The Culpable Control Model assumes that causal judgments are irrational: a negative evaluative reaction to an agent would lead individuals to overestimate his causal contribution to a harm. However, the extent to which these judgments deviate from criteria of rationality remains unclear. The two present studies aimed at investigating conditions under which this effect occurs. Participants red a vignette in which the evaluative reaction was operationalized through the agent’s motives (blameworthy, laudable). We also varied the causal link between the agent’s (...) action and the outcome (strong, weak, preempted). In both studies, we found that negative motives influenced causal judgments when a strong action-outcome link could be established. In Study 2, we replicated the effect of motives on causal judgment in the weak link condition. However, participants consistently judged the agent as less causal when the link was weak (vs. strong), regardless of the agent’s motives. These findings show that both the presence and the strength of the actual causal link between the action and the outcome moderate the detrimental effect of negative evaluative reactions on causal judgments. Thus, common sense causal judgments seem to deviate relatively little from the criteria of rationality. (shrink)

Guilt is a powerful emotion that is known to influence ethical decision-making. Nevertheless, the role of guilt cognitions in influencing restorative behaviour following an unethical action is not well understood. Guilt cognitions are interrelated beliefs about an individual’s role in a negative event. We experimentally investigate the joint impact of three guilt cognitions—responsibility for a decision, justification for a decision, and foreseeability of consequences—on a taxpayer’s decision to make a tax amnesty disclosure. Tax amnesties encourage delinquent taxpayers to self-correct to (...) avoid severe penalties that would result if their tax evasion were discovered. Our findings suggest a three-way interaction effect such that taxpayers are likely to make tax amnesty disclosures when they foresee that they will be caught by the tax authority, unless they can diffuse responsibility for their evasion and justify their evasion. Implications for tax policy and tax professionals are discussed. (shrink)

Recent empirical evidence indicates that people tend to believe that they possess indeterminist free will, and people’s experience of choosing and deciding is that they possess such freedom. Some also maintain that people’s belief in indeterminist free will has its source in their experience of choosing and deciding. Yet there seem to be good reasons to resist endorsing. Despite this, I maintain that belief in indeterminist free will really does have its source in experience. I explain how this is so (...) by appeal to the phenomenon of prospection, which is the mental simulation of future possibilities for the purpose of guiding action. Crucially, prospection can be experienced. And because of the way in which prospection models choice, it is easy for agents to experience and to believe that their choice is indeterministic. Yet this belief is not justified; the experience of prospection, and hence of free will as being indeterminist, is actually consistent with determinism. (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)

There are few concepts as relevant as that of intentional action in shaping our sense of self and the interaction with the environment. At the same time, few concepts are so elusive. Indeed, both conceptual and neuroscientific accounts of intentional agency have proven to be problematic. On the one hand, most conceptual views struggle in defining how agents can adequately exert control over their actions. On the other hand, neuroscience settles for definitions by exclusion whereby key features of human intentional (...) actions, including goal-directness, remain underspecified. This paper reviews the existing literature and sketches how this gap might be filled. In particular, we defend a gradualist notion of intentional behaviour, which revolves around the following key features: autonomy, flexibility in the integration of causal vectors, and control. (shrink)

In our day-to-day lives, we form responsibility judgements about one another – but we are imperfect beings, and our judgments can be mistaken. This paper suggests that we get things wrong not merely by chance, but predictably and systematically. In particular, these miscues are common when we are dealing with large gaps in social status and power. That is, when we form judgements about those who are much more or less socially powerful than ourselves, it is increasingly likely that “epistemic (...) distorters” will reliably disrupt our reasoning. In response to this situation, I argue for the introduction of a new norm concerning blame and social status: “Powerful Restraint.” This norm suggests that the socially powerful ought to blame the socially dispossessed less frequently, and that social pressure be applied to achieve that compliance. I argue that such a norm is justified given the pernicious down-stream moral effects of the up-stream epistemic distortion I describe. I defend it against objections that it suggests a normative solution to an epistemic problem, that it is paternalistic, and that it involves a kind of disrespect to the less socially powerful. (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)

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)

This book aims to show that recent developments in neuroscience permit a defense of free will. Through language, human beings can escape strict biological determinism.

