Various theorists have endorsed the “communication argument”: communicative capacities are necessary for morally responsible agency because blame aims at a distinctive kind of moral communication. I contend that existing versions of the argument, including those defended by Gary Watson and Coleen Macnamara, face a pluralist challenge: they do not seem to sit well with the plausible view that blame has multiple aims. I then examine three possible rejoinders to the challenge, suggesting that a context-specific, function-based approach constitutes the most promising (...) modification of the communication argument. (shrink)

Responsibility and the Moral Sentiments offers an account of moral responsibility. It addresses the question: what are the forms of capacity or ability that render us morally accountable for the things we do? A traditional answer has it that the conditions of moral responsibility include freedom of the will, where this in turn involves the availability of robust alternative possibilities. I reject this answer, arguing that the conditions of moral responsibility do not include any condition of alternative possibilities. In the (...) terms that have become familiar, the book thus defends a compatibilist account of moral responsibility. (shrink)

Why is it that we think today so very differently about distributive and retributive justice? Why is the notion of desert so neglected in our thinking about distributive justice, while it remains fundamental in almost every account of retributive justice? I wish to take up this relatively neglected issue, and put forth two proposals of my own, based upon the way control functions in the two spheres.

The illusory appeal of double effect -- The significance of intent -- Means and ends -- Blame.

I will argue that a desert-based justification for treating a person in a certain way is a justification that holds this treatment to be justified simply by what the person is like and what he or she has done, independent of (1) the fact that treating the person in this way will have good effects (or that treating people like him or her in this way will have such effects); (2) the fact that this treatment is called for by some (...) (justified) institution or practice; or (3) the fact that the person could have avoided being subject to this treatment by choosing appropriately, and therefore cannot complain of it. I will explore the implications of this understanding of desert for the role of desert-based justifications of blame, punishment, and economic reward. (shrink)

Contrary to what I have contended, Michael McKenna argues that basic desert does not have an essential role in the free will debate. On his alternative construal, what is central is whether our practice of holding morally responsible, and blaming in particular, can be justified, and what notion of free will is required for that justification. Notions distinct from basic desert can ground our practice, and so the free will debate is independent of basic desert. Here I argue that the (...) one best candidate for such a notion is basic fairness, but in the area of moral responsibility there is no substantial difference between basic desert and basic fairness. (shrink)

Wrongdoing and the Moral Emotions provides an account of how we might effectively address wrongdoing given challenges to the legitimacy of anger and retribution that arise from ethical considerations and from concerns about free will. The issue is introduced in Chapter 1. Chapter 2 asks how we might conceive of blame without retribution, and proposes an account of blame as moral protest, whose function is to secure forward-looking goals such as the moral reform of the wrongdoer and reconciliation in relationships. (...) Chapter 3 considers whether it's possible to justify effectively dealing those who pose dangerous threats if they do not deserve to be harmed, and contends that wrongfully posing a threat is the core condition for the legitimacy of defensive harming. Chapter 4 provides an account of how to treat criminals without a retributive justification for punishment, and argues for an account in which the right of self-defense provides justification for measures such as preventative detention. Chapter 5 considers how we might forgive if wrongdoers don't basically deserve the pain of being resented, which forgiveness would then renounce, and proposes that forgiveness be conceived instead as renunciation of the stance of moral protest. Chapter 6 considers how personal relationships might function without retributive anger having a role in responding to wrongdoing, and contends that the stance of moral protest, supplemented with non-retributive emotions, is sufficient. Chapter 7 surveys the options for theistic and atheistic attitudes regarding the fate of humanity in a deterministic universe, and defends an impartial hope for humanity. (shrink)

