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Causation and the Silly Norm Effect

In Stefan Magen & Karolina Prochownik (eds.), Advances in Experimental Philosophy of Law. New York, NY: Bloomsbury Academic. pp. 133–168 (2023)

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  1. How prescriptive norms influence causal inferences.Jana Samland & Michael R. Waldmann - 2016 - Cognition 156 (C):164-176.
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  • Normality and actual causal strength.Thomas F. Icard, Jonathan F. Kominsky & Joshua Knobe - 2017 - Cognition 161 (C):80-93.
    Existing research suggests that people's judgments of actual causation can be influenced by the degree to which they regard certain events as normal. We develop an explanation for this phenomenon that draws on standard tools from the literature on graphical causal models and, in particular, on the idea of probabilistic sampling. Using these tools, we propose a new measure of actual causal strength. This measure accurately captures three effects of normality on causal judgment that have been observed in existing studies. (...)
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  • Folk intuitions of Actual Causation: A Two-Pronged Debunking Explanation.David Rose - 2017 - Philosophical Studies 174 (5):1323-1361.
    How do we determine whether some candidate causal factor is an actual cause of some particular outcome? Many philosophers have wanted a view of actual causation which fits with folk intuitions of actual causation and those who wish to depart from folk intuitions of actual causation are often charged with the task of providing a plausible account of just how and where the folk have gone wrong. In this paper, I provide a range of empirical evidence aimed at showing just (...)
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  • (1 other version)Following the FAD: Folk Attributions and Theories of Actual Causation.Jonathan Livengood, Justin Sytsma & David Rose - 2017 - Review of Philosophy and Psychology 8 (2):273-294.
    In the last decade, several researchers have proposed theories of actual causation that make use of structural equations and directed graphs. Many of these researchers are committed to a widely-endorsed folk attribution desideratum, according to which an important constraint on the acceptability of a theory of actual causation is agreement between the deliverances of the theory with respect to specific cases and the reports of untutored individuals about those same cases. In the present article, we consider a small collection of (...)
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  • Norm theory: Comparing reality to its alternatives.Daniel Kahneman & Dale T. Miller - 1986 - Psychological Review 93 (2):136-153.
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  • Causation in the Law.Herbert Lionel Adolphus Hart & Tony Honoré - 1959 - Oxford University Press UK.
    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.
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  • Two types of typicality: Rethinking the role of statistical typicality in ordinary causal attributions.Justin Sytsma, Jonathan Livengood & David Rose - 2012 - Studies in History and Philosophy of Science Part C: Studies in History and Philosophy of Biological and Biomedical Sciences 43 (4):814-820.
    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 (...)
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  • Intentional action and side effects in ordinary language.J. Knobe - 2003 - Analysis 63 (3):190-194.
    There has been a long-standing dispute in the philosophical literature about the conditions under which a behavior counts as 'intentional.' Much of the debate turns on questions about the use of certain words and phrases in ordinary language. The present paper investigates these questions empirically, using experimental techniques to investigate people's use of the relevant words and phrases. g.
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  • Causal superseding.Jonathan F. Kominsky, Jonathan Phillips, Tobias Gerstenberg, David Lagnado & Joshua Knobe - 2015 - Cognition 137 (C):196-209.
    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 (...)
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  • Highlighting the Causal Meaning of Causal Test Questions in Contexts of Norm Violations.Jana Samland & Michael Waldmann - forthcoming - Proceedings of the Cognitive Science Society.
    Experiments have shown that prescriptive norms often influence causal inferences. The reason for this effect is still not clear. One problem of the studies is that the term ‘cause’ in the test questions is ambiguous and can refer to both the causal mechanism and the agent’s accountability. Possibly subjects interpreted the causal test question as a request to assess accountability rather than causality. Scenarios that put more stress on the causal mechanism should therefore yield no norm effect. Consequently, Experiment 1 (...)
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  • Causal Responsibility and Counterfactuals.David A. Lagnado, Tobias Gerstenberg & Ro'I. Zultan - 2013 - Cognitive Science 37 (6):1036-1073.
    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 (...)
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  • Graded Causation and Defaults.Joseph Y. Halpern & Christopher Hitchcock - 2015 - British Journal for the Philosophy of Science 66 (2):413-457.
    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 (...)
