P.F. Strawson’s (1962) “Freedom and Resentment” has provoked a wide range of responses, both positive and negative, and an equally wide range of interpretations. In particular, beginning with Gary Watson, some have seen Strawson as suggesting a point about the “order of explanation” concerning moral responsibility: it is not that it is appropriate to hold agents responsible because they are morally responsible, rather, it is ... well, something else. Such claims are often developed in different ways, but one thing remains (...) constant: they meant to be incompatible with libertarian theories of moral responsibility. The overarching theme of this paper is that extant developments of “the reversal” face a dilemma: in order to make the proposals plausibly anti-libertarian, they must be made to be implausible on other grounds. I canvas different attempts to articulate a “Strawsonian reversal”, and argue that none is fit for the purposes for which it is intended. I conclude by suggesting a way of clarifying the intended thesis: an analogy with the concept of funniness. The result: proponents of the “reversal” need to accept the difficult result that if we blamed small children, they would be blameworthy, or instead explain how their view escapes this result, while still being a view on which our blaming practices “fix the facts” of moral responsibility. (shrink)

Drunk drivers and other culpably incapacitated wrongdoers are often taken to pose a problem for reasons-responsiveness accounts of moral responsibility. These accounts predicate moral responsibility upon an agent having the capacities to perceive and act upon moral reasons, and the culpably incapacitated wrongdoers lack exactly those capacities at the time of their wrongdoing. Many reasons-responsiveness advocates thus expand their account of responsibility to include a tracing condition: The culpably incapacitated wrongdoer is blameworthy despite his incapacitation precisely because he is responsible (...) for becoming incapacitated. As some skeptics have suggested, it is not clear that we need tracing. Here, however, I make a stronger case against tracing: I show that tracing gets things wrong. I consider a new sort of case, the case of the Odysseus agent, whose incapacitation is non-culpable (sometimes merely permissible and sometimes praiseworthy). Tracing would have us hold responsible and therefore blame unlucky Odysseus agents, Odysseus agents who commit a wrongdoing in the throes of their non-culpably induced incapacitation. But we should not hold these unlucky Odysseus agents responsible for their incapacitated wrongdoing. Because tracing gets these cases wrong, we should reject tracing. (shrink)

When a person performs or fails to perform a morally significant action, we sometimes think that a particular kind of response is warranted. Praise and blame are perhaps the most obvious forms this reaction might take. For example, one who encounters a car accident may be regarded as worthy of praise for having saved a child from inside the burning car, or alternatively, one may be regarded as worthy of blame for not having used one's mobile phone to call for (...) help. To regard such agents as worthy of one of these reactions is to ascribe moral responsibility to them on the basis of what they have done or left undone. (These are examples of other-directed ascriptions of responsibility. The reaction might also be self-directed, e.g., one can recognize oneself to be blameworthy). Thus, to be morally responsible for something, say an action, is to be worthy of a particular kind of reaction —praise, blame, or something akin to these—for having performed it.[1.. (shrink)

A looming deadline. A difficult situation at home. A heated phone conversation that redirects our attention. Certain features of our circumstances can be (at least partially) excusing; sometimes, agents who act wrongly in the face of circumstantial pressures are not (that) blameworthy for having done so. But we’re rather bad at detecting these factors that excuse others from blame. When put together, these two observations yield an under-appreciated problem: we fall short of procedural norms of blame in fairly systematic ways.

Michael S. Moore is a whole-hearted retributivist. The triumph of Mechanical Choices is that Moore provides a thoroughly physicalist, reductionist-friendly, compatibilist account of the features that make persons deserving of blame and punishment. Many who embrace scientific accounts of psychology worry that from this perspective the grounds for desert disappear; but Moore argues that folk psychological accounts of responsibility—such as those found in the criminal law—are either vindicated or not implicated by science. Moore claims that criminal punishment can be justified (...) by looking solely to moral desert, couched in folk terms. In this paper I argue that interpersonal blame and punishment and criminal blame and punishment hold people responsible in the same sense, and that directed moral blame in both forms aim to communicate something to the wrongdoer and generate a backward-looking or retributive good. However, contra Moore, I will argue that instrumental aims are also important to justifying methods and degree of punishment within both realms. (shrink)

