“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)

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)

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)

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)

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)

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 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)

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)

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.

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)

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)

How does experimental philosophy address philosophical questions and problems? That is: What projects does experimental philosophy pursue? What is their philosophical relevance? And what empirical methods do they employ? Answers to these questions will reveal how experimental philosophy can contribute to the longstanding ambition of placing philosophy on the ‘secure path of a science’, as Kant put it. We argue that experimental philosophy has introduced a new methodological perspective – a ‘meta-philosophical naturalism’ that addresses philosophical questions (...) about a phenomenon by empirically investigating how people think about this phenomenon. This chapter asks how this novel perspective can be successfully implemented: How can the empirical investigation of how people think about something address genuinely philosophical problems? And what methods – and, specifically, what methods beyond the questionnaire – can this investigation employ? We first review core projects of experimental philosophy and raise the question of their philosophical relevance. For ambitious answers, we turn to experimental philosophy’s most direct historical precursor, mid-20th century ordinary language philosophy, and discuss empirical implementations of two of its research programmes that use experimental methods from psycholinguistics and corpus methods from the digital humanities. (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)

This paper connects recent findings from experimental epistemology to several major themes in classical Indian epistemology. First, current evidence supports a specific account of the ordinary knowledge concept in contemporary anglophone American culture. According to this account, known as abilism, knowledge is a true representation produced by cognitive ability. I present evidence that abilism closely approximates Nyāya epistemology’s theory of knowledge, especially that found in the Nyāya-sūtra. Second, Americans are more willing to attribute knowledge of positive facts than of (...) negative facts, especially when such facts are inferred and even when the positive and negative “facts” are logically equivalent. Similar suspicions about knowledge of negative facts seemingly occur in classical Indian epistemology, suggesting that the asymmetry might not be an American quirk but instead reflect a cross-culturally robust tendency in knowledge attributions. Each of these themes—abilism and the positive/negative asymmetry—presents an exciting opportunity for further research in experimental cross-cultural epistemology. (shrink)

Communication is essential to human society, and assertion is central to communication. This article reviews evidence from life science, cognitive science, and philosophy relevant to understanding how our social practice of assertion is structured and sustained. The principal conclusion supported by this body of evidence is that knowledge is a central norm of assertion—that is, according to the rules of the practice, assertions should express knowledge.

Providing valid responses to a self-report survey requires cognitive effort. Subjects engaging in insufficient effort responding (IER) are unwilling to take this effort. Compared to psychologists, experimental philosophers so far seem to have paid less attention to IER. This paper is an attempt to begin to alleviate this shortcoming. First, I explain IER’s nature, prevalence and negative effects in self-report surveys in general. Second, I argue that IER might also affect experimental philosophy studies. Third, I develop recommendations as (...) to how experimental philosophers should (and should not) try to prevent IER. Fourth, I develop recommendations as to how experimental philosophers should (and should not) try to detect IER. Fifth, I sketch how experimental philosophers ought to proceed once a subject has been identified as an insufficient effort responder. And finally, I report the results of an online survey that addresses experimental philosophers’ current knowledge, consideration and assessment of IER. (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)

Understanding the nature of pain depends, at least partly, on recognizing its subjectivity (thus, its first-person epistemology). This in turn requires using a first-person experiential method in addition to third-person experimental approaches to study it. This paper is an attempt to spell out what the former approach is and how it can be integrated with the latter. We start our discussion by examining some foundational issues raised by the use of introspection. We argue that such a first-person method in (...) the scientific study of pain (as in the study of any experience) is in fact indispensable by demonstrating that it has in fact been consistently used in conjunction with conventional third-person methodologies, and this for good reasons. We show that, contrary to what appears to be a widespread opinion, there is absolutely no reason to think that the use of such a first-person approach is scientifically and methodologically suspect. We distinguish between two uses of introspective methods in scientific experiments: one draws on the subjects’ introspective reports where any investigator has equal and objective access. The other is where the investigator becomes a subject of his own study and draws on the introspection of his own experiences. We give examples using and/or approximating both strategies that include studies of second pain summation and its relationship to neural activities, and brain imaging- psychophysical studies wherein sensory and affective qualities of pain are correlated with cerebral cortical activity. We explain what we call the experiential or phenomenological approach that has its origins in the work of Price and Barrell (1980). This approach capitalizes on the scientific prospects and benefits of using the introspection of the investigator. We distinguish between its vertical and horizontal applications. Finally, we conclude that integrating such an approach to standard third-person methodologies can only help us in having a fuller understanding of pain and of conscious experience in general. (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)

Can experimental philosophy help us answer central questions about the nature of moral responsibility, such as the question of whether moral responsibility is compatible with determinism? Specifically, can folk judgments in line with a particular answer to that question provide support for that answer. Based on reasoning familiar from Condorcet’s Jury Theorem, such support could be had if individual judges track the truth of the matter independently and with some modest reliability: such reliability quickly aggregates as the number of (...) judges goes up. In this chapter, however, I argue, partly based on empirical evidence, that although non-specialist judgments might on average be more likely than not to get things right, their individual likelihoods fail to aggregate because they do not track truth with sufficient independence. (shrink)