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  • (1 other version)Following the FAD: Folk Attributions and Theories of Actual Causation.Jonathan Livengood, Justin Sytsma & David Rose - 2016
    Using structural equations and directed graphs, Christopher Hitchcock (2007a) proposes a theory specifying the circumstances in which counterfactual dependence of one event e on another event c is necessary and sufficient for c to count as an actual cause of e. In this paper, we argue that Hitchcock is committed to a widely-endorsed folk attribution desideratum (FAD) for theories of actual causation. We then show experimentally that Hitchcock’s theory does not satisfy the FAD, and hence, it is in need of (...)
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  • Blaming Badly.Mark Alicke - 2008 - Journal of Cognition and Culture 8 (1-2):179-186.
    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 (...)
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  • Causation, Norm violation, and culpable control.Mark D. Alicke, David Rose & Dori Bloom - 2011 - Journal of Philosophy 108 (12):670-696.
    Causation is one of philosophy's most venerable and thoroughly-analyzed concepts. However, the study of how ordinary people make causal judgments is a much more recent addition to the philosophical arsenal. One of the most prominent views of causal explanation, especially in the realm of harmful or potentially harmful behavior, is that unusual or counternormative events are accorded privileged status in ordinary causal explanations. This is a fundamental assumption in psychological theories of counterfactual reasoning, and has been transported to philosophy by (...)
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  • Individualizing the Reasonable Person in Criminal Law.Peter Westen - 2008 - Criminal Law and Philosophy 2 (2):137-162.
    Criminal law commonly requires judges and juries to decide whether defendants acted reasonably. Nevertheless, issues of reasonableness fall into two distinct categories: (1) where reasonableness concerns events and states, including risks of which an actor is conscious, that can be justly assessed without regard to the actor’s individual traits, and (2) where reasonableness concerns culpable mental states and emotions that cannot justly be assessed without reference to the actor’s capacities. This distinction is significant because, while the reasonable person by which (...)
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  • Cause and Norm.Christopher Hitchcock & Joshua Knobe - 2009 - Journal of Philosophy 106 (11):587-612.
    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 (...)
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  • (1 other version)American legal realism.Brian Leiter - 2004 - In Martin P. Golding & William A. Edmundson (eds.), The Blackwell Guide to the Philosophy of Law and Legal Theory. Malden, MA: Wiley-Blackwell. pp. 50–66.
    This chapter contains section titled: Introduction Legal Indeterminacy The Core Claim of American Legal Realism Two Branches of Realism Naturalized Jurisprudence? How Should Judges Decide Cases? Legacy of Legal Realism I: Legal Education and Scholarship in the United States Legacy of Legal Realism II: Legal Theory References Further Reading.
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  • (1 other version)Crime and punishment: Distinguishing the roles of causal and intentional analyses in moral judgment.Fiery Cushman - 2008 - Cognition 108 (2):353-380.
    Recent research in moral psychology has attempted to characterize patterns of moral judgments of actions in terms of the causal and intentional properties of those actions. The present study directly compares the roles of consequence, causation, belief and desire in determining moral judgments. Judgments of the wrongness or permissibility of action were found to rely principally on the mental states of an agent, while judgments of blame and punishment are found to rely jointly on mental states and the causal connection (...)
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  • Causal judgment and moral judgment: Two experiments.Joshua Knobe & Ben Fraser - 2008 - In Walter Sinnott-Armstrong (ed.), Moral Psychology, 3 Vols. MIT Press.
    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 (...)
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  • The Knobe effect: A brief overview.Adam Feltz - 2007 - Journal of Mind and Behavior 28 (3-4):265-277.
    Joshua Knobe (2003a) has discovered that the perceived goodness or badness of side effects of actions influences people's ascriptions of intentionality to those side effects. I present the paradigmatic cases that elicit what has been called the Knobe effect and offer some explanations of the Knobe effect. I put these explanations into two broad groups. One explains the Knobe effect by referring to our concept of intentional action. The other explains the Knobe effect without referring to our concept of intentional (...)
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  • (1 other version)Bad acts, blameworthy agents, and intentional actions: Some problems for juror impartiality.Thomas Nadelhoffer - 2006 - Philosophical Explorations 9 (2):203 – 219.