:In this essay, I consider a particular version of the thesis that the blameworthy deserve to suffer, namely, that they deserve to feel guilty to the proper degree. Two further theses have been thought to explicate and support the thesis, one that appeals to the non-instrumental goodness of the blameworthy receiving what they deserve, and the other that appeals to the idea that being blameworthy provides reason to promote the blameworthy receiving what they deserve. I call the first "Good-Guilt" and (...) the second "Reason-Guilt.” I begin by exploring what I take to be the strongest argument for Good-Guilt which gains force from a comparison of guilt and grief, and the strongest argument against. I conclude that Good-Guilt might be true, but that even if it is, the strongest argument in favor of it fails to support it in a way that provides reason for the thesis that the blameworthy deserve to feel guilty. I then consider the hypothesis that Reason-Guilt might be true and might be the more fundamental principle, supporting both Good-Guilt and Desert-Guilt. I argue that it does not succeed, however, and instead propose a different principle, according to which being blameworthy does not by itself provide reason for promoting that the blameworthy get what they deserve, but that being blameworthy systematically does so in conjunction with particular kinds of background circumstances. Finally, I conclude that Desert-Guilt might yet be true, but that it does not clearly gain support from either Good-Guilt or Reason-Guilt. (shrink)

In this essay, I assess what I call the “Duty View,” subtly articulated and defended by Victor Tadros in Wrongs and Crimes. According to the Duty View, wrongdoers incur enforceable duties, including the duty to be punished in some circumstances, in virtue of their wrongdoing; therefore, punishment can be justified simply on the ground that wrongdoers’ duties are being legitimately enforced. I argue that, while wrongdoers do incur important duties, these are not necessarily fulfilled by providing protection against future offenses, (...) and I offer a comparative evaluation of the Duty View and an alternative approach, which I call the “Desert Plus View.” The Desert Plus View shares some of the key commitments of the Duty View, such as the rejection of the intrinsic goodness of wrongdoers getting what they deserve. More positively, however, according to the Desert Plus View, the fact that people are deserving can, together with certain additional conditions, such as the need for protection of its citizens, provide a reason for the state to give them what they deserve. (shrink)

Responsibility, blameworthiness in particular, has been characterized in a number of ways in a literature in which participants appear to be talking about the same thing much of the time. More specifically, blameworthiness has been characterized in terms of what sorts of responses are fair, appropriate, and deserved in a basic way, where the responses in question range over blame, sanctions, alterations to interpersonal relationships, and the reactive attitudes, such as resentment and indignation. In this paper, I explore the relationships (...) between three particular theses: (i) the claim that one is blameworthy to the extent that it is fair to impose sanctions, (ii) the claim that one is blameworthy to the extent that one deserves sanctions, and (iii) the claim that one is blameworthy to the extent that it is appropriate to respond with reactive attitudes. Appealing to the way in which luck in the outcome of an action can justifiably affect the degree of sanctions received, I argue that (i) is false and that fairness and desert come apart. I then argue that the relationship between the reactive attitudes and sanction is not as straightforward as has sometimes been assumed, but that (ii) and (iii) might both be true and closely linked. I conclude by exploring various claims about desert, including ones that link it to the intrinsic goodness of receiving what is deserved and to the permissibility or rightness of inflicting suffering. (shrink)

In this paper, I assess a challenging argument made by McKenna (J Ethical Theory, 2019) that free will might be important in justifying our moral responsibility practices even if free will is not important insofar as it is required for desert of blame and praise. I offer an alternative picture, according to which while we can justify our practices of moral responsibility in terms that appeal to free will without using terms that explicitly appeal to desert, desert is necessarily implicated (...) nevertheless by the very practices we seek to justify. In the process, I set out my understanding of the nature of blame and address the question of whether blame should always be understood as deserved in a sense distinct from fitting. (shrink)

In recent decades, participants in the debate about whether we are free and responsible agents have tended with increasing frequency to begin their papers or books by fixing the terms “free” and “responsible” in clear ways to avoid misunderstanding. This is an admirable development, and while some misunderstandings have certainly been avoided, and positions better illuminated as a result, new and interesting questions also arise. Two ways of fixing these terms and identifying the underlying concepts have emerged as especially influential, (...) one that takes the freedom required for responsibility to be understood in terms of accountability and the other in terms of desert. In this paper, I start by asking: are theorists talking about the same things, or are they really participating in two different debates? Are desert and accountability mutually entailing? I tentatively conclude that they are in fact mutually entailing. Coming to this conclusion requires making finer distinctions among various more specific and competing accounts of both accountability and desert. Ultimately, I argue, that there is good reason to accept that accountability and desert have the same satisfaction conditions. (shrink)