Summary Analogue models are actual physical setups used to model something else. They are especially useful when what we wish to investigate is difficult to observe or experiment upon due to size or distance in space or time: for example, if the thing we wish to investigate is too large, too far away, takes place on a time scale that is too long, does not yet exist or has ceased to exist. The range and variety of analogue models is too (...) extensive to attempt a survey. In this article, I describe and discuss several different analogue model experiments, the results of those model experiments, and the basis for constructing them and interpreting their results. Examples of analogue models for surface waves in lakes, for earthquakes and volcanoes in geophysics, and for black holes in general relativity, are described, with a focus on examining the bases for claims that these analogues are appropriate analogues of what they are used to investigate. A table showing three different kinds of bases for reasoning using analogue models is provided. Finally, it is shown how the examples in this article counter three common misconceptions about the use of analogue models in physics. (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)

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)

To demarcate the limits of experimental knowledge, we probe the limits of what might be called an experiment. By appeal to examples of scientific practice from astrophysics and analogue gravity, we demonstrate that the reliability of knowledge regarding certain phenomena gained from an experiment is not circumscribed by the manipulability or accessibility of the target phenomena. Rather, the limits of experimental knowledge are set by the extent to which strategies for what we call ‘inductive triangulation’ are available: that (...) is, the validation of the mode of inductive reasoning involved in the source-target inference via appeal to one or more distinct and independent modes of inductive reasoning. When such strategies are able to partially mitigate reasonable doubt, we can take a theory regarding the phenomena to be well supported by experiment. When such strategies are able to fully mitigate reasonable doubt, we can take a theory regarding the phenomena to be established by experiment. There are good reasons to expect the next generation of analogue experiments to provide genuine knowledge of unmanipulable and inaccessible phenomena such that the relevant theories can be understood as well supported. This article is part of a discussion meeting issue ‘The next generation of analogue gravity experiments’. (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)

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)

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)

Experimental modeling in biology involves the use of living organisms (not necessarily so-called "model organisms") in order to model or simulate biological processes. I argue here that experimental modeling is a bona fide form of scientific modeling that plays an epistemic role that is distinct from that of ordinary biological experiments. What distinguishes them from ordinary experiments is that they use what I call "in vivo representations" where one kind of causal process is used to stand in for (...) a physically different kind of process. I discuss the advantages of this approach in the context of evolutionary biology. (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)

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 (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 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)

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)

A standard view in philosophy is that knowledge entails justification. Yet recent research suggests otherwise. We argue that this admirable and striking research suffers from an important limitation: participants were asked about knowledge but not justification. Thus it is possible that people attributed knowledge partly because they thought the belief was justified. Perhaps though, if given the opportunity, people would deny justification while still attributing knowledge. It is also possible that earlier findings were due to perspective taking. This paper reports (...) further research that directly addresses these questions. Our findings support the hypothesis that knowledge entails justification on the ordinary view. (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)

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)

In this chapter, I present a comprehensive review of the literature on experimental philosophy of aesthetics.

Examines the relevance of empirical studies of responsibility judgments for traditional philosophical concerns about free will and moral responsibility. We argue that experimental philosophy is relevant to the traditional debates, but that setting up experiments and interpreting data in just the right way is no less difficult than negotiating traditional philosophical arguments. Both routes are valuable, but so far neither promises a way to secure significant agreement among the competing parties. To illustrate, we focus on three sorts of issues. (...) For illustration, we discuss an error theory for incompatibilist intuitions proposed by Eddy Nahmias and colleagues, the role that empirical studies might have in the assessment of manipulation arguments for incompatibilism, and the suggestion that empirical studies reveal that core criteria for moral responsibility ought not to be applied invariantly across different sorts of cases. (shrink)

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)

The concept of 'authenticity' is highly valued on social media sites (SMSes), despite its ambiguous nature and definition. One interpretation of 'authenticity' by media scholars is a human's congruence with online portrayals of themselves (e.g. posting spontaneous photographs from their lives, or using real biodata online). For marketers and 'influencers', these patterns of behaviour can achieve certain gains: sales for a business, or success of a campaign. For existentialist philosophers, using 'authenticity' as a means to an end is against its (...) very definition. In this paper, I investigate what SMS users are looking for by their supposed 'authentic' portrayal online. My experimental approach draws upon empirical data from the Instagram social media site. Using machine learning techniques, descriptions and features of posts - including subjects, captions, and contexts - will be categorised and aggregated. I will then interpret these findings, drawing upon work by Taylor, Golomb, and Guignon, whose works on authenticity are based on mid-20th century existentalists. I argue that the existentialist ideals on authenticity are not necessarily present in contemporary SMS use. I will also argue that the popular interpretation of authenticity on SMSes can be self-defeating, when it seeks to turn the 'for-itself' into an 'in-itself'. (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)

Some issues heavily debated in perception sciences are presented: the explanatory gap and the experience measurement problem. The experimental phenomenology is said to provide substantive contribution to settle controversy over the phenome- nological adequacy of perception theory and models. An interpretation of experi- mental phenomenology as explanation of the perceptual manifold, and definition of relation varieties to eventually map onto other perception sciences’ domains is sketched.

Fichte argues that the conclusion of Kant’s transcendental deduction of the categories is correct yet lacks a crucial premise, given Kant’s admission that the metaphysical deduction locates an arbitrary origin for the categories. Fichte provides the missing premise by employing a new method: a genetic deduction of the categories from a first principle. Since Fichte claims to articulate the same view as Kant in a different, it is crucial to grasp genetic deduction in relation to the sorts of deduction that (...) Kant offers. I propose to interpret genetic deduction as the simultaneous fulfillment of two tasks: answering the question quid facti by deriving the categories from the I and answering the question quid juris by establishing our entitlement to the categories as conditions of experience. While the second task represents Fichte’s agreement with Kant’s transcendental deduction, the first reflects his correction of Kant’s metaphysical deduction. (shrink)