action is severity-sensitive is important, but that knowledge does not come with an easy answer to the normative question: Should the legal concept be severity-sensitive?
But see Sugarman (2017) (arguing that both should fall under a new conception of torts focused on wrongful action).
Restatement (Third) of Torts: Intentional Torts to Persons, Scope Note to Project (Am. Law Inst. Tent. Draft No. 1, April 8, 2015).
Restatement (Third) of Torts: Intentional Torts to Persons, Scope Note to Project (Am. Law Inst. Tent. Draft No. 1, April 8, 2015).
See, e.g. Kobick (2010) (arguing that law should accommodate the valence-sensitive folk notion of intentionality in equal protection jurisprudence).
References
Adams, F., & Steadman, A. (2004). Intentional action in ordinary language: Core concept or pragmatic understanding? Analysis, 64, 173–181.
Alicke, M. (2008). Blaming badly. Journal of Cognition & Culture, 8, 179–189.
Alicke, M., & Rose, D. (2010). Culpable control or moral concepts? Behavioral and Brain Sciences, 33, 330.
Ashworth, A. (1991). Principles of criminal law. Oxford University Press.
Beebe, J. (2008). A knobe effect for belief ascriptions. Review of Philosophy and Psychology, 4, 235–258.
Ben-Shahar, O., & Strahilevitz, L. (2017). Interpreting contracts via surveys and experiments. New York University Law Review, 92, 1753.
Berinsky, A., Huber, G., & Lenz, G. (2012). Evaluating labor markets for experimental research: Amazon.com’s mechanical turk. Political Analysis, 5, 351–368.
Bublick, E. (2009). A restatement (third) of torts: liability for intentional harm to persons—thoughts. Wake Forest Law Review, 44, 1335.
Buxton, R. (1988). Some simple thoughts on intention. Criminal Law Review, 4, 484–498.
Cain, M. J. (2013). Learning concept acquisition and psychological essentialism. Review of Philosophy and Psychology, 4, 577–598.
Carey, S. (1986). Cognitive science and science education. American Psychologist, 41, 1123.
Carey, S. (2000). Science education as conceptual change. J. Applied Developmental Psychology, 21, 13–19.
Carey, S. (2011). Precis of the origin of concepts. Behavioral and Brain Sciences, 34, 113–124.
Chi, M., Feltovich, P., & Glaser, R. (1981). Categorization and representation of physics problems by experts and novices. Cognitive Science, 5, 121–152.
Dalbauer, N., & Hergovich, A. (2013). Is what is morse more likely?—The probabilistic explanation of the epistemic side-effect effect. Rev. Philos. Psych., 4, 639–657.
Dobbs, D., et al. (2011). Dobbs’ law of torts. Journal of European Tort Law, 4, 328–338.
Duff, R. (1990). Intention, agency and criminal liability: philosophy of action and the criminal law. Blackwell.
Dworkin, R. (1985). A matter of principle. Harvard University Press.
Farber, D. (1996). The hermeneutic tourist: Statutory interpretation in comparative perspective. Cornell Law Review, 81, 513.
Ferzan, K. (2008). Beyond intention. Cardozo Law Review, 29, 1147.
Finnis, J. (1991). Intention and side-effects. In R. G. Frey & C. W. Morris (Eds.), Liability and responsibility: Essays in law and morals. Cambridge University Press.
Fodor, J. (1975). The language of thought. Oxford University Press.
Fodor, J. (2008). LOT 2: The language of thought revisited. Oxford University Press.
Frankfurter, F. (1947). Some reflections on the reading of statutes. Columbia Law Review, 47, 1–20.
Fuller, L. (1965). The morality of law. Yale University Press.
Geistfeld, M. (2017). Conceptualizing the intentional torts. Journal of Tort Law, 10, 159–196.
Ginsburg, T., & Stephanopoulos, N. (2017). The concepts of law. University of Chicago Law Review., 84, 147.
Ginther, M., et al. (2018). Decoding guilty minds: How jurors attribute knowledge and guilt. Vanderbilt Law Review, 71, 241.
