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Responsibility as accountability is normally taken to have stricter control conditions than responsibility as attributability. A common way to argue for this claim is to point to differences in the harmfulness of blame involved in these different kinds of responsibility. This paper argues that this explanation does not work once we shift our focus from other-directed blame to self-blame. To blame oneself in the accountability sense is to feel guilt and feeling guilty is to suffer. To blame oneself in the (...) |
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In this encyclopedia entry I sketch the way contemporary theorists understand moral responsibility -- its varieties, its requirements, and its puzzles. |
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In various areas of Anglo-American law, legal liability turns on causation. In torts and contracts, we are each liable only for those harms we havecausedby the actions that breach our legal duties. Such doctrines explicitly make causation an element of liability. In criminal law, sometimes the causal element for liability is equally explicit, as when a statute makes punishable any act that has “caused… abuse to the child….” More often, the causal element in criminal liability is more implicit, as when (...) |
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It is more or less uncontroversial that when we harm someone through wrongful conduct we incur an obligation to compensate her. But sometimes compensation is impossible: when the victim is killed, for example. Other times, only partial compensation is possible. In this article, I take some initial steps towards exploring this largely ignored issue. I argue that the perpetrator of a wrongful harm incurs a duty to promote the impartial good in proportion to the amount of harm that cannot be (...) |
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Many writers accept the following thesis about responsibility: (R) For one to be responsible for something is for one to be such that it is fitting that one be the object of some reactive attitude with respect to that thing. This thesis bears a striking resemblance to a thesis about value that is also accepted by many writers: (V) For something to be good (or neutral, or bad) is for it to be such that it is fitting that it be (...) |
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People disagree about the causes of social inequality and how to most effectively intervene in them. These may seem like empirical questions for social scientists, not philosophers. However, causal explanation itself depends on broadly normative commitments. From this it follows that (moral) philosophers have an important role to play in determining those causal explanations. I examine the case of causal explanations of poverty to demonstrate these claims. In short, philosophers who work to reshape our moral expectations also work, on the (...) |
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In a paper published in 2006, I argued that the best way of defending something like our current practices of punishing war criminals would be to base the justification of this practice on an expressive theory of punishment. I considered two forms that such a justification could take—a ‘denunciatory’ account, on which the purpose of punishment is supposed to communicate a commitment to certain kinds of standard to individuals other than the criminal and a ‘communicative’ account, on which the purpose (...) |
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Saul Smilansky holds that there is a widespread intuition to the effect that pre-punishment – the practice of punishing individuals for crimes which they have not committed, but which we are in a position to know that they are going to commit – is morally objectionable. Smilanksy has argued that this intuition can be explained by our recognition of the importance of respecting the autonomy of potential criminals. (Smilansky, 1994) More recently he has suggested that this account of the intuition (...) |
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It has recently been suggested that the fact that punishment involves an intention to cause suffering undermines expressive justifications of punishment. I argue that while punishment must involve harsh treatment, harsh treatment need not involve an intention to cause suffering. Expressivists should adopt this conception of harsh treatment. |
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This paper considers the applicability of expressive theories of punishment to the punishment of corporate entities. The author argues that although arguments which suggest that the denunciatory account is superior to a communicative account in paradigmatic cases of punishment cannot be transferred straightforwardly to cover this kind of case, there are other reasons, connected with the different attitudes we have to regret and remorse in individual and collective cases, for preferring a communicative to a denunciatory account here. |
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After discussing at some length the nature of interpersonal forgiveness and its relation to punishment, the author addresses the main question of the essay: are states the sorts of entities that can forgive; and if they are, is it sometimes desirable that they forgive? The author argues that states can forgive and very often do; and that sometimes it is desirable that they do so. The essay closes by considering the complexities that arise when the state wants to forgive but (...) |
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The aim of this article is to demonstrate that the theory of changes in perspectives allows a different presentation of the problems which arise from a loss of recognition as an element of punishment, particularly in reference to others, the entire structure of the interaction is changed. Communicative conditions of moral discourses assume that every participant of the argumentation process takes place in all spheres of social life and can assume the perspective common to all other participants. The main task (...) |
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Should those who get dirty hands be punished? There is strong disagreement among even those who support the existence of such scenarios. The problem arises because the paradoxical nature of dirty hands - doing wrong to do right - renders the standard normative justifications for punishment unfit for purpose. The Consequentialist, Retributivist and Communicative approaches cannot accommodate the idea that an action can be right, all things considered, but nevertheless also a categorical wrong. This paper argues that punishment is indeed (...) |
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Critical analysis of wide variety of conceptions and justifications of retribution and punishment. Emphasis is on pivotal role of condemnation. |