A theory of blameworthiness must answer two fundamental questions. First, what makes a person blameworthy when they act? Second, what makes a person blameworthy after the time of action? Two main answers have been given to the second question. According to interminability theorists, blameworthiness necessarily doesn’t even diminish over time. Terminability theorists deny this. In this paper, I argue against interminability and in favour of terminability. After clarifying the debate about whether blameworthiness is interminable or terminable, I argue there’s no (...) positive case for interminability. I then respond to three objections to terminability. In doing so, I clarify the nature of blame, self-blame, and posthumous blame. I also give theoretical reasons in favour of the view that a person’s blameworthiness for a minor wrong can not only diminish but also cease completely. (shrink)

In this paper, I first argue that sometimes freely and knowingly manipulating oneself does not fully preserve moral responsibility – namely, in cases of practically distinct self-manipulation. However, I argue that practically distinct self-manipulation preserves moral responsibility to some extent because such a self-manipulated person is more morally responsibility than an other-manipulated person. This is an important result: manipulating oneself doesn’t always fully preserve one’s moral responsibility for one’s actions. But in what sense is the self-manipulated person more morally responsible? (...) I argue the self-manipulated person is not a fitting target of the reactive attitudes but continues to have wrongdoing-incurred reparative obligations. This explains the intuitive judgement about the self-manipulated person, provides a better explanation of “tracing” cases, and reveals important requirements for a plausible theory of moral responsibility. (shrink)

Should we let personal responsibility for health-related behavior influence the allocation of healthcare resources? In this paper, we clarify what it means to be responsible for an action. We rely on a crucial conceptual distinction between being responsible and holding someone responsible, and show that even though we might be considered responsible and blameworthy for our health-related actions, there could still be well-justified reasons for not considering it reasonable to hold us responsible by giving us lower priority. We transform these (...) philosophical considerations into analytical use first by assessing the general features of health-related actions and the corresponding healthcare needs. Then, we identify clusters of structural features that even adversely affected people cannot reasonably deny constitute actions for which they should be held responsible. We summarize the results in an analytical framework that can be used by decision-makers when considering personal responsibility for health as a criterion for setting priorities. (shrink)

Some recent accounts of blameworthiness present this property as response-dependent: an agent is blameworthy, they say, if and only if, and (if so) in virtue of the fact that, it is fitting to respond to her with a certain blaming emotion. Given the explanatory aim of these views, the selected emotion cannot be said simply to appraise its object as blameworthy. We argue that articulation of the appraisal in other terms suggested by proponents yields a failure of the coextension required (...) by the accounts. We then address the promise to explain why the conditions that render one blameworthy are as they are. According to proponents, these conditions render one blameworthy because they render fitting the selected emotion. But why do just these conditions do the latter? We find no good answer to this question from proponents of the accounts. While we do not contend that blameworthiness is response-independent, we are unconvinced that it is response-dependent. (shrink)

This article identifies a novel challenge to standard understandings of responsibility practices, animated by experimental studies of biases and heuristics. It goes on to argue that this challenge illustrates a general methodological challenge for theorizing about responsibility. That is, it is difficult for a theory to give us both guidance in real world contexts and an account of the metaphysical and normative foundations of responsibility without treating wide swaths of ordinary practice as defective. The general upshot is that theories must (...) either hew more closely to actual practice than they appear to, or they must provide some normative foundation for responsibility that does not go through actual practice. (shrink)

Although philosophers sympathetic to Peter Strawson's view in “Freedom and Resentment” tend to be compatibilists, they need not be. This paper develops a recent suggestion that Strawson's view can be read as consistent with libertarianism by showing that an important distinction Strawson makes between personal and moral reactive attitudes leaves room to be a Strawsonian compatibilist with respect to personal responsibility and a Strawsonian incompatibilist with respect to moral responsibility. Understanding this possibility reveals a potential gap within Strawson's argument that (...) should be of interest to both Strawsonians and their critics. (shrink)

