Is there a "common law" of responsibility? The effect of demographic variables on judgments of wrongdoing.

Abstract

Contrary to common expectations and a good deal of legal folk wisdom, several surveys have failed to find group differences in the way people attribute responsibility and assign punishments. These “nonfinding,” suggest that there is a considerable degree of consensus about how to judge wrongdoing. The nature of this consensus is examined using survey data collected in two Japanese and one American cities. We examine the extent of group differences in the evaluation of inputs (here a set of hypothetical vignettes), decision rules, and punishments. The paper concludes with a discussion of the conceptual, theoretical, and methodological issues raised by these and similar findings of small group differences. Collectively, these three issues define, an agenda for future research on the nature and extent of a “common law” of responsibility.