Moral philosophers and psychologists often assume that people judge morally lucky and morally unlucky agents differently, an assumption that stands at the heart of the Puzzle of Moral Luck. We examine whether the asymmetry is found for reflective intuitions regarding wrongness, blame, permissibility, and punishment judg- ments, whether people’s concrete, case-based judgments align with their explicit, abstract principles regarding moral luck, and what psychological mechanisms might drive the effect. Our experiments produce three findings: First, in within-subjects experiments favorable to reflective (...) deliberation, the vast majority of people judge a lucky and an unlucky agent as equally blameworthy, and their actions as equally wrong and permissible. The philosophical Puzzle of Moral Luck, and the challenge to the very possibility of systematic ethics it is frequently taken to engender, thus simply do not arise. Second, punishment judgments are significantly more outcome- dependent than wrongness, blame, and permissibility judgments. While this constitutes evidence in favor of current Dual Process Theories of moral judgment, the latter need to be qualified: punishment and blame judgments do not seem to be driven by the same process, as is commonly argued in the literature. Third, in between-subjects experiments, outcome has an effect on all four types of moral judgments. This effect is mediated by negligence ascriptions and can ultimately be explained as due to differing probability ascriptions across cases. (shrink)

This chapter sheds light on a response to experimental philosophy that has not yet received enough attention: the reflection defense. According to proponents of this defense, judgments about philosophical cases are relevant only when they are the product of careful, nuanced, and conceptually rigorous reflection. The chapter argues that the reflection defense is misguided: Five studies (N>1800) are presented, showing that people make the same judgments when they are primed to engage in careful reflection as they do in the conditions (...) standardly used by experimental philosophers. (shrink)

Assertions are speech acts by means of which we express beliefs. As such they are at the heart of our linguistic and social practices. Recent research has focused extensively on the question whether the speech act of assertion is governed by norms, and if so, under what conditions it is acceptable to make an assertion. Standard theories propose, for instance, that one should only assert that p if one knows that p (the knowledge account), or that one should only assert (...) that p if p is true (the truth account). In a series of four experiments, this question is addressed empirically. Contrary to previous findings, knowledge turns out to be a poor predictor of assertability, and the norm of assertion is not factive either. The studies here presented provide empirical evidence in favour of the view that a speaker is warranted to assert that p only if her belief that p is justified. (shrink)

In a series of ten preregistered experiments (N=2043), we investigate the effect of outcome valence on judgments of probability, negligence, and culpability – a phenomenon sometimes labelled moral (and legal) luck. We found that harmful outcomes, when contrasted with neutral outcomes, lead to increased perceived probability of harm ex post, and consequently to increased attribution of negligence and culpability. Rather than simply postulating a hindsight bias (as is common), we employ a variety of empirical means to demonstrate that the outcome-driven (...) asymmetry across perceived probabilities constitutes a systematic cognitive distortion. We then explore three distinct strategies to alleviate the hindsight bias and its downstream effects on mens rea and culpability ascriptions. Not all are successful, but at least some prove promising. They should, we argue, be taken into consideration in criminal jurisprudence, where distortions due to the hindsight bias are likely considerable and deeply disconcerting. (shrink)

An observation of Hume’s has received a lot of attention over the last decade and a half: Although we can standardly imagine the most implausible scenarios, we encounter resistance when imagining propositions at odds with established moral (or perhaps more generally evaluative) convictions. The literature is ripe with ‘solutions’ to this so-called ‘Puzzle of Imaginative Resistance’. Few, however, question the plausibility of the empirical assumption at the heart of the puzzle. In this paper, we explore empirically whether the difficulty we (...) witness in imagining certain propositions is indeed due to claim type (evaluative v. non-evaluative) or whether it is much rather driven by mundane features of content. Our findings suggest that claim type plays but a marginal role, and that there might hence not be much of a ‘puzzle’ to be solved. (shrink)

