Control and Responsibility

In his seminal essay, Harry Frankfurt argued that our exercise of free will and allocation of moral responsibility do not depend on us being able to do other than we did. Leslie Allan defends this moral maxim from Frankfurt's attack. Applying his character-based counterfactual conditional analysis of free acts to Frankfurt's counterexamples, Allan unpacks the confusions that lie at the heart of Frankfurt's argument. The author also explores how his 4C compatibilist theory measures up against Frankfurt’s conclusions.

The author mounts a case against the libertarian and hard determinist's thesis that free will is impossible in a deterministic world. He charges incompatibilists with misconstruing ordinary 'free will' talk by overlaying common language with their own metaphysical presuppositions. Through a review of ordinary discourse and recent developments in jurisprudence and the sciences, he draws together the four key factors required for an act to be free. He then puts his 4C theory to work in giving a credible account of (...) how caused human agents 'could have done otherwise'. (shrink)

I here press an often overlooked question: Why does the fairness of a sanction require an adequate opportunity to avoid it? By pressing this question, I believe I have come to better understand something that has long puzzled me, namely, what philosophers (and others) might have in mind when they talk about “true moral responsibility,” or the “condemnatory force” of moral blame, or perhaps even “basic desert.” In presenting this understanding of “condemnation” or of “basic desert,” I am presenting an (...) idea that I do not, myself, endorse—one to which I am, myself, opposed. I present and defend it, hoping that, if what I say accurately captures what people have in mind, it will also show how condemnation or desert, in this sense, can be left behind. (shrink)

Responsibility as accountability is normally taken to have stricter control conditions than responsibility as attributability. A common way to argue for this claim is to point to differences in the harmfulness of blame involved in these different kinds of responsibility. This paper argues that this explanation does not work once we shift our focus from other-directed blame to self-blame. To blame oneself in the accountability sense is to feel guilt and feeling guilty is to suffer. To blame oneself in the (...) attributability sense, it will be argued, is to feel shame and feeling shame is also to suffer. The different control conditions cannot be explained by a difference in the harm of blame. Instead, this paper argues that accountability and attributability are governed by different kinds of appropriateness: an agent S is accountability blameworthy for X only if S deserves to feel guilty; an agent S is attributability blameworthy for X only if it is fitting that S feels shame for X. (shrink)

In a series of recent papers, Justin Capes and Philip Swenson (together) and Michael Robinson (independently) have proposed new versions of the flickers of freedom reply to Frankfurt-style cases (FSCs). Both proposals claim, first, that what agents in FSCs are morally responsible for is performing a certain action on their own, and, second, that agents in FSCs retain robust alternative possibilities—alternatives in which the agent freely omits to perform the pertinent action on their own. In this paper, I argue that, (...) by attending to the details of the omissions in question, it becomes clear that agents in FSCs lack robust alternatives of this sort, for in the alternative sequences such agents do not freely omit. Since the problem for these recent proposals arises from their attempt to show that agents in FSCs retain robust alternatives, I go on to consider whether the flicker theorist might be better off either revising or rejecting the robustness requirement on alternative possibilities. I argue that neither alternative is available to the flicker theorist, and yet I also point out that the reasons why these alternatives are unavailable serve to highlight what exactly is at issue in the debate between leeway and sourcehood theorists, namely the grounds of our freedom. (shrink)

This paper explores what the metaphysics of time travel might teach us about moral responsibility. We take our cue from a recent paper by Yishai Cohen, who argues that if time travel is metaphysically possible, then one of the most influential theories of moral responsibility (i.e., Fischer and Ravizza’s) is false. We argue that Cohen’s argument is unsound but that Cohen’s argument can serve as a lens to bring reasons-responsive theories of moral responsibility into sharper focus, helping us to better (...) understand actual-sequence theories of moral responsibility more generally and showing how actual-sequence theorists should respond to a recent criticism. (shrink)

Orthodoxy holds that the difference between weakness of will and compulsion is a matter of the resistibility of an agent’s effective motivation, which makes control-based views of agency especially well-equipped to distinguish blameworthy weak-willed acts from non-blameworthy compulsive acts. I defend an alternative view that the difference between weakness and compulsion instead lies in the fact that agents would upon reflection give some conative weight to acting on their weak-willed desires for some aim other than to extinguish them, but not (...) to their compulsive desires. This view allows identificationist theorists of moral responsibility to explain why weak-willed actions, but not compulsive actions, are attributable to agents such that they can, in theory, be praised or blamed for them. After motivating and presenting the view in detail, I show how it has unique resources for explaining the ethics of managing one’s compulsions. (shrink)

I first sketch the different things we might have in mind, when thinking about responsibility. I then relate each of those to possible investigations of human agency. The most interesting such relation, in my opinion, is that between agency and what I call “responsibility as mattering.” I offer some hypotheses about that relation.