Skepticism about blameworthiness says that there is good reason to doubt that, in our world, humans are ever blameworthy for their deeds. A significant problem for the discussion of this view is that it is unclear how to understand the kind of blame that should be at issue. This paper makes a new proposal. The basic idea is that the kind of blame skeptics should be skeptical about is constituted by responses that can violate the targets’ claims and by the (...) responders’ thought that the targets have forfeited this claim because of their morally objectionable actions and because of how they were when they performed them. This view identifies an important part of our everyday lives and frames discussions about skepticism about blameworthiness in a new way. (shrink)

A familiar claim in the free will debate is that the freedom in dispute between compatibilists and incompatibilists is limited to the type required for an agent to deserve blame for moral wrongdoing, and to deserve it in a sense that is basic. In this paper, I seek a rationale for this claim, offer an explanation of basic desert, and then argue that the free will debate can persist even when divorced from basic desert.

In my “The Free Will Debate and Basic Desert,” I argued that against a familiar claim in the free will debate: that the freedom in dispute between compatibilists and incompatibilists is limited to the type required for an agent to deserve blame for moral wrongdoing, and to deserve it in a sense that is basic. In that earlier paper, I sought a rationale for this claim, offered an explanation of basic desert, and then argued that the free will debate can (...) persist even when divorced from basic desert. Dana Nelkin and Derk Pereboom then argued against my thesis. In this paper, I reply to their thoughtful criticisms. (shrink)

How should we understand basic desert as a justification for blaming? Many philosophers account for free will by reference to the sort of moral responsibility that involves a blameworthy person deserving blame in a basic sense of desert; free will just is the control condition for this sort of moral responsibility. But what precisely does basic desert come to, and what is it about blame that makes it the thing that a blameworthy person deserves? As it turns out, there are (...) challenges in attempting to understand basic desert for blame. One concerns whether the only good in harming a person by blaming her is instrumental. If so, there may be reason to reject desert-based conceptions of blame. In this paper, I will develop an account of basically deserved blame. In doing so, I will also defend the controversial thesis that the harm involved in blaming can be good in a way that is not merely instrumental. (shrink)

This paper examines the methodological claim made famous by P.F. Strawson: that we understand what features are required for responsible agency by exploring our attitudes and practices of holding responsible. What is the presumed metaphysical connection between holding responsible and being fit to be held responsible that makes this claim credible? I propose a non-standard answer to this question, arguing for a view of responsible agency that is neither anti-realist (i.e. purely 'conventionalist') nor straightforwardly realist. It is instead ‘constructivist’. On (...) the ‘Scaffolding View’ I defend, reactive attitudes play an essential role in developing, supporting, and thereby maintaining the capacities that make for responsible agency. While this view has relatively novel implications for a metaphysical understanding of capacities, its chief virtue, in contrast with more standard views, is providing a plausibly defensible account of how so-called responsible agents genuinely deserve to be treated as such. (shrink)

Many theorists claim that the reactive emotions, even in their private form, are communicative entities. But as widely endorsed as this claim is, it has not been redeemed: the literature lacks a clear and compelling account of the sense in which reactive attitudes qua private mental states are essentially communicative. In this paper, I fill this gap. I propose that it is apt to characterize privately held reactive attitudes as communicative in nature because they, like many paradigmatic forms of communication, (...) have representational content and the function of evoking uptake of this content in a recipient. (shrink)

In the contemporary moral responsibility debate, most theorists seem to be giving accounts of responsibility in the ‘desert-entailing sense’. Despite this agreement, little has been said about the notion of desert that is supposedly entailed. In this paper I propose an understanding of desert sufficient to help explain why the blameworthy and praiseworthy deserve blame and praise, respectively. I do so by drawing upon what might seem an unusual resource. I appeal to so-called Fitting-Attitude accounts of value to help inform (...) a conception of desert or merit, one that can be usefully applied to discussions of moral responsibility. I argue that the view, which I call, Desert as Fittingness (DAF), merits additional attention. I do so by making two claims: First, that it does better than extant Fitting Attitude accounts of blameworthiness and praiseworthiness; second, that it has an initial plausibility with respect to informing a general account of desert. While these reasons are insufficient to show the view is true, they do make the case for taking the view seriously. (shrink)

