Our theoretical understanding of individual differences can be used as a tool to test and refine theory. Individual differences are useful because judgments, including philosophically relevant intuitions, are the predictable products of the fit between adaptive psychological mechanisms (e.g., heuristics, traits, skills, capacities) and task constraints. As an illustration of this method and its potential implications, our target article used a canonical, representative, and affectively charged judgment task to reveal a relationship between the heritable personality trait extraversion and some compatabilist (...) judgments. In the current Reply, we further clarify major theoretical implications of these data and outline potential opportunities and obstacles for this methodology. Discussion focuses on (1) the need for theoretically grounded a priori predictions; (2) the use of precise process level data and theory; (3) the possibility of convergent validity as personality is known to predict life experiences and outcomes; and (4) the fundamentally adaptive nature of cognition. (shrink)

When the side effect of an action involves moral considerations (e.g. when a chairman’s pursuit of profits harms the environment) it tends to influence theory-of-mind judgments. On average, bad side effects are judged intentional whereas good side effects are judged unintentional. In a series of two experiments, we examined the largely uninvestigated roles of individual differences in this judgment asymmetry. Experiment 1 indicated that extraversion accounted for variations in intentionality judgments, controlling for a range of other general individual differences (e.g. (...) working memory, self-control). Experiment 2 indicated that extraversion’s influence was partially mediated by more specific variations in intentional action concepts. A priming manipulation also provided causal evidence of judgment instability and bias. Results suggest that the intentional action judgment asymmetry is multiply determined, reflecting the interplay of individual differences and judgment biases. Implications and the roles of individual differences in judgment and decision-making research are discussed. (shrink)

Recently, there has been an increased interest in folk intuitions about freedom and moral responsibility from both philosophers and psychologists. We aim to extend our understanding of folk intuitions about freedom and moral responsibility using an individual differences approach. Building off previous research suggesting that there are systematic differences in folks’ philosophically relevant intuitions, we present new data indicating that the personality trait extraversion predicts, to a significant extent, those who have compatibilist versus incompatibilist intuitions. We argue that identifying groups (...) of people who have specific and diverse intuitions about freedom and moral responsibility offers the possibility for theoretical advancement in philosophy and psychology, and may in part explain why some perennial philosophical debates have proven intractable. (shrink)

Although it makes some progress, McKay & Dennett's (M&D's) proposal is limited because (1) the argument for adaptive misbelief is not new, (2) arguments overextend the evidence provided, and (3) the alleged sufficient conditions are not as prohibitive as suggested. We offer alternative perspectives and evidence, including individual differences research, indicating that adaptive misbeliefs are likely much more widespread than implied.

Many philosophers appeal to intuitions to support some philosophical views. However, there is reason to be concerned about this practice as scientific evidence has documented systematic bias in philosophically relevant intuitions as a function of seemingly irrelevant features (e.g., personality). One popular defense used to insulate philosophers from these concerns holds that philosophical expertise eliminates the influence of these extraneous factors. Here, we test this assumption. We present data suggesting that verifiable philosophical expertise in the free will debate-as measured by (...) a reliable and validated test of expert knowledge-does not eliminate the influence of one important extraneous feature (i.e., the heritable personality trait extraversion) on judgments concerning freedom and moral responsibility. These results suggest that, in at least some important cases, the expertise defense fails. Implications for the practice of philosophy, experimental philosophy, and applied ethics are discussed. (shrink)

In four experiments, we offer evidence that virtues are often judged as uniquely important for some business practices (e.g., hospital management and medical error investigation). Overall, actions done only from virtue (either by organizations or individuals) were judged to feel better, to be more praiseworthy, to be more morally right, and to be associated with more trustworthy leadership and greater personal life satisfaction compared to actions done only to produce the best consequences or to follow the correct moral rule. These (...) results accord with claims made by some virtue ethicists. The current data contribute to a small but growing body of literature emphasizing both empirical soundness and philosophical rigor in the scientific study of virtue. Results also offer some guidance concerning how businesses, employees, and executives are evaluated and perceived. Implications for theory and practice are discussed. (shrink)

Understanding the folk notion of free will and moral responsibility is important for a host of applied and theoretical issues in psychology, philosophy, and ethics. The bulk of experimental research has focused on folk intuitions concerning determinism's relation to free will and moral responsibility. However, determinism is a difficult term for many folk to understand. Accordingly researchers often use comprehension questions to identify and exclude large proportions of participants who seem to struggle with relevant concepts. Here, we document some of (...) the cognitive mechanisms involved in folk judgments related to comprehension of determinism, and its relations to free will and moral responsibility. Results provide prescriptions for experimental designs that can increase comprehension, potentially decreasing sampling biases. Theoretical and methodological implications are discussed. (shrink)

