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  1. The meaning of ‘reasonable’: Evidence from a corpus-linguistic study.Lucien Baumgartner & Markus Kneer - forthcoming - In Kevin P. Tobia (ed.), The Cambridge Handbook of Experimental Jurisprudence. Cambridge University Press.
    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 (...)
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  • Alice in Wonderland: experimental jurisprudence on the internal point of view.Corrado Roversi, Michele Ubertone, Caterina Villani, Stefania D’Ascenzo & Luisa Lugli - 2022 - Jurisprudence 14 (2):143-170.
    Humans have this extraordinary cognitive ability: They imagine inexistent objects, they treat them as if they were real, and by doing so they make them real. They thus give rise to a shared institutional reality that enables them to cooperate in ways that would be impossible otherwise. In this paper, we would like to revisit the account that HLA Hart gives of the practice of collective acceptance that makes a legal system possible. We try to provide an explanation of what (...)
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  • The experimental philosophy of law: New ways, old questions, and how not to get lost.Karolina Magdalena Prochownik - 2021 - Philosophy Compass 16 (12):e12791.
    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 (...)
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  • (1 other version)Causation and the Silly Norm Effect.Levin Güver & Markus Kneer - 2023 - In Stefan Magen & Karolina Prochownik (eds.), Advances in Experimental Philosophy of Law. New York, NY: Bloomsbury Academic. pp. 133–168.
    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 (...)
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  • Outcome effects, moral luck and the hindsight bias.Markus Https://Orcidorg Kneer & Izabela Skoczen - 2022 - Cognition 232 (C):105258.
    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 (...)
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  • (1 other version)Reasonableness on the Clapham Omnibus: Exploring the outcome-sensitive folk concept of reasonable.Markus Kneer - 2022 - In P. Bystranowski, Bartosz Janik & M. Prochnicki (eds.), Judicial Decision-Making: Integrating Empirical and Theoretical Perspectives. Springer Nature. pp. 25-48.
    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 (...)
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  • No evidence that reversibility affects causal judgments in late-preemption cases.Paul Henne, Karla Perez & Chad McCracken - forthcoming - Philosophical Psychology.
    Recently, Ross and Woodward (2022) argued that the reversibility of an outcome – that is, whether the outcome can be undone – affects causal judgments. One prediction of their account is that reversibility affects causal judgments in latepreemption scenarios, where people typically judge that events that produce the outcome earlier are more causal than preempted alternative events that would have otherwise produced the outcome. Ross and Woodward’s account predicts that when the outcome is reversible, people would judge these events similarly (...)
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