In conclusion, then, the situationist literature provides a rich area of exploration for those interested in freedom and responsibility. Interestingly, it does not do so primarily because it is situationist in the sense of supporting the substantive thesis about the role of character traits. Rather it is because it makes us wonder whether we really do act on a regular basis with the particular normative, epistemic,and reactive capacities that are central to our identity as free and responsible agents.

In this paper, I respond to Pierre Le Morvan’s critique of my thesis that ignorance is lack of true belief rather than absence of knowledge. I argue that the distinction between dispositional and non-dispositional accounts of belief, as I made it in a previous paper, is correct as it stands. Also, I criticize the viability and the importance of Le Morvan’s distinction between propositional and factive ignorance. Finally, I provide two arguments in favor of the thesis that ignorance is lack (...) of true belief rather than absence of knowledge. (shrink)

Several important questions in applied ethics – like whether to switch to a plant-based diet, reduce greenhouse gas emissions, or vote in elections – seem to share the following structure: if enough people ‘cooperate’ and become vegan for example, we bring about a better outcome; but what you do as an individual seems to make no difference whatsoever. Such collective action problems are often thought to pose a serious challenge to consequentialism. In response, I defend the Reactive Attitude Approach: rather (...) than focus only on the deontic status of (non-)cooperative acts – as existing consequentialist responses mostly do – consequentialists should also focus on when to praise or blame individuals. For example, even if your veganism does not change the overall outcome, consequentialists might still recommend praising you for your cooperative behavior. I make a consequentialist case for including praise and blame in our ethical practices around collective action and argue that doing so helps us capture important intuitions. I develop and defend these arguments by drawing on recent instrumentalist theories of blame and responsibility. (shrink)

If someone unintentionally breaks the rules, do they break the rules? In the abstract, the answer is obviously “yes.” But, surprisingly, when considering specific examples of unintentional, blameless rule-breaking, approximately half of people judge that no rule was broken. This effect, known as excuse validation, has previously been observed in American adults. Outstanding questions concern what causes excuse validation, and whether it is peculiar to American moral psychology or cross-culturally robust. The present paper studies the phenomenon cross-culturally, focusing on Korean (...) and American adults, and proposes a new explanation of why people engage in excuse validation, in terms of competing forces in human norm-psychology. The principal findings are that Americans and Koreans engaged in excuse validation at similar levels, and older adults were more likely to engage in excuse validation. (shrink)

On the classical understanding, an agent is fully excused for an action if and only if performing this action was a case of faultless wrongdoing. A major motivation for this view is the apparent existence of paradigmatic types of excusing considerations, affecting fault but not wrongness. I show that three such considerations, ignorance, duress and compulsion, can be shown to have direct bearing on the permissibility of actions. The appeal to distinctly identifiable excusing considerations thus does not stand up to (...) closer scrutiny, undermining the classical view and giving us reason to seek alternative ways of drawing the justification/excuse distinction. (shrink)

Freud justified his extensive theorizing about dreams by the observation that they were “the royal road” to something much more general: namely, our unconscious mental life. The current preoccupation with the theory of excuse in criminal law scholarship (including my own) can be given a similar justification, for the excuses are the royal road to theories of responsibility generally. The thought is that if we understand why we excuse in certain situations but not others, we will have also gained a (...) much more general insight into the nature of responsibility itself. Nowhere has this thought been more evident than in the century-old focus of criminal law theoreticians on the excuse of insanity, a focus that could not be justified by the importance of the excuse itself.In this paper I wish to isolate two theories of excuse, each of which instantiates its own distinctive theory of responsibility. One is what I shall callthe choice theory of excuse, according to which one is excused for the doing of a wrongful action because and only because at the moment of such action's performance, one did not have sufficient capacity or opportunity to make the choice to do otherwise. Such a choice theory of excuse instantiates a more general theory of responsibility, according to which we are responsible for wrongs we freely choose to do, and not responsible for wrongs we lacked the freedom (capacity and opportunity) to avoid doing. The second I shall callthe character theory of excuse, according to which one is excused for the doing of a wrongful action because and only because such action is not determined by (or in some other way expressive of) those enduring attributes of ourselves we call our characters. (shrink)

I argue that scientism in general is best understood as the thesis that the boundaries of the natural sciences should be expanded in order to include academic disciplines or realms of life that are widely considered not to belong to the realm of science. However, every adherent and critic of scientism should make clear which of the many varieties of scientism she adheres to or criticizes. In doing so, she should specify whether she is talking about (a) academic or universal (...) scientism, (b) reductive, methodological, epistemological, ontological, moral, or existential, scientism, (c) full or partial scientism, (d) strong or weak scientism, and (e) in the case of moral and existential scientism: replacement or illusion scientism. The strongest version of scientism one could defend is a conjunction of the following theses: strong full epistemological scientism, strong full ontological scientism, strong full Illusion-moral scientism, strong Illusion-existential scientism, and strong full reductive scientism. After a detailed discussion of each of the main varieties of scientism and their interrelations, the paper provides a conceptual map, consisting of two figures, which displays the main varieties of scientism and the relations that obtain between them, primarily, those of implication and mutual exclusion. (shrink)