Attribution theorists assume that character information informs judgments of blame. But there is disagreement over why. One camp holds that character information is a fundamental determinant of blame. Another camp holds that character information merely provides evidence about the mental states and processes that determine responsibility. We argue for a two-channel view, where character simultaneously has fundamental and evidential effects on blame. In two large factorial studies (n = 495), participants rate whether someone is blameworthy when he makes a mistake (...) (burns a cake or misses a bus stop). Although mental state inferences predict blame judgments, character information does not. Using mediation analyses, we find that character information influences responsibility via two channels (Studies 3–4; n = 447), which are sensitive to different kinds of information (Study 5; n = 149). On the one hand, forgetfulness increases judgments of responsibility, because mental lapses manifest an objectionable character flaw. On the other hand, forgetfulness decreases judgments of state control, which in turn decreases responsibility judgments. These two channels cancel out, which is why we find no aggregate effect of forgetfulness on responsibility. Our results challenge several fundamental assumptions about the role of character information in moral judgment, including that good character typically mitigates blame. (shrink)

Responsibility is impossible because there is no responsibility-maker and there needs to be one if people are morally responsible. The two most plausible candidates, psychology and decision, fail. A person is not responsible for an unchosen psychology or a psychology that was chosen when the person is not responsible for the choice. This can be seen in intuitions about instantly-created and manipulated people. This result is further supported by the notion that, in general, the right, the good, and virtue rest (...) on the exercise of a capacity rather than the capacity itself. It is also supported by the notion that negligence is not a responsibility-maker. ​ A person is not responsible for a choice that does not reflect his psychology or that does reflect it when he is not responsible for the psychology. This can be seen by considering intuitions regarding acts that are unconnected or arbitrarily connected to a person’s psychology. It can also be seen intuitions about acts that result from a manipulated psychology. The problem with choice as a foundation can be further seen in that an infinite or self-created person would not be responsible despite these superhuman choice-related features. (shrink)

This essay is an investigation into the sense of ‘able’ relevant to free will, where free will is understood as requiring the ability to do otherwise. I argue that van Inwagen’s recent functional specification of the relevant sense of ‘able’ is flawed, and that explicating the powers involved in free will shall likely require paying detailed attention to the semantics and pragmatics of ‘can’ and ‘able’. Further, I argue that van Inwagen’s promise-level ability requirement on free will is too strong. (...) I also argue that Mele’s conjecture that the strength of the ability to perform the ‘alternative’ action (i.e. to refrain, to decide otherwise) be no higher than the strength of the ability exercised in performing an action is mistaken. I suggest there is an asymmetry in the strengths of the abilities which make up the n-way power that comprises free will, and that this looks to have some interesting consequences for the connection between the abilities required for free will and, e.g., the ‘up to us’ locution. (shrink)

Judgments of blame for others are typically sensitive to what an agent knows and desires. However, when people act negligently, they do not know what they are doing and do not desire the outcomes of their negligence. How, then, do people attribute blame for negligent wrongdoing? We propose that people attribute blame for negligent wrongdoing based on perceived mental control, or the degree to which an agent guides their thoughts and attention over time. To acquire information about others’ mental control, (...) people self-project their own perceived mental control to anchor third-personal judgments about mental control and concomitant responsibility for negligent wrongdoing. In four experiments (N = 841), we tested whether perceptions of mental control drive third-personal judgments of blame for negligent wrongdoing. Study 1 showed that the ease with which people can counterfactually imagine an individual being non-negligent mediated the relationship between judgments of control and blame. Studies 2a and 2b indicated that perceived mental control has a strong effect on judgments of blame for negligent wrongdoing and that first-personal judgments of mental control are moderately correlated with third-personal judgments of blame for negligent wrongdoing. Finally, we used an autobiographical memory manipulation in Study 3 to make personal episodes of forgetfulness salient. Participants for whom past personal episodes of forgetfulness were made salient judged negligent wrongdoers less harshly compared to a control group for whom past episodes of negligence were not salient. Collectively, these findings suggest that first-personal judgments of mental control drive third-personal judgments of blame for negligent wrongdoing and indicate a novel role for counterfactual thinking in the attribution of responsibility. (shrink)

