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Kevin Tobia [25]Kevin P. Tobia [18]Kevin Patrick Tobia [7]
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Kevin Tobia
Georgetown University
  1. Estimating the Reproducibility of Experimental Philosophy.Florian Cova, Brent Strickland, Angela Abatista, Aurélien Allard, James Andow, Mario Attie, James Beebe, Renatas Berniūnas, Jordane Boudesseul, Matteo Colombo, Fiery Cushman, Rodrigo Diaz, Noah N’Djaye Nikolai van Dongen, Vilius Dranseika, Brian D. Earp, Antonio Gaitán Torres, Ivar Hannikainen, José V. Hernández-Conde, Wenjia Hu, François Jaquet, Kareem Khalifa, Hanna Kim, Markus Kneer, Joshua Knobe, Miklos Kurthy, Anthony Lantian, Shen-yi Liao, Edouard Machery, Tania Moerenhout, Christian Mott, Mark Phelan, Jonathan Phillips, Navin Rambharose, Kevin Reuter, Felipe Romero, Paulo Sousa, Jan Sprenger, Emile Thalabard, Kevin Tobia, Hugo Viciana, Daniel Wilkenfeld & Xiang Zhou - 2018 - Review of Philosophy and Psychology (1):1-36.
    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 (...)
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  2. Moral Intuitions: Are Philosophers Experts?Kevin Tobia, Wesley Buckwalter & Stephen Stich - 2013 - Philosophical Psychology 26 (5):629-638.
    Recently psychologists and experimental philosophers have reported findings showing that in some cases ordinary people's moral intuitions are affected by factors of dubious relevance to the truth of the content of the intuition. Some defend the use of intuition as evidence in ethics by arguing that philosophers are the experts in this area, and philosophers' moral intuitions are both different from those of ordinary people and more reliable. We conducted two experiments indicating that philosophers and non-philosophers do indeed sometimes have (...)
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  3. Water is and is not H 2 O.Kevin P. Tobia, George E. Newman & Joshua Knobe - 2019 - Mind and Language 35 (2):183-208.
    The Twin Earth thought experiment invites us to consider a liquid that has all of the superficial properties associated with water (clear, potable, etc.) but has entirely different deeper causal properties (composed of “XYZ” rather than of H2O). Although this thought experiment was originally introduced to illuminate questions in the theory of reference, it has also played a crucial role in empirically informed debates within the philosophy of psychology about people’s ordinary natural kind concepts. Those debates have sought to accommodate (...)
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  4. Folk teleology drives persistence judgments.David Rose, Jonathan Schaffer & Kevin Tobia - 2020 - Synthese 197 (12):5491-5509.
    Two separate research programs have revealed two different factors that feature in our judgments of whether some entity persists. One program—inspired by Knobe—has found that normative considerations affect persistence judgments. For instance, people are more inclined to view a thing as persisting when the changes it undergoes lead to improvements. The other program—inspired by Kelemen—has found that teleological considerations affect persistence judgments. For instance, people are more inclined to view a thing as persisting when it preserves its purpose. Our goal (...)
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  5. Personal identity and the Phineas Gage effect.Kevin P. Tobia - 2015 - Analysis 75 (3):396-405.
    Phineas Gage’s story is typically offered as a paradigm example supporting the view that part of what matters for personal identity is a certain magnitude of similarity between earlier and later individuals. Yet, reconsidering a slight variant of Phineas Gage’s story indicates that it is not just magnitude of similarity, but also the direction of change that affects personal identity judgments; in some cases, changes for the worse are more seen as identity-severing than changes for the better of comparable magnitude. (...)
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  6. Personal Identity, Direction of Change, and Neuroethics.Kevin Patrick Tobia - 2016 - Neuroethics 9 (1):37-43.
    The personal identity relation is of great interest to philosophers, who often consider fictional scenarios to test what features seem to make persons persist through time. But often real examples of neuroscientific interest also provide important tests of personal identity. One such example is the case of Phineas Gage – or at least the story often told about Phineas Gage. Many cite Gage’s story as example of severed personal identity; Phineas underwent such a tremendous change that Gage “survived as a (...)
