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)

Recently, Ross and Woodward (2022) argued that the reversibility of an outcome – that is, whether the outcome can be undone – affects causal judgments. One prediction of their account is that reversibility affects causal judgments in latepreemption scenarios, where people typically judge that events that produce the outcome earlier are more causal than preempted alternative events that would have otherwise produced the outcome. Ross and Woodward’s account predicts that when the outcome is reversible, people would judge these events similarly (...) – as in standard overdetermination cases. In three experiments, we found no evidence that reversibility affects causal judgments in late-preemption cases. We discuss how these results affect the experimental philosophy and cognitive science of causation, causal modeling, and experimental jurisprudence. (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)

When comparing the roles of the lightning strike and the dry climate in causing the forest fire, one might think that the lightning strike is more of a cause than the dry climate, or one might think that the lightning strike completely caused the fire while the dry conditions did not cause it at all. Psychologists and philosophers have long debated whether such causal judgments are graded; that is, whether people treat some causes as stronger than others. To address this (...) debate, we first reanalyzed data from four recent studies. We found that causal judgments were actually multimodal: although most causal judgments made on a continuous scale were categorical, there was also some gradation. We then tested two competing explanations for this gradation: the confidence explanation, which states that people make graded causal judgments because they have varying degrees of belief in causal relations, and the strength explanation, which states that people make graded causal judgments because they believe that causation itself is graded. Experiment 1 tested the confidence explanation and showed that gradation in causal judgments was indeed moderated by confidence: people tended to make graded causal judgments when they were unconfident, but they tended to make more categorical causal judgments when they were confident. Experiment 2 tested the causal strength explanation and showed that although confidence still explained variation in causal judgments, it did not explain away the effects of normality, causal structure, or the number of candidate causes. Overall, we found that causal judgments were multimodal and that people make graded judgments both when they think a cause is weak and when they are uncertain about its causal role. (shrink)