The article analyzes the legislative issues on equal marriage in P. R. China. It adopts a path dependency analysis on the liberal institutional order’s effects to the regime’s structural discrimination on the lesbian, gay, bisexual, and transgender (LGBT) population. The research adopted a duo-lingual paradigm on Christianity with intercultural and transnational interpretations, and the research found the mis-adaption of language in the Chinese text of the United Nations charter is the key source to the suppression of the LGBT population in (...) mainland China. Furthermore, theological development for sexually diverse interpretations of the Bible is essential to mitigate the stigmatization of the LGBT population on a comparative constitutional review. (shrink)

Blame is multifarious. It can be passionate or dispassionate. It can be expressed or kept private. We blame both the living and the dead. And we blame ourselves as well as others. What’s more, we blame ourselves, not only for our moral failings, but also for our non-moral failings: for our aesthetic bad taste, gustatory self-indulgence, or poor athletic performance. And we blame ourselves both for things over which we exerted agential control (e.g., our voluntary acts) and for things over (...) which we lacked such control (e.g., our desires, beliefs, and intentions). I argue that, despite this manifest diversity in our blaming practices, it’s possible to provide comprehensive account of blame. Indeed, I propose a set of necessary and sufficient conditions that aims to specify blame’s extension in terms of its constitution as opposed to its function. And I argue that this proposal has a number of advantages beyond accounting for blame in all its disparate forms. For one, it can account for the fact that one’s having had control over whether one was to φ is a necessary condition for one’s being fittingly blamed for having φ-ed. For another, it can account for why, unlike fitting shame, fitting blame is always deserved, which in turn explains why there is something morally problematic about ridding oneself of one’s fitting self-blame (e.g., one’s fitting guilt). (shrink)

It seems that we can be directly accountable for our reasons-responsive attitudes—e.g., our beliefs, desires, and intentions. Yet, we rarely, if ever, have volitional control over such attitudes, volitional control being the sort of control that we exert over our intentional actions. This presents a trilemma: (Horn 1) deny that we can be directly accountable for our reasons-responsive attitudes, (Horn 2) deny that φ’s being under our control is necessary for our being directly accountable for φ-ing, or (Horn 3) deny (...) that the relevant sort of control is volitional control. This paper argues that we should take Horn 3. (shrink)

Far from being indiscriminately critical of the ideas he associated with the morality system, Bernard Williams offered vindicatory explanations of its crucial building blocks, such as the moral/non-moral distinction, the idea of obligation, the voluntary/involuntary distinction, and the practice of blame. The rationale for these concessive moves, I argue, is that understanding what these ideas do for us when they are not in the service of the system is just as important to leading us out of the system as the (...) critique of that system. I then show how regarding the aspiration to shelter life from luck as the system’s organizing ambition explains why the system elaborates and combines these building blocks in the way it does. Finally, I argue that the ultimate problem with the resulting construction is its frictionless purity. It robs valuable concepts of their grip on the world we live in, and, by insisting on purity from contingency, threatens to issue in nihilism about value and scepticism about agency. (shrink)

Many of our attitudes are non-culpable: there was nothing that we should have done to avoid holding them. I argue that we can still be blameworthy for non-culpable attitudes: they can impair our relationships in ways that make our full practice of apology and forgiveness intelligible. My argument poses a new challenge to indirect voluntarists, who attempt to reduce all responsibility for attitudes to responsibility for prior actions and omissions. Rationalists, who instead explain attitudinal responsibility by appeal to reasons-responsiveness, can (...) make sense of blameworthiness for non-culpable attitudes. In response, voluntarists could propose a revision of our actual practices. This would lead us into a quite different debate. (shrink)

Theories of moral desert focus only on the personal culpability of the agent to determine the amount of blame and punishment the agent deserves. I defend an alternative account of desert, one that does not focus only facts about offenders and their offenses. In this revised framework, personal culpability can do no more than set upper and lower limits for deserved blame and punishment. For more precise judgments within that spectrum, additional factors must be considered, factors that are independent of (...) the agent and the offense. I refer to this as the ‘partial conception’ of desert because takes facts about victims—their behavior, desires, and attitudes—into account for desert judgments. On my view, then, agents who are equally culpable may deserve different amounts of blame or punishment, depending on these victim-related factors. (shrink)

