“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 (...) class='Hi'>jurisprudence, appropriately understood, is not only consistent with traditional jurisprudence; it is an essential branch of it. (shrink)

Legal concepts can sometimes be unclear, leading to disagreements concerning their contents and inconsistencies in their application. At other times, the legal application of a concept can be entirely clear, sharp, and free of confusions, yet conflict with the ways in which ordinary people or other relevant stakeholders think about the concept. The aim of this chapter is to investigate the role of experimental jurisprudence in articulating and, ultimately, dealing with competing conceptual inferences either within a specific domain (...) (e.g., legal practice) or between, for example, ordinary people and legal practitioners. Although this chapter affirms the widespread assumption that experimental jurisprudence cannot, in and of itself, tell us which concepts should be applied at law, it highlights some of the contributions that experimental jurisprudence can, in principle, make to normative projects that seek to prescribe, reform, or otherwise engineer legal concepts. Thus, there is more that experimental jurisprudence can normatively offer than has usually been claimed. (shrink)

Legal concepts can sometimes be unclear, leading to disagreements concerning their contents and inconsistencies in their application. At other times, the legal application of a concept can be entirely clear, sharp, and free of confusions, yet conflict with the ways in which ordinary people or other relevant stakeholders think about the concept. The aim of this chapter is to investigate the role of experimental jurisprudence in articulating and, ultimately, dealing with competing conceptual inferences either within a specific domain (...) (e.g., legal practice) or between, for example, ordinary people and legal practitioners. Although this chapter affirms the widespread assumption that experimental jurisprudence cannot, in and of itself, tell us which concepts should be applied at law, it highlights some of the contributions that experimental jurisprudence can, in principle, make to normative projects that seek to prescribe, reform, or otherwise engineer legal concepts. Thus, there is more that experimental jurisprudence can normatively offer than has usually been claimed. (shrink)

This chapter offers an overview of experimental legal philosophy with a special focus on questions in general jurisprudence, that part of legal philosophy that asks about the concept and nature of law. Much of the experimental general jurisprudence work has tended to follow the questions that have interested general jurisprudence scholars for decades, that is, questions about the relation between legal norms and moral norms. Wholesale criticism of experimental general jurisprudence is scant, but, (...) given existing debates about experimental philosophy generally, one can anticipate where disagreement is likely to occur. Outside of experimental general jurisprudence, there is plenty of vibrant discussion about how experimental results can enrich our understanding of various concepts that figure in everyday legal thought such as causation, intention, consent, or meaning. In the future, experimental legal philosophers should continue to consider the degree to which their project is purely descriptive or whether it is revisionary or pragmatic in its ambitions. Also, future work might consider whether to focus more attention on legal experts. (shrink)

There has been considerable debate in legal philosophy about how to attribute purposes to rules. Separately, within cognitive science, there has been a growing body of research concerned with questions about how people ordinarily attribute purposes. Here, we argue that these two separate fields might be connected by experimental jurisprudence. Across four studies, we find evidence for the claim that people use the same criteria to attribute purposes to physical objects and to rules. In both cases, purpose attributions (...) appear to be governed not so much by original intention or by moral value as by current practice. We argue that these findings in the cognitive science of purpose attribution have implications for jurisprudential questions involving purposivist legal interpretation. (shrink)

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 (...) what is reasonable. Reasonableness sits at the core of countless legal standards, yet little work has investigated how ordinary people (i.e., potential jurors) actually make reasonableness judgments. Experiments reveal that judgments of reasonableness are systematically intermediate between judgments of the relevant average and ideal across numerous legal domains. For example, participants’ mean judgment of the legally reasonable number of weeks’ delay before a criminal trial (ten weeks) falls between the judged average (seventeen weeks) and ideal (seven weeks). So too for the reasonable num- ber of days to accept a contract offer, the reasonable rate of attorneys’ fees, the reasonable loan interest rate, and the reasonable annual number of loud events on a football field in a residential neighborhood. Judgment of reasonableness is better predicted by both statistical and prescriptive factors than by either factor alone. -/- This Article uses this experimental discovery to develop a normative view of reasonableness. It elaborates an account of reasonableness as a hybrid standard, arguing that this view offers the best general theory of reasonableness, one that applies correctly across multiple legal domains. Moreover, this hybrid feature is the historical essence of legal reasonableness: the original use of the “reasonable person” and the “man on the Clapham omnibus” aimed to reflect both statistical and prescriptive considerations. Empirically, reasonableness is a hybrid judgment. And normatively, reasonableness should be applied as a hybrid standard. (shrink)

