Suppose that you are a doctor and that you prescribed a drug to a patient who died as a result. Suppose further that you could have known about the risks of this drug, and that you are blameworthy for your ignorance. Does the blameworthiness for your ignorance ‘transfer’ to blameworthiness for your ignorant action in this case? Many are inclined accept that such transfer can occur and that blameworthiness for ignorant conduct can be derivative or indirect in this way. In (...) this paper, we motivate a new problem for transfer proponents. Extant accounts cannot satisfactorily distinguish between agents who are blameworthy for their ignorance and their resulting ignorant conduct and agents who are blameworthy for their ignorance but not for their resulting ignorant conduct. We defend a solution that we call the ‘concern constraint’ that clearly distinguishes these cases. Our solution is distinct from the much discussed foreseeability constraint (according to which blameworthiness transfers only when the ignorant action is foreseeable), and it is less restrictive than Holly Smith's quality of will condition (according to which blameworthiness never transfers). We argue that any account of derivative or indirect blameworthiness for ignorant action should take the concern constraint on board. (shrink)

Most people (and philosophers) distinguish between performing a morally wrong action and being blameworthy for having performed that action, and believe that an individual can be fully excused for having performed a wrong action. My purpose is to reject this claim. More precisely, I defend what I call the “Dependence Claim”: A's doing X is wrong only if A is blameworthy for having done X. I consider three cases in which, according to the traditional view, a wrong action could be (...) excused: duress, mental illness, and mistake. I try to show that the reasons for excusing in either case are not relevantly distinguishable from the reasons for claiming that the prima facie wrong action is not wrong all things considered. (shrink)

How does morality allocate responsibility for what it requires? I am concerned here with one fundamental part of this question, namely, how morality determines responsibility when multiple agents are capable of contributing to or completing a moral task, and special relationships capable of generating duties with respect to the task are non-existent, insufficient as a moral response, or partly indeterminate. On one view, responsibility falls to the agents who can bear it with the least burden. I show why this is (...) initially attractive and mistaken. Instead, I defend an equity-based approach that accommodates the intuitions that both support and trouble the least-cost principle. One upshot is that sometimes we ought prefer a distribution of responsibility that is more expensive and less local than needed to complete the task. I illustrate the practical significance of the argument in terms of the human rights of refugees. (shrink)

In this paper I argue that cosmopolitanism prohibits war and requires a global approach to criminal justice. My argument proceeds by drawing out some implications of the core cosmopolitan intuition that every human being has a moral status which constrains how they may be treated. In the first part of this paper, I describe cosmopolitanism. In the second part, Cosmopolitanism and War, I analyse violence, consider the standards cosmopolitanism sets for its justification, and argue that war fails to meet them. (...) In the third part, Cosmopolitanism and Criminal Justice, I argue that cosmopolitanism implies a moral obligation to deal justly with human wrongdoing wherever it occurs. Cosmopolitan pacifism follows: war is prohibited, and a consistent global criminal justice system is required. In the fourth part, Why No Cosmopolitan Pacifists?, I consider why cosmopolitans tend not to identify as pacifists, and in the final part, Objections, I discuss some objections. (shrink)

The professional and institutional responsibility for handling genetic knowledge is well discussed; less attention has been paid to how lay people and particularly people who are affected by genetic diseases perceive and frame such responsibilities. In this exploratory study we qualitatively examine the attitudes of lay people, patients and relatives of patients in Germany and Israel towards genetic testing. These attitudes are further examined in the national context of Germany and Israel, which represent opposite regulatory approaches and bioethical debates concerning (...) genetic testing. Three major themes of responsibility emerged from the inter-group and cross-cultural comparison: self-responsibility, responsibility for kin, and responsibility of society towards its members. National contrast was apparent in the moral reasoning of lay respondents concerning, for example, the right not to know versus the duty to know (self-responsibility) and the moral conflict concerning informing kin versus the moral duty to inform (responsibility for kin). Attitudes of respondents affected by genetic diseases were, however, rather similar in both countries. We conclude by discussing how moral discourses of responsibility are embedded within cultural (national, religious) as well as phenomenological (being affected) narratives, and the role of public engagement in bioethical discourse. (shrink)

