The article aims to introduce the issue of legal luck and set the direction for further research on this topic. It contains an answer to the question about the relationship between moral luck and legal luck. Three positions are analyzed. The first one, represented by Arthur Ripstein, says that moral luck and legal luck are autonomous issues. The second one, represented by David Enoch, states that legal luck is the result of applying moral luck to law. The third one, on (...) the contrary, refers to the concept of moral luck as a result of applying legal luck to morality. The author discusses diverse conceptions, indicating their strong and weak points, and finally opts for one of them, which leads to a certain view of further research on legal luck. (shrink)

A traditional idea is that moral judgment involves more than calculating the consequences of actions; it also requires an assessment of the agent's intentions, the act's nature, and whether the agent uses another person as a means to her ends. I survey experimental developments suggesting that ordinary people often tacitly reason in terms of such deontological rules. It's now unclear whether we should posit a traditional form of the doctrine of double effect. However, further research suggests that a range of (...) non-consequentialist factors influence moral judgment, including intentions, commissions, personal harm, and agent-centered commitments. Many, if not all, such factors appear to affect how involved the agent is in bringing about an outcome. (shrink)

The results from a number of recent studies suggest that ascriptions of intentionality are based on evaluative considerations: specifically, that the likelihood of viewing a person’s actions as intentional is greater when the outcome is bad than good (see Knobe, 2006, 2010). In this research we provide an alternative explanation for these findings, one based on the idea that ascriptions of intentionality depend on causal structure. As predicted by the causal structure view, we observed that actions leading to bad outcomes (...) are associated with negative social pressures (Experiment 1), that these negative pressures give rise to a specific kind of causal structure (Experiment 2), and that when these causal structures are pitted against the badness of the outcome, intentionality judgments track with causal structure and not badness (Experiment 3). While the badness of an outcome may have an indirect effect on judgments of intentionality, our results suggest that the factors that affect judgments of intentionality most directly are non-evaluative and objective. (shrink)

To address the underrepresentation of women in philosophy effectively, we must understand the causes of the early loss of women. In this paper we challenge one of the few explanations that has focused on why women might leave philosophy at early stages. Wesley Buckwalter and Stephen Stich offer some evidence that women have different intuitions than men about philosophical thought experiments. We present some concerns about their evidence and we discuss our own study, in which we attempted to replicate their (...) results for 23 different responses to 14 scenarios . We also conducted a literature search to see if other philosophers or psychologists have tested for gender differences in philosophical intuitions. Based on our findings, we argue that that it is unlikely that gender differences in intuitions play a significant role in driving women from philosophy. (shrink)

Reasoning about underlying causal relations drives responsibility judgments: agents are held responsible for the outcomes they cause through their behaviors. Two main causal reasoning approaches exist: dependence theories emphasize statistical relations between causes and effects, while transference theories emphasize mechanical transmission of energy. Recently, pluralistic or hybrid models, combining both approaches, have emerged as promising psychological frameworks. In this paper, we focus on causal reasoning as involved in third-party judgements of responsibility and on related judgments of intention and control. In (...) particular, we used a novel visual paradigm to investigate the combined effects of two well-known causal manipulations, namely omission and pre-emption, on these evaluations. Our findings support the view that people apply a pluralistic causal reasoning when evaluating individual responsibility for negative outcomes. In particular, we observed diminished responsibility when dependence, transference, or both fail, compared to when these mechanisms are upheld. Responsibility judgement involves a cognitive hybrid of multiple aspects of causal reasoning. However, important differences exist at the interindividual level, with most people weighting transference more than dependence. (shrink)