Most contemporary accounts of moral responsibility take desert to play a central role in the nature of moral responsibility. It is also assumed that desert is a backward-looking concept that is not directly derivable from any forward-looking or consequentialist considerations, such as whether blaming an agent would deter the agent from performing similar bad actions in the future. When determining which account of moral responsibility is correct, proponents of desert-based accounts often take intuitions about cases to provide evidence either in (...) favor of or against a proposed theory. In this paper, I discuss two experiments that test whether folk intuitions accord with what desert-based accounts would predict. Results suggest that moral responsibility intuitions are sensitive to forward-looking considerations, thus posing a problem for desert-based accounts of moral responsibility. If appealing to intuitions about cases is a valid method of discovering the nature of moral responsibility and desert, it seems either desert is not entirely backward-looking or moral responsibility is not exclusively desert-based. These experimental results also suggest that consequentialist accounts of moral responsibility, which have largely been abandoned due to their counterintuitive nature, are perhaps not so counterintuitive after all. (shrink)

The Humean conception of the self consists in the belief-desire model of motivation and the utility-maximizing model of rationality. This conception has dominated Western thought in philosophy and the social sciences ever since Hobbes’ initial formulation in Leviathan and Hume’s elaboration in the Treatise of Human Nature. Bentham, Freud, Ramsey, Skinner, Allais, von Neumann and Morgenstern and others have added further refinements that have brought it to a high degree of formal sophistication. Late twentieth century moral philosophers such as Rawls, (...) Brandt, Frankfurt, Nagel and Williams have taken it for granted, and have made use of it to supply metaethical foundations for a wide variety of normative moral theories. But the Humean conception of the self also leads to seemingly insoluble problems about moral motivation, rational final ends, and moral justification. Can it be made to work? (shrink)

According to a popular view, excuses undermine blameworthiness. At the same time, philosophers commonly accept that blameworthiness is composed of two necessary conditions: a moral objectionability condition and a responsibility condition. For excuses to do their job, they must undermine at least one of these conditions. In this paper, I conclude that excuses do neither. By inference to the best explanation, I propose a view that reconciles this conclusion with the function of excuses.

M y aim in this paper will be to show that the concept of desert remains an important and useful concept even if one supposes that the justification of praise, blame, punishment, and reward lies solely in their influence on behaviour. The argument will be incomplete, however. I will discuss only deserved legal punishment, the broader notion of deserved harm, and, briefly, deserved blame.

A rule- utilitarian appraisal of criminal law requires that the total system, including punishments, is justified only if it will expectably maximize public benefit, including its stigmatizing some behaviors as "offenses" and its prescribed punishment of these, such as imprisonment, with (possible) deterrent effects. In view of the paucity of evidence about the deterrent effect of prison sentences, some changes seem to be in order: reduction in the length of incarceration, replacement of prison by fines or restrictions on the convicted (...) such as house arrest for many hours of a day, intensive supervision, required community service (say thirty hours in place of a month in prison), enrollment in a drug program or therapy in the case of sex offenses, and so on. An evaluation of such proposals should be based on statistics and the psychology of criminal behavior. (shrink)

Legal theorists commonly employ a distinction between justification defenses and excuse defenses, but there are significant theoretical disagreements about the nature of the distinction as well as about what the distinction entails. This dissertation is concerned with finding the best way to describe the distinction between the moral concepts of justification and excuse that underlie the concepts employed by legal theorists. Chapter 1 begins by examining moral defenses in general, with emphasis on their purpose, nature, function, and epistemology. Chapter 2 (...) critically examines many of the traditional theoretical assumptions made about justification and excuse in the literature with the goal of winnowing them down to an uncontroversial core that can provide the foundation for a fuller, more specific account. Chapter 3 examines the ordinary language meaning of the words "justification" and "excuse" in order to identify any analytic constraints on what a correct theoretical account of justification and excuse may legitimately include. Finally, Chapter 4 offers and defends a reductive theory of justification and excuse which I call "the praise/blame theory." This theory identifies justified acts with those prima facie wrongful acts for which the actor is morally praiseworthy and excused acts with those prima facie wrongful acts for which the actor is merely not to blame. This simple account is consistent with the logical form of moral defenses, requires minimal elaboration on the terms' ordinary language content, avoids the conceptual mistakes that plague more traditional theories, and has the potential help resolve nagging theoretical issues in related fields. (shrink)