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)

While philosophers hold that it is patently absurd to blame robots or hold them morally responsible [1], a series of recent empirical studies suggest that people do ascribe blame to AI systems and robots in certain contexts [2]. This is disconcerting: Blame might be shifted from the owners, users or designers of AI systems to the systems themselves, leading to the diminished accountability of the responsible human agents [3]. In this paper, we explore one of the potential underlying reasons for (...) robot blame, namely the folk's willingness to ascribe inculpating mental states or "mens rea" to robots. In a vignette-based experiment (N=513), we presented participants with a situation in which an agent knowingly runs the risk of bringing about substantial harm. We manipulated agent type (human v. group agent v. AI-driven robot) and outcome (neutral v. bad), and measured both moral judgment (wrongness of the action and blameworthiness of the agent) and mental states attributed to the agent (recklessness and the desire to inflict harm). We found that (i) judgments of wrongness and blame were relatively similar across agent types, possibly because (ii) attributions of mental states were, as suspected, similar across agent types. This raised the question - also explored in the experiment - whether people attribute knowledge and desire to robots in a merely metaphorical way (e.g., the robot "knew" rather than really knew). However, (iii), according to our data people were unwilling to downgrade to mens rea in a merely metaphorical sense when given the chance. Finally, (iv), we report a surprising and novel finding, which we call the inverse outcome effect on robot blame: People were less willing to blame artificial agents for bad outcomes than for neutral outcomes. This suggests that they are implicitly aware of the dangers of overattributing blame to robots when harm comes to pass, such as inappropriately letting the responsible human agent off the moral hook. (shrink)

In resultant moral luck, blame and punishment seem intuitively to depend on downstream effects of a person’s action that are beyond his or her control. Some skeptics argue that we should override our intuitions about moral luck and reform our practices. Other skeptics attempt to explain away apparent cases of moral luck as epistemic artifacts. I argue, to the contrary, that moral luck is real—that people are genuinely responsible for some things beyond their control. A partially consequentialist theory of responsibility (...) justifies moral luck. But this justification is no mere rationalization of the status quo. Recent experimental and evolutionary work on punishment and learning suggests that the very same reasons that justify moral luck have also shaped the evolution of our luck-sensitive moral practices. (shrink)

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)

Kant argued that individuals should be punished “proportional to their internal wickedness,” and recent work has demonstrated that essentialism—the notion that observable characteristics reflect internal, biological, unchanging “essences”—influences moral judgment. However, these efforts have yielded conflicting results: essentialism sometimes increases and sometimes decreases moral condemnation. To resolve these discrepancies, we investigated the mechanisms by which essentialism influences moral judgment, focusing on perceptions of actors’ control over their behavior, the target of essentialism (particular behaviors vs. actors’ character), and the component of (...) essentialism (biology vs. immutability). Participants punished people described as having a criminal essence more than those with a non‐criminal essence or no essence. Probing potential mechanisms underlying this effect, we found a mediating role for perceptions of control and weak influences of essentialism focus (behavior vs. character) and component of essentialism (biology vs. immutability). These results extend prior work on essentialism and moral cognition, demonstrating a causal link between perceptions of “internal wickedness” and moral judgment. Our findings also resolve discrepancies in past work on the influence of essentialism on moral judgment, highlighting the role that perceptions of actors’ control over their behavior play in moral condemnation. (shrink)

Humans routinely make inferences about both the contents and the workings of other minds based on observed actions. People consider what others want or know, but also how intelligent, rational, or attentive they might be. Here, we introduce a new methodology for quantitatively studying the mechanisms people use to attribute intelligence to others based on their behavior. We focus on two key judgments previously proposed in the literature: judgments based on observed outcomes (you're smart if you won the game) and (...) judgments based on evaluating the quality of an agent's planning that led to their outcomes (you're smart if you made the right choice, even if you didn't succeed). We present a novel task, the maze search task (MST), in which participants rate the intelligence of agents searching a maze for a hidden goal. We model outcome‐based attributions based on the observed utility of the agent upon achieving a goal, with higher utilities indicating higher intelligence, and model planning‐based attributions by measuring the proximity of the observed actions to an ideal planner, such that agents who produce closer approximations of optimal plans are seen as more intelligent. We examine human attributions of intelligence in three experiments that use MST and find that participants used both outcome and planning as indicators of intelligence. However, observing the outcome was not necessary, and participants still made planning‐based attributions of intelligence when the outcome was not observed. We also found that the weights individuals placed on plans and on outcome correlated with an individual's ability to engage in cognitive reflection. Our results suggest that people attribute intelligence based on plans given sufficient context and cognitive resources and rely on the outcome when computational resources or context are limited. (shrink)

It typically taken for granted that agents can be morally responsible for such things as, for example, the death of the victim and the capture of the murderer in the sense that one may be blameworthy or praiseworthy for such things. The primary task of a theory of moral responsibility, it is thought, is to specify the appropriate relationship one must stand to such things in order to be morally responsible for them. I argue that this common approach is problematic (...) because it attempts to explain the way in which an agent can be morally responsible for something that is external to her, the agent. Since, I argue, everything that matters for moral responsibility is internal to the agent, the accounts that emerge from this approach are committed to a particular form of moral luck. Instead, we should reject this form of moral luck, and with it, the possibility of moral responsibility for objects external to the agent. We are, I argue, morally responsible only for our inner willings. Thus, a form of internalism about moral responsibility is defended. (shrink)