Minimizing the costs that others impose upon oneself and upon those in whom one has a fitness stake, such as kin and allies, is a key adaptive problem for many organisms. Our ancestors regularly faced such adaptive problems (including homicide, bodily harm, theft, mate poaching, cuckoldry, reputational damage, sexual aggression, and the infliction of these costs on one's offspring, mates, coalition partners, or friends). One solution to this problem is to impose retaliatory costs on an aggressor so that the aggressor (...) and other observers will lower their estimates of the net benefits to be gained from exploiting the retaliator in the future. We posit that humans have an evolved cognitive system that implements this strategy – deterrence – which we conceptualize as a revenge system. The revenge system produces a second adaptive problem: losing downstream gains from the individual on whom retaliatory costs have been imposed. We posit, consequently, a subsidiary computational system designed to restore particular relationships after cost-imposing interactions by inhibiting revenge and motivating behaviors that signal benevolence for the harmdoer. The operation of these systems depends on estimating the risk of future exploitation by the harmdoer and the expected future value of the relationship with the harmdoer. We review empirical evidence regarding the operation of these systems, discuss the causes of cultural and individual differences in their outputs, and sketch their computational architecture. (shrink)

‘Frankfurt-style cases’ (FSCs) are widely considered as having refuted the Principle of Alternate Possibilities (PAP) by presenting cases in which an agent is morally responsible even if he could not have done otherwise. However, Neil Levy (J Philos 105:223–239, 2008) has recently argued that FSCs fail because we are not entitled to suppose that the agent is morally responsible, given that the mere presence of a counterfactual intervener is enough to make an agent lose responsibility-grounding abilities. Here, I distinguish two (...) kinds of Frankfurt counter-arguments against the PAP: the direct and the indirect counter-arguments. I then argue that Levy’s argument, if valid, can shed doubt on the indirect argument but leaves the direct argument untouched. I conclude that FSCs can still do their job, even if we grant that the mere presence of a counterfactual intervener can modify an agent’s abilities. (shrink)

This chapter discusses the philosophical relevance of empirical research on moral cognition. It distinguishes three central aims of normative ethical theory: understanding the nature of moral agency, identifying morally right actions, and determining the justification of moral beliefs. For each of these aims, the chapter considers and rejects arguments against employing cognitive scientific research in normative inquiry. It concludes by suggesting that, whichever of the central aims one begins from, normative ethics is improved by engaging with the science of moral (...) cognition. (shrink)

Moral non-cognitivists hope to explain the nature of moral agreement and disagreement as agreement and disagreement in non-cognitive attitudes. In doing so, they take on the task of identifying the relevant attitudes, distinguishing the non-cognitive attitudes corresponding to judgements of moral wrongness, for example, from attitudes involved in aesthetic disapproval or the sports fan’s disapproval of her team’s performance. We begin this paper by showing that there is a simple recipe for generating apparent counterexamples to any informative specification of the (...) moral attitudes. This may appear to be a lethal objection to non-cognitivism, but a similar recipe challenges attempts by non-cognitivism’s competitors to specify the conditions underwriting the contrast between genuine and merely apparent moral disagreement. Because of its generality, this specification problem requires a systematic response, which, we argue, is most easily available for the non-cognitivist. Building on premisses congenial to the non-cognitivist tradition, we make the following claims: (1) In paradigmatic cases, wrongness-judgements constitute a certain complex but functionally unified state, and paradigmatic wrongness-judgements form a functional kind, preserved by homeostatic mechanisms. (2) Because of the practical function of such judgements, we should expect judges’ intuitive understanding of agreement and disagreement to be accommodating, treating states departing from the paradigm in various ways as wrongness-judgements. (3) This explains the intuitive judgements required by the counterexample-generating recipe, and more generally why various kinds of amoralists are seen as making genuine wrongness-judgements. (shrink)

In this paper I will argue that this entire dialectic is somewhat misguided. The mental states which are generally assumed to fall under the category of ‘intuition’ likely comprise a highly heterogeneous group; from the point of view of psychology or of neuroscience, in fact, ‘intuitions’ appear to be generated by several fundamentally different sorts of mental processes. If this is correct, then the term ‘intuition’ may simply carve things too broadly. I will argue that it is a mistake to (...) focus on the ‘reliability of intuition’; empirical evidence suggests that the reliability of one type of intuition may tell us next to nothing about the reliability of other types. Rather than debating the evidential status of intuition as a whole, philosophers interested in methodology would do well to focus their investigations much more narrowly. (shrink)