We explore and provide an account for a recently identified judgment anomaly, i.e., an order effect that changes the strength of intentionality ascriptions for some side effects (e.g., when a chairman's pursuit of profits has the foreseen but unintended consequence of harming the environment). Experiment 1 replicated the previously unanticipated order effect anomaly controlling for general individual differences. Experiment 2 revealed that the order effect was multiply determined and influenced by factors such as beliefs (i.e., that the same actor was (...) involved in bringing about both good and bad side effects) and philosophical training (i.e., more training was associated with smaller differences in judgment when harm followed help). Results provide more evidence that the folk's philosophically relevant intuitions are predictably fragmented and depend on the dynamic interplay between persons, process, and environments. Methodological and theoretical implications are discussed. (shrink)

Visual aids can improve comprehension of risks associated with medical treatments, screenings, and lifestyles. Do visual aids also help decision makers accurately assess their risk comprehension? That is, do visual aids help them become well calibrated? To address these questions, we investigated the benefits of visual aids displaying numerical information and measured accuracy of self-assessment of diagnostic inferences (i.e., metacognitive judgment calibration) controlling for individual differences in numeracy. Participants included 108 patients who made diagnostic inferences about three medical tests on (...) the basis of information about the sensitivity and false-positive rate of the tests and disease prevalence. Half of the patients received the information in numbers without a visual aid, while the other half received numbers along with a grid representing the numerical information. In the numerical condition, many patients --especially those with low numeracy-- misinterpreted the predictive value of the tests and profoundly overestimated the accuracy of their inferences. Metacognitive judgment calibration mediated the relationship between numeracy and accuracy of diagnostic inferences. In contrast, in the visual aid condition, patients at all levels of numeracy showed high-levels of inferential accuracy and metacognitive judgment calibration. Results indicate that accurate metacognitive assessment may explain the beneficial effects of visual aids and numeracy --a result that accords with theory suggesting that metacognition is an essential part of risk literacy. We conclude that well-designed risk communications can inform patients about health-relevant numerical information while helping them assess the quality of their own risk comprehension. (shrink)

Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 98-32334. ISBN 1-886363-74-9. Cloth. $95. * Reprint of the first edition.

I LAW AND NATURE i. The "Pure" Theory The Pure Theory of Law is a theory of positive law. It is a theory of positive law in general, not of a specific legal ...

Perhaps personality traits substantially influence one’s philosophically relevant intuitions. This suggestion is not only possible, it is consistent with a growing body of empirical research: Personality traits have been shown to be systematically related to diverse intuitions concerning some fundamental philosophical debates. We argue that this fact, in conjunction with the plausible principle that almost all adequate philosophical views should take into account all available and relevant evidence, calls into question some prominent approaches to traditional philosophical projects. To this end, (...) we present the Philosophical Personality Argument (PPA). We explain how it supports the growing body of evidence challenging some of the uses of intuitions in philosophy, and we defend it from some criticisms of empirically based worries about intuitions in philosophy. We conclude that the current evidence indicates that the PPA is sound, and thus many traditional philosophical projects that use intuitions must become substantially more empirically oriented. (shrink)

In the free will literature, some compatibilists and some incompatibilists claim that their views best capture ordinary intuitions concerning free will and moral responsibility. One goal of researchers working in the field of experimental philosophy has been to probe ordinary intuitions in a controlled and systematic way to help resolve these kinds of intuitional stalemates. We contribute to this debate by presenting new data about folk intuitions concerning freedom and responsibility that correct for some of the shortcomings of previous studies. (...) These studies also illustrate some problems that pertain to all of the studies that have been run thus far. (shrink)

Hans Kelsen is considered by many to be the foremost legal thinker of the twentieth century. During the last decade of his life he was working on what he called a general theory of norms. Published posthumously in 1979 as Allgemeine Theorie der Normen, the book is here translated for the first time into English. Kelsen develops his "pure theory of law" into a "general theory of norms", and analyzes the applicability of logic to norms to offer an (...) original and extreme position which some have called "normative irrationalism". Examining the views of over 200 philosophers and legal theorists on law, morality, and logic, and revising several of his own earlier positions, Kelsen's final work is a mandatory resource for legal and moral philosophers. (shrink)

