Apologies, Remorse, and Amends: Empirical Legal Studies Across Domains and Disciplines

Abstract

The role of apologies in law is offered as an example of a topic that cuts across legal fields, and one that is quintessentially interdisciplinary. Because apologies are an often-desired response in the wake of a wrongful act, they can be significant in many legal settings. Apologies or the lack thereof affect attributions of responsibility and blame, provide information, and alter relationships. Apologies play a role in motivating or forestalling legal action, shape settlement in civilcases, influence punishment in criminal cases, provide alternate or complementary means of accountability, and impact relations among parties to conflict from the interpersonal to the geopolitical. An understanding of apologies is enriched by research conducted by legal scholars, sociologists and psychologists, economists and political scientists, historians and linguists, and criminologists, using methods drawn from each of these fields. This range of empirical research is necessary to successfully develop a better understanding of the desire for, effects of, and limits of apologies across varied legal contexts and the implications for client counseling and legal strategy, for legal reform and systems design, for political decision making, and for procedural, restorative, and transitional justice.