Constitutive instrumentalism is the view that responsibility practices arise from and are justified by our being prosocial creatures who need responsibility practices to secure specific kinds of social goods. In particular, responsibility practices shape agency in ways that disposes adherence to norms that enable goods of shared cooperative life. The mechanics of everyday responsibility practices operate, in part, via costly signaling about the suitability of agents for coordination and cooperation under conditions of shared cooperative life. So, there are a range (...) of identifiable conditions where the ordinary operation of responsibility practices—and thus, the usual normative force of the practices—is disrupted. Even so, these conditions are not so widespread as to favor a more thoroughgoing abandonment of responsibility practices. (shrink)

In this paper, I argue that one approach to normative political theory, namely contextualism, can benefit from a specific kind of historical inquiry, namely genealogy, because the latter provides a solution to a deep-seated problem for the former. This problem consists in a lack of critical distance and originates from the justificatory role that contextualist approaches attribute to contextual facts. I compare two approaches to genealogical reconstruction, namely the historiographical method pioneered by Foucault and the hybrid method of pragmatic genealogy (...) as practiced by Bernard Williams, arguing that they both ensure an increase in critical distance while preserving contextualism’s distinctiveness. I also show, however, that only the latter provides normative action-guidance and can thus assist the contextualist theorist in the crucial task of discerning how far certain contextual facts deserve their justificatory role. I prove this point by showing how a pragmatic genealogy of the practice of punishment can inform the contextualist’s reflection about the role this practice should play in a transitional scenario, i.e. in the set of circumstances societies go through in the aftermath of large-scale violence and human rights violations. (shrink)

Linguistic intuitions are a central source of evidence across a variety of linguistic domains. They have also long been a source of controversy. This chapter aims to illuminate the etiology and evidential status of at least some linguistic intuitions by relating them to error signals of the sort posited by accounts of on-line monitoring of speech production and comprehension. The suggestion is framed as a novel reply to Michael Devitt’s claim that linguistic intuitions are theory-laden “central systems” responses, rather than (...) endorsed outputs of a modularized language faculty (the “Voice of Competence”). Along the way, it is argued that linguistic intuitions may not constitute a natural kind with a common etiology; and that, for a range of cases, the process by which intuitions used in linguistics are generated amounts to little more than comprehension. (shrink)

In resultant moral luck, blame and punishment seem intuitively to depend on downstream effects of a person’s action that are beyond his or her control. Some skeptics argue that we should override our intuitions about moral luck and reform our practices. Other skeptics attempt to explain away apparent cases of moral luck as epistemic artifacts. I argue, to the contrary, that moral luck is real—that people are genuinely responsible for some things beyond their control. A partially consequentialist theory of responsibility (...) justifies moral luck. But this justification is no mere rationalization of the status quo. Recent experimental and evolutionary work on punishment and learning suggests that the very same reasons that justify moral luck have also shaped the evolution of our luck-sensitive moral practices. (shrink)

When we hear about a transgression, we may consider whether the perpetrator’s individual circumstances make their transgression more understandable or excusable. Mitigating circumstances may reduce the severity of punishment that is deemed appropriate, both intuitively and legally. But importantly, in courts of public opinion and of law, mitigating information is typically presented only after information about a perpetrator’s transgression. We explore whether this sequence influences the force of mitigating evidence. Specifically, in two studies, we examined whether presenting evidence about a (...) perpetrator’s background before or after evidence of their violation influenced how severely U.S. participants punished perpetrators. In Study 1 (N = 132), evidence about the perpetrator’s mitigating circumstances reduced punishment only when it was presented before evidence about the perpetrator’s violation. Study 2 (N = 316) additionally revealed this moderating effect of presentation order across a variety of premeditated and impulsive violations. These findings are consistent with person-centered theories of punishment and with the Story Model of adjudication. (shrink)

In a brief section of The Theory of Moral Sentiments that has often been overlooked, we find a fascinating discussion of the phenomenon of moral luck. This article argues that Adam Smith’s discussion is important for two reasons: first, for what it tells us about the role our psychology, including some of its more ‘irregular’ features, plays in allowing us to reap the benefits of social cooperation and, second, for the novel solution it suggests to the problem of moral luck.