According to the Doctrine of Doing and Allowing, the distinction between doing and allowing harm is morally significant. Doing harm is harder to justify than merely allowing harm. This paper is the second of a two paper critical overview of the literature on the Doctrine of Doing and Allowing. In this paper, I consider the moral status of the distinction between doing and allowing harm. I look at objections to the doctrine such as James’ Rachels’ Wicked Uncle Case and Jonathan (...) Bennett’s argument that any acceptable analysis of the distinction leaves it implausible that the distinction is morally relevant. I consider putative defences of the Doctrine from Philippa Foot and Warren Quinn. I argue that neither Foot not Quinn provides a satisfactory justification of the Doctrine of Doing and Allowing, but that the idea of self-ownership discussed by Quinn can be developed to provide a justification of the doctrine. (shrink)

When we evaluate moral agents, we consider many factors, including whether the agent acted freely, or under duress or coercion. In turn, moral evaluations have been shown to influence our (non-moral) evaluations of these same factors. For example, when we judge an agent to have acted immorally, we are subsequently more likely to judge the agent to have acted freely, not under force. Here, we investigate the cognitive signatures of this effect in interpersonal situations, in which one agent (“forcer”) forces (...) another agent (“forcee”) to act either immorally or morally. The structure of this relationship allowed us to ask questions about both the “forcer” and the “forcee.” Paradoxically, participants judged that the “forcer” forced the “forcee” to act immorally (i.e. X forced Y), but that the “forcee” was not forced to act immorally (i.e. Y was not forced by X). This pattern obtained only for human agents who acted intentionally. Directly changing participants’ focus from one agent to another (forcer vs. forcee) also changed the target of moral evaluation and therefore force attributions. The full pattern of judgments may provide a window into motivated moral reasoning and focusing bias more generally; participants may have been motivated to attribute greater force to the immoral forcer and greater freedom to the immoral forcee. (shrink)

Ordinary people often make moral judgments that are consistent with philosophical principles and legal distinctions. For example, they judge killing as worse than letting die, and harm caused as a necessary means to a greater good as worse than harm caused as a side-effect (Cushman, Young, & Hauser, 2006). Are these patterns of judgment produced by mechanisms specific to the moral domain, or do they derive from other psychological domains? We show that the action/omission and means/side-effect distinctions affect nonmoral representations (...) and provide evidence that their role in moral judgment is mediated by these nonmoral psychological representations. Specifically, the action/omission distinction affects moral judgment primarily via causal attribution, while the means/side-effect distinction affects moral judgment via intentional attribution. We suggest that many of the specific patterns evident in our moral judgments in fact derive from nonmoral psychological mechanisms, and especially from the processes of causal and intentional attribution. (shrink)

Moral judgment – even the type discussed by Knobe – necessarily relies on substantial information about an agent's mental states, especially regarding beliefs and attitudes. Moreover, the effects described by Knobe can be attributed to norm violations in general, rather than moral concerns in particular. Consequently, Knobe's account overstates the influence of moral judgment on assessments of mental states and causality.

Moral judgments, we expect, ought not to depend on luck. A person should be blamed only for actions and outcomes that were under the person’s control. Yet often, moral judgments appear to be influenced by luck. A father who leaves his child by the bath, after telling his child to stay put and believing that he will stay put, is judged to be morally blameworthy if the child drowns (an unlucky outcome), but not if his child stays put and doesn’t (...) drown. Previous theories of moral luck suggest that this asymmetry reflects primarily the influence of unlucky outcomes on moral judgments. In the current study, we use behavioral methods and fMRI to test an alternative: these moral judgments largely reflect participants’ judgments of the agent’s beliefs. In “moral luck” scenarios, the unlucky agent also holds a false belief. Here, we show that moral luck depends more on false beliefs than bad outcomes. We also show that participants with false beliefs are judged as having less justified beliefs and are therefore judged as more morally blameworthy. The current study lends support to a rationalist account of moral luck: moral luck asymmetries are driven not by outcome bias primarily, but by mental state assessments we endorse as morally relevant, i.e. whether agents are justified in thinking that they won’t cause harm. (shrink)