Akratic actions are often being thought to instantiate a paradigmatic self-control failure. . If we suppose that akrasia is opposed to self-control, the question is how akratic actions could be free and intentional. After all, it would seem that it is only if an action manifests self-control that it can count as free. My plan is to explore the relation between akrasia and self-control. The first section presents what I shall call the standard conception, according to which akrasia and self-control (...) are contraries, and introduces the puzzle that this conception raises. The second section turns to the arguments for and against the possibility of free and intentional akratic actions. The third section questions the claim that akratic actions are necessarily opposed to actions manifesting self-control. (shrink)

In this review, I summarize Elinor Mason’s Ways to be Blameworthy and raise some worries concerning three aspects of her book: her account of the knowledge condition on moral responsibility, her notion of blame and its justification as well as Mason’s conception of extended blameworthiness.

There is a concern that the widespread deployment of autonomous machines will open up a number of ‘responsibility gaps’ throughout society. Various articulations of such techno-responsibility gaps have been proposed over the years, along with several potential solutions. Most of these solutions focus on ‘plugging’ or ‘dissolving’ the gaps. This paper offers an alternative perspective. It argues that techno-responsibility gaps are, sometimes, to be welcomed and that one of the advantages of autonomous machines is that they enable us to embrace (...) certain kinds of responsibility gap. The argument is based on the idea that human morality is often tragic. We frequently confront situations in which competing moral considerations pull in different directions and it is impossible to perfectly balance these considerations. This heightens the burden of responsibility associated with our choices. We cope with the tragedy of moral choice in different ways. Sometimes we delude ourselves into thinking the choices we make were not tragic ; sometimes we delegate the tragic choice to others ; sometimes we make the choice ourselves and bear the psychological consequences. Each of these strategies has its benefits and costs. One potential advantage of autonomous machines is that they enable a reduced cost form of delegation. However, we only gain the advantage of this reduced cost if we accept that some techno-responsibility gaps are virtuous. (shrink)

Libertarian free will is, roughly, the view that agents cause actions to occur or not occur: Maddy’s decision to get a beer causes her to get up off her comfortable couch to get a beer, though she almost chose not to get up. Libertarian free will notoriously faces the luck objection, according to which agential states do not determine whether an action occurs or not, so it is beyond the control of the agent, hence lucky, whether an action occurs or (...) not: Maddy’s reasons for getting beer in equipoise with her reasons to remain in her comfortable seat do not determine that she will get up or stay seated, so it seems beyond her control, hence lucky, that she gets up. In this paper I consider a sub-set of the luck objection called the Physical Indeterminism Luck Objection, according to which indeterministic physical processes cause actions to occur or not, and agent’s lack control over these indeterministic physical processes, so agent’s lack control over, hence it is lucky, whether action occurs or not. After motivating the physical indeterminism luck objection, I consider responses from three recent event-causal libertarian models, and conclude that they fail to overcome the problem, though one promising avenue is opened up. (shrink)

This chapter explores the relationship between an agent’s moral responsibility for their actions and the situations in which an agent acts. Decades of research in psychology are sometimes thought to support situationism, the view that features of an agent’s situation greatly influence their behavior in powerful and surprising ways. Such situational fea­tures might therefore be thought to threaten agents’ abilities to act freely and responsi­bly. This chapter begins by discussing some relevant empirical literature on situationism. It then surveys several ways (...) of construing the situationist threat to moral responsibility as reducible to worries about determinism, manipulation, or luck. It is then argued that the best way to understand the situationist challenge is as a threat to reasons-responsive­ness. A common strategy for responding to the situationist threat to reasons-responsive­ness—the so-called modal response—is discussed. The chapter then defends a view called pessimistic realism: While the situationist literature puts human agency in an unflattering light, it does not show that agents’ reasons-responsiveness capacities are generally un­dermined by situational features. Several objections both to the modal strategy and to pessimistic realism are discussed. The chapter concludes with three thoughts concerning future directions. (shrink)

