Public reason as a political ideal aims to reconcile reasonable disagreement; however, is public reason itself the object of reasonable disagreement? Jonathan Quong, David Estlund, Andrew Lister, and some other philosophers maintain that public reason is beyond reasonable disagreement. I argue this view is untenable. In addition, I consider briefly whether or not two main versions of the public reason principle, namely, the consensus version and the convergence version, need to satisfy their own requirements. My discussion has several important implications (...) for the debate on public reason. (shrink)

Every account of moral responsibility has conditions that distinguish between the consequences, actions, or traits that warrant praise or blame and those that do not. One intuitive condition is that praiseworthiness and blameworthiness cannot be affected by luck, that is, by factors beyond the agent’s control. Several philosophers build their accounts of moral responsibility on this luck-free condition, and we may call their views Luck-Free Moral Responsibility (LFMR). I offer moral and metaphysical arguments against LFMR. First, I maintain that considerations (...) of fairness that often motivate LFMR do not require its adoption. Second, I contend that LFMR has counterintuitive implications for the nature and scope of praiseworthiness and blameworthiness and that LFMR is vulnerable to a reductio ad absurdum. Third, I state some common reasons for thinking that LFMR’s commitment to true counterfactuals of libertarian freedom is problematic, and I argue that if there are no such true counterfactuals and if LFMR is true, a person is praiseworthy and blameworthy at most for a tiny fraction of her actions. Fourth, I argue that proponents of LFMR cannot escape this skeptical cost by appealing to a different kind of counterfactual of freedom. Fifth, I develop an anti-skeptical motivation to affirm the idea that luck can affect moral responsibility. (shrink)

I argue that there is moral luck, i.e., that factors beyond our control can affect how laudable or culpable we are.

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)

According to Molinism, logically prior to his creative decree, God knows via middle knowledge the truth value of the counterfactuals or conditionals of creaturely freedom (CFs) and thus what any possible person would do in any given circumstance. Critics of Molinism have pointed out that the Molinist God gets lucky that the CFs allow him to actualize either a world of his liking or even a good-enough world at all. In this paper, I advance and strengthen the popular critique in (...) two ways. First, I specify the kind of luck to which God is subject, which is circumstantial moral luck. Second, and more importantly, I argue that exposure to this luck is problematic because something external to God and beyond his control determines the degree of praiseworthiness he deserves in relevant possible worlds. My main contention is that divine subjection to circumstantial moral luck raises the theoretical costs of Molinism. (shrink)

On a common characterization, moral luck occurs when factors beyond agents’ control affect their moral responsibility. The existence of moral luck is widely contested, however. In this paper, I present a new challenge for deniers of moral luck. It seems that some factors beyond agents’ control—such as moral principles about blame- and praiseworthiness—clearly affect moral responsibility. Thus, moral luck deniers face a dialectical burden that has so far gone unnoticed. They must either point to a relevant difference between factors like (...) moral principles and the kind of factors that according to them do not affect moral responsibility or show how they can avoid having to point to such a difference. I argue that no obvious way to meet the challenge presents itself and that it thus amounts to a serious worry for deniers of moral luck. (shrink)

This paper explores the prospects of employing a functional approach in order to improve our concept of actual causation. Claims of actual causation play an important role for a variety of purposes. In particular, they are relevant for identifying suitable targets for intervention, and they are relevant for our practices of ascribing responsibility. I argue that this gives rise to the _challenge of purpose_. The challenge of purpose arises when different goals demand adjustments of the concept that pull in opposing (...) directions. More specifically, I argue that a common distinction between certain kinds of preempted and preempting factors is difficult to motivate from an interventionist viewpoint. This indicates that an appropriately revised concept of actual causation would not distinguish between these two kinds of factors. From the viewpoint of retributivist responsibility, however, the distinction between preempted and preempting factors sometimes is important, which indicates that the distinction should be retained. (shrink)

In a series of ten preregistered experiments (N=2043), we investigate the effect of outcome valence on judgments of probability, negligence, and culpability – a phenomenon sometimes labelled moral (and legal) luck. We found that harmful outcomes, when contrasted with neutral outcomes, lead to increased perceived probability of harm ex post, and consequently to increased attribution of negligence and culpability. Rather than simply postulating a hindsight bias (as is common), we employ a variety of empirical means to demonstrate that the outcome-driven (...) asymmetry across perceived probabilities constitutes a systematic cognitive distortion. We then explore three distinct strategies to alleviate the hindsight bias and its downstream effects on mens rea and culpability ascriptions. Not all are successful, but at least some prove promising. They should, we argue, be taken into consideration in criminal jurisprudence, where distortions due to the hindsight bias are likely considerable and deeply disconcerting. (shrink)

