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Switch to: References
Citations of:
The varieties of retributive experience
Philosophical Quarterly 52 (207):145-163 (2002)
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What makes your life go well for you? In this paper, we give an account of welfare. Our core idea is simple. There are impersonally good and bad things out there: things that are good or bad period, not (or not only) good or bad for someone. The life that is good for you is the life in contact with the good. We’ll understand the relevant notion of ‘contact’ here in terms of manifestation: you’re in contact with a value when (...) |
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This paper examines the role of respect (specifically, the interest in having the respect of other people) in enabling blame to be effective: i.e., to achieve the desired effect of changing the blamed’s attitude and behavior. It develops an account of blame’s operations in three different cases: standard, intermediate, and proleptic. It ends by raising the worry that effective blame toward the morally distant approximates manipulation and coercion, leaving a moral residue. |
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This paper argues that praise is governed by a norm of standing, namely the evaluative commitment condition. Even when the target of praise is praiseworthy and known to be so by the praiser, praise can be inappropriate owing to the praiser’s lacking the relevant evaluative commitment. I propose that uncommitted praisers lack the standing to praise in that, owing to their lack of commitment to the relevant value, they have not earned the right to host the co-valuing that is the (...) |
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I here consider the reasonableness of punishing future autonomous military robots. I argue that it is an engineering desideratum that these devices be responsive to moral considerations as well as human criticism and blame. Additionally, I argue that someday it will be possible to build such machines. I use these claims to respond to the no subject of punishment objection to deploying autonomous military robots, the worry being that an “accountability gap” could result if the robot committed a war crime. (...) |
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Many philosophers characterize a particularly important sense of free will and responsibility by referring to basically deserved blame. But what is basically deserved blame? The aim of this paper is to identify the appraisal entailed by basic desert claims. It presents three desiderata for an account of desert appraisals and it argues that important recent theories fail to meet them. Then, the paper presents and defends a promising alternative. The basic idea is that claims about basically deserved blame entail that (...) |
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One way of being responsible for an action is being praiseworthy for it. But what is the “praise” of which the praiseworthy agent is worthy? This paper provides a survey of answers to this question, i.e. a survey of possible accounts of praise’s nature. It then presents an overview of candidate norms governing our responses of praise. By attending to praise’s nature and appropriateness conditions, we stand to acquire a richer conception of what it is to be, and to regard (...) |
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P.F. Strawson’s account of moral responsibility in “Freedom and Resentment” has been widely influential. In both that paper and in the contemporary literature, much attention has been paid to Strawson’s account of blame in terms of reactive attitudes like resentment and indignation. The Strawsonian view of praise in terms of gratitude has received comparatively little attention. Some, however, have noticed something puzzling about gratitude and accountability. We typically understand accountability in terms of moral demands and expectations. Yet gratitude does not (...) |
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Central cases of moral blame suggest that blame presupposes that its target deserves to feel guilty, and that if one is blameworthy to some degree, one deserves to feel guilt to a corresponding degree. This, some think, is what explains why being blameworthy for something presupposes having had a strong kind of control over it: only given such control is the suffering involved in feeling guilt deserved. This chapter argues that all this is wrong. As evidenced by a wider range (...) |
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Moral agency is limited, imperfect, and structurally constrained. This is evident in the many ways we all unwittingly participate in widespread injustice through our everyday actions, which I call ‘structural wrongs’. To do justice to these facts, I argue that we should distinguish between summative and formative moral criticism. While summative criticism functions to conclusively assess an agent's performance relative to some benchmark, formative criticism aims only to improve performance in an ongoing way. I show that the negative sanctions associated (...) |
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While Strawsonians have focused on the way in which our “reactive attitudes”—the emotions through which we hold one another responsible for manifestations of morally significant quality of regard—express moral demands, serious doubt has been cast on the idea that non-blaming reactive attitudes direct moral demands to their targets. Building on Gary Watson’s proposal that the reactive attitudes are ‘forms of moral address’, this paper advances a communicative view of praise according to which the form of moral address distinctive of the (...) |
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This paper puts forward an account of blame combining two ideas that are usually set up against each other: that blame performs an important function, and that blame is justified by the moral reasons making people blameworthy rather than by its functionality. The paper argues that blame could not have developed in a purely instrumental form, and that its functionality itself demands that its functionality be effaced in favour of non-instrumental reasons for blame—its functionality is self-effacing. This notion is sharpened (...) |
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One reason people value privacy is that it allows them to do or think bad things – things that, if made public, would warrant blame, censure, or punishment. Privacy protects several types of freedom – and one of these is the freedom to be bad. This paper will argue that this is a good thing. |
