Recent developments in theories for responsible innovation have focused on the importance of actively accounting for values in our technological designs. Leading among these theories is that of Value Sensitive Design which attempts to guide the design process on the basis of evaluative analysis. However, values often come into conflict and VSD has been criticized for not providing a proper method to resolve such inevitable conflicts. This paper examines three such methods and argues that although each has its merits, they (...) all fail to account for a common source of value conflicts known as value incommensurability. Drawing on literature from the field of axiology, this paper argues that by incorporating the evaluative relation of ‘parity’ each of these three methods, and the VSD framework in general, will be able to properly understand the relation which holds between conflicting design options stemming from the incommensurable of values and be able to guide designers in making rational decision in the face of such conflicts. (shrink)

Organizations have neither a right to the vote nor a weighty right to life. We need not enfranchise Goldman Sachs. We should feel few scruples in dissolving Standard Oil. But they are not without rights altogether. We can owe it to them to keep our promises. We can owe them debts of gratitude. Thus, we can owe some things to organizations. But we cannot owe them everything we can owe to people. They seem to have a peculiar, fragmented moral status. (...) What explains this? Individualistic views explain this in terms of individualistic notions alone. Such notions don’t invoke any distinctive features of organizations. They just invoke the features of individual members of organizations. Collectivistic views, instead, explain this in terms of collective notions alone. Such notions don’t invoke the features of individual members of organizations. They just invoke the features of those organizations. We argue that neither approach works. Instead, one needs to synthesize the two approaches. Some individual interests, we think, are distinctively collective. We, as individuals, have a distinctive interest in playing a part in successful collective action. From this, so we argue, flows the apparently peculiar, fragmented moral status of organizations. (shrink)

In this paper we provide the first comprehensive insight into corporate community involvement activities of companies in Turkey. Drawing upon an extensive database compiled from corporate websites and archive documents in addition to a primary survey of 77 of Turkey’s largest companies, we examine the pattern of corporate community activities in Turkey and juxtapose these against existing evidence for other countries and distinctive elements of Turkey’s institutional environment. Our analysis highlights the historical role played by leading philanthropists in stimulating corporate (...) community involvement activities in Turkey and shows that overall giving is very heavily concentrated among the largest givers. We also highlight the concentration of giving among consumer good producers, suggesting a clear strategic rationale for the majority of CCI activity in Turkey, the very low levels of giving by foreign owned and controlled companies, and the strong orientation of CCI in Turkey to projects concerned with education, healthcare and the arts. (shrink)

Prior research has tended to focus on the influences upon how much organizations contribute to charitable or community cases paying relatively little attentionto the recipients of these donations or how firms develop preferences in respect of them. This study, in order to fill these gaps in the literature, focuses on two main aspects of CCI within 500 biggest companies situated in Turkey. Firstly, it aims to explore how companies manage their CCI activities. The type and level of the managers who (...) are the decision makers and the departments from which CCI decisions are taken will be examined. This helps to understand the potential objectives and strategic importance of giving. Also it shows whether a firm has a stable orientation to CCI, or a more ad hoc orientation. Secondly, it aims to analyze the preferences of companies in respect of the area of priorities and exclusions. We argue that institutional environments can shape the CCI activities. Exploring the local conditions of the countries can give reasons for investment in specific areas. (shrink)

Prior research that analyses the cross-firm variation in the prevalence of women on corporate boards has tended to emphasise the importance of firm and industry-level factors, such as firm size, the quality of corporate governance, and the proximity to final consumers. In contrast, very little research has explored the role of national institutional factors for this important phenomenon. In this study, we explore the relative importance of country, industry, and firm-level factors in explaining the cross-firm variation in the proportion of (...) directorships occupied by female directors. Findings indicate that while all levels of influence are significant, country-level effects are a highly-important and under-researched antecedent of the presence of women on corporate boards. (shrink)