”Meaningful human control” is a term invented in the political and legal debate on autonomous weapons system, but it is nowadays also used in many other contexts. It is supposed to specify conditions under which an artificial system is under the right kind of control to avoid responsibility gaps: that is, situations in which no moral agent is responsible. Santoni de Sio and Van den Hoven have recently suggested a framework that can be used by system designers to operationalize this (...) kind of control. It is the purpose of this paper to facilitate further operationalization of ”meaningful human control”. -/- This paper consists of two parts. In the first part I resolve an ambiguity that plagues current operationalizations of MHC. One of the design conditions says that the system should track the reasons of the relevant agents. This condition is ambiguous between the kind of reasons involved. On one interpretation it says that a system should track motivating reasons, while it is concerned with normative reasons on the other. Current participants in the debate interpret the framework as being concerned with (something in the vicinity of) motivating reasons. I argue against this interpretation by showing that meaningful human control requires that a system tracks normative reasons. Moreover, I maintain that an operationalization of meaningful human control that fails to track the right kind of reasons is morally problematic.When this is properly understood, it can be shown that the framework of MHC is committed to the agent-relativity of reasons. More precisely, I argue in the second part of this paper that if the tracking condition of MHC plays an important role in responsibility attribution (as the proponents of the view maintain), then the framework is incompatible with first-order normative theories that hold that normative reasons are agent-neutral (such as many versions of consequentialism). In the final section I present three ways forward for the proponent of MHC as reason-responsiveness. (shrink)

Many think it is plausible that agents enjoy freedom and responsibility with respect to their actions in virtue of being reasons-responsive. Extant accounts spell out reasons-responsiveness (RR) as a general modal property. The agent is responsive to reasons for and against ϕ-ing, according to this idea, if they ϕ in accordance with the balance of reasons in a suitable proportion of possible situations. This paper argues that freedom and responsibility are not grounded in such modal properties on the basis of (...) a phenomenon I call ‘rational blind spots’. Agents have highly specific local blockages (or openings) that prevent them from seeing or reacting for a particular type of reason. When these blind spots are triggered, agents fail to be responsive to reasons in the sense relevant to freedom and responsibility. Thus, we judge that they are not free and responsible. But bind spots don’t remove the agent’s possession of general modal RR properties. Thus, extant accounts of reasons-responsiveness render the incorrect result that the agents in these cases remain responsible because they remain responsive to reasons in a general sense. (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)

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 (...) express or enforce moral demands or expectations. So, how is it a way to hold an agent accountable? In a more general manner, we might ask if there is even sense to be made of the idea that agents can be accountable—i.e., “on the hook”—in a positive way. In this paper, I clarify the relationship between gratitude and moral accountability. I suggest that accountability is a matter of engaging with others in a way that is basically concerned with their feelings and attitudes rather than solely a matter of moral demands. Expressions of gratitude are a paradigmatic form of this concerned engagement. I conclude by defending my view from the objection that it leads to an overly generous conception of holding accountable and suggest in reply that moral responsibility skeptics may not help themselves to as many moral emotions as they might have thought. (shrink)

Plausibly, agents act freely iff their actions are responses to reasons. But what sort of relationship between reason and action is required for the action to count as a response? The overwhelmingly dominant answer to this question is modalist. It holds that responses are actions that share a modally robust or secure relationship with the relevant reasons. This thesis offers a new alternative answer. It argues that responses are actions that can be explained by reasons in the right way. This (...) explanationist answer comes apart from the modalist answer. For it holds that actions are responses to reasons if they are explained by those reasons even if they don’t share a modally robust relationship. Explanationism thus offers a novel way of vindicating the intuition that alternative possibilities don’t matter to responding to reasons and (consequently) free agency. The key dialectical position the thesis develops is that both modalism and explanationism constitute attempts to capture he core type of relationship encoded by the notion of a response. Responses to reasons, at core, involve a non-accidental relationship between reason and action. We can either understand non-accidentality as a modal phenomenon – as a modally robust tracking between two facts. Or we can understand non-accidentality as an explanatory phenomenon – as a special explanatory relationship between two facts. According to my rival explanationist proposal, two facts share a non-accidental relationship iff we can give a unified explanation of why both obtain. Unified explanations are explanations of why [p&q] that cannot be decomposed into two (or more) separate independent explanations of p and of q. Consequently, according to explanationism about responding to reasons, actions are responses to reasons iff those reasons offer a rational explanation of the action that cannot be decomposed into separate independent components. (shrink)