The experimental turn in philosophy has reached several sub-fields including ethics, epistemology, and metaphysics. This paper is among the first to apply experimental techniques to questions in the philosophy of law. Specifically, we examine Lon Fuller's procedural natural law theory. Fuller famously claimed that legal systems necessarily observe eight principles he called "the inner morality of law." We evaluate Fuller's claim by surveying both ordinary people and legal experts about their intuitions about legal systems. We conclude that, at (...) best, we should be skeptical of Fuller's inner morality of law in light of the experimental data. (shrink)

Despite pervasive variation in the content of laws, legal theorists and anthropologists have argued that laws share certain abstract features and even speculated that law may be a human universal. In the present report, we evaluate this thesis through an experiment administered in 11 different countries. Are there cross‐cultural principles of law? In a between‐subjects design, participants (N = 3,054) were asked whether there could be laws that violate certain procedural principles (e.g., laws applied retrospectively or unintelligible laws), and also (...) whether there are any such laws. Confirming our preregistered prediction, people reported that such laws cannot exist, but also (paradoxically) that there are such laws. These results document cross‐culturally and –linguistically robust beliefs about the concept of law which defy people's grasp of how legal systems function in practice. (shrink)

In discussing whether legal systems are necessarily coercive, legal philosophers usually appeal to thought experiments involving angels or other morally driven beings who need no coercion to organise their social lives. Such appeals have invited criticism. Critics have not only challenged the relevance of such thought experiments to our understanding of legal systems; they have also argued that, contrary to the intuitions of most legal philosophers, the ‘man on the Clapham Omnibus’ would not hold that there is law in a (...) society of angels because the view that law is necessarily coercive ‘enjoys widespread support among laypersons’. This is obviously an empirical claim. Critics, however, never systematically polled the ‘man on the Clapham Omnibus’. We boarded that bus. This article discusses findings from five empirical studies on the relationship between law and coercion. (shrink)

The reasonable person standard is key to both Criminal Law and Torts. What does and does not count as reasonable behavior and decision-making is frequently deter- mined by lay jurors. Hence, laypeople’s understanding of the term must be considered, especially whether they use it predominately in an evaluative fashion. In this corpus study based on supervised machine learning models, we investigate whether laypeople use the expression ‘reasonable’ mainly as a descriptive, an evaluative, or merely a value-associated term. We find that (...) ‘reasonable’ is predicted to be an evaluative term in the majority of cases. This supports prescriptive accounts, and challenges descriptive and hybrid accounts of the term—at least given the way we operationalize the latter. Interestingly, other expressions often used interchangeably in jury instructions (e.g. ‘careful,’ ‘ordinary,’ ‘prudent,’ etc), however, are predicted to be descriptive. This indicates a discrepancy between the intended use of the term ‘reasonable’ and the understanding lay jurors might bring into the court room. (shrink)

The current work investigated the extent to which children (N=171 6- to 8-year-olds) and adults (N = 94) view punishment as redemptive. In Study 1, children—but not adults—reported that “mean” individuals became “nicer” after one severe form of punishment (incarceration). Moreover, adults expected “nice” individuals’ moral character to worsen following punishment; however, we did not find that children expected such a change. Study 2 extended these findings by showing that children view “mean” individuals as becoming “nicer” following both severe (incarceration) (...) and relatively minor (time-out) punishments, suggesting that the pattern of results from Study 1 generalizes across punishment types. Together, these studies indicate that chil- dren—but not adults—may view punishment as a vehicle for redemption. (shrink)

Experimental Philosophy (X-Phi) is now a fully-fledged methodological project with applications in almost all areas of analytic philosophy, including, as of recently, aesthetics. Another methodological project which has been attracting attention in the last few years is conceptual engineering (CE). Its areas of implementation are now diverse, but as was the case initially with experimental philosophy, aesthetics has unfortunately been left out (or perhaps aestheticians have failed to pay attention to CE) until now. In this paper, I argue (...) that if conceptual engineers are interested in expanding their project to the field of aesthetics, which would greatly benefit the field, then they should rely on the existing experimental work of aestheticians. Experimental philosophers have only recently started to join forces with conceptual engineers in various fields, as well as to explore the methodological implications of such an alliance. This paper goes a step further by not only arguing that CE has potential in aesthetics, but that the way to realize this potential is to piggyback, so to speak, on the work of experimental aestheticians. In other words, instead of building a CE project in aesthetics from the ground up, this paper describes the support that CE can and should derive from current experimental aesthetics, thereby making the former’s development more efficiently realizable. Furthermore, I argue that doing so would also be beneficial to experimental aesthetics. Currently, the integration of X-Phi to the wider field of aesthetics is losing ground because certain objections—notably, the objection that X-Phi cannot be of relevance to normative questions—have not been properly refuted. By pairing up with a normative programme like CE, though, experimental aestheticians should finally be able to put these objections to rest. (shrink)

