Jan García Olier

This article examines whether the folk concept of DISCRIMINATION is inherently evaluative or purely descriptive. Two corpus analyses reveal a historical shift, with “discrimination” evolving from a neutral to an evaluative term. The results of a cancelability test show that denying the evaluative aspect of “discriminatory” leads to contradictions, indicating the communication of moral judgment by default. In a vignette study, we demonstrate that cases often cited as examples of descriptive discrimination are judged either non-discriminatory or morally wrongful. These results support the Moralized View, challenging the Descriptive View, and propose DISCRIMINATION to be a thick concept blending descriptive and evaluative content.

Is it tautological to call an action "wrongful discrimination?" Some philosophers and political theorists answer this question in the affirmative and claim that the term "discrimination" is intrinsically evaluative. Others agree that "discrimination" usually conveys the action’s moral wrongness but claim that the term can be used in a purely descriptive way. In this paper, we present two corpus studies and two experiments designed to test whether the folk concept of discrimination is evaluative. We demonstrate that the term has undergone a historical development and is nowadays no longer used purely descriptively. Further, we show that this evaluation cannot be cancelled without yielding a contradiction. We conclude that the descriptive use of "discriminatory" is a thing of the past.

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.