This volume provides the first English translation of Hans Kelsen's and Carl Schmitt's influential Weimar-era debate on constitutional guardianship and the legitimacy of constitutional review. It includes Kelsen's seminal piece, 'The Nature and Development of Constitutional Adjudication', as well as key extracts from the 'Guardian of the Constitution' which present Schmitt's argument against constitutional review. Also included are Kelsen's review of Schmitt's 'Guardian of the Constitution', as well as some further material by Kelsen and Schmitt on (...) presidential dictatorship under Article 48 of the Weimar Constitution. These texts show Kelsen and Schmitt responding to one another, in the context of a debate focused on a concrete constitutional crisis, thus allowing the reader to assess the plausibility of Kelsen's and Schmitt's legal and constitutional theories. (shrink)

In a series of five experiments, we demonstrate that moral judgments and folk intuitions are often predictably fragmented. Drawing on the domains of ethics and action theory, we illustrate ways in which judgment tends to be associated with stable individual differences such as personality traits and reflective cognitive styles. We argue that these individual differences pose several unique challenges as well as provide opportunities for further theoretical development in the emerging field of experimental philosophy. Implications are briefly discussed.

One of the leading legal philosophers of this century, Kelsen published this short treatise in 1934, when the neo-Kantian influence on his work was at its zenith. An earlier, "constructivist" phase had been displaced by his effort to provide something approximating a neo-Kantian foundation for his theory. If this second phase represents the Pure Theory of Law in its most characteristic form, then the present treatise may well be its central text. And of Kelsen's many statements of the (...) Pure Theory, this one is surely the most accessible. Topics covered include the legal norm and Kelsen's normativity thesis, law and morality, the role of ideology, the concept of the legal person, legal interpretation, the identity of law and state, and the theory of international law. Among the appendices is an annotated bibliography of secondary literature on Kelsen. (shrink)

The past ten years have seen multiple attempts to estimate the relation between the global personality trait extraversion and compatibilist free will judgments. Here, we contribute to that line of research by conducting a meta-analysis of 17 published and eight unpublished studies (N = 2,811) estimating that relation. Overall, the mean effect size was modest but remarkably robust across materials, locations, and labs (z =.19, 95% CI.15-.24, p <.001). No significant publication bias was detected in the studies (t (23) = (...) 1.88, p =.07). While there was no significant heterogeneity in the studies (Q (24) = 34.42, p =.08, I2 = 26.05), a moderator analysis suggested that the effect is strongest in cases that contain highly affective actions (e.g., murder) (z =.22, 95% CI.17-.28, p <.001) and weakest in cases that contain actions with low affect (e.g., asking whether free will is compatible with determinism) (z =.09, 95% CI -.05-.23, p =.22). The meta-analysis provides additional evidence that extraversion is related to compatibilist free will judgments and helps to identify opportunities to discover boundary conditions and more proximal causal mechanisms for the relation. The results of the meta-analysis also have implications for informed decision making. (shrink)

Oaksford & Chater (O&C) focus on patterns of typical adult reasoning from a probabilistic perspective. We discuss implications of extending the probabilistic approach to lifespan development, considering the role of working memory, strategy use, and expertise. Explaining variations in human reasoning poses a challenge to Bayesian rational analysis, as it requires integrating knowledge about cognitive processes.

Kelsen's 'Pure theory of law' was first presented in his fundamental work Hauptprobleme des Staatsrechtlehre (1911) and continued in both editions of Reine Rechtslehre (1934, 1958). Historically, it has a certain relation to John Austin's 'analytical jurisprudence', although Kelsen became acquainted with Austin's work for the first time in 1940. The 'pure theory of law' is a formal-logical analysis of law, considered as a system of norms, based philosophically on the strict distinction between 'is' and 'ought'. It is (...) a normative and positive doctrine, opposed both to positivism, showing the limitations of the positivistic approach, the whole legal order. His positivism is a formal analysis of the legal norm, of its elements and of the architecture of the legal order. Kelsen's concentration on the form of law recognizes the legitimacy of sociological investigations and the study of values in reference both to the contents and the making of law. Equally, his philosophical relativism of values is entirely compatible with his strong stand for democracy and the ideals of western culture. German text. (shrink)

We review evidence showing that disagreement in folk and expert philosophical intuitions can be predicted by global, heritable personality traits. The review focuses on recent studies of intuitions about free will, ethics, and intentional action. These findings are philosophically important because they suggest that while some projects cannot be done, other projects must take individual differences in philosophical character into account. But care needs to be taken when interpreting the implications of these individual differences. We illustrate one way that these (...) differences have been abused. We then illustrate two ways that these findings can be legitimately used to help illuminate philosophical issues. Given the large and readily available body of evidence, neglect of persistent and predictable philosophical differences is irresponsible. (shrink)