Experimental balance is usually understood as the control for the value of the conditions, other than the one under study, which are liable to affect the result of a test. We will discuss three different approaches to balance. ‘Millean balance’ requires to identify and equalize ex ante the value of these conditions in order to conduct solid causal inferences. ‘Fisherian balance’ measures ex post the influence of uncontrolled conditions through the analysis of variance. In ‘efficiency balance’ the value of (...) the antecedent conditions is decided ex ante according to the efficiency they yield in the estimation of the treatment outcome. Against some old arguments by John Worrall, we will show that in both Fisherian and efficiency balance there are good reasons to randomize the allocation of treatments, in particular when there is no agreement among experimenters as to the antecedent conditions to be controlled for. (shrink)

African jurisprudence, like African philosophy, continues to be hotly debated. This article contends that the debate straddles the uniqueness claim which either emphasises the existence or possibility of a peculiar legal framework on the continent, and a historical co-extensional position reiterating that African jurisprudence is a continuum of other legal traditions. The article argues that there is no uniquely African jurisprudence, and that what obtains within the structures of jurisprudence on the continent also exists within various (...) legal traditions elsewhere, and as such can at best be described as ‘jurisprudence in Africa’ rather than ‘African jurisprudence’. It defends this thesis through analytic and comparative explications of the content of natural law theory and legal positivism as experienced on the continent. It concedes that relics of the colonial legal experience create contestations that inform scholars’ calls for a return to traditional legal systems. It concludes that a reconstructive jurisprudence in Africa must take cognisance of the continent’s historical and evolutionary legal experiences, but that a unified or monolithic theory may not be sufficient to address the choice of functional jurisprudence. Keywords African jurisprudence, jurisprudence in Africa, African legal evolution, diffused legal theories. (shrink)

The debate over whether free will and determinism are compatible is controversial, and produces wide scholarly discussion. This paper argues that recent studies in experimental philosophy suggest that people are in fact “natural compatibilists”. To support this claim, it surveys the experimental literature bearing directly or indirectly upon this issue, before pointing to three possible limitations of this claim. However, notwithstanding these limitations, the investigation concludes that the existing empirical evidence seems to support the view that most people (...) have compatibilist intuitions. (shrink)

Experimental philosophy offers an alternative mode of engagement for public philosophy, in which the public can play a participatory role. We organized two public events on the aesthetics of coffee that explored this alternative mode of engagement. The first event focuses on issues surrounding the communication of taste. The second event focuses on issues concerning ethical influences on taste. -/- In this paper, we report back on these two events which explored the possibility of doing experimental philosophical aesthetics (...) as public philosophy. We set the stage by considering the significance and current state of efforts in public philosophy, and by introducing the emerging sub-discipline of experimental philosophical aesthetics. Then, we discuss the research and outreach aspects of the two events on the aesthetics of coffee. Finally, we conclude by reflecting on the prospects and potential pitfalls of experimental philosophy as public philosophy. (shrink)

If one had to identify the biggest change within the philosophical tradition in the twenty-first century, it would certainly be the rapid rise of experimental philosophy to address differences in intuitions about concepts. It is, therefore, surprising that the philosophy of medicine has so far not drawn on the tools of experimental philosophy in the context of a particular conceptual debate that has overshadowed all others in the field: the long-standing dispute between so-called naturalists and normativists about the (...) concepts of health and disease. In this paper, I defend and advocate the use of empirical methods to inform and advance this and other debates within the philosophy of medicine. (shrink)

This paper explores an emerging sub-field of both empirical bioethics and experimental philosophy, which has been called “experimental philosophical bioethics” (bioxphi). As an empirical discipline, bioxphi adopts the methods of experimental moral psychology and cognitive science; it does so to make sense of the eliciting factors and underlying cognitive processes that shape people’s moral judgments, particularly about real-world matters of bioethical concern. Yet, as a normative discipline situated within the broader field of bioethics, it also aims to (...) contribute to substantive ethical questions about what should be done in a given context. What are some of the ways in which this aim has been pursued? In this paper, we employ a case study approach to examine and critically evaluate four strategies from the recent literature by which scholars in bioxphi have leveraged empirical data in the service of normative arguments. (shrink)

Experimental philosophy is a relatively recent discipline that employs experimental methods to investigate the intuitions, concepts, and assumptions behind traditional philosophical arguments, problems, and theories. While experimental philosophy initially served to interrogate the role that intuitions play in philosophy, it has since branched out to bring empirical methods to bear on problems within a variety of traditional areas of philosophy—including metaphysics, philosophy of language, philosophy of mind, and epistemology. To date, no connection has been made between developments (...) in experimental philosophy and philosophy of technology. In this paper, I develop and defend a research program for an experimental philosophy of technology. (shrink)