Both the genetic endowment we have been equipped with, and the environment we had to be born and raised in, were not – and never are – for us to choose; both are pure luck, a random ticket in this enormously inventive cosmic lottery of existence. If it is luck that has makes us the persons we are, and since our decisions and choices depend largely on the kind of persons we are, it seems that everything we do or fail (...) to do may only be attributed to luck. This paper focuses on criminal behavior, with special emphasis on Tarde’s and Lombroso’s views, to discuss free will and agency, and their interplay with moral luck, that is, the fixed boundaries set by our nature and the circumstances that surround us. (shrink)

Modernity and Contemporaneity is the 3rd volume in the Hellenic-Serbian Philosophical Dialogue Series, a project that was initiated as an emphatic token of the will and commitment to establish permanent and fruitful collaboration between two strongly bonded Departments of Philosophy, this of the National and Kapodistrian University of Athens, and that of the University of Novi Sad respectively. This collaboration was founded from the very beginning upon friendship, mutual respect and strong engagement, as well us upon our firm resolution to (...) establish a solid continuity in the editing project. The publication of this volume allows us to entertain feelings of contentment and confidence that this objective of the project has been accomplished. (shrink)

I argue that any account attempting to do away with resultant or circumstantial moral luck is inconsistent with a natural response to the problem of constitutive moral luck. It is plausible to think that we sometimes contribute to the formation of our characters in such a way as to mitigate our constitutive moral luck at later times. But, as I argue here, whether or not we succeed in bringing about changes to our characters is itself a matter of resultant and (...) circumstantial moral luck. I conclude with a dilemma, both horns of which require accepting some form of moral luck. (shrink)

Moral luck occurs when factors beyond an agent’s control affect her blameworthiness. Several scholars deny the existence of moral luck by distinguishing judging blameworthy from blame-related practices. Luck does not affect an agent’s blameworthiness because morality is conceptually fair, but it can affect the appropriate degree of blame for that agent. While separatism resolves the paradox of moral luck, we aim to show it that it needs amendment, because it is unfair to treat two equally blameworthy people unequally. We argue (...) that separatists should conceive fairness as a pro tanto reason for blame. By locating fairness as a ground for blame within a wider axiology of blame, separatism could resolve the challenge of blaming fairly. In such an axiology, reasonable and fair blame diverge. (shrink)

This paper warns of two threats to moral responsibility that arise when accounting for omissions, given some plausible assumptions about how abilities are related to responsibility. The first problem threatens the legitimacy of our being responsible by expanding the preexisting tension that luck famously raises for moral responsibility. The second threat to moral responsibility challenges the legitimacy of our practices of holding responsible. Holding others responsible for their omissions requires us to bridge an epistemic gap that does not arise when (...) holding others responsible for their actions—one that we might often fail to cross. (shrink)

I argue for a novel understanding of the nature of agent-regret. On the standard picture, agent-regret involves regretting the result of one’s action and thus regretting one’s action. I argue that the standard picture is a flawed analysis of agent-regret. I offer several cases of agent-regret where the agent feels agent-regret but does not regret the result itself. I appeal to other cases where an agent’s attitude towards something depends upon whether or not they are involved in that thing. I (...) argue that the same applies to actions: sometimes an agent’s attitude towards a result differs from their attitude to their involvement in bringing about that result. Agent-regret is regret about my own action, but it need not involve regret about something in the world. I end by considering how this picture of agent-regret allows us to respond to a particular criticism of agent-regret. (shrink)

ABSTRACT Many of our common-sense moral judgments seemingly imply the existence of moral luck. I attempt to avoid moral luck while retaining most of these judgments. I defend a view on which agents have moral equality of opportunity. This allows us to account for our anti-moral-luck intuitions at less cost than has been previously recognized.