How ought you to evaluate your options if you’re uncertain about which axiology is true? One prominent response is Expected Moral Value Maximisation, the view that under axiological uncertainty, an option is better than another if and only if it has the greater expected moral value across axiologies. EMVM raises two fundamental questions. First, there’s a question about what it should even mean. In particular, it presupposes that we can compare moral value across axiologies. So to even understand EMVM, we (...) need to explain what it is for such comparisons to hold. Second, assuming that we understand it, there’s a question about whether EMVM is true. Since there are many plausible rivals, we need an argument to defend it. In this paper, I’ll introduce a representation theorem for axiological uncertainty to answer these two questions. Roughly, the theorem shows that if all our axiologies satisfy the von Neumann–Morgenstern axioms, and if the facts about which options are better than which in light of your uncertainty also satisfy these axioms as well as a Pareto condition, then these facts have a relevantly unique expected utility representation. If I’m right, this theorem at once affords us a compelling way to understand EMVM—and specifically intertheoretic comparisons—and a systematic argument for its truth. (shrink)

The normative mechanics of promising seem complex. The strength and content of promissory obligations, and the residual duties they entail upon being violated, have various prima facie surprising features. We give an account to explain these features. Promises have a point. The point of a promise to φ is a promise-independent reason to φ for the promisee’s sake. A promise turns this reason into a duty. This explains the mechanics of promises. And it grounds a nuanced picture of immoral promises, (...) an argument against promissory bare wrongings, and a constraint on theories of why we have promissory obligations at all. (shrink)

The identity of indiscernibles states that indiscernible objects must be identical. Many philosophers have held that the PII turns out to be either true but trivial, or non-trivial but false, depending on how the notion of discernibility is spelled out. In this paper, I propose and defend an account of this notion which aims to yield a minimally non-trivial and yet plausible version of the PII. I argue moreover that this version of the principle is immune to a number of (...) well-known and recent objections to the PII. (shrink)

The standard view of ignorance is that it consists in the mere lack of knowledge or true belief. Duncan Pritchard has recently argued, against the standard view, that ignorance is the lack of knowledge/true belief that is due to an improper inquiry. I shall call, Pritchard’s alternative account the Normative Account. The purpose of this article is to strengthen the Normative Account by providing an independent vargument supporting it.

Calendars, as old as humanity itself, emerged out of the attempt to break down time in units and give meaning to life and time. As far as Islam is concerned, calendar as a subject gain more importance because identifying daily and yearly rituals and performing the rituals related to time on their specific time is an essential part of Islamic religious life. With a circulation of three million yearly and more than ten million readers, the calendar printed by the Presidency (...) for Religious Affairs of Turkey is a significant instrument in forming, changing and maintaining religious perceptions. We were led to do such a study by the lack of academic studies regarding this aspect of the calendars. The study is based on the texts placed on the frontal and back sides of the calendars printed and distributed by the Presidency for Religious Affairs in the years of 2002, 2007 and 2011. The texts have been analysed by the textual analysis method and the changes in religious perceptions have been pointed out. Unlike the expected institutional continuity, when the three periods compared, it is observed that considerable perception changes have taken place; many subjects have been left out while many have been introduced into the calendars. The study found out that as the years progressed and the periods passed, the calendars also changed dramatically. The most apparent change occurred in the calendars was global understanding in choosing or replacing the subjects. This means that the 2007 and 2011 calendars have excluded some national and spiritual values that were thought to be outmoded globally but included in the 2002 calendar. This also signifies a breaking point in religious perceptions of the Presidency for Religious Affairs. (shrink)

This book theorizes and applies critical communication pedagogy in mediated contexts, including social justice-oriented approaches, to the use of both traditional and new media in the classroom.