Over the past generation, forgiveness has entered the political sphere in countries all over the globe that are addressing the past injustices of war, dictatorship, genocide, and the maltreatment of native peoples. Among the international community, however, the practice is controversial, criticized as unjust for burdening victims and foregoing deserved punishment. This essay argues that forgiveness is not contrary to justice but rather reflective of it if justice means restoration of right relationship, a concept embedded in the scriptures and traditions (...) of Judaism, Christianity, and Islam. Conceived of in this way, forgiveness can avoid the potential injustices with which it is charged and contribute positively to the reconstruction of political orders. (shrink)

Through the criminal justice system so-called dangerous offenders are, besides the offence that they are being convicted of and sentenced to, also punished for acts that they have not done but that they are believe to be likely to commit in the future. The aim of this paper is to critically discuss whether some adherents of retributivism give a plausible rationale for punishing offenders more harshly if they, all else being equal, by means of predictions are believed to be more (...) dangerous than other offenders. While consequentialism has no problem, at least in principle, with this use of predictions most retributivists have been opponents of punishing offenders on the basis of predictions. How can an offender deserve to be punished for something that he has not done? But some retributivists like Anthony Duff and Stephen Morse have argued in favor of punishing offenders who are considered to be dangerous in the future more harshly than non-dangerous offenders. After having reconstructed their arguments in detail, it will be argued that both Duff’s and Morse’s attempts to give a retributivistic justification have several shortcomings. (shrink)

This paper features Derk Pereboom’s replies to commentaries by Victor Tadros and Saul Smilansky on his non-retributive, incapacitation-focused proposal for treatment of dangerous criminals; by Michael McKenna on his manipulation argument against compatibilism about basic desert and causal determination; and by Alfred R. Mele on his disappearing agent argument against event-causal libertarianism.

In our thinking about what to do, we consider reasons which count for or against various courses of action. That having a glass of wine with dinner would be pleasant and make me sociable recommends the wine. That it will disturb my sleep and inhibit this evening’s work counts against it. I determine what I ought to do by weighing these considerations and deciding what would be best all things considered. A practical reason makes sense of a course of action (...) by recommending it, by highlighting some good or desirable feature of it which could move a reasonable agent to perform it. When thinking about what to do, we also attend to our obligations. Perhaps I have promised to remain clearheaded this evening. Given this I am obliged not to drink. How should this consideration affect my deliberations? According to Davidson, the fact that an action would be a breach of a promise ‘is a count against the action, to be weighed along with other reasons for the action’ (Davidson 2004: 177). This suggests that obligations are a sub-set of our reasons, they are one input into the process of determining what action would be reasonable or justified all things considered. One can see why Davidson might say this. After all, having carefully considered the matter, I may decide not to keep my promise. Furthermore this may be the right thing to do, the most reasonable course of action available to me in the light of all the relevant factors. Nevertheless this description seems to miss something important about a promise. The fact that I promised not to drink does not merely recommend not drinking as does the prospect of a restless night; it places a demand on me. Drinking would not be just inadvisable; it would now be a wrong. And even if such a wrong might on the whole be justified, even if committing this wrong is the right thing to do, in drinking I refuse a demand, I don’t just reject a recommendation. It is widely held that a promise provides you with a moral reason to fulfill it, whereas the fact that drinking would make you lose sleep does not, typically, constitute such a reason.. (shrink)

This essay warns of eroding accountability in computerized societies. It argues that assumptions about computing and features of situations in which computers are produced create barriers to accountability. Drawing on philosophical analyses of moral blame and responsibility, four barriers are identified: 1) the problem of many hands, 2) the problem of bugs, 3) blaming the computer, and 4) software ownership without liability. The paper concludes with ideas on how to reverse this trend.