According to contextualism, the extension of claims of personal taste is dependent on the context of utterance. According to truth relativism, their extension depends on the context of assessment. On this view, when the taste preferences of a speaker change, so does the truth value of a previously uttered taste claim, and the speaker might be required to retract it. Both views make strong empirical assumptions, which are here put to the test in three experiments with over 740 participants. It (...) turns out that the linguistic behaviour of ordinary English speakers is consistent with contextualist predictions and inconsistent with the predictions of the most widely discussed form of truth relativism advocated by John MacFarlane. (shrink)

The recent controversy about misinformation has moved a question into the focus of the public eye that has occupied philosophers for decades: Under what conditions is it appropriate to assert a certain claim? When asserting a claim that x, must one know that x? Must x be true? Might it be normatively acceptable to assert whatever one believes? In the largest cross-cultural study to date (total n = 1,091) on the topic, findings from the United States, Germany, and Japan suggest (...) that, in order to claim that x, x need not be known, and it can be false. However, the data show, we do expect considerable epistemic responsibility on the speaker’s behalf: In order to appropriately assert a claim, the speaker must have good reasons to believe it. (shrink)

In many spheres, the law takes the legal concept of causation to correspond to the folk concept (the correspondence assumption). Courts, including the US Supreme Court, tend to insist on the "common understanding" and that which is "natural to say" (Burrage v. United States) when it comes to expressions relating to causation, and frequently refuse to clarify the expression to juries. As recent work in psychology and experimental philosophy has uncovered, lay attributions of causation are susceptible to a great number (...) of unexpected factors, some of which seem rather peripheral to causation. One of those is the norm effect (Knobe & Fraser, 2008): Agents who, in acting as they do, break a salient norm, are more likely to be considered as having caused a certain consequence than when they do not violate a norm. According to some (e.g., Alicke, 1992) this constitutes a bias. According to others (e.g., Sytsma, 2020), the folk concept of causation is sensitive to normative factors, and there’s nothing wrong with that. In this paper, we explore the question whether the norm effect should be considered a bias from the legal perspective on the one hand, and from the psychological perspective on the other. To do this, we test whether norms which are nonpertinent to the consequences or outright silly also impact causation judgements. The data from two preregistered experiments (total N=593) clearly show they do. This, we argue, makes the bias interpretation plausible from the psychological perspective, and both plausible and problematic from the legal perspective. It also shows that the law should abstain from unreflectively assuming conceptual correspondence between legal and ordinary language concepts. (shrink)

Recent research shows – somewhat astonishingly – that people are willing to ascribe moral blame to AI-driven systems when they cause harm [1]–[4]. In this paper, we explore the moral- psychological underpinnings of these findings. Our hypothesis was that the reason why people ascribe moral blame to AI systems is that they consider them capable of entertaining inculpating mental states (what is called mens rea in the law). To explore this hypothesis, we created a scenario in which an AI system (...) runs a risk of poisoning people by using a novel type of fertilizer. Manipulating the computational (or quasi-cognitive) abilities of the AI system in a between-subjects design, we tested whether people’s willingness to ascribe knowledge of a substantial risk of harm (i.e., recklessness) and blame to the AI system. Furthermore, we investigated whether the ascription of recklessness and blame to the AI system would influence the perceived blameworthiness of the system’s user (or owner). In an experiment with 347 participants, we found (i) that people are willing to ascribe blame to AI systems in contexts of recklessness, (ii) that blame ascriptions depend strongly on the willingness to attribute recklessness and (iii) that the latter, in turn, depends on the perceived “cognitive” capacities of the system. Furthermore, our results suggest (iv) that the higher the computational sophistication of the AI system, the more blame is shifted from the human user to the AI system. (shrink)