This chapter reviews some faults of the theoretical literature and findings from the experimental literature on “Gettier” cases. Some “Gettier” cases are so poorly constructed that they are unsuitable for serious study. Some longstanding assumptions about how people tend to judge “Gettier” cases are false. Some “Gettier” cases are judged similarly to paradigmatic ignorance, whereas others are judged similarly to paradigmatic knowledge, rendering it a theoretically useless category. Experimental procedures can affect how people judge “Gettier” cases. Some important (...) central tendencies in judging “Gettier” cases appear to be robust against demographic variation in biological sex, age, language, and culture, although there could be some interesting differences related to culture and personality traits. Some remaining questions regarding Gettier’s cases, “Gettier” cases, and “the Gettier problem” concern the psychology and sociology of contemporary anglophone theoretical epistemology. Some remaining questions regarding the empirical study of knowledge judgments concern mechanisms underlying observed behavioral patterns. (shrink)

In the past decade, experimental philosophy---the attempt at making progress on philosophical problems using empirical methods---has thrived in a wide range of domains. However, only in recent years has aesthetics succeeded in drawing the attention of experimental philosophers. The present paper constitutes the first survey of these works and of the nascent field of 'experimental philosophy of aesthetics'. We present both recent experimental works by philosophers on topics such as the ontology of aesthetics, aesthetic epistemology, aesthetic (...) concepts, and imagination, as well as research from other disciplines that not only are relevant to philosophy of aesthetics but also open new avenues of research for experimental philosophy of aesthetics. Overall, we conclude that the birth of an experimental philosophy of aesthetics is good news not only for aesthetics but also for experimental philosophy itself, as it contributes to broaden the scope of experimental philosophy. (shrink)

Today, experimental philosophers challenge traditional appeals to intuition; they empirically collect folk intuitions and then use their findings to attack philosophers' intuitions. However this movement is not uniform. Radical experimentalists criticize the use of intuitions in philosophy altogether and they have been mostly attacked. Contrariwise, moderate experimentalists imply that laypersons' intuitions are somehow relevant to philosophical problems. Sometimes they even use folk intuitions in order to advance theoretical theses. In this paper I will try to challenge the so-called moderate (...) experimental attempts to rely on intuition in order to promote philosophical theses. Hoy en día, los filósofos experimentales ponen en duda la tradición de apelar a la intuición; coleccionan intuiciones empíricas populares y después utilizan sus descubrimientos para atacar las intuiciones de los filósofos. Sin embargo, esta estrategia no es uniforme. Los experimentalistas radicales critican cualquier uso de intuiciones en filosofía y han sido objeto de los mayores ataques. A diferencia de ellos, los experimentalistas moderados sugieren que las intuiciones del vulgo son de alguna manera pertinentes en los problemas filosóficos. Algunas veces incluso usan intuiciones populares para defender tesis teóricas. En este trabajo pretendo poner en duda los intentos de los llamados experimentalistas moderados de apelar a intuiciones para promover tesis filosóficas. (shrink)

Experimental philosophy’s much-discussed ‘restrictionist’ program seeks to delineate the extent to which philosophers may legitimately rely on intuitions about possible cases. The present paper shows that this program can be (i) put to the service of diagnostic problem-resolution (in the wake of J.L. Austin) and (ii) pursued by constructing and experimentally testing psycholinguistic explanations of intuitions which expose their lack of evidentiary value: The paper develops a psycholinguistic explanation of paradoxical intuitions that are prompted by verbal case-descriptions, and presents (...) two experiments that support the explanation. This debunking explanation helps resolve philosophical paradoxes about perception (known as ‘arguments from hallucination’). (shrink)

Experimental design is one aspect of a scientific method. A well-designed, properly conducted experiment aims to control variables in order to isolate and manipulate causal effects and thereby maximize internal validity, support causal inferences, and guarantee reliable results. Traditionally employed in the natural sciences, experimental design has become an important part of research in the social and behavioral sciences. Experimental methods are also endorsed as the most reliable guides to policy effectiveness. Through a discussion of some of (...) the central concepts associated with experimental design, including controlled variation and randomization, this chapter will provide a summary of key ethical issues that tend to arise in experimental contexts. In addition, by exploring assumptions about the nature of causation and by analyzing features of causal relationships, systems, and inferences in social contexts, this chapter will summarize the ways in which experimental design can undermine the integrity of not only social and behavioral research but policies implemented on the basis of such research. (shrink)

Experimental philosophy of language uses experimental methods developed in the cognitive sciences to investigate topics of interest to philosophers of language. This article describes the methodological background for the development of experimental approaches to topics in philosophy of language, distinguishes negative and positive projects in experimental philosophy of language, and evaluates experimental work on the reference of proper names and natural kind terms. The reliability of expert judgments vs. the judgments of ordinary speakers, the role (...) that ambiguity plays in influencing responses to experiments, and the reliability of metalinguistic judgments are also assessed. (shrink)

Humans often attribute the things that happen to one or another actual cause. In this chapter, we survey some recent philosophical and psychological research on causal attribution. We pay special attention to the relation between graphical causal modeling and theories of causal attribution. We think that the study of causal attribution is one place where formal and experimental techniques nicely complement one another.