This article takes the 2008–2010 financial crisis as a case study to explore the tension between responsibility and accountability in complex crises. I analyze the patterns of attribution and assumption of responsibility of thirty-three bankers in Wall Street, interviewed from fall 2008 to summer 2010. First, I show that responsibility for complex failures cannot be easily attributed or assumed: responsibility becomes diluted within the collective. Actors can only assume collective responsibility, recognizing that they belong to an institution at fault. Second, (...) I show that blaming is a social process that should be examined contextually, relationally, and dynamically. I build on sociological theories to depart from the normative focus of philosophers, and the cognitive focus of psychologists, who have dominated the study of responsibility so far. (shrink)

Responsibility, blameworthiness in particular, has been characterized in a number of ways in a literature in which participants appear to be talking about the same thing much of the time. More specifically, blameworthiness has been characterized in terms of what sorts of responses are fair, appropriate, and deserved in a basic way, where the responses in question range over blame, sanctions, alterations to interpersonal relationships, and the reactive attitudes, such as resentment and indignation. In this paper, I explore the relationships (...) between three particular theses: (i) the claim that one is blameworthy to the extent that it is fair to impose sanctions, (ii) the claim that one is blameworthy to the extent that one deserves sanctions, and (iii) the claim that one is blameworthy to the extent that it is appropriate to respond with reactive attitudes. Appealing to the way in which luck in the outcome of an action can justifiably affect the degree of sanctions received, I argue that (i) is false and that fairness and desert come apart. I then argue that the relationship between the reactive attitudes and sanction is not as straightforward as has sometimes been assumed, but that (ii) and (iii) might both be true and closely linked. I conclude by exploring various claims about desert, including ones that link it to the intrinsic goodness of receiving what is deserved and to the permissibility or rightness of inflicting suffering. (shrink)

When any man, even in political society, renders himself by his crimes obnoxious to the public, he is punished by the laws in his goods and person; that is, the ordinary rules of justice are, with regard to him, suspended for a moment, and it becomes equitable to inflict on him, for the benefit of society, what otherwise he could not suffer without wrong or injury?

Abstract:In 2003, CEOs of the 365 largest U.S. corporations were paid on average $8 million, 301 times as much as factory workers. This paper asks whether CEOs get paid too much. Appealing to widely recognized moral values, I distinguish three views of justice in wages: the agreement view, the desert view, and the utility view. I argue that, no matter which view is correct, CEOs get paid too much. I conclude by offering two ways CEO pay might be reduced.

Desert plays a central role in most contemporary theories of retributive justice, but little or no role in most contemporary theories of distributive justice. This asymmetric treatment of desert is prima facie strange. I consider several popular arguments against the use of desert in distributive justice, and argue that none of them can be used to justify the asymmetry.

September 11, 2001 brought to legal awareness an issue that has long puzzled metaphysicians. The general issue is that of event-identity, drawing the boundaries of events so that we can tell when there is one event and when there are two. The September 11th version of that issue is: how many occurrences of insured events were there on September 11, 2001 in New York? Was the collapse of the two World Trade Center Towers one event, despite the two separate airliners (...) crashing into each tower? Or were these two separate insured events? (shrink)

I explore the question of when an agent is derivatively, rather than directly, culpable for an undesirable outcome. The undesirable outcome might be a harmful incompetent or unwitting act, or it might be a harmful event. By examining various cases, I develop a sophisticated account of indirect culpability that is neutral about controversies regarding normative ethical issues and the condition on direct culpability.

I argue that a theory of distributive justice is sensitive to desert if and only if it does not require an institutional scheme that prevents individuals from treating one another as they deserve, and requires a desert ethos. A desert ethos is a set of principles that, though not embodied in a society’s basic coercive structure, nevertheless governs interpersonal relations between citizens. These two necessary conditions are jointly sufficient for ‘giving desert its due’ in a theory of justice. I therefore (...) reject the received view that a desert-sensitive theory must endeavor to guarantee distributions patterned according to desert. (shrink)

A familiar claim in the free will debate is that the freedom in dispute between compatibilists and incompatibilists is limited to the type required for an agent to deserve blame for moral wrongdoing, and to deserve it in a sense that is basic. In this paper, I seek a rationale for this claim, offer an explanation of basic desert, and then argue that the free will debate can persist even when divorced from basic desert.