One’s constitution—whether one is generous or miserly, temperate or intemperate, kind or mean, etc.—is beyond one’s control in significant respects. Yet one’s constitution affects how one acts. And how one acts affects one’s moral standing. The counterintuitive inference—the so-called problem of constitutive moral luck—is that one’s moral standing is, to some significant extent, beyond one’s control. This article grants the premises but resists the inference. It argues that one’s constitution should have no net impact on one’s moral standing. While a (...) bad constitution lowers the chance that one will act morally, it offers significant gains to moral standing should that chance materialize. A good constitution increases one’s chance of performing good acts but for correspondingly more modest gains. This effect should smooth out, and possibly eliminate, the expected impact of constitution on moral standing. (shrink)

In a series of ten preregistered experiments (N=2043), we investigate the effect of outcome valence on judgments of probability, negligence, and culpability – a phenomenon sometimes labelled moral (and legal) luck. We found that harmful outcomes, when contrasted with neutral outcomes, lead to increased perceived probability of harm ex post, and consequently to increased attribution of negligence and culpability. Rather than simply postulating a hindsight bias (as is common), we employ a variety of empirical means to demonstrate that the outcome-driven (...) asymmetry across perceived probabilities constitutes a systematic cognitive distortion. We then explore three distinct strategies to alleviate the hindsight bias and its downstream effects on mens rea and culpability ascriptions. Not all are successful, but at least some prove promising. They should, we argue, be taken into consideration in criminal jurisprudence, where distortions due to the hindsight bias are likely considerable and deeply disconcerting. (shrink)

This paper presents a series of studies (total N=579) which demonstrate that folk judgments concerning the reasonableness of decisions and actions depend strongly on whether they engender positive or negative consequences. A particular decision is deemed more reasonable in retrospect when it produces beneficial consequences than when it produces harmful consequences, even if the situation in which the decision was taken and the epistemic circumstances of the agent are held fixed across conditions. This finding is worrisome for the law, where (...) the reasonable person standard plays a prominent role. The legal concept of reasonableness is outcome-insensitive: whether the defendant acted in a reasonable fashion or not depends exclusively on her context of action, no matter how things play out. Folk judgments of reasonableness are thus inconsistent with the legal concept of reasonableness. Problematically, in common law jurisdictions, the decision whether a defendant’s behavior was reasonable or not is frequently (though not necessarily) delegated to a lay jury. (shrink)

The nexus of the moral luck debate is the control principle, which says that people are responsible only for things within their control. In this paper, I will first argue that the control principle should be restrained to blameworthiness, because responsibility is too wide a concept to square with control. Many deniers of moral luck appeal to the intuitiveness of the control principle. Defenders of moral luck do not share this intuition and demand a stronger defence of the control principle. (...) I will establish a defence of the control principle based on the value of simplicity for selecting a theory of blameworthiness. A simpler theory of blameworthiness is more likely to be true, and not being falsely judged blameworthy is desirable. I will conclude that simplicity advices the acceptance of the control principle over other theories of blameworthiness that embrace factors beyond control. (shrink)

In their article “No Luck for Moral Luck”, the authors claim to have dissolved the philosophical puzzle of resultant moral luck through empirical studies that show that people do not judge morally lucky and morally unlucky agents differently. In this paper, I will argue that one can accept the results of their experiment and still uphold the puzzle of resultant moral luck. In order to do so, I will first turn to Machery’s suggestion that implicit biases should be viewed as (...) traits instead of mental states and introduce three levels of moral commitment. I will use the distinctions made in Machery to argue that Kneer and Machery’s experiments test respondents’ second-level moral commitments but that the puzzle of moral luck is actually about third-level moral commitments which are indicative of traits that manifest in practice. I will make this point by returning to Nagel's article and arguing that the original puzzle of resultant moral luck is best described as a puzzle about moral practice rather than moral theory. As a result, Kneer and Machery’s analysis does not show that people do not have a Difference Intuition as they claim, but only that they have a second-level theoretical commitment to the control principle, which is a conclusion that should have been expected given Nagel’s formulation of the problem. (shrink)

In matters of responsibility, there are often two sides to the transaction: one party who holds another responsible, and the other who takes responsibility for her conduct. The first side has been closely scrutinized in discussions of the nature of responsibility, due to the influential Strawsonian conjecture that an agent is responsible if and only if it is appropriate to hold her responsible. This preoccupation with holding responsible – with its focus on the second-personal perspective and on responses like blame (...) – contrasts with a relative neglect of the perspective of the agent and the role that she has to play by taking responsibility. I aim to show that this neglect is undeserved – that taking responsibility is both distinct in character from holding responsible and fundamentally important in its own right. I develop a conception of taking responsibility that reveals an under-explored dimension of our responsibility practices. (shrink)

