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)

Individuals tend to judge bad side effects as more intentional than good side effects (the Knobe or side- effect effect). Here, we assessed how widespread these findings are by testing eleven adult cohorts of eight highly contrasted cultures on their attributions of intentional action as well as ratings of blame and praise. We found limited generalizability of the original side-effect effect, and even a reversal of the effect in two rural, traditional cultures (Samoa and Vanuatu) where participants were more likely (...) to judge the good side effect as intentional. Three follow-up experiments indicate that this reversal of the side-effect effect is not due to semantics and may be linked to the perception of the status of the protagonist. These results highlight the importance of factoring cultural context in our understanding of moral cognition. (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)

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)

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

One aim of this article is to explore the connection between the Knobe effect and the epistemic side-effect effect (ESEE). Additionally, we report evidence about a further generalization regarding probability judgments. We demonstrate that all effects can be found within German material, using ‘absichtlich’ [intentionally], ‘wissen’ [know] and ‘wahrscheinlich’ [likely]. As the explanations discussed with regard to the Knobe effect do not suffice to explicate the ESEE, we survey whether the characteristic asymmetry in knowledge judgments is caused by a differing (...) perception of probabilities concerning the occurrence of the side-effects. Our findings show that a negative side-effect is judged more probable, even if the objective probabilities would suggest otherwise. We argue that the best explanation for these results is that the Knobe effect applies to the perception of probabilities as well: a probabilistic side-effect effect. (shrink)

Knobe (Analysis 63:190-193, 2003a, Philosophical Psychology 16:309-324, 2003b, Analysis 64:181-187, 2004b) found that people are more likely to attribute intentionality to agents whose actions resulted in negative side-effects that to agents whose actions resulted in positive ones. Subsequent investigation has extended this result to a variety of other folk psychological attributions. The present article reports experimental findings that demonstrate an analogous effect for belief ascriptions. Participants were found to be more likely to ascribe belief, higher degrees of belief, higher degrees (...) of rational belief, and dispositional belief to agents in central Knobe effect cases who bring about negative side-effects than to agents who bring about positive ones. These findings present a significant challenge to widely held views about the Knobe effect, since many explanations of it assume that agents in contrasting pairs of Knobe effect cases do not differ with respect to their beliefs. Participants were also found to be more confident that knowledge should be attributed than they were that belief or dispositional belief should be attributed. This finding strengthens the challenge that Myers-Schulz and Schwitzgebel (2013) have launched against the traditional view that knowledge entails belief. (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)