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)

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

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)

From our everyday commuting to the gold medalist’s world-class performance, skillful actions are characterized by fine-grained, online agentive control. What is the proper explanation of such control? There are two traditional candidates: intellectualism explains skillful agentive control by reference to the agent’s propositional mental states; anti-intellectualism holds that propositional mental states or reflective processes are unnecessary since skillful action is fully accounted for by automatic coping processes. I examine the evidence for three psychological phenomena recently held to support anti-intellectualism and (...) argue that it supports neither traditional candidate, but an intermediate attention-control account, according to which the top-down, intention-directed control of attention is a necessary component of skillful action. Only this account recognizes both the role of automatic control in skilled action and the need for higher-order cognition to thread automatic processes together into a unified, skillful performance. This applies to bodily skillful action in general, from the world-class performance of experts to mundane, habitual action. The attention-control account stresses that, for intentions to play their role as top-down modulators of attention, agents must sustain the intention’s activation; hence, the need for reflecting throughout performance. (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)

People’s moral judgments affect their judgments of intentionality for actions that succeeded by luck. This article aimed to explain that phenomenon by suggesting that people’s judgments of intentionality are driven by the underlying questions they have considered. We examined two types of questions: questions about why people act, and questions about how they succeed in acting. In a series of experiments, we found that people prefer different questions for neutral and immoral actions (Studies 1 and 2) and that asking them (...) to think about questions they would not have preferred can change their judgments of intentionality (Study 3). These experiments suggest that neutral actions are judged to be less intentional simply because they do not motivate observers to ask questions which draw attention to the actor’s mental states. We discuss the potential application of this framework to other concepts affected by morality in surprising ways, such as causality. (shrink)

The concept of intention is widely thought to involve a confidence condition of some sort, a condition that specifies certain beliefs that one must either have or lack if one intends to do somethin...

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)

Implicit bias results from living in a society structured by race. Tamar Gendler has drawn attention to several epistemic costs of implicit bias and concludes that paying some costs is unavoidable. In this paper, we reconstruct Gendler’s argument and argue that the epistemic costs she highlights can be avoided. Though epistemic agents encode discriminatory information from the environment, not all encoded information is activated. Agents can construct local epistemic environments that do not activate biasing representations, effectively avoiding the consequences of (...) activation. We conclude that changing our local environments provides a way to avoid paying implicit bias’s epistemic costs. (shrink)

This article examines the evaluative nature of the folk concepts of weakness and strength of will and hypothesizes that their evaluative nature is strongly connected to the folk concepts of blame and credit. We probed how people apply the concepts of weakness and strength of will to prototypical and non-prototypical scenarios. While regarding prototypical scenarios the great majority applied these concepts according to the predictions following from traditional philosophical analyses. When presented with non-prototypical scenarios, people were divided. Some, against traditional (...) analyses, did not apply these concepts, which we explain in terms of a clash of evaluations involving different sorts of blame and credit. Others applied them according to traditional analyses, which we explain in terms of a disposition to be reflective and clearly set apart the different sorts of blame and credit involved. Still others applied them in an inverse way, seemingly bypassing the traditional components resolution and be.. (shrink)