It is possible and thereby feasible to develop and implement a pragmatic methodology for a preemptive evidentiary system of ‘Paraphysical Jurisprudence’ for mediating the occurrence of massacres. A required comprehensive completion and formalizing of the tools of epistemology (theory of knowledge) already exists and has been tested both ecumenically and scientifically. The evolution of epistemology has followed the historical progression from myth and superstition to logic and reason to empiricism and now finally to the utility of ‘transcendence’ as a (...) tool in knowledge acquisition. An inspiring example from popular culture is illustrated in the 2002 Hollywood film noir “Minority Report” designed by its director to present a ‘plausible future world’ for the year 2054 wherein an elaborate ‘Precrime Unit’ is tested to prevent murder by utilizing a trio of ‘precogs’ bathed in a ‘photonic milk’ able to presciently predetermine impending occurrences of homicide for which the Precrime Police Unit then intervenes to prevent. Disdain for a putative so-called scientific metaphysics by natural philosophers is deeply rooted in modern pragmatic societies; perhaps rightly so as consistency, credibility and lack of a comprehensive theory has been heretofore emphatically lacking. In addition to the major problem of repeatability is the perceived distinction between domains of the physical and so-called ‘spiritual’ as mutually exclusive. In this work a strong case is made for the rigorous viability and near term putative implementation of a system of paraphysical jurisprudence drawing on the utility of a panoply of concepts. The remaining question is when does feasible become practical in the face of a steady increase in the heinous massacre of innocents? (shrink)

This paper provides new tools for philosophical argument analysis and fresh empirical foundations for ‘critical’ ordinary language philosophy. Language comprehension routinely involves stereotypical inferences with contextual defeaters. J.L. Austin’s Sense and Sensibilia first mooted the idea that contextually inappropriate stereotypical inferences from verbal case-descriptions drive some philosophical paradoxes; these engender philosophical problems that can be resolved by exposing the underlying fallacies. We build on psycholinguistic research on salience effects to explain when and why even perfectly competent speakers cannot help making (...) stereotypical inferences which are contextually inappropriate. We analyse a classical paradox about perception, suggest it relies on contextually inappropriate stereotypical inferences from appearance-verbs, and show that the conditions we identified as leading to contextually inappropriate stereotypical inferences are met in formulations of the paradox. Three experiments use a forced-choice plausibility-ranking task to document the predicted inappropriate inferences, in English, German, and Japanese. The cross-linguistic study allows us to assess the wider relevance of the proposed analysis. Our findings open up new perspectives for ‘evidential’ experimental philosophy. (shrink)

One of the more visible recent developments in philosophical methodology is the experimental philosophy movement. On its surface, the experimentalist challenge looks like a dramatic threat to the apriority of philosophy; ‘experimentalist’ is nearly antonymic with ‘aprioristic’. This appearance, I suggest, is misleading; the experimentalist critique is entirely unrelated to questions about the apriority of philosophical investigation. There are many reasons to resist the skeptical conclusions of negative experimental philosophers; but even if they are granted—even if the experimentalists (...) are right to claim that we must do much more careful laboratory work in order legitimately to be confident in our philosophical judgments— the apriority of philosophy is unimpugned. The kinds of scientific investigation that experimental philosophers argue to be necessary involve merely enabling sensory experiences. Although they are not enabling in the sense of permitting concept acquisition, they are enabling in another epistemically significant way that is also consistent with the apriority of philosophy. (shrink)

Drawing upon Martha Fineman’s vulnerability theory, the paper argues that the legal claims of homeless appellants before and during the COVID-19 pandemic illustrate our universal vulnerability which stems from the essential, life-sustaining activities flowing from the ontological status of the human body. By recognizing that housing availability has constitutional significance because it provides for life-sustaining activities such as sleeping, eating and lying down, I argue that the legal rationale reviewed in the paper underscores the empirical, ontological reality of the body (...) as the basis for a jurisprudence of universal vulnerability. By tracing the constitutional basis of this jurisprudence from Right to Travel to Eighth Amendment grounds during COVID-19, the paper outlines a distinct legal paradigm for understanding vulnerability in its universal, constant and essential form – one of the central premises of vulnerability theory. (shrink)

