In this paper I will use sex by deception as a case study for highlighting some of the most tricky concepts around sexuality and moral psychology, including rape, consensual sex, sexual rights, sexual autonomy, sexual individuality, and disrespectful sex. I begin with a discussion of morally wrong sex as rooted in the breach of five sexual liberty rights that are derived from our fundamental human liberty rights: sexual self-possession, sexual autonomy, sexual individuality, sexual dignity and sexual privacy. I then argue (...) (against the standard interpretation) that experimental findings in moral psychology show that the principle of respect for persons—a principle that grounds our human liberty rights—drives our intuitive moral judgments. In light of this discussion, I examine a puzzle about sex by deception—a puzzle which at first may seem to compel us to define 'rape' strictly in terms of force rather than sexual autonomy. I proceed by presenting an argument against the view that, as a rule, sex by deception undermines consent—a position held by prominent thinkers such as Philippe Patry (2001), Onora O’Neill (2003), Rubenfeld (2012), Tom Dougherty (2013a, 2013b), Joyce M. Short (2013), and Danielle Bromwich and Joseph Millum (2013, 2018). As we will see, sex following deception to increase your chances does not always constitute rape. Lying about your age, education, job, family background, marital status, or interest in a relationship, for example, does not make your sex partner incapable of consenting, which is to say that sex by deception need not be rape. I even go so far as to say that sex with another person that is facilitated by withholding information about having a venereal disease shouldn't be classified as rape. Although sex by deception doesn't compromise consent, it nonetheless violates the principle of respect for persons, not by vitiating sexual autonomy and compromising consent, but by failing to respect other sexual rights, such as our rights to sexual dignity, individuality, and privacy. (shrink)

Once symbolized by a burning armchair, experimental philosophy has in recent years shifted away from its original hostility to traditional methods. Starting with a brief historical review of the experimentalist challenge to traditional philosophical practice, this chapter looks at research undercutting that challenge, and at ways in which experimental work has evolved to complement and strengthen traditional approaches to philosophical questions.

The doctrine (or principle) of double effect is often invoked to explain the permissibility of an action that causes a serious harm, such as the death of a human being, as a side effect of promoting some good end. According to the principle of double effect, sometimes it is permissible to cause a harm as a side effect (or “double effect”) of bringing about a good result even though it would not be permissible to cause such a harm as a (...) means to bringing about the same good end. Does the principle of double effect play the important explanatory role that has been claimed for it? To consider this question, one must be careful to clarify just what the principle is supposed to explain. Three misinterpretations of the principle’s force or range of application are common. 1. To ensure that Double Effect is not misunderstood as principle issuing a blanket permission on causing any unintended harm that yields a benefit, applications must require that the agent seek to minimize the harm involved. 2. Since it is widely accepted that it is wrong to aim to produce harm to someone as an end, to rule this out is not part of double effect’s distinctive content. 3. Harms that were produced regretfully and only for the sake of producing a good end may be prohibited by double effect because they were brought about as part of the agent’s means to realizing the good end. (shrink)

According to the New Angle, any explanation of the Knobe effect must be gradable and asymmetric. It has been argued that only Hindriks’ approach meets both criteria. First, we argue that Holton’s hypothesis also meets the criteria. Second, we show that the authors are not justified in taking the criteria to be empirically justified. We have failed to replicate the asymmetry result in two experiments. Moreover, gradability can be objective or epistemic. We show that the New Angle presupposes objective gradability. (...) In our experiments, the patterns of responses to questions about epistemic and objective gradability are the same, irrespective of whether the feature is objectively gradable (e.g., blameworthiness) or not (e.g., intentionality). Our results thus question the extent to which the New Angle is empirically grounded. Moreover, they raise doubt whether the answers to questions about epistemic and objective gradability can be taken at face value at all. (shrink)

Theory of mind, the capacity to understand and ascribe mental states, has traditionally been conceptualized as analogous to a scientific theory. However, recent work in philosophy and psychology has documented a "side-effect effect" suggesting that moral evaluations influence mental state ascriptions, and in particular whether a behavior is described as having been performed 'intentionally.' This evidence challenges the idea that theory of mind is analogous to scientific psychology in serving the function of predicting and explaining, rather than evaluating, behavior. In (...) three experiments, we demonstrate that moral evaluations do inform ascriptions of intentional action, but that this relationship arises because behavior that conforms to norms (moral or otherwise) is less informative about underlying mental states than is behavior that violates norms. This analysis preserves the traditional understanding of theory of mind as a tool for predicting and explaining behavior, but also suggests the importance of normative considerations in social cognition. (shrink)