Goldberg, J., & Zipursky, B. (2010). Torts as wrongs. Texas Law Review, 88, 917.
Griew, E. (1978). Consistency, communication and codification. In P. R. Glazebrook (Ed.), Reshaping the criminal law. Oxford University Press.
Hart, H. L. A. (1958). Positivism and the separation of law and morals. Harvard Law Review, 71, 606–615.
Hannikainen, I., & Donelson, R. (2020). Fuller and the folk: The inner morality of law revisited. Oxford Studies in Experimental Philosophy, 3, 6–28.
Hindriks, F. (2008). Intentional action and the praise-blame asymmetry. Philosophical Quarterly, 58, 630–641.
Honoré, A., & Gardner, J. (2010). Causation in the law. Stanford Encyclopedia of Philosophy, 16, 259–297.
Jiménez, F. (2021). Some doubts about folk jurisprudence: the case of proximate cause. University of Chicago Law Review Online, 5, 1.
Jiménez, F. (2022). Understanding private law. Methodology in Private Law Theory., 22, 39.
Jiménez, F. (2023). On Legal Expertise. American Journal of Jurisprudence,.
Jiménez, F. (2024). The limits of experimental jurisprudence. Cambridge Handbook of Experimental Jurisprudence, 5, 2483–2516.
Kahan, D., et al. (2015). “Ideology” or “Situation Sense”? An experimental investigation of motivated reasoning and professional judgment. University of Pennsylvania Law Review, 164, 349.
Kenny, A. (1976). Intention and purpose in law. In R. S. Summers (Ed.), Essays in legal philosophy. Oxford University Press.
Kneer, M., & Bourgeois-Gironde, S. (2017). Mens rea ascription, expertise and outcome effects: professional judges surveyed. Cognition, 169, 139–146.
Kneer, M., Hannikainen, I., Zehnder, M., Alemeida, G., Aguiar, F., Bystranowksi, P., Dranseika, V., Janik, B., Olier, J., Güver, L., Liefgreen, A., Tobia, K., Próchnicki, M., Rosas, A, Skozcen, I., Strohmaier, N., Struchiner, N. (unpublished manuscript). The Severity Effect on Intention and Knowledge. A cross-cultural study with laypeople and legal experts.
Kneer, M. (2022). Reasonableness on the clapham omnibus: exploring the outcome-sensitive folk concept of reasonable. Judicial Decision Making, 8, 25–48.
Kneer, M., & Skoczeń, I. (2023). Outcome effects, moral luck and the hindsight bias. Cognition, 232, 105258. https://doi.org/10.1016/j.cognition.2022.105258
Knobe, J. (2003a). Intentional action and side effects in folk psychology: An experimental investigation. Philosophical Psychology, 16, 309–324.
Knobe, J. (2003b). Intentional action and side effects in ordinary language. Analysis, 63, 190–194.
Knobe, J. (2004). Intention, intentional action and moral considerations. Analysis, 64, 181–187.
Knobe, J. (2010). Person as scientist, person as moralist. Behavioral and Brain Sciences, 33, 315–329.
Knobe, J., & Burra, A. (2006). The folk concepts of intention and intentional action: A cross-cultural study. Journal of Cognition and Culture, 6, 113–132.
Knobe, J., & Shapiro, S. (2020). Proximate cause explained: An essay in experimental jurisprudence. University of Chicago Law Review, 88, 165–236.
Kobick, J. (2010). Discriminatory intent reconsidered: Folk concepts of intentionality and equal protection jurisprudence. Harvard Civil Rights-Civil Liberties Law Review., 45, 517.
Lacey, N. (1993). A clear concept of intention: Elusive or illusory. Modern Law Review, 56, 621–642.
Lee, T., & Mouritsen, S. (2018). Judging ordinary meaning. Yale Law Journal, 127, 788.
Leslie, A., Knobe, J., & Cohen, A. (2006). Acting intentionally and the side-effect effect theory of mind and moral judgment. Psychological Science, 17, 421–427.