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A neglected and non-trivial problem exists for a central cluster of Strawsonian accountability theories of moral responsibility, namely those that, following Gary Watson, understand the reactive attitudes to be implicit forms of moral address, particularly moral demand. The problem consists in the joint acceptance of two claims: (a) Accountability is a matter of agents holding one another to moral demands, and (b) accountability is a view of blame and praise. I label joint acceptance of these claims the Strawsonian’s demand dogma. (...) |
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It is notable that all of the leading theories of blame have to employ ungainly fixes to deflect one or more apparent counterexamples. What these theories share is a content‐based theory of blame's nature. Such approaches overlook or ignore blame's core unifying feature, namely, its function, which is to signal the blamer's commitment to a set of norms. In this paper, we present the problems with the extant theories and then explain what signaling is, how it functions in blame, why (...) |
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Much has been written about the fittingness, epistemic, and standing norms that govern blame. In this paper, we argue that there exists a norm of blame that has yet to receive philosophical discussion and without which an account of the ethics of blame will be incomplete: a norm proscribing comparatively arbitrary blame. By reflecting on the objectionableness of comparatively arbitrary blame, we stand to elucidate a substantive, and thus far overlooked, norm governing our attributions of responsibility. Accordingly, our aim in (...) |
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:In this essay, I consider a particular version of the thesis that the blameworthy deserve to suffer, namely, that they deserve to feel guilty to the proper degree. Two further theses have been thought to explicate and support the thesis, one that appeals to the non-instrumental goodness of the blameworthy receiving what they deserve, and the other that appeals to the idea that being blameworthy provides reason to promote the blameworthy receiving what they deserve. I call the first "Good-Guilt" and (...) |
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How should we understand basic desert as a justification for blaming? Many philosophers account for free will by reference to the sort of moral responsibility that involves a blameworthy person deserving blame in a basic sense of desert; free will just is the control condition for this sort of moral responsibility. But what precisely does basic desert come to, and what is it about blame that makes it the thing that a blameworthy person deserves? As it turns out, there are (...) |
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A familiar claim in the free will debate is that the freedom in dispute between compatibilists and incompatibilists is limited to the type required for an agent to deserve blame for moral wrongdoing, and to deserve it in a sense that is basic. In this paper, I seek a rationale for this claim, offer an explanation of basic desert, and then argue that the free will debate can persist even when divorced from basic desert. |
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This chapter evaluates two competing views of morally responsible agency. The first view at issue is Vargas’s circumstantialism—on which responsible agency is a function of the agent and her circumstances, and so is highly context sensitive. The second view is McGeer’s scaffolded-responsiveness view, on which responsible agency is constituted by the capacity for responsiveness to reasons directly, and indirectly via sensitivity to the expectations of one’s audience (whose sensitivity may be more developed than one’s own). This chapter defends a version (...) |
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In this chapter, I defend a novel account of contempt’s evaluative presentation by synthesizing relevant psychological work (Rozin et al. 1999; Fischer and Roseman 2007; Fischer 2011; Hutcherson and Gross 2011) with philosophical insights (Mason 2003; Bell 2005; Abramson 2009; Bell 2013). I then show how a concern about contempt’s status as an emotion involved in holding people accountable can be helpfully addressed. Finally, I gesture at an account of why, when we feel contemptuous toward people, our accountability responses involve (...) |
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Journal of Social Philosophy, EarlyView. |
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Hypocrites are often thought to lack the standing to blame others for faults similar to their own. Although this claim is widely accepted, it is seldom argued for. We offer an argument for the claim that nonhypocrisy is a necessary condition on the standing to blame. We first offer a novel, dispositional account of hypocrisy. Our account captures the commonsense view that hypocrisy involves making an unjustified exception of oneself. This exception-making involves a rejection of the impartiality of morality and (...) |
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This paper considers the justifiability of removing the right to vote from those convicted of crimes. Firstly, I consider the claim that the removal of the right to vote from prisoners is necessary as a practical matter to protect the democratic process from those who have shown themselves to be untrustworthy. Secondly, I look at the claim that offenders have broken the social contract and forfeited rights to participate in making law. And thirdly, I look at the claim that the (...) |
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I address the question, ‘Should a retributivist support an entrapment defense and if so, under what circumstances?’, by considering the culpability of entrapped defendants. An entrapment defense is invoked by defendants who claim they violated the law because they were enticed to crime by the police and would not otherwise have committed the crime. There are different rationales for the defense: people who are normally law abiding, and who are not predisposed to commit crimes, do not commit crimes merely when (...) |
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Consider the idea that suffering of some specific kind is deserved by those who are guilty of moral wrongdoing. Feeling guilty is a prime example. It might be said that it is noninstrumentally good that one who is guilty feel guilty (at the right time and to the right degree), or that feeling guilty (at the right time and to the right degree) is apt or fitting for one who is guilty. Each of these claims constitutes an interesting thesis about (...) |