Recently, a number of philosophers have advanced a surprising conclusion: people's judgments about whether an agent brought about an outcome intentionally are pervasively influenced by normative considerations. In this paper, we investigate the ‘Chairman case’, an influential case from this literature and disagree with this conclusion. Using a statistical method called structural path modeling, we show that people's attributions of intentional action to an agent are driven not by normative assessments, but rather by attributions of underlying values and characterological dispositions (...) to the agent. In a second study, we examined people's judgments about what they think drives asymmetric intuitions in the Chairman case and found that people are highly inaccurate in identifying which features of the case their intuitions track. In the final part of the paper, we discuss how the statistical methods used in this study can help philosophers with the critical features problem, the problem of figuring out which among the myriad features present in hypothetical cases are the critical ones that our intuitions are responsive to. We show how the methods used in this study have some advantages over both armchair methods used by traditional philosophers and survey methods used by experimental philosophers. (shrink)

To have moral worth an action not only needs to conform to the correct normative theory ; it also needs to be motivated in the right way. I argue that morally worthy actions are motivated by the rightness of the action; they are motivated by an agent's concern for doing what's right and her knowledge that her action is morally right. Call this the Rightness Condition. On the Rightness Condition moral motivation involves both a conative and a cognitive element—in particular, (...) it involves moral knowledge. I argue that the Rightness Condition is both necessary and sufficient for moral worth. I also argue that the Rightness Condition gives us an attractive account of actions performed under imperfect epistemic circumstances: by agents who rely on moral testimony or by those who, like Huckleberry Finn, have false moral convictions. (shrink)

People asymmetrically attribute various agential features such as intentionality, knowledge, or causal impact to other agents when something of normative significance is at stake. I will argue that three questions are of primary interest in the debate about this effect. A methodological question about how to explain it at all; a substantive question about how to explain it correctly: and a normative question about whether to explain it in terms of an error or a legitimate judgmental pattern. The problem, I (...) argue, is that these three questions are difficult to disentangle. I propose a solution to this problem, and show how it accounts for the most recent data regarding the effect. (shrink)

In this paper, we argue that the so-called Knobe-Effect constitutes an error. There is now a wealth of data confirming that people are highly prone to what has also come to be known as the ‘side-effect effect’. That is, when attributing psychological states—such as intentionality, foreknowledge, and desiring—as well as other agential features—such as causal control—people typically do so to a greater extent when the action under consideration is evaluated negatively. There are a plethora of models attempting to account for (...) this effect. We hold that the central question of interest is whether the effect represents a competence or an error in judgment. We offer a systematic argument for the claim that the burden of proof regarding this question is on the competence theorist. We sketch an account, based on the notion of the reactive attitudes, that can accommodate both the idea that these sorts of judgments are fundamentally normative and that they often constitute errors. (shrink)

In the last decade, experimental philosophers have documented systematic asymmetries in the attributions of mental attitudes to agents who produce different types of side effects. We argue that this effect is driven not simply by the violation of a norm, but by salient-norm violation. As evidence for this hypothesis, we present two new studies in which two conflicting norms are present, and one or both of them is raised to salience. Expanding one’s view to these additional cases presents, we argue, (...) a fuller conception of the side-effect effect, which can be reversed by reversing which norm is salient. (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)

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

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)

Joshua Knobe's work has marshaled considerable support for the hypothesis that everyday judgments of whether an action is intentional are systematically influenced by evaluations of the action or agent. The main source of evidence for this hypothesis is a series of surveys that involve an agent either helping or harming something as a side effect. Respondents are much more likely to judge the side effect intentional if harm is involved. It is a remarkable feature of the discussion so far that (...) it assumes without scrutiny that the substitution of one act-type for another could not, taken alone, explain the difference in responses that the two scenarios yield. This paper presents evidence, both experimental and conceptual, that it is precisely this difference that explains the asymmetry in responses. Briefly, agents who token the act-type help must fulfill certain psychological conditions that they don't have to fulfill if they are to token the act-type harm. Harming, unlike helping, does not require the ful.. (shrink)

At least since the middle of the twentieth century, philosophers have tended to identify weakness of will with akrasia—i.e. acting, or having a disposition to act, contrary to one‘s judgments about what is best for one to do. However, there has been some recent debate about whether this captures the ordinary notion of weakness of will. Richard Holton (1999, 2009) claims that it doesn’t, while Alfred Mele (2010) argues that, to a certain extent, it does. As Mele recognizes, the question (...) about an ordinary concept here is one apt for empirical investigation. We evaluate Mele’s studies and report some experiments of our own in order to investigate what in the world the ordinary concept of weakness of will is. We conclude that neither Mele nor Holton (previously) was quite right and offer a tentative proposal of our own: the ordinary notion is more like a prototype or cluster concept whose application is affected by a variety of factors. (shrink)