It has often been suggested that people’s ordinary capacities for understanding the world make use of much the same methods one might find in a formal scientific investigation. A series of recent experimental results offer a challenge to this widely-held view, suggesting that people’s moral judgments can actually influence the intuitions they hold both in folk psychology and in causal cognition. The present target article distinguishes two basic approaches to explaining such effects. One approach would be to say that the (...) relevant competencies are entirely non-moral but that some additional factor (conversational pragmatics, performance error, etc.) then interferes and allows people’s moral judgments to affect their intuitions. Another approach would be to say that moral considerations truly do figure in workings of the competencies themselves. It is argued that the data available now favor the second of these approaches over the first. (shrink)

Individuals tend to judge bad side effects as more intentional than good side effects (the Knobe or side- effect effect). Here, we assessed how widespread these findings are by testing eleven adult cohorts of eight highly contrasted cultures on their attributions of intentional action as well as ratings of blame and praise. We found limited generalizability of the original side-effect effect, and even a reversal of the effect in two rural, traditional cultures (Samoa and Vanuatu) where participants were more likely (...) to judge the good side effect as intentional. Three follow-up experiments indicate that this reversal of the side-effect effect is not due to semantics and may be linked to the perception of the status of the protagonist. These results highlight the importance of factoring cultural context in our understanding of moral cognition. (shrink)

Groups have committed historical wrongs (e.g., genocide, slavery). We investigated why people blame current groups who were not involved in the original historical wrong for the actions of their predecessors who committed these wrongs and are no longer alive. Current models of individual and group blame overlook the dimension of time and therefore have difficulty explaining this phenomenon using their existing criteria like causality, intentionality, or preventability. We hypothesized that factors that help psychologically bridge the past and present, like perceiving (...) higher (a) connectedness between past and present perpetrator groups, (b) continued privilege of perpetrator groups, (c) continued harm of victim groups, and (d) unfulfilled forward obligations of perpetrator groups would facilitate higher blame judgments against current groups for the past. In two repeated-measures surveys using real events (N1 = 518, N2 = 495) and two conjoint experiments using hypothetical events (N3 = 598, N4 = 605), we find correlational and causal evidence for our hypotheses. These factors link present groups to their past and cause more historical blame and support for compensation policies. This work brings the dimension of time into theories of blame, uncovers overlooked criteria for blame judgments, and questions the assumptions of existing blame models. Additionally, it helps us understand the psychological processes undergirding intergroup relations and historical narratives mired in historical conflict. Our work provides psychological insight into the debates on intergenerational justice by suggesting methods people can use to ameliorate the psychological legacies of historical wrongs and atrocities. (shrink)

Introduction: A general trend in the psychological literature suggests that guilt contributes to morality more than shame does. Unlike shame-prone individuals, guilt-prone individuals internalize the causality of negative events, attribute responsibility in the first person, and engage in responsible behavior. However, it is not known how guilt- and shame-proneness interact with the attribution of responsibility to others. -/- Methods: In two Web-based experiments, participants reported their attributions of moral culpability (i.e., responsibility, causality, punishment and decision-making) about morally ambiguous acts of (...) killing in different conditions. In Study 1 the vignettes were presented in the 1st person, while in Study 2 in the 3rd person. To test proneness to guilt and shame, we utilized the GASP scale, which differentiates between the affective and behavioral components of each emotion. Statistical analyses were performed in Matlab and R. -/- Results: We found that guilt- and shame-proneness were associated with the severity of attributions in both the first and the third person, but the effect was strong only in the guilt case (both subtypes) and shame-affect case, and not in the shame-behavior case. We call this the Moralizing Effect. -/- Discussion: We wonder whether our finding that guilt-prone people tend to attribute a higher degree of culpability to others is really consistent with the view that guilt motivates people to choose the “moral paths in life”. This echoes views about the harmful aspects of guilt, which have been expressed historically in philosophy, for example, by Friedrich Nietzsche. (shrink)

