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)

Outcome bias and hindsight bias are important in philosophical debates and have wide-ranging implications outside of philosophy. Recently, Hedden has articulated a novel line of argumnt that the empirical evidence for what he labels hindsight bias is largely misguided and that empirical researchers who postulate such a bias are engaged in a fallacy fallacy. In this paper, I articulate Hedden’s core insights in terms of two principles and argue that in the relevant empirical research, these principles are often (i) recognized, (...) (ii) invoked in theoretical explanation, and (iii) guiding study designs and interpretation of data. On this basis, I argue that there is ample empirical evidence for outcome and hindsight bias and that cognitive psychologists do not generally exhibit a fallacy fallacy of postulating such biases in cases where there are none. More constructively, the present paper articulates some general principles that help us to better understand when an empirical study provides evidence of these types of bias. Thus, the debate casts light on both the specific evidence for outcome and hindsight bias but also on the general division of labor between philosophy and psychology. (shrink)

Experimental moral philosophy began to emerge as a methodology inthe last decade of the twentieth century, a branch of the largerexperimental philosophy approach. From the beginning,it has been embroiled in controversy on a number of fronts. Somedoubt that it is philosophy at all. Others acknowledge that it isphilosophy but think that it has produced modest results at best andconfusion at worst. Still others think it represents an important advance., Before the research program can be evaluated, we should have someconception of (...) its scope. But controversy surrounds questionsabout its boundaries as well. Uncontroversially, the distinctionbetween experimental and non-experimental philosophy is not identicalto the distinction between a posteriori and a prioriphilosophy. Experimental evidence is a proper subset of empiricalevidence, which is itself a subset of a posteriorievidence. Can any more be said?, L1: A child raised in a particular linguistic community almostinevitably ends up speaking an idiolect of the local language despitelack of sufficient explicit instruction, lack of extensive negativefeedback for mistakes, and grammatical mistakes by caretakers., character, moral | cognitivism vs. non-cognitivism, moral | emotion | ethics: virtue | intuition | moral anti-realism | moral psychology: empirical approaches | moral realism | moral relativism | well-being, Copyright © 2014 byMark Alfano Don Loeb, View this site from another server:. (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)

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)

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.

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)

Recent work supports the role of reasoning in third-party moral judgment of harm transgressions. The dynamics of the underlying cognitive processes supporting moral judgment is however poorly understood. In two preregistered experiments, we addressed this issue using a two-response paradigm. Participants were presented with moral scenarios twice: they had to provide their first judgment about an agent under both time pressure and interfering load, and were then asked to respond a second time at their own pace. In Experiment 1, participants (...) were harsher toward a malevolent agent at the second response, assigning more moral wrongness and punishment to an agent who either attempted to harm or harmed intentionally. Experiment 2 replicated the effect of intention on response change in a paradigm contrasting accidental to intentional harm scenarios. Participants were not only harsher toward intentional transgressors at the second response, but they were also less harsh toward accidental transgressors at the second response. We discuss the possibility that decoding overall intent and assigning moral judgment based on the presence or absence of a malevolent intent may be a relatively costly process. (shrink)

Acts that are considered undesirable standardly violate our expectations. In contrast, acts that count as morally desirable can either meet our expectations or exceed them. The zone in which an act can be morally desirable yet not exceed our expectations is what we call the zone of moral indifference, and it has so far been neglected. In this paper, we show that people can use positive terms in a deflated manner to refer to actions in the zone of moral indifference, (...) whereas negative terms cannot be so interpreted. (shrink)

Social norms are commonly understood as rules that dictate which behaviors are appropriate, permissible, or obligatory in different situations for members of a given community. Many researchers have sought to explain the ubiquity of social norms in human life in terms of the psychological mechanisms underlying their acquisition, conformity, and enforcement. Existing theories of the psychology of social norms appeal to a variety of constructs, from prediction-error minimization, to reinforcement learning, to shared intentionality, to domain-specific adaptations for norm acquisition. In (...) this paper, we propose a novel methodological and conceptual framework for the cognitive science of social norms that we call normative pluralism. We begin with an analysis of the explanatory aims of the cognitive science of social norms. From this analysis, we derive a recommendation for a reformed conception of its explanandum: a minimally psychological construct that we call normative regularities. Our central empirical proposal is that the psychological underpinnings of social norms are most likely realized by a heterogeneous set of cognitive, motivational, and ecological mechanisms that vary between norms and between individuals, rather than by a single type of process or distinctive norm system. This pluralistic approach, we suggest, offers a methodologically sound point of departure for a fruitful and rigorous science of social norms. (shrink)