Emotions have long been of interest to philosophers and have deep historical roots going back to the Ancients. They have also become one of the most exciting areas of current research in philosophy, the cognitive sciences, and beyond. -/- This book explains the philosophy of the emotions, structuring the investigation around seven fundamental questions: What are emotions? Are emotions natural kinds? Do animals have emotions? Are emotions epistemically valuable? Are emotions the foundation for value and morality? Are emotions the basis (...) for responsibility? Do emotions make us better people? -/- In the course of exploring these questions, the book also discusses cutting-edge empirical research on emotion, feminist approaches to emotions and their value, and methodological questions on how to theorize about the emotions. The book also contains in-depth discussions of specific emotions like compassion, disgust, anxiety, and curiosity. It also highlights emerging trends in emotion research. (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)

In our day-to-day lives, we form responsibility judgements about one another – but we are imperfect beings, and our judgments can be mistaken. This paper suggests that we get things wrong not merely by chance, but predictably and systematically. In particular, these miscues are common when we are dealing with large gaps in social status and power. That is, when we form judgements about those who are much more or less socially powerful than ourselves, it is increasingly likely that “epistemic (...) distorters” will reliably disrupt our reasoning. In response to this situation, I argue for the introduction of a new norm concerning blame and social status: “Powerful Restraint.” This norm suggests that the socially powerful ought to blame the socially dispossessed less frequently, and that social pressure be applied to achieve that compliance. I argue that such a norm is justified given the pernicious down-stream moral effects of the up-stream epistemic distortion I describe. I defend it against objections that it suggests a normative solution to an epistemic problem, that it is paternalistic, and that it involves a kind of disrespect to the less socially powerful. (shrink)

When blame is understood to be emotion-based or affective, its emotional tone is standardly identified as one of anger. We argue that this conception of affective blame is overly restrictive. By attending to cases of blame that emerge against a background of a particular kind of hope invested in others, we identify a blaming response characterized not by anger but by sadness: reactive disappointment. We develop an account of reactive disappointment as affective blame, maintaining that while angry blame and disappointed (...) blame are both condemnatory responses, they have distinct evaluative foci and occupy different but complementary roles in our accountability practices. (shrink)

A fundamental question in responsibility theory concerns the relation between being responsible and our practices of holding responsible. ‘Strawsonians’ often claim that being responsible is somehow a function of our practices of holding responsible, while others think that holding responsible depends on being responsible, and still others think of being and holding responsible as interdependent. Based on a Wittgensteinian reading of Strawson, I develop an account of the relation between being and holding responsible which respects major concerns of all parties (...) in this debate. I characterize the way in which being responsible depends on holding responsible as genealogical, and the way in which holding responsible depends on being responsible as justificatory. I show how my account cuts across received ways of carving up the debate, and how it allows for all the kinds of fallibility about moral responsibility that are worth wanting. (shrink)

The counterfactual mental state of negligent criminal activity invites skepticism from those who see mental states as essential to responsibility. Here, I offer a revision of the mental state of criminal negligence, one where the mental state at issue is actual and not merely counterfactual. This revision dissolves the worry raised by the skeptic and helps to explain negligence’s comparatively reduced culpability.

De Re Significance accounts of moral appraisal consider an agent’s responsiveness to a particular kind of reason, normative moral reasons de re, to be of central significance for moral appraisal. Here, I argue that such accounts find it difficult to accommodate some neuroatypical agents. I offer an alternative account of how an agent’s responsiveness to normative moral reasons affects moral appraisal – the Reasonable Expectations Account. According to this account, what is significant for appraisal is not the content of the (...) reasons an agent is responsive to, but rather whether she is responsive to the reasons it is reasonable to expect her to be responsive to, irrespective of their content. I argue that this account does a better job of dealing with neuroatypical agents, while agreeing with the De Re Significance accounts on more ordinary cases. (shrink)