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  7. Experimental Philosophy and the Philosophical Tradition.Stephen Stich & Kevin P. Tobia - 2016 - In Justin Sytsma & Wesley Buckwalter (eds.), Blackwell Companion to Experimental Philosophy. Wiley-Blackwell. pp. 5.
  8. Normative Judgments and Individual Essence.Julian De Freitas, Kevin P. Tobia, George E. Newman & Joshua Knobe - 2017 - Cognitive Science 41 (S3):382-402.
    A growing body of research has examined how people judge the persistence of identity over time—that is, how they decide that a particular individual is the same entity from one time to the next. While a great deal of progress has been made in understanding the types of features that people typically consider when making such judgments, to date, existing work has not explored how these judgments may be shaped by normative considerations. The present studies demonstrate that normative beliefs do (...)
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  9. Water is and is not H 2 O.Kevin P. Tobia, George E. Newman & Joshua Knobe - 2019 - Mind and Language 35 (2):183-208.
    The Twin Earth thought experiment invites us to consider a liquid that has all of the superficial properties associated with water (clear, potable, etc.) but has entirely different deeper causal properties (composed of “XYZ” rather than of H2O). Debates about natural kind concepts have sought to accommodate an apparent fact about ordinary people's judgments: Intuitively, the Twin Earth liquid is not water. We present results showing that people do not have this intuition. Instead, people tend to judge that there is (...)
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  10. Personal Identity.David Shoemaker & Kevin P. Tobia - forthcoming - In Oxford Handbook of Moral Psychology. Oxford:
    Our aim in this entry is to articulate the state of the art in the moral psychology of personal identity. We begin by discussing the major philosophical theories of personal identity, including their shortcomings. We then turn to recent psychological work on personal identity and the self, investigations that often illuminate our person-related normative concerns. We conclude by discussing the implications of this psychological work for some contemporary philosophical theories and suggesting fruitful areas for future work on personal identity.
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  11. Experimental Jurisprudence.Kevin Tobia - 2022 - University of Chicago Law Review 89:735-802.
    “Experimental jurisprudence” draws on empirical data to inform questions typically associated with jurisprudence or legal theory. Scholars in this flourishing movement conduct empirical studies about a variety of legal language and concepts. Despite the movement’s growth, its justification is still opaque. Jurisprudence is the study of deep and longstanding theoretical questions about law’s nature, but “experimental jurisprudence,” it might seem, simply surveys laypeople. This Article elaborates and defends experimental jurisprudence. Experimental jurisprudence, appropriately understood, is not only consistent with traditional jurisprudence; (...)
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  12. Are There Cross-Cultural Legal Principles? Modal Reasoning Uncovers Procedural Constraints on Law.Ivar R. Hannikainen, Kevin P. Tobia, Guilherme da F. C. F. de Almeida, Raff Donelson, Vilius Dranseika, Markus Kneer, Niek Strohmaier, Piotr Bystranowski, Kristina Dolinina, Bartosz Janik, Sothie Keo, Eglė Lauraitytė, Alice Liefgreen, Maciej Próchnicki, Alejandro Rosas & Noel Struchiner - 2021 - Cognitive Science 45 (8):e13024.
    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 (...)
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  13. How People Judge What Is Reasonable.Kevin P. Tobia - 2018 - Alabama Law Review 70 (2):293-359.
    A classic debate concerns whether reasonableness should be understood statistically (e.g., reasonableness is what is common) or prescriptively (e.g., reasonableness is what is good). This Article elaborates and defends a third possibility. Reasonableness is a partly statistical and partly prescriptive “hybrid,” reflecting both statistical and prescriptive considerations. Experiments reveal that people apply reasonableness as a hybrid concept, and the Article argues that a hybrid account offers the best general theory of reasonableness. -/- First, the Article investigates how ordinary people judge (...)
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  14. Cleanliness is Next to Morality, Even for Philosophers.Kevin Patrick Tobia, Gretchen B. Chapman & Stephen Stich - 2013 - Journal of Consciousness Studies 20.
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  15.  44
    Personal Transformation and Advance Directives: An Experimental Bioethics Approach.Brian D. Earp, Stephen R. Latham & Kevin P. Tobia - 2020 - American Journal of Bioethics 20 (8):72-75.
