Frank Hindriks

Intuitions about intentional action have turned out to be sensitive to normative factors: most people say that an indifferent agent brings about an effect of her action intentionally when it is harmful, but unintentionally when it is beneficial. Joshua Knobe explains this asymmetry, which is known as ‘the Knobe effect’, in terms of the moral valence of the effect, arguing that this explanation generalizes to other asymmetries concerning notions as diverse as deciding and being free. I present an alternative explanation of the Knobe effect in terms of normative reasons. This explanation generalizes to other folk psychological notions such as deciding, but not to such notions as being free. I go on to argue, against Knobe, that offering a unified explanation of all the asymmetries he discusses is in fact undesirable

Many morally significant outcomes can be brought about only if several individuals contribute to them. However, individual contributions to collective outcomes often fail to have morally significant effects on their own. Some have concluded from this that it is permissible to do nothing. What I call ‘the problem of insignificant hands’ is the challenge of determining whether and when people are obligated to contribute. For this to be the case, I argue, the prospect of helping to bring about the outcome has to be good enough. Furthermore, the individual must be in a position to increase the probability of its being brought about to an appropriate extent. Finally, I argue that when too few are willing to contribute, people may have a duty to increase their number. Thus, someone can be obligated to contribute or to get others to contribute. This prospect account is consistent with Kantianism, contractualism and rule consequentialism but inconsistent with act consequentialism.

According to the increasingly popular knowledge account, assertion is governed by the rule that speech acts of that kind require knowledge of their content. Timothy Williamson has argued that this knowledge rule is the constitutive rule of assertion. It is argued here that it is not the constitutive rule of assertion in any sense of the term, as it governs only some assertions rather than all of them. A (qualified) knowledge rule can in fact be derived from the traditional analysis of assertion according to which assertion is the linguistic expression of belief. Because it is more informative, this analysis provides a better point of departure for defending the knowledge account than Williamson’s view according to which the knowledge rule is part of the analysis of assertion.

What is the moral significance of the contrast between acting together and strategic interaction? We argue that while collective moral responsibility is not uniquely tied to the former, the degree to which the participants in a shared intentional wrongdoing are blameworthy is normally higher than when agents bring about the same wrong as a result of strategic interaction. One argument for this claim focuses on the fact that shared intentions cause intended outcomes in a more robust manner than the intentions involved in strategic interaction. We argue, however, that this in itself is not significant. The significant difference is rather volitional: The parties to a shared intention are mutually implicated in each other’s will in a distinct way. Since degree of blameworthiness depends on the quality of will an agent displays in her actions, this explains the higher degree of collective blameworthiness associated with shared intentional wrongdoing.

It is a commonplace within philosophy that the ontology of institutions can be captured in terms of constitutive rules. What exactly such rules are, however, is not well understood. They are usually contrasted to regulative rules: constitutive rules (such as the rules of chess) make institutional actions possible, whereas regulative rules (such as the rules of etiquette) pertain to actions that can be performed independently of such rules. Some, however, maintain that the distinction between regulative and constitutive rules is merely a linguistic one. In this paper I present the status account of constitutive rules in order to address this criticism. According to the status account constitutive rules pertain to institutional statuses and statuses are to be understood in terms of status rules. Status rules concern the enabling and constraining roles of institutions, and constitutive rules specify the preconditions that have to be met in order for them to play these roles. Even though I end up endorsing the claim that the distinction mentioned is a linguistic one, I go on to argue that there is an underlying reality that constitutive rules serve to make apparent

Institutions can be strong or weak. But what does this mean? Equilibrium theories equate institutions with behavioural regularities. In contrast, rule theories explicate them in terms of a standard that people are supposed to meet. I propose that, when an institution is weak, a discrepancy exists between the regularity and the standard or rule. To capture this discrepancy, I present a hybrid theory, the Rules-and-Equilibria Theory. According to this theory, institutions are rule-governed behavioural regularities. The Rules-and-Equilibria Theory provides the basis for two measures of institutional strength. First, institutions that pertain to coordination games solve problems of information. Their strength is primarily a matter of the expected degree of compliance. Second, institutions that concern mixed-motive games solve problems of motivation. Their strength can be measured in terms of the weight people attribute to its rule.