How should we understand basic desert as a justification for blaming? Many philosophers account for free will by reference to the sort of moral responsibility that involves a blameworthy person deserving blame in a basic sense of desert; free will just is the control condition for this sort of moral responsibility. But what precisely does basic desert come to, and what is it about blame that makes it the thing that a blameworthy person deserves? As it turns out, there are (...) challenges in attempting to understand basic desert for blame. One concerns whether the only good in harming a person by blaming her is instrumental. If so, there may be reason to reject desert-based conceptions of blame. In this paper, I will develop an account of basically deserved blame. In doing so, I will also defend the controversial thesis that the harm involved in blaming can be good in a way that is not merely instrumental. (shrink)

This paper investigates a series of normative principles that are used to justify different aspects of executive compensation within business firms, as well as the remuneration of lower-ranking employees. We look at how businesses perform pay benchmarking; employees’ engagement, fidelity and loyalty ; and the acceptability of what we call both-ends-dipping, that is, receiving both ex ante and ex post benefits for the same work. We make two observations. First, either different or incoherent principles are used to justify the pay (...) of executives compared to employees, or the same principles are applied differently. Second, these differences or inconsistencies tend to be to the benefit of executives and/or to the detriment of employees. We conclude by asking whether there is any reason for thinking differently about executive pay than we do about employee pay. Our analysis leads us to question the principles justifying current executive compensation and to wonder if these principles are potentially being instrumentalized to serve other ends. (shrink)

This paper investigates a series of normative principles that are used to justify different aspects of executive compensation within business firms, as well as the remuneration of lower-ranking employees. We look at how businesses perform pay benchmarking; employees’ engagement, fidelity and loyalty ; and the acceptability of what we call both-ends-dipping, that is, receiving both ex ante and ex post benefits for the same work. We make two observations. First, either different or incoherent principles are used to justify the pay (...) of executives compared to employees, or the same principles are applied differently. Second, these differences or inconsistencies tend to be to the benefit of executives and/or to the detriment of employees. We conclude by asking whether there is any reason for thinking differently about executive pay than we do about employee pay. Our analysis leads us to question the principles justifying current executive compensation and to wonder if these principles are potentially being instrumentalized to serve other ends. (shrink)

This paper gives an account of proxy agency in the context of collective action. It takes the case of a group announcing something by way of a spokesperson as an illustration. In proxy agency, it seems that one person or subgroup's doing something counts as or constitutes or is recognized as (tantamount to) another person or group's doing something. Proxy agency is pervasive in institutional action. It has been taken to be a straightforward counterexample to an appealing deflationary view of (...) collective action as a matter of all members of a group making a contribution to bringing about some event. I show that this is a mistake. I give a deflationary account of constitutive rules in terms of essentially collective action types. I then give an account of one form of constitutive agency in terms of constitutive rules. I next give an account of status functions—of which being a spokesperson is one—that also draws on the concept of a constitutive rule. I then show how these materials help us to see how proxy agency is an expression of the agency of all members of the group credited with doing something when the proxy acts. (shrink)

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)

This paper explicates a conception of injury as right-violation, which allows us to distinguish between setbacks to interests that should, and should not, be the concern of theories of justice. It begins by introducing a hybrid theory of rights, grounded in (a) the mobilisation of our moral equality to (b) protect our most important interests, and shows how violations of rights are the concern of justice, while setbacks where one of the twin grounds of rights is defeated are not. It (...) then looks more closely at the substantive moral components of injury, namely harm—damage to one’s interests—and wrong—disrespect for one’s moral equality. It argues that, on the hybrid conception of rights, harm and wrong are individually necessary and jointly sufficient components of injury, and the disvalue of neither is reducible to the other—in particular, it is a mistake to construe the disrespect identified by wrong as another damaged interest. Finally, it distinguishes between the public and private dimensions of harm and wrong, and makes some preliminary suggestions as to whether the remedy for these different dimensions should lie in criminal, distributive, or corrective justice. (shrink)