  16.  2
    Experimental Philosophy and the Philosophical Tradition.Stephen Stich & Kevin P. Tobia - 2016 - In Justin Sytsma & Wesley Buckwalter (eds.), A Companion to Experimental Philosophy. Chichester, UK: Wiley. pp. 3–21.
    Many experimental philosophers are philosophers by training and professional affiliation, but some best work in experimental philosophy has been done by people who do not have advanced degrees in philosophy and do not teach in philosophy departments. This chapter explains that the experimental philosophy is the empirical investigation of philosophical intuitions, the factors that affect them, and the psychological and neurological mechanisms that underlie them. It explores what are philosophical intuitions, and why do experimental philosophers want to study them using (...)
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  17.  18
    Coordination and expertise foster legal textualism.Ivar R. Hannikainen, Kevin P. Tobia, Guilherme da F. C. F. de Almeida, N. Struchiner, Markus Kneer, P. Bystranowski, V. Dranseika, N. Strohmaier, S. Bensinger, K. Dolinina, B. Janik, Egle Lauraityte, M. Laakasuo, A. Liefgreen, I. Neiders, M. Prochnicki, A. Rosas, J. Sundvall & Tomasz Zuradzki - 2022 - Proceedings of the National Academy of Sciences of the United States of America 119 (44):e2206531119.
    A cross-cultural survey experiment revealed a dominant tendency to rely on a rule’s letter over its spirit when deciding which behaviors violate the rule. This tendency varied markedly across (k = 15) countries, owing to variation in the impact of moral appraisals on judgments of rule violation. Compared with laypeople, legal experts were more inclined to disregard their moral evaluations of the acts altogether and consequently exhibited stronger textualist tendencies. Finally, we evaluated a plausible mechanism for the emergence of textualism: (...)
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  18.  13
    Testing Ordinary Meaning.Kevin Tobia - 2020 - Harvard Law Review 134.
    Within legal scholarship and practice, among the most pervasive tasks is the interpretation of texts. And within legal interpretation, perhaps the most pervasive inquiry is the search for “ordinary meaning.” Jurists often treat ordinary meaning analysis as an empirical inquiry, aiming to discover a fact about how people understand language. When evaluating ordinary meaning, interpreters rely on dictionary definitions or patterns of common usage, increasingly via “legal corpus linguistics” approaches. However, the most central question about these popular methods remains open: (...)
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  19. Does religious belief impact philosophical analysis?Kevin P. Tobia - 2016 - Religion, Brain and Behavior 6 (1):56-66.
    One popular conception of natural theology holds that certain purely rational arguments are insulated from empirical inquiry and independently establish conclusions that provide evidence, justification, or proof of God’s existence. Yet, some raise suspicions that philosophers and theologians’ personal religious beliefs inappropriately affect these kinds of arguments. I present an experimental test of whether philosophers and theologians’ argument analysis is influenced by religious commitments. The empirical findings suggest religious belief affects philosophical analysis and offer a challenge to theists and atheists, (...)
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  20. Rule Consequentialism and the Problem of Partial Acceptance.Kevin Tobia - 2013 - Ethical Theory and Moral Practice 16 (3):643-652.
    Most plausible moral theories must address problems of partial acceptance or partial compliance. The aim of this paper is to examine some proposed ways of dealing with partial acceptance problems as well as to introduce a new Rule Utilitarian suggestion. Here I survey three forms of Rule Utilitarianism, each of which represents a distinct approach to solving partial acceptance issues. I examine Fixed Rate, Variable Rate, and Optimum Rate Rule Utilitarianism, and argue that a new approach, Maximizing Expectation Rate Rule (...)