When is it fitting for an agent to feel guilt over an outcome, and for others to be morally indignant with her over it? A popular answer requires that the outcome happened because of the agent, or that the agent was a cause of the outcome. This paper reviews some of what makes this causal-explanatory view attractive before turning to two kinds of problem cases: cases of collective harms and cases of fungible switching. These, it is argued, motivate a related (...) but importantly different answer: What is required for fitting guilt and indignation is that the agent is relevantly implicated in that outcome: that the agent’s morally substandard responsiveness to reasons, or substandard caring, is relevantly involved in a normal explanation of it. This answer, it is further argued, makes sense because when an agent’s substandard caring is so involved, the outcome provides a lesson against such caring, a lesson central to the function of guilt and indignation. (shrink)

This paper provides a critical overview of recent work on epistemic blame. The paper identifies key features of the concept of epistemic blame and discusses two ways of motivating the importance of this concept. Four different approaches to the nature of epistemic blame are examined. Central issues surrounding the ethics and value of epistemic blame are identified and briefly explored. In addition to providing an overview of the state of the art of this growing but controversial field, the paper highlights (...) areas where future work is needed. (shrink)

Although convinced by Frankfurt-style cases that moral responsibility does not require the ability to do otherwise, semicompatibilists have not wanted to accept a parallel claim about moral responsibility for omissions, and so they have accepted asymmetrical requirements on moral responsibility for actions and omissions. In previous work, I have presented a challenge to various attempts at defending this asymmetry. My view is that semicompatibilists should give up these defenses and instead adopt symmetrical requirements on moral responsibility for actions and omissions, (...) and in this paper I highlight three advantages of doing so: first, it avoids a strange implication of the truth of determinism; second, it allows for a principled reply to Philip Swenson’s recent ‘No Principled Difference Argument’; third, it provides a reason to reject a crucial inference rule invoked by Peter van Inwagen’s ‘Direct Argument’ for the incompatibility of moral responsibility and determinism. (shrink)

Conceptual engineering is concerned with the improvement of our concepts. The motivating thought behind many such projects is that some of our concepts are defective. But, if to use a defective concept is to do something wrong, and if to do something wrong one must be in control of what one is doing, there might be no defective concepts, since we typically are not in control of our concept use. To address this problem, this paper turns from appraising the concepts (...) we use to appraising the people who use them. First, I outline several ways in which the use of a concept can violate moral standards. Second, I discuss three accounts of moral responsibility, which I call voluntarism, rationalism, and psychologism, arguing that each allows us to find at least some cases where we are responsible for using defective concepts. Third, I answer an objection that because most of our concepts are acquired through processes for which we are not responsible, our use of defective concepts is a matter of bad luck, and not something for which we are responsible after all. Finally, I conclude by discussing some of the ways we may hold people accountable for using defective concepts. (shrink)

Some philosophers contend that concomitant ignorance preserves moral responsibility for wrongdoing. An agent is concomitantly ignorant with respect to wrongdoing if and only if her ignorance is non-culpable, but she would freely have performed the same action if she were not ignorant. I, however, argue that concomitant ignorance excuses. I show that leading accounts of moral responsibility imply that concomitant ignorance excuses, and I debunk the view that concomitant ignorance preserves moral responsibility.

Human persons can act with libertarian freedom in heaven according to one prominent view, because they have freely acquired perfect virtue in their pre-heavenly lives such that acting rightly in heaven is volitionally necessary. But since the character of human persons is not perfect at death, how is their character perfected? On the unilateral model, God alone completes the perfection of their character, and, on the cooperative model, God continues to work with them in purgatory to perfect their own character. (...) I argue that although both models can make sense of all human persons enjoying free will in heaven on various assumptions, the cooperative model allows all human persons in heaven to enjoy a greater degree of freedom. This consideration about the degree of heavenly freedom provides a reason for God to implement the cooperative model. (shrink)