On May 13, 2014, a fire due to the combustion of accumulated methane gas in the Soma Eynez Mine in Turkey killed 301 miners. This case chronicles the events on the day of the accident and investigates the factors leading up to it. It depicts the chaos and confusion resulting from missing emergency protocol, inadequate responses of major stakeholders such as safety experts in the mine, company executives, and the political leadership at the ministry and prime ministry levels. It shows (...) how the interplay of a culture of leniency towards mining safety, insufficient mining policies and even less effective inspections coupled with nepotism and the local population’s desperation for work, all led to serious neglect in a major mine resulting in needless deaths. The Soma Eynez Mine disaster highlights how corporate greed fed into breaches of mining protocol and ethical conduct, eventually leading to the bankruptcy of a mining conglomerate and the imprisonment of 14 men. (shrink)

This paper discusses the volenti non fit injuria maxim. The volenti maxim states that a person is not wronged by that to which she consents, provided her consent is valid. I will argue, however, that the volenti maxim does not apply to all instances of valid consent. In some cases the consenter is wronged even if his consent is valid. Valid consent can only release others from consent-sensitive duties, not from consent-insensitive duties. If the consentee flouts a consent-insensitive duty the (...) consentee wrongs the consenter and thereby commits a wrong. (shrink)

Thus Plotinus (what is his status in the history of metaphysics and in the "Platonic" era, if one follows Heidegger's reading?), who speaks of presence, that is, also of morphē, as the trace of nonpresence, as the amorphous (to gar ikhnos tou amorphous morphē). A trace which is neither absence nor presence, nor, in whatever modality, a secondary modality.In his reading of Heidegger in his 2003 seminar, published as The Beast and the Sovereign, Derrida is particularly troubled by one particular (...) aspect of Heidegger: Heidegger's "superabundant use" of the language of Walten.1 "As you see," Derrida writes of Heidegger's use of Walten, "late in my life of reading Heidegger, I have just discovered a word that seems to .. (shrink)

Intuitively, we lack the standing to blame others in light of moral norms that we ourselves don't take seriously: if Adam is unrepentantly aggressive, say, he lacks the standing to blame Celia for her aggressiveness. But why does blame have this feature? Existing proposals try to explain this by reference to specific principles of normative ethics – e.g. to rule‐consequentialist considerations, to the wrongness of hypocritical blame, or principles of rights‐forfeiture based on this wrongness. In this paper, I suggest a (...) fundamentally different approach. Employing Timothy Williamson's idea of ‘constitutive rules’ of speech acts, I argue that this feature of blame is simply constitutive of any essentially moral form of disapproval. So if Adam had the standing to disapprove of Celia's aggressiveness in some form, necessarily, this disapproval couldn't be blame. If I'm right, this proposal thus not only answers our main question, but also sheds an interesting novel light on the very nature of blame. If we didn't have a form of disapproval with that feature, we wouldn't have our practice of holding each other to moral norms. (shrink)

In this paper I argue for the following conclusions. First, quotas are not normative goals in themselves but only a means to reach non-discriminatory selection procedures. Second, in a democracy quotas are most plausibly used as a means to fill offices in those bodies which have a major impact on how well interests or discourses are translated into policy. Third, quotas for the young can be justified since, due to demographic development, their discourses tend to be marginalized. Fourth, youth quotas (...) cannot be a means to ensure long-term policy-making, but they can enhance legitimacy of long-term impacts from policy decisions taken today. (shrink)

How do we change the normative landscape by making requests? It will be argued that by making requests we create reasons for action if and only if certain conditions are met. We are able to create reasons if and only if doing so is valuable for the requester, and if they respect the requestee. Respectful requests have a normative force – it will be argued – because it is of instrumental value to us that we all have the normative power (...) of creating reasons by making requests. The normative power has the potential for creating and shaping valuable interactions and relationships for the requester and the requestee. This potential could not be realized if we did not have the normative power of making requests. It will also be shown why this account of the normative force of requests should be preferred to the two alternative accounts of the reason-giving force of requests that have been put forward by James H.P. Lewis and David Enoch. (shrink)