In developing artificial intelligence (AI), researchers often benchmark against human performance as a measure of progress. Is this kind of comparison possible for moral cognition? Given that human moral judgment often hinges on intangible properties like “intention” which may have no natural analog in artificial agents, it may prove difficult to design a “like‐for‐like” comparison between the moral behavior of artificial and human agents. What would a measure of moral behavior for both humans and AI look like? We unravel the (...) complexity of this question by discussing examples within reinforcement learning and generative AI, and we examine how the puzzle of evaluating artificial agents' moral cognition remains open for further investigation within cognitive science. (shrink)

Are we ever morally permitted to do what is morally wrong? It seems intuitive that we are, but evidence for dissociations among judgment of permissibility and wrongness are relatively scarce. Across 4 experiments (N = 1,438), we show that people judge that some behaviors can be morally wrong and permissible. The dissociations arise because these judgments track different morally relevant aspects of everyday moral encounters. Judgments of individual rights predicted permissibility but not wrongness, while character assessment predicted wrongness but not (...) permissibility. These findings suggest a picture in which moral evaluation is granular enough to express reasoning about different types of normative considerations, notably the possibility that people can exercise their rights in morally problematic ways. (shrink)

Are judgments of praise for moral behavior modulated by knowledge of an agent's past suffering at the hands of others, and if so, in what direction? Drawing on multiple lines of research in experimental social psychology, we identify three hypotheses about the psychology of praise — typecasting, handicapping, and non-historicism — each of which supports a different answer to the question above. Typecasting predicts that information about past suffering will augment perceived patiency and thereby diminish perceived agency, making altruistic actions (...) seem less praiseworthy; handicapping predicts that this information will make altruistic actions seem more effortful, and hence more praiseworthy; and non-historicism predicts that judgments of praise will be insensitive to information about an agent's experiential history. We report the results of two studies suggesting that altruistic behavior tends to attract more praise when the experiential history of the agent involves coping with adversity in childhood rather than enjoying prosperity (Study 1, N = 348, p = .03, d = 0.45; Study 2, N = 400, p = .02, d = 0.39), as well as the results of a third study suggesting that altruistic behavior tends to be evaluated more favorably when the experiential history of the agent includes coping with adversity than in the absence of information about the agent's past experience (N = 226, p = .002). This pattern of results, we argue, is more consistent with handicapping than typecasting or non-historicism. (shrink)

Philosophers disagree about whether outcome luck can affect an agent's “moral responsibility.” Focusing on responsibility's “negative side,” some maintain, and others deny, that an action's results bear constitutively on how “blameworthy” the actor is, and on how much blame or punishment they “deserve.” Crucially, both sides to the debate assume that an actor's blameworthiness and negative desert are equally affected—or unaffected—by an action's results. This article challenges that previously overlooked assumption, arguing that blameworthiness and desert are distinct moral notions that (...) serve distinct normative functions: blameworthiness serves aliabilityfunction (removing a bar to otherwise impermissible treatments), whereas desert serves afavoringfunction (contributing new value to states of affairs, or providing new reasons for responsive treatments). Having distinguished (negative) desert from blameworthiness, the article proposes a novel resolution to the outcome‐luck debate: that results do not affect an agent's liability to blame, but do affect the amount and severity of blame to which the agent is justly liable, including by affecting the severity of blame that the agent deserves. (shrink)

In a series of ten preregistered experiments (N=2043), we investigate the effect of outcome valence on judgments of probability, negligence, and culpability – a phenomenon sometimes labelled moral (and legal) luck. We found that harmful outcomes, when contrasted with neutral outcomes, lead to increased perceived probability of harm ex post, and consequently to increased attribution of negligence and culpability. Rather than simply postulating a hindsight bias (as is common), we employ a variety of empirical means to demonstrate that the outcome-driven (...) asymmetry across perceived probabilities constitutes a systematic cognitive distortion. We then explore three distinct strategies to alleviate the hindsight bias and its downstream effects on mens rea and culpability ascriptions. Not all are successful, but at least some prove promising. They should, we argue, be taken into consideration in criminal jurisprudence, where distortions due to the hindsight bias are likely considerable and deeply disconcerting. (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)