Danaher (2016) has argued that increasing robotization can lead to retribution gaps: Situations in which the normative fact that nobody can be justly held responsible for a harmful outcome stands in conflict with our retributivist moral dispositions. In this paper, we report a cross-cultural empirical study based on Sparrow’s (2007) famous example of an autonomous weapon system committing a war crime, which was conducted with participants from the US, Japan and Germany. We find that (1) people manifest a considerable willingness (...) to hold autonomous systems morally responsible, (2) partially exculpate human agents when interacting with such systems, and that more generally (3) the possibility of normative responsibility gaps is indeed at odds with people’s pronounced retributivist inclinations. We discuss what these results mean for potential implications of the retribution gap and other positions in the responsibility gap literature. (shrink)

Upholding cooperative norms via punishment is of central importance in organizations. But what effect does punishing have on the reputation of the punisher? Although previous research shows third parties can garner reputational benefits for punishing transgressors who violate social norms, we proposed that such reputational benefits can vary based on the perceived motive for the punishment. In Studies 1 and 2, we found that individuals who endorsed a consequentialist (versus deontological) motive for punishing were seen as more trustworthy. In Study (...) 3, the results showed that when pitted against one another, a person who endorsed a consequentialist (versus deontological) motive for punishing was chosen more often as a partner in a Trust Game. In Study 4, we found that a manager who expressed a consequentialist reason for punishing an employee was seen as having less psychopathic tendencies, and this related to the manager being perceived as more trustworthy and a superior cooperation partner. Using a recall methodology, Study 5 results showed that employees who perceived their managers as having more consequentialist (versus deontological) motives for punishing also perceived their managers as being less psychopathic and more trustworthy. Theoretical and practical implications are discussed. (shrink)

‘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 (...) we cannot expect people to support such optimistic theories democratically, calling their feasibility into question. Taking the civic republican theory as an exemplar of optimistic theories, we argue that it does not fail this feasibility test. We review recent empirical research, including studies of our own, to support the claim that, far from being brute retributivists, human beings are generally satisfied only with punishment that delivers something other than mere retribution. And we show that this coheres very closely with the goals and policies that civic republicanism would support, as it may be expected to cohere also with other optimistic proposals. (shrink)

Punishment and forgiveness are two very different responses to a moral transgression that both have been argued to restore perceptions of moral order within an organization. Unfortunately, it is currently unclear what motivates organizational actors to punish or forgive a norm transgressor. We build on social cognitive theory to argue that punishment and forgiveness of a transgressor are both rooted in self-regulatory processes. Specifically, we argue that organizational actors are more likely to respond to intentional transgressions with punishment, and to (...) unintentional transgressions with forgiveness. However, these effects of transgressor intentionality should be found in particular among actors for whom moral identity is central. We find support for these predictions in a laboratory experiment and a field study among organizational leaders. By simultaneously studying punishment and forgiveness in organizational settings, we provide crucial insight in their shared motivational bases, as well as into important differences between the two. (shrink)

There is considerable variability across people in their punitive responses to employee offenses in the workplace. We attempt to explain this variability by positing a novel antecedent of punishment: moral recognition. We find consistent evidence that identifying moral considerations and implications for workplace offenses predicts punitive responses toward employees who commit those offenses. Drawing on functional theoretical accounts of morality and punishment, we posit that people are motivated to punish others to the extent that they believe a moral offense has (...) been committed, because much of what it means to commit a moral offense (as opposed to a non-moral offense) is to act in a way that prevents, or inhibits, cooperative behavior to achieve social goals. Punishment can discourage group members from committing those offenses in the future, thereby regulating behavior in a way that facilitates cooperation and social cohesion. We offer correlational and causal evidence that the link between moral recognition and punishment is explained, in part, by participants’ beliefs that committing these offenses prevents cooperative behavior to achieve organization-related goals. (shrink)

In four studies, we investigated the role of remembering, reflecting on, and mutating personal past moral transgressions to learn from those moral mistakes and to form intentions for moral improvement. Participants reported having ruminated on their past wrongdoings, particularly their more severe transgressions, and they reported having frequently thought about morally better ways in which they could have acted instead (i.e., morally upward counterfactuals; Studies 1–3). The more that participants reported having mentally simulated morally better ways in which they could (...) have acted, the stronger their intentions were to improve in the future (Studies 2 and 3). Implementing an experimental manipulation, we then found that making accessible a morally upward counterfactual after committing a moral transgression strengthened reported intentions for moral improvement—relative to resimulating the remembered event and considering morally worse ways in which they could have acted instead (Study 4). We discuss the implications of these results for competing theoretical views on the relationship between memory and morality and for functional theories of counterfactual thinking. (shrink)

Psychologists and neuroscientists have recently been unearthing the unconscious processes that give rise to moral intuitions and emotions. According to skeptics like Joshua Greene, what has been found casts doubt on many of our moral beliefs. However, a new approach in moral psychology develops a learning-theoretic framework that has been successfully applied in a number of other domains. This framework suggests that model-based learning shapes intuitions and emotions. Model-based learning explains how moral thought and feeling are attuned to local material (...) and social conditions. Philosophers can draw on these explanations, in some cases, in order to vindicate episodes of moral change. Explanations can support justifications by showing that they are not mere rationalizations. In addition, philosophical justifications are a fertile source for empirical hypotheses about the rational learning mechanisms that shape moral intuitions and emotions. (shrink)