In this paper, I ask how – and whether – the rectification of injury at which corrective justice aims is possible, and by whom it must be performed. I split the injury up into components of harm and wrong, and consider their rectification separately. First, I show that pecuniary compensation for the harm is practically plausible, because money acts as a mediator between the damaged interest and other interests. I then argue that this is also a morally plausible approach, because (...) it does not claim too much for compensation: neither can all harms be compensated, nor can it be said when compensation is paid that the status quo ante has been restored. I argue that there is no conceptual reason for any particular agent paying this compensation. I then turn to the wrong, and reject three proposed methods of rectification. The first aims to rectify the wrong by rectifying the harm; the second deploys punitive damages; the third, punishment. After undermining each proposal, I argue that the wrong can only be rectified by a full apology, which I disaggregate into the admission of causal and moral responsibility, repudiation of the act, reform, and, in some cases, disgorgement and reparations, which I define as a good faith effort to share the burden of the victim’s harm. I argue, further, that only the injurer herself can make a full apology, and it is not something that can be coerced by other members of society. As such, whether rectification of the wrong can be a matter of corrective justice is left an open question. (shrink)

In this article, I argue that Hegel's complete and mature view of crime and punishment is more robust than many interpretations of the Unrecht passage in the ‘Abstract Right’ section of Hegel's Elements of the Philosophy of Right suggest. First, I explain the value of revisiting the interpretation of Hegel as a simple retributionist in the contemporary debate. Then, I look at Hegel's treatment of crime and punishment in the section on abstract right to show the role of punishment in (...) Hegel's account. Next, I argue that this needs to be situated in Hegel's broader social philosophy and that we can accomplish this by looking at how the Unrecht passage fits in the Elements of the Philosophy of Right’s dialectical structure. I do so by building on the sections on civil society and state in the part of Elements of the Philosophy of Right dealing with ethical life (Sittlichkeit), which include considerations of prevention and rehabilitation. I contend that this analysis reveals an account of punishment as more complicated than simple retribution. (shrink)

There are two broadly competing pictures of moral responsibility. On the view I favor, to be responsible for some action is to be related to it in such a way that licenses attributing certain properties to the agent, properties like blameworthiness and praiseworthiness. Responsibility is attributability. A different view understands being responsible in terms of our practices of holding each other responsible. Responsibility is accountability, which “involves a social setting in which we demand (require) certain conduct from one another and (...) respond adversely to one another’s failures to comply with these demands” (Watson, Philos Top 24:227–248, 1996). My concern here is the relation between moral responsibility and desert. Plausibly, if someone is morally responsible for something wrong then they deserve blame, and it is on the basis of them being morally responsible and its being wrong that they deserve blame. In this paper, I try to make progress toward understanding why it would follow that being morally responsible for something supports a desert claim. I propose to do this by exploring how the “two faces” of responsibility should proceed. An important upshot is that we gain a new currency by which to evaluate extant theories of responsibility that might favor one or the other conception: do they carry plausible desert commitments? To illustrate this benefit, I argue that accountability theory carries implausible implications for deserved praise. (shrink)

Many of those working on moral responsibility assume that "once blameworthy, always blameworthy." They believe that blameworthiness is like diamonds: it is forever. We argue that blameworthiness is not forever; rather, it can diminish through time. We begin by showing that the view that blameworthiness is forever is best understood as the claim that personal identity is sufficient for diachronic blameworthiness. We argue that this view should be rejected because it entails that blameworthiness for past action is completely divorced from (...) the distinctive psychological features of the person at the later time. This is because on none of the leading accounts of personal identity does identity require the preservation of any distinctive psychological features, but merely requires some form of continuity. The claim that blameworthiness is forever should therefore be rejected. We then sketch an account of blameworthiness over time, and consider two objections. (shrink)

