Laws about bodily damage originate from shared intuitions about the value of body parts
Abstract
From the biblical lex talionis to the medieval wergild system and modern workers’ compensation laws, laws about bodily damage may originate from neurocognitive mechanisms that capitalize on an enduring regularity: Different body parts vary in their incremental contributions to human functionality. To evaluate this hypothesis, we conducted a preregistered study with materials based on five legal codes from highly diverse cultures and historical eras: the Law of Æthelberht (Kent, c. 600 CE), the Guta lag (Gotland, c. 1220 CE), and workers’ compensation laws from the United States, the Republic of Korea, and the United Arab Emirates; and 614 laypeople from the United States and India. The data indicate ordinal agreement in the values attached to body parts by ancient and modern lawmakers, as well as by laypeople in the United States and India. The observed agreement across time, space, and levels of legal expertise suggests that laws about bodily damage originate from shared intuitions about the value of body parts.
README: Laws about bodily damage originate from shared intuitions about the value of body parts
https://doi.org/10.5061/dryad.7m0cfxq4c
Description of the data and file structure
| United States data | Range of scale |
|---|---|
| Note 1: An empty cell indicates that the participant did not provide a value for this variable | n/a |
| Note 2: In a between-subjects design, participants were randomly assigned to one of seven conditions: (1) Difficulty, (2) My Anger, (3) My Gratitude, (4) Their Anger, (5) Their Gratitude, (6) Price, and (7) Compensation. In each condition, participants were asked to imagine a specific background event (e.g., in the Difficulty condition, losing a body part in an accident) and then answered a question about each of various body parts. Thus, condition is a between-subjects variable, while body parts are a within-subjects variable. The questions asked about each of various body parts in each condition were as follows, with the imagined background event in brackets. (1) Difficulty: [You lose various body parts in an accident]. How difficult, if at all, would it be for you to keep doing the things that you need to do in order to be a functioning person? (2) My Anger: How much anger, if any, would you feel toward your acquaintance if, because of their recklessness, you lose various body parts? (3) My Gratitude: [You lose body parts in an accident but someone is able to re-attach them or restore their functionality]. How much gratitude, if any, would you feel toward that person? (4) Their Anger: [Because of recklessness, you cause an acquaintance of yours to lose body parts]. How much anger, if any, do you think your acquaintance would feel toward you? (5) Their Gratitude: [An acquaintance of yours loses body parts in an accident, but then you are able to re-attach them or restore their functionality]. How much gratitude, if any, do you think your acquaintance would feel toward you? (6) Price: [Imagine there is a country with a market for body parts]. What are the market prices of various body parts in this market? (7) Compensation: [Imagine that you are a lawmaker; your task is to determine how much money, if any, an employee should receive as compensation if they lose a body part in a workplace accident]. How much money, if any, should employees be compensated with? | n/a |
| Participant # | n/a |
| Country | n/a |
| Condition | n/a |
| Sex | female-male |
| Big toe | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-10 |
| Second toe | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-10 |
| Third toe | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-10 |
| Fourth toe | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-10 |
| Fifth or little toe | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-10 |
| One hand | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-10 |
| One arm | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-10 |
| The hearing in one ear | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-10 |
| The hearing in both ears | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-10 |
| Both testicles | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-10 |
| One foot | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-10 |
| One leg | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-10 |
| Both hands | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-10 |
| Both feet | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-10 |
| The sight of both eyes | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-10 |
| The sight of one eye | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-10 |
| One testicle | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-10 |
| All ten fingers | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-10 |
| All ten toes | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-10 |
| The nose | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-10 |
| The ability to speak and chew | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-10 |
| Both legs | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-10 |
| Both arms | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-10 |
| Total disfigurement of face | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-10 |
| Total paralysis | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-10 |
| Imbecility or total mental deficiency | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-10 |
| Genitals | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-10 |
| One molar tooth | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-10 |
| One canine tooth | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-10 |
| One ear | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-10 |
| One eye | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-10 |
| One front tooth | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-10 |
| One fingernail | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-10 |
| One big toenail | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-10 |
| Thumb | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-10 |
| Index finger | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-10 |
| Middle finger | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-10 |
| Ring finger | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-10 |
| Little finger | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-10 |
| Age | Range: 20-75 years of age |
| Highest level of schooling | Range: 1: no schooling, 2: elementary school (some), 3: elementary school (completed), 4: high school (some), 5: high school (completed), 6: college (some), 7: college (completed), 8: advanced degree (masters or doctorate) (some), 9: advanced degree (masters or doctorate) (completed) |
