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  1. Doesn't everybody jaywalk? On codified rules that are seldom followed and selectively punished.Jordan Wylie & Ana Gantman - 2023 - Cognition 231 (C):105323.
    Rules are meant to apply equally to all within their jurisdiction. However, some rules are frequently broken without consequence for most. These rules are only occasionally enforced, often at the discretion of a third-party observer. We propose that these rules—whose violations are frequent, and enforcement is rare—constitute a unique subclass of explicitly codified rules, which we call ‘phantom rules’ (e.g., proscribing jaywalking). Their apparent punishability is ambiguous and particularly susceptible to third-party motives. Across six experiments, (N = 1440) we validated (...)
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  • The experimental philosophy of law: New ways, old questions, and how not to get lost.Karolina Magdalena Prochownik - 2021 - Philosophy Compass 16 (12):e12791.
    The experimental philosophy of law is a recent movement that aims to inform traditional debates in jurisprudence by conducting empirical research. This paper introduces and provides a systematic overview of the main lines of research in this field. It also covers the most important debates in the literature regarding the implications of these findings for the philosophy and theory of law. It argues that three challenges arise when addressing (old) legal-philosophical questions in (new) experimental ways by drawing normative implications from (...)
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  • Difference and Robustness in the Patterns of Philosophical Intuition Across Demographic Groups.Joshua Knobe - 2023 - Review of Philosophy and Psychology 14 (2):435-455.
    In a recent paper, I argued that philosophical intuitions are surprisingly robust both across demographic groups and across development. Machery and Stich reply by reviewing a series of studies that do show significant differences in philosophical intuition between different demographic groups. This is a helpful point, which gets at precisely the issues that are most relevant here. However, even when one looks at those very studies, one finds truly surprising robustness. In other words, despite the presence of statistically significant differences (...)
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  • Outcome effects, moral luck and the hindsight bias.Markus Https://Orcidorg Kneer & Izabela Skoczen - 2022 - Cognition 232 (C):105258.
    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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  • Experimental Legal Philosophy: General Jurisprudence.Raff Donelson - 2023 - In Alexander Max Bauer & Stephan Kornmesser (eds.), The Compact Compendium of Experimental Philosophy. De Gruyter. pp. 309-326.
    This chapter offers an overview of experimental legal philosophy with a special focus on questions in general jurisprudence, that part of legal philosophy that asks about the concept and nature of law. Much of the experimental general jurisprudence work has tended to follow the questions that have interested general jurisprudence scholars for decades, that is, questions about the relation between legal norms and moral norms. Wholesale criticism of experimental general jurisprudence is scant, but, given existing debates about experimental philosophy generally, (...)
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  • Causation, Norms, and Cognitive Bias.Levin Güver & Markus Kneer - manuscript
    Extant research has shown that ordinary causal judgments are sensitive to normative factors. For instance, agents who violate a norm are standardly deemed more causal than norm-conforming agents in identical situations. In this paper, we explore two competing explanations for the Norm Effect: the Responsibility View and the Bias View. According to the former, the Norm Effect arises because ordinary causal judgment is intimately intertwined with moral responsibility. According to the alternative view, the Norm Effect is the result of a (...)
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