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Philosophers have focused on why privacy is of value to innocent people with nothing to hide. I argue that for people who do have something to hide, such as a past crime, or bad behavior in a public place, informational privacy can be important for avoiding undeserved or disproportionate non-legal punishment. Against the objection that one cannot expect privacy in public facts, I argue that I might have a legitimate privacy interest in public facts that are not readily accessible, or (...) |
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This paper contributes to the normative debate over capital punishment by looking at whether the role of executioner is one in which it is possible and proper to take pride. The answer to the latter question turns on the kind of justification the agent can give for what she does in carrying out the role. So our inquiry concerns whether the justifications available to an executioner could provide him with the kind of justification necessary for him to take pride in (...) |
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Moral non-cognitivists hope to explain the nature of moral agreement and disagreement as agreement and disagreement in non-cognitive attitudes. In doing so, they take on the task of identifying the relevant attitudes, distinguishing the non-cognitive attitudes corresponding to judgements of moral wrongness, for example, from attitudes involved in aesthetic disapproval or the sports fan’s disapproval of her team’s performance. We begin this paper by showing that there is a simple recipe for generating apparent counterexamples to any informative specification of the (...) |
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This paper provides a discussion of the role that emotions may play in the justification of punishment. On the expressivist account of punishment, punishment has the purpose of expressing appropriate emotional reactions to wrongdoing, such as indignation, resentment or guilt. I will argue that this expressivist approach fails as these emotions can be expressed other than through the infliction of punishment. Another argument for hard treatment put forward by expressivists states that punitive sanctions are necessary in order for the law (...) |
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Many philosophers claim that it is always intrinsically good when people get what they deserve and that there is always at least some reason to give people what they deserve. I highlight problems with this view and defend an alternative. I have two aims. First, I want to expose a gap in certain desert-based justifications of punishment. Second, I want to show that those of us who have intuitions at odds with these justifications have an alternative account of desert at (...) |
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Skeptical worries about moral responsibility seem to be widely appreciated and deeply felt. To address these worries—if nothing else to show that they are mistaken—theories of moral responsibility need to relate to whatever concept of responsibility underlies the worries. Unfortunately, the nature of that concept has proved hard to pin down. Not only do philosophers have conflicting intuitions; numerous recent empirical studies have suggested that both prosaic responsibility judgments and incompatibilist intuitions among the folk are influenced by a number of (...) |
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It is not usually morally permissible to desire the suffering of another person, or to act so as to satisfy this desire; that is, to act with the aim of bringing about suffering. If the retributive emotions, and the retributive responses of which they are a part, are morally permitted or even required, we will need to see what is distinctive about them. One line of argument in this paper is for the conclusion that a retributive desire for the suffering (...) |
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It is generally maintained that emotions consist of intentional states and /or bodily feelings. This paper offers a phenomenological analysis of guilt in severe depression, in order to illustrate how such conceptions fail to adequately accommodate a way in which some emotional experiences are said to be deeper than others. Many emotions are intentional states. However, I propose that the deepest emotions are not intentional but pre-intentional, meaning that they determine which kinds of intentional state are possible. I go on (...) |
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How ought we to evaluate and respond to expressions of anger and resentment? Can philosophical analysis of resentment as the emotional expression of a moral claim help us to distinguish which resentments ought to be taken seriously? Philosophers have tended to focus on what I call ‘reasonable’ resentments, presenting a technical, narrow account that limits resentment to the expression of recognizable moral claims. In the following paper, I defend three claims about the ethics and politics of resentment. First, if we (...) |
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In this paper, I explore a new approach to the problem of determinism and moral responsibility. This approach involves asking when someone has a compelling claim to exemption against other members of the moral community. I argue that it is sometimes fair to reject such claims, even when the agent doesn’t deserve, in the sense of basic desert, to be blamed for her conduct. In particular, when an agent’s conduct reveals that her commitment to comply with the standards of the (...) |
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I criticize an increasingly popular set of arguments for the justifiability of punishment. Some philosophers try to justify punishment by appealing to what Peter Strawson calls the reactive attitudes – emotions like resentment, indignation, remorse and guilt. These arguments fail. The view that these emotions commit us to punishment rests on unsophisticated views of punishment and of these emotions and their associated behaviors. I offer more sophisticated accounts of punishment, of these emotions and of their associated behaviors that are consistent (...) |