Beebe and Buckwalter 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 is the analogue of the Knobe effect. 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 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)

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)

We aim to find a middle path between disease models of addiction, and those that treat addictive choices as choices like any other. We develop an account of the disease element by focussing on the idea that dopamine works primarily to lay down dispositional intrinsic desires. Addictive substances artifically boost the dopamine signal, and thereby lay down intrinsic desires for the substances that persist through withdrawal, and in the face of beliefs that they are worthless. The result is cravings that (...) are largely outside the control of the addict. But this does not mean that addicts are bound to act on such cravings, since they typically retain their faculty of self-control. The issue is one of difficulty not impossibility. Controlling an addictive craving is exceedingly demanding. (shrink)

Intuitions about intentional action have turned out to be sensitive to normative factors: most people say that an indifferent agent brings about an effect of her action intentionally when it is harmful, but unintentionally when it is beneficial. Joshua Knobe explains this asymmetry, which is known as ‘the Knobe effect’, in terms of the moral valence of the effect, arguing that this explanation generalizes to other asymmetries concerning notions as diverse as deciding and being free. I present an alternative explanation (...) of the Knobe effect in terms of normative reasons. This explanation generalizes to other folk psychological notions such as deciding, but not to such notions as being free. I go on to argue, against Knobe, that offering a unified explanation of all the asymmetries he discusses is in fact undesirable. (shrink)

:Freedom is often analysed in terms of the absence of intentionally imposed constraints. I defend the alternative view on which the relevant constraints are those for which some agent can be held morally responsible. I argue that this best captures the relation between freedom and respect. Berlin correctly points out that intentional restrictions exhibit ill will and hence are disrespectful. However, the same holds, I argue, for restrictions that are due to indifference. Berlin also observed that it would be counterintuitive (...) if an agent could increase her freedom by changing her preferences. I criticize the argument that Dowding and Van Hees present according to which this observation counts in favour of explicating freedom in terms of intentionality. (shrink)

Experimental philosophers have discovered a large number of asymmetries in our intuitions about philosophically significant notions. Often those intuitions turned out to be sensitive to normative factors. Whereas optimists have insisted on a unified explanation of these findings, pessimists have argued that it is impossible to formulate a single factor explanation. I defend the intermediate position according to which unification is possible to some extent, but should be pursued within limits. The key issue that I address is how it is (...) possible to set such limits in a way that is true to the phenomena. (shrink)

In a celebrated experiment, Joshua Knobe showed that people are much more prone to attribute intentionality to an agent for a side effect of a given act when that side effect is harmful than when it is beneficial. This asymmetry has become known as ‘the Knobe Effect’. According to Knobe's Moral Valence Explanation, bad effects trigger the attributions of intentionality, whereas good effects do not. Many others believe that the Knobe Effect is best explained in terms of the high amount (...) of blame attributed in the harm condition, and the low amount of praise attributed in the help condition. This Blame Hypothesis explains the high number of intentionality attributions in the harm condition in terms of the high degree of blame people ascribe, and the low number of intentionality attributions in the help conditions in terms of the low degree of praise people attribute. We replicated Knobe's original experiment and conducted a logistic regression on the results to probe more deeply into the relationship between attributions of intentionality and responsibility. The statistical analysis revealed a hitherto unknown interaction effect: intentionality correlates with blame, but not with praise. This interaction effect is consistent with the Moral Valence Hypothesis, but inconsistent with the Blame Hypothesis, as well as with two of the three other hypotheses discussed here. (shrink)

ZusammenfassungDem sogenannten Knobe-Effekt zufolge bestimmt die moralische Valenz von Nebeneffekten menschlichen Verhaltens die Zuschreibung ihrer absichtlichen Verursachung. Wir argumentieren, dass erstens die empirisch ermittelten sozialpsychologischen Daten den Knobe-Effekt in der üblichen Lesart nicht belegen, vor allem wegen der unvollständigen Untersuchung der entscheidenden moralischen Varianzfaktoren. Zweitens zeigen wir, dass - und wie - eine spezifische Version des traditionellen Prinzips des Doppeleffekts den empirisch bestätigten Teil des Knobe-Effekts philosophisch erklärt. Die Erklärungskraft des Prinzips des Doppeleffekts kann auch als eine Rechtfertigung eben dieses (...) Prinzips gesehen werden. (shrink)