Formal epistemology is just what it sounds like: epistemology done with formal tools. Coinciding with the general rise in popularity of experimental philosophy, formal epistemologists have begun to apply experimental methods in their own work. In this entry, I survey some of the work at the intersection of formal and experimental epistemology. I show that experimental methods have unique roles to play when epistemology is done formally, and I highlight some ways in which results from formal (...) epistemology have been used fruitfully to advance epistemically-relevant experimental work. The upshot of this brief, incomplete survey is that formal and experimental methods often constitute mutually informative means to epistemological ends. (shrink)

Experimental philosophy involves subjecting philosophical methods and judgments to empirical scrutiny. I begin by exploring conceptual, confirmational, and empirical factors that limit the significance of experiment-based and survey-based approaches to the evaluation of philosophical epistemic activities. I then consider specific criticisms of experimental philosophy: its experimental conditions lack ecological validity; it wrongly assumes that philosophers rely on psychologized data; it overlooks the reflective and social elements of philosophical case analysis; it misconstrues the importance of both procedural and (...) evaluative forms of philosophical expertise; it incorrectly views psychological bias as incompatible with reliability; and it generalizes to a global, self-defeating skepticism about case judgment. I explain why these criticisms should be understood as converging and interdependent. I also set out a three-level model of philosophical case judgment that frames the criticisms. (shrink)

In experimental settings, scientists often “make” new things, in which case the aim is to intervene in order to produce experimental objects and processes—characterized as ‘effects’. In this discussion, I illuminate an important performative function in measurement and experimentation in general: intervention-based experimental production (IEP). I argue that even though the goal of IEP is the production of new effects, it can be informative for causal details in scientific representations. Specifically, IEP can be informative about causal relations (...) in: regularities under study; ‘intervention systems’, which are measurement/experimental systems; and new technological systems. (shrink)

Once symbolized by a burning armchair, experimental philosophy has in recent years shifted away from its original hostility to traditional methods. Starting with a brief historical review of the experimentalist challenge to traditional philosophical practice, this chapter looks at research undercutting that challenge, and at ways in which experimental work has evolved to complement and strengthen traditional approaches to philosophical questions.

This chapter focuses on the experimental practices and reasoning strategies employed in nineteenth century investigations on the causal origin of the phenomenon of Brownian movement. It argues that there was an extensive and sophisticated experimental work done on the phenomenon throughout the nineteenth century. Investigators followed as rigorously as possible the methodological standards of their time to make causal claims and advance causal explanations of Brownian movement. Two major methodological strategies were employed. The first was the experimental (...) strategy of varying the circumstances. Suspected causal factors were varied and the resulting effect on Brownian movement was studied. The main goal of this strategy was the identification of difference-making factors, i.e., factors having a causal influence on the phenomenon. The second was the so-called method of hypothesis. Rather than relying exclusively on the ability of experiments to identify difference-making factors, its proponents tried to show how the independently developed tenets of the new kinetic-molecular conception of matter provided a plausible causal explanation of Brownian movement. Each one of these methodological strategies had its distinctive practices and notions of control. None of these strategies could, on its own, establish molecular motion as the cause of Brownian movement. It was only the fruitful combination of the two strategies and of their accompanying practices and notions of control that led, at the end of the nineteenth century, to the recognition of molecular motion as the most probable cause of Brownian movement. (shrink)

Much discussion about experimental philosophy and philosophical methodology has been framed in terms of the reliability of intuitions, and even when it has not been about reliability per se, it has been focused on whether intuitions meet whatever conditions they need to meet to be trustworthy as evidence. But really that question cannot be answered independently from the questions, evidence for what theories arrived at by what sorts of inferences? I will contend here that not just philosophy's sources of (...) evidence, but also its inferential resources, are in great need of closer examination. (shrink)

Animal rights activists are often accused of caring more about animals than about human beings. How, it is asked, can activists condemn the use of animals in biomedical research—research that improves human health and saves human lives? In this article, I argue that even if animal experimentation might eventually provide cures for many serious diseases, given the present state of the world, we are not justified supporting this research; rather, we ought to devote our limited resources to other forms of (...) humanitarian assistance. (shrink)

The proposed theoretical motivation for legal fictionalism begins by focusing upon the seemingly supernatural powers of creation and control that mere mortals exercise over legal things, as a subclass of socially constructed things. This focus brings to the fore a dilemma of uncharitableness concerning the ontological commitments expressed in the discourse of whole societies about such things. Either, there is widespread equivocation as to the fundamental concept expressed by terms such as ‘existence’ or our claims about legal and other institutional (...) things are never really true. When stated as a dilemma, rather than assuming either horn from the outset, our broader social practice of fiction-telling yields a reason to prefer the fictionalist horn. -/- I differentiate three grades of legal fictionalism and contrast strong legal fictionalism with Horacio Spector’s weak form. Only the stronger form has it that engagement in a fictional discourse of law can provide reasons for legal decision-making independent of moral opinions or policy considerations. This stance relies on the claim that maintaining a fictional discourse with respect for its integrity justifies inferences to conclusions about a fictional domain beyond what is described in existing expressions of the discourse. Focusing on ontology allows an analogy between a fictional discourse of law and literary or popular fiction, in which context such inferences are more obviously persuasive. I argue that this notion of respect for the integrity of such a discourse saves legal formalist jurisprudence from the indeterminacy objections of legal realists. (shrink)