| Attention check | "6": passed attention check; all other values: failed attention check |
| Major area of study in college | Range: 1: medicine, 2: economics, 3: history, 4: law, 5: computer science, 6: psychology, 7: vocational degree, 8: accounting, 9: other |
| Data inclusion | Range: 0: excluded from analysis: meets one or more of the three exclusion criteria; 1: included in analysis: meets none of the three exclusion criteria |
| India data | Range of scale |
|---|---|
| Note 1: An empty cell indicates that the participant did not provide a value for this variable | n/a |
| Note 2: In a between-subjects design, participants were randomly assigned to one of seven conditions: (1) Difficulty, (2) My Anger, (3) My Gratitude, (4) Their Anger, (5) Their Gratitude, (6) Price, and (7) Compensation. In each condition, participants were asked to imagine a specific background event (e.g., in the Difficulty condition, losing a body part in an accident) and then answered a question about each of various body parts. Thus, condition is a between-subjects variable, while body parts are a within-subjects variable. The questions asked about each of various body parts in each condition were as follows, with the imagined background event in brackets. (1) Difficulty: [You lose various body parts in an accident]. How difficult, if at all, would it be for you to keep doing the things that you need to do in order to be a functioning person? (2) My Anger: How much anger, if any, would you feel toward your acquaintance if, because of their recklessness, you lose various body parts? (3) My Gratitude: [You lose body parts in an accident but someone is able to re-attach them or restore their functionality]. How much gratitude, if any, would you feel toward that person? (4) Their Anger: [Because of recklessness, you cause an acquaintance of yours to lose body parts]. How much anger, if any, do you think your acquaintance would feel toward you? (5) Their Gratitude: [An acquaintance of yours loses body parts in an accident, but then you are able to re-attach them or restore their functionality]. How much gratitude, if any, do you think your acquaintance would feel toward you? (6) Price: [Imagine there is a country with a market for body parts]. What are the market prices of various body parts in this market? (7) Compensation: [Imagine that you are a lawmaker; your task is to determine how much money, if any, an employee should receive as compensation if they lose a body part in a workplace accident]. How much money, if any, should employees be compensated with? | n/a |
| Participant # | n/a |
| Country | n/a |
| Condition | n/a |
| Sex | female-male |
| Big toe | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-11 |
| Second toe | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-11 |
| Third toe | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-11 |
| Fourth toe | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-11 |
| Fifth or little toe | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-11 |
| One hand | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-11 |
| One arm | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-11 |
| The hearing in one ear | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-11 |
| The hearing in both ears | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-11 |
| Both testicles | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-11 |
| One foot | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-11 |
| One leg | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-11 |
| Both hands | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-11 |
| Both feet | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-11 |
| The sight of both eyes | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-11 |
| The sight of one eye | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-11 |
| One testicle | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-11 |
| All ten fingers | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-11 |
| All ten toes | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-11 |
| The nose | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-11 |
| The ability to speak and chew | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-11 |
| Both legs | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-11 |
| Both arms | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-11 |
| Total disfigurement of face | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-11 |
| Total paralysis | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-11 |
| Imbecility or total mental deficiency | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-11 |
| Genitals | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-11 |
| One molar tooth | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-11 |
| One canine tooth | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-11 |
| One ear | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-11 |
| One eye | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-11 |
| One front tooth | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-11 |
| One fingernail | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-11 |
| One big toenail | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-11 |
| Thumb | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-11 |
| Index finger | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-11 |
| Middle finger | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-11 |
| Ring finger | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-11 |
| Little finger | Range for Difficulty, My Anger, My Gratitude, Their Anger, and Their Gratitude conditions: 0-100; range for Price and Compensation conditions: 0-11 |
| Age | Range: 20-70 years of age |
| Highest level of schooling | Range: 1: no schooling, 2: elementary school (some), 3: elementary school (completed), 4: high school (some), 5: high school (completed), 6: college (some), 7: college (completed), 8: advanced degree (masters or doctorate) (some), 9: advanced degree (masters or doctorate) (completed) |
| Attention check | "6": passed attention check; all other values: failed attention check |
| Major area of study in college | Range: 1: medicine, 2: economics, 3: history, 4: law, 5: computer science, 6: psychology, 7: vocational degree, 8: accounting, 9: other |
| Data inclusion | Range: 0: excluded from analysis: meets one or more of the three exclusion criteria; 1: included in analysis: meets none of the three exclusion criteria |
Methods
Data collected online.