Higher courts sometimes assess the constitutionality of law by working through a concrete case, other times by reasoning about the underlying question in a more abstract way. Prior research has found that the degree of concreteness or abstraction with which an issue is formulated can influence people's prescriptive views: For instance, people often endorse punishment for concrete misdeeds that they would oppose if the circumstances were described abstractly. We sought to understand whether the so-called ‘abstract/concrete paradox’ also jeopardizes the consistency (...) of judicial reasoning. In a series of experiments, both lay and professional judges sometimes reached opposite conclusions when reasoning about concrete cases versus the underlying issues formulated in abstract terms. This effect emerged whether participants reasoned with broad principles, such as human dignity, or narrow rules, and was largest among individuals high in trait empathy. Finally, to understand whether people reflectively endorse the discrepancy between abstract and concrete resolutions, we examined their reactions when evaluating both, either simultaneously or sequentially. These approaches revealed no single pattern across lay and expert populations, or exploratory and confirmatory studies. Taken together, our studies suggest that empathic concern plays a greater role in guiding the judicial resolution of concrete cases than in illuminating judges' professed standards—which may result in concrete decisions in violation of their own abstract principles. (shrink)

I investigate: to what extent do folk ascriptions of lying differ between casual and courtroom contexts? to what extent does motive to lie influence ascriptions of trust, mental states, and lying judgments? to what extent are lying judgments consistent with previous ascriptions of communicated content? Following the Supreme Court’s Bronston judgment, I expect: averaged lying judgments to be similar in casual and courtroom contexts; motive to lie to influence levels of trust, mental states ascriptions, and patterns of lying judgments; retrospective (...) judgments of lying, after being presented with the state of the world, to be inconsistent with previous judgments of communicated content: participants hold the protagonist responsible for content she did not communicate. I performed a survey experiment on the Qualtrics platform. Participants were recruited through Amazon Mechanical Turk. I employed standard Likert scales and forced-choice questions. I found that: average lying judgments are similar in casual and courtroom contexts; motive to lie decreases trust ascription and increases lying judgment; judgments of lying are inconsistent with previous judgments of communicated content: participants hold the protagonist responsible for content they did not communicate. Perjury ascriptions are inconsistent. The Supreme Court’s worries expressed in the Bronston judgment are well founded. This article helps reforming jury instructions in perjury cases. (shrink)

Suppose that two competing norms, N1 and N2, can be identified such that a given person’s response can be interpreted as correct according to N1 but incorrect according to N2. Which of these two norms, if any, should one use to interpret such a response? In this paper we seek to address this fundamental problem by studying individual variation in the interpretation of conditionals by establishing individual profiles of the participants based on their case judgments and reflective attitudes. To investigate (...) the participants’ reflective attitudes we introduce a new experimental paradigm called the Scorekeeping Task. As a case study, we identify the participants who follow the Suppositional Theory of conditionals (N1) versus Inferentialism (N2) and investigate to what extent internally consistent competence models can be reconstructed for the participants on this basis. After extensive empirical investigations, an apparent reasoning error with and-to-if inferences was found in one of these two groups. The implications of this case study for debates on the proper role of normative considerations in psychology are discussed. (shrink)

Ratio Juris, Volume 35, Issue 2, Page 191-222, June 2022.

The experimental philosophy of law is a recent movement that aims to inform traditional debates in jurisprudence by conducting empirical research. This paper introduces and provides a systematic overview of the main lines of research in this field. It also covers the most important debates in the literature regarding the implications of these findings for the philosophy and theory of law. It argues that three challenges arise when addressing (old) legal-philosophical questions in (new) experimental ways by drawing normative implications from (...) empirical data: such implications are value-driven, depend on explanations of empirical findings and vary across legal systems. (shrink)

