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Reasonableness on the Clapham Omnibus: Exploring the outcome-sensitive folk concept of reasonable

In P. Bystranowski, Bartosz Janik & M. Prochnicki (eds.), Judicial Decision-Making: Integrating Empirical and Theoretical Perspectives. Springer Nature (forthcoming)

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  1. Causation and the Silly Norm Effect.Levin Güver & Markus Kneer - forthcoming - In Stefan Magen & Karolina Prochownik (eds.), Advances of Experimental Philosophy of Law. Bloomsbury Press.
    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 (...)
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  • Outcome Effects, Moral Luck and the Hindsight Bias.Markus Kneer & Iza Skoczeń - manuscript
    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 (...)
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