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Wimpy retributivism finds reasons to refrain from giving the blameworthy and culpable what they deserve, even if it comes to very little. These reasons have to do with the moral hazards of being mistaken about when harsh treatment is justified. A moral influence theory can help supplement retributivist reasons with further consequentialist considerations and thereby keep these skeptical worries in check. |
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In this essay, I assess what I call the “Duty View,” subtly articulated and defended by Victor Tadros in Wrongs and Crimes. According to the Duty View, wrongdoers incur enforceable duties, including the duty to be punished in some circumstances, in virtue of their wrongdoing; therefore, punishment can be justified simply on the ground that wrongdoers’ duties are being legitimately enforced. I argue that, while wrongdoers do incur important duties, these are not necessarily fulfilled by providing protection against future offenses, (...) |
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‘Optimistic’ normative theories of criminal justice aim to justify criminal sanction in terms of its reprobative/rehabilitative value rather than its punitive nature as such. But do such theories accord with ordinary intuitions about what constitutes a ‘just’ response to wrongdoing? Recent empirical work on the psychology of punishers suggests that human beings have a ‘brutely retributive’ moral psychology, making them unlikely to endorse normative theories that sacrifice retribution for the sake of reprobation or rehabilitation; it would mean, for example, that (...) |
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Provided we blame others accurately, is blaming them morally right even if we are guilty of similar wrongdoing ourselves? On the one hand, hypocrisy seems to render blame morally wrong, and unjustified; but on the other, even hypocritical blaming seems better than silence. I develop an account of the wrongness of hypocritical blaming which resolves this apparent dilemma. When holding others accountable for their moral failings, we ought to be willing to reason, together with them, about our own, similar failings. (...) |
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It is often alleged that an agent is morally responsible in a liability sense for a transgression just in case s/he deserves a negative interpersonal response for that transgression, blaming responses such as resentment and indignation being paradigms. Aside from a few exceptions, guilt is cited in recent discussions of moral responsibility, if at all, as merely an effect of being blamed, or as a reliable indicator of moral responsibility, but not itself an explanation of moral responsibility. In this paper, (...) |
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In this paper, I explore the idea that someone can deserve resentment or other reactive emotions for what she does by attention to three psychological functions of such emotions – appraisal, communication, and sanction – that I argue ground claims of their desert. I argue that attention to these functions helps to elucidate the moral aims of reactive emotions and to distinguish the distinct claims of desert, as opposed to other moral considerations. |
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abstract In this paper I take seriously von Hirsch's view that sanctions imposed on offenders need to be compatible with their dignity, and argue that some versions of restorative justice — notably that defended by Braithwaite — can put offenders in the humiliating position of having to make apologies that they do not believe in in order to avoid further bad consequences. Drawing on recent work by Duff I argue that this problem can be avoided by conceiving of restorative justice (...) |
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Certainly principles of criminal liability may be understood as rules or norms outlining orders or prohibitions and standing out among other norms with their weight, for legal culture, legal doctrine, etc. In such a classic approach they are norms defining basic rights and obligations in the applicable criminal law. However, is it the only possible and cognitively interesting meaning of the word “principle” in jurisprudence? From the semiotic point of view, they can occur in three forms: special-kind norms, teleological directives, (...) |
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Christian List and Philip Pettit have recently developed a model of group agency on which an autonomous group agent can be formed, by deductive inference, from the beliefs and preferences of the individual group members. In this paper I raise doubts as to whether this type of group agent is a moral agent. The sentimentalist approach to moral responsibility sees a constitutive role for moral emotions, such as blame, guilt, and indignation, in our practices of attributing moral responsibility. These moral (...) |
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This article focuses on the most recent debates in a certain area of the ‘law and emotion’ field, namely the literature on the role of affect in the criminal law. Following the dominance of cognitivism in the philosophy of emotions, authors moved away from seeing emotions as contaminations on reason and examined how affective reactions could be accommodated within penal proceedings. The review is structured into two main components. I look first at contributions about the multi-dimensional presence of emotions within (...) |
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An assumption central to some forms of retributivism is that it is noninstrumentally good that a culpable wrongdoer suffers in receiving a deserved punishment. A justification for this can be built from a conversational theory of moral responsibility, and in particular deserved blame. On such a theory, deserved blame is fitting as a response to a wrongdoer insofar as it is conversationally meaningful as a reply to a wrong done. Punishment, it might be argued, has this feature too. The conversational (...) |
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In this paper, I will critically assess the expressive justification of punishment recently offered by Christopher Bennett in The Apology Ritual and a number of papers. I will first draw a distinction between three conceptions of expression: communicative, motivational, and symbolic. After briefly demonstrating the difficulties of using the first two conceptions of expression to ground punishment and showing that Bennett does not ultimately rely on those two conceptions, I argue that Bennett’s account does not succeed because he fails to (...) |
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