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Although many of the issues surrounding innateness have received a good deal of attention lately, the basic concept of token innateness has been largely ignored. In the present paper, I try to correct this imbalance by offering an account of the innateness of token traits. I begin by explaining Stephen Stich's account of token innateness and offering a counterexample to that account. I then clarify why the contemporary biological approaches to innateness will not be able to resolve the problems that (...) |
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: After defining a hate crime as an offense in which the criminal selects the victim at least in part because of an animus toward members of the group to which the victim belongs, this essay surveys the standard justifications for state punishment en route to defending the permissibility of imposing stiffer penalties for hate crimes. It also argues that many standard instances of rape and domestic battery are hate crimes and may be punished as such. |
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After defining a hate crime as an offense in which the criminal selects the victim at least in part because of an animus toward members of the group to which the victim belongs, this essay surveys the standard justifications for state punishment en route to defending the permissibility of imposing stiffer penalties for hate crimes. It also argues that many standard instances of rape and domestic battery are hate crimes and may be punished as such. |
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As imaging technologies help us understand the structure and function of the brain, providing insight into human capabilities as basic as vision and as complex as memory, and human conditions as impairing as depression and as fraught as psychopathy, some have asked whether they can also help us understand human agency. Specifically, could neuroimaging lead us to reassess the socially significant practice of assigning and taking responsibility?While responsibility itself is not a psychological process open to investigation through neuroimaging, decision‐making is. (...) |
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(Part of a symposium on an OUP collection of Paul Russell's papers on free will and moral responsibility). Paul Russell’s The Limits of Free Will is more than the sum of its parts. Among other things, Limits offers readers a comprehensive look at Russell’s attack on the problematically idealized assumptions of the contemporary free will debate. This idealization, he argues, distorts the reality of our human predicament. Herein I pose a dilemma for Russell’s position, critical compatibilism. The dilemma illuminates the (...) |
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Some contemporary Just War theorists, like Jeff McMahan, have recently built upon an individual right of self-defense to articulate moral rules of war that are at odds with commonly accepted views. For instance, they argue that in principle combatants who fight on the unjust side ought to be liable to punishment on that basis alone. Also, they reject the conclusion that combatants fighting on both sides are morally equal. In this paper, I argue that these theorists overextend their self-defense analysis (...) |
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In distributing the costs associated with climate change, most scholars have focused exclusively upon mitigation burdens. Few consider the distribution of adaptation costs, which concern projects that seek to minimize harm from human-induced climate change. |
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Metaphysicians, ethical theorists and philosophers of law squabble endlessly about what it is for a person to act — or perhaps even to ‘will’ — more or less freely. A vital issue in this controversy is how we should analyse two obvious but surprisingly problematical contrasts. The first antithesis is between things we do because we are forced, and deeds we perform because we want to — sometimes after having discovered preponderant reasons in their favour. The other polarity is more (...) |
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Retributivist approaches to the philosophy of punishment are usually based on certain claims related to moral desert. I focus on one such principle:Censuring Principle : There is a moral reason to censure guilty wrongdoers aversively.Principles like CP are often supported by the construction of examples similar to Kant’s ‘desert island’. These are meant to show that there is a reason for state officials to punish deserving wrongdoers, even if none of the familiar goals of punishment, such as deterrence, will be (...) |
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In this article, I look at some discussions of praising children in contemporary parenting advice. In exploring what is problematic about these discussions, I turn to some philosophical work on moral praise and blame which, I argue, indicates the need for a more nuanced response to questions about the significance of praise. A further analysis of the moral aspects of praise suggests a significant dimension of the parent-child relationship that is missing from, and obscured by, the kind of parenting advice (...) |
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This paper examines moral issues concerning a firm''s use of genetic information about a prospective employee''s predisposition to contract occupational and other illnesses. It critically reviews leading social construction literature on genetic abnormality and genetic screening, and it examines the relevance of arguments from justice and meritocratic principles. It concludes that there is a strong moral presumption against genetic screening in employment. |
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In this article, I survey four key questions about willpower: How is willpower possible? Why does willpower fail? How does willpower relate to other self-regulatory processes? and What are the connections between willpower and weakness of will? Empirical research into willpower is growing rapidly and yielding some fascinating new findings. This survey emphasizes areas in which empirical progress in understanding willpower helps to advance traditional philosophical debates. |
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This paper concerns a recently discovered, puzzling asymmetry in judgments of whether an action is intentional or not (Knobe, Philosophical Psychology 16:309–324, 2003a ; Analysis 63:190–193, b ). We report new data replicating the asymmetry in the context of scenarios wherein an agent achieves an amoral or immoral goal due to luck. Participants’ justifications of their judgments of the intentionality of the agent’s action indicate that two distinct folk concepts of intentional action played a role in their judgments. When viewed (...) |