In many spheres, the law takes the legal concept of causation to correspond to the folk concept (the correspondence assumption). Courts, including the US Supreme Court, tend to insist on the "common understanding" and that which is "natural to say" (Burrage v. United States) when it comes to expressions relating to causation, and frequently refuse to clarify the expression to juries. As recent work in psychology and experimental philosophy has uncovered, lay attributions of causation are susceptible to a great number (...) of unexpected factors, some of which seem rather peripheral to causation. One of those is the norm effect (Knobe & Fraser, 2008): Agents who, in acting as they do, break a salient norm, are more likely to be considered as having caused a certain consequence than when they do not violate a norm. According to some (e.g., Alicke, 1992) this constitutes a bias. According to others (e.g., Sytsma, 2020), the folk concept of causation is sensitive to normative factors, and there’s nothing wrong with that. In this paper, we explore the question whether the norm effect should be considered a bias from the legal perspective on the one hand, and from the psychological perspective on the other. To do this, we test whether norms which are nonpertinent to the consequences or outright silly also impact causation judgements. The data from two preregistered experiments (total N=593) clearly show they do. This, we argue, makes the bias interpretation plausible from the psychological perspective, and both plausible and problematic from the legal perspective. It also shows that the law should abstain from unreflectively assuming conceptual correspondence between legal and ordinary language concepts. (shrink)

Kant argued that individuals should be punished “proportional to their internal wickedness,” and recent work has demonstrated that essentialism—the notion that observable characteristics reflect internal, biological, unchanging “essences”—influences moral judgment. However, these efforts have yielded conflicting results: essentialism sometimes increases and sometimes decreases moral condemnation. To resolve these discrepancies, we investigated the mechanisms by which essentialism influences moral judgment, focusing on perceptions of actors’ control over their behavior, the target of essentialism (particular behaviors vs. actors’ character), and the component of (...) essentialism (biology vs. immutability). Participants punished people described as having a criminal essence more than those with a non‐criminal essence or no essence. Probing potential mechanisms underlying this effect, we found a mediating role for perceptions of control and weak influences of essentialism focus (behavior vs. character) and component of essentialism (biology vs. immutability). These results extend prior work on essentialism and moral cognition, demonstrating a causal link between perceptions of “internal wickedness” and moral judgment. Our findings also resolve discrepancies in past work on the influence of essentialism on moral judgment, highlighting the role that perceptions of actors’ control over their behavior play in moral condemnation. (shrink)

In a series of ten preregistered experiments (N=2043), we investigate the effect of outcome valence on judgments of probability, negligence, and culpability – a phenomenon sometimes labelled moral (and legal) luck. We found that harmful outcomes, when contrasted with neutral outcomes, lead to increased perceived probability of harm ex post, and consequently to increased attribution of negligence and culpability. Rather than simply postulating a hindsight bias (as is common), we employ a variety of empirical means to demonstrate that the outcome-driven (...) asymmetry across perceived probabilities constitutes a systematic cognitive distortion. We then explore three distinct strategies to alleviate the hindsight bias and its downstream effects on mens rea and culpability ascriptions. Not all are successful, but at least some prove promising. They should, we argue, be taken into consideration in criminal jurisprudence, where distortions due to the hindsight bias are likely considerable and deeply disconcerting. (shrink)