Judgments of blame for others are typically sensitive to what an agent knows and desires. However, when people act negligently, they do not know what they are doing and do not desire the outcomes of their negligence. How, then, do people attribute blame for negligent wrongdoing? We propose that people attribute blame for negligent wrongdoing based on perceived mental control, or the degree to which an agent guides their thoughts and attention over time. To acquire information about others’ mental control, (...) people self-project their own perceived mental control to anchor third-personal judgments about mental control and concomitant responsibility for negligent wrongdoing. In four experiments (N = 841), we tested whether perceptions of mental control drive third-personal judgments of blame for negligent wrongdoing. Study 1 showed that the ease with which people can counterfactually imagine an individual being non-negligent mediated the relationship between judgments of control and blame. Studies 2a and 2b indicated that perceived mental control has a strong effect on judgments of blame for negligent wrongdoing and that first-personal judgments of mental control are moderately correlated with third-personal judgments of blame for negligent wrongdoing. Finally, we used an autobiographical memory manipulation in Study 3 to make personal episodes of forgetfulness salient. Participants for whom past personal episodes of forgetfulness were made salient judged negligent wrongdoers less harshly compared to a control group for whom past episodes of negligence were not salient. Collectively, these findings suggest that first-personal judgments of mental control drive third-personal judgments of blame for negligent wrongdoing and indicate a novel role for counterfactual thinking in the attribution of responsibility. (shrink)

Research suggests that moral evaluations change during adulthood. Older adults (75+) tend to judge accidentally harmful acts more severely than younger adults do, and this age‐related difference is in part due to the greater negligence older adults attribute to the accidental harmdoers. Across two studies (N = 254), we find support for this claim and report the novel discovery that older adults’ increased attribution of negligence, in turn, is associated with a higher perceived likelihood that the accident would occur. We (...) propose that, because older adults perceive accidents as more likely than younger adults do, they condemn the agents and their actions more and even infer that the agents’ omission to exercise due care is intentional. These findings refine our understanding of the cognitive processes underpinning moral judgment in older adulthood and highlight the role of subjective probability judgments in negligence attribution. (shrink)

In their article “No Luck for Moral Luck”, the authors claim to have dissolved the philosophical puzzle of resultant moral luck through empirical studies that show that people do not judge morally lucky and morally unlucky agents differently. In this paper, I will argue that one can accept the results of their experiment and still uphold the puzzle of resultant moral luck. In order to do so, I will first turn to Machery’s suggestion that implicit biases should be viewed as (...) traits instead of mental states and introduce three levels of moral commitment. I will use the distinctions made in Machery to argue that Kneer and Machery’s experiments test respondents’ second-level moral commitments but that the puzzle of moral luck is actually about third-level moral commitments which are indicative of traits that manifest in practice. I will make this point by returning to Nagel's article and arguing that the original puzzle of resultant moral luck is best described as a puzzle about moral practice rather than moral theory. As a result, Kneer and Machery’s analysis does not show that people do not have a Difference Intuition as they claim, but only that they have a second-level theoretical commitment to the control principle, which is a conclusion that should have been expected given Nagel’s formulation of the problem. (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)

The potential capacity for robots to deceive has received considerable attention recently. Many papers explore the technical possibility for a robot to engage in deception for beneficial purposes (e.g., in education or health). In this short experimental paper, I focus on a more paradigmatic case: robot lying (lying being the textbook example of deception) for nonbeneficial purposes as judged from the human point of view. More precisely, I present an empirical experiment that investigates the following three questions: (a) Are ordinary (...) people willing to ascribe deceptive intentions to artificial agents? (b) Are they as willing to judge a robot lie as a lie as they would be when human agents engage in verbal deception? (c) Do people blame a lying artificial agent to the same extent as a lying human agent? The response to all three questions is a resounding yes. This, I argue, implies that robot deception and its normative consequences deserve considerably more attention than they presently receive. (shrink)

Midwest Studies In Philosophy, EarlyView.

This article makes a case for wide reflective equilibrium in doing African epistemology. It argues that on the issue of formulating a viable theory of knowledge, such an approach is more promising than the extant dominant approaches, namely the method of ethno-epistemology and the method of particularistic studies. More specifically, wide reflective equilibrium articulates a proper balance between philosophy and culture and endows a theory of knowledge with multiple sources of normativity.

Champions of the methodological movement of experimental philosophy have challenged the long-standing practice of relying on intuitive verdicts on cases in philosophical inquiry. They argue that th...

