Thomas Nadelhoffer

Florida State University In a series of recent papers both Joshua Knobe (2003a; 2003b; 2004) and I (2004a; 2004b; forthcoming) have published the results of some psychological experiments that show that moral considerations influence folk ascriptions of intentional action in both non-side effect and side effect cases.1 More specifically, our data suggest that people are more likely to judge that a morally negative action or side effect was brought about intentionally than they are to judge that a structurally similar non-moral action or side effect was brought about intentionally. So, for instance, if two individuals A and B place a single bullet in a six shooter, spin the chamber, aim the gun, and pull the trigger, but A shoots a person and B shoots a target, people are more likely to say that A shot the person intentionally than they are to say that B shot the target intentionally— even though their respective chances of success (viz., one-in-six) and their control over the outcome are identical in both cases. And while Knobe and I agree that our research creates difficulties for any analysis of the folk concept of intentional action that ignores the biasing effect of moral considerations, we disagree about how best to explain this effect. I have suggested that the moral blameworthiness of an agent can influence folk intuitions about intentional action. In a recent response to my work, Knobe and Mendlow (2004) reject this claim on two separate grounds—one a priori, one empirical. By their lights, not only is my view conceptually confused, but it also allegedly fails to explain the results of a recent experiment they have conducted. On Knobe and Mendlow’s view, it is..

In a previous paper, I suggested that if an agent is a morally praiseworthy person and one of the consequences of the action she knowingly brings about is morally positive, then this consequence isn’t really a side effect for the agent. Adam Feltz has recently developed a case that purportedly puts pressure on my account of side effects. In the present paper, I am going to argue that Feltz’s purported counter-example fails to undermine my view even if it happens to shed new light on the difference between negative side effects and positive fringe benefits. After responding to Feltz’s criticisms, I will conclude by presenting the results of a pilot study that provide prima facie support for my view.

A number of philosophers have recently become increasingly interested in the potential usefulness of fictitious and illusory beliefs.As a result, a wide variety of fictionalisms and illusionisms have sprung up in areas ranging anywhere from mathematics and modality to morality.1 In this paper, we focus on the view that Saul Smilansky has dubbed “free will illusionism”—for example, the purportedly descriptive claim that the majority of people have illusory beliefs concerning the existence of libertarian free will, coupled with the normative claim that because dispelling these illusions would produce negative personal and societal consequences, those of us who are unfortunate enough to know the dangerous and gloomy truth about the nonexistence of libertarian free will should simply keep quiet in the name of the common good.

Michael Pardo and Dennis Patterson have recently put forward several provocative and stimulating criticisms that strike at the heart of much work that has been done at the crossroads of neuroscience and the law. My goal in this essay is to argue that their criticisms of the nascent but growing field of neurolaw are ultimately based on questionable assumptions concerning the nature of the ever evolving relationship between scientific discovery and ordinary language. For while the marriage between ordinary language and scientific discovery is admittedly not always a happy one, it is an awkward union that nevertheless seems to work itself out with the passage of time. In the following pages, I will try to show that Pardo and Patterson’s primary argumentative strategy ultimately depends on basic assumptions concerning the fixity of language that we should reject

There is a longstanding debate in philosophy concerning the relationship between intention and intentional action. According to the Single Phenomenon View, while one need not intend to A in order to A intentionally, one nevertheless needs to have an A-relevant intention. This view has recently come under criticism by those who think that one can A intentionally without any relevant intention at all. On this view, neither distal nor proximal intentions are necessary for intentional action. In this paper we present the results of two studies that explore folk ascriptions of proximal intentions and intentional actions in garden-variety, non-moral cases. Our findings suggest a very tight relationship between the two. We argue that the results from these two studies cohere with the Single Phenomenon View and give theorists who reject this view on conceptual grounds reason to worry.

"The development of modern diagnostic neuroimaging techniques led to discoveries about the human brain and mind that helped give rise to the field of neurolaw. This new interdisciplinary field has led to novel directions in analytic jurisprudence and philosophy of law by providing an empirically-informed platform from which scholars have reassessed topics such as mental privacy and self-determination, responsibility and its relationship to mental disorders, and the proper aims of the criminal law. Similarly, the development of neurointervention techniques that promise to deliver new ways of altering people's minds creates opportunities and challenges that raise important and rich conceptual, moral, jurisprudential, and scientific questions. The specific purpose of this volume is to make a contribution to the field of neurolaw by investigating the legal issues raised by the development and use of neurointerventions "--

Retributivist accounts of punishment maintain that it is right to punish wrongdoers, even if the punishment has no future benefits. Research in experimental economics indicates that people are willing to pay to punish defectors. A complementary line of work in social psychology suggests that people think that it is right to punish wrongdoers. This work suggests that people are retributivists about punishment. However, all of the extant work contains an important potential confound. The target of the punishment is expected to be aware of the punitive act. Thus, it's possible that people punish because they want to communicate something to the wrongdoer, e.g. disapproval, the presence of a norm, etc. In three studies, we examine whether people will punish even when the punishee will be ignorant. We find that people are no less likely to punish when the punishee will be ignorant. This finding emerges both in a survey study and in a monetized behavioural decision study.

Advances in Experimental Philosophy of Free Will and Responsibility brings together leading researchers from psychology and philosophy to present new findings and ideas about human agency and moral responsibility. Their contributions reflect the growth of research in these areas over the past decade and highlight both the ways that philosophy can be relevant to empirical research and how empirical work can be relevant to philosophical investigations. Mixing new empirical work with the meta-philosophical and philosophical upshot of the latest research being done, chapters cover motivated cognition and free will beliefs, folk intuitions about manipulation and agency, mental control in assessments of responsibility, the importance of skilled decision making to free will judgments and the relationship between free will and substance dualism. Blending cutting-edge research from philosophy with methods from psychology, this collection is a compelling example of the value of interdisciplinary approaches, contributing to our understanding of the complex networks of attitudes, beliefs, and judgments that inform how we think about agency and responsibility.

