“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)

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)

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)

In lieu of an abstract, see the following excerpt: -/- Though his work has until now gone untranslated and been largely ignored in English scholarship, the historian of philosophy François Châtelet played a major role in the development of French thought that is on par with that of his more well-known contemporaries. Born in 1925, Châtelet was founding member of the University of Vincennes, Paris VIII’s experimental department of philosophy alongside Michel Foucault in the aftermath of the 1968 student (...) protests. In 1983, he would establish the Collège Internationale de Philosophie in Paris along with other prominent philosophers, an institution that in Alessandra Campana’s words, is at “the forefront of militant and engaged critical thinking,” in which it has sought to “relocate philosophy at the intersection of science, politics, psychoanalysis, art and literature, jurisprudence, and economy.” Châtelet’s association with radical educational institutions and the interdisciplinarity of research undertaken at the latter both point to what can be understood to be the essence of his philosophical project: that the history of philosophy is also a politics of philosophy. La Grèce Classique, La Raison, L’État, which was first published in 1978 and appears here in translation for the first time under the title Classical Greece, Reason, and the State, is exemplary in this regard, providing a powerful critique of the history of philosophy and its purported Greek origins. As Deleuze argues, Châtelet reveals that “Athens was not the advent of an eternal reason, but the singular event of a provisional rationalisation. In this view, the essence of classical philosophy cannot be extended to the contemporary era—neither in its original form, or in a revised form that has been modified and updated across the passage of time. Therefore, by politicising philosophy and its history, Châtelet’s work also shows philosophy to be indicative of a particular cultural moment, rather than as an the state, philosophy, and the tyranny of the logos · isolated discipline cut off from the influences of material life. He establishes a form of ‘rational empiricism’ for conducting a history of political philosophy that rejects universality for potentiality. Said otherwise, his work is indicative of what might be called the poststructuralist critique of historical narrative surrounding the canon of western thought, a critique that Michael Hardt rightfully argues “has problematised the foundations of philosophical and political thought.” However, Châtelet has made important contributions to the poststructuralist approach to theorising the western tradition that remain novel and insightful to a contemporary audience, rather than simply being one of many to problematise philosophy’s purported foundations. (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)

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)

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)

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)

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)

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)

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)

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)

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 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)

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 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)

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)

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)

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)

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)

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 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)

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)

The first and only jurisprudence textbook to put African ideas, authors, and texts into conversation with those from the Western tradition, now with revised and expanded discussions of especially natural law theory, legal realism, postmodernism, critical legal studies, critical race theory, feminism, and the philosophy of punishment, along with new lists of additional readings and of web resources. 430 pp.

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)

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. 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)

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)

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.

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.

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 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.

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)

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)

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)

The aim of this paper is to argue that there has been some mismatch between the naturalist rhetoric of experimental philosophy and its actual practice: experimental philosophy is not necessarily, and not even paradigmatically, a naturalistic enterprise. To substantiate this claim, a case study is given for what genuinely naturalist experimental philosophy would look like.

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)

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)

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)

This paper summarizes recent and ongoing experimental work regarding the reality, nature, effects, and causes of the underrepresentation of women in academic philosophy. We first present empirical data on several aspects of underrepresentation, and then consider various reasons why this gender imbalance is problematic. We then turn to the published and preliminary results of empirical work aimed at identifying factors that might explain it.

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.

Until recently, experimental philosophy has been associated with the questionnaire-based study of intuitions; however, experimental philosophers now adapt a wide range of empirical methods for new philosophical purposes. New methods include paradigms for behavioural experiments from across the social sciences as well as computational methods from the digital humanities that can process large bodies of text and evidence. This book offers an accessible overview of these exciting innovations. The volume brings together established and emerging research leaders from several (...) areas of experimental philosophy to explore how new empirical methods can contribute to philosophical debates. Each chapter presents one or several methods new to experimental philosophy, demonstrating their application in a key area of philosophy and discussing their strengths and limitations. Methods covered include eye tracking, virtual reality technology, neuroimaging, statistical learning, and experimental economics as well as corpus linguistics, visualisation techniques and data and text mining. The volume explores their use in moral philosophy and moral psychology, epistemology, philosophy of science, metaphysics, philosophy of language, philosophy of mind and the history of ideas. Methodological Advances in Experimental Philosophy is essential reading for undergraduates, graduate students and researchers working in experimental philosophy. (shrink)

While Classical Logic (CL) used to be the gold standard for evaluating the rationality of human reasoning, certain non-theorems of CL—like Aristotle’s and Boethius’ theses—appear intuitively rational and plausible. Connexive logics have been developed to capture the underlying intuition that conditionals whose antecedents contradict their consequents, should be false. We present results of two experiments (total n = 72), the first to investigate connexive principles and related formulae systematically. Our data suggest that connexive logics provide more plausible rationality frameworks for (...) human reasoning compared to CL. Moreover, we experimentally investigate two approaches for validating connexive principles within the framework of coherence-based probability logic (Pfeifer & Sanfilippo, 2021). Overall, we observed good agreement between our predictions and the data, but especially for Approach 2. (shrink)