It has been argued that we cannot be morally responsible in the sense required to deserve blame or punishment if the world is deterministic, but still morally responsible in the sense of being apt targets for moral criticism. Desert-entailing moral responsibility is supposed to be more freedom-demanding than other kinds of responsibility, since it justifies subjecting people to blame and punishments, is nonconsequentialist, and has been shown by thought experiments to be incompatible with determinism. In this paper, I will show (...) that all these arguments can be resisted. (shrink)

In this paper I consider fairness of blaming a wrongdoer. In particular, I consider the claim that blaming a wrongdoer can be unfair because blame has a certain characteristic force, a force which is not fairly imposed upon the wrongdoer unless certain conditions are met--unless, e.g., the wrongdoer could have done otherwise, or unless she is someone capable of having done right, or unless she is able to control her behavior by the light of moral reasons. While agreeing that blame (...) has a characteristic force, I am skeptical of this charge of unfairness. My skepticism concerns itself less with the particular conditions of fairness proposed than with the idea that blame can be rendered unfair by its characteristic force. If to blame a person were simply to perform certain intentional actions, then, as we will see, blame could be rendered unfair by its force. But to blame a person is not just to act in certain ways. It is, at least in large part, to make certain judgments or adopt certain attitudes. However, it is unclear how these attitudes or judgments carry "force"? and also unclear whether they can be rendered unfair by their force. Examining these issues, I will suggest that much of the force of blame is found in a set of judgments--most centrally, the judgment that one person failed to show proper regard for others. But, I will argue, once it is granted that such judgments are true, their characteristic force cannot render them unfair. (shrink)

Much of the recent philosophical discussion about free will has been focused on whether compatibilists can adequately defend how a determined agent could exercise the type of free will that would enable the agent to be morally responsible in what has been called the basic desert sense :5–24, 1994; Fischer in Four views on free will, Wiley, Hoboken, 2007; Vargas in Four views on free will, Wiley, Hoboken, 2007; Vargas in Philos Stud, 144:45–62, 2009). While we agree with Derk Pereboom (...) and others that the compatibilist’s burden should be properly understood as providing a compelling account of how a determined agent could be morally responsible in the basic desert sense, the exact nature of this burden has been rendered somewhat unclear by the fact that there has been no definitive account given as to what the basic desert sense of moral responsibility amounts to. In Sect. 1 we set out to clarify the compatibilist’s burden by presenting our account of basic desert moral responsibility—which we call retributivist desert moral responsibility for purposes of clarity—and explain why it is of central philosophical and practical importance to the free will debate. In Sect. 2 we employ a thought experiment to illustrate the kind of difficulty that compatibilists of any stripe are likely to encounter in attempting to explain how determined agents can exercise the kind of free will needed for retributivist desert moral responsibility. (shrink)

It is often assumed that we are only blameworthy for that over which we have control. In recent years, however, several philosophers have argued that we can be blameworthy for occurrences that appear to be outside our control, such as attitudes, beliefs and omissions. This has prompted the question of why control should be a condition on blameworthiness. This paper aims at defending the control condition by developing a new conception of blameworthiness: To be blameworthy, I argue, is most fundamentally (...) to deserve to feel guilty. Being blamed by someone else is not necessarily harmful to the wrongdoer. The blame might not be expressed, or the wrongdoer might not care. But to blame oneself necessarily involves suffering. This conception of blameworthiness explains why the control condition should obtain: We are morally blameworthy for A only if A was under our control because to be blameworthy is to deserve to feel guilty, to feel guilty is to suffer, and one deserves to suffer for A only if A was under one’s control. (shrink)

Philosophers disagree about whether outcome luck can affect an agent's “moral responsibility.” Focusing on responsibility's “negative side,” some maintain, and others deny, that an action's results bear constitutively on how “blameworthy” the actor is, and on how much blame or punishment they “deserve.” Crucially, both sides to the debate assume that an actor's blameworthiness and negative desert are equally affected—or unaffected—by an action's results. This article challenges that previously overlooked assumption, arguing that blameworthiness and desert are distinct moral notions that (...) serve distinct normative functions: blameworthiness serves aliabilityfunction (removing a bar to otherwise impermissible treatments), whereas desert serves afavoringfunction (contributing new value to states of affairs, or providing new reasons for responsive treatments). Having distinguished (negative) desert from blameworthiness, the article proposes a novel resolution to the outcome‐luck debate: that results do not affect an agent's liability to blame, but do affect the amount and severity of blame to which the agent is justly liable, including by affecting the severity of blame that the agent deserves. (shrink)

