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The influence of the legislative and judicial branches on moral judgment and norm perception with the special case of judicial intervention

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  • Maor Zeev‐Wolf
  • Avital Mentovich

Abstract

This paper examines the capacity of the legislative and judicial branches to shift moral judgment in the direction of the law, when they assume complementary, or competing, normative stances. Participants were asked to rate the morality and social acceptability of ethically dubious behaviors that were either permitted, or prohibited, by the legislative or judicial branch. We found that (i) the legislative branch alters moral judgment in the direction of its legislation, such that conduct seems more moral when the law permits it; (ii) the capacity of the legislative branch to alter moral judgments is similar to that of the judicial branch; (iii) the influence of both branches on moral judgment stems from their ability to impact upon prevailing norms; (iv) disagreements between the branches weakens their ability to influence moral judgment and norm perception. Our findings suggest that both branches are powerful norm setters, involved in shaping people's moral values.

Suggested Citation

  • Maor Zeev‐Wolf & Avital Mentovich, 2022. "The influence of the legislative and judicial branches on moral judgment and norm perception with the special case of judicial intervention," Regulation & Governance, John Wiley & Sons, vol. 16(4), pages 1211-1232, October.
    • Handle: RePEc:wly:reggov:v:16:y:2022:i:4:p:1211-1232
    DOI: 10.1111/rego.12404
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    1. Dino P. Christenson & David M. Glick, 2015. "Chief Justice Roberts's Health Care Decision Disrobed: The Microfoundations of the Supreme Court's Legitimacy," American Journal of Political Science, John Wiley & Sons, vol. 59(2), pages 403-418, February.
    2. Yuval Feldman, 2009. "The Expressive Function of Trade Secret Law: Legality, Cost, Intrinsic Motivation, and Consensus," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 6(1), pages 177-212, March.
    3. Soss, Joe & Schram, Sanford F., 2007. "A Public Transformed? Welfare Reform as Policy Feedback," American Political Science Review, Cambridge University Press, vol. 101(1), pages 111-127, February.
    4. Kotsadam, Andreas & Jakobsson, Niklas, 2011. "Do laws affect attitudes? An assessment of the Norwegian prostitution law using longitudinal data," International Review of Law and Economics, Elsevier, vol. 31(2), pages 103-115, June.
    5. Gibson, James L. & Caldeira, Gregory A. & Spence, Lester Kenyatta, 2003. "The Supreme Court and the US Presidential Election of 2000: Wounds, Self-Inflicted or Otherwise?," British Journal of Political Science, Cambridge University Press, vol. 33(4), pages 535-556, October.
    6. Joseph Daniel Ura, 2014. "Backlash and Legitimation: Macro Political Responses to Supreme Court Decisions," American Journal of Political Science, John Wiley & Sons, vol. 58(1), pages 110-126, January.
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