Does a diagnosis of brain dysfunction matter for ascriptions of moral responsibility? This chapter argues that, while knowledge of brain pathology can inform judgments of moral responsibility, its evidential value is currently limited for a number of practical and theoretical reasons. These include the problem of establishing causation from correlational data, drawing inferences about individuals from group data, and the reliance of the interpretation of brain findings on well-established psychological findings. Brain disorders sometimes matter for moral responsibility, however, because they (...) change an individual’s moral psychology in a way that is beyond their control. While control over psychological changes is not an excusing factor, brain disorders can mitigate moral responsibility because they confront individuals with new psychological deficits or urges for which their previous moral education and existing external and internal moral resources have not prepared them. (shrink)

While some form of loss of control is often assumed to be a common feature of the diverse manifestations of addiction, it is far from clear how loss of control should be understood. In this paper, I put forward a concept of decrease in control in addiction that aims to fill this gap and thus provide a general framework for thinking about addictive behavior. The development of this account involves two main steps. First, I present a view of degrees of (...) control as the degree to which an agent would be responsive to potential or counterfactual sufficient reasons to do otherwise. Second, I sketch an account of the relevant control-undermining factors in addiction that is consonant with my proposed view of degrees of control. Being a high-level functional property, reasons-responsiveness is particularly well suited to frame an account of control-undermining factors that is doubly pluralistic: it encompasses the contribution of factors both internal and external to the agent, and it is consistent with various proposals as to the precise nature of the anomaly taking place in the psychology of addiction. (shrink)

For many philosophers, bad-history wrongdoers are primarily interesting because of what their cases might tell us about the interaction of moral responsibility and history. However, philosophers focusing on blameworthiness have overlooked important questions about blame itself. These bad-history cases are complicated because blame and sympathy are both fitting. When we are careful to consider the rich natures of those two reactions, we see that they conflict in several important ways. We should see bad-history cases as cases about whether and how (...) we should blame, rather than as cases giving us ready insight into the nature of moral responsibility. (shrink)

In this paper, I endorse the idea that age is a defensible criterion for eligibility to vote, where age is itself a proxy for having a broad set of cognitive and motivational capacities. Given the current (and defeasible) state of developmental research, I suggest that the age of 16 is a good proxy for such capacities. In defending this thesis, I consider alternative and narrower capacity conditions while drawing on insights from a parallel debate about capacities and age requirements in (...) the criminal law. I also argue that the expansive capacity condition I adopt satisfies a number of powerful and complementary rationales for voting eligibility, and conclude by addressing challenging arguments that, on the one hand, capacity should not underlie voting eligibility in the first place, and, on the other, that capacity should do so directly and not via any sort of proxy, including age. (shrink)

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 (...) praise-manifesting reactive attitudes (approbation, gratitude) is moral invitation. Like moral demand, moral invitation is a species of directive address presupposing its target’s possession of distinctive agential capacities and, when valid, provides its addressee with reason to give the addressor’s directive discursive uptake. While blame’s demands issue imperatival reasons for compliance (e.g. to acknowledge wrongdoing, apologize, etc.), praise’s invitations provide discretionary reasons to accept credit in jointly valuing the significance of the act for the praiser. In addition to its phenomenological plausibility and contribution to the already fecund Watsonian-cum-Strawsonian program, the invitational view helps render intelligible the power of our praise practices to facilitate the formation and enrichment of our interpersonal relationships. (shrink)

Formal views of autonomy rule out substantive rational capacities (reasons-responsiveness) as a condition of autonomous agency. I argue that such views face a number of underappreciated problems: they have trouble making sense of how autonomous agents could be robustly responsible for their choices, face the burden of explaining why there should be a stark distinction between the importance of factual and evaluative information within autonomous agency, and leave it mysterious why autonomy is the sort of thing that has value and (...) ought to be promoted. Moreover, I argue that the alternative view that includes substantive rational capacities need not have the unacceptable political implications it is sometimes thought to have. (shrink)

Following Strawson, many philosophers have claimed that holding someone responsible necessitates its being appropriate to feel or express the negative reactive attitudes (e.g., resentment) toward her. This view, while compelling, is unable to capture the full range of cases in which we hold others responsible in ordinary life. Consider the parent who holds her five-year-old responsible for not teasing his sister, or the therapist who holds her patient responsible for avoiding self-injurious behavior. Holding responsible in such cases requires enforcing normative (...) expectations, but these norms can (and typically should) be enforced without involving the negative reactive attitudes. To demonstrate this, I consider how responsibility attributions function in psychotherapy, as well as in other contexts where the negative reactive attitudes do not have a natural home. (shrink)