What you ought to do is sensitive to circumstances that are not under your control, or to luck. So plain luck is often morally significant. Still, some of us think that there's no moral luck - that praiseworthiness and blameworthiness are not sensitive to luck. What explains this asymmetry between the luck-sensitivity of ought-judgments and the luck-insensitivity of blameworthiness and praiseworthiness judgments? I suggest an explanation, relying on the analogy to rational luck. I argue that some rational assessments - like (...) how well one plays the hand one's dealt - are luck-insensitive; that we have reason to believe some moral evaluations are analogous to such assessments; and that blameworthiness and praiseworthiness judgments are precisely those luck-insensitive moral evaluations. I also draw an implication regarding agent-regret. (shrink)

This article explores a historical challenge for contemporary accounts of the role that the desire of being esteemed can play in exercising social control. According to Geoffrey Brennan and Philip Pettit, the economy of esteem normally has two aspects: it is supportive of virtuous action and it occurs spontaneously. The analysis of esteem presented by the 18th‐century materialist Claude‐Adrien Helvétius challenges the intuition that these two aspects go together unproblematically. This is so because, in Helvétius's view, the desire for esteem (...) is always triggered by sensible interest. In the frequent situations where sensible interest diverges from the demands of virtue, the economy of esteem thus can be spontaneous but will not be supportive of virtue. Helvétius allows for cases of moral luck where sensible interest coincides with the demands of virtue but regards these cases as rare occurrences. This is why he believes that a functioning economy of esteem crucially depends on political constitutions—in which case the economy of esteem can be supportive of virtue but will not be spontaneous. (shrink)

*As mentioned in Peter Coy's NYT essay "When Being Good Is Just a Matter of Being Lucky" (2023) -/- ----- -/- How is the problem of free will related to the problem of moral luck? In this essay, I answer that question and outline a new solution to the paradox of moral luck, the source-paradox solution. This solution both explains why the paradox arises and why moral luck does not exist. To make my case, I highlight a few key connections (...) between the paradox of moral luck and two related problems, namely the problem of free will and determinism and the paradox of self-creation. Piecing together intuitions, arguments, and insights from recent work on each of these three problems, I argue that the type of control necessary for moral responsibility can only be had by someone who is a genuine source of his own actions, but the relevant notion of sourcehood admits no coherent characterization. If our commonsense view of moral responsibility is incoherent, it is unsurprising that our commitment to the existence of morally responsible agents commits us to some paradoxical things—e.g. to both the existence and impossibility of moral luck. For more information about this article, please write to gmail account: kristin.mickelson.42. (shrink)

Moral philosophers and psychologists often assume that people judge morally lucky and morally unlucky agents differently, an assumption that stands at the heart of the Puzzle of Moral Luck. We examine whether the asymmetry is found for reflective intuitions regarding wrongness, blame, permissibility, and punishment judg- ments, whether people’s concrete, case-based judgments align with their explicit, abstract principles regarding moral luck, and what psychological mechanisms might drive the effect. Our experiments produce three findings: First, in within-subjects experiments favorable to reflective (...) deliberation, the vast majority of people judge a lucky and an unlucky agent as equally blameworthy, and their actions as equally wrong and permissible. The philosophical Puzzle of Moral Luck, and the challenge to the very possibility of systematic ethics it is frequently taken to engender, thus simply do not arise. Second, punishment judgments are significantly more outcome- dependent than wrongness, blame, and permissibility judgments. While this constitutes evidence in favor of current Dual Process Theories of moral judgment, the latter need to be qualified: punishment and blame judgments do not seem to be driven by the same process, as is commonly argued in the literature. Third, in between-subjects experiments, outcome has an effect on all four types of moral judgments. This effect is mediated by negligence ascriptions and can ultimately be explained as due to differing probability ascriptions across cases. (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 article I argue against the idea that actions are to be morally judged only for the motive or intention out of which the agent performed or intended to perform the action. Particularly, I put forward different cases by which I discuss the contrast between will or intention and consequences; between negligence and decisions under uncertainty, and outcomes; between deliberate and inadvertent acts; and between intention and action; aiming to show the additional role played by each pair’s second element (...) in determining the deserved moral judgment. (shrink)

