An updated and extended second edition supporting the findings of its well-known predecessor which claimed that courts employ common-sense notions of causation in determining legal responsibility.

Moral philosophers, legal theorists, and psychologists who study moral judgment are remarkably agreed in prescribing how to blame people. A blameworthy act occurs when an actor intentionally, negligently or recklessly causes foreseen, or foreseeable, harmful consequences without any compelling mitigating or extenuating circumstances. This simple formulation conveniently forestalls intricacies about how to construe concepts such as will, causation, foresight, and mitigation, but putting that aside for the moment, it seems fair to say that blame “professionals” share compatible conceptions of how (...) to make fair and rational blame ascriptions. Blame “amateurs,” on the other hand, sometimes stretch these rational prescriptions for blame beyond the breaking point. Numerous psychological studies on blame and responsibility, as well as the perplexing outcomes of high-profile criminal and civil trials, demonstrate that everyday blamers are capable of violating virtually every rational prescription that moral philosophers, legal scholars, and rational decision theorists hold dear. (shrink)

It is human nature to wonder how things might have turned out differently--either for the better or for the worse. For the past two decades psychologists have been intrigued by this phenomenon, which they call counterfactual thinking. Specifically, researchers have sought to answer the "big" questions: Why do people have such a strong propensity to generate counterfactuals, and what functions does counterfactual thinking serve? What are the determinants of counterfactual thinking, and what are its adaptive and psychological consequences? This important (...) work brings together a collection of thought-provoking papers by social and cognitive psychologists who have made important theoretical and empirical contributions to our understanding of this topic. The essays in this volume contain novel theoretical insights, and, in many cases descriptions of previously unpublished empirical studies. The Psychology of Counterfactual Thinking provides an excellent overview of this fascinating topic for researchers, as well as advanced undergraduates and graduates in psychology--particularly those with an interest in social cognition, social judgment, decision judgment, decision making, thinking and reasoning. (shrink)

Supererogation and rules -- Problematic responsibility in law and morals -- On being "morally speaking a murderer" -- Justice and personal desert -- The expressive function of punishment -- Action and responsibility -- Causing voluntary actions -- Sua culpa -- Collective responsibility -- Crime, clutchability, and individuated treatment -- What is so special about mental illness?

It has long been known that people’s causal judgments can have an impact on their moral judgments. To take a simple example, if people conclude that a behavior caused the death of ten innocent children, they will therefore be inclined to regard the behavior itself as morally wrong. So far, none of this should come as any surprise. But recent experimental work points to the existence of a second, and more surprising, aspect of the relationship between causal judgment and moral (...) judgment. It appears that the relationship can sometimes go in the opposite direction. That is, it appears that our moral judgments can sometimes impact our causal judgments. (Hence, we might first determine that a behavior is morally wrong and then, on that basis, arrive at the conclusion that it was the cause of various outcomes.). (shrink)

First Published in 1999. Routledge is an imprint of Taylor & Francis, an informa company.