MacCormick, N., & Summers, S. (1991). Interpreting statutes: A comparative study. Yale University Press.
Machery, E. (2008). The folk concept of intentional action: Philosophical and experimental issues. Mind and Language, 23, 165–897.
Macleod, J. (2019). Ordinary causation. Indiana Law Journal, 94, 957.
Margolis, E. (1998). How to acquire a concept. Mind & Language, 13, 347–369.
Margolis, E., & Laurence, S. (2011). Learning matters: The role of learning in concept acquisition. Mind & Language, 26, 507–539.
McGinnis, J., & Rappaport, M. (2018). The constitution and the language of the law. William and Mary Law Review, 59, 1321.
Mele, A., & Cushman, F. (2007). Intentional action folk judgments, and stories: sorting things out. Midwest Studies in Philosophy, 31, 184–201.
Mertz, E. (2007). The language of law school: Learning to “Think Like a Lawyer.” Oxford University Press.
Model Penal Code 1.13 General Definitions.
Model Penal Code 2.02 (2)(a).
Morrison, S. (2014). Defending vicarious felony murder. Texas Tech Law Review, 47, 129.
Mott, C. (2018). Statutes of limitations and personal identity. Oxford Studies in Experimental Philosophy, 2, 243.
Nadelhoffer, T. (2004a). Blame, badness, and intentional action: A reply to knobe and mendlow. Journal of Theoretical and Philosophical Psychology, 24, 259.
Nadelhoffer, T. (2004b). On praise, side effects, and folk ascriptions of intentionality. Journal of Theoretical and Philosophical Psychology, 24, 196.
Nadelhoffer, T. (2006). Bad acts, blameworthy agents, and intentional actions: Some problems for juror impartiality. Philosophical Explorations, 9, 209–219.
Nievelstein, F., et al. (2008). Expertise-related differences in conceptual and ontological knowledge in the legal domain. European Journal of Cognitive Psychology, 20, 1043–1064.
Nourse, V. (2018). Textualism 30: Statutory interpretation after Justice Scalia. Alabama Law Review, 70, 667.
Pettit, D., & Knobe, J. (2009). The pervasive impact of moral judgment. Mind & Language, 24, 586–604.
Pollock, F., & Maitland, F. (1968). The History of English Law. Oxford University Press.
Prochownik, K., Feiertag, R., Horvath, J. & Wiegmann, A. (forthcoming). How much harm does it take? An experimental study on legal expertise, the severity effect, and intentionality ascriptions, The Cambridge Handbook of Experimental Jurisprudence (K. Tobia ed., Cambridge University Press).
Prochownik, K. et al. (2020). Not as bad as painted? Legal expertise, intentionality ascription, and outcome effects revisited, Proceedings of the 42nd Annual Conference of the Cognitive Science Society, pp. 1930–1936.
Prochownik, K. (2021). The experimental philosophy of law: new ways, old questions, and how not to get lost. Philosophy Compass, 16, e12791.
Rachlinski, J. (2009). Does unconscious racial bias affect trial judges. Notre Dame Law Review, 84, 1195.
Radin, M. (1989). Reconsidering the rule of law. Boston University Law Review., 8, 37–79.
Raz, J. (1979). The rule of law and its virtue, In: The authority of law (Oxford University Press).
Restatement (Second) of Torts § 18.
Restatement (Second) of Torts: Intent § 8A.
Restatement (Third) of Torts: Intent §1.
Restatement (Third) of Torts: Intentional Torts to Persons, Scope Note to Project (Am. Law Inst. Tent. Draft No. 1, April 8, 2015).
Restatement (Third) of Torts: Liab. For Physical Harm § 1.
Sabo, D. (2014). Where concepts come from: learning concepts by description and by demonstration. Erkenntis, 79, 531–549.
Sauer, H., & Bates, T. (2013). Chairmen, Cocaine, and car crashes: The knobe effect as an attribution error. The Journal of Ethics, 17, 305–330.