Retribution is often dismissed as augmenting the initial harm done, rather than ameliorating it. This criticism rests on a crude view of retribution. In our actual practice in informal situations and in the workings of the reactive (properly called 'retributive') sentiments, retribution is true to the gravity of wrongdoing, but does aim to ameliorate it. Through wrongdoing, offenders become alienated from the moral community: their actions place their commitment to its core values in doubt. We recognize this status in blaming, (...) a withdrawal of civility and solidarity which symbolizes the moral distance wrongdoers have put between them and us. Atonement is the means by which they make themselves 'at one' again with the community. Retribution is properly understood as a cycle which recognizes disruption and alienation, but aims at reconciliation. (shrink)

Crucially, blame can be addressed to its targets, as an implicit demand for recognition. But when we ask whether offenders would actually appreciate this demand, via a sound deliberative route from their existing motivations, we face a puzzle. If they would, their offense reflects a deliberative mistake, and blame’s hostility seems unnecessary. If they wouldn’t, addressing them is futile, and blame’s emotional engagement seems unwarranted. To resolve this puzzle, I develop an account of blame as a proleptic response to indeterminacy (...) in its target’s reasons, yielding attractive accounts of blame’s relation both to internal reasons claims and to free will. (shrink)

David Shoemaker presents a new pluralistic theory of responsibility, based on the idea of quality of will. His approach is motivated by our ambivalence to real-life cases of marginal agency, such as those caused by clinical depression, dementia, scrupulosity, psychopathy, autism, intellectual disability, and poor formative circumstances. Our ambivalent responses suggest that such agents are responsible in some ways but not others. Shoemaker develops a theory to account for our ambivalence, via close examination of several categories of pancultural emotional responsibility (...) responses and their appropriateness conditions. The result is three distinct types of responsibility, each with its own set of required capacities: attributability, answerability, and accountability. Attributability is about the having and expressing of various traits of character, and it is the target of a range of aretaic sentiments and emotional practices organized around disdain and admiration. Answerability is about one’s capacity to govern one’s actions and attitudes by one’s evaluative judgments about the worth of various practical reasons, and it is the target of a range of sentiments and emotional practices organized around regret and pride. Accountability is about one’s ability to regard others, both evaluatively and emotionally, and it is the target of a range of sentiments and emotional practices organized around anger and gratitude. In Part One of the book, this tripartite theory is developed and defended. In Part Two of the book, the tripartite theory’s predictions about specific marginal cases are tested, once certain empirical details about the nature of those agents have been filled in and discussed. (shrink)

In Manipulated Agents, Alfred R. Mele examines the role one's history plays in whether or not one is morally responsible for one's actions. Mele develops a "history-sensitive" theory of moral responsibility through reflection on a wide range of thought experiments which feature agents who have been manipulated or designed in ways that directly affect their actions.

Elinor Mason draws on ethics and responsibility theory to present a pluralistic view of both wrongness and blameworthiness. Mason argues that our moral concepts, rightness and wrongness, must be connected to our responsibility concepts. But the connection is not simple. She identifies three different ways to be blameworthy, corresponding to different ways of acting wrongly. The paradigmatic way to be blameworthy is to act subjectively wrongly. Mason argues for an account of subjective obligation that is connected to the notion of (...) trying - to act rightly is try to do well by morality, to act wrongly (and to be blameworthy) is to fail to try hard enough. Trying involves understanding morality, those who do not grasp morality are in a different category. So agents might also be blameworthy for being oriented away from what really matters. In that case, agents are blameworthy in a different sense, the detached sense. Finally, we can become blameworthy by taking responsibility in cases where our agency is ambiguous. In the final section, Mason gives us an account of taking responsibility and agues that that is an important art of our responsibility practices. (shrink)

The result is nothing less than a fundamental reorientation of moral theory that enables it at last to account for morality's supreme authority--an account that ...