Many people think that if you're uncertain about which moral theory is correct, you ought to maximize the expected choice-worthiness of your actions. This idea presupposes that the strengths of our moral reasons are comparable across theories – for instance, that our reasons to create new people, according to total utilitarianism, can be stronger than our reasons to benefit an existing person, according to a person-affecting view. But how can we make sense of such comparisons? In this article, I introduce (...) a constructivist account of intertheoretic comparisons. On this account, such comparisons don't hold independently of facts about morally uncertain agents. They're simply the result of an ideal deliberation in terms of certain epistemic norms about what you ought to do in light of your uncertainty. If I'm right, this account is metaphysically more parsimonious than some existing proposals, and yet has plausible and strong implications. (shrink)

Is it appropriate to blame people unequally if the only difference between them was a matter of luck? Suppose Alice would drive recklessly if she could, Belen drove recklessly but didn’t harm anyone, and Cleo drove recklessly and killed a child. Luck-advocates emphasize that in real life we do blame such agents very unequally. Luck-skeptics counter that people aren’t responsible for factors beyond their control, or beyond their quality of will. I’ll defend a somewhat reconciliatory view. I’ll concede to the (...) skeptics that these agents are equally culpable. Nonetheless, I’ll suggest with the luck-advocates that it’s fitting to blame them unequally. That’s because their culpability is unequally significant for us: Cleo’s culpability concerns us more than Belen’s, and Belen’s more than Alice’s—just like the fault of a close aggressor concerns us more than that of an aggressor far off in place and time. And it’s fitting for us to respond with more blame to faults that concern us more. Indeed, blaming people simply in proportion to their culpability manifests a form of fetishism, or problematic mere-matter-of-principle concern. So while many skeptical tenets may hold, in substance the luck-advocates are right. (shrink)

A growing body of literature has revealed ordinary causal judgement to be sensitive to normative factors, such that a norm-violating agent is regarded more causal than their non-norm-violating counterpart. In this paper, we explore two competing explanations for this phenomenon: the Responsibility View and the Bias View. The Bias View, but not the Responsibility View, predicts features peripheral to the agent’s responsibility to impact causal attributions. In a series of three preregistered experiments (N = 1162), we present new evidence that (...) the Norm Effect arises from such peripheral features, namely from nonpertinent or entirely silly norm violations. Furthermore, we show that this effect cannot be explained by recourse to the agent’s foreknowledge or desire of the outcome, nor by its foreseeability: the Norm Effect arises even when participants judge the norm-violating agent’s doing as equally foreseeable. This, we argue, provides evidence in favour of the Bias View. (shrink)

In much of the current academic and public discussion, conspiracy theories are portrayed as a negative phenomenon, linked to misinformation, mistrust in experts and institutions, and political propaganda. Rather surprisingly, however, philosophers working on this topic have been reluctant to incorporate a negatively evaluative aspect when either analyzing or engineering the concept conspiracy theory. In this paper, we present empirical data on the nature of the concept conspiracy theory from five studies designed to test the existence, prevalence and exact form (...) of an evaluative dimension to the ordinary concept conspiracy theory. These results reveal that, while there is a descriptive concept of conspiracy theory, the predominant use of conspiracy theory is deeply evaluative, encoding information about epistemic deficiency and often also derogatory and disparaging information. On the basis of these results, we present a new strategy for engineering conspiracy theory to promote theoretical investigations and institutional discussions of this phenomenon. We argue for engineering conspiracy theory to encode an epistemic evaluation, and to introduce a descriptive expression—such as ‘conspiratorial explanation’—to refer to the purely descriptive concept conspiracy theory. (shrink)