Why do many societies moralize apparently harmless pleasures, such as lust, gluttony, alcohol, drugs, and even music and dance? Why do they erect temperance, asceticism, sobriety, modesty, and piety as cardinal moral virtues? According to existing theories, this puritanical morality cannot be reduced to concerns for harm and fairness: It must emerge from cognitive systems that did not evolve for cooperation (e.g., disgust-based “purity” concerns). Here, we argue that, despite appearances, puritanical morality is no exception to the cooperative function of (...) moral cognition. It emerges in response to a key feature of cooperation, namely that cooperation is (ultimately) a long-term strategy, requiring (proximately) the self-control of appetites for immediate gratification. Puritanical moralizations condemn behaviors which, although inherently harmless, are perceived as indirectly facilitating uncooperative behaviors, by impairing the self-control required to refrain from cheating. Drinking, drugs, immodest clothing, and unruly music and dance are condemned as stimulating short-term impulses, thus facilitating uncooperative behaviors (e.g., violence, adultery, free-riding). Overindulgence in harmless bodily pleasures (e.g., masturbation, gluttony) is perceived as making people slave to their urges, thus altering abilities to resist future antisocial temptations. Daily self-discipline, ascetic temperance, and pious ritual observance are perceived as cultivating the self-control required to honor prosocial obligations. We review psychological, historical, and ethnographic evidence supporting this account. We use this theory to explain the fall of puritanism in western, educated, industrialized, rich, and democratic (WEIRD) societies, and discuss the cultural evolution of puritanical norms. Explaining puritanical norms does not require adding mechanisms unrelated to cooperation in our models of the moral mind. (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)

If someone unintentionally breaks the rules, do they break the rules? In the abstract, the answer is obviously “yes.” But, surprisingly, when considering specific examples of unintentional, blameless rule-breaking, approximately half of people judge that no rule was broken. This effect, known as excuse validation, has previously been observed in American adults. Outstanding questions concern what causes excuse validation, and whether it is peculiar to American moral psychology or cross-culturally robust. The present paper studies the phenomenon cross-culturally, focusing on Korean (...) and American adults, and proposes a new explanation of why people engage in excuse validation, in terms of competing forces in human norm-psychology. The principal findings are that Americans and Koreans engaged in excuse validation at similar levels, and older adults were more likely to engage in excuse validation. (shrink)

Midwest Studies In Philosophy, EarlyView.

Can experimental philosophy help us answer central questions about the nature of moral responsibility, such as the question of whether moral responsibility is compatible with determinism? Specifically, can folk judgments in line with a particular answer to that question provide support for that answer. Based on reasoning familiar from Condorcet’s Jury Theorem, such support could be had if individual judges track the truth of the matter independently and with some modest reliability: such reliability quickly aggregates as the number of judges (...) goes up. In this chapter, however, I argue, partly based on empirical evidence, that although non-specialist judgments might on average be more likely than not to get things right, their individual likelihoods fail to aggregate because they do not track truth with sufficient independence. (shrink)

Contemporary accounts of luck, though differing in pretty much everything, all agree that the concept of luck is descriptive as opposed to normative. This widespread agreement forms part of the framework in which debates in ethics and epistemology, where the concept of luck plays a central role, are carried out. The hypothesis put forward in the present paper is that luck attributions are sensitive to normative considerations. I report five experiments suggesting that luck attributions are influenced by the normative features (...) of the case, and not merely by descriptive notions like agential control or modal fragility. I discuss the implications of this effect for theories of luck and debates in ethics and epistemology. (shrink)

Governments, physicians, media and academics have all called for individuals to bear responsibility for their own health. In this article, I argue that requiring those with adverse health outcomes to bear responsibility for these outcomes is a bad basis for policy. The available evidence strongly suggests that the capacities for responsible choice, and the circumstances in which these capacities are exercised, are distributed alongside the kinds of goods we usually talk about in discussing distributive justice, and this distribution significantly explains (...) why people make bad health choices. These facts suggest that we cannot justifiably hold them responsible for these choices. We do better to hold responsible those who determine the ways in which capacities and circumstances are distributed: they are indirectly responsible for these adverse health outcomes and possess the capacities and resources to take responsibility for these facts. (shrink)

This is a draft of my chapter on Negligence for the forthcoming Oxford Handbook in Moral Psychology. It discusses philosophical, psychological, and legal approaches to the attribution of culpability in cases of negligent wrongdoing.