In this response to Edouard Machery's comments on On Folk Epistemology, I address his methodological challenges, the first of which concerns cross-cultural and interpersonal instability of case judgments. Whereas I agree with Machery about the importance of not going too quickly from folk epistemological judgments to epistemological theory, I argue against skepticism about such judgments. Machery's second challenge concerns my bias account of patterns of knowledge ascriptions. Whereas I agree with Machery that bias accounts should not be overgeneralized, I argue (...) that the evidence he cites is consistent with the restricted applications of the book's bias accounts. (shrink)

A fundamental question in responsibility theory concerns the relation between being responsible and our practices of holding responsible. ‘Strawsonians’ often claim that being responsible is somehow a function of our practices of holding responsible, while others think that holding responsible depends on being responsible, and still others think of being and holding responsible as interdependent. Based on a Wittgensteinian reading of Strawson, I develop an account of the relation between being and holding responsible which respects major concerns of all parties (...) in this debate. I characterize the way in which being responsible depends on holding responsible as genealogical, and the way in which holding responsible depends on being responsible as justificatory. I show how my account cuts across received ways of carving up the debate, and how it allows for all the kinds of fallibility about moral responsibility that are worth wanting. (shrink)

Does one’s causal responsibility increase the degree of one’s moral responsibility? The proponents of resultant moral luck hold that it does. Until quite recently, the causation literature has almost exclusively been interested in the binary question of whether one factor is a cause of an outcome. Naturally, the debate over resultant moral luck also revolved around this binary question. However, we have seen an increased interest in the question of degrees of causation in recent years. And some philosophers have already (...) explored various implications of a graded notion of causation on resultant moral luck. In this paper, I will do the same. But the implications that I will draw attention to are bad news for resultant moral luck. I will show that resultant moral luck entails some implausible results that leave resultant moral luck more indefensible than it was previously thought be. I will also show that what is typically taken to be the positive argument in favor of resultant moral luck fails. I will conclude that we should reject resultant moral luck. (NOTE: Email me for a copy.). (shrink)

Thinking Off Your Feet: How Empirical Psychology Vindicates Armchair Philosophy, by Michael Strevens. Cambridge, MA: Harvard University Press, 2019. Pp. xii + 345.

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)

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)

In this study we test how the composition of crime news articles contributes to reader perceptions of the moral blameworthiness of vehicular homicide offenders. After employing a rigorous process to develop realistic experimental vignettes about vehicular homicide in Minnesota, we deploy a survey to test differential assignments of suggested punishment. We find that readers respond to having very little information by choosing neutral or mid-point levels of punishment, but increase recommended punishment based on information about morally charged conduct. By contrast, (...) information about the perpetrator’s immigration status caused respondents to split into two groups on whether the offense deserves neutral or increased punishment. We find that political ideology strongly influences recommendations for more severe punishment when the immigration status of the perpetrator is revealed. We argue that this difference represents a moral dimension to punishment and blameworthiness that incorporates factors outside the active offense and therefore reveals the social influence of differential reporting in shaping public perception. (shrink)

Habilitation thesis in psychology. The book consists of a collection of reasoning studies. The experimental investigations will take us from people’s reasoning about probabilities, entailments, pragmatic factors, argumentation, and causality to morality. An overarching theme of the book is norm pluralism and individual differences in rationality research.

Extant research has shown that ordinary causal judgments are sensitive to normative factors. For instance, agents who violate a norm are standardly deemed more causal than norm-conforming agents in identical situations. In this paper, we explore two competing explanations for the Norm Effect: the Responsibility View and the Bias View. According to the former, the Norm Effect arises because ordinary causal judgment is intimately intertwined with moral responsibility. According to the alternative view, the Norm Effect is the result of a (...) blame-driven bias. In a series of five preregistered experiments (N = 2688), we present evidence that predominantly favours the Bias View. In particular, and against predictions made by the Responsibility View, we show that participants deem agents who violate nonpertinent or silly norms – norms that do not relate to the outcome at hand – as more causal, and that this effect cannot be explained in terms of plausible mediators such as the agent’s foreknowledge and desire, or the foreseeability of harm. We close with a discussion regarding the implications of these findings, in as regards the just assessment of proximate cause in the law. (shrink)