Conceptual engineering is thought to face an ‘implementation challenge’: the challenge of securing uptake of engineered concepts. But is the fact that implementation is challenging really a defect to be overcome? What kind of picture of political life would be implied by making engineering easy to implement? We contend that the ambition to obviate the implementation challenge goes against the very idea of liberal democratic politics. On the picture we draw, the implementation challenge can be overcome by institutionalizing control over (...) conceptual uptake, and there are contexts—such as professions that depend on coordinated conceptual innovation—in which there are good reasons to institutionalize control in this fashion. But the liberal fear of this power to control conceptual uptake ending up in the wrong hands, combined with the democratic demand for freedom of thought as a precondition of genuine consent, yields a liberal democratic rationale for keeping implementation challenging. (shrink)

Philosophers and linguists currently lack the means to reliably identify evaluative concepts and measure their evaluative intensity. Using a corpus-based approach, we present a new method to distinguish evaluatively thick and thin adjectives like ‘courageous’ and ‘awful’ from descriptive adjectives like ‘narrow,’ and from value-associated adjectives like ‘sunny.’ Our study suggests that the modifiers ‘truly’ and ‘really’ frequently highlight the evaluative dimension of thick and thin adjectives, allowing for them to be uniquely classified. Based on these results, we believe our (...) operationalization may pave the way for a more quantitative approach to the study of thick and thin concepts. (shrink)

Conceptual engineering is the method for assessing and improving our concepts. However, little has been written about how best to conceive of concepts for the purposes of conceptual engineering. In this paper, I aim to fill this foundational gap, proceeding in three main steps: First, I propose a methodological framework for evaluating the conduciveness of a given concept of concept for conceptual engineering. Then, I develop a typology that contrasts two competing concepts of concept that can be used in conceptual (...) engineering — namely, the philosophical and psychological ones. Finally, I evaluate these two concepts of concept using the proposed methodological framework and I show that, when it comes to making conceptual engineering an actionable method, the psychological concept of concept outclasses its philosophical counterpart on all counts. This provides a baseline from which the concept of concept can be further improved for the purposes of conceptual engineering. (shrink)

Some of philosophy's most central concepts, including art, friendship, and happiness, have been argued to be dual character concepts. Their main characteristic is that they encode not only a descriptive dimension but also an independent normative dimension for categorization. This article introduces the class of dual character concepts and discusses various accounts of their content and structure. A specific focus will be placed on their relation to two other classes of concepts, thick concepts and natural kind concepts. The study of (...) dual character concepts not only demonstrates that a wide range of concepts is inherently normative, but it also reveals new possibilities for investigating gender biases, generics, and social roles. (shrink)

Most philosophers have largely downplayed any relevance of multiple meanings of the folk concept of truth in the empirical domain. However, confusions about what truth is have surged in political and everyday discourse. In order to resolve these confusions, we argue that we need a more accurate picture of how the term ‘true’ is in fact used. Our experimental studies reveal that the use of ‘true’ shows substantial variance within the empirical domain, indicating that ‘true’ is ambiguous between a correspondence (...) and a coherence reading. We then explore the consequences of these results for the project of re-engineering truth. (shrink)

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. (shrink)

Conceptual engineering is the method for assessing and improving our representational devices. On its ‘broad-spectrum’ version, it is expected to be appropriately applicable to any of our representation-involving cognitive activities, with major consequences for our whole cognitive life. This paper is about the theoretical foundations of conceptual engineering thus characterised. With a view to ensuring the actionability of conceptual engineering as a broad-spectrum method, it addresses the issue of how best to construe the subject matter of conceptual engineering and successively (...) defends the theses that conceptual engineering should be: (i) About concepts, (ii) psychologically theorised, (iii) as multiply realised functional kinds. Thereby, I claim to theoretically secure and justify the maximum scope, flexibility, and impact for the method of conceptual engineering on our representational devices in our whole cognitive life—in other words, a broad-spectrum version of conceptual engineering. (shrink)