    In this paper, I first review some of the recent empirical work on the biasing effect that moral considerations have on folk ascriptions of intentional action. Then, I use Mark Alicke's affective model of blame attribution to explain this biasing effect. Finally, I discuss the relevance of this research - both philosophical and psychological - to the problem of the partiality of jury deliberation. After all, if the immorality of an action does affect folk ascriptions of intentionality, and all serious (...)
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  • Legal Formalism, Legal Realism, and the Interpretation of Statutes and the Constitution.Richard Posner - 1986 - Case Western Reserve Law Review 37 (2):179–217.
    A current focus of legal debate is the proper role of the courts in the interpretation of statutes and the Constitution. Are judges to look solely to the naked language of an enactment, then logically deduce its application in simple syllogistic fashion, as legal formalists had purported to do? Or may the inquiry into meaning be informed by perhaps unbridled and unaccountable judicial notions of public policy, using legal realism to best promote the general welfare? Judge Posner considers the concepts (...)
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  • Experimental Jurisprudence.Kevin Tobia - 2022 - University of Chicago Law Review 89:735-802.
    “Experimental jurisprudence” draws on empirical data to inform questions typically associated with jurisprudence or legal theory. Scholars in this flourishing movement conduct empirical studies about a variety of legal language and concepts. Despite the movement’s growth, its justification is still opaque. Jurisprudence is the study of deep and longstanding theoretical questions about law’s nature, but “experimental jurisprudence,” it might seem, simply surveys laypeople. This Article elaborates and defends experimental jurisprudence. Experimental jurisprudence, appropriately understood, is not only consistent with traditional jurisprudence; (...)
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  • (1 other version)Counterfactual thinking and recency effects in causal judgment.Paul Henne, Aleksandra Kulesza, Karla Perez & Augustana Houcek - 2021 - Cognition 212 (C):104708.
    People tend to judge more recent events, relative to earlier ones, as the cause of some particular outcome. For instance, people are more inclined to judge that the last basket, rather than the first, caused the team to win the basketball game. This recency effect, however, reverses in cases of overdetermination: people judge that earlier events, rather than more recent ones, caused the outcome when the event is individually sufficient but not individually necessary for the outcome. In five experiments (N (...)
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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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  • Formalism.Frederick Schauer - 1988 - Yale Law Journal 97 (4):509-548.
    Legal decisions and theories are frequently condemned as formalistic, yet little discussion has occurred regarding exactly what the term "'formalism" means. In this Article, Professor Schauer examines divergent uses of the term to elucidate its descriptive content. Conceptions offormalism, he argues, involve the notion that rules constrict the choice of the decisionmaker. Our aversion to formalism stems from denial that the language of rules either can or should constrict choice in this way. Yet Professor Schauer argues that this aversion to (...)
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  • Recent empirical work on the relationship between causal judgements and norms.Pascale Https://Orcidorg Willemsen & Lara Kirfel - 2019 - Philosophy Compass 14 (1):e12562.
    It has recently been argued that normative considerations play an important role in causal cognition. For instance, when an agent violates a moral rule and thereby produces a negative outcome, she will be judged to be much more of a cause of the outcome, compared to someone who performed the same action but did not violate a norm. While there is a substantial amount of evidence reporting these effects, it is still a matter of debate how this evidence is to (...)
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  • No luck for moral luck.Markus Kneer & Edouard Machery - 2019 - Cognition 182 (C):331-348.
    Moral philosophers and psychologists often assume that people judge morally lucky and morally unlucky agents differently, an assumption that stands at the heart of the Puzzle of Moral Luck. We examine whether the asymmetry is found for reflective intuitions regarding wrongness, blame, permissibility, and punishment judg- ments, whether people’s concrete, case-based judgments align with their explicit, abstract principles regarding moral luck, and what psychological mechanisms might drive the effect. Our experiments produce three findings: First, in within-subjects experiments favorable to reflective (...)
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  • Toward a Theory of Reasonableness.Michele Mangini - 2018 - Ratio Juris 31 (2):208-230.
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  • The many faces of the reasonable person.John Gardner - unknown
    In this paper I attempt a general explanation of the role played by the reasonable person in law, especially but not only in the common law. I relate my explanation to some problems about the very nature of law, and some problems about the ideal of the rule of law.
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  • (1 other version)Causes and explanations: A structural-model approach.Judea Pearl - manuscript
    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 difficultiesn in the traditional account.
