Control and Responsibility

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)

There is no such thing as moral luck or everyone is profoundly mistaken about its nature and a radical rethinking of moral luck is needed. The argument to be developed is not complicated, and relies almost entirely on premises that should seem obviously correct to anyone who follows the moral luck literature. The conclusion, however, is surprising and disturbing. The classic cases of moral luck always involve an agent who lacks control over an event whose occurrence affects her praiseworthiness or (...) blameworthiness. Close examination of what it is to have control or to lack it reveals the logical space for counterexamples that do not fit the pattern constitutive of moral luck, and so unravel the whole. (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)

Although the free will debate of contemporary analytic philosophy lacks almost any kind of historical perspective, some scholars have pointed out a striking similarity between Stoic approaches to free will and Frankfurt’s well-known hierarchical theory. However, the scholarly agreement is only apparent because they disagree about the kind of similarity between the Stoic and the Frankfurtian theories. The main thesis of my paper is that so far, commentators have missed the crucial difference between the Stoics’ approach to free will and (...) Frankfurt’s, a difference that makes the former the superior approach. (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)

Maximalism is the view that an agent is permitted to perform a certain type of action if and only if she is permitted to perform some instance of this type, where φ-ing is an instance of ψ-ing if and only if φ-ing entails ψ-ing but not vice versa. Now, the aim of this paper is not to defend maximalism, but to defend a certain account of our options that when combined with maximalism results in a theory that accommodates the idea (...) that a moral theory ought to be morally harmonious—that is, ought to be such that the agents who satisfy the theory, whoever and however numerous they may be, are guaranteed to produce the morally best world that they have the option of producing. I argue that, for something to count as an option for an agent, it must, in the relevant sense, be under her control. And I argue that the relevant sort of control is the sort that we exercise over our reasons-responsive attitudes by being both receptive and reactive to reasons. I call this sort of control rational control, and I call the view that φ-ing is an option for a subject if and only if she has rational control over whether she φs rationalism. When we combine this view with maximalism, we get rationalist maximalism, which I argue is a promising moral theory. (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)

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)

Broome takes himself and his opponents to be concerned with the ordinary use of 'ra-tional'. I argue that this is at best misleading. For the object of current theories of rationality is determined by a specific use of 'rational' that is intimately connected to blame and praise. I call the property it refers to 'rationalityRESP'. This focus on rationalityRESP, I argue, has two significant implications for Broome's critique of theories of rationality as reasons-responsiveness. First, ra-tionalityRESP is plausibly conceived of as (...) a kind of reasons-responsiveness. Secondly, Broome's dispute with internalists about normativity as well as his dispute with externalists about rationality both hinge on questions regarding the concept of responsibility. I conclude that philosophers should integrate discussions about responsibility in their debates about rationality. (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)

I develop an interdisciplinary framework for understanding the nature of agents and agency that is compatible with recent developments in the metaphysics of science and that also does justice to the mechanistic and normative characteristics of agents and agency as they are understood in moral philosophy, social psychology, neuroscience, robotics, and economics. The framework I develop is internal perspectivalist. That is to say, it counts agents as real in a perspective-dependent way, but not in a way that depends on an (...) external perspective. Whether or not something counts as an agent depends on whether it is able to have a certain kind of perspective. My approach differs from many others by treating possession of a perspective as more basic than the possession of agency, representational content/vehicles, cognition, intentions, goals, concepts, or mental or psychological states; these latter capabilities require the former, not the other way around. I explain what it means for a system to be able to have a perspective at all, beginning with simple cases in biology, and show how self-contained normative perspectives about proper function and control can emerge from mechanisms with relatively simple dynamics. I then describe how increasingly complex control architectures can become organized that allow for more complex perspectives that approach agency. Next, I provide my own account of the kind of perspective that is necessary for agency itself, the goal being to provide a reference against which other accounts can be compared. Finally, I introduce a crucial distinction that is necessary for understanding human agency: that between inclinational and committal agency, and venture a hypothesis about how the normative perspective underlying committal agency might be mechanistically realized. (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)

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)

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)

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

Critics of synergism often complain that the view entails Pelagianism, and so, critics think, monergism looks like the only live option. Critics of monergism often claim that the view entails that the blame for human sin ultimately traces to God. Recently, several philosophers have attempted to chart a middle path by offering soteriological accounts which are monergistic but maintain the resistibility of God’s grace. In this paper, we present a challenge to such accounts of the resistibility of grace, namely that (...) they imply that human beings are praiseworthy for omitting to resist God’s grace. Even if such views escape Pelagianism as it is typically defined, they fail to avoid the worry at the heart of prominent criticisms of Pelagianism concerning the praise for a human being’s salvation. At the end of the paper, we suggest three possible solutions to this problem. (shrink)

