Markus Kneer

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 the 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 favoured 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 polarisation 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 the dominant methods in moral psychology (e.g. trolley cases) may deliver insights that do not generalise to real-world moral dilemmas.

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.

Several empirical studies have documented an asymmetry in people’s assessments of intentional action, so-called ‘Knobe effect’. Accordingly, foreseen (yet undesired) outcomes that are harmful are judged intentional, whereas foreseen (yet undesired) outcomes that are helpful are judged unintentional. The Knobe-effect has been standardly conceived of in bivalent terms: The presence or absence of perceived intentionality contingent on a negative or positive outcome valence. Unsurprisingly, explanations thereof have a similar bivalent structure: Intentionality ascriptions in Knobe-effect cases are viewed as contingent on the presence or absence of a binary feature—a blameworthy agent, a norm violation, a morally bad outcome, and so on. In this paper, we report the results of two experiments exploring attributions of intentionality (and knowledge) across a range of graded outcomes: very bad, somewhat bad, neutral, somewhat good and very good. The findings suggest that the Knobe-effect data points are but two data points of a broader, more fine-grained phenomenon, and that Knobe effect explanations that have conceived of it in bivalent terms are at best incomplete.

There is a large literature exploring the effect of norms on the attribution of causation. Empirical research on this so-called “norm effect” has predominantly focused on two data points: A situation in which an agent violates a salient norm, and one in which there is no violation of a salient norm. Since the phenomenon is understood in bivalent terms (norm infraction vs. no norm infraction), most explanations thereof have the same structure. In this paper, we report several studies (total N=479) according to which perceived causation depends on the strength of the norm violated – whether strength is conceived in terms of the norm’s strictness, explicitness or associated punishment. Consequently, the norm effect, properly conceived, is not bivalent but graded in nature, the standard data points (norm violation vs. no norm violation) are but a special case of a broader phenomenon. This, we argue, puts pressure on many, if not most, of the current explanations of the norm effect on causation.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Responding to recent concerns about the reliability of the published literature in psychology and other disciplines, we formed the X-Phi Replicability Project to estimate the reproducibility of experimental philosophy. Drawing on a representative sample of 40 x-phi studies published between 2003 and 2015, we enlisted 20 research teams across 8 countries to conduct a high-quality replication of each study in order to compare the results to the original published findings. We found that x-phi studies – as represented in our sample – successfully replicated about 70% of the time. We discuss possible reasons for this relatively high replication rate in the field of experimental philosophy and offer suggestions for best research practices going forward.

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.

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.

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.

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.

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.