This paper explores analyzing criminal responsibility from the Humean position that blame is for character traits. If untoward acts indicate undesirable character traits, then the agent is blameworthy; if they do not, then the actor is not blameworthy — he has an excuse. A distinctive feature of this approach is that that voluntariness of acts is irrelevant to determining blameworthiness.This analysis is then applied to a variety of issues in criminal law. Mens supports inferences to character traits, and the Humean (...) approach provides a reason for rejeting strict criminal liability. The Humean approach also helps resolve a number of issues about attempts, such as punishment for impossible attempts and the defense of abandonment. It also supports the broad outlines of the defense of mistake and provides a third alternative in the Wooton-Hart debate over punishment and treatment. (shrink)

What makes humans moral beings? This question can be understood either as a proximate question or as an ultimate question. The question is about the mental and social mechanisms that produce moral judgments and interactions, and has been investigated by psychologists and social scientists. The question is about the fitness consequences that explain why humans have morality, and has been discussed by evolutionary biologists in the context of the evolution of cooperation. Our goal here is to contribute to a fruitful (...) articulation of such proximate and ultimate explanations of human morality. We develop an approach to morality as an adaptation to an environment in which individuals were in competition to be chosen and recruited in mutually advantageous cooperative interactions. In this environment, the best strategy is to treat others with impartiality and to share the costs and benefits of cooperation equally. Those who offer less than others will be left out of cooperation; conversely, those who offer more will be exploited by their partners. In line with this mutualistic approach, the study of a range of economic games involving property rights, collective actions, mutual help and punishment shows that participants' distributions aim at sharing the costs and benefits of interactions in an impartial way. In particular, the distribution of resources is influenced by effort and talent, and the perception of each participant's rights on the resources to be distributed. (shrink)

When we evaluate moral agents, we consider many factors, including whether the agent acted freely, or under duress or coercion. In turn, moral evaluations have been shown to influence our (non-moral) evaluations of these same factors. For example, when we judge an agent to have acted immorally, we are subsequently more likely to judge the agent to have acted freely, not under force. Here, we investigate the cognitive signatures of this effect in interpersonal situations, in which one agent (“forcer”) forces (...) another agent (“forcee”) to act either immorally or morally. The structure of this relationship allowed us to ask questions about both the “forcer” and the “forcee.” Paradoxically, participants judged that the “forcer” forced the “forcee” to act immorally (i.e. X forced Y), but that the “forcee” was not forced to act immorally (i.e. Y was not forced by X). This pattern obtained only for human agents who acted intentionally. Directly changing participants’ focus from one agent to another (forcer vs. forcee) also changed the target of moral evaluation and therefore force attributions. The full pattern of judgments may provide a window into motivated moral reasoning and focusing bias more generally; participants may have been motivated to attribute greater force to the immoral forcer and greater freedom to the immoral forcee. (shrink)

It is argued that causal understanding originates in experiences of acting on objects. Such experiences have consistent features that can be used as clues to causal identification and judgment. These are singular clues, meaning that they can be detected in single instances. A catalog of 14 singular clues is proposed. The clues function as heuristics for generating causal judgments under uncertainty and are a pervasive source of bias in causal judgment. More sophisticated clues such as mechanism clues and repeated interventions (...) are derived from the 14. Research on the use of empirical information and conditional probabilities to identify causes has used scenarios in which several of the clues are present, and the use of empirical association information for causal judgment depends on the presence of singular clues. It is the singular clues and their origin that are basic to causal understanding, not multiple instance clues such as empirical association, contingency, and conditional probabilities. (shrink)

The past decade has seen a renewed interest in moral psychology. A unique feature of the present endeavor is its unprecedented interdisciplinarity. For the first time, cognitive, social, and developmental psychologists, neuroscientists, experimental philosophers, evolutionary biologists, and anthropologists collaborate to study the same or overlapping phenomena. This review focuses on moral judgments and is written from the perspective of cognitive psychologists interested in theories of the cognitive and affective processes underlying judgments in moral domains. The review will first present and (...) discuss a variety of different theoretical and empirical approaches, including both behavioral and neuroscientific studies. We will then show how these theories can be applied to a selected number of specific research topics that have attracted particular interest in recent years, including the distinction between moral and conventional rules, moral dilemmas, the role of intention, and sacred/protected values. One overarching question we will address throughout the chapter is whether moral cognitions are distinct and special, or whether they can be subsumed under more domain-general mechanisms. (shrink)