In many recent discussions of the morality of actions where both good and bad consequences foreseeably ensue, the moral significance of the distinction between intended and foreseen consequences is rejected. This distinction is thought to bear on the moral status of actions by those who support the Doctrine of Double Effect. According to this doctrine, roughly speaking, to perform an action intending to bring about a particular bad effect as a means to some commensurate good end is impermissible, while performing (...) an action where one intends only this good end and merely foresees the bad as an unintended sideeffect may be permissible. Consequentialists argue that this is a distinction which makes no moral difference to the evaluation of the initial act in the two cases, given that the overall consequences are the same in each case. In this paper we aim to show that a standard consequentialist line of argument against the moral relevance of the intention/foresight distinction fails. Consequentialists commonly reject the moral relevance of this distinction on the grounds that there is no asymmetry in moral responsibility between intending and foreseeing evil. We argue that even if this claim about moral responsibility is correct, it does not entail, as many Consequentialists believe, that there is no moral asymmetry between acts of intended and foreseen evil. We go on to argue that those consequentialists who do concede the moral relevance of the intention/foresight distinction at the level of agent evaluations cannot consistently make such a concession, and that such a position is in any case untenable, because it entails a complete severance of important conceptual connections between act and agent evaluations. (shrink)

Moral responsibility is one of the core concepts in engineering ethics and consequently in most engineering ethics education. Yet, despite a growing awareness that engineers should be trained to become more sensitive to cultural differences, most engineering ethics education is still based on Western approaches. In this article, we discuss the notion of responsibility in Confucianism and explore what a Confucian perspective could add to the existing engineering ethics literature. To do so, we analyse the Citicorp case, a widely discussed (...) case in the existing engineering ethics literature, from a Confucian perspective. Our comparison suggests the following. When compared to virtue ethics based on Aristotle, Confucianism focuses primarily on ethical virtues; there is no explicit reference to intellectual virtues. An important difference between Confucianism and most western approaches is that Confucianism does not define clear boundaries of where a person’s responsibility end. It also suggests that the gap between Western and at least one Eastern approach, namely Confucianism, can be bridged. Although there are differences, the Confucian view and a virtue-based Western view on moral responsibility have much in common, which allows for a promising base for culturally inclusive ethics education for engineers. (shrink)

Jeff McMahan famously defends a moral inequality of combatants, where liability to be attacked and potentially killed in war, should be grounded in the individual combatant’s moral responsibility for posing an unjust threat. In a response, Seth Lazar shows that McMahan’s criterion for liability leads to an unacceptable dilemma between “contingent pacifism” and “total war”, i.e. between war being practically infeasible, or implausibly many civilians being legitimate targets. The problem is that McMahan grounds liability mainly in the individual’s causal responsibility (...) for posing an unjust threat, but where a large proportion of combatants and civilians are approximately equally causally responsible. Recently, Saba Bazargan has come to the aid of McMahan by injecting an alternative supplementary criterion for liability, namely the individual’s complicity in a group act. This criterion is supposed to uphold the noted moral inequality, while avoiding the responsibility dilemma, by grounding moral incrimination in the individual’s participatory intention, instead of her causal contribution. I argue that the complicity account fails to resolve the dilemma. It fails because complicity grounded in a causally inert participatory intention is insufficient for liability. Further, I show why this reveals a deeper problem with the complicity account itself, namely that though it purports to ground incrimination non-causally, it fails to do so to any serious extent. (shrink)

A number of philosophers and legal scholars have pointed out a fact about punishment that had not been sufficiently appreciated by many traditional accounts, utilitarian, retributive, or ‘mixed’: that evil inflicted on the person punished is not an evil simpliciter , but rather the expression of an important social message—that punishment is a kind of language. The message which it is seen to communicate can broadly be described as condemnation by society of the crime committed. In what is still the (...) only attempt at a general and critical discussion— Anthony Skillen's ‘How to say Things with Walls’—this way of understanding punishment is termed ‘expressionism’. In this paper I propose to sort out the main varieties of expressionism in the philosophy of punishment, and to discuss some of their pros and cons. (shrink)