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  21. Correction to: Estimating the Reproducibility of Experimental Philosophy.Florian Cova, Brent Strickland, Angela Abatista, Aurélien Allard, James Andow, Mario Attie, James Beebe, Renatas Berniūnas, Jordane Boudesseul, Matteo Colombo, Fiery Cushman, Rodrigo Diaz, Noah N’Djaye Nikolai van Dongen, Vilius Dranseika, Brian D. Earp, Antonio Gaitán Torres, Ivar Hannikainen, José V. Hernández-Conde, Wenjia Hu, François Jaquet, Kareem Khalifa, Hanna Kim, Markus Kneer, Joshua Knobe, Miklos Kurthy, Anthony Lantian, Shen-yi Liao, Edouard Machery, Tania Moerenhout, Christian Mott, Mark Phelan, Jonathan Phillips, Navin Rambharose, Kevin Reuter, Felipe Romero, Paulo Sousa, Jan Sprenger, Emile Thalabard, Kevin Tobia, Hugo Viciana, Daniel Wilkenfeld & Xiang Zhou - 2018 - Review of Philosophy and Psychology 12 (1):45-48.
    Appendix 1 was incomplete in the initial online publication. The original article has been corrected.
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  22. Philosophical Method and Intuitions as Assumptions.Kevin Patrick Tobia - 2015 - Metaphilosophy 46 (4-5):575-594.
    Many philosophers claim to employ intuitions in their philosophical arguments. Others contest that no such intuitions are used frequently or at all in philosophy. This article suggests and defends a conception of intuitions as part of the philosophical method: intuitions are special types of philosophical assumptions to which we are invited to assent, often as premises in argument, that may serve an independent function in philosophical argument and that are not formed through a purely inferential process. A series of philosophical (...)
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  23. The Folk Theory of Well-Being.John Bronsteen, Brian Leiter, Jonathan Masur & Kevin Tobia - forthcoming - In Shaun Nichols & Joshua Knobe (eds.), Oxford Studies in Experimental Philosophy, Volume 5.
    What constitutes a “good” life—not necessarily a morally good life, but a life that is good for the person who lived it? In response to this question of “well-being," philosophers have offered three significant answers: A good life is one in which a person can satisfy their desires (“Desire-Satisfaction” or “Preferentism”), one that includes certain good features (“Objectivism”), or one in which pleasurable states dominate or outweigh painful ones (“Hedonism”). To adjudicate among these competing theories, moral philosophers traditionally gather data (...)
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  24.  43
    Experimental Philosophy of Identity and the Self.Kevin Tobia (ed.) - 2022 - London: Bloomsbury.
    Exploring issues ranging from the metaphysical to the moral and legal, a team of esteemed contributors bring together some of the most important and cutting-edge findings in experimental philosophy of the self to address longstanding philosophical questions about personal identity, such as: What makes us today the same person as our childhood and future selves? Can certain changes transform us into a different person? Do our everyday moral practices presuppose a false account of who we are? Chapters offer a survey (...)
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  25.  29
    Ordinary Meaning and Ordinary People.Kevin Tobia, Brian G. Slocum & Victoria Frances Nourse - 2023 - University of Pennsylvania Law Review 171.
    Perhaps the most fundamental principle of legal interpretation is the presumption that terms should be given their “ordinary” (i.e., general, non-technical) meanings. This principle is a central tenet of modern textualism. Textualists believe a universal presumption of ordinary meaning follows from their theory’s core commitment: A law should be interpreted consistently with what its text communicates to the ordinary public. This Article begins from this textualist premise, empirically examining what legal texts communicate to the public. Five original empirical studies (N (...)
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  26. Coordination and expertise foster legal textualism.Ivar Hannikainen, Kevin Tobia, Guilherme de Almeida, Noel Struchiner, Markus Kneer, Piotr Bystranowski, Niek Strohmaier, Sammy Bensinger, Kristina Dolinina, Bartosz Janik, Egle Lauraityte, Michael Laakasuo, Alice Liefgreen, Ivars Neiders, Maciej Prochnicki, Alejandro Rosas, Jukka Sundvall & Tomasz Zuradzki - 2022 - Proceedings of the National Academy of Sciences 119 (44):e2206531119.
    A cross-cultural survey experiment revealed a widespread tendency to rely on a rule’s letter over its spirit when deciding which acts violate the rule. This tendency’s strength varied markedly across (k = 15) field sites, owing to cultural variation in the impact of moral appraisals on judgments of rule violation. Compared to laypeople, legal experts were more inclined to disregard their moral evaluations of the acts altogether, and consequently exhibited more pronounced textualist tendencies. Finally, we evaluated a plausible mechanism for (...)
