A coherent practice of mens rea (‘guilty mind’) ascription in criminal law presupposes a concept of mens rea which is insensitive to the moral valence of an action’s outcome. For instance, an assessment of whether an agent harmed another person intentionally should be unaffected by the severity of harm done. Ascriptions of intentionality made by laypeople, however, are subject to a strong outcome bias. As demonstrated by the Knobe effect, a knowingly incurred negative side effect is standardly judged intentional, whereas (...) a positive side effect is not. We report the first empirical investigation into intentionality ascriptions made by professional judges, which finds (i) that professionals are sensitive to the moral valence of outcome type, and (ii) that the worse the outcome, the higher the propensity to ascribe intentionality. The data shows the intentionality ascriptions of professional judges to be inconsistent with the concept of mens rea supposedly at the foundation of criminal law. (shrink)

It has sometimes been suggested that people represent the structure of action in terms of an action tree. A question now arises about the relationship between this action tree representation and people’s moral judgments. A natural hypothesis would be that people first construct a representation of the action tree and then go on to use this representation in making moral judgments. The present paper argues for a more complex view. Specifically, the paper reports a series of experimental studies that appear (...) to show that people’s moral judgments can actually impact their representations of the action tree itself. (shrink)

Much of the philosophical literature on causation has focused on the concept of actual causation, sometimes called token causation. In particular, it is this notion of actual causation that many philosophical theories of causation have attempted to capture.2 In this paper, we address the question: what purpose does this concept serve? As we shall see in the next section, one does not need this concept for purposes of prediction or rational deliberation. What then could the purpose be? We will argue (...) that one can gain an important clue here by looking at the ways in which causal judgments are shaped by people‘s understanding of norms. (shrink)

Our interest in this paper is to drive a wedge of contention between two different programs that fall under the umbrella of “experimental philosophy”. In particular, we argue that experimental philosophy’s “negative program” presents almost as significant a challenge to its “positive program” as it does to more traditional analytic philosophy.