In two experiments (total N=693) we explored whether people are willing to consider paintings made by AI-driven robots as art, and robots as artists. Across the two experiments, we manipulated three factors: (i) agent type (AI-driven robot v. human agent), (ii) behavior type (intentional creation of a painting v. accidental creation), and (iii) object type (abstract v. representational painting). We found that people judge robot paintings and human painting as art to roughly the same extent. However, people are much less (...) willing to consider robots as artists than humans, which is partially explained by the fact that they are less disposed to attribute artistic intentions to robots. (shrink)

While philosophers hold that it is patently absurd to blame robots or hold them morally responsible [1], a series of recent empirical studies suggest that people do ascribe blame to AI systems and robots in certain contexts [2]. This is disconcerting: Blame might be shifted from the owners, users or designers of AI systems to the systems themselves, leading to the diminished accountability of the responsible human agents [3]. In this paper, we explore one of the potential underlying reasons for (...) robot blame, namely the folk's willingness to ascribe inculpating mental states or "mens rea" to robots. In a vignette-based experiment (N=513), we presented participants with a situation in which an agent knowingly runs the risk of bringing about substantial harm. We manipulated agent type (human v. group agent v. AI-driven robot) and outcome (neutral v. bad), and measured both moral judgment (wrongness of the action and blameworthiness of the agent) and mental states attributed to the agent (recklessness and the desire to inflict harm). We found that (i) judgments of wrongness and blame were relatively similar across agent types, possibly because (ii) attributions of mental states were, as suspected, similar across agent types. This raised the question - also explored in the experiment - whether people attribute knowledge and desire to robots in a merely metaphorical way (e.g., the robot "knew" rather than really knew). However, (iii), according to our data people were unwilling to downgrade to mens rea in a merely metaphorical sense when given the chance. Finally, (iv), we report a surprising and novel finding, which we call the inverse outcome effect on robot blame: People were less willing to blame artificial agents for bad outcomes than for neutral outcomes. This suggests that they are implicitly aware of the dangers of overattributing blame to robots when harm comes to pass, such as inappropriately letting the responsible human agent off the moral hook. (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)

Contextualism is the view that the extension of perspectival claims (involving e.g. predicates of personal taste or epistemic modals) depends on the context of utterance. Relativism is the view that the extension of perspectival claims depends on the context of assessment. Both views make concrete, empirically testable predictions about how such claims are used by ordinary English language speakers. This chapter surveys some of the recent empirical literature on the topic and presents four new experiments (total N=724). Consistent with contextualism (...) and inconsistent with relativism, the results suggest that the extension of perspectival claims depends on the context of utterance, not the context of assessment. (shrink)

A coherent practice of mens rea (‘guilty mind’) ascription in criminal law presupposes a concept of mens rea which is insensitive to the moral valence of an action’s outcome. For instance, an assessment of whether an agent harmed another person intentionally should be unaffected by the severity of harm done. Ascriptions of intentionality made by laypeople, however, are subject to a strong outcome bias. As demonstrated by the Knobe effect, a knowingly incurred negative side effect is standardly judged intentional, whereas (...) a positive side effect is not. We report the first empirical investigation into intentionality ascriptions made by professional judges, which finds (i) that professionals are sensitive to the moral valence of outcome type, and (ii) that the worse the outcome, the higher the propensity to ascribe intentionality. The data shows the intentionality ascriptions of professional judges to be inconsistent with the concept of mens rea supposedly at the foundation of criminal law. (shrink)

The potential capacity for robots to deceive has received considerable attention recently. Many papers explore the technical possibility for a robot to engage in deception for beneficial purposes (e.g., in education or health). In this short experimental paper, I focus on a more paradigmatic case: robot lying (lying being the textbook example of deception) for nonbeneficial purposes as judged from the human point of view. More precisely, I present an empirical experiment that investigates the following three questions: (a) Are ordinary (...) people willing to ascribe deceptive intentions to artificial agents? (b) Are they as willing to judge a robot lie as a lie as they would be when human agents engage in verbal deception? (c) Do people blame a lying artificial agent to the same extent as a lying human agent? The response to all three questions is a resounding yes. This, I argue, implies that robot deception and its normative consequences deserve considerably more attention than they presently receive. (shrink)