This chapter proceeds from the standard picture of the relation between intuitions and experimental philosophy: the alleged evidential role of intuitions about hypothetical cases, and experimental philosophy’s challenge to these judgments, based on their variation with philosophically irrelevant factors. I will survey some of the main defenses of this standard picture against the x-phi challenge, most of which fail. Concerning the most popular defense, the expertise defense, I will draw the bleak conclusion that intuitive expertise of the envisaged (...) kind is largely a myth. Next, I will consider the mischaracterization objection, which has mainly been developed by Deutsch and Cappelen on the basis of textual evidence: that philosophers do not appeal to intuitions as evidence for their case judgments, but instead argue for them. This would render the x-phi challenge mostly irrelevant, due to its focus on intuitions about hypothetical cases. I will then consider a few instructive replies to the mischaracterization objection, which are all unconvincing on further inspection. Finally, I will discuss some potential normative consequences of the mischaracterization objection, and I will argue that it recommends a shift away from the excessive focus on intuitions about cases in metaphilosophy and experimental philosophy, towards more work on the role of argumentation in the method of cases. More speculatively, I claim that philosophers should always argue for their case judgments, even if they have strong intuitions about them, because an argument-based methodology would be more transparent and philosophically fruitful than one that mainly relies on intuition. (shrink)

Experimental philosophy brings empirical methods to philosophy. These methods are used to probe how people think about philosophically interesting things such as knowledge, morality, and freedom. This paper explores the contribution that qualitative methods have to make in this enterprise. I argue that qualitative methods have the potential to make a much greater contribution than they have so far. Along the way, I acknowledge a few types of resistance that proponents of qualitative methods in experimental philosophy might encounter, (...) and provide reasons to think they are ill-founded. (shrink)

En este artículo presentamos las principales corrientes de la Filosofía Experimental y atendemos a una de las críticas más severas a la que se ha sometido este reciente programa de renovación metodológica. Según Antti Kauppinen la Filosofía Experimental está condenada al fracaso porque no puede obtener mediante sus métodos el tipo de intuiciones que interesan a los filósofos –las intuiciones robustas del hablante competente. Aun aceptando parte de las críticas de Kauppinen, en este artículo sostenemos, en primer lugar, (...) que la supuesta incapacidad de la Filosofía Experimental para acceder a las intuiciones robustas de los hablantes tiene que ver en gran medida con los métodos experimentales empleados hasta ahora por los filósofos experimentales. En segundo lugar, defendemos que el proyecto de reforma llevado a cabo desde la Filosofía Experimental resultará viable solo si se adoptan una serie de consejos metodológicos procedentes de la economía experimental. Únicamente entonces podrán los experimentalistas responder con éxito a la objeción de Kauppinen. (shrink)

According to what I call the ‘argument from public bads’, if a researcher deceived subjects in the past, there is a chance that subjects will discount the information that a subsequent researcher provides, thus compromising the validity of the subsequent researcher’s experiment. While this argument is taken to justify an existing informal ban on explicit deception in experimental economics, it can also apply to implicit deception, yet implicit deception is not banned and is sometimes used in experimental economics. (...) Thus, experimental economists are being inconsistent when they appeal to the argument from public bads to justify banning explicit deception but not implicit deception. (shrink)

Much of the recent movement organized under the heading “Experimental Philosophy” has been concerned with the empirical study of responses to thought experiments drawn from the literature on philosophical analysis. I consider what bearing these studies have on the traditional projects in which thought experiments have been used in philosophy. This will help to answer the question what the relation is between Experimental Philosophy and philosophy, whether it is an “exciting new style of [philosophical] research”, “a new interdisciplinary (...) field that uses methods normally associated with psychology to investigate questions normally associated with philosophy” (Knobe et al. 2012), or whether its relation to philosophy consists, as some have suggested, in no more than the word ‘philosophy’ appearing in its title, or whether the truth lies somewhere in between these two views. I first distinguishes different strands in Experimental Philosophy, negative and positive x-phi, and x-phi pursuing philosophy as opposed to x-phi as cognitive science. Next I review some ways in which Experimental Philosophy has been criticized. Finally, I consider what would have to be true for Experimental Philosophy to have one or another sort of relevance to philosophy, whether the assumptions required are true, how we could know it, and the ideal limits of the usefulness Experimental Philosophy to philosophy. I conclude x-phi cannot in principle be a replacement for traditional first person approaches because it yields the wrong kind of knowledge and that it can nonetheless be a practical aid in conducting philosophical thought experiments. n. (shrink)