Institutions are normative social structures that are collectively accepted. In his book Making the Social World, John R. Searle maintains that these social structures are created and maintained by Status Function Declarations. The article’s author criticizes this claim and argues, first, that Searle overestimates the role that language plays in relation to institutions and, second, that Searle’s notion of a Status Function Declaration confuses more than it enlightens. The distinction is exposed between regulative and constitutive rules as being primarily a linguistic one: whereas deontic powers figure explicitly in regulative rules, they feature only implicitly in constitutive rules. Furthermore, he contends that Searle’s collective acceptance account of human rights cannot adequately account for the fact that people have these rights even when they are not recognized. Finally, It is argued that a conception of collective intentionality that involves collective commitment is needed in order to do justice to the normative dimension of institutions

Mental, mathematical, and moral facts are difficult to accommodate within an overall worldview due to the peculiar kinds of properties inherent to them. In this paper I argue that a significant class of social entities also presents us with an ontological puzzle that has thus far not been addressed satisfactorily. This puzzle relates to the location of certain social entities. Where, for instance, are organizations located? Where their members are, or where their designated offices are? Organizations depend on their members for their existence, but the members of an organization can be where the organization is not. The designated office of an organization, however, need be little more than a mailbox. I argue that the problem can be solved by conceptualizing the relation between social entities and non-social entities as one of constitution, a relation of unity without identity. Constituted objects have properties that cannot be reduced to properties of the constituting objects. Thus, my attempt to solve the Location Problem results in an argument in favor of a kind of non-reductive materialism about the social

Recent empirical research by Joshua Knobe has uncovered two asymmetries in judgements about intentional action and moral responsibility. First, people are more inclined to say that a side effect was brought about intentionally when they regard that side effect as bad than when they regard it as good. Secondly, people are more inclined to ascribe blame to someone for bad effects than they are inclined to ascribe praise for good effects. These findings suggest that the notion of intentional action has a normative component. I propose a theory of intentional action on which one acts intentionally if one fails to be motivated to avoid a bad effect. This explains the asymmetry concerning intentional action. The praise–blame asymmetry is explained in terms of the claim that praise depends on being appropriately motivated, whereas blame does not.

According to John Searle’s well-known Is-Ought Argument, it is possible to derive an ought-statement from is-statements only. This argument concerns obligations involved in institutions such as promising, and it relies on the idea that institutions can be conceptualized in terms of constitutive rules. In this paper, I argue that the structure of this argument has never been fully appreciated. Starting from my status account of constitutive rules, I reconstruct the argument and establish that it is valid. This reconstruction reveals that the soundness of the argument depends on whether collective acceptance as such can generate obligations. Margaret Gilbert has argued that it can, and thus far some of her central arguments have not been addressed. The upshot is that the Is-Ought Argument deserves to be taken seriously once again

Current debates in social ontology are dominated by approaches that view institutions either as rules or as equilibria of strategic games. We argue that these two approaches can be unified within an encompassing theory based on the notion of correlated equilibrium. We show that in a correlated equilibrium each player follows a regulative rule of the form ‘if X then do Y’. We then criticize Searle's claim that constitutive rules of the form ‘X counts as Y in C’ are fundamental building blocks for institutions, showing that such rules can be derived from regulative rules by introducing new institutional terms. Institutional terms are introduced for economy of thought, but are not necessary for the creation of social reality.

Individualists claim that collective obligations are reducible to the individual obligations of the collective’s members. Collectivists deny this. We set out to discover who is right by way of a deontic logic of collective action that models collective actions, abilities, obligations, and their interrelations. On the basis of our formal analysis, we argue that when assessing the obligations of an individual agent, we need to distinguish individual obligations from member obligations. If a collective has a collective obligation to bring about a particular state of affairs, then it might be that no individual in the collective has an individual obligation to bring about that state of affairs. What follows from a collective obligation is that each member of the collective has a member obligation to help ensure that the collective fulfills its collective obligation. In conclusion, we argue that our formal analysis supports collectivism.

Many models in economics are very unrealistic. At the same time, economists put a lot of effort into making their models more realistic. I argue that in many cases, including the Modigliani-Miller irrelevance theorem investigated in this paper, the purpose of this process of concretization is explanatory. When evaluated in combination with their assumptions, a highly unrealistic model may well be true. The purpose of relaxing an unrealistic assumption, then, need not be to move from a false model to a true one. Instead, it may be providing an explanation of some phenomenon by invoking the factor that figures in the assumption. This idea is developed in terms of the contrastive account of explanation. It is argued that economists use highly unrealistic assumptions to determine a contrast that is worth explaining. The process of concretization also motivates new explanatory questions. A high degree of explanatory power, then, may well be due to a high number of unrealistic assumptions. Thus, highly unrealistic models can be powerful explanatory engines. Key Words: concretization • explanation • explanatory power • idealization • model • Modigliani-Miller theorem • unrealistic assumption.