Neuroscience can relate to ethics and normative issues via the brain’s cognitive control network. This network accomplishes several executive processes, such as planning, task-switching, monitoring, and inhibiting. These processes allow us to increase the accuracy of our perceptions and our memory recall. They also allow us to plan much farther into the future, and with much more detail than any of our fellow mammals. These abilities also make us fitting subjects for responsibility claims. Their activity, or lack thereof, is at (...) the heart of culpability. For instance, planning to kill someone is strong evidence of what the law calls men rea—a guilty mind. Claims about norms, or ethical “should” claims, express two-level propositions, directed at the behaving person at one level, and at that person’s mind and cognitive control network at another level. Thus, “People should stop themselves from hurting others,” is a claim about how people should behave and also a claim about how their cognitive control networks should behave—i.e., they should inhibit harmful behavior, or the intentions leading up to it. Planning is both an ability of the full person, and of that person’s mind. Neuroscience affirms the common notion, seen both in law and folk psychology, that what makes us guilty or culpable are certain events and states that exist in our minds. Overt behavior, including speech, is fallible evidence of these states and processes. Cases of negligence still involve the executive processes, but “negatively,” in that negligence results when certain types of executive activity fail to take place. (shrink)

Reasoning is naturally understood as something which we actively do—as a kind of action. However, reflection on the supposed limits to the extent to which it is up to us how our reasoning unfolds is often taken to cast doubt on this idea. I argue that, once articulated with care, challenges to the idea that reasoning is a kind of action can be seen to trade on problematic assumptions. In particular, they trade on assumptions which could be used to rule (...) out paradigmatic actions from qualifying as such. Accordingly, no distinctive challenge to the idea that reasoning is a kind of action can trade on such assumptions. I suggest that it is a mistaken atomistic way of thinking about action which is the source of the relevant assumptions. Reasoning can unproblematically be maintained to be a kind of action. It is the atomistic way of thinking about action which ought to be rejected. (shrink)

In a recent article, P. Roger Turner and Justin Capes argue that no one is, or ever was, even partly morally responsible for certain world-indexed truths. Here we present our reasons for thinking that their argument is unsound: It depends on the premise that possible worlds are maximally consistent states of affairs, which is, under plausible assumptions concerning states of affairs, demonstrably false. Our argument to show this is based on Bertrand Russell’s original ‘paradox of propositions’. We should then opt (...) for a different approach to explain world-indexed truths whose upshot is that we may be morally responsible for some of them. The result to the effect that there are no maximally consistent states of affairs is independently interesting though, since this notion motivates an account of the nature of possible worlds in the metaphysics of modality. We also register in this article, independently of our response to Turner and Capes, and in the spirit of Russell’s aforementioned paradox and many other versions thereof, a proof of the claim that there is no set of all true propositions one can render false. (shrink)

ABSTRACT Recently, many authors have argued that claims about determinism and free will are situated on different levels of description and that determinism on one level does not rule out free will on another. This paper focuses on Christian List’s version of this basic idea. It will be argued for the negative thesis that List’s account does not rule out the most plausible version of incompatibilism about free will and determinism and, more constructively, that a level-based approach to free will (...) has better chances to meet skeptical challenges if it is guided by reasoning at the moral level – a level that has not been seriously considered so far by proponents of this approach. (shrink)

I argue that fitting resentment tracks unacceptable ‘ecological’ imbalances in relative social strength between victims and perpetrators that arise from violations of legitimate moral expectations. It does not respond purely, or even primarily, to offenders’ attitudes, and its proper targets need not be fully developed moral agents. It characteristically involves a wish for the restoration of social equilibrium rather than a demand for moral recognition or good will. To illuminate these contentions, I focus on cases that I believe demonstrate a (...) corollary thesis, namely, that strength, broadly construed, is a necessary condition of resentment-worthiness. I argue that weakness can make resentment unfitting in two ways. First, weakness may prevent a wrongdoer from shifting the balance of social power. Second, a weak wrongdoer may do social damage but be so lowly that resentment, which would represent him as excessively strong, would be inapt. Finally, I consider how accepting the ecological view might affect our theorizing about moral responsibility and the ethics of blame. (shrink)

Duress is a defense in both law and morality. The bank teller who provides an armed robber with the bank vault combination, the innocent suspect who fabricates a story after hours of interrogation, the Good Samaritan who breaks into a private cabin in the woods to save a stranded hiker, and the father who drives at high speed to rush his injured child to the hospital—in deciding how to respond to agents like these, we should take into account that they (...) have acted under duress. In this paper, I offer a new duress defense, which I call “distinctive duress.” The distinctive-duress defense is neither ordinary justification nor ordinary excuse. Rather, it is a defense available to agents who act wrongly because they are appropriately insensitive to certain reasons. In the distinctive-duress cases, an agent’s normative sensitivities are rightly directed elsewhere, leading them awry. (shrink)

