Selecting and hiring the most psychologically fit probation officers is of utmost importance to the judiciary, court administration and the public good. This study examined the predictive validity of the PsychEval Personality Questionnaire / Protective Service Report Plus (PEPQ / PSR Plus) in its ability to predict job performance in a combined cohort of preemployment and incumbent probation officer candidates. Analyses revealed a statistically significant ability to predict performance problems, demonstrating that the PEPQ / PRS Plus is a valid and clinically useful psychological screening tool for the assessment and selection of probation officer candidates.
选择和雇用心理上最健康的缓刑官对司法、法院管理和公共利益至关重要。本研究考察了心理评估人格问卷/保护服务报告附加版(PEPQ / PSR Plus)对就业前和在职缓刑官候选人工作绩效的预测效度。分析显示，在统计上显著预测绩效问题的能力，证明PEPQ / PRS Plus是一种有效和临床有用的心理筛选工具，用于评估和选择缓刑官候选人。
{"title":"Selecting and Hiring Psychologically Fit Probation Officers: A Focused Examination of the PEPQ/PSR Plus","authors":"Scott D. Herrmann, Scott E. Bedwell","doi":"10.18352/IJCA.117","DOIUrl":"https://doi.org/10.18352/IJCA.117","url":null,"abstract":"Selecting and hiring the most psychologically fit probation officers is of utmost importance to the judiciary, court administration and the public good. This study examined the predictive validity of the PsychEval Personality Questionnaire / Protective Service Report Plus (PEPQ / PSR Plus) in its ability to predict job performance in a combined cohort of preemployment and incumbent probation officer candidates. Analyses revealed a statistically significant ability to predict performance problems, demonstrating that the PEPQ / PRS Plus is a valid and clinically useful psychological screening tool for the assessment and selection of probation officer candidates.","PeriodicalId":191231,"journal":{"name":"Law & Psychology eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116628662","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Legally, much depends on the moment that a negotiation becomes a deal. Unlike torts or civil procedure or any area of public law, the laws of promissory exchange only apply to parties who have manifested their assent to be bound. Even so, the moral norms of exchange and promise are quite firmly entrenched and more broadly applicable than just legal contracts. Norms of promise-keeping and reciprocity, interpersonal courtesy, community reputation — these kinds of intangible goods have real effects on contract behavior. For this reason it is especially surprising that intuitions about formation have gotten so little attention from legal and behavioral scholars. This paper offers five new empirical studies of commonsense approaches to contract formation. The first section of this Article surveys intuitions about what the law of formation is. In a world in which the vast majority of contracts are signed without the advice of counsel, most people have to draw inferences based on their background knowledge and beliefs. It turns out that the colloquial understanding of contract formation is about the formalization of an agreement rather than actual assent. In the second part of the Article, we tease out the intuitive relationship between formation and obligation. The law of contracts is very clear that parties’ obligations to one another turn entirely on whether or not they have mutually manifested assent to be bound. And, in fact, we find that behavioral results suggest that legal (or legalistic) formation does enhance commitment to a deal irrespective of its power to impose sanctions; it seems that the law has freestanding normative force. However, we also find that the subjective sense of obligation is not as black or white as the law would predict. Parties are influenced by the natural, informal obligations to one another that build over the course of a transaction, increasing their commitment to the partnership in stages rather than all at once at the moment of formation.
{"title":"The Common Sense of Contract Formation","authors":"Tess Wilkinson�?Ryan, David Hoffman","doi":"10.2139/ssrn.2402285","DOIUrl":"https://doi.org/10.2139/ssrn.2402285","url":null,"abstract":"Legally, much depends on the moment that a negotiation becomes a deal. Unlike torts or civil procedure or any area of public law, the laws of promissory exchange only apply to parties who have manifested their assent to be bound. Even so, the moral norms of exchange and promise are quite firmly entrenched and more broadly applicable than just legal contracts. Norms of promise-keeping and reciprocity, interpersonal courtesy, community reputation — these kinds of intangible goods have real effects on contract behavior. For this reason it is especially surprising that intuitions about formation have gotten so little attention from legal and behavioral scholars. This paper offers five new empirical studies of commonsense approaches to contract formation. The first section of this Article surveys intuitions about what the law of formation is. In a world in which the vast majority of contracts are signed without the advice of counsel, most people have to draw inferences based on their background knowledge and beliefs. It turns out that the colloquial understanding of contract formation is about the formalization of an agreement rather than actual assent. In the second part of the Article, we tease out the intuitive relationship between formation and obligation. The law of contracts is very clear that parties’ obligations to one another turn entirely on whether or not they have mutually manifested assent to be bound. And, in fact, we find that behavioral results suggest that legal (or legalistic) formation does enhance commitment to a deal irrespective of its power to impose sanctions; it seems that the law has freestanding normative force. However, we also find that the subjective sense of obligation is not as black or white as the law would predict. Parties are influenced by the natural, informal obligations to one another that build over the course of a transaction, increasing their commitment to the partnership in stages rather than all at once at the moment of formation.","PeriodicalId":191231,"journal":{"name":"Law & Psychology eJournal","volume":"197 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114401085","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Some noncompliant taxpayers fall outside the reach of third-party withholding and reporting. Revenue agencies may use enforcement and/or prosocial strategies to encourage compliance among such taxpayers. Revenue agencies should stand ready to use narrative as part of these efforts, despite implementation challenges. This is because of the persuasive capacity of narrative. It is also because media will likely create a narrative around any prominent strategy, and the media narrative may not further the goals of the agency.
