A coherent practice of mens rea (‘guilty mind’) ascription in criminal law presupposes a concept of mens rea which is insensitive to the moral valence of an action’s outcome. For instance, an assessment of whether an agent harmed another person intentionally should be unaffected by the severity of harm done. Ascriptions of intentionality made by laypeople, however, are subject to a strong outcome bias. As demonstrated by the Knobe effect, a knowingly incurred negative side effect is standardly judged intentional, whereas (...) a positive side effect is not. We report the first empirical investigation into intentionality ascriptions made by professional judges, which finds (i) that professionals are sensitive to the moral valence of outcome type, and (ii) that the worse the outcome, the higher the propensity to ascribe intentionality. The data shows the intentionality ascriptions of professional judges to be inconsistent with the concept of mens rea supposedly at the foundation of criminal law. (shrink)

How do we determine whether some candidate causal factor is an actual cause of some particular outcome? Many philosophers have wanted a view of actual causation which fits with folk intuitions of actual causation and those who wish to depart from folk intuitions of actual causation are often charged with the task of providing a plausible account of just how and where the folk have gone wrong. In this paper, I provide a range of empirical evidence aimed at showing just (...) how and where the folk go wrong in determining whether an actual causal relation obtains. The evidence suggests that folk intuitions of actual causation are generated by two epistemically defective processes. I situate the empirical evidence within a background discussion of debunking, arguing for a two-pronged debunking explanation of folk intuitions of actual causation. I conclude that those who wish to depart from folk intuitions of actual causation should not be compelled to square their account of actual causation with the verdicts of the folk. In the dispute over actual causation, folk intuitions deserve to be rejected. (shrink)

Moral judgments about an action are influenced by the action’s intentionality. The reverse is also true: judgments of intentionality can be influenced by an action’s moral valence. For example, respondents judge a harmful side-effect of an intended outcome to be more intentional than a helpful side-effect. Debate continues regarding the mechanisms underlying this “side-effect effect” and the conditions under which it will persist. The research behind this chapter tested whether the side-effect effect is intact in adolescents with psychopathic traits, who (...) are characterized by persistent immoral behavior, deficient moral emotions, and impairments in some forms of moral judgment. Results showed no differences between healthy adolescents and those with psychopathic traits: both groups judged harmful side-effects to be more intentional than helpful side-effects by an approximately 2:1 ratio. The chapter discusses these results in light of hypothesized mechanisms underlying the side-effect effect, and in light of our current understanding of moral reasoning deficits in psychopathy. (shrink)

This paper provides a comprehensive review of the experimental philosophy of action, focusing on the various different accounts of the Knobe Effect.

The standard view in social science and philosophy is that lying does not require the liar’s assertion to be false, only that the liar believes it to be false. We conducted three experiments to test whether lying requires falsity. Overall, the results suggest that it does. We discuss some implications for social scientists working on social judgments, research on lie detection, and public moral discourse.

The epistemic closure principle says that knowledge is closed under known entailment. The closure principle is deeply implicated in numerous core debates in contemporary epistemology. Closure’s opponents claim that there are good theoretical reasons to abandon it. Closure’s proponents claim that it is a defining feature of ordinary thought and talk and, thus, abandoning it is radically revisionary. But evidence for these claims about ordinary practice has thus far been anecdotal. In this paper, I report five studies on the status (...) of epistemic closure in ordinary practice. Despite decades of widespread assumptions to the contrary in philosophy, ordinary practice is ambivalent about closure. Ordinary practice does not endorse an unqualified version of the epistemic closure principle, although it might endorse a source-relative version of the principle. In particular, whereas inferential knowledge is not viewed as closed under known entailment, perceptual knowledge might be. (shrink)

Humans often attribute the things that happen to one or another actual cause. In this chapter, we survey some recent philosophical and psychological research on causal attribution. We pay special attention to the relation between graphical causal modeling and theories of causal attribution. We think that the study of causal attribution is one place where formal and experimental techniques nicely complement one another.

One of the most influential methodological contributions of twentieth‐century philosophy was the approach known as conceptual analysis. The majority of experimental philosophy papers are doing cognitive science. They are revealing surprising new effects and then offering explanations those effects in terms of certain underlying cognitive processes. The best way to get a sense for actual research programs in experimental philosophy is to look in detail at one particular example. This chapter considers the effect of moral considerations on intuitions about intentional (...) action, as an example. Working in conceptual analysis aimed to develop analyses of concepts, and in that context, the obvious proposal would be that people should be aiming for simple analyses of concepts. The chapter also focuses on the study of intuitions about knowledge. Experimental philosophy has sought to capture the patterns in people's intuitions through theories about underlying cognitive processes. (shrink)

