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)

Mind wandering is typically operationalized as task-unrelated thought. Some argue for the need to distinguish between unintentional and intentional mind wandering, where an agent voluntarily shifts attention from task-related to task-unrelated thoughts. We reveal an inconsistency between the standard, task-unrelated thought definition of mind wandering and the occurrence of intentional mind wandering (together with plausible assumptions about tasks and intentions). This suggests that either the standard definition of mind wandering should be rejected or that intentional mind wandering is an incoherent (...) category. Solving this puzzle is critical for advancing theoretical frameworks of mind wandering. (shrink)

In certain cases, people judge that agents bring about ends intentionally but also that they do not bring about the means that brought about those ends intentionally—even though bringing about the ends and means is just as likely. We call this difference in judgments the Kraemer effect. We offer a novel explanation for this effect: a perceived difference in the extent to which agents know how to bring about the means and the ends explains the Kraemer effect. In several experiments, (...) we replicate the Kraemer effect in a variety of non-moral and moral scenarios, and we find support for our new account. This work accords with a burgeoning area of action theory that identifies an important connection between know-how and intentionality. (shrink)

On the surface, it seems plausible that the goodness or badness of an agent’s actions should be completely irrelevant to the question of whether she performed them intentionally, but there is growing evidence that ascriptions of intentional actions are affected by moral considerations. Joshua Knobe, for instance, has recently published a series of groundbreaking papers (2003a, 2003b, 2004) in which he suggests that people’s judgments concerning the intentionality of an action may sometimes depend on what they think about the action (...) – morally speaking. One of the more interesting results of Knobe’s psychological experiments is the discovery that people may have a lower threshold for judging that lucky (or unskilled) actions are intentional when these actions are praiseworthy or blameworthy than they do for judging that equally lucky (or unskilled) morally neutral actions are intentional. In this paper I show that this discovery – when supplemented with some additional empirical data – gives us a way of shedding new light on a controversy that was sparked by Ronald Butler in 1977 when he posed the following problem to the readers of Analysis. (shrink)

Philosophers traditionally have been concerned both to explain intentional behavior and to evaluate it from a moral point of view. Some have maintained that whether actions (and their consequences) properly count as intended sometimes hinges on moral considerations - specifically, considerations of moral responsibility. The same claim has been made about an action's properly counting as having been done intentionally. These contentions will be made more precise in subsequent sections, where influential proponents are identified. Our aim in this paper is (...) to show that familiar defenses of these more precise claims are unpersuasive and that the claims do not merit acceptance. Our concern, more broadly, is to illuminate the place occupied by intention and intentional action in a conceptual scheme suited both to explanatory needs in the philosophy of mind to evaluative needs in moral philosophy. (shrink)

This article reviews some recent empirical work on lay judgments about what agents do intentionally and what they intend in various stories and explores its bearing on the philosophical project of providing a conceptual analysis of intentional action. The article is a case study of the potential bearing of empirical studies of a variety of folk concepts on philosophical efforts to analyze those concepts and vice versa. Topics examined include double effect; the influence of moral considerations on judgments about what (...) is done intentionally and about what is intended; the influence of considerations of luck, skill, and causal deviance on judgments about what agents do intentionally; what interesting properties all cases of intentional action might share; and the debate between proponents of, respectively, "the Simple View" of the connection between intentional action and intention and "the Single Phenomenon View" of that connection. A substantial body of literature is devoted to the project of analyzing intentional action [1] . In this article, I explore the bearing on that project of some recent empirical work on lay judgments about what is done intentionally and about what is intended. This article may reasonably be regarded as a case study of the potential bearing of empirical studies of a range of folk concepts on philosophical efforts to analyze those concepts and, likewise, of the potential bearing of attempted philosophical analyses of folk concepts on empirical studies of those concepts. (shrink)

Much of the recent work in action theory can be organized around a set of objections facing the Simple View and other intention-based accounts of intentional action. In this paper, I review three of the most popular objections to the Simple View and argue that all three objections commit a common fallacy. I then draw some more general conclusions about the relationship between intentional action and moral responsibility.