The present paper poses a new problem for moral luck. Defenders of moral luck uncritically rely on a broader theory of luck known as the control theory or the lack of control theory. However, there are are two other analyses of luck in the literature that dominate discussion in epistemology, namely the probability and modal theories. However, moral luck is nonexistent under the probability and modal accounts, but the control theory cannot explain epistemic luck. While some have posited that “luck” (...) is ambiguous, so that one theory of luck is operative with epistemic luck and a different theory works for moral luck, there are both semantic and philosophical reasons to reject luck ambiguity. Defenders of moral luck must engage with the broader literature on luck and either provide a comprehensive defense of the control theory or concede that moral luck is not a genuine thing in its own right. (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)

In this paper, I take up the task of further examining the ticking bomb argument in favor of the use of torture. In doing so, I will focus on some recent scholarship regarding ticking bomb methodology introduced by Fritz Allhoff. I will then propose a set of ticking bomb variations which, I believe, call into question some of Allhoff's conclusions. My goal is to show that ticking bomb methodology is misguided in its attempt to justify torture insofar as its proponents (...) seem to ignore certain nonconsequentialist factors that are latent in the various types of uncertainty in real-world ticking bomb cases. Once this fact is recognized, I claim, the normative claims about torture that follow can be denied by appealing to it. I then argue that, even if we grant a certain level of uncertainty within the ticking bomb argument, torture is not justified. Rather, the implementation of torture, even if it yields positive results, is nothing more than a case of moral luck. In other words, the supposed "success" of torture in the ticking bomb cases lies entirely outside the agent's control. Thus, if the outcome of the use of torture is in no way controlled by the agent, then the agent's actions cannot be justified by appealing to that outcome. (shrink)

This article explores the Rawlsian goal of ensuring that distributions are not influenced by the morally arbitrary. It does so by bringing discussions of distributive justice into contact with the debate over moral luck initiated by Williams and Nagel. Rawls’ own justice as fairness appears to be incompatible with the arbitrariness commitment, as it creates some equalities arbitrarily. A major rival, Dworkin’s version of brute luck egalitarianism, aims to be continuous with ordinary ethics, and so is (a) sensitive to non-philosophical (...) beliefs about free will and responsibility, and (b) allows inequalities to arise on the basis of option luck. But Dworkin does not present convincing reasons in support of continuity, and there are compelling moral reasons for justice to be sensitive to the best philosophical account of free will and responsibility, as is proposed by the revised brute luck egalitarianism of Arneson and Cohen. While Dworkinian brute luck egalitarianism admits three sorts of morally arbitrary disadvantaging which correspond to three forms of moral luck (constitutive, circumstantial, and option luck), revised brute luck egalitarianism does not disadvantage on the basis of constitutive or circumstantial luck. But it is not as sensitive to responsibility as it needs to be to fully extinguish the influence of the morally arbitrary, for persons under it may exercise their responsibility equivalently yet end up with different outcomes on account of option luck. It is concluded that egalitarians should deny the existence of distributive luck, which is luck in the levels of advantage that individuals are due. (shrink)

This paper introduces a new family of cases where agents are jointly morally responsible for outcomes over which they have no individual control, a family that resists standard ways of understanding outcome responsibility. First, the agents in these cases do not individually facilitate the outcomes and would not seem individually responsible for them if the other agents were replaced by non-agential causes. This undermines attempts to understand joint responsibility as overlapping individual responsibility; the responsibility in question is essentially joint. Second, (...) the agents involved in these cases are not aware of each other's existence and do not form a social group. This undermines attempts to understand joint responsibility in terms of actual or possible joint action or joint intentions, or in terms of other social ties. Instead, it is argued that intuitions about joint responsibility are best understood given the Explanation Hypothesis, according to which a group of agents are seen as jointly responsible for outcomes that are suitably explained by their motivational structures: something bad happened because they didn’t care enough; something good happened because their dedication was extraordinary. One important consequence of the proposed account is that responsibility for outcomes of collective action is a deeply normative matter. (shrink)

Is there a difference in moral blameworthiness between a murderer and an attempted murderer? Should there be a legal difference between them? These questions are particular instances of the question of moral luck and legal luck (respectively). In this paper, I survey and explain the main argumentative moves within the general philosophical discussion of moral luck. I then discuss legal luck, and the different ways in which this discussion may be related to that of moral luck.