     
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  27.  99
    Wonder and Value.Kevin Patrick Tobia - 2015 - Res Philosophica 92 (4):959-984.
    Wonder’s significance is a recurrent theme in the history of philosophy. In the Theaetetus, Plato’s Socrates claims that philosophy begins in wonder (thaumazein). Aristotle echoes these sentiments in his Metaphysics; it is wonder and astonishment that first led us to philosophize. Philosophers from the Ancients through Wittgenstein discuss wonder, yet scant recent attention has been given to developing a general systematic account of emotional wonder. I develop an account of emotional wonder and defend its connection with apparent or seeming value. (...)
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  28.  60
    The effects of cleanliness and disgust on moral judgment.Kevin Patrick Tobia - 2015 - Philosophical Psychology 28 (4):556-568.
    Recent experimental studies in cognitive science report the influence of “disgust” and “cleanliness” manipulations on moral judgment, yet little attention has been given to interpreting these studies together or developing models of the causal influence of cleanliness and disgust manipulations on moral judgment. I propose considerations for the causal modeling of these effects. The conclusions are not decisive in favor of one theory of disgust and cleanliness, but suggest several distinct causal roles of disgust- and cleanliness-type manipulations. The incorrect views, (...)
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  29. What Do Law Professors Believe about Law and the Legal Academy?Eric Martínez & Kevin Tobia - 2023 - Georgetown Law Journal 112:111-189.
    Legal theorists seek to persuade other jurists of certain theories: Textualism or purposivism; formalism or realism; natural law theory or positivism; prison reform or abolition; universal or particular human rights? Despite voluminous literature about these debates, tremendous uncertainty remains about which views experts endorse. This Article presents the first-ever empirical study of American law professors about legal theory questions. A novel dataset of over six hundred law professors reveals expert consensus and dissensus about dozens of longstanding legal theory debates. -/- (...)
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  30. Personal Identity and Moral Psychology.David Shoemaker & Kevin P. Tobia - forthcoming - In John M. Doris & Manuel Vargas (eds.), Oxford Handbook of Moral Psychology. Oxford: Oxford University Press.
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  31. Rule-Consequentialism's Assumptions.Kevin P. Tobia - 2018 - Utilitas 30 (4):458-471.
    Rule-Consequentialism faces “the problem of partial acceptance”: How should the ideal code be selected given the possibility that its rules may not be universally accepted? A new contender, “Calculated Rates” Rule-Consequentialism claims to solve this problem. However, I argue that Calculated Rates merely relocates the partial acceptance question. Nevertheless, there is a significant lesson from this failure of Calculated Rates. Rule-Consequentialism’s problem of partial acceptance is more helpfully understood as an instance of the broader problem of selecting the ideal code (...)
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  32. A Defense of Scalar Utilitarianism.Kevin Patrick Tobia - 2017 - American Philosophical Quarterly 54 (3):283-294.
    Scalar Utilitarianism eschews foundational notions of rightness and wrongness in favor of evaluative comparisons of outcomes. I defend Scalar Utilitarianism from two critiques, the first against an argument for the thesis that Utilitarianism's commitments are fundamentally evaluative, and the second that Scalar Utilitarianism does not issue demands or sufficiently guide action. These defenses suggest a variety of more plausible Scalar Utilitarian interpretations, and I argue for a version that best represents a moral theory founded on evaluative notions, and offers better (...)
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  33.  9
    The Corpus and the Courts.Kevin Tobia - 2021 - University of Chicago Law Review Online 2021.
    The legal corpus linguistics movement is one of the most exciting recent developments in legal theory. Justice Thomas R. Lee and Stephen C. Mouritsen are its pioneers, and their new article thoughtfully responds to critics. Here, Part I applauds their response as a cautious account of how those methods might, in some circumstances, provide relevant evidence about ordinary meaning in legal interpretation. Some disagreements persist, but The Corpus and the Critics makes significant progress in academic debates about legal interpretation. Part (...)