Paradoxical results concerning judgment aggregation have recently been invoked to defend the thesis that a corporate agent can be morally responsible for a decision without any of its individual members bearing such responsibility. I contend that the arguments offered for this irreducibility thesis are inconclusive. They do not pay enough attention to how we evaluate individual moral responsibility, in particular not to the role that a flawed assessment of the normative reasons that bear on the issue to be decided on play in this context. I go on to propose a method for distributing corporate responsibility to individual members within the judgment aggregation framework.

Corporate freedom is the freedom of a collective agent to perform a joint action. According to a reductive account, a collective or corporate agent is free exactly if the individuals who constitute the corporate agent are free. It is argued that individual freedoms are neither necessary nor sufficient for corporate freedom. The alternative account proposed here focuses on the performance of the joint action by the corporate agent itself. Subsequently, the analysis is applied to Cohen’s (1983) analysis of proletarian freedom. Cohen claims that proletarians are individually free but collectively unfree to leave the proletariat. I argue that, pace Cohen, such a contrast between individual and collective freedom can only exist if collective freedom is interpreted in terms of corporate freedom

Skill or control is commonly regarded as a necessary condition for intentional action. This received wisdom is challenged by experiments conducted by Joshua Knobe and Thomas Nadelhoffer, which suggest that moral considerations sometimes trump considerations of skill and control. I argue that this effect (as well as the Knobe effect) can be explained in terms of the role normative reasons play in the concept of intentional action. This explanation has significant advantages over its rivals. It involves at most a conservative extension rather than a radical revision of what we tend to believe about intentional action, and it fits better with the way we conceive of the relation between intentional action and moral responsibility

A modest solution to the problem(s) of rule-following is defended against Kripkensteinian scepticism about meaning. Even though parts of it generalise to other concepts, the theory as a whole applies to response-dependent concepts only. It is argued that the finiteness problem is not nearly as pressing for such concepts as it may be for some other kinds of concepts. Furthermore, the modest theory uses a notion of justification as sensitivity to countervailing conditions in order to solve the justification problem. Finally, in order to solve the normativity problem, it relies on substantial specifications of normal conditions such as those that have been proposed by Crispin Wright and Mark Johnston, rather than on Philip Pettit's functionalist specification. This theory is modest in that it does not meet the demands of Kripke's sceptic in full. Arguments are provided as to why this is not needed

Many philosophers deny that happiness can be equated with pleasurable experiences. Nozick introduced an experience machine thought experiment to support the idea that happiness requires pleasurable experiences that are “in contact with reality.” In this thought experiment, people can choose to plug into a machine that induces exclusively pleasurable experiences. We test Nozick’s hypothesis that people will reject this offer. We also contrast Nozick’s experience machine scenario with scenarios that are less artificial, and offer options which are less invasive or disruptive than being connected to a machine, specifically scenarios in which people are offered an experience pill or a pill that improves overall functioning.

People sometimes make moral judgments on the basis of brief emotional episodes. I follow the widely established practice of referring to such affective responses as intuitions (Haidt 2001, 2012; Bedke 2012, Copp 2012). Recently, a number of moral psychologists have argued that moral judgments are never more than emotion- or intuition-based pronouncements on what is right or wrong (Haidt 2001, Nichols 2004, Prinz 2007). A wide variety of empirical findings seem to support this claim. For example, some argue that arbitrary emotional responses or intuitions induced under hypnosis elicit moral judgments (Wheatly and Haidt 2005). Furthermore, intuitions function as the point of last resort in attempts to justify moral judgments (Haidt, Björklund, and Murphy 2000). On the basis of such evidence, psychologists such as Jonathan Haidt (2001, 2012) and philosophers such as Shaun Nichols (2004) and Jesse Prinz (2007) defend what I call ‘Subjective Sentimentalism’, which consists of three claims a

Famously Ryle imagined a visitor who has seen the colleges, departments, and libraries of a university but still wonders where the university is. The visitor fails to realize that the university consists of these organizational units. In this paper I ask what exactly the relation is between institutional entities such as universities and the entities they are composed of. I argue that the relation is constitution, and that it can be illuminated in terms of constitutive rules. The understanding of the ontology of institutions that constitutive rules provide, however, is incomplete. In order to capture the practical significance of institutions, I introduce the notion of a status rule. Status rules concern the normative powers of institutions. The status account of institutions defended here is used to solve the problem of freestanding status terms: it turns out to be rather difficult to identify the entities of which statuses such as corporations and electronic money are composed. Unable to solve this problem, Searle concludes that they are created out of thin air. I criticize this claim and argue that these statuses are imposed on persons.