{"title":"Narrative and Tax Compliance","authors":"S. Morse","doi":"10.2139/ssrn.2191216","DOIUrl":"https://doi.org/10.2139/ssrn.2191216","url":null,"abstract":"Some noncompliant taxpayers fall outside the reach of third-party withholding and reporting. Revenue agencies may use enforcement and/or prosocial strategies to encourage compliance among such taxpayers. Revenue agencies should stand ready to use narrative as part of these efforts, despite implementation challenges. This is because of the persuasive capacity of narrative. It is also because media will likely create a narrative around any prominent strategy, and the media narrative may not further the goals of the agency.","PeriodicalId":191231,"journal":{"name":"Law & Psychology eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-09-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116567872","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In an attempt to curtail labor exploitations taking place within the global supply chain, transparency legislations such as the Transparency in UK Company Supply Chains (Eradication of Slavery) Bill 2012-13 and other manifestations of sunshine policies have been on the rise. By incorporating findings from the field of social psychology, this short contribution questions the effectiveness of such measures and highlights some of the lurking risks should the legislators continue to promulgate similar legislations without a deeper understanding and appreciation for human cognition and psyche.
{"title":"Psychological Oversight: Why Bills Advocating for Transparency Could Do More Harm","authors":"M. Kawakami","doi":"10.2139/ssrn.3242728","DOIUrl":"https://doi.org/10.2139/ssrn.3242728","url":null,"abstract":"In an attempt to curtail labor exploitations taking place within the global supply chain, transparency legislations such as the Transparency in UK Company Supply Chains (Eradication of Slavery) Bill 2012-13 and other manifestations of sunshine policies have been on the rise. By incorporating findings from the field of social psychology, this short contribution questions the effectiveness of such measures and highlights some of the lurking risks should the legislators continue to promulgate similar legislations without a deeper understanding and appreciation for human cognition and psyche.","PeriodicalId":191231,"journal":{"name":"Law & Psychology eJournal","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-02-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114379539","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Scientists and science communicators have appropriately turned to the science of science communication for guidance in overcoming public conflict over climate change. The value of the knowledge that this science can impart, however, depends on it being used scientifically. It is a mistake to believe that either social scientists or science communicators can intuit effective communication strategies by simply consulting compendiums of psychological mechanisms. Social scientists have used empirical methods to identify which of the myriad mechanisms that could plausibly be responsible for public conflict over climate change actually are. Science communicators should now use valid empirical methods to identify which plausible real-world strategies for counteracting those mechanisms actually work. Collaboration between social scientists and communicators on evidence-based field experiments is the best means of using and expanding our knowledge of how to communicate climate science.
{"title":"Making Climate-Science Communication Evidence-Based — All the Way Down","authors":"D. Kahan","doi":"10.2139/ssrn.2216469","DOIUrl":"https://doi.org/10.2139/ssrn.2216469","url":null,"abstract":"Scientists and science communicators have appropriately turned to the science of science communication for guidance in overcoming public conflict over climate change. The value of the knowledge that this science can impart, however, depends on it being used scientifically. It is a mistake to believe that either social scientists or science communicators can intuit effective communication strategies by simply consulting compendiums of psychological mechanisms. Social scientists have used empirical methods to identify which of the myriad mechanisms that could plausibly be responsible for public conflict over climate change actually are. Science communicators should now use valid empirical methods to identify which plausible real-world strategies for counteracting those mechanisms actually work. Collaboration between social scientists and communicators on evidence-based field experiments is the best means of using and expanding our knowledge of how to communicate climate science.","PeriodicalId":191231,"journal":{"name":"Law & Psychology eJournal","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-02-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131580965","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Legal education in Ontario is intended to transform the student from a naive individual to one equipped to embark on a career as a lawyer or paralegal. This agenda disclosed by the educational institution and supported by the Law Society of Upper Canada, matches at least the initial aim of most students; this is the immediate transformation students seek. Other aims are not so openly disclosed: law societies may impose a duty on educators to inculcate "civility and professionalism" (the attitudes and manners of upper middle-class Victorian gentlemen), without acknowledging that such attitudes exclude racialized or immigrant students, working class students, and women. For law-school students, encounters with the hidden agenda may leave them depressed, furious, alienated from their community, and lacking recourse. Paralegal education has a similar, but not as deeply entrenched, hidden agenda.