A growing body of literature has revealed ordinary causal judgement to be sensitive to normative factors, such that a norm-violating agent is regarded more causal than their non-norm-violating counterpart. In this paper, we explore two competing explanations for this phenomenon: the Responsibility View and the Bias View. The Bias View, but not the Responsibility View, predicts features peripheral to the agent’s responsibility to impact causal attributions. In a series of three preregistered experiments (N = 1162), we present new evidence that (...) the Norm Effect arises from such peripheral features, namely from nonpertinent or entirely silly norm violations. Furthermore, we show that this effect cannot be explained by recourse to the agent’s foreknowledge or desire of the outcome, nor by its foreseeability: the Norm Effect arises even when participants judge the norm-violating agent’s doing as equally foreseeable. This, we argue, provides evidence in favour of the Bias View. (shrink)

The reasonable person standard is key to both Criminal Law and Torts. What does and does not count as reasonable behavior and decision-making is frequently deter- mined by lay jurors. Hence, laypeople’s understanding of the term must be considered, especially whether they use it predominately in an evaluative fashion. In this corpus study based on supervised machine learning models, we investigate whether laypeople use the expression ‘reasonable’ mainly as a descriptive, an evaluative, or merely a value-associated term. We find that (...) ‘reasonable’ is predicted to be an evaluative term in the majority of cases. This supports prescriptive accounts, and challenges descriptive and hybrid accounts of the term—at least given the way we operationalize the latter. Interestingly, other expressions often used interchangeably in jury instructions (e.g. ‘careful,’ ‘ordinary,’ ‘prudent,’ etc), however, are predicted to be descriptive. This indicates a discrepancy between the intended use of the term ‘reasonable’ and the understanding lay jurors might bring into the court room. (shrink)

I argue for responsibility internalism. That is, moral responsibility (i.e., accountability, or being apt for praise or blame) depends only on factors internal to agents. Employing this view, I also argue that no one is responsible for what AI does but this isn’t morally problematic in a way that counts against developing or using AI. Responsibility is grounded in three potential conditions: the control (or freedom) condition, the epistemic (or awareness) condition, and the causal responsibility condition (or consequences). I argue (...) that causal responsibility is irrelevant for moral responsibility, and that the control condition and the epistemic condition depend only on factors internal to agents. Moreover, since what AI does is at best a consequence of our actions, and the consequences of our actions are irrelevant to our responsibility, no one is responsible for what AI does. That is, the so-called responsibility gap exits. However, this isn’t morally worrisome for developing or using AI. Firstly, I argue, current AI doesn’t generate a new kind of concern about responsibility that the older technologies don’t. Then, I argue that responsibility gap is not worrisome because neither responsibility gap, nor my argument for its existence, entails that no one can be justly punished, held accountable, or incurs duties in reparations when AI causes a harm. (shrink)

Experimental moral philosophy emerged as a methodology in the last decade of the twentieth century, as a branch of the larger experimental philosophy (X-Phi) approach. Experimental moral philosophy is the empirical study of moral intuitions, judgments, and behaviors. Like other forms of experimental philosophy, it involves gathering data using experimental methods and using these data to substantiate, undermine, or revise philosophical theories. In this case, the theories in question concern the nature of moral reasoning and judgment; the extent and sources (...) of moral obligations; the nature of a good person and a good life; even the scope and nature of moral theory itself. This entry begins with a brief look at the historical uses of empirical data in moral theory and goes on to ask what, if anything, is distinctive about experimental moral philosophy—how should we distinguish it from related work in empirical moral psychology? After discussing some strategies for answering this question, the entry examines two of the main projects within experimental moral philosophy, and then discusses some of the most prominent areas of research within the field. As we will see, in some cases experimental moral philosophy has opened up new avenues of investigation, while in other cases it has influenced longstanding debates within moral theory. (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)

There is a large literature exploring the effect of norms on the attribution of causation. Empirical research on this so-called “norm effect” has predominantly focused on two data points: A situation in which an agent violates a salient norm, and one in which there is no violation of a salient norm. Since the phenomenon is understood in bivalent terms (norm infraction vs. no norm infraction), most explanations thereof have the same structure. In this paper, we report several studies (total N=479) (...) according to which perceived causation depends on the strength of the norm violated – whether strength is conceived in terms of the norm’s strictness, explicitness or associated punishment. Consequently, the norm effect, properly conceived, is not bivalent but graded in nature, the standard data points (norm violation vs. no norm violation) are but a special case of a broader phenomenon. This, we argue, puts pressure on many, if not most, of the current explanations of the norm effect on causation. (shrink)