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  34.  42
    What is a Person? Evidence on Mind Perceptions from Natural Language.Elliott Ash, Dominik Stammbach & Kevin Tobia - manuscript
    Recent psychology research has established that people do not employ a simple unidimensional scale for attributions of personhood, increasing from non-sentient rocks to mentally complex humans. Rather, there are two personhood dimensions: agency (e.g. planning, deciding, acting) and experience (e.g. feeling, desiring, experiencing). Here we show that this subtle distinction also occurs in the semantic space of natural language. We develop computational-linguistics tools for measuring variation in agency and experience in language and validate the measures against human judgments. To demonstrate (...)
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  35.  23
    Do Obligations Follow the Mind or Body?John Protzko, Kevin Tobia, Nina Strohminger & Jonathan W. Schooler - 2023 - Cognitive Science 47 (7):e13317.
    Do you persist as the same person over time because you keep the same mind or because you keep the same body? Philosophers have long investigated this question of personal identity with thought experiments. Cognitive scientists have joined this tradition by assessing lay intuitions about those cases. Much of this work has focused on judgments of identity continuity. But identity also has practical significance: obligations are tagged to one's identity over time. Understanding how someone persists as the same person over (...)
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  36.  16
    What is (and was) a person? Evidence on historical mind perceptions from natural language.Elliott Ash, Dominik Stammbach & Kevin Tobia - 2023 - Cognition 239 (C):105501.
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  37.  25
    The Linguistic and Substantive Canons.Kevin Tobia & Brian Slocum - manuscript
    Today’s textualist Supreme Court draws a bright line between essential “linguistic” interpretive canons and suspect “substantive” canons. This Article’s thesis is that the venerable linguistic/substantive dichotomy is false. We present the first empirical study of whether ordinary people (N = 1,520) understand rules in line with some of law’s substantive canons. The study supports that some substantive canons represent valid linguistic generalizations about how ordinary people understand rules’ meaning. For example, the presumption against retroactivity is usually justified by values like (...)
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  38.  1
    O Desafio da Filosofia Experimental à "Grande Tradição".Stephen Stich & Kevin Tobia - 2017 - Analytica. Revista de Filosofia 20 (2):9-40.
    Abstract:Appeal to intuition has played an important role in philosophical debates. Recent research in experimental philosophy empirically investigates philosophical intuitions, the factors that affect them, and the psychological and neurological mechanisms that underlie them. We distinguish between two common ways in which intuitions are used as philosophical evidence and present experimental philosophical studies that problematize these uses of philosophical intuitions. These studies indicate the influence of various prima facie irrelevant factors, such as language and order of presentation, on philosophical intuitions. (...)
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  39.  32
    Having Your Day in Robot Court.Benjamin Chen, Alexander Stremitzer & Kevin Tobia - 2023 - Harvard Journal of Law and Technology 36.
    Should machines be judges? Some say no, arguing that citizens would see robot-led legal proceedings as procedurally unfair because “having your day in court” is having another human adjudicate your claims. Prior research established that people obey the law in part because they see it as procedurally just. The introduction of artificially intelligent (AI) judges could therefore undermine sentiments of justice and legal compliance if citizens intuitively take machine-adjudicated proceedings to be less fair than the human-adjudicated status quo. Two original (...)
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  40.  10
    Coordination Favors Legal Textualism by Suppressing Moral Valuation.Ivar R. Https://orcidorg357X Hannikainen, Kevin P. Tobia, Guilherme da F. C. F. Almeida, Noel Struchiner, Markus Https://Orcidorg Kneer, Piotr Bystranowski, Vilius Dranseika, Niek Strohmaier, Samantha Bensinger, Kristina Dolinina, Bartosz Janik, Egle Lauraityte, Michael Laakasuo, Alice Liefgreen, Ivars Neiders, Maciej Próchnicki, Alejandro Rosas Martinez, Jukka Sundvall & Tomasz Żuradzki - unknown
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  41. Disparate Statistics.Kevin P. Tobia - 2017 - Yale Law Journal 126 (8):2382-2420.