Al Mele’s Manipulated Agents: A Window to Moral Responsibility (OUP 2019) is an extraordinarily careful and clear little book. A central recurring element is the use of examples of radical value reversals due to manipulation. In this commentary, I discuss the relevance of these examples to a simple quality of will account of blameworthiness without explicit historical conditions. Such an account, I suggest, can fairly straightforwardly explain how value reversals might mitigate blameworthiness. But I also suggest that the intuition that (...) they completely remove blameworthiness should instead be explained away. (shrink)

In this paper we show that being blameworthy for not blaming and being blameworthy for victim blaming are structurally similar. Each involve the two traditional contours of moral responsibility: a knowledge condition and a control condition. But interestingly, in these cases knowledge and control are importantly interrelated. Being in a relationship with another person affords us varying degrees of knowledge about them. This knowledge in turn affords agents in relationships varying degrees of influence over one another. Cases where an agent (...) is especially blameworthy for failing to blame a friend, a close colleague, or a spouse highlight this. The interdependence of these two conditions in interpersonal relationships sheds (partial) light on why victim blaming is morally wrong. We argue that victim blamers suffer from a kind of moral myopia by only focusing on what the victim could do, in virtue of their being in a relationship of some sort with their abuser, to avoid abuse. We focus specifically on cases where such moral myopia is fueled by misogynistic and hierarchical gender schema and scripts. (shrink)

Manipulated Agents: A Window to Moral Responsibility. By Mele Alfred R..).

I argue that considerations pertaining to constitutive luck undermine historicism—the view that an agent’s history can determine whether or not she is morally responsible. The main way that historicists have motivated their view is by appealing to certain cases of manipulation. I argue, however, that since agents can be morally responsible for performing some actions from characters with respect to which they are entirely constitutively lucky, and since there is no relevant difference between these agents and agents who have been (...) manipulated into acting from a character bestowed upon them by their manipulators, we should give up historicism. After presenting this argument and defending it against some potential objections, I briefly criticize the standard structuralist alternative and propose a new structuralist position that is shaped by reflection on constitutive luck. (shrink)

The idea of using responsibility in the allocation of healthcare resources has been criticized for, among other things, too readily abandoning people who are responsible for being very badly off. One response to this problem is that while responsibility can play a role in resource allocation, it cannot do so if it will leave those who are responsible below a “sufficiency” threshold. This paper considers first whether a view can be both distinctively sufficientarian and allow responsibility to play a role (...) even for those who will be left with very poor health. It then draws several further distinctions that may affect the application of responsibility at this level. We conclude that a more plausible version of the sufficientarian view is to allow a role for responsibility where failure to do so will leave someone else who is not responsible below the sufficiency threshold. However, we suggest that individuals must exhibit “sufficient responsibility” in order for this to apply, involving both a sufficient level of control and an avoidable failure to respond adequately to reasons for action. (shrink)

One way to frame the problem of moral luck is as a contradiction in our ordinary ideas about moral responsibility. In the case of two identical reckless drivers where one kills a pedestrian and the other does not, we tend to intuit that they are and are not equally blameworthy. The Character Response sorts these intuitions in part by providing an account of moral responsibility: the drivers must be equally blameworthy, because they have identical character traits and people are originally (...) praiseworthy and blameworthy in virtue of, and only in virtue of, their character traits. After explicating two versions of the Character Response, I argue that they both involve implausible accounts of moral responsibility and fail to provide a good solution to the problem of moral luck. I close by noting how proponents of moral luck can preserve a kernel of truth from the Character Response to explain away the intuition that the drivers are equally blameworthy. (shrink)

The aims of this paper are fourfold. The first aim is to characterize two distinct forms of circumstantial moral luck and illustrate how they are implicitly recognized in pre-theoretical moral thought. The second aim is to identify a significant difference between the ways in which these two kinds of circumstantial luck are morally relevant. The third aim is to show how the acceptance of circumstantial moral luck relates to the acceptance of resultant moral luck. The fourth aim is to defuse (...) a legitimate concern about accepting the existence of circumstantial moral luck, namely the fact that its existence implies substantial moral risks. (shrink)

One popular theory of moral responsibility locates responsible agency in exercises of control. These control-based theories often appeal to tracing to explain responsibility in cases where some agent is intuitively responsible for bringing about some outcome despite lacking direct control over that outcome’s obtaining. Some question whether control-based theories are committed to utilizing tracing to explain responsibility in certain cases. I argue that reflecting on certain kinds of negligence shows that tracing plays an ineliminable role in any adequate control-based theory (...) of responsibility. (shrink)