Schauer, F. (2015). Is law a technical language? San Diego Law Review, 52, 501–514.
Sebok, A. (2001). Purpose, belief, and recklessness: pruning the restatement (third)’s definition of intent. Vanderbilt Law Review, 54, 1165.
Shtulman, A., & Harrington, K. (2016). Tensions between science and intuition across the lifespan. Topics in Cognitive Science, 8, 118–137.
Shtulman, A., & McCallum, K. (2014). Cognitive reflection predicts science understanding. Proceedings of the Annual Meeting of the Cognitive Science Society, 36, 8.
Shtulman, A., & Valcarcel, J. (2012). Scientific knowledge suppresses but does not supplant earlier intuitions. Cognition, 124, 209–215.
Simester, A. (1996). Moral certainty and the boundaries of intention. Oxford Journal of Legal Studies, 16, 445–469.
Slocum, B. (2016). Ordinary meaning: A theory of the most fundamental principle of legal interpretation. University of Chicago Press.
Smith, S. (1991). Prototypes in the courtroom: Lay representations of legal. Concepts Journal of Personality and Social Psychology, 61, 857.
Solan, L., & Gales, G. (2017). Corpus linguistics as a tool in legal interpretation. BYU Law Review, 5, 113.
Solan, L., & Gales, T. (2016). Finding ordinary meaning in law: The judge, the dictionary, or the corpus? International Journal of Legal Discourse, 1, 253–276.
Solum, L. (unpublished manuscript). The constrant principle: original meaning and constitutional practice.
Sommers, R. (2020). Commonsense consent. Yale Law Journal, 8, 23.
Sommers, R. (2021). Experimental jurisprudence. Science, 373, 394–395.
Sripada, C. (2010). The deep self model and asymmetries in folk judgments about intentional action. Philosophical Studies, 151, 159–176.
Statsky, W. (2001). Essentials of Torts. 4: 159–176
Sugarman, S. (2017). Restating the tort of battery. Journal of Tort Law, 10, 197–236.
Tasioulas, J. (2019). The rule of law. In J. Tasioulas (Ed.), The Cambridge companion to the philosophy of law. Cambridge University Press.
Tobia, K. (2018). How people judge what is reasonable. Alabama Law Review, 70, 293.
Tobia, K. (2020). Testing ordinary meaning. Harvard Law Review, 134, 726.
Tobia, K. (2022). Experimental jurisprudence. University of Chicago Law Review, 89, 735–802.
Tobia, K., Slocum, B., & Nourse, V. (2022). Progressive textualism. Georgetown Law Journal, 78, 1437.
Tobia, K., Slocum, B., & Nourse, V. (2023). Ordinary meaning and ordinary people. University of Pennsylvania Law Review, 171, 365.
Tobia, K. (2023). Methodology and Innovation in Jurisprudence. Columbia Law Review, 123, 2483–2516.
Uttich, K., & Lombrozo, T. (2010). Norms inform mental state ascriptions: A rational explanation for the side-effect effect. Cognition, 116, 365.
Vedel, A. (2016). Big five personality group differences across academic majors: A systematic review. Personality and Individual Differences, 92, 1–10.
Yaffe, G. (2014). Criminal attempts. Yale Law Journal, 124, 92.
Acknowledgements
An early version of this paper appeared in my dissertation, Essays in Experimental Jurisprudence (2019). Thanks to Josh Knobe, Gideon Yaffe, Stephen Darwall, and Scott Shapiro for their comments on that draft and the rest of the dissertation. Thanks to three anonymous reviewers for their comments on a later revision. Because this paper evolved while circulating over several years, I am likely omitting other thanks owed, although thanks are certainly due to Nat Hansen, Ivar Hanniikainen, Markus Kneer and Karolina Prochownik.
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Tobia, K. Legal concepts and legal expertise. Synthese 203, 107 (2024). https://doi.org/10.1007/s11229-024-04512-3
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DOI: https://doi.org/10.1007/s11229-024-04512-3