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)

This chapter offers an overview of experimental legal philosophy with a special focus on questions in general jurisprudence, that part of legal philosophy that asks about the concept and nature of law. Much of the experimental general jurisprudence work has tended to follow the questions that have interested general jurisprudence scholars for decades, that is, questions about the relation between legal norms and moral norms. Wholesale criticism of experimental general jurisprudence is scant, but, given existing debates about experimental philosophy generally, (...) one can anticipate where disagreement is likely to occur. Outside of experimental general jurisprudence, there is plenty of vibrant discussion about how experimental results can enrich our understanding of various concepts that figure in everyday legal thought such as causation, intention, consent, or meaning. In the future, experimental legal philosophers should continue to consider the degree to which their project is purely descriptive or whether it is revisionary or pragmatic in its ambitions. Also, future work might consider whether to focus more attention on legal experts. (shrink)

Journal of Political Philosophy, EarlyView.

Journal of Political Philosophy, EarlyView.