My aim in this paper is to defend negligence as a legitimate basis for moral and criminal culpability. In so doing, I also hope to demonstrate how philosophical and jurisprudential perspectives on responsibility can mutually inform each other. While much of the paper focuses on criminal negligence, my aim is to show how attention to certain doctrines and concepts in criminal law can shed light on our understanding of moral culpability including culpability for negligence. It is often taken to be (...) a fundamental principle of criminal law that an act cannot be guilty unless it is accompanied by a culpable state of mind or mens rea. This has led to scepticism regarding negligence as a legitimate basis for desert-based criminal sanction because it is not clear that negligence picks out any mental state at all, much less a culpable one. In this paper I articulate and defend a unified account of moral and criminal culpability that rejects the standard view of mens rea that underlies negligence-skepticism. Specifically, I hold that the mens rea element of a crime does not function to inculpate, as is standardly held, but to partly determine the description under which an action counts as wrongful. While I agree that we should be especially cautious about criminalizing negligence, the relevant question, on my view, is not whether a given mens is sufficiently culpable but whether the mens-cum-actus is sufficiently wrongful to warrant the attention of criminal justice. (shrink)

Is moral responsibility essentially historical, or does an agent's moral responsibility for an action depend only on their psychological structure at that time? In previous work, I have argued that the two main (non‐skeptical) views on moral responsibility and agents’ histories—historicism and standard structuralism—are vulnerable to objections that are avoided by a third option, namely history‐sensitive structuralism. In this paper, I develop this view in greater detail and evaluate the view by comparing it with its three dialectical rivals: skepticism about (...) moral responsibility, historicism, and standard structuralism. Each comparison includes discussion of new work on moral responsibility and agents’ histories, and along the way I offer new arguments for preferring history‐sensitive structuralism, paying special attention to the view's explanatory power. (shrink)

This paper argues that “free will” is vague. The argument has two steps. First, I argue that free will is a matter of degrees and, second, that there are no sharp boundaries separating free decisions and actions and non‐free ones. After presenting the argument, I focus on one significant consequence of the thesis, although others are mentioned along the way. In short, considerations of vagueness help understand the logic behind so‐called manipulation arguments, but also show why these arguments are ultimately (...) flawed. (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)

The Top-Down Argument for the ability to do otherwise aims at establishing that humans can do otherwise in the sense that is relevant for debates about free will. It consists of two premises: first, we always need to answer the question of whether some phenomenon (such as the ability to do otherwise) exists by consulting our best scientific theories of the domain at issue. Second, our best scientific theories of human action presuppose that humans can do otherwise. This paper argues (...) that this is not enough to establish the conclusion. The Top-Down Argument supports that humans can do otherwise _in some sense_. But it does not show that humans can do otherwise _in the sense that is relevant for debates about free will_. The paper then shows that the apparently best way to make the argument valid does not work. (shrink)

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 (...) another as, a responsible agent. (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)

Various theorists have endorsed the “communication argument”: communicative capacities are necessary for morally responsible agency because blame aims at a distinctive kind of moral communication. I contend that existing versions of the argument, including those defended by Gary Watson and Coleen Macnamara, face a pluralist challenge: they do not seem to sit well with the plausible view that blame has multiple aims. I then examine three possible rejoinders to the challenge, suggesting that a context-specific, function-based approach constitutes the most promising (...) modification of the communication argument. (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.

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)

We can enrich the explanation of how we should treat kid wrongdoers by recognizing that it matters who does the blaming and punishing. That we should think about who does the blaming and punishing is perhaps unsurprising, but it is nonetheless often underappreciated. Here, I offer two lessons about blame and punishment by thinking about who judges kids. First, the right account of moral and legal responsibility should allow that kids may rightly blame each other, and I argue that we (...) can best accommodate this by relativizing the threshold of competence needed for responsibility. Second, although each kid is an individual and, as a result, the implications of immaturity vary signifi- cantly from kid to kid, we should give kids a break as kids, that is, based on our categorizing them as kids. That we should and do categorize in that way reflects the nature of the criminal justice system as an institution and the nature of us as social beings. (shrink)

Most philosophers acknowledge ways of overcoming blame, even blame directed at a culpable offender, that are not forgiving. Sometimes continuing to blame a friend for their offensive comment just isn't worth it, so we let go instead. However, despite being a common and widely recognised experience, no one has offered a positive account of letting go. Instead, it tends to be characterised negatively and superficially, usually in order to delineate the boundaries of forgiveness. This paper gives a more complete and (...) systematic account of this important practice. We argue that the basic distinction between forgiving and letting go of blame follows from distinctions that many philosophers already accept. We then develop a positive account in terms of the reasons one has to let go rather than forgive and show that letting go is as valuable a part of our shared moral lives as forgiveness. (shrink)

David Brink’s book Fair Opportunity & Responsibility is a meticulously argued and ultimately convincing book that carefully articulates the requirements for criminal guilt and punishment. As the title suggests, Brink argues that only one who has a fair opportunity to be law-abiding ought to be held responsible when they commit a crime. It is unfair to hold a person responsible if they lack abilities necessary to legal agency at the time of a wrongful act, or if these abilities are severely (...) compromised. In this essay I focus on Brink’s handling of structural injustice and the way it can impact our responsibility practices. Structural injustice is a serious and pervasive problem in the U.S., and it is closely related to crime rates. I argue that structural injustice can ground a partial excuse based on compromised normative competence. This is a possibility that Brink does not explore. Marginalization can compromise one’s ability to make and follow normative judgments in keeping with one’s larger society and the criminal law; and what makes some marginalized persons less culpable is that their ability to recognize and respond to moral and legal reasons is compromised compared to those that are not marginalized. (shrink)

Recent work on ecological accounts of moral responsibility and agency have argued for the importance of social environments for moral reasons responsiveness. Moral audiences can scaffold individual agents’ sensitivity to moral reasons and their motivation to act on them, but they can also undermine it. In this paper, we look at two case studies of ‘scaffolding bad’, where moral agency is undermined by social environments: street gangs and online incel communities. In discussing these case studies, we draw both on recent (...) situated cognition literature and on scaffolded responsibility theory. We show that the way individuals are embedded into a specific social environment changes the moral considerations they are sensitive to in systematic ways because of the way these environments scaffold affective and cognitive processes, specifically those that concern the perception and treatment of ingroups and outgroups. We argue that gangs undermine reasons responsiveness to a greater extent than incel communities because gang members are more thoroughly immersed in the gang environment. (shrink)

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)

It is only fair to hold someone accountable for outcomes over which they have sufficient control. The evidence-based approach to education (“evidence-based education,” or EBE) promises to give educators sufficient control over their students’ outcomes by providing access to interventions that are effective according to scientific research. I argue that EBE fails to secure sufficient control because the research on which it relies doesn't establish that interventions are generally effective. If they are to be fair, accountability practices must reflect the (...) limited control educators have, even when using evidence-based interventions that have improved outcomes in other settings. I glean relevant insights by considering accountability for medical practitioners within the context of evidence-based medicine (EBM). (shrink)