Can judging that an agent blamelessly broke a rule lead us to claim, paradoxically, that no rule was broken at all? Surprisingly, it can. Across seven experiments, we document and explain the phenomenon of excuse validation. We found when an agent blamelessly breaks a rule, it significantly distorts people’s description of the agent’s conduct. Roughly half of people deny that a rule was broken. The results suggest that people engage in excuse validation in order to avoid indirectly blaming others for (...) blameless transgressions. Excuse validation has implications for recent debates in normative ethics, epistemology and the philosophy of language. These debates have featured thought experiments perfectly designed to trigger excuse validation, inhibiting progress in these areas. (shrink)

: To what extent do moral judgments depend on conscious reasoning from explicitly understood principles? We address this question by investigating one particular moral principle, the principle of the double effect. Using web-based technology, we collected a large data set on individuals’ responses to a series of moral dilemmas, asking when harm to innocent others is permissible. Each moral dilemma presented a choice between action and inaction, both resulting in lives saved and lives lost. Results showed that: patterns of moral (...) judgments were consistent with the principle of double effect and showed little variation across differences in gender, age, educational level, ethnicity, religion or national affiliation and a majority of subjects failed to provide justifications that could account for their judgments. These results indicate that the principle of the double effect may be operative in our moral judgments but not open to conscious introspection. We discuss these results in light of current psychological theories of moral cognition, emphasizing the need to consider the unconscious appraisal system that mentally represents the causal and intentional properties of human action. (shrink)

Assertion is fundamental to our lives as social and cognitive beings. Philosophers have recently built an impressive case that the norm of assertion is factive. That is, you should make an assertion only if it is true. Thus far the case for a factive norm of assertion been based on observational data. This paper adds experimental evidence in favor of a factive norm from six studies. In these studies, an assertion’s truth value dramatically affects whether people think it should be (...) made. Whereas nearly everyone agreed that a true assertion supported by good evidence should be made, most people judged that a false assertion supported by good evidence should not be made. The studies also suggest that people are consciously aware of criteria that guide their evaluation of assertions. Evidence is also presented that some intuitive support for a non-factive norm of assertion comes from a surprising tendency people have to misdescribe cases of blameless rule-breaking as cases where no rule is broken. (shrink)

Humans are unique in the animal world in the extent to which their day-to-day behavior is governed by a complex set of rules and principles commonly called norms. Norms delimit the bounds of proper behavior in a host of domains, providing an invisible web of normative structure embracing virtually all aspects of social life. People also find many norms to be deeply meaningful. Norms give rise to powerful subjective feelings that, in the view of many, are an important part of (...) what it is to be a human agent. Despite the vital role of norms in human lives and human behavior, and the central role they play in explanations in the social sciences, there has been very little systematic attention devoted to norms in cognitive science. Much existing research is partial and piecemeal, making it difficult to know how individual findings cohere into a comprehensive picture. Our goal in this essay is to offer an account of the psychological mechanisms and processes underlying norms that integrates what is known and can serve as a framework for future research. (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?

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 (...) of an agent to a harmful consequence. Also, selectively for judgments of punishment and blame, people who attempt but fail to cause harm more are judged more leniently if the harm occurs by independent means than if the harm does not occur at all. An account of these phenomena is proposed that distinguishes two processes of moral judgment: one which begins with harmful consequences and seeks a causally responsible agent, and the other which begins with an action and analyzes the mental states responsible for that action. Ó 2008 Elsevier B.V. All rights reserved. (shrink)

Researchers from across the social sciences have found consistent deviations from the predictions of the canonical model of self-interest in hundreds of experiments from around the world. This research, however, cannot determine whether the uniformity results from universal patterns of human behavior or from the limited cultural variation available among the university students used in virtually all prior experimental work. To address this, we undertook a cross-cultural study of behavior in ultimatum, public goods, and dictator games in a range of (...) small-scale societies exhibiting a wide variety of economic and cultural conditions. We found, first, that the canonical model – based on self-interest – fails in all of the societies studied. Second, our data reveal substantially more behavioral variability across social groups than has been found in previous research. Third, group-level differences in economic organization and the structure of social interactions explain a substantial portion of the behavioral variation across societies: the higher the degree of market integration and the higher the payoffs to cooperation in everyday life, the greater the level of prosociality expressed in experimental games. Fourth, the available individual-level economic and demographic variables do not consistently explain game behavior, either within or across groups. Fifth, in many cases experimental play appears to reflect the common interactional patterns of everyday life. Key Words: altruism; cooperation; cross-cultural research; experimental economics; game theory; ultimatum game; public goods game; self-interest. (shrink)