Proceeding from the assumptions that forgiveness is at least sometimes elective and that it changes the normative relations between victims and wrongdoers, this paper argues that our practices of forgiveness are subject to an overlooked form of moral luck, forgiveness-luck. Forgiveness-luck is introduced via reflection on ‘differential forgiveness’, wherein of two equally culpable and remorseful agents, one is forgiven and the other not, and both justifiably so. In being forgiven—at least if forgiveness is normatively significant— one undergoes a positive alteration (...) in one’s moral status, i.e., a positive alteration in one’s permissions, obligations, or interpersonal reasons that is implied by one’s being the target of a positive moral responsibility-response. It is also illustrated how responsibility-responses other than forgiveness are candidate determinates of one’s moral status. As such, this paper outlines a capacious conception of moral luck, according to which moral statuses beyond blameworthiness (and praiseworthiness) are determinable by factors beyond one’s control. The capacious conception avoids rendering the existence of moral luck a trivial matter (as it preserves the distinction between moral luck and morally significant plain luck) and—at least if moral responsibility is understood in terms of accountability— preserves continuity with narrower conceptions of moral luck. (shrink)

Many theists conceive of God as a perfect being, i.e., as that than which none greater is metaphysically possible. On this grand view of God, it seems plausible to think that such a supreme and maximally great being would not be subject to luck of any sort. Given the divine perfections, God is completely insulated from luck. However, I argue that the opposite is true: precisely because God is perfect, he is subject to a kind of luck called constitutive luck. (...) In this paper, first I provide an analysis of luck and then explain the concept of constitutive luck. I proceed to defend constitutive luck from charges of incoherence and examine a different approach to make sense of this luck. Furthermore, I distinguish between two kinds of constitutive luck and argue that even if God isn’t subject to one kind, evading the second kind is unsuccessful. I offer two ways that God is constitutively lucky and reach a surprising conclusion: a perfect being is the luckiest of all possible beings. (shrink)

This thesis concerns our moral and epistemic responsibilities regarding our concepts. I argue that certain concepts can be morally, epistemically, or socially problematic. This is particularly concerning with regard to our concepts of social kinds, which may have both descriptive and evaluative aspects. Being ignorant of certain concepts, or possessing mistaken conceptions, can be problematic for similar reasons, and contributes to various forms of epistemic injustice. I defend an expanded view of a type of epistemic injustice known as ‘hermeneutical injustice’, (...) where widespread conceptual ignorance puts members of marginalized groups at risk of their distinctive and important experiences lacking intelligible interpretations. Together, I call the use of problematic concepts or the ignorance of appropriate concepts ‘conceptual incapacities’. I discuss the conditions under which we may be responsible for our conceptual incapacities on several major theories of responsibility, developing my own account of responsibility in the process, according to which we are responsible for something just in case it was caused by one of our reasons-responsive constitutive psychological traits. However, I argue that regardless of whether we are responsible for something, we may still be required to take responsibility for it. Whether or not we are responsible for our conceptual incapacities, we are required to reflect critically upon them in a variety of scenarios that throw our use of those concepts into question. I consider the method of conceptual engineering — the philosophical critique and revision of concepts — as one way we might take responsibility for our concepts, or at least, defer that duty to experts. But, this top-down model of conceptual revision is insufficient. Using a pragmatist model of the social epistemology of morality, I argue that conceptual inquiry is a social endeavour in which we are all required to participate, to some degree. (shrink)

When is it fitting for an agent to feel guilt over an outcome, and for others to be morally indignant with her over it? A popular answer requires that the outcome happened because of the agent, or that the agent was a cause of the outcome. This paper reviews some of what makes this causal-explanatory view attractive before turning to two kinds of problem cases: cases of collective harms and cases of fungible switching. These, it is argued, motivate a related (...) but importantly different answer: What is required for fitting guilt and indignation is that the agent is relevantly implicated in that outcome: that the agent’s morally substandard responsiveness to reasons, or substandard caring, is relevantly involved in a normal explanation of it. This answer, it is further argued, makes sense because when an agent’s substandard caring is so involved, the outcome provides a lesson against such caring, a lesson central to the function of guilt and indignation. (shrink)