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)

This dissertation is a defence of agent-regret and an exploration of its role in our lives. I argue that agent-regret shows that an agent takes seriously her status as an agent who impacts the world, but who only has fallible control over it. To accept responsibility for any outcomes, she must accept responsibility for unintended outcomes, too: agent-regret is part of being a human agent. In doing this, I try to defend and develop Williams’s own conception of agent-regret. -/- In (...) the first part, I explore the nature of agent-regret. Agent-regret is distinct from guilt because we can feel agent-regret without being at fault. I argue that several challenges that seek to reduce agent-regret to a form of guilt fail. I further argue that agent-regret takes as its object not only something one has done, but the fact that one did it; I discuss this in terms of what Bernard Williams called taking an “external” view on one’s own action. -/- I suggest that we can best understand the object of agent-regret as one’s responsibility for an outcome. I argue that this form of “responsibility” is conceptually separate from liability or answerability; it concerns whether the outcome can be ascribed to an agent. This is a restricted form of causal responsibility but retains its agential character. I suggest that we can be responsible for outcomes even when we did not intend to bring them about. -/- In the second part, I vindicate the propriety of agent-regret against the ideas that we are not responsible for unintended outcomes or that such responsibility is not important. I set out several challenges to this effect. I argue that we are responsible for unintended outcomes because in order to be responsible as agents at all, we must use fallible abilities. When we exercise these abilities but fail, we are responsible as agents for those unintended outcomes that arise. I then consider the importance of being responsible for particular unintended outcomes and analyse the idea that this affects our identities. I argue that responsibility for an outcome affects a form of identity, but that it does not involve essential features of a person. Instead, our responsibility for outcomes is a contingent feature that nonetheless plays an important role in our interpersonal interactions and self-conceptions. I argue that these reactions are appropriate, because our responsibility for particular outcomes is independently significant—but these reactions also lend this responsibility added significance as part of inescapable human practices. -/- Thus our responsibility for outcomes is important. Its importance means that it can serve as an appropriate object of agent-regret that vindicates the propriety of agent-regret. I end by considering several interesting features of agent-regret, including its expression and “pure” cases, which are cases where an agent feels agent-regret despite not regretting the result of her action. (shrink)

My ambition in this paper is to provide an account of an unacknowledged example of blameless guilt that, I argue, merits further examination. The example is what I call carer guilt: guilt felt by nurses and family members caring for patients with palliative-care needs. Nurses and carers involved in palliative care often feel guilty about what they perceive as their failure to provide sufficient care for a patient. However, in some cases the guilty carer does not think that he has (...) the capacity to provide sufficient care; he has, in his view, done all he can. These carers cannot legitimately be blamed for failing to meet their own expectations. Yet despite acknowledging their blamelessness, they nonetheless feel guilty. My aims are threefold: first, to explicate the puzzling nature of the carer guilt phenomenon; second, to motivate the need to solve that puzzle; third, to give my own account of blameless guilt that can explain why carers feel guilty despite their blamelessness. In doing so I argue that the guilt experienced by carers is a legitimate case of guilt, and that with the right caveats it can be considered an appropriate response to the progressive deterioration of someone for whom we care. (shrink)

When sporting agents fail through wrongful or faulty behaviour, they should feel guilty; when they fail because of a deficiency in their abilities, they should feel shame. But sometimes we fail without being deficient and without being at fault. I illustrate this with two examples of players, Moacir Barbosa and Roberto Baggio, who failed in World Cup finals and cost their teams the greatest prize in sport. Although both players failed, I suggest that neither was at fault and neither was (...) deficient. I argue that we can fail through no fault of our own because our abilities are always fallible. This fallibility means that to succeed – to achieve sporting glory – we must run the risk of failure. The appropriate emotion to feel over such failures is agent-regret. Sporting agents and observers should not take up what I call the ‘critical position’: the idea that someone who fails must be deficient or must have been at fault. This allows for a softer, but also more accurate, attitude towards our own failures and the failures of others. I end by suggesting that the fallibility of our abilities is made clear through playing or watching sport, and this can illuminate life more broadly. (shrink)