This paper presents a series of studies (total N=579) which demonstrate that folk judgments concerning the reasonableness of decisions and actions depend strongly on whether they engender positive or negative consequences. A particular decision is deemed more reasonable in retrospect when it produces beneficial consequences than when it produces harmful consequences, even if the situation in which the decision was taken and the epistemic circumstances of the agent are held fixed across conditions. This finding is worrisome for the law, where (...) the reasonable person standard plays a prominent role. The legal concept of reasonableness is outcome-insensitive: whether the defendant acted in a reasonable fashion or not depends exclusively on her context of action, no matter how things play out. Folk judgments of reasonableness are thus inconsistent with the legal concept of reasonableness. Problematically, in common law jurisdictions, the decision whether a defendant’s behavior was reasonable or not is frequently (though not necessarily) delegated to a lay jury. (shrink)

In this paper we discuss a phenomenon we call perspectival plurality, which has gone largely unnoticed in the current debate between relativism and contextualism about predicates of personal taste. According to perspectival plurality, the truth value of a sentence containing more than one PPT may depend on more than one perspective. Prima facie, the phenomenon engenders a problem for relativism and can be shaped into an argument in favor of contextualism. We explore the consequences of perspectival plurality in depth and (...) assess several possible responses on behalf of advocates of relativism. (shrink)

According to indexical contextualism, the perspectival element of taste predicates and epistemic modals is part of the content expressed. According to nonindexicalism, the perspectival element must be conceived as a parameter in the circumstance of evaluation, which engenders “thin” or perspective-neutral semantic contents. Echoing Evans, thin contents have frequently been criticized. It is doubtful whether such coarse-grained quasi-propositions can do any meaningful work as objects of propositional attitudes. In this paper, I assess recent responses by Recanati, Kölbel, Lasersohn and MacFarlane (...) to the “incompleteness worry”. None of them manages to convince. Particular attention is devoted to an argument by John MacFarlane, which states that if perspectives must be part of the content, so must worlds, which would make intuitively contingent propositions necessary. I demonstrate that this attempt to defend thin content views such as nonindexical contextualism and relativism conflates two distinct notions of necessity, and that radical indexicalist accounts of semantics, such as Schaffer’s necessitarianism, are in fact quite plausible. (shrink)

According to Anscombe, acting intentionally entails knowledge in ac- tion. This thesis has been near-universally rejected due to a well-known counter- example by Davidson: a man intending to make ten legible carbon copies might not believe with confidence, and hence not know, that he will succeed. If he does, however, his action surely counts as intentional. Damaging as it seems, an even more powerful objection can be levelled against Anscombe: while act- ing, there is as yet no fact of the (...) matter as to whether the agent will succeed. Since his belief that he will is not yet true while his action is in progress, he can- not possibly know that he is indeed bringing about the intended goal. Knowl- edge in action is not only unnecessary for intentional action, it seems, but–at least as regards success-bound types of action–impossible to attain in the first place. -/- In this paper I argue that traditional strategies to counter these objections are unsatisfactory and propose a new account of knowledge in action which has two core features: (i) It invokes an externalist conception of justification which not only meets Davidson’s challenge, but also casts doubts on the tacit internalist premise on which his example relies. (ii) Drawing on recent work about by John MacFarlane, the proposed account conceives of claims to in action as assessment-sensitive so as to overcome the factivity objection. From a retrospective point of evaluation, previous claims about future events and actions can not only be deemed as having been true, but also as having been known. (shrink)

Increasingly complex and autonomous systems require machine ethics to maximize the benefits and minimize the risks to society arising from the new technology. It is challenging to decide which type of ethical theory to employ and how to implement it effectively. This survey provides a threefold contribution. First, it introduces a trimorphic taxonomy to analyze machine ethics implementations with respect to their object (ethical theories), as well as their nontechnical and technical aspects. Second, an exhaustive selection and description of relevant (...) works is presented. Third, applying the new taxonomy to the selected works, dominant research patterns, and lessons for the field are identified, and future directions for research are suggested. (shrink)