Can judging that an agent blamelessly broke a rule lead us to claim, paradoxically, that no rule was broken at all? Surprisingly, it can. Across seven experiments, we document and explain the phenomenon of excuse validation. We found when an agent blamelessly breaks a rule, it significantly distorts people’s description of the agent’s conduct. Roughly half of people deny that a rule was broken. The results suggest that people engage in excuse validation in order to avoid indirectly blaming others for (...) blameless transgressions. Excuse validation has implications for recent debates in normative ethics, epistemology and the philosophy of language. These debates have featured thought experiments perfectly designed to trigger excuse validation, inhibiting progress in these areas. (shrink)

Experimental philosophy is often presented as a new movement that avoids many of the difficulties that face traditional philosophy. This article distinguishes two views of experimental philosophy: a narrow view in which philosophers conduct empirical investigations of intuitions, and a broad view which says that experimental philosophy is just the colocation in the same body of (i) philosophical naturalism and (ii) the actual practice of cognitive science. These two positions are rarely clearly distinguished in the literature about experimental philosophy, both (...) pro and con. The article argues, first, that the broader view is the only plausible one; discussions of experimental philosophy should recognize that the narrow view is a caricature of experimental philosophy as it is currently done. It then shows both how objections to experimental philosophy are transformed and how positive recommendations can be provided by adopting a broad conception of experimental philosophy. (shrink)

Assertion is fundamental to our lives as social and cognitive beings. Philosophers have recently built an impressive case that the norm of assertion is factive. That is, you should make an assertion only if it is true. Thus far the case for a factive norm of assertion been based on observational data. This paper adds experimental evidence in favor of a factive norm from six studies. In these studies, an assertion’s truth value dramatically affects whether people think it should be (...) made. Whereas nearly everyone agreed that a true assertion supported by good evidence should be made, most people judged that a false assertion supported by good evidence should not be made. The studies also suggest that people are consciously aware of criteria that guide their evaluation of assertions. Evidence is also presented that some intuitive support for a non-factive norm of assertion comes from a surprising tendency people have to misdescribe cases of blameless rule-breaking as cases where no rule is broken. (shrink)

We distinguish between two categories of belief—thin belief and thick belief—and provide evidence that they approximate genuinely distinct categories within folk psychology. We use the distinction to make informative predictions about how laypeople view the relationship between knowledge and belief. More specifically, we show that if the distinction is genuine, then we can make sense of otherwise extremely puzzling recent experimental findings on the entailment thesis (i.e. the widely held philosophical thesis that knowledge entails belief). We also suggest that the (...) distinction can be applied to debates in the philosophy of mind and metaethics. (shrink)

Knowledge is widely thought to entail belief. But Radford has claimed to offer a counterexample: the case of the unconfident examinee. And Myers-Schulz and Schwitzgebel have claimed empirical vindication of Radford. We argue, in defense of orthodoxy, that the unconfident examinee does indeed have belief, in the epistemically relevant sense of dispositional belief. We buttress this with empirical results showing that when the dispositional conception of belief is specifically elicited, people’s intuitions then conform with the view that knowledge entails (dispositional) (...) belief. (shrink)

In an important and widely discussed series of studies, Jonathan Phillips and colleagues have suggested that the ordinary concept of happiness has a substantial moral component. For in- stance, two persons who enjoy the same extent of positive emotions and are equally satisfied with their lives are judged as happy to different degrees if one is less moral than the other. Considering that the relation between morality and happiness or self-interest has been one of the central questions of moral philosophy (...) since at least Plato, such a result would be of considerable philosophical interest. On closer examination of the original research and new studies, we suggest that the data point to a different conclusion: in the dominant folk understanding of happiness, morality has no fundamental role. Findings seeming to indicate a moralized concept are better explained, we suggest, by folk theories on which extreme moral turpitude indicates that an individual suffers from psychological dysfunction. (shrink)

When two actors have the same mental state but one happens to harm another person (unlucky actor) and the other one does not (lucky actor), the latter elicits a milder moral judgement. To understand how this outcome effect would affect post-harm interactions between victims and perpetrators, we examined how the social role from which transgressions are perceived moderates the outcome effect, and how outcome effects on moral judgements transfer to agentic and communal interpersonal goals. Three vignette experiments (N = 950) (...) revealed similar outcome effects on moral judgement across social roles. In contrast, outcome effects on agentic and communal goals varied by social role: victims exhibited the strongest outcome effects and perpetrators the weakest, with bystanders falling in between. Moral judgement did not mediate the effects of outcome severity on interpersonal goals. We discuss the possibility that outcome severity raises normative expectations regarding post-harm interactions that are unrelated to moral considerations. (shrink)

Jonathan Livengood and Justin Sytsma have published a series of studies on “Actual Causation and Compositionality,” in which they investigate causal attributions of laypeople. We use one of their vignettes to follow up on their research. Our findings cast doubt on their conclusion that ordinary causal attributions tend to violate the compositionality constraint if one looks at cases in which someone is responsible for an effect by way of an intermediary that does not share in the responsibility.