Empirical work on the use of causal language by ordinary people indicates that their causal attributions tend to be sensitive not only to purely descriptive considerations, but also to broadly moral considerations. For example, ordinary causal attributions appear to be highly sensitive to whether a behavior is permissible or impermissible. Recently, however, a consensus view has emerged that situates the role of permissibility information within a broader framework: According to the consensus, ordinary causal attributions are sensitive to whether or not (...) a behavior is generally out of the norm, where being out of the norm might indicate deviation from a prescriptive norm (a broadly moral consideration) or deviation from a statistical norm (a purely descriptive consideration). In contrast, we conjecture that ordinary causal attributions are more directly connected to broadly moral judgments about normative responsibility (the responsibility view). We present the results of a series of new experimental studies that are consistent with the responsibility view, while indicating that the consensus position is seriously mistaken. (shrink)

What conception of causation is at work in the law? I argue that the law implicitly relies on a contrastive conception. In a liability case where the defendant's breach of duty must be shown to have caused the plaintiff's damages, it is not enough to consider what would have happened if the cause had not occurredthe law requires us to look to a specific replacement for the effect, which in this case is the hypothetical outcome in which the plaintiff came (...) off better. In place of I suggest the more explicit An explicitly contrastive approach can thus potentially help the lawyer phrase her causal question in a more explicit way, while shedding light on our conception of causation. (shrink)

Causation is widely assumed to be a binary relation: c causes e. I will argue that causation is a quaternary, contrastive relation: c rather than C* causes e rather than E*, where C* and E* are nonempty sets of contrast events. Or at least, I will argue that treating causation as contrastive helps resolve some paradoxes.

We propose a new definition of actual causes, using structural equations to model counterfactuals. We show that the definition yields a plausible and elegant account of causation that handles well examples which have caused problems for other definitions and resolves major difficulties in the traditional account. 1. Introduction2. Causal models: a review2.1Causal models2.2Syntax and semantics3. The definition of cause4. Examples5. A more refined definition6. DiscussionAAppendix: Some Technical IssuesA.1The active causal processA.2A closer look at AC2(b)A.3Causality with infinitely many variablesA.4Causality in nonrecursive (...) models. (shrink)

Several prominent, contemporary theories of actual causation maintain that in order for something to count as an actual cause (in the circumstances) of some known effect, the potential cause must be a difference-maker with respect to the effect in some restricted range of circumstances. Although the theories disagree about how to restrict the range of circumstances that must be considered in deciding whether something counts as an actual cause of a known effect, the theories agree that at least some counterfactual (...) circumstances must be considered. I argue that the theories are still too permissive in the range of counterfactual circumstances they admit for consideration, and I present simple counter-examples that make use of this overpermissiveness. (shrink)

How do people attribute responsibility in situations where the contributions of multiple agents combine to produce a joint outcome? The prevalence of over-determination in such cases makes this a difficult problem for counterfactual theories of causal responsibility. In this article, we explore a general framework for assigning responsibility in multiple agent contexts. We draw on the structural model account of actual causation (e.g., Halpern & Pearl, 2005) and its extension to responsibility judgments (Chockler & Halpern, 2004). We review the main (...) theoretical and empirical issues that arise from this literature and propose a novel model of intuitive judgments of responsibility. This model is a function of both pivotality (whether an agent made a difference to the outcome) and criticality (how important the agent is perceived to be for the outcome, before any actions are taken). The model explains empirical results from previous studies and is supported by a new experiment that manipulates both pivotality and criticality. We also discuss possible extensions of this model to deal with a broader range of causal situations. Overall, our approach emphasizes the close interrelations between causality, counterfactuals, and responsibility attributions. (shrink)

When agents violate norms, they are typically judged to be more of a cause of resulting outcomes. In this paper, we suggest that norm violations also affect the causality attributed to other agents, a phenomenon we refer to as "causal superseding." We propose and test a counterfactual reasoning model of this phenomenon in four experiments. Experiments 1 and 2 provide an initial demonstration of the causal superseding effect and distinguish it from previously studied effects. Experiment 3 shows that this causal (...) superseding effect is dependent on a particular event structure, following a prediction of our counterfactual model. Experiment 4 demonstrates that causal superseding can occur with violations of non-moral norms. We propose a model of the superseding effect based on the idea of counterfactual sufficiency. (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)

Recent work in psychology and experimental philosophy has shown that judgments of actual causation are often influenced by consideration of defaults, typicality, and normality. A number of philosophers and computer scientists have also suggested that an appeal to such factors can help deal with problems facing existing accounts of actual causation. This article develops a flexible formal framework for incorporating defaults, typicality, and normality into an account of actual causation. The resulting account takes actual causation to be both graded and (...) comparative. We then show how our account would handle a number of standard cases. 1 Introduction2 Causal Models3 The HP Definition of Actual Causation4 The Problem of Isomorphism5 Defaults, Typicality, and Normality6 Extended Causal Models7 Examples7.1 Omissions7.2 Knobe effects7.3 Causes versus background conditions7.4 Bogus prevention7.5 Causal chains7.6 Legal doctrines of intervening causes7.7 Pre-emption and short circuits8 Conclusion. (shrink)

We propose a new definition of actual causes, using structural equations to model counterfactuals. We show that the definition yields a plausible and elegant account of causation that handles well examples which have caused problems for other definitions and resolves major difficulties in the traditional account.