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  • Causal judgments about atypical actions are influenced by agents' epistemic states.Lara Kirfel & David Lagnado - 2021 - Cognition 212 (C):104721.
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  • Causation, Responsibility, and Typicality.Justin Sytsma - 2020 - Review of Philosophy and Psychology 12 (4):699-719.
    There is ample evidence that violations of injunctive norms impact ordinary causal attributions. This has struck some as deeply surprising, taking the ordinary concept of causation to be purely descriptive. Our explanation of the findings—the responsibility view—rejects this: we contend that the concept is in fact partly normative, being akin to concepts like responsibility and accountability. Based on this account, we predicted a very different pattern of results for causal attributions when an agent violates a statistical norm. And this pattern (...)
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  • How People Judge What Is Reasonable.Kevin P. Tobia - 2018 - Alabama Law Review 70 (2):293-359.
    A classic debate concerns whether reasonableness should be understood statistically (e.g., reasonableness is what is common) or prescriptively (e.g., reasonableness is what is good). This Article elaborates and defends a third possibility. Reasonableness is a partly statistical and partly prescriptive “hybrid,” reflecting both statistical and prescriptive considerations. Experiments reveal that people apply reasonableness as a hybrid concept, and the Article argues that a hybrid account offers the best general theory of reasonableness. -/- First, the Article investigates how ordinary people judge (...)
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  • Mens rea ascription, expertise and outcome effects: Professional judges surveyed.Markus Https://Orcidorg Kneer & Sacha Bourgeois-Gironde - 2017 - Cognition 169 (C):139-146.
    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 (...)
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  • Folk judgments of causation.Joshua Knobe - 2009 - Studies in History and Philosophy of Science Part A 40 (2):238-242.
    Experimental studies suggest that people’s ordinary causal judgments are affected not only by statistical considerations but also by moral considerations. One way to explain these results would be to construct a model according to which people are trying to make a purely statistical judgment but moral considerations somehow distort their intuitions. The present paper offers an alternative perspective. Specifically, the author proposes a model according to which the very same underlying mechanism accounts for the influence of both statistical and moral (...)
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  • Judgments of cause and blame: The effects of intentionality and foreseeability.David A. Lagnado & Shelley Channon - 2008 - Cognition 108 (3):754-770.
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  • Psychological studies of causal and counterfactual reasoning.James Woodward - 2011 - In Christoph Hoerl, Teresa McCormack & Sarah R. Beck (eds.), Understanding Counterfactuals, Understanding Causation: Issues in Philosophy and Psychology. Oxford:: Oxford University Press. pp. 16.
    Counterfactual theories of causation of the sort presented in Mackie, 1974, and Lewis, 1973 are a familiar part of the philosophical landscape. Such theories are typically advanced primarily as accounts of the metaphysics of causation. But they also raise empirical psychological issues concerning the processes and representations that underlie human causal reasoning. For example, do human subjects internally represent causal claims in terms of counterfactual judgments and when they engage in causal reasoning, does this involves reasoning about counterfactual claims? This (...)
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  • Dimensions of Negligence in Criminal and Tort Law.Kenneth W. Simons - 2002 - Theoretical Inquiries in Law 3 (2).
    This article explores different dimensions of the concept of negligence in the law. The first sections focus on the fundamental distinction between conduct negligence, a conception that dominates tort law; and cognitive negligence, a conception that is much more important in criminal law. The last major section identifies five significant institutional functions served by a legal negligence standard: expressing a legal norm in the form of a standard rather than a rule; personifying fault; empowering the trier of fact to give (...)
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  • (1 other version)Causation and Responsibility: An Essay in Law, Morals, and Metaphysics.Michael S. Moore - 2008 - Oxford University Press UK.
    The concept of causation is fundamental to ascribing moral and legal responsibility for events. Yet the precise relationship between causation and responsibility remains unclear. This book clarifies that relationship through an analysis of the best accounts of causation in metaphysics, and a critique of the confusion in legal doctrine. The result is a powerful argument in favour of reforming the moral and legal understanding of how and why we attribute responsibility to agents.
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  • [Book review] basic concepts of criminal law. [REVIEW]George P. Fletcher - 1999 - Criminal Justice Ethics 18 (2):58-67.
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