In order to be doing something intentionally, must one know that one is doing it? Some philosophers have answered yes. Our aim is to test a version of this knowledge thesis, what we call the Knowledge/awareness Thesis, or KAT. KAT states that an agent is doing something intentionally only if he knows that he is doing it or is aware that he is doing it. Here, using vignettes featuring skilled action and vignettes featuring habitual action, we provide evidence that, in (...) various scenarios, a majority of non-specialists regard agents as intentionally doing things that the agents do not know they are doing and are not aware of doing. This puts pressure on proponents of KAT and leaves it to them to find a way these results can coexist with KAT. (shrink)

Cognitive scientists have been debating how the folk concept of intentional action works. We suggest a simple account: people consider that an agent did X intentionally to the extent that X was causally dependent on how much the agent wanted X to happen (or not to happen). Combined with recent models of human causal cognition, this definition provides a good account of the way people use the concept of intentional action, and offers natural explanations for puzzling phenomena such as the (...) side-effect effect. We provide empirical support for our theory, in studies where we show that people’s causation and intentionality judgments track each other closely, in everyday situations as well as in scenarios with unusual causal structures. Study 5 additionally shows that the effect of norm violations on intentionality judgments depends on the causal structure of the situation, in a way uniquely predicted by our theory. Taken together, these results suggest that the folk concept of intentional action has been difficult to define because it is made of cognitive building blocks, such as our intuitive concept of causation, whose logic cognitive scientists are just starting to understand. (shrink)

This paper presents a series of studies (total N=579) which demonstrate that folk judgments concerning the reasonableness of decisions and actions depend strongly on whether they engender positive or negative consequences. A particular decision is deemed more reasonable in retrospect when it produces beneficial consequences than when it produces harmful consequences, even if the situation in which the decision was taken and the epistemic circumstances of the agent are held fixed across conditions. This finding is worrisome for the law, where (...) the reasonable person standard plays a prominent role. The legal concept of reasonableness is outcome-insensitive: whether the defendant acted in a reasonable fashion or not depends exclusively on her context of action, no matter how things play out. Folk judgments of reasonableness are thus inconsistent with the legal concept of reasonableness. Problematically, in common law jurisdictions, the decision whether a defendant’s behavior was reasonable or not is frequently (though not necessarily) delegated to a lay jury. (shrink)

In order to be doing something intentionally, must one know that one is doing it? Some philosophers have answered yes. Our aim is to test a version of this knowledge thesis, what we call the Knowledge/Awareness Thesis, or KAT. KAT states that an agent is doing something intentionally only if he knows that he is doing it or is aware that he is doing it. Here, using vignettes featuring skilled action and vignettes featuring habitual action, we provide evidence that, in (...) various scenarios, a majority of non-specialists regard agents as intentionally doing things that the agents do not know they are doing and are not aware of doing. This puts pressure on proponents of KAT and leaves it to them to find a way these results can coexist with KAT. (shrink)

Mind &Language, Volume 34, Issue 3, Page 357-375, June 2019.

A central topic in experimental epistemology has been the ways that non-epistemic evaluations of an agent’s actions can affect whether the agent is taken to have certain kinds of knowledge. Several scholars have found that the positive or negative valence of an action can influence attributions of knowledge to the agent. These evaluative effects on knowledge attributions are commonly seen as performance errors, failing to reflect individuals’ genuine conceptual competence with knows. In the present article, I report the results of (...) a series of studies designed to test the leading version of this view, which appeals to the allegedly distorting influence of individuals’ motivation to blame. I argue that the data pose significant challenges to such a view. (shrink)

Traditionally it has been thought that the moral valence of a proposition is, strictly speaking, irrelevant to whether someone knows that the proposition is true, and thus irrelevant to the truth-value of a knowledge ascription. On this view, it’s no easier to know, for example, that a bad thing will happen than that a good thing will happen (other things being equal). But a series of very surprising recent experiments suggest that this is actually not how we view knowledge. On (...) the contrary, people are much more willing to ascribe knowledge of a bad outcome. This is known as the epistemic side-effect effect (ESEE), and is a specific instance of a widely documented phenomenon, the side-effect effect (a.k.a. “the Knobe effect”), which is the most famous finding in experimental philosophy. In this paper, I report a new series of five experiments on ESEE, and in the process accomplish three things. First, I confirm earlier findings on the effect. Second, I show that the effect is virtually unlimited. Third, I introduce a new technique for detecting the effect, which potentially enhances its theoretical significance. In particular, my findings make it more likely that the effect genuinely reflects the way we think about and ascribe knowledge, rather than being the result of a performance error. (shrink)

One of the central insights of the embodied cognition (EC) movement is that cognition is closely tied to action. In this paper, I formulate an EC-inspired hypothesis concerning social cognition. In this domain, most think that our capacity to understand and interact with one another is best explained by appeal to some form of mindreading. I argue that prominent accounts of mindreading likely contain a significant lacuna. Evidence indicates that what I call an agent’s actional processes and states—her goals, needs, (...) intentions, desires, and so on—likely play important roles in and for mindreading processes. If so, a full understanding of mindreading processes and their role in cognition more broadly will require an understanding of how actional mental processes interact with, influence, or take part in mindreading processes. (shrink)