The potential capacity for robots to deceive has received considerable attention recently. Many papers focus on the technical possibility for a robot to engage in deception for beneficial purposes (e.g. in education or health). In this short experimental paper, I focus on a more paradigmatic case: Robot lying (lying being the textbook example of deception) for nonbeneficial purposes as judged from the human point of view. More precisely, I present an empirical experiment with 399 participants which explores the following three (...) questions: (i) Are ordinary people willing to ascribe intentions to deceive to artificial agents? (ii) Are they as willing to judge a robot lie as a lie as they would be when human agents engage in verbal deception? (iii) Do they blame a lying artificial agent to the same extent as a lying human agent? The response to all three questions is a resounding yes. This, I argue, implies that robot deception and its normative consequences deserve considerably more attention than it presently attracts. (shrink)

This article explores whether perspective taking has an impact on the ascription of epistemic states. To do so, a new method is introduced which incites participants to imagine themselves in the position of the protagonist of a short vignette and to judge from her perspective. In a series of experiments, perspective proves to have a significant impact on belief ascriptions, but not on knowledge ascriptions. For belief, perspective is further found to moderate the epistemic side-effect effect significantly. It is hypothesized (...) that the surprising findings are driven by the special epistemic authority we enjoy in assessing our own belief states, which does not extend to the assessment of our own knowledge states. (shrink)

When two actors have the same mental state but one happens to harm another person (unlucky actor) and the other one does not (lucky actor), the latter elicits a milder moral judgement. To understand how this outcome effect would affect post-harm interactions between victims and perpetrators, we examined how the social role from which transgressions are perceived moderates the outcome effect, and how outcome effects on moral judgements transfer to agentic and communal interpersonal goals. Three vignette experiments (N = 950) (...) revealed similar outcome effects on moral judgement across social roles. In contrast, outcome effects on agentic and communal goals varied by social role: victims exhibited the strongest outcome effects and perpetrators the weakest, with bystanders falling in between. Moral judgement did not mediate the effects of outcome severity on interpersonal goals. We discuss the possibility that outcome severity raises normative expectations regarding post-harm interactions that are unrelated to moral considerations. (shrink)

This chapter reviews empirical research on the rules governing assertion and retraction, with a focus on the normative role of truth. It examines whether truth is required for an assertion to be considered permissible, and whether there is an expectation that speakers retract statements that turn out to be false. Contrary to factive norms (such as the influential “knowledge norm”), empirical data suggests that there is no expectation that speakers only make true assertions. Additionally, contrary to truth-relativist accounts, there is (...) no requirement for speakers to retract statements that are false at the context of assessment. We conclude by suggesting that truth still plays a crucial role in the evaluation of assertions: as a standard for evaluating their success, rather than permissibility. (shrink)

In an important and widely discussed series of studies, Jonathan Phillips and colleagues have suggested that the ordinary concept of happiness has a substantial moral component. For in- stance, two persons who enjoy the same extent of positive emotions and are equally satisfied with their lives are judged as happy to different degrees if one is less moral than the other. Considering that the relation between morality and happiness or self-interest has been one of the central questions of moral philosophy (...) since at least Plato, such a result would be of considerable philosophical interest. On closer examination of the original research and new studies, we suggest that the data point to a different conclusion: in the dominant folk understanding of happiness, morality has no fundamental role. Findings seeming to indicate a moralized concept are better explained, we suggest, by folk theories on which extreme moral turpitude indicates that an individual suffers from psychological dysfunction. (shrink)