Evolutionary theories of morality, beginning with Darwin, have focused on explanations for altruism. More generally, these accounts have concentrated on conscience to the neglect of condemnation. As a result, few theoretical tools are available for understanding the rapidly accumulating data surrounding third-party judgment and punishment. Here we consider the strategic interactions among actors, victims, and third-parties to help illuminate condemnation. We argue that basic differences between the adaptive problems faced by actors and third-parties indicate that actor conscience and third-party condemnation (...) are likely performed by different cognitive mechanisms. Further, we argue that current theories of conscience do not easily explain its experimentally demonstrated insensitivity to consequences. However, these results might be explicable if conscience functions, in part, as a defense system for avoiding third-party punishment. If conscience serves defensive functions, then its computational structure should be closely tailored to the details of condemnation mechanisms. This possibility underscores the need for a better understanding of condemnation, which is important not only in itself but also for explaining the nature of conscience. We outline three evolutionary mysteries of condemnation that require further attention: third-party judgment, moralistic punishment, and moral impartiality. (shrink)

To what extent do moral judgments depend on conscious reasoning from explicitly understood principles? We address this question by investigating one particular moral principle, the principle of the double effect. Using web-based technology, we collected a large data set on individuals' responses to a series of moral dilemmas, asking when harm to innocent others is permissible. Each moral dilemma presented a choice between action and inaction, both resulting in lives saved and lives lost. Results showed that: (1) patterns of moral (...) judgments were consistent with the principle of double effect and showed little variation across differences in gender, age, educational level, ethnicity, religion or national affiliation (within the limited range of our sample population) and (2) a majority of subjects failed to provide justifications that could account for their judgments. These results indicate that the principle of the double effect may be operative in our moral judgments but not open to conscious introspection. We discuss these results in light of current psychological theories of moral cognition, emphasizing the need to consider the unconscious appraisal system that mentally represents the causal and intentional properties of human action. (shrink)

The article explains a rule-Utilitarian normative thesis about when actions are morally excused; that an act otherwise morally objectionable in some way is excused if a moral system, The acceptance of which in the agent's society would be utility-Maximizing, Would not condemn it. What is meant by a "moral system condemning" an action is explained. The parallel between this moral thesis and the benthamite theory of criminal justice is developed. It is argued that this rule-Utilitarian thesis implies that an action (...) is morally excused (not blameworthy) if it does not manifest a defective trait of character. (shrink)

Belief-state ascription — determining what someone “knew,” “believed,” was “aware of,” etc. — is central to many areas of law. In criminal law, the distinction between knowledge and recklessness, and the use of broad jury instructions concerning other belief states, presupposes a common and stable understanding of what those belief-state terms mean. But a wealth of empirical work at the intersection of philosophy and psychology — falling under the banner of “Experimental Epistemology” — reveals how laypeople’s understandings of mens rea (...) concepts differ systematically from what scholars, courts, and perhaps legislators, have assumed. -/- As implemented, mens rea concepts are much more context-dependent and normatively evaluative than the conventional wisdom suggests, even assuming that jurors are following jury instructions to the letter. As a result, there is less difference between knowledge and recklessness than is typically assumed; jurors consistently “over”-ascribe knowledge to criminal defendants; and concepts like “belief,” “awareness,” and “conscious disregard” mean different things in different contexts, resulting in mens rea findings systematically responsive to aspects of the case traditionally considered irrelevant to the meaning of those terms. -/- This Article provides the first systematic account of the factors driving jurors’ ascriptions of the specific belief states criminal law invokes. After surveying mens rea jury instructions, introducing the Experimental Epistemology literature to the legal literature on mens rea, and examining the implications of that literature for criminal law, this Article considers ways to begin bridging the surprisingly large gap between mens rea theory and practice. (shrink)

This is an important work for those studying the concept of utilitarianism, or those who are interested in the writings of John Stuart Mill.