Beebe and Buckwalter (2010) made the surprising discovery that people are more inclined to attribute knowledge when norms are violated than when they are conformed to. The epistemic side-effect effect (ESEE) is the analogue of the Knobe effect (Knobe 2003a). ESEE was replicated in a number of experiments. It was also studied under various conditions. We have carried out a meta-analysis of research on ESEE. The results suggest that ESEE is a robust finding but its magnitude is highly variable. Two (...) study-level covariates influence its size: the subject of the knowledge attribution (agent vs third-party) and the type of norm that is violated or complied with. The effect size is not influenced, however, by the manipulation of chances, by whether the story is about a side effect or not, by language or by question phrasing. The impact of the Gettierization of the story is marginally significant. (shrink)

The characteristic asymmetry in intentionality attributions that is known as the Knobe effect can be explained by conjoining an orthodox theory of intentional action with a normative account of intentional omission. On the latter view: omissions presuppose some normative context; there are good reasons why the intentionality of omissions requires agents' knowledge rather than intention. The asymmetry in intentionality attributions in Knobe's cases can be seen to be derivative from an asymmetry in intentional omissions. The omissions account further explains the (...) Butler problem and some related puzzles. It also safeguards the simple view of intentional action from the asymmetry challenge. (shrink)

The Knobe effect :190–194, 2003a) consists in our tendency to attribute intentionality to bringing about a side effect when it is morally bad but not when it is morally good. Beebe and Buckwalter have demonstrated that there is an epistemic side-effect effect : people are more inclined to attribute knowledge when the side effect is bad in Knobe-type cases. ESEE is quite robust. In this paper, I present a new explanation of ESEE. I argue that when people attribute knowledge in (...) morally negative cases, they express a consequence-knowledge claim rather than a predictive claim. I use the omissions account :550–571, 2015) to explain why the consequence-knowledge claim is particularly salient in morally negative cases. Unlike the doxastic heuristic account :264–289, 2012), the omissions account can explain the persistence of ESEE in the so-called slight-chance of harm conditions. I present the results of empirical studies that test the predictions of the account. I show that ESEE occurs in Butler-type scenarios. Some of the studies involve close replications of Nadelhoffer’s :277–284, 2004) study. (shrink)

We discuss two philosophical explanations of the epistemic side-effect effect: the doxastic heuristic account (Alfano et al. The Monist 95 (2): 264–289, 2012) and the consequence account (Paprzycka-Hausman Synthese 197: 5457–5490, 2020). We argue that the doxastic heuristic account has problems with explaining knowledge attributions in cases where the probability that the side effect will occur is low and where the side effect does not ultimately occur. It can explain why there is a difference between the harm and the help (...) cases but it cannot explain why people are willing to attribute knowledge in the harm cases. Such attributions can be explained on the consequence account, which takes knowledge attributions in norm-violation cases to be due to the increased salience of a consequence-awareness claim (knowledge that a possible consequence of the chairman’s action is that the environment would be harmed). We report the results of a new study that tests the predictions of both accounts. In some conditions, people attribute knowledge of the side effect even in cases where the chairman does not have the relevant belief. This result directly contradicts the central tenet of the doxastic heuristic account. Linear regression models of knowledge attribution that correspond to the two accounts were compared. The addition of different justification options significantly contributes to the predictive power of the statistical model. The consequence account can explain the pattern of justifications better than the doxastic heuristic account. Our findings support the consequence account and pose a challenge to the proponents of the doxastic heuristic account. (shrink)

The characteristic asymmetry in the attribution of intentionality in causing side effects, known as the Knobe effect, is considered to be a stable model of human cognition. This article looks at whether the way of thinking and analysing one scenario may affect the other and whether the mutual relationship between the ways in which both scenarios are analysed may affect the stability of the Knobe effect. The theoretical analyses and empirical studies performed are based on a distinction between moral and (...) non-moral normativity possibly affecting the judgments passed in both scenarios. Therefore, an essential role in judgments about the intentionality of causing a side effect could be played by normative competences responsible for distinguishing between normative orders. (shrink)