Recent work by Joshua Knobe indicates that people’s intuition about whether an action was intentional depends on whether the outcome is good or bad. This paper argues that part of the explanation for this effect is that there are stable individual differences in how ‘intentional’ is interpreted. That is, in Knobe’s cases, different people interpret the term in different ways. This interpretive diversity of ‘intentional’ opens up a new avenue to help explain Knobe’s results. Furthermore, the paper argues that the (...) use of intuitions in philosophy is complicated by fact that there are robust individual differences in intuitions about matters of philosophical concern. (shrink)

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)

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)

How does experimental philosophy address philosophical questions and problems? That is: What projects does experimental philosophy pursue? What is their philosophical relevance? And what empirical methods do they employ? Answers to these questions will reveal how experimental philosophy can contribute to the longstanding ambition of placing philosophy on the ‘secure path of a science’, as Kant put it. We argue that experimental philosophy has introduced a new methodological perspective – a ‘meta-philosophical naturalism’ that addresses philosophical questions about a phenomenon by (...) empirically investigating how people think about this phenomenon. This chapter asks how this novel perspective can be successfully implemented: How can the empirical investigation of how people think about something address genuinely philosophical problems? And what methods – and, specifically, what methods beyond the questionnaire – can this investigation employ? We first review core projects of experimental philosophy and raise the question of their philosophical relevance. For ambitious answers, we turn to experimental philosophy’s most direct historical precursor, mid-20th century ordinary language philosophy, and discuss empirical implementations of two of its research programmes that use experimental methods from psycholinguistics and corpus methods from the digital humanities. (shrink)

Traditionally it has been thought that the moral valence of a proposition is, strictly speaking, irrelevant to whether someone knows that the proposition is true, and thus irrelevant to the truth-value of a knowledge ascription. On this view, it’s no easier to know, for example, that a bad thing will happen than that a good thing will happen (other things being equal). But a series of very surprising recent experiments suggest that this is actually not how we view knowledge. On (...) the contrary, people are much more willing to ascribe knowledge of a bad outcome. This is known as the epistemic side-effect effect (ESEE), and is a specific instance of a widely documented phenomenon, the side-effect effect (a.k.a. “the Knobe effect”), which is the most famous finding in experimental philosophy. In this paper, I report a new series of five experiments on ESEE, and in the process accomplish three things. First, I confirm earlier findings on the effect. Second, I show that the effect is virtually unlimited. Third, I introduce a new technique for detecting the effect, which potentially enhances its theoretical significance. In particular, my findings make it more likely that the effect genuinely reflects the way we think about and ascribe knowledge, rather than being the result of a performance error. (shrink)

George Bealer argues that intuitions are not only reliable indicators of truth, they are necessary to the philosophical endeavor. Specifically, he thinks that intuitions are essential sources of evidence for epistemic justification. I argue that Bealer's defense of intuitions either (1) is insufficient to show that actual human beings are in a position to use intuitions for epistemic justification, or (2) begs the question. The growing empirical data about our intuitions support the view that humans are not creatures appropriately positioned (...) to use intuitions for epistemic justification in the way Bealer suggests. Without the appropriate empirical evidence that humans are beings so positioned, his view begs the question against those who think that intuitions are not reliable guides to truth. (shrink)

Research has consistently shown that people consider harmful side effects of an action more intentional than helpful side effects. This phenomenon is known as the side- effect effect (SEE), which refers to the influence of moral considerations in judgments of intentionality and other non-moral concepts. There is an ongoing debate about how to explain this asymmetric pattern of judgment and the psychological factors involved in it. It has been posited that affective reactions to agents that bring about harmful side- effects (...) could bias intentionality attributions in these cases, explaining the asymmetric pattern of intentionality judgments that we observe in the SEE. We call this the affective bias hypothesis (ABH). Evidence for the ABH is mixed, with some findings suggesting a role for affective processes, while others suggesting that affective processes play no role in the SEE. A possible explanation for these apparently contradictory results points to affective processes involved in the SEE being confined to anger. In a series of empirical studies, we systematically measured and manipulated participants’ anger in order to test this possibility. Our findings suggest that anger play no role in intentionality judgments in SEE cases, while providing support for a non-emotional motivation to blame as a factor underlying the SEE. (shrink)

People asymmetrically attribute various agential features such as intentionality, knowledge, or causal impact to other agents when something of normative significance is at stake. I will argue that three questions are of primary interest in the debate about this effect. A methodological question about how to explain it at all; a substantive question about how to explain it correctly: and a normative question about whether to explain it in terms of an error or a legitimate judgmental pattern. The problem, I (...) argue, is that these three questions are difficult to disentangle. I propose a solution to this problem, and show how it accounts for the most recent data regarding the effect. (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)

ABSTRACT:Legal scholars and business ethicists are interested in many of the same core issues regarding human and firm behavior. The vast amount of legal research being generated by nearly 10,000 law school and business law scholars will inevitably influence business ethics research. This paper describes some of the recent trends in legal scholarship and explores its implications for three significant aspects of business ethics research—methodology, theory, and policy.

In principle, all patients deserve to receive optimal medical treatment equally. However, in situations in which there is scarcity of time or resources, medical treatment must be prioritized based on a triage. The conventional guidelines of medical triage mandate that treatment should be provided based solely on medical necessity regardless of any non-medical value-oriented considerations (“worst-first”). This study empirically examined the influence of value-oriented considerations on medical triage decision–making. Participants were asked to prioritize medical treatment relating to four case scenarios (...) of an emergency situation resulting from a car collision. The cases differ by situational characteristics pertaining to the at-fault driver, which were related to culpability attribution. In three case scenarios most participants gave priority to the most severely injured individual, unless the less severely injured individual was their brother. Nevertheless, in the aftermath of a vehicle-ramming terror attack most participants prioritized the less severely injured individual (“victim-first”). Our findings indicate that when caregivers are presented with concrete highly conflictual triage situations their choices may be based on value-oriented considerations related to contextual characteristics of the emergency situation. Philosophical and practical ramifications of our findings are discussed. (shrink)

Sripada and Konrath use Structural Equation Modeling techniques to provide empirical evidence for the claim that implicit and automatic inferences about people’s dispositions, and not normative judgments, are the driving cause behind the pattern of folk judgments of intentional action in Knobe’s chairman case. However, I will argue that their evidence is not as strong as they claim due to the potential of methodological and statistical problems with the way they tested their model. After correcting for these problems, I show (...) that even after accounting for the role of dispositional inferences, normative judgments are still playing a significant role in folk judgments of intentional action. (shrink)