We sometimes fail unwittingly to do things that we ought to do. And we are, from time to time, culpable for these unwitting omissions. We provide an outline of a theory of responsibility for unwitting omissions. We emphasize two distinctive ideas: (i) many unwitting omissions can be understood as failures of appropriate vigilance, and; (ii) the sort of self-control implicated in these failures of appropriate vigilance is valuable. We argue that the norms that govern vigilance and the value of self-control (...) explain culpability for unwitting omissions. (shrink)

Healthcare systems need to consider not only how to prevent error, but how to respond to errors when they occur. In the United Kingdom’s National Health Service, one strand of this latter response is the ‘No Blame Culture’, which draws attention from individuals and towards systems in the process of understanding an error. Defences of the No Blame Culture typically fail to distinguish between blaming someone and holding them responsible. This article argues for a ‘responsibility culture’, where healthcare professionals are (...) held responsible in cases of foreseeable and avoidable errors. We demonstrate how healthcare professionals can justifiably be held responsible for their errors even though they work in challenging circumstances. We then review the idea of ‘responsibility without blame’, applying this to cases of error in healthcare. Sensitive to the undesirable effects of blaming healthcare professionals and to the moral significance of holding individuals accountable, we argue that a responsibility culture has significant advantages over a No Blame Culture due to its capacity to enhance patient safety and support medical professionals in learning from their mistakes, while also recognising and validating the legitimate sense of responsibility that many medical professionals feel following avoidable error, and motivating medical professionals to report errors. (shrink)

Since our moral and legal judgments are focused on our decisions and actions, one would expect information about the neural underpinnings of human decision-making and action-production to have a significant bearing on those judgments. However, despite the wealth of empirical data, and the public attention it has attracted in the past few decades, the results of neuroscientific research have had relatively little influence on legal practice. It is here argued that this is due, at least partly, to the discussion on (...) the relationship of the neurosciences and law mixing up a number of separate issues that have different relevance on our moral and legal judgments. The approach here is hierarchical; more and less feasible ways in which neuroscientific data could inform such judgments are separated from each other. The neurosciences and other physical views on human behavior and decision-making do have the potential to have an impact on our legal reasoning. However, this happens in various different ways, and too often appeal to any neural data is assumed to be automatically relevant to shaping our moral and legal judgments. Our physicalist intuitions easily favor neural-level explanations to mental-level ones. But even if you were to subscribe to some reductionist variant of physicalism, it would not follow that all neural data should be automatically relevant to our moral and legal reasoning. However, the neurosciences can give us indirect evidence for reductive physicalism, which can then lead us to challenge the very idea of free will. Such a development can, ultimately, also have repercussions on law and legal practice. (shrink)

Miriam Schleifer McCormick delineates the limits, or at least one limit, of the ethics of mind. Many theorists, including McCormick herself, have argued that some states of mind are appropriate targets of certain reactive attitudes even if they cannot be directly controlled. McCormick now worries that the scope of agency can be widened too far so that no area of mind is beyond the reach of appropriate assessment and judgement. She begins with the intuition that there is, or ought to (...) be, a domain of the mind that is completely free of normative assessment, where you are safe to let your thoughts and images go wherever they take you without concern that you are doing anything wrong, where praise and shame do not apply. McCormick begins by offering an example of the kind of state she thinks should be beyond normative judgment; she argues that certain kinds of wakeful fantasies are on par with sleeping dreams. If one shares McCormick’s view that there is a “free” domain of the wakeful mind, then what she is doing can be seen as clarifying why such states exempt them from judgment. If one does not share this intuition, then what McCormick is doing can be seen as specifying what criteria would be needed for a kind of state (or domain) to be free in this sense. And then some may argue that no wakeful fantasies satisfy these criteria. McCormick addresses those arguments and argues that if the fantasies as characterized are appropriate targets of normative assessment, then it will be very difficult to exempt dreams of sleep, as well as other exercises of imagination. Of course, some people (like Augustine and surprisingly many others) will not mind this result. McCormick doesn’t think then that is the end of the discussion, stalemate and parting of intuitions, for she argues that a case can be made for the value of having a realm of imagination that is beyond the reach of any kind of judgment. (shrink)