How do the fact that an agent is morally responsible for a certain morally objectionable action and the fact that she is an appropriate target of blame for it relate to each other? Many authors inspired by Peter Strawson say that they necessarily co‐occur. Standard answers to the question of why they co‐occur say that the occurrence of one of the facts explains that the other obtains. This article presents a third option: that they are one and the same fact. (...) There is no difference between the fact that a person is an appropriate target of blame for an objectionable action and the fact that she is morally responsible for it. This view has the advantage of being metaphysically more parsimonious and of answering, in an elegant and plausible way, an interesting question about which many standard theories of responsibility keep silent: what is it to be morally responsible simpliciter? (shrink)

Explores five fault lines in the fledgling field of responsibility theory, serious methodological disputes traceable to P.F. Strawson's "Freedom and Resentment.".

Strawsonians about moral responsibility often claim that our practices of holding morally responsible fix the facts of moral responsibility, rather than the other way round. Many have argued that such ‘reversal’ claims have an unwelcome consequence: If our practices of holding morally responsible fix the facts of moral responsibility, does this not imply, absurdly, that if we held severely mentally ill people responsible, they would be responsible? We provide a new Strawsonian answer to this question, and we explore the relation (...) between reversal claims and (in)compatibilism. (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)

This is a draft of my chapter on Negligence for the forthcoming Oxford Handbook in Moral Psychology. It discusses philosophical, psychological, and legal approaches to the attribution of culpability in cases of negligent wrongdoing.

The question of whether psychopaths are criminally and morally responsible has generated significant controversy in the literature. In this paper, we discuss what relevance a psychopathy diagnosis has for criminal responsibility. It has been argued that figuring out whether psychopathy is a mental illness is of fundamental importance, because it is a precondition for psychopaths’ eligibility to be excused via the legal insanity defense. But even if psychopathy counts as a mental illness, this alone is not sufficient to show the (...) insanity defense is applicable; it must also be shown that, as a result of the illness, specific deficits in moral understanding or control are present. In this paper, we show that a diagnosis of psychopathy will generally not indicate that a defendant is eligible for an insanity defense. This is because the group of individuals subsumed under the diagnosis is so heterogeneous that while some psychopaths do show significant impairments in affect and control which may impact on their responsibility, many psychopaths are not incapacitated in a way relevant to responsibility. (shrink)

Moral luck occurs when factors beyond an agent’s control positively affect how much praise or blame she deserves. Kinds of moral luck are differentiated by the source of lack of control such as the results of her actions, the circumstances in which she finds herself, and the way in which she is constituted. Many philosophers accept the existence of some of these kinds of moral luck but not others, because, in their view, the existence of only some of them would (...) make morality unfair. I, however, argue that this intermediary approach is unstable, because either morality is fair in ways that rule out resultant, circumstantial, and constitutive moral luck (and this leads to moral responsibility skepticism), or morality is unfair in ways that permit the existence of those kinds of moral luck. Thus, such intermediary approaches lack the motivation that their proponents have long taken them to have. In the appendix, I point to ways in which morality is unfair concerning the scope of moral responsibility, moral obligation, moral taint, being a good or bad person, and flourishing. (shrink)

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

Ignorance usually excuses from responsibility, unless the person is culpable for the ignorance itself. Since a lot of wrongdoing occurs in ignorance, the question of what makes ignorance culpable is central for a theory of moral responsibility. In this article I examine a prominent answer, which I call the ‘volitionalist tracing account,’ and criticize it on the grounds that it relies on an overly restrictive conception of responsibility‐relevant control. I then propose an alternative, which I call the ‘capacitarian conception of (...) control,’ and on the basis of it I advance an account of culpable ignorance that avoids the skeptical upshots of the volitionalist proposal. If correct, my account establishes three important truths: agents can be directly in control of their ignorance, they can be directly responsible for more than actions and omissions, and their moral obligations extend beyond the performance of intentional actions and omissions. (shrink)