Subjective rightness (or ‘ought’ or obligation) seems to be the sense of rightness that should be action guiding where more objective senses fail. However, there is an ambiguity between strong and weak senses of action guidance. No general account of subjective rightness can succeed in being action guiding in a strong sense by providing an immediately helpful instruction, because helpfulness always depends on the context. Subjective rightness is action guiding in a weaker sense, in that it is always accessible and (...) comprehensible to the agent. Hence traditional belief formulations say roughly, “do what you believe is best.” This is not yet a satisfactory formulation, because it cannot make sense of our ongoing subjective duty to improve our beliefs. The notion of ‘trying’ does capture the dynamic and diachronic nature of our subjective obligation. Thus, we should formulate subjective obligation in terms of trying: “try to do well by morality.”. (shrink)

In this paper I discuss various hard cases that an account of moral ignorance should be able to deal with: ancient slave holders, Susan Wolf’s JoJo, psychopaths such as Robert Harris, and finally, moral outliers. All these agents are ignorant, but it is not at all clear that they are blameless on account of their ignorance. I argue that the discussion of this issue in recent literature has missed the complexities of these cases by focusing on the question of epistemic (...) fault. It is not clear that all blameworthy morally ignorant agents have committed an epistemic fault. There are other important issues that pull us in various directions: moral capacity, bad will, and formative circumstances. I argue that bad will is what is crucial, and moral ignorance itself can be a form of bad will. I argue that we should distinguish between two sorts of bad will, and correspondingly, two sorts of blameworthiness. Ordinary blameworthiness, requires moral knowledge, and is based on akratic action. The other kind of blameworthiness, objective blameworthiness, applies when the agent is morally ignorant, and when this indicates bad will. Objective blameworthiness can be undermined by unfortunate formative circumstances. (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.

There seems to be widespread agreement that to be responsible for something is to be deserving of certain consequences on account of that thing. Call this the “merited-consequences” conception of responsibility. I think there is something off, or askew, in this conception, though I find it hard to articulate just what it is. The phenomena the merited-consequences conception is trying to capture could be better captured, I think, by noting the characteristic way in which certain minds can rightly matter to (...) other such minds—the way in which certain minds can carry a certain kind of importance, made manifest in certain sorts of responses. Mattering, not meriting, seems to me central. However, since I cannot yet better articulate an alternative, I continue in the merit-consequences framework. I focus on a particular class of consequences: those that are non-voluntary, in a sense explained. The non-voluntariness of these reactions has two important upshots. First, questions about their justification will be complex. Second, they are not well thought of as consequences voluntarily imposed upon the wrongdoer by the responder. By focusing on merited consequences and overlooking non-voluntariness, we risk misunderstanding the significance of moral criticism and of certain reactions to moral failure. (shrink)

Philosophy and Phenomenological Research, EarlyView.

Our rapidly increasing reliance on frictionless AI interactions may increase cognitive and emotional distance, thereby letting our adaptive resilience slacken and our ethical virtues atrophy from disuse. Many trends already well underway involve the offloading of cognitive, emotional, and ethical labor to AI software in myriad social, civil, personal, and professional contexts. Gradually, we may lose the inclination and capacity to engage in critically reflective thought, making us more cognitively and emotionally vulnerable and thus more anxious and prone to manipulation (...) from false news, deceptive advertising, and political rhetoric. In this article, I consider the overarching features of this problem and provide a framework to help AI designers tackle it through system enhancements in smartphones and other products and services in the burgeoning internet of things (IoT) marketplace. The framework is informed by two ideas: psychologist Daniel Kahneman’s cognitive dual process theory and moral self-awareness theory, a four-level model of moral identity that I developed with Benjamin M. Cole. (shrink)

This paper has two goals: (1) to defend a particular response to the problem of resultant moral luck and (2) to defend the claim that we are only responsible for what we could have avoided. Cases of overdetermination threaten to undermine the claim that we are only responsible for what we could have avoided. To deal with this issue, I will motivate a particular way of responding to the problem of resultant moral luck. I defend the view that one's degree (...) of responsibility is immune to moral luck but the scope of events for which one is responsible is subject to moral luck. I will then argue that this view allows us to explain away certain intuitions about responsibility and overdetermination (as well as similar intuitions regarding Frankfurt Cases). As a result, the claim that we are only responsible for what we could have avoided becomes significantly more plausible. (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)

