Here’s an article, just uploaded to SSRN, that I can’t resist promoting because it’s about moral intuitions and the law.
From the introduction:
In this research, we use traditional psychological methodologies to ask when laypeople consider breach to be immoral , which moral principles and moral heuristics they employ to make that judgment, and to what extent their moral reasoning (be it rational or faulty) affects their legal and financial decision-making.
Why should we read it? From the conclusion:
Empirical results like those we have presented here have bearing on practical legal matters, including bargaining during contract drafting as well as negotiations over the breach of a contract. These results may also bear on moral theories of breach of contract, as we identify some discontinuities and tensions between intuition and reason.
- Wilkinson-Ryan, Tess and Baron, Jonathan, “Moral Judgment and Moral Heuristics in Breach of Contract” (2006). Available at SSRN: http://ssrn.com/abstract=930144