Abstract: Recent experimental research on the 'Knobe effect' suggests, somewhat surprisingly, that there is a bi-directional relation between attributions of intentional action and evaluative considerations. We defend a novel account of this phenomenon that exploits two factors: (i) an intuitive asymmetry in judgments of responsibility (e.g. praise/blame) and (ii) the fact that intentionality commonly connects the evaluative status of actions to the responsibility of actors. We present the results of several new studies that provide empirical evidence in support of this (...) account while disconfirming various currently prominent alternative accounts. We end by discussing some implications of this account for folk psychology. (shrink)

Intentions have been a central subject of research since contemporary philosophy of action emerged in the middle of the twentieth century. For almost that entire period, the approach has been to treat the study of intentions as separate from the study of morality. This essay offers a brief overview of that history and then suggests some ways forward, as exemplified by the essays collected in this volume.

On the surface, it seems intuitively plausible that if an agent luckily manages to perform a desired action (e.g., rolling a six with a fair die or winning the lottery), the performance of which is not the result of any relevant skill on her part, we should not say that she performed the action intentionally. This intuition suggests that our concept of intentional action is sensitive to considerations of skill, luck, and causal control. Indeed, some philosophers have claimed that in (...) order for an action to be performed intentionally it must be performed with a relevant amount of skill or control - i.e., an intentional action cannot simply be the result of luck. On this view, skill and control are necessary conditions of our everyday concept of intentional action. In this essay, I discuss empirical evidence that challenges this claim. After briefly setting the stage, I examine Al Mele and Paul Moser's thorough analysis of intentional action - paying particular attention to some of the interesting scenarios they offer in support of their position. Next, I discuss the results of some simple psychological experiments that show that people's judgments concerning whether actions are intentional can often be affected by the moral features of these actions - features that may trump considerations of skill, luck, and control. Finally, I conclude that if this is correct, philosophers who claim that skill and control are necessary conditions of the folk concept of intentional action appear to be mistaken. One can test attempted philosophical analyses of intentional action partly by ascertaining whether what these analyses entail about particular actions is in line with what the majority of non-specialists would say about these actions if there is a widely shared concept of intentional action, such judgments provide evidence about what the concept is, and a philosophical analysis of intentional action that is wholly unconstrained by that concept runs the risk of having nothing more than a philosophical fiction as its subject matter. (Mele, 2001, p. 27). (shrink)

In this paper, I first review some of the recent empirical work on the biasing effect that moral considerations have on folk ascriptions of intentional action. Then, I use Mark Alicke's affective model of blame attribution to explain this biasing effect. Finally, I discuss the relevance of this research - both philosophical and psychological - to the problem of the partiality of jury deliberation. After all, if the immorality of an action does affect folk ascriptions of intentionality, and all serious (...) criminal offenses - e.g., murder and rape - are immoral in addition to being illegal, then a juror's ability to determine the relevant mens rea (i.e., guilty mind) of a defendant in an unbiased way may be seriously undermined. (shrink)

In “Intentional action and side-effects in ordinary language” (2003), Joshua Knobe reported an asymmetry in test subjects’ responses to a question about intentionality: subjects are more likely to judge that a side effect of an agent’s intended action is intentional if they think the side effect is morally bad than if they think it is morally good. This result has been taken to suggest that the concept of intentionality is an inherently moral concept. In this paper, we draw attention to (...) the fact that Knobe’s original interpretation of the results is based on an abstract rendering of the central scenario that is significantly different from the vignettes presented to the survey participants. In particular, the experimental vignettes involve temporal and social dimensions; they portray sequences of social actions involving an agent and an interlocutor, rather than a lone agent making a momentary decision in light of certain attitudes. Through textual analyses of a set of vignettes used to study the Knobe effect, drawing on ethnomethodology, conversation analysis, and discursive psychology, we show that there are many differences between the experimental conditions besides the moral valence of the side effect. In light of our textual analyses, we discuss vignette methodology in experimental philosophy and suggest an alternative interpretation of Knobe’s original experimental results. We also argue that experimental philosophy could benefit from considering research on naturally occurring social interaction as an alternative source of empirical findings for discussions of folk-psychological concepts. (shrink)

This article explores whether perspective taking has an impact on the ascription of epistemic states. To do so, a new method is introduced which incites participants to imagine themselves in the position of the protagonist of a short vignette and to judge from her perspective. In a series of experiments, perspective proves to have a significant impact on belief ascriptions, but not on knowledge ascriptions. For belief, perspective is further found to moderate the epistemic side-effect effect significantly. It is hypothesized (...) that the surprising findings are driven by the special epistemic authority we enjoy in assessing our own belief states, which does not extend to the assessment of our own knowledge states. (shrink)

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)

Technology and terminology often detract from a reasoned appraisal of the euthanasia option, especially in those discussions that argue for euthanasia's incorporation into a beneficence-based medical model. “Beneficent euthanasia,” assuming there is such a thing, poses special challenges to the traditional provider-patient relationship. These challenges argue for well-defined limits of beneficence and a more equitable distribution of responsibility between participants. We should not allow technology and terminology to generate an unrealistic portrayal of patient death and its ramifications. Participants need to (...) acknowledge their roles in the decision to kill and the obligations that those roles entail. Perhaps we can reach ethical consensus concerning euthanasia by first reasserting our span of control over the technology that can extend the near-death period and by openly discussing euthanasia's implications. (shrink)

Philosophers have long debated whether there is a morally significant difference between acting with the intention of bringing about some state of affairs and acting with the mere awareness that that state of affairs will occur as an unintended side effect of what one is trying to achieve. This controversy is mirrored in the criminal law in a number of places, most notably with respect to the question of whether the mens rea for the crime of murder should require the (...) intent to cause death or only the knowledge that it will occur. In this paper I propose what I believe is a satisfactory way of drawing the intended/foreseen distinction and then argue, contrary to what Duff and others have supposed, that such a distinction does not underwrite a difference in moral or legal culpability. I leave open the possibility, however, that there may be consequentialist reasons for sometimes imposing greater liability in the case of intended harms than in the case of those that are merely foreseen. (shrink)

Since the middle of the 20th century, philosophers and legal scholars have debated the precise definition of punishment. This chapter surveys the debate, identifies six potential conditions of punishment, and critically reviews each of them: 1) the response condition, which holds that punishment must be in response to wrongdoing, 2) the culpability condition, which holds that punishment must be of a person morally responsible for wrongdoing, 3) the authority condition, which holds that punishment must be imposed by a relevant authority, (...) 4) the hard treatment condition, which holds that punishment must impose hard consequences on the punishee, 5) the intentionality condition, which holds that punishment must be intentional, and 6) the censure condition, which holds that punishment must communicate disapproval. The article argues that it is often unclear that there is a version of the condition that provides optimal lexical fit. It discusses the implications of this analysis, and concludes that there may be less reason to worry about the lack of an authoritative definition than has sometimes been assumed, but that definitional clarity remains an objective worth pursuing. (shrink)