In the paper, I defend the skeptical view that no one is ever morally responsible in the basic desert sense since luck universally undermines responsibility-level control. I begin in Section 1 by defining a number of different varieties of luck and examining their relevance to moral responsibility. I then turn, in Section 2, to outlining and defending what I consider to be the best argument for the skeptical view--the luck pincer (Levy 2011). I conclude in Section 3 by addressing Robert (...) Hartman's (2017) numerous objections to the luck pincer. I argue that the luck pincer emerges unscathed and the pervasiveness of luck (still) undermines moral responsibility. (shrink)

Excuses are commonplace. Making and accepting excuses is part of our practice of holding each other morally responsible. But excuses are also curious. They have normative force. Whether someone has an excuse for something they have done matters for how we should respond to their action. An excuse can make it appropriate to forgo blame, to revise judgments of blameworthiness, to feel compassion and pity instead of anger and resentment. The considerations we appeal to when making excuses are a motley (...) bunch: tiredness, stress, a looming work deadline, a wailing infant, poverty, duress, ignorance. What unifies these various considerations as a class? In virtue of what can they all excuse? And what does their normative force consist in? This paper aims to develop a unified account of excuses: what they are and what they do. In a nutshell, I argue that excuses are considerations that show that an agent’s wrongdoing does not manifest a specific motivational failing: namely, the lack of a morally adequate present-directed intention. What do excuses do? I suggest that they function as responsibility-modifiers. They alter how the wrongdoer, the wronged party, bystanders may morally respond to a wrong, without negating that it remains appropriate to respond in some way. (shrink)

The “morality system,” Bernard Williams writes, is “a deeply rooted and still powerful misconception of life.” It combines, in ways that Williams finds problematic, certain quite special conceptions of value, motivation, obligation, practical necessity, responsibility, voluntariness, blame, and guilt. But why does the morality system combine just these ideas in the way it does? And what exactly is wrong with it? This essay seeks to answer these questions by reconstructing the morality system from the ground up, starting by explaining why (...) the ideas it harnesses are there to be harnessed in the first place. The first part (§1) considers vindicatory explanations, in terms of highly generic and near universal needs, of four crucial building blocks for the morality system: the moral/non-moral distinction, the idea of obligation, the voluntary/involuntary distinction, and the practice of blame. This part performs a double function: it explains why these conceptual practices are there to be harnessed by the system in the first place, and it offers us a way of making sense of them that is independent of the system. The second part (§2) is a vindicatory explanation, relative to the need for ultimate fairness, of the way in which the morality system combines and refines these building blocks in order to provide a shelter from luck. Reconstructing the system in light of this organizing ambition gives us a good grasp on why it has the shape it has, and what the different components of the system contribute. The third part (§3) is a critique of the resulting construction: I argue that the ultimate problem with the morality system is its frictionless purity. It robs valuable concepts of their grip on the kind of world we live in, and, by insisting on purity from contingency, threatens to issue in nihilism about value and scepticism about agency. To overcome these problems, it is not enough to accept that contingency and luck pervade human life. We also need to revise our understanding of what the facts of contingency and luck entail. In particular, we need to abandon the purist attitude that blinds us to alternative ways of making sense of human values and agency—alternatives that naturalistic but vindicatory explanations can provide. (shrink)

An interesting aspect of Ernest Sosa’s (2017) recent thinking is that enhanced performances (e.g., the performance of an athlete under the influence of a performance-enhancing drug) fall short of aptness, and this is because such enhanced performances do not issue from genuine competences on the part of the agent. In this paper, I explore in some detail the implications of such thinking in Sosa’s wider virtue epistemology, with a focus on cases of cognitive enhancement. A certain puzzle is then highlighted, (...) and the solution proposed draws from both the recent moral responsibility literature on guidance control (e.g., Fischer and Ravizza 1998; Fischer 2012) as well as from work on cognitive integration in the philosophy of mind and cognitive science (e.g., Clark and Chalmers 1998; Clark 2008; Pritchard 2010; Palermos 2014; Carter 2017). (shrink)

This paper discusses a puzzling tension in attributions of moral responsibility in cases of resultant moral luck: we seem to hold agents fully morally responsible for unlucky outcomes, but less-than-fully-responsible for unlucky outcomes brought about differently than intended. This tension cannot be easily discharged or explained, but it does shed light on a famous puzzle about causation and responsibility, the Thirsty Traveler.

