In this paper, we focus on whether and to what extent we judge that people are responsible for the consequences of their forgetfulness. We ran a series of behavioral studies to measure judgments of responsibility for the consequences of forgetfulness. Our results show that we are disposed to hold others responsible for some of their forgetfulness. The level of stress that the forgetful agent is under modulates judgments of responsibility, though the level of care that the agent exhibits toward performing (...) the forgotten action does not. We argue that this result has important implications for a long-running debate about the nature of responsible agency. (shrink)

In this paper, we set out to test empirically an idea that many philosophers find intuitive, namely that non-moral ignorance can exculpate. Many philosophers find it intuitive that moral agents are responsible only if they know the particular facts surrounding their action. Our results show that whether moral agents are aware of the facts surrounding their action does have an effect on people’s attributions of blame, regardless of the consequences or side effects of the agent’s actions. In general, it was (...) more likely that a situationally aware agent will be blamed for failing to perform the obligatory action than a situationally unaware agent. We also tested attributions of forgiveness in addition to attributions of blame. In general, it was less likely that a situationally aware agent will be forgiven for failing to perform the obligatory action than a situationally unaware agent. When the agent is situationally unaware, it is more likely that the agent will be forgiven than blamed. We argue that these results provide some empirical support for the hypothesis that there is something intuitive about the idea that non-moral ignorance can exculpate. (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)

When making a moral judgment, people largely care about two factors: Who did it (causal responsibility), and did they intend to (intention)? Since Piaget's seminal studies, we have known that as children mature, they gradually place greater emphasis on intention, and less on mere bad outcomes, when making moral judgments. Today, we know that this developmental shift has several signature properties. Recently, it has been shown that when adults make moral judgments under cognitive load, they exhibit a pattern similar to (...) young children; that is, their judgments become notably more outcome based. Here, we show that all of the same signature properties that accompany the outcome‐to‐intent shift in childhood characterize the “intent‐to‐outcome” shift obtained under cognitive load in adults. These findings hold important implications for current theories of moral judgment. (shrink)

Humans have a strong sense of who should be punished, when, and how. Many features of these intuitions are consistent with a simple adaptive model: Punishment evolved as a mechanism to teach social partners how to behave in future interactions. Yet, it is clear that punishment as practiced in modern contexts transcends any biologically evolved mechanism; it also depends on cultural institutions including the criminal justice system and many smaller analogs in churches, corporations, clubs, classrooms, and so on. These institutions (...) can be thought of as a kind of ‘exaptation’: a culturally evolved set of norms that exploits biologically evolved intuitions about when punishment is deserved in order to achieve cooperative benefits for social groups. (shrink)

Frankfurt-Style Cases (FSCs) seem to elicit the intuitive judgment that an agent is morally responsible despite being unable to act otherwise, which is supposed to falsify the Principle of Alternative Possibility (PAP). Recent empirical studies have shown that the inclination toward this intuitive judgment is shared among people, which seems to reinforce the argument against the PAP. However, some scholars have argued for Descriptive Anti-Intuitionism (DAI) — intuitive judgments have never played an evidential role in philosophy — and thus denied (...) the philosophical significance of such empirical findings. I point out that although DAI fails in its literal claim for FSCs, an associated insight remains potent: an intuitive judgment is so fragile that it can be easily defeated by further arguments. Nevertheless, I argue, empirical studies are significant in uncovering the general principles to which we are committed in our practice concerning moral responsibility. I clarify how such findings can play a robust evidential role in philosophical debates concerning moral responsibility by tracing the literature written by Frankfurt and philosophers. (shrink)

People judge that an individual who attempts to harm someone but fails should be blamed and punished more when they imagine how things could have turned out worse, compared to when they imagine how things could have turned out the same, or when they think only about what happened. This moral counterfactual amplification effect occurs when people believe the protagonist had no reason for the attempt to harm, and not when the protagonist had a reason, as Experiment 1 shows. It (...) occurs for intentional failed attempts to harm and also for accidental near-misses, as Experiment 2 shows, but not for failed attempts in which the harm occurs anyway by another cause, for both general judgments about the event and specific judgments about the individual's actions, as Experiments 3 and 4 show. The implications for understanding the role of counterfactual thoughts in moral judgement are discussed. (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)

Theorists seeking evidence of moral cognition – whether in human infants, nonhuman animals, or any other population – would benefit from a minimalistic description of what moral cognition is. However, such a definition has proven elusive. Some argue that debates over the existence (or not) of moral cognition in various populations turn on unresolvable semantic disagreement over how to characterize the moral domain. I acknowledge a semantic dimension to some disputes and identify another problem: Often, while sidestepping semantics, researchers rely (...) on logically circular operationalizations, defining moral cognition in terms of elements that are already implicitly understood to be features of moral cognition, while failing to answer the question of what makes these features, or their combination, uniquely moral. The present article proposes a single solution to both problems. The issue of semantics is addressed by the identification of a naturally emerging and distinctive cognitive modality that is necessary to all definitions of moral cognition. The problem of circularity is overcome by a reduction of moral cognition to elements that are, in themselves, nonmoral. I call this distinctive combination of nonmoral elements the “molecular” structure of moral cognition. (shrink)

How do civilians react to being harmed in war? Existing studies argue that civilian casualties are strategically costly because civilian populations punish a belligerent who kills civilians and support the latter's opponent. Relying on eighty-seven semi-structured interviews with victims of coalition attacks in Afghanistan, this article shows that moral principles inform civilians’ attitudes toward their own harming. Their attitudes may therefore vary with the perceived circumstances of an attack. Civilians’ perception of harm as unintended and necessary, in accordance with the (...) moral principles of distinction and necessity, was associated with narratives that cast an attack as relatively more legitimate and with a partial or full release of the coalition from blame. The principle of proportionality, which requires that civilian casualties are caused in pursuit of a legitimate war aim, informed their abstract attitudes toward civilian casualties in Afghanistan. Two rules of international law, which accord with the moral principles of distinction and necessity, were reflected in the civilians’ attitudes. The legal rule of proportionality, which diverges from the namesake moral principle, failed to resonate with the civilians. The article explores whether compliance with the legal rules of distinction and necessity can contribute to mitigating the strategic costs of civilian casualties. (shrink)