Both philosophers and psychologists have argued for the existence of distinct kinds of explanations, including teleological explanations that cite functions or goals, and mechanistic explanations that cite causal mechanisms. Theories of causation, in contrast, have generally been unitary, with dominant theories focusing either on counterfactual dependence or on physical connections. This paper argues that both approaches to causation are psychologically real, with different modes of explanation promoting judgments more or less consistent with each approach. Two sets of experiments isolate the (...) contributions of counterfactual dependence and physical connections in causal ascriptions involving events with people, artifacts, or biological traits, and manipulate whether the events are construed teleologically or mechanistically. The findings suggest that when events are construed teleologically, causal ascriptions are sensitive to counterfactual dependence and relatively insensitive to the presence of physical connections, but when events are construed mechanistically, causal ascriptions are sensitive to both counterfactual dependence and physical connections. The conclusion introduces an account of causation, an "exportable dependence theory," that provides a way to understand the contributions of physical connections and teleology in terms of the functions of causal ascriptions. (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.

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)

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)

Several studies have shown that people are more likely to attribute intentionality and blame to agents who perform actions that have harmful consequences. This kind of bias has problematic implications for jury decisions because it predicts that judgment in juries will malfunction if an action has a blameworthy effect. Most of these studies include in their design a vignette in which it is clear that agents have foreknowledge of the effects of their actions. This kind of design fails to replicate (...) trial situations where, in most cases, it is impossible to know with certainty whether agents have foreknowledge of the effects of their actions. In the present study, we adopt an alternative design that includes vignettes in which there is no direct evidence of foreknowledge to investigate the relationship between intentionality and blame in actions that have harmful and helpful effects. We find that people are still more likely to attribute intentionality to actions that produce harmful effects than actions that produce good effects. However, we find that people tend to attribute more blame when they have direct evidence of foreknowledge than when presented with an alternative design that does not include foreknowledge. Results indicate the relevant role that evidence of foreknowledge plays in experimental designs that study blame attribution. (shrink)

This article argues that actor-network theory, as an alternative to critical theory, has lost its critical impetus when examining commodification in healthcare. The paper claims that the reason for this, is the way in which actor-network theory’s anti-essentialist ontology seems to black box 'intentionality' and ethics of human agency as contingent interests. The purpose of this paper was to open the normative black box of commodification, and compare how Marxism, Habermas and ANT can deal with commodification and ethics in healthcare. (...) Moreover, a new account of 'intentionality' in critical thinking was elaborated. Using Strawson's analysis of 'reactive attitudes and resentment,' the ethical implications of commodification in health care were examined as an assessment of intentions. Synthesizing critical theory with the relational materialism of actor-network theory, this article advances a new approach that seeks to bridge interdisciplinary boundaries, and guide actor-network theory in a critical and humanist direction. Providing new theoretical insights on commodification and 'intentionality' in health care. (shrink)

Traditionally, moral philosophers have distinguished between doing and allowing harm, and have normally proceeded as if this bipartite distinction can exhaustively characterize all cases of human conduct involving harm. By contrast, cognitive scientists and psychologists studying causal judgment have investigated the concept ‘enable’ as distinct from the concept ‘cause’ and other causal terms. Empirical work on ‘enable’ and its employment has generally not focused on cases where human agents enable harm. In this paper, we present new empirical evidence to support (...) the claim that some important cases in the moral philosophical literature are best viewed as instances of enabling harm rather than doing or allowing harm. We also present evidence that enabling harm is regarded as normatively distinct from doing and allowing harm when it comes to assigning compensatory responsibility. Moral philosophers should be exploring the tripartite distinction between doing harm, allowing harm, and enabling harm, rather than simply the traditional bipartite distinction. Cognitive scientists and psychologists studying moral judgment, who have so far largely adopted the bipartite distinction in this area of research, should likewise investigate the tripartite distinction. (shrink)

The results from a number of recent studies suggest that ascriptions of intentionality are based on evaluative considerations: specifically, that the likelihood of viewing a person’s actions as intentional is greater when the outcome is bad than good (see Knobe, 2006, 2010). In this research we provide an alternative explanation for these findings, one based on the idea that ascriptions of intentionality depend on causal structure. As predicted by the causal structure view, we observed that actions leading to bad outcomes (...) are associated with negative social pressures (Experiment 1), that these negative pressures give rise to a specific kind of causal structure (Experiment 2), and that when these causal structures are pitted against the badness of the outcome, intentionality judgments track with causal structure and not badness (Experiment 3). While the badness of an outcome may have an indirect effect on judgments of intentionality, our results suggest that the factors that affect judgments of intentionality most directly are non-evaluative and objective. (shrink)