According to the analysis of intentional action that Michael Bratman has dubbed the ‘Simple View’, intending toxis necessary for intentionallyx‐ing. Despite the plausibility of this view, there is gathering empirical evidence that when people are presented with cases involving moral considerations, they are much more likely to judge that the action (or side effect) in question was brought about intentionally than they are to judge that the agent intended to do it. This suggests that at least as far as the ordinary concept of intentional action is concerned, an agent need not intend toxin order toxintentionally.

While some philosophers believe disabilities constitute a “bad-difference,” others think they constitute a “mere-difference” (Barnes 2016). On this latter view, while disabilities may create certain hardships, having a disability is not bad in itself. I argue that chronic pain problematizes this disability-neutral view. In doing so, I first survey the literature on chronic pain (§1). Then, I argue that Barnes’s mere-difference view cannot adequately accommodate the lived experiences of many people who suffer from chronic pain (§2). Next, I consider two ways Barnes might respond and I explain why these responses are not workable (§3). Finally, I conclude with a brief discussion of disability variantism, the view that just as some disabilities can be neutral or even positive for some individuals, other disabilities like chronic pain can understandably make some people’s lives miserable not because society has failed them but simply because some conditions can openly conflict with well-being (§4).

Research on the folk psychology of free will suggests that people believe free will is incompatible with determinism and that human decision-making cannot be exhaustively characterized by physical processes. Some suggest that certain elements of Western cultural history, especially Christianity, have helped to entrench these beliefs in the folk conceptual economy. Thus, on the basis of this explanation, one should expect to find three things: a significant correlation between belief in dualism and belief in free will, that people with predominantly incompatibilist commitments are likely to exhibit stronger dualist beliefs than people with predominantly compatibilist commitments, and people who self-identify as Christians are more likely to be dualists and incompatibilists than people who do not self-identify as Christians. We present the results of two studies that challenge two of these expectations. While we do find a significant correlation between belief in dualism and belief in free will, we found no significant difference in dualist tendencies between compatibilists and incompatibilists. Moreover, we found that self-identifying as Christian did not significantly predict preference for a particular metaphysical conception of free will. This calls into question assumptions about the relationship between beliefs about free will, dualism, and Christianity.

Whether psychopathy is a mental disease or illness can affect whether psychiatrists should treat it and whether it could serve as the basis for an insanity defense in criminal trials. Our understanding of psychopathy has been greatly improved in recent years by new research in psychology and neuroscience. This illuminating research enables us to argue that psychopathy counts as a mental disease on any plausible account of mental disease. In particular, Szasz's and Pickard's eliminativist views and Sedgwick's social constructivist account of mental illness that might exclude psychopathy are not plausible, and there is no reason to exclude psychopathy under Boorse's and Scadding's biomedical accounts, Wakefield's harmful dysfunction account, and the DSM-IV-TR objective harm account of mental disease. The basic reason is that psychopathy involve neural dysfunction that increases risk of serious harm and loss to people with psychopathy.

While some philosophers believe disabilities constitute a “bad-difference,” others think they constitute a “mere-difference” (Barnes 2016). On this latter view, while disabilities may create certain hardships, having a disability is not bad in itself. I argue that chronic pain problematizes this disability-neutral view. In doing so, I first survey the literature on chronic pain (§1). Then, I argue that Barnes’s mere-difference view cannot adequately accommodate the lived experiences of many people who suffer from chronic pain (§2). Next, I consider two ways Barnes might respond and I explain why these responses are not workable (§3). Finally, I conclude with a brief discussion of disability variantism, the view that just as some disabilities can be neutral or even positive for some individuals, other disabilities like chronic pain can understandably make some people’s lives miserable not because society has failed them but simply because some conditions can openly conflict with well-being (§4).

While most philosophers agree that the concept of intentional action plays an important role in our folk psychology, there is still wide-scale disagreement about the precise nature of this role. Unfortunately, there has traditionally been a dearth of empirical data about folk ascriptions of intentional action. Lately, however, philosophers and psychologists have begun making a concerted effort to fill in this empirical lacuna. In this dissertation, I discuss how this research sheds new light on problems in action theory, moral philosophy, and the philosophy of law. First, I set the stage with a discussion of some of the problems traditionally associated with the concept of intentional action. Here, questions include: What is it to do something intentionally? How are intentional actions related to intentions? What is the relationship between intentional action and conative, cognitive, and moral considerations? In this first section, my main goal is to survey the relevant literature from action theory in order to give the reader a perspicuous view of the kinds of debates that shape the philosophical landscape. Having laid out some of the salient problems, I then turn my attention to some recent empirical research on the folk concept of intentional action and discuss the relevance of this research to the philosophy of action. Next, I compare and contrast the folk concepts of intention and intentional action with their legal counterparts. My goal is to flesh out the extent to which these concepts diverge—a problem that is particularly pressing given that in litigated cases involving juries, jurors are often asked to judge whether the defendant acted intentionally, purposely, knowingly, etc. Finally, I flesh out the implications of the aforementioned data on the folk concept of intentional action and moral psychology—especially blame attribution—for the problem of jury partiality. I argue that the biasing effect that moral considerations have on our ascriptions of intentional action further complicates our attempt to ascertain the proper role that the concepts of intention and intentional action should play in criminal proceedings