In a methodological milieu characterized by efforts to bring the methods of philosophy closer to the methods of the sciences, one can find, with increasing regularity, meta-ethical arguments relying on scientific theory or data. The received view appears to be that, not only is it implausible to think that a scientific vindication of a non-mentalist moral semantics will be forthcoming but that evidence from a variety of sciences threatens to undermine non-mentalist views. My aim is to push back against this (...) apparent consensus. The well-established phenomenon whereby moral judgments influence our attributions of putatively purely descriptive properties has come to be known as the Knobe Effect. Joshua Knobe has attempted to explain this surprising phenomenon by arguing that our folk psychological judgments are partially constituted by moral judgments. Drawing on an argument originally offered by Moore, I argue that if some instantiation of Knobe’s explanatory strategy is accurate, we have good reason to believe that mentalist moral semantics are untenable. (shrink)

The ‘Knobe effect’ is the name given to the empirical finding that judgments about whether an action is intentional or not seems to depend on the moral valence of this action. To account for this phenomenon, Scaife and Webber have recently advanced the ‘Consideration Hypothesis’, according to which people’s ascriptions of intentionality are driven by whether they think the agent took the outcome in consideration when taking his decision. In this paper, I examine Scaife and Webber’s hypothesis and conclude that (...) it is supported neither by the existing literature nor by their own experiments, whose results I did not replicate, and that the ‘Consideration Hypothesis’ is not the best available account of the ‘Knobe Effect’. (shrink)

Based on a puzzling pattern in our judgements about intentional action, Knobe [. “Intentional Action and Side-Effects in Ordinary Language.” Analysis 63: 190–194] has claimed that these judgements are shaped by our moral judgements and evaluations. However, this claim goes directly against a key conceptual intuition about intentional action – the “frame-of-mind condition”, according to which judgements about intentional action are about the agent’s frame-of-mind and not about the moral value of his action. To preserve this intuition Hindriks [. “Intentional (...) Action and the Praise-Blame Asymmetry.” The Philosophical Quarterly 58: 630–641;. “Normativity in Action: How to Explain the Knobe Effect and its Relatives.” Mind & Language 29: 51–72] has proposed an alternate account of the Knobe Effect. According to his “Normative Reason account of Intentional Action”, a side-effect counts as intentional only when the agent thought it constituted a normative reason not to act but did not care. In... (shrink)

Filósofos, especialmente aqueles que se autodenominam como naturalistas, parecem cada vez mais interessados em realizar pesquisas empíricas. Um caso típico é o da Filosofia Experimental, um campo emergente que faz uso de dados empíricos colhido por meio de inquéritos seguindo os mesmos métodos empregados nas ciências empíricas, nomeadamente na psicologia, a fim de apresentar provas em pesquisas ou argumentos filosóficos. Outro exemplo é oferecido pela participação ativa dos filósofos em grupos de pesquisa interdisciplinares nas neurociências. No entanto, os filósofos não (...) são especialistas em metodologia de pesquisa empírica. Isso é transparente nos estudos mais representativos em filosofia experimental. Neste artigo, faremos algumas observações de advertência sobre as complexidades da metodologia das ciências empíricas. A recomendação final é de que é sábia a atitude de envolver-se em grupos de pesquisa interdisciplinares, buscando dominar as peculiaridades dos mais diversos delineamentos de pesquisa empírica nas diferentes áreas da ciência. (shrink)

Can moral ignorance excuse? This chapter argues that philosophical debate of this question has been based on a mistaken assumption: namely that excuses are all-or-nothing affairs; to have an excuse is to be blameless. The chapter argues that we should reject this assumption. Excuses are not binary but gradable: they can be weaker or stronger, mitigating blame to greater or lesser extent. This chapter explores the notions of strength of excuses, blame miti- gation and the relationship between excuses and moral (...) responsibility. These ideas open up some principled middle-ground between the two positions staked out in the literature. Moral ignorance may well excuse but it does not exculpate. (shrink)

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

Adults’ intentionality judgments regarding an action are influenced by their moral evaluation of this action. This is clearly indicated in the so-called side-effect effect: when told about an action (e.g. implementing a business plan) with an intended primary effect (e.g. raise profits) and a foreseen side effect (e.g. harming/helping the environment), subjects tend to interpret the bringing about of the side effect more often as intentional when it is negative (harming the environment) than when it is positive (helping the environment). (...) From a cognitive point of view, it is unclear whether the side-effect effect is driven by the moral status of the side effects specifically, or rather more generally by its normative status. And from a developmental point of view, little is known about the ontogenetic origins of the effect. The present study therefore explored the cognitive foundations and the ontogenetic origins of the side-effect effect by testing 4-to 5-year-old children with scenarios in which a side effect was in accordance with/violated a norm. Crucially, the status of the norm was varied to be conventional or moral. Children rated the bringing about of side-effects as more intentional when it broke a norm than when it accorded with a norm irrespective of the type of norm. The side-effect effect is thus an early-developing, more general and pervasive phenomenon, not restricted to morally relevant side effects. (shrink)