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)

The Principle of Alternative Possibilities is the intuitive idea that someone is morally responsible for an action only if she could have done otherwise. Harry Frankfurt has famously presented putative counterexamples to this intuitive principle. In this paper, I formulate a simple version of the Principle of Alternative Possibilities that invokes a course-grained notion of actions. After warming up with a Frankfurt-Style Counterexample to this principle, I introduce a new kind of counterexample based on the possibility of time travel. At (...) the end of the paper, I formulate a more sophisticated version of the Principle of Alternative Possibilities that invokes a certain fine grained notion of actions. I then explain how this new kind of counterexample can be augmented to show that even the more sophisticated principle is false. (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)

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)

It is widely thought that, to be morally responsible for some action or omission, an agent must have had, at the very least, the general ability to do otherwise. As we argue, however, there are counterexamples to the claim that moral responsibility requires the general ability to do otherwise. We present several cases in which agents lack the general ability to do otherwise and yet are intuitively morally responsible for what they do, and we argue that such cases raise problems (...) for various kinds of accounts of moral responsibility. We suggest two alternative approaches to thinking about the connection between moral responsibility and abilities to do otherwise, one of which denies that there is any ability-to-do-otherwise requirement on moral responsibility and the other of which requires only an opportunity to do otherwise. We also argue that a general-ability-to-do-otherwise requirement not only faces counterexamples but also lacks positive motivation. (shrink)

Given the unwittingness of negligence, personal responsibility for negligent conduct is puzzling. After all, how is it that one is responsible for what one did not intend to do or was unaware that one was doing? How, therefore, is one’s agency involved with one’s negligence so as to ground one’s responsibility for it? Negligence is an unwitting failure in agency to meet a standard requiring conduct that falls within one’s competency. Accordingly, negligent conduct involves agency in that negligence is a (...) manifestation of agency failure. Now, nobody’s perfect. Human agency is innately fallible, and a measure of agency failure is, therefore, unavoidable. The more one’s negligence manifests failure in one’s agency as an individual, the more one is responsible for it. In contrast, the more one’s negligence involves the shortcomings innate to all human agency the less responsible one becomes, because one’s agency as an individual is less and less involved in one’s failure. Determinative of the measure of individual and of human failings mixed into an instance of negligent phi-ing is the background quality of one’s agency at meeting one’s competency at phi-ing. That is, how able one is at delivering on what one is able to competently do. The more able, the less one’s occasional instances of negligence involve manifestations of failures of one’s agency as an individual – nobody’s perfect – and are more manifestations of one’s agency’s innate human fallibility, making one less and less responsible for one’s negligence. (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)

The actualism/possibilism debate in ethics concerns the relationship between an agent’s free actions and her moral obligations. The actualist affirms, while the possibilist denies, that facts about what agents would freely do in certain circumstances partly determines that agent’s moral obligations. This paper assesses the plausibility of actualism and possibilism in light of desiderata about accounts of blameworthiness. This paper first argues that actualism cannot straightforwardly accommodate certain very plausible desiderata before offering a few independent solutions on behalf of the (...) actualist. This paper then argues that, contrary to initial appearances, possibilism is subject to its own comparably troubling blameworthiness problem. (shrink)

[This download includes the table of contents and chapter 1.] When we praise, blame, punish, or reward people for their actions, we are holding them responsible for what they have done. Common sense tells us that what makes human beings responsible has to do with their minds and, in particular, the relationship between their minds and their actions. Yet the empirical connection is not necessarily obvious. The “guilty mind” is a core concept of criminal law, but if a defendant on (...) trial for murder were found to have serious brain damage, which brain parts or processes would have to be damaged for him to be considered not responsible, or less responsible, for the crime? What mental illnesses would justify legal pleas of insanity? The authors argue that evidence from neuroscience and cognitive science can illuminate and inform the nature of responsibility and agency. They go on to offer a novel and comprehensive neuroscientific theory of human responsibility. (shrink)

The immediate aim of this paper is to articulate the essential features of an alternative compatibilist position, one that is responsive to sources of resistance to the compatibilist program based on considerations of fate and luck. The approach taken relies on distinguishing carefully between issues of skepticism and pessimism as they arise in this context. A compatibilism that is properly responsive to concerns about fate and luck is committed to what I describe as free will pessimism, which is to be (...) distinguished from free will skepticism. Free will skepticism is the view that our vulnerability to conditions of fate and luck serve to discredit our view of ourselves as free and responsible agents. Free will pessimism rejects free will scepticism, since the basis of its pessimism rests with the assumption that we are free and responsible agents who are, nevertheless, subject to fate and luck in this aspect of our lives. According to free will pessimism, all the major parties and positions in the free will debate, including that of skepticism, are modes of evasion and distortion regarding our human predicament in respect of agency and moral life. (shrink)