While the term “reactivity” has come to be associated with specific phenomena in the social sciences, having to do with subjects’ awareness of being studied, this paper takes a broader stance on this concept. I argue that reactivity is a ubiquitous feature of the psychological subject matter and that this fact is a precondition of experimental research, while also posing potential problems for the experimenter. The latter are connected to the worry about distorted data and experimental artifacts. But (...) what are experimental artifacts and what is the most productive way of dealing with them? In this paper, I approach these questions by exploring the ways in which experimenters in psychology simultaneously exploit and suppress the reactivity of their subject matter in order to produce experimental data that speak to the question or subject matter at hand. Highlighting the artificiality of experimental data, I raise the question of what distinguishes a genuine experimental result from an experimental artifact. My analysis construes experimental results as the outcomes of inferences from the data that take material background assumptions as auxiliary premises. Artifacts occur when one or more of these background assumptions are false, such that the data do not reliably serve the purposes they were generated for. I conclude by laying out the ways in which my analysis of data quality is relevant to, and informed by, recent debates about the replicability of experimental results. (shrink)

This chapter focuses on the methodological challenges and practical implications of the experimental ontology of music. It offers an overview of the existing research, primarily focusing on how people judge whether two musical performances are of one and the same or two distinct musical works, followed by a discussion of the current methodological debates in this field and, finally, an exploration of its potential legal implications.

The widely accepted view states that an intention to deceive is not necessary for lying. Proponents of this view, the so-called non-deceptionists, argue that lies are simply insincere assertions. We conducted three experimental studies with false explanations, the results of which put some pressure on non-deceptionist analyses. We present cases of explanations that one knows are false and compare them with analogical explanations that differ only in having a deceptive intention. The results show that lay people distinguish between such (...) false explanations and to a higher degree classify as lies those explanations that are made with the intention to deceive. Non-deceptionists fail to distinguish between such cases and wrongly classify both as lies. This novel empirical finding indicates the need for supplementing non-deceptionist definitions of lying, at least in some cases, with an additional condition, such as an intention to deceive. (shrink)

In the mid-seventeenth century a movement of self-styled experimental philosophers emerged in Britain. Originating in the discipline of natural philosophy amongst Fellows of the fledgling Royal Society of London, it soon spread to medicine and by the eighteenth century had impacted moral and political philosophy and even aesthetics. Early modern experimental philosophers gave epistemic priority to observation and experiment over theorising and speculation. They decried the use of hypotheses and system-building without recourse to experiment and, in some quarters, (...) developed a philosophy of experiment. The movement spread to the Netherlands and France in the early eighteenth century and later impacted Germany. Its important role in early modern philosophy was subsequently eclipsed by the widespread adoption of the Kantian historiography of modern philosophy, which emphasised the distinction between rationalism and empiricism and had no place for the historical phenomenon of early modern experimental philosophy. The re-emergence of interest in early modern experimental philosophy roughly coincided with the development of contemporary x-phi and there are some important similarities between the two. (shrink)

Descriptive accounts of the nature of explanation in neuroscience and the global goals of such explanation have recently proliferated in the philosophy of neuroscience and with them new understandings of the experimental practices of neuroscientists have emerged. In this paper, I consider two models of such practices; one that takes them to be reductive; another that takes them to be integrative. I investigate those areas of the neuroscience of learning and memory from which the examples used to substantiate these (...) models are culled, and argue that the multiplicity of experimental protocols used in these research areas presents specific challenges for both models. In my view, these challenges have been overlooked largely because philosophers have hitherto failed to pay sufficient attention to fundamental features of experimental practice. I demonstrate that when we do pay attention to such features, evidence for reduction and integrative unity in neuroscience is simply not borne out. I end by suggesting some new directions for the philosophy of neuroscience that pertain to taking a closer look at the nature of neuroscientific experiments. (shrink)

This entry summarizes an emerging subdiscipline of both empirical bioethics and experimental philosophy (“x-phi”) which has variously been referred to as experimental philosophical bioethics, experimental bioethics, or simply “bioxphi”. Like empirical bioethics, bioxphi uses data-driven research methods to capture what various stakeholders think (feel, judge, etc.) about moral issues of relevance to bioethics. However, like its other parent discipline of x-phi, bioxphi tends to favor experiment-based designs drawn from the cognitive sciences – including psychology, neuroscience, and behavioral (...) economics – to tease out why and how stakeholders think as they do. (shrink)