:This essay undertakes two tasks: first, to describe the differing mens rea requirements for accomplice liability of both Anglo-American common law and the American Law Institute's Model Penal Code; and second, to recommend how the mens rea requirements of both of these two sources of criminal law in America should be amended so as to satisfy the goals of clarity and consistency and so as to more closely conform the criminal law to the requirements of moral blameworthiness. Three "pure models" (...) of the mens rea requirements for complicity are distinguished, based on the three theories of liability conventionally distinguished in the general part of Anglo-American criminal law. One of these, the vicarious responsibility model, is put aside initially because of both its descriptive inaccuracy and its normative undesirability. The analysis proceeds using the other two models: that of the mens rea requirements for principal liability for completed crimes, and that of the mens rea requirements for attempt liability. Both the common law and the Model Penal Code are seen as complicated admixtures of these two models, the common law being too narrow in the scope of its threatened liability and the Model Penal Code being both too broad and too opaque in its demands for accomplice liability. The normative recommendation of the paper is to adopt the model for the mens rea of complicity that treats it as a form of principal liability, recognizing that the overbreadth of liability resulting from adoption of that model would have to be redressed by adopting a "shopkeeper's privilege" as an affirmative defense separate from any mens rea requirement. View HTML Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.UNTYING THE GORDIAN KNOT OF MENS REA REQUIREMENTS FOR ACCOMPLICESVolume 32, Issue 2Heidi M. Hurd and Michael S. Moore DOI: https://doi.org/10.1017/S0265052516000157Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. UNTYING THE GORDIAN KNOT OF MENS REA REQUIREMENTS FOR ACCOMPLICESVolume 32, Issue 2Heidi M. Hurd and Michael S. Moore DOI: https://doi.org/10.1017/S0265052516000157Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. UNTYING THE GORDIAN KNOT OF MENS REA REQUIREMENTS FOR ACCOMPLICESVolume 32, Issue 2Heidi M. Hurd and Michael S. Moore DOI: https://doi.org/10.1017/S0265052516000157Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation Request permission. (shrink)

The normative notion of fittingness figures saliently in the work of a number of ethical theorists writing in the late nineteenth and mid-twentieth centuries and has in recent years regained prominence, occupying an important place in the theoretical tool kits of a range of contemporary writers. Yet the notion remains strikingly undertheorized. This article offers a (partial) remedy. I proceed by canvassing a number of attempts to analyze the fittingness relation in other terms, arguing that none is fully adequate. In (...) explaining why various analyses of fittingness fail, I draw into relief certain of the relation’s constitutive features and spotlight some of its interesting and important connections to various other properties. Along the way, I highlight the relation’s relevance to a number of ongoing debates in normative and metanormative philosophy. I conclude by indicating some directions for further research. (shrink)

Many philosophers claim that it is always intrinsically good when people get what they deserve and that there is always at least some reason to give people what they deserve. I highlight problems with this view and defend an alternative. I have two aims. First, I want to expose a gap in certain desert-based justifications of punishment. Second, I want to show that those of us who have intuitions at odds with these justifications have an alternative account of desert at (...) our disposal – one that may lend our intuitions more credibility. (shrink)

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

This paper highlights and discusses some key positions on free will and moral responsibility that I have defended. I begin with reflections on a Strawsonian analysis of moral responsibility. Then I take up objections to the view that there is an asymmetry in freedom requirements for moral responsibility and moral obligation: obligation but not responsibility requires that we could have done otherwise. I follow with some thoughts on the viability of different sorts of semi-compatibilism. Next, I turn to defending the (...) “luck objection“ to a popular libertarian account of the control that responsibility requires. This is, roughly, the objection that when our decisions are indeterministically caused, their occurrence is a matter of responsibility-undermining luck. Finally, I comment on Frankfurt examples. (shrink)

I argue that, each of the following, appropriately clarified to yield a noteworthy thesis, is true. Moral obligation can affect moral responsibility. Obligation succumbs to changes in responsibility. Obligation is immune from changes in responsibility.

(2013). Conversation and responsibility. Canadian Journal of Philosophy: Vol. 43, No. 2, pp. 267-286.

Basic desert is central to the dispute between compatibilists and incompatibilists over the four-case manipulation argument. I argue that there are two distinct ways of understanding the desert salient to moral responsibility; moral desert can be understood as a claim about fitting responses to an agent or as a claim about the merit of the agent. Failing to recognize this distinction has contributed to a stalemate between both sides. I suggest that recognizing these distinct approaches to moral desert will help (...) clarify a central source of disagreement between compatibilists and incompatibilists and assist both sides in resolving the current stalemate. (shrink)