Corporate responsibility requires a conception of collective agency on which collective agents are able to form moral judgments and act on them. In spite of claims to the contrary, existing accounts of collective agency fall short of this kind of corporate autonomy, as they fail to explain how collective agents might be responsive to moral reasons. I discuss how a recently proposed conception of shared valuing can be used for developing a solution to this problem. Although the resulting conception of corporate autonomy is useful for making sense of corporate responsibility, it also gives rise to what I call ‘the Corporate Autonomy Problem’. Autonomous collective agents are in principle entitled to the same rights as autonomous individual agents. However, at least some individual rights, such as the right to vote, the right to life, and the right not to be enslaved cannot plausibly be attributed to collective agents. This intuition is supported by normative individualism, the position according to which corporate agents are not entitled to non-derivative rights at all. I argue that without a proper solution to this problem—I sketch the available options—saving corporate responsibility requires giving up on normative individualism

Institutions generate cooperative benefits that explain why they exist and persist. Therefore, their etiological function is to promote cooperation. The function of a particular institution, such as money or traffic regulations, is to solve one or more cooperation problems. We go on to argue that the teleological function of institutions is to secure values by means of norms. Values can also be used to redesign an institution and to promote social change. We argue, however, that an adequate theory of institutions should not be ‘moralized’ in that they should not be defined in terms of the values they are supposed to promote.

Recent experiments in moral psychology have been taken to imply that moral reasoning only serves to reaffirm prior moral intuitions. More specifically, Jonathan Haidt concludes from his moral dumbfounding experiments, in which people condemn other people’s behavior, that moral reasoning is biased and ineffective, as it rarely makes people change their mind. I present complementary evidence pertaining to self-directed reasoning about what to do. More specifically, Albert Bandura’s experiments concerning moral disengagement reveal that moral reasoning often does contribute effectively to the formation of moral judgments. And such reasoning need not be biased. Once this evidence is taken into account, it becomes clear that both cognition and affect can play a destructive as well as a constructive role in the formation of moral judgments

ABSTRACTEpstein compares models of group agents that focus on their internal organization to models that focus on the statuses they have. He argues that status models are inadequate because agency is not something that can be attributed by fiat. Even if this is true, however, certain agential powers can be attributed to group agents. I argue that Epstein’s arguments stand to benefit a lot from recognizing that some group agents have statuses and constitute corporate agents. For instance, only corporate agents can exist without having members.

In light of recent empirical data, many psychologists and philosophers have turned away from rationalism about moral judgment and embraced sentimentalism. In the process, they have rejected the classical “moral signature” as a way of distinguishing moral from conventional norms in favor of a sentimentalist approach to carving out the moral domain. In this paper, we argue that this sentimentalist turn has been made prematurely. Although we agree that the experiments reveal that the classical approach is flawed, we propose to replace it with an alternative, according to which a norm is moral precisely if it is justifiable to all. This does not hold for most norms based on disgust or loyalty to a particular community. We accommodate the fact that such norms are not merely conventional by introducing a third domain, the domain of ethics. Our proposal reveals that (psychological) rationalism is still a viable option, as a lot of the experimental evidence that features emotions concerns the domain of ethics rather than morality.

In the literature on social ontology, two perspectives on collective agency have been developed. The first is the internal perspective, the second the external one. The internal perspective takes the point of view of the members as its point of departure and appeals, inter alia, to the joint intentions they form. The idea is that collective agents perform joint actions such as dancing the tango, organizing prayer meetings, or performing symphonies. Such actions are generated by joint intentions, a topic which has been investigated extensively in recent decades.1 The external perspective takes the point of view of outsiders as its point of departure. Here the idea is that outsiders ascribe certain properties to collections of individuals that thereby acquire a new status. An example that is discussed in some detail below is provided by universities that, at least initially, had to be recognized by the pope in order to perform the actions that are characteristic of universities, in particular the awarding of academic degrees. This perspective has received considerably less attention.2 In this paper I present and defend a new account of collective agents from the external perspective. I call it ‘the status account’. At the heart of this account lies the idea just mentioned. A collective agent can come into existence by outsiders granting a collection of individuals some kind of status. I call a collective agent for which this holds a ‘corporate agent’, because such an agent is or has been, in a sense to be explained, incorporated. I develop this idea by distinguishing between two kinds of rules: status rules and constitutive rules. Status rules explicate the normative attributes that are characteristic of a particular kind of corporate agent. Constitutive rules specify the conditions that have to be met for a certain collection of individuals to have those attributes. The status account shares some important features with John Searle’s social ontology.3 The advantages that my account has over Searle’s are discussed in section 2.2, immediately after the account has been introduced in section 2.1. Before doing that, however, I shall discuss the internal perspective..