The discussion in this paper begins with some observations regarding a number of structural similarities between art and morality as it involves human agency. On the basis of these observations we may ask whether or not incompatibilist worries about free will are relevant to both art and morality. One approach is to claim that libertarian free will is essential to our evaluations of merit and desert in both spheres. An alternative approach, is to claim that free will is required only (...) in the sphere of morality—and that to this extent the art/morality analogy breaks down. I argue that both these incompatibilist approaches encounter significant problems and difficulties—and that incompatibilist have paid insufficient attention to these issues. However, although the analogy between art and morality may be welcomed by compatibilists, it does not pave the way for an easy or facile optimism on this subject. On the contrary, while the art/morality analogy may lend support to compatibilism it also serves to show that some worries of incompatibilism relating to the role of luck in human life cannot be easily set aside, which denies compatibilism any basis for complacent optimism on this subject. (shrink)

In this paper, I take it for granted both that there are two types of blameworthiness—accountability blameworthiness and attributability blameworthiness—and that avoidability is necessary only for the former. My task, then, is to explain why avoidability is necessary for accountability blameworthiness but not for attributability blameworthiness. I argue that what explains this is both the fact that these two types of blameworthiness make different sorts of reactive attitudes fitting and that only one of these two types of attitudes requires having (...) been able to refrain from φ-ing in order for them to be fitting. (shrink)

.... The strategy I have defended involves drawing a distinction between those who can and cannot legitimately hold an agent responsible in circumstances when the agent is being covertly controlled (e.g. through implantation processes). What is intuitively unacceptable, I maintain, is that an agent should be held responsible or subject to reactive attitudes that come from another agent who is covertly controlling or manipulating him. This places some limits on who is entitled to take up the participant stance in relation (...) to agents who are rational self-controllers but nevertheless subject to covert control.26 In this way, what is compromised by conditions of covert control is not the responsibility of the agent as such. It is, rather, the participant stance of those other agents who covertly control him. Clearly it is possible to establish these specific limits on who can hold these agents responsible without denying that the agents themselves remain free and responsible. When we take this approach we will find that we are no longer faced with an unattractive choice between simply “biting the bullet” or having to “spit it out”. All we need to do is chew carefully, until there is nothing left that we find too hard to swallow. (shrink)

Recent work in contemporary compatibilist theory displays considerable sophistication and subtlety when compared with the earlier theories of classical compatibilism. Two distinct lines of thought have proved especially influential and illuminating. The first developed around the general hypothesis that moral sentiments or reactive attitudes are fundamental for understanding the nature and conditions of moral responsibility. The other important development is found in recent compatibilist accounts of rational self-control or reason responsiveness. Strictly speaking, these two lines of thought have developed independent (...) of each other. However, in the past decade or so they have been fused together in several prominent statements of compatibilist theory. I will refer to theories that combine these two elements in this way as RS theories. RS theories face a number of familiar difficulties that relate to each of their two components. Beyond this, they also face a distinct set of problems concerning how these two main components relate or should be integrated. My concerns in this paper focus primarily on this set of problems. According to one version of RS compatibilism, the role of moral sentiments is limited to explaining what is required for holding an agent responsible. In contrast with this, the role of reason responsiveness is to explain what moral capacities are required for an agent to be responsible, one who is a legitimate or fair target of our moral sentiments. More specifically, according to this view, moral sense is not required for rational selfcontrol or reason responsiveness. There is, therefore, no requirement that the responsible agent has some capacity to feel moral sentiment. Contrary to this view, I argue that a responsible agent must be capable of holding herself and others responsible. Failing this, an agent’s powers of rational self-control will be both limited and impaired. In so far as holding responsible requires moral sense, it follows that being responsible also requires moral sense. (shrink)

In this paper, I aim to make two general points. First, I claim that the discussions in Repetti (2017) assume different, sometimes conflicting, notions of free will, so the guiding question of the book is not as clear as it could be. Second, according to Buddhist tradition, the path to enlightenment requires rejecting the delusional belief in the existence of a persisting self. I claim that if there is no persisting self, there are no intentional actions; and, if there are (...) no intentional actions, there is no hope for Buddhist enlightenment. Thus, rejecting the allegedly delusional belief in a persisting self has disastrous consequences, both for the existence of intentional action and for Buddhist soteriology. (shrink)