Is it appropriate to blame people unequally if the only difference between them was a matter of luck? Suppose Alice would drive recklessly if she could, Belen drove recklessly but didn’t harm anyone, and Cleo drove recklessly and killed a child. Luck-advocates emphasize that in real life we do blame such agents very unequally. Luck-skeptics counter that people aren’t responsible for factors beyond their control, or beyond their quality of will. I’ll defend a somewhat reconciliatory view. I’ll concede to the (...) skeptics that these agents are equally culpable. Nonetheless, I’ll suggest with the luck-advocates that it’s fitting to blame them unequally. That’s because their culpability is unequally significant for us: Cleo’s culpability concerns us more than Belen’s, and Belen’s more than Alice’s—just like the fault of a close aggressor concerns us more than that of an aggressor far off in place and time. And it’s fitting for us to respond with more blame to faults that concern us more. Indeed, blaming people simply in proportion to their culpability manifests a form of fetishism, or problematic mere-matter-of-principle concern. So while many skeptical tenets may hold, in substance the luck-advocates are right. (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.

People judge that an individual who attempts to harm someone but fails should be blamed and punished more when they imagine how things could have turned out worse, compared to when they imagine how things could have turned out the same, or when they think only about what happened. This moral counterfactual amplification effect occurs when people believe the protagonist had no reason for the attempt to harm, and not when the protagonist had a reason, as Experiment 1 shows. It (...) occurs for intentional failed attempts to harm and also for accidental near-misses, as Experiment 2 shows, but not for failed attempts in which the harm occurs anyway by another cause, for both general judgments about the event and specific judgments about the individual's actions, as Experiments 3 and 4 show. The implications for understanding the role of counterfactual thoughts in moral judgement are discussed. (shrink)

This paper argues that, if we are committed to a Pro-choice stance with regard to selective abortion for disability, we will be unable to justify the prohibition of sex-selective abortion (SSA), for two reasons. First, familiar Pro-choice arguments in favour of a woman’s right to select against fetal impairment also support, by parity of reasoning, a right to choose SSA. Second, rejection of the criticisms of selective abortion for disability levelled by disability theorists also disposes, by implication, of the key (...) objections to SSA, as developed, most notably, by feminists. The paper, then, consists of a conditional defence of SSA, under which SSA should be available, and protected by a right, if selective abortion for disability is. Opponents of SSA might respond by conceding additional restrictions on selection against disabled fetuses. It should become clear throughout the paper, however, that any such new restrictions would be unacceptably onerous for women. (shrink)

Midwest Studies In Philosophy, EarlyView.

Most presentations of the problem of moral luck invoke the notion of control, but little has been said about what control amounts to. We propose a necessary condition on an agent's having been in control of performing an action: that the agent's effort to perform the action ensured that the agent performed the action. The difficulty of satisfying this condition leads many on both sides of the moral luck debate to conclude that much of what we do is not within (...) our control, and, at the limit, underpins agential skepticism, the view that no one has ever been in control of having performed an action in the external world. We propose a response to the agential skeptic modeled on the epistemological disjunctivist's response to the skeptic about perceptual experience. According to agential disjunctivism, the necessary condition on control can be met, thus undermining agential skepticism and one motivation for the problem of moral luck. Our view can be understood as resisting moral luck not by shrinking the domain of robust moral evaluation but by refusing to contract the realm of robust control. (shrink)

Ratio Juris, Volume 35, Issue 2, Page 191-222, June 2022.

This paper addresses the concept of moral luck. Moral luck is discussed in the context of medical error, especially an error of omission that occurs frequently, but only rarely has adverse consequences. As an example, a failure to compare the label on a syringe with the drug chart results in the wrong medication being administered and the patient dies. However, this error may have previously occurred many times with no tragic consequences. Discussions on moral luck can highlight conflicting intuitions. Should (...) perpetrators receive a harsher punishment because of an adverse outcome, or should they be dealt with in the same way as colleagues who have acted similarly, but with no adverse effects? An additional element to the discussion, specifically with medical errors, is that according to the evidence currently available, punishing individual practitioners does not seem to be effective in preventing future errors. The following discussion, using relevant philosophical and empirical evidence, posits a possible solution for the moral luck conundrum in the context of medical error: namely, making a distinction between the duty to make amends and assigning blame. Blame should be assigned on the basis of actual behavior, while the duty to make amends is dependent on the outcome. (shrink)