    Statistical evidence is crucial throughout disparate impact’s three-stage analysis: during (1) the plaintiff’s prima facie demonstration of a policy’s disparate impact; (2) the defendant’s job-related business necessity defense of the discriminatory policy; and (3) the plaintiff’s demonstration of an alternative policy without the same discriminatory impact. The circuit courts are split on a vital question about the “practical significance” of statistics at Stage 1: Are “small” impacts legally insignificant? For example, is an employment policy that causes a one percent disparate (...)
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  42.  15
    Statutory Interpretation from the Outside.Kevin Tobia, Brian Slocum & Victoria Nourse - 2022 - Columbia Law Review 122.
    How should judges decide which linguistic canons to apply in interpreting statutes? One important answer looks to the inside of the legislative process: Follow the rules that lawmakers contemplate. A different answer, based on the “ordinary meaning” doctrine, looks to the outside: Follow the rules that would guide an ordinary person’s understanding of the legal text. Empirical scholars have studied statutory interpretation from the inside—revealing what rules drafters follow—but never from the outside. We offer a novel framework for empirically testing (...)
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  43.  15
    Legal Concepts and Legal Expertise.Kevin Tobia - manuscript
    A recent wave of empirical legal scholarship reports surprising findings about various concepts of legal significance, including the concept of acting intentionally, causation, consent, knowledge, recklessness, reasonableness, and law itself. These studies typically examine laypeople, but often draw broader conclusions about legal experts or law. Findings about laypeople’s (“ordinary”) concepts have been taken to reflect the concepts of trained legal theorists, reveal biases affecting judges’ decision-making, and clarify subtle doctrinal features. -/- This Article questions the validity of such inferences, from (...)
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  44.  13
    Gauging personal identity.Kevin Tobia - 2016 - Forum for European Philosophy Blog.
    Kevin Tobia on how our intuitions about personal identity reflect moral norms.
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  45. The Cambridge Handbook of Experimental Jurisprudence.Kevin P. Tobia (ed.) - forthcoming - Cambridge University Press.
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  46.  17
    The Language of War.Kevin P. Tobia - 2016 - The Monist 99 (1):40-54.
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  47.  13
    Progressive Textualism.Kevin Tobia, Brian Slocum & Victoria Nourse - 2022 - Georgetown Law Journal 110.
    Textualism is now the Court’s lingua franca. In response, some have proposed a “progressive textualism,” defined by the use of traditional textualist methods to reach politically progressive results. This Article explores a different kind of “progressive textualism.” Rather than starting with the desired policy outcome—politically progressive or conservative—we begin from one of modern textualism’s central values: A commitment to “democratic” interpretation. As Justice Barrett argues, this commitment views textualists as “agents of the people” who “approach language from the perspective of (...)
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  48.  10
    When Does Physician Use of AI Increase Liability?Kevin Tobia, Aileen Nielsen & Alexander Stremitzer - 2021 - Journal of Nuclear Medicine 62.
    An increasing number of automated and artificially intelligent (AI) systems make medical treatment recommendations, including “personalized” recommendations, which can deviate from standard care. Legal scholars argue that following such nonstandard treatment recommendations will increase liability in medical malpractice, undermining the use of potentially beneficial medical AI. However, such liability depends in part on lay judgments by jurors: When physicians use AI systems, in which circumstances would jurors hold physicians liable? To determine potential jurors’ judgments of liability, we conducted an online (...)
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  49. Methodology and Innovation in Jurisprudence. [REVIEW]Kevin Tobia - 2023 - Columbia Law Review 123:2483-2516.
    Jurisprudence aims to identify and explain important features of law. To accomplish this task, what procedure or method should one employ? Elucidating Law, a tour de force in “the philosophy of legal philosophy,” develops an instructive account of how philosophers “elucidate law,” which elucidates jurisprudence’s own aims and methods. This Review introduces the book, with emphasis on its discussion of methodology. -/- Next, the Review proposes complementing methodological clarification with methodological innovation. Jurisprudence should ask timeless questions, but its methods need (...)
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    Moral Tribes: Emotion, Reason, and the Gap between Us and Them. [REVIEW]Kevin Patrick Tobia - 2015 - Philosophical Psychology 28 (5):746-750.
    Moral Tribes: Emotion, Reason, and the Gap between Us and Them. . ???aop.label???. doi: 10.1080/09515089.2013.871618.
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