Derk Pereboom articulates and defends an original, forward-looking conception of moral responsibility. He argues that although we may not possess the kind of free will that is normally considered necessary for moral responsibility, this does not jeopardize our sense of ourselves as agents, or a robust sense of achievement and meaning in life.

In this book Michael McKenna advances a new theory of moral responsibility, one that builds upon the work of P.F. Strawson.

In Against Moral Responsibility, Bruce Waller launches a spirited attack on a system that is profoundly entrenched in our society and its institutions, deeply rooted in our emotions, and vigorously defended by philosophers from ancient times to the present. Waller argues that, despite the creative defenses of it by contemporary thinkers, moral responsibility cannot survive in our naturalistic-scientific system. The scientific understanding of human behavior and the causes that shape human character, he contends, leaves no room for moral responsibility. Waller (...) argues that moral responsibility in all its forms--including criminal justice, distributive justice, and all claims of just deserts--is fundamentally unfair and harmful and that its abolition will be liberating and beneficial. What we really want--natural human free will, moral judgments, meaningful human relationships, creative abilities--would survive and flourish without moral responsibility. In the course of his argument, Waller examines the origins of the basic belief in moral responsibility, proposes a naturalistic understanding of free will, offers a detailed argument against moral responsibility and critiques arguments in favor of it, gives a general account of what a world without moral responsibility would look like, and examines the social and psychological aspects of abolishing moral responsibility. Waller not only mounts a vigorous, and philosophically rigorous, attack on the moral responsibility system, but also celebrates the benefits that would result from its total abolition. (shrink)

Skepticism about moral responsibility, or what is more commonly referred to as moral responsibility skepticism, refers to a family of views that all take seriously the possibility that human beings are never morally responsible for their actions in a particular but pervasive sense. This sense is typically set apart by the notion of basic desert and is defined in terms of the control in action needed for an agent to be truly deserving of blame and praise. Some moral responsibility skeptics (...) wholly reject this notion of moral responsibility because they believe it to be incoherent or impossible. Others maintain that, though possible, our best philosophical and scientific theories about the world provide strong and compelling reasons for adopting skepticism about moral responsibility. What all varieties of moral responsibility skepticism share, however, is the belief that the justification needed to ground basic desert moral responsibility and the practices associated with it—such as backward-looking praise and blame, punishment and reward (including retributive punishment), and the reactive attitudes of resentment and indignation—is not met. Versions of moral responsibility skepticism have historically been defended by Spinoza, Voltaire, Diderot, d’Holbach, Priestley, Schopenhauer, Nietzsche, Clarence Darrow, B.F. Skinner, and Paul Edwards, and more recently by Galen Strawson, Derk Pereboom, Bruce Waller, Neil Levy, Tamler Sommers, and Gregg D. Caruso. -/- Critics of these views tend to focus both on the arguments for skepticism about moral responsibility and on the implications of such views. They worry that adopting such a view would have dire consequences for our interpersonal relationships, society, morality, meaning, and the law. They fear, for instance, that relinquishing belief in moral responsibility would undermine morality, leave us unable to adequately deal with criminal behavior, increase anti-social conduct, and destroy meaning in life. Optimistic skeptics, however, respond by arguing that life without free will and basic desert moral responsibility would not be as destructive as many people believe. These optimistic skeptics argue that prospects of finding meaning in life or of sustaining good interpersonal relationships, for instance, would not be threatened. They further maintain that morality and moral judgments would remain intact. And although retributivism and severe punishment, such as the death penalty, would be ruled out, they argue that the imposition of sanctions could serve purposes other than the punishment of the guilty—e.g., it can also be justified by its role in incapacitating, rehabilitating, and deterring offenders. (shrink)

The idea that demands are a key constituent of any analysis of the negative reactive attitudes is rarely challenged, enjoying a freedom from scrutiny uncommon in philosophy. In this paper I press on this orthodox view, arguing that there are broadly speaking, three ways in which the term ‘demand’ is used in discussions of the negative reactive attitudes and that each is problematic.

Debate on free will with Christian List, Gregg Caruso, and Cory Clark. The exchange is focused on Christian List's book Why Free Will Is Real.