In his choice of texts, the Editor has been faced with the difficult task of selecting, from among the author's more than 600 publications, those of the greatest philosophical interest. It is chiefly the topics of value-rela tivism and the logic of norms that have been kept in view. The selection has also been guided by the endeavour to reprint, so far as possible, texts which have not hitherto appeared in English. At times, however, this aim has had to be (...) discarded, in order to include works of key im portance and also the latest expressions of Kelsen's view. In addition to the two topics already mentioned, the Editor has con sidered Kelsen's discussions of the causal principle to be so far worthy of philosophical attention, that some writings on causality and account ability have been included in this collection of philosophical studies. OTA WEINBERGER Hans Kelsen died on April 19th, 1973. Only his work now lives, for the inspiration of future generations of jurists and philosophers. Graz, 25th April, 1973 OT A WEINBERGER TRANSLATOR'S NOTE I am obliged to the Editor for his careful scrutiny of the translation, which has led to a number of corrections and improvements in the text. (shrink)

It is commonly claimed that fully virtuous individuals cannot be ignorant and that everyday intuitions support this fact. Others maintain that there are virtues of ignorance and most people recognize them. Both views cannot be correct. We report evidence from three experiments suggesting that ignorance does not rule out folk attributions of virtue. Additionally, results show that many of these judgments can be predicted by one’s emotional stability—a heritable personality trait. We argue that these results are philosophically important for the (...) study of virtue and we discuss some of the ways individual differences may inform and facilitate current debates in ethics. We close with a cautionary argument detailing the risks of discounting some intuitions simply because they are associated with seemingly less desirable personality traits. (shrink)

Hans Kelsen's thorough critique of Eric Voegelin's "New Science of Politcs" is - in my oppinion - the best commentary on Voegelin that has been written so far.

What is justice? -- The idea of justice in the Holy Scriptures -- Platonic justice -- Aristotle's doctrine of justice -- The natural-law doctrine before the tribunal of science -- A "dynamic" theory of natural law -- Absolutism and relativism in philosophy and politics -- Value judgments in the science of law -- The law as a specific social technique -- Why should the law be obeyed? -- The pure theory of the law and analytical jurisprudence -- Law, state, and (...) justice in the pure theory of law -- Causality and retribution -- Causality and imputation -- Science and politics. (shrink)

Evaluational internalism holds that only features internal to agency (e.g., motivation) are relevant to attributions of virtue [Slote, M. (2001). Morals from motives. Oxford: Oxford University Press]. Evaluational externalism holds that only features external to agency (e.g., consequences) are relevant to attributions of virtue [Driver, J. (2001). Uneasy virtue. Cambridge: Cambridge University Press]. Many evaluational externalists and internalists claim that their view best accords with philosophically naïve (i.e., folk) intuitions, and that accordance provides argumentative support for their view. Evaluational internalism (...) and externalism are incompatible views and therefore it is impossible that both views are supported by most folk intuitions. In four experiments, we present evidence that neither pure evaluational internalism nor pure evaluational externalism accurately capture some relevant folk intuitions about virtue. However, our experiments suggest external factors are vastly more important than internal factors for folk attributions of virtue. While these data do not entail that evaluational internalism and externalism about virtue are false, they situate important argumentative burdens, constrain philosophical theory about virtue, and illustrate a valuable method that could foster more efficient progress in ethics. (shrink)

Eric Voegelin is famous as a philosopher of history and a as one of the most eminent political scientists of the 20th century. His most fundamental work on political theory, the "New Science of Politics, is nowadays considered a classic in ist field. While the "New Science" has always been a very controversial book, ist critics have hardly ever taken the pain to pinpoint the weaknesses they condemmed Voegelins book for. There is, however, one exception: Only shortly after the appearance (...) of Voegelins "New Science" in 1954, Hans Kelsen has written a most detailed reply to this book of his former student. This reply, which was known to Voegelin and is mentioned in his autobiography, is now being published by the ontos verlag. Being a distinguished philosopher himself of an erudition and breadth of knowledge that matches that of Eric Voegelin, Hans Kelsen is able to support the critical stance he takes on Voegelin "New Science" by clear and well founded argument. This critical reply to Voegelins "New Science" is not only an important contribution to the dispute about the foundations of political order in modern society, but will also prove valuable to readers generally interested in Voegelins life and work. (shrink)

Heritable personality traits often predict fundamental philosophical disagreement. This conclusion is based on studies of more than 15,000 people sampled from diverse cultures and educational backgrounds, including verifiable experts. In this chapter, we review some of this research showing links between personality and philosophical bias in free will, intentional action, and ethics. Our discussion focuses on serious challenges that these philosophical biases pose (e.g., limits on the use of philosophical intuitions as evidence). We close with discussion of the Philosophical Personality (...) Argument and brief consideration of emerging projects in applied experimental philosophy. (shrink)