Extant models of moral judgment assume that an action’s intentionality precedes assignments of blame. Knobe (2003b) challenged this fundamental order and proposed instead that the badness or blameworthiness of an action directs (and thus unduly biases) people’s intentionality judgments. His and other researchers’ studies suggested that blameworthy actions are considered intentional even when the agent lacks skill (e.g., killing somebody with a lucky shot) whereas equivalent neutral actions are not (e.g., luckily hitting a bull’s-eye). The present five studies offer an (...) alternative account of these provocative findings. We suggest that people see the morally significant action examined in previous studies (killing) as accomplished by a basic action (pressing the trigger) for which an unskilled agent still has sufficient skill. Studies 1 through 3 show that when this basic action is performed unskillfully or is absent, people are far less likely to view the killing as intentional, demonstrating that intentionality judgments, even about immoral actions, are guided by skill information. Studies 4 and 5 further show that a neutral action such as hitting the bull’s-eye is more difficult than killing and that difficult actions are less often judged intentional. When difficulty is held constant, people’s intentionality judgments are fully responsive to skill information regardless of moral valence. The present studies thus speak against the hypothesis of a moral evaluation bias in intentionality judgments and instead document people’s sensitivity to subtle features of human action. (shrink)

When perceiving, explaining, or criticizing human behavior, people distinguish between intentional and unintentional actions. To do so, they rely on a shared folk concept of intentionality. In contrast to past speculative models, this article provides an empirically-based model of this concept. Study 1 demonstrates that people agree substantially in their judgments of intentionality, suggesting a shared underlying concept. Study 2 reveals that when asked to directly define the term intentional, people mention four components of intentionality: desire, belief, intention, and awareness. (...) Study 3 confirms the importance of a fifth component, namely, skill. In light of these findings, the authors propose a model of the folk concept of intentionality and provide a further test in Study 4. The discussion compares the proposed model to past ones and examines its implications for social perception, attribution, and cognitive development. (shrink)

This article explores situational determinants and psychological consequences of counterfactual excuse-making - denying responsibility by declaring `I couldn’t have known.’ Participants who were made accountable for a stock investment decision that resulted in an outcome caused by unforeseeable circumstances were particularly likely to generate counterfactual excuses and, as a result, to deny responsibility for the outcome of their choices and minimize their perceptions of control over the decision process. The article discusses the implications of these findings for structuring accountability reporting (...) relationships in business and, more generally, stresses the benefits of counterfactual denials of responsibility for maintaining self-esteem and a desired self-identity. (shrink)

In a radical new account of "causation" in the Law, I explain that "causation" is troublesome for lawyers because it is a labile term ordinary people use to express diverse information about the world. Though clarity would be promoted if we used the term "causation" to refer to the information yielded by only one type of inquiry, in the past lawyers have used the term to refer to more than one type of enquiry, while philosophers often have not specified an (...) inquiry. I argue that the most useful inquiry for legal purposes is one that compares the actual world of a particular phenomenon (such as the world as it is following a breach of contract or a breach of a duty of care) with a hypothetical world (such as a world in which, inter alia, there had been no breach) and thereby determines, in the context of that comparison, the role that a specified factor (such as that breach) played, if any, in the existence of the actual phenomenon. {It is convenient to separate three forms of such a role of "involvement": necessity, duplicate necessity and contribution, though contribution subsumes the others.} We can then use our knowledge of the physical laws of nature, evidence of behaviour and so on to distinguish involved factors from factors that are merely "associated" with that phenomenon by a relation of constant conjunction: a determination that can be done objectively. I argue that lawyers should unequivocally choose "involvement" as the one and only interrogation that underlies and gives meaning to their use of causal terminology - in other words, lawyers should cease describing other determinations in causal terms such as the "proximate cause" question of how far down the stream of consequences of breach a defendant's liability should extend. This choice would improve the Law because (a) it promotes clarity and avoids ambiguity; (b) it promotes the clear identification of normative issues and provides a more transparent distribution of issues between "causation" and other analytical elements within legal analysis; and (c) it best serves the Law's very wide range of purposes. Part 1 of this article sets out the above argument. Part II sketches the approach of others to the issue of "causation in the Law" including the approaches of the legal realist Leon Green, the linguistic analysts Hart and Honore, the corrective justice theorist Michael Moore, the legal economist Guido Calabresi and the "new realist" Richard Wright. (shrink)