While artificial intelligence (AI) is increasingly applied for decision-making processes, ethical decisions pose challenges for AI applications. Given that humans cannot always agree on the right thing to do, how would ethical decision-making by AI systems be perceived and how would responsibility be ascribed in human-AI collaboration? In this study, we investigate how the expert type (human vs. AI) and level of expert autonomy (adviser vs. decider) influence trust, perceived responsibility, and reliance. We find that participants consider humans to be (...) more morally trustworthy but less capable than their AI equivalent. This shows in participants’ reliance on AI: AI recommendations and decisions are accepted more often than the human expert’s. However, AI team experts are perceived to be less responsible than humans, while programmers and sellers of AI systems are deemed partially responsible instead. (shrink)

What is the folk concept of art? Does it track any of the major definitions of art philosophers have proposed? In two preregistered experiments (N=888) focusing on two types of artworks (paintings and musical works), we manipulate three potential features of artworks: intentional creation, the possession of aesthetic value, and institutional recognition. This allows us to investigate whether the folk concept of art fits an essentialist definition drawing on one or more of the manipulated factors, or whether it might be (...) a disjunctive or cluster concept. The results suggest that none of the three manipulated properties are necessary for an object to be art, though some, even by themselves, suffice. The folk concept of art might thus well be a cluster concept instead of an essentialist concept. (shrink)

Extant research has shown that ordinary causal judgments are sensitive to normative factors. For instance, agents who violate a norm are standardly deemed more causal than norm-conforming agents in identical situations. In this paper, we explore two competing explanations for the Norm Effect: the Responsibility View and the Bias View. According to the former, the Norm Effect arises because ordinary causal judgment is intimately intertwined with moral responsibility. According to the alternative view, the Norm Effect is the result of a (...) blame-driven bias. In a series of five preregistered experiments (N = 2688), we present evidence that predominantly favours the Bias View. In particular, and against predictions made by the Responsibility View, we show that participants deem agents who violate nonpertinent or silly norms – norms that do not relate to the outcome at hand – as more causal, and that this effect cannot be explained in terms of plausible mediators such as the agent’s foreknowledge and desire, or the foreseeability of harm. We close with a discussion regarding the implications of these findings, in as regards the just assessment of proximate cause in the law. (shrink)

At the height of the Covid-19 pandemic, frontline medical professionals at intensive care units around the world faced gruesome decisions about how to ration life-saving medical resources. These events provided a unique lens through which to understand how the public reasons about real-world dilemmas involving trade-offs between human lives. In three studies (total N = 2298), we examined people’s moral attitudes toward triage of acute coronavirus patients, and found elevated support for utilitarian triage policies. These utilitarian tendencies did not stem (...) from period change in moral attitudes relative to pre-pandemic levels--but rather, from the heightened realism of triage dilemmas. Participants favored utilitarian resolutions of critical care dilemmas when compared to structurally analogous, non-medical dilemmas—and such support was rooted in prosocial dispositions, including empathy and impartial beneficence. Finally, despite abundant evidence of political polarization surrounding Covid-19, moral views about critical care triage differed modestly, if at all, between liberals and conservatives. Taken together, our findings highlight people’s robust support for utilitarian measures in the face of a global public health threat, and illustrate how hypothetical scenarios in moral psychology (e.g. trolley cases) should strive for more experiential and psychological realism, otherwise their results might not generalize to real-world moral dilemmas. (shrink)

In two experiments (N=888), we explore to what extent the folk concept of art is compatible with the leading philosophical definitions of art, and whether it is an essentialist or a non-essentialist concept. We manipulate three factors: whether an object is created intentionally, whether it has aesthetic value, and whether it is institutionally recognized. In addition, we also manipulate the artistic domain (visual art or music). The results suggest that none of the three properties is seen by the folk as (...) necessary for an object to be considered art, which suggests that the folk concept of art might be a cluster concept. (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)