This essay attempts to provide and defend what may be the first actual argument in support of P. F. Strawson's merely stated vision of a response-dependent theory of moral responsibility. It does so by way of an extended analogy with the funny. In part 1, it makes the easier and less controversial case for response-dependence about the funny. In part 2, it shows the tight analogy between anger and amusement in developing the harder and more controversial case for response-dependence about (...) a kind of blameworthiness. It then defends the view from three serious skeptical challenges. (shrink)

A recent skeptical challenge denies deliberation is essential to virtuous agency: what looks like genuine deliberation is just a post hoc rationalization of a decision already made by automatic mechanisms (Haidt 2001; Doris 2015). Annas’s account of virtue seems well-equipped to respond: by modeling virtue on skills, she can agree that virtuous actions are deliberation-free while insisting that their development requires significant thought. But Annas’s proposal is flawed: it over-intellectualizes deliberation’s developmental role and under-intellectualizes its significance once virtue is acquired. (...) Doing better requires paying attention to a distinctive form of anxiety—one that functions to engage deliberation in the face of decisions that automatic mechanisms alone cannot resolve. (shrink)

As a neurodevelopmental condition that affects cognitive functioning, autism has been used as a test case for theories of moral responsibility. Most of the relevant literature focuses on autism’s impact on theory of mind and empathy. Here I examine aspects of autism related to executive function. I apply an account of how we might fail to be reasons responsive to argue that autism can increase the frequency of excuses for transgressive behavior, but will rarely make anyone completely exempt from moral (...) responsibility in general. On this account, although excuses may apply more often to autists than to others, the excuses that apply to autists are just the same excuses that can apply to anyone. (shrink)

In the 1970s and 1980s, a handful of legal theorists addressed the problem of criminal justice for offenders who faced criminogenic social disadvantages. Their discussions were provocative but alternatively unpersuasive and underdeveloped. More recently, in the wake of mass incarceration in America, philosophers have put forth new analyses that make important headway but remain scattered, partial, and in need of a systematic and integrated review. In this article, I reconstruct and critique the most prominent and well-developed explanations yet offered of (...) the distinctive moral problems that offenders’ criminogenic social disadvantages may pose for criminal justice. I conclude that some views are misguided, others are unduly limited, and one – based on the ideals of fair opportunity to avoid crime and punishment – is particularly promising but as yet underdeveloped. (shrink)

The situationist movement in social psychology has caused a considerable stir in philosophy. Much of this was prompted by the work of Gilbert Harman and John Doris. Both contended that familiar philosophical assumptions about the role of character in the explanation of action were not supported by experimental results. Most of the ensuing philosophical controversy has focused upon issues related to moral psychology and ethical theory. More recently, the influence of situationism has also given rise to questions regarding free will (...) and moral responsibility. There is cause for concern that a range of situationist findings are in tension with the reasons-responsiveness putatively required for free will and moral responsibility. We develop and defend a response to the alleged situationist threat to free will and moral responsibility that we call pessimistic realism. We conclude on an optimistic note, exploring the possibility of strengthening our agency in the face of situational influences. (shrink)

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

In his influential paper, “Freedom and Resentment,” P. F. Strawson argued that our ordinary practices of holding persons morally responsible and related reactive attitudes were wholly “internal” to the practices themselves and could be insulated from traditional philosophical and metaphysical concerns, including concerns about free will and determinism. This “insulation thesis” is a controversial feature of Strawson’s influential paper; and it has had numerous critics. The first purpose of this paper is to explain my own reasons for thinking that our (...) practices of holding responsible cannot be entirely insulated from incompatibilist concerns about freedom and determinism. The second purpose is to argue that these incompatibilist concerns are in fact legitimate concerns: There are sound reasons to believe that our ordinary practices of holding persons morally responsible do require at least sometimes in our lives that we must be capable of acting freely in a manner that is not determined. I defend this thesis by spelling out why I believe various compatibilist strategies attempting to show that moral responsibility is compatible with determinism fail to show this. In the course of this critique, a general theme will emerge: In order to do full justice to our ordinary practices of holding persons responsible and the freedoms thus involved, one must distinguish between different types of freedom, and in particular, between freedom of action and freedom of will. (shrink)

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