According to conciliatory views on the significance of disagreement, it’s rational for you to become less confident in your take on an issue in case your epistemic peer’s take on it is different. These views are intuitively appealing, but they also face a powerful objection: in scenarios that involve disagreements over their own correctness, conciliatory views appear to self-defeat and, thereby, issue inconsistent recommendations. This paper provides a response to this objection. Drawing on the work from defeasible logics paradigm and (...) abstract argumentation, it develops a formal model of conciliatory reasoning and explores its behavior in the troubling scenarios. The model suggests that the recommendations that conciliatory views issue in such scenarios are perfectly reasonable—even if outwardly they may look odd. (shrink)

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. (shrink)

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 tastes of a speaker change, so does the truth value of a previously uttered taste claim, and if it is false, the speaker is required to retract it. Both views make strong empirical assumptions, which are here put to the test for the first time 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. (shrink)

Ethics in managing climate change most often involves two issues that are tightly connected. The first involves considerations about the just distribution of entitlements and burdens, and the second concerns the fair differentiation of responsibilities. The chapter explains the most important ethical implications of international climate politics and shows why justice plays a key role in all areas of climate policy. Furthermore, it introduces the main domains of climate justice: historical, global, and intergenerational justice. Depending on the policy area at (...) issue, different combinations of principles of climate justice seem most appropriate. The chapter concludes by showing that the differentiation of responsibilities depends not only on which principles of justice are employed but also on the particular climate policy area and level that are at issue. (shrink)

It is often argued that there are no practical reasons for belief because we could not believe for such reasons. A recent reply by pragmatists is that we can often believe for practical reasons because we can often cause our beliefs for practical reasons. This paper reveals the limits of this recently popular strategy for defending pragmatism, and thereby reshapes the dialectical options for pragmatism. I argue that the strategy presupposes that reasons for being in non-intentional states are not reducible (...) to reasons to act. Pragmatists who want to preserve a motivational constraint on reasons therefore have exactly two options: either arguing that there are irreducible reasons for being in non-intentional states ; or arguing that we can believe directly for practical reasons. I argue that the prospects for the former option are dim because irreducible reasons to be in states are hard to square with the motivational constraint on reasons. Returning to the more traditional route of arguing for pragmatism by defending a version of doxastic voluntarism therefore seems to be the more promising way for pragmatists to go. (shrink)

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. (shrink)

Although collegial relationships are among the most prevalent types of interpersonal relationships in our lives, they have not been the subject of much philosophical study. In this paper, we take the first step in the process of developing an ethics of collegiality by establishing what qualifies two people as colleagues and then by determining what it is that gives value to collegial relationships. We argue that A and B are colleagues if both exhibit sameness regarding at least two of the (...) following three features: the same work content or domain of activity; the same institutional affiliation or common purpose; and/or the same status or level of responsibility. Moreover, we describe how the potential value of collegial relationships is grounded in the relationship goods that two colleagues have reason to generate qua colleagues, namely, collegial solidarity and collegial recognition. Two interesting conclusions that can be drawn from our analysis are that one has to be proficient at one’s work if one is to be considered a good colleague and that we are also more likely to be better colleagues if we regard the work we do as valuable. Finally, we draw special attention to the working conditions that are conducive to the generation of good collegial relationships and suggest some policies to promote them. (shrink)

Affect-based theorists and life satisfaction theorists disagree about the nature of happiness, but agree about this methodological principle: a philosophical theory of happiness should be in line with the folk concept HAPPINESS. In this article, we present two empirical studies indicating that it is affect-based theories that get the folk concept HAPPINESS right: competent speakers judge a person to be happy if and only if that person is described as feeling pleasure/good most of the time. Our studies also show that (...) the judgement that a person is feeling pleasure/good most of the time reliably brings about the judgement that they are satisfied with their life, even if that person is described as not satisfied. We suggest that this direct causal relation between the concepts POSITIVE AFFECT and LIFE SATISFACTION might explain why many philosophers have been attracted to life satisfaction theories. (shrink)

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. (shrink)