A growing body of literature has revealed ordinary causal judgement to be sensitive to normative factors, such that a norm-violating agent is regarded more causal than their non-norm-violating counterpart. In this paper, we explore two competing explanations for this phenomenon: the Responsibility View and the Bias View. The Bias View, but not the Responsibility View, predicts features peripheral to the agent’s responsibility to impact causal attributions. In a series of three preregistered experiments (N = 1162), we present new evidence that (...) the Norm Effect arises from such peripheral features, namely from nonpertinent or entirely silly norm violations. Furthermore, we show that this effect cannot be explained by recourse to the agent’s foreknowledge or desire of the outcome, nor by its foreseeability: the Norm Effect arises even when participants judge the norm-violating agent’s doing as equally foreseeable. This, we argue, provides evidence in favour of the Bias View. (shrink)

In this paper, we call for a new approach to the psychology of free will attribution. While past research in experimental philosophy and psychology has mostly been focused on reasoning- based judgment (“the courtroom approach”), we argue that like agency and mindedness, free will can also be experienced perceptually (“the perceptual approach”). We further propose a new model of free will attribution—the agency model—according to which the experience of free will is elicited by the perceptual cues that prompt the attribution (...) of agency. Finally, developing new stimuli that fit the perceptual approach, we present some preliminary evidence in support of the agency model. (shrink)

This article applies the tools of experimental philosophy to the ongoing debate about both the theoretical viability and the practical import of partially aggregative moral theories in distributive ethics. We conduct a series of three experiments (N=383): First, we document the widespread occurrence of the intuitions that motivate this position. Our study then moves beyond establishing the existence of partially aggregative intuitions in two dimensions: First, we extend experimental work in such a way as to ascertain which amongst existing versions (...) of partial aggregation (localised vs. global) chimes more fully with moral common sense. Specifically, we document how, in tie-breaking cases, ‘irrelevant goods’ judgments (Kamm) are just as robust as the original aggregative/non-aggregative pair of judgments that constitute partial aggregation. Second, by pairing laypeople’s moral judgments in standard cases with their intuitions about the limits of permissible self-prioritisation, we investigate whether one prominent explanation of why irrelevant claims may not be aggregated (Voorhoeve’s ‘personal prerogative’ argument) can be said to underpin people’s intuitions about the (ir)relevance relation of claims in conflict cases. We close with a discussion of our findings’ practical and theoretical import and highlight avenues for future research. (shrink)

Condition essentielle de la responsabilité civile, la notion de causalité reste aujourd’hui difficile à saisir et sujette à nombreuses discussions. Les contributions présentées dans cet ouvrage abordent la question à nouveaux frais, en adoptant un point de vue résolument interdisciplinaire mêlant philosophie, droit et économie. Sont envisagées successivement des difficultés que le contentieux de la causalité met régulièrement en évidence. Ainsi, la difficile articulation entre causalité juridique et causalité scientifique conduit à s’interroger sur le rôle de la science : doit-elle (...) guider le droit ou faut-il considérer que la causalité en droit n’est qu’un “construit” juridique dégagé de toute perspective scientifique ? Sont également évoquées les diverses tentatives de formalisation analytique de la causalité comme l’analyse contrefactuelle, le critère NESS et les définitions probabilistes de la causalité, ainsi que leur capacité à répondre aux questions redoutables suscitées par la présence de co-auteurs multiples ou d’hypothèses de “surdétermination causale”. Ces réflexions fondamentales ouvrent alors sur les autres aspects clefs de la causalité en droit et en économie comme la preuve et le rôle du raisonnement probabiliste, ou les modalités de la contribution à la dette de réparation en présence d’une pluralité de co-auteurs. Est alors mis en évidence l’apport des sciences économiques, qui permet de classer les différentes techniques d’attribution de la responsabilité et de discuter des propriétés économiques des règles de répartition de la charge de la dette de réparation. Cet ouvrage s’adresse aux chercheurs et aux praticiens confrontés aux questions délicates posées par la causalité dans le droit de la responsabilité civile. (shrink)