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Many theoretical claims about the folk concept of moral responsibility coming from the current literature are indeterminate because researchers do not clearly specify the folk concept of moral responsibility in question. The article pursues a cognitive approach to folk concepts that pays special attention to this indeterminacy problem. After addressing the problem, the article provides evidence on folk attributions of moral responsibility in the case a failed attempt to kill that goes against a specific claim coming from the current literature (...) |
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Retributive emotions and behavior are thought to be adaptive for their role in improving social coordination. However, since retaliation is generally not in the short-term interests of the individual, rational self-interest erodes the motivational link between retributive emotions and the accompanying adaptive behavior. I argue that two different sets of norms have emerged to reinforce this link: (1) norms about honor and (2) norms about moral responsibility and desert. I observe that the primary difference between these types of retribution motivators (...) |
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It has been suggested that a new form of moral responsibility, labeled “social products liability,” is relevant to business ethics.In particular, this kind of responsibility might justify recent legal claims against firearm manufacturers. This paper argues that, as ithas been presented, social products liability must rest upon utilitarian considerations or on a deeper, more complete theory of moralresponsibility. In the first case, a new form of responsibility seems unnecessary, since liability could be directly apportioned on utilitariangrounds. In the second case, (...) |
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Intentions have been a central subject of research since contemporary philosophy of action emerged in the middle of the twentieth century. For almost that entire period, the approach has been to treat the study of intentions as separate from the study of morality. This essay offers a brief overview of that history and then suggests some ways forward, as exemplified by the essays collected in this volume. |
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Negligence is both an important concept and an ambiguous one. Here I concentrate upon the sense of creating an unjustifiable, low-probability risk of future harm. This essay attempts to dispel theprevalent view that only a maximizing, utilitarian approach can render intelligible certain features of negligence analysis—its focus on the marginal advantages and disadvantages of the actor's taking a specific precaution, its consideration and balancing of the short-term effects of different actions, and its sensitivity to a multiplicity of factors. Perhaps certain (...) |
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Causal analyses of one’s knowing that p have recently emphasized the involvement of cognitive virtues in coming to believe that p. John Greco suggests that in order to deal with Gettier-type cases, a virtue analysis of knowing should include a requirement that one’s knowing does not in a certain way involve abnormality. Yet Greco’s emphasis on statistical abnormality either renders his analysis subject to a generality problem or to objections regarding certain Gettier-type cases. When we instead consider abnormality in the (...) |
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Justice, you might think, is the first virtue of the law. After all, we call our judges justices, the administration of law the administration of justice, and the government's legal department the Justice Department. We should reject this Priority of Justice for the Law in favor of the more moderate Priority of Justice for the Courts, the view that justice is the first virtue of the law courts. Under its comparative conception, justice is distinguishable by its concern with the relative (...) |
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This paper analyzes the following question: What do women deserve, ethically speaking, when they agree to gestate a fetus on behalf of third parties? I argue for several claims. First, I argue that gestational motherhood’s moral significance has been misunderstood, an oversight I attribute to the focus in family ethics on the conditions of parenthood. Second, I use a less controversial version of James Rachels’s account of desert to argue that gestational mothers deserve a parent-like voice as well as significant (...) |
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The use of intention in ethics has been the subject of intense debate for many years, but no consensus has emerged over whether intention is morally relevant, or even how it should be understood. In this paper I wish to make a thorough, though by no means exhaustive, examination of the concept and the concepts around it, some to be seen as near-synonyms, and some as contrasting ideas. My interest is in the ethical use of the concept, though my own (...) |
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This article presents a sketch of a theory of action. It does so by locating the relation of intention to action -vithin a general theory of Intentionality. It introduces a distinction between ptiorintentions and intentions in actions; the concept of the experience of acting; and the thesis that both prior intentions and intentions in action are causally self-referential. Each of these is independently motivated, but together they allow suggested solutions to several outstanding problems within action theory (deviant causal chains, the (...) |
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Cognitive Science is likely to make little progress in the study of human behavior until we have a clear account of what a human action is. The aim of this paper is to present a sketch of a theory of action. I will locate the relation of intention to action within a general theory of Intentionality. I will introduce a distinction between prior intentions and intentions in actions; the concept of the experience of acting; and the thesis that both prior (...) |
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In this paper, I give a Kantian answer to the question whether and why it would be inappropriate to blame people suffering from mental disorders that fall within the schizophrenia spectrum. I answer this question by reconstructing Kant’s account of mental disorder, in particular his explanation of psychotic symptoms. Kant explains these symptoms in terms of various types of cognitive impairment. I show that this explanation is plausible and discuss Kant’s claim that the unifying feature of the symptoms is the (...) |
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I will argue that a desert-based justification for treating a person in a certain way is a justification that holds this treatment to be justified simply by what the person is like and what he or she has done, independent of (1) the fact that treating the person in this way will have good effects (or that treating people like him or her in this way will have such effects); (2) the fact that this treatment is called for by some (...) |
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