{"title":"Here There Be Dragons: Exploring the Uncharted Waters of Hidden Curricula in Legal Adult Education","authors":"M. Anne Vespry","doi":"10.2139/SSRN.2702824","DOIUrl":"https://doi.org/10.2139/SSRN.2702824","url":null,"abstract":"Legal education in Ontario is intended to transform the student from a naive individual to one equipped to embark on a career as a lawyer or paralegal. This agenda disclosed by the educational institution and supported by the Law Society of Upper Canada, matches at least the initial aim of most students; this is the immediate transformation students seek. Other aims are not so openly disclosed: law societies may impose a duty on educators to inculcate \"civility and professionalism\" (the attitudes and manners of upper middle-class Victorian gentlemen), without acknowledging that such attitudes exclude racialized or immigrant students, working class students, and women. For law-school students, encounters with the hidden agenda may leave them depressed, furious, alienated from their community, and lacking recourse. Paralegal education has a similar, but not as deeply entrenched, hidden agenda.","PeriodicalId":191231,"journal":{"name":"Law & Psychology eJournal","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-02-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132595888","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This study identifies a severe gap between the financial backlash borrowers believe awaits them after strategic mortgage default and the reality that lenders rarely pursue deficiency judgments. This coupled with the social norm finding that borrowers widely view strategic default as immoral, leads us to recommend lenders and policymakers seeking to stem the tide of defaults to pursue a policy of informational opacity. We make several recommendations for how to carry out such a policy as well as what might need to change in society before the alternative policy of informational transparency becomes ideal.
{"title":"The Role of Informational Uncertainty in the Decision to Strategically Default","authors":"Michael J. Seiler","doi":"10.2139/ssrn.2465107","DOIUrl":"https://doi.org/10.2139/ssrn.2465107","url":null,"abstract":"This study identifies a severe gap between the financial backlash borrowers believe awaits them after strategic mortgage default and the reality that lenders rarely pursue deficiency judgments. This coupled with the social norm finding that borrowers widely view strategic default as immoral, leads us to recommend lenders and policymakers seeking to stem the tide of defaults to pursue a policy of informational opacity. We make several recommendations for how to carry out such a policy as well as what might need to change in society before the alternative policy of informational transparency becomes ideal.","PeriodicalId":191231,"journal":{"name":"Law & Psychology eJournal","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-01-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116920099","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Russian Abstract: Статья посвящена доказательству черты личности несовершеннолетнего обвиняемого.English Abstract: The article is devoted to proving the minor defendant's personality traits.
{"title":"К Вопросу Об Определении Особенностей Личности Несовершеннолетнего Подсудимого в Предмете Доказывания (On the Definition of Personality Traits Minor Defendant in the Subject of Proof)","authors":"Tatiana L. Boyakova","doi":"10.2139/SSRN.2551886","DOIUrl":"https://doi.org/10.2139/SSRN.2551886","url":null,"abstract":"Russian Abstract: Статья посвящена доказательству черты личности несовершеннолетнего обвиняемого.English Abstract: The article is devoted to proving the minor defendant's personality traits.","PeriodicalId":191231,"journal":{"name":"Law & Psychology eJournal","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-01-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121969577","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2012-11-01DOI: 10.1007/978-94-007-7110-9_13
J. Franck, K. Purnhagen
{"title":"Homo Economicus, Behavioural Sciences, and Economic Regulation: On the Concept of Man in Internal Market Regulation and Its Normative Basis","authors":"J. Franck, K. Purnhagen","doi":"10.1007/978-94-007-7110-9_13","DOIUrl":"https://doi.org/10.1007/978-94-007-7110-9_13","url":null,"abstract":"","PeriodicalId":191231,"journal":{"name":"Law & Psychology eJournal","volume":"116 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129027334","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In this paper, we illustrate how different behavioral problems can be incorporated into the standard economic model of tort law. Through this exercise, we develop a modeling language that can be utilized by law and economic scholars when considering the effect of behavioral biases and cognitive imperfections in tort law. We use these models in conjunction with the standard taxonomy of psychological biases, to show the effect of different biases on the behavior of tort agents. The models we present are applicable to a wide range of tort problems, and have the potential for application to a broader range of legal problems.
{"title":"Behavioral Models in Tort Law","authors":"Barbara Luppi, F. Parisi","doi":"10.2139/ssrn.2165856","DOIUrl":"https://doi.org/10.2139/ssrn.2165856","url":null,"abstract":"In this paper, we illustrate how different behavioral problems can be incorporated into the standard economic model of tort law. Through this exercise, we develop a modeling language that can be utilized by law and economic scholars when considering the effect of behavioral biases and cognitive imperfections in tort law. We use these models in conjunction with the standard taxonomy of psychological biases, to show the effect of different biases on the behavior of tort agents. The models we present are applicable to a wide range of tort problems, and have the potential for application to a broader range of legal problems.","PeriodicalId":191231,"journal":{"name":"Law & Psychology eJournal","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-10-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125633780","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：