Moral philosophers and psychologists often assume that people judge morally lucky and morally unlucky agents differently, an assumption that stands at the heart of the Puzzle of Moral Luck. We examine whether the asymmetry is found for reflective intuitions regarding wrongness, blame, permissibility, and punishment judg- ments, whether people’s concrete, case-based judgments align with their explicit, abstract principles regarding moral luck, and what psychological mechanisms might drive the effect. Our experiments produce three findings: First, in within-subjects experiments favorable to reflective (...) deliberation, the vast majority of people judge a lucky and an unlucky agent as equally blameworthy, and their actions as equally wrong and permissible. The philosophical Puzzle of Moral Luck, and the challenge to the very possibility of systematic ethics it is frequently taken to engender, thus simply do not arise. Second, punishment judgments are significantly more outcome- dependent than wrongness, blame, and permissibility judgments. While this constitutes evidence in favor of current Dual Process Theories of moral judgment, the latter need to be qualified: punishment and blame judgments do not seem to be driven by the same process, as is commonly argued in the literature. Third, in between-subjects experiments, outcome has an effect on all four types of moral judgments. This effect is mediated by negligence ascriptions and can ultimately be explained as due to differing probability ascriptions across cases. (shrink)

An influential argument in bioethics involves appeal to disgust, calling on us to take it seriously as a moral guide (e.g. Kass, Miller, Kahan). Some argue, for example, that genetic enhancement, especially via human reproductive cloning, is repellant or grotesque. While objectors have argued that repugnance is morally irrelevant (e.g. Nussbaum, Kelly), I argue that the problem is more fundamental: it is psychologically irrelevant. Examining recent empirical data suggests that disgust’s influence on moral judgment may be like fatigue: an exogenous (...) influence, yielding a “performance error” that does not reflect our understanding of moral matters. This conclusion also challenges appeals to repugnance on other topics (such as homosexuality) and generally downplays the importance of disgust in moral discourse. (shrink)

I offer and develop an original answer to the question of whether emotion plays an important role in the formation of moral thought. In a nutshell, my answer will be that if motivational internalism provides us with a correct description of the nature of moral thought, then emotion plays an important role because emotion is required to explain or ground the behavioral dispositions that are involved in moral thought.

In resultant moral luck, blame and punishment seem intuitively to depend on downstream effects of a person’s action that are beyond his or her control. Some skeptics argue that we should override our intuitions about moral luck and reform our practices. Other skeptics attempt to explain away apparent cases of moral luck as epistemic artifacts. I argue, to the contrary, that moral luck is real—that people are genuinely responsible for some things beyond their control. A partially consequentialist theory of responsibility (...) justifies moral luck. But this justification is no mere rationalization of the status quo. Recent experimental and evolutionary work on punishment and learning suggests that the very same reasons that justify moral luck have also shaped the evolution of our luck-sensitive moral practices. (shrink)

In this paper, we focus on whether and to what extent we judge that people are responsible for the consequences of their forgetfulness. We ran a series of behavioral studies to measure judgments of responsibility for the consequences of forgetfulness. Our results show that we are disposed to hold others responsible for some of their forgetfulness. The level of stress that the forgetful agent is under modulates judgments of responsibility, though the level of care that the agent exhibits toward performing (...) the forgotten action does not. We argue that this result has important implications for a long-running debate about the nature of responsible agency. (shrink)

A series of recent studies have explored the impact of people's judgments regarding physical law, morality, and probability. Surprisingly, such studies indicate that these three apparently unrelated types of judgments often have precisely the same impact. We argue that these findings provide evidence for a more general hypothesis about the kind of cognition people use to think about possibilities. Specifically, we suggest that this aspect of people's cognition is best understood using an idea developed within work in the formal semantics (...) tradition, namely the notion of modality. On the view we propose, people may have separate representations for physical, moral and probabilistic considerations, but they also integrate these various considerations into a unified representation of modality. (shrink)