It is argued here that the question of whether compatibilism is true is irrelevant to metaphysical questions about the nature of human decision‐making processes—for example, the question of whether or not humans have free will—except in a very trivial and metaphysically uninteresting way. In addition, it is argued that two other questions—namely, the conceptual‐analysis question of what free will is and the question that asks which kinds of freedom are required for moral responsibility—are also essentially irrelevant to metaphysical questions about (...) the nature of human beings. (shrink)

Some incompatibilists about free will or moral responsibility and determinism would abandon their incompatibilism were they to learn that determinism is true. But is it reasonable to flip-flop in this way? In this article, we contend that it is and show what follows. The result is both a defense of a particular incompatibilist strategy and a general framework for assessing other cases of flip-flopping.

There is a new objection to the Consequence Argument for incompatibilism. I argue that the objection is more wide-ranging than originally thought. In particular: if it tells against the Consequence Argument, it tells against other arguments for incompatibilism too. I survey a few ways of dealing with this objection and show the costs of each. I then present an argument for incompatibilism that is immune to the objection and that enjoys other advantages.

We develop a new puzzle concerning a material being's relationship to the smallest parts of the material world. In particular, we investigate how a being could be responsible for anything if its be...

If causalism is a complete theory of what it is to behave intentionally, it also has to account for intentional omissions. Carolina Sartorio, 513–530, 2009) has developed a powerful argument, the Causal Exclusion for Omissions, showing that intentional omissions cannot be explained by causalism. A crucial claim in the argument is that there is a causal competition between a mental omission and the mental action performed instead. In this paper I reject the argument by demonstrating that there is no causal (...) competition ever between an omission and the action performed instead. I propose what I call the Realisationist Conception of Omissions, which consists in considering omissions as multiply realisable absences whose realisers are specific positive actions. I further argue in favour of the Determinationist Conception of Omissions, according to which the relation between omissions and their realisers is a determinable/determinate relation. Since there can be no causal preemption between a determinable and its determinates, there can be no causal preemption between omissions and the actions performed instead, and causalism is safe. I also show that this view of omissions has some other independent advantages – like for example that of solving the problem of the spatio-temporal localisation of omissions. (shrink)

This article examines how employees form their perceptions of managerial responsibility in a concrete organizational setting. Drawing on negotiated order theory, it shows that these perceptions are the result of complex processes of social construction and negotiation, rather than the application of predetermined ethics models or norms. Employees’ perceptions appear to be unstable; they are subject to constant alterations, fluctuating with the organizational circumstances, and are likely to create considerable organizational perturbations, especially when managers make complex and ambiguous decisions. This (...) process is illustrated through an ethnographic study that analyzed the evolution of employee perceptions during a three-year crisis—one that led managers to repeatedly postpone salary payments to save jobs. The process approach adopted by the study highlights important dynamics that traditional business ethics approaches overlook, such as the fragility of the construct of managerial responsibility, which cannot be coherent unless it is constantly renegotiated among an organization’s various employee groups. (shrink)

Works of art can be difficult in several ways. One important way is by making us face up to unsettling truths. Such works typically receive praise. I maintain, however, that sometimes they deserve moral censure. The crux of my argument is that, just as we have a right to know the truth in certain contexts, so too we have a right not to know it. Provided our ignorance does not harm or seriously endanger others, the decision about whether to know (...) the truth ought to be left to us. Within this limit, therefore, difficult art is morally problematic if it intentionally targets those who have chosen not to know. To illustrate the problem, I discuss the literary writings of Søren Kierkegaard, which aim to deceive readers into seeing unpleasant truths about themselves that they seek to ignore. (shrink)

This article serves as an introduction to the collection of papers in this monographic issue on "What the European tradition can teach about Corporate Social Responsibility" and presents the rationale and the main hypotheses of the project. We maintain that corporate social responsibility (CSR) is an ethical concept, that the demands for socially responsible actions have been around since before the Industrial Revolution and that companies have responded to them, especially in Europe, and that the content of CSR has evolved (...) over time, depending on historical, cultural, political, and socio-economic drivers and particular conditions in different countries and also at different points in time. Therefore, there is not — and probably cannot be — a unique, precise definition of CSR: one global standard for CSR is unlikely. (shrink)

In our day-to-day lives, we form responsibility judgements about one another – but we are imperfect beings, and our judgments can be mistaken. This paper suggests that we get things wrong not merely by chance, but predictably and systematically. In particular, these miscues are common when we are dealing with large gaps in social status and power. That is, when we form judgements about those who are much more or less socially powerful than ourselves, it is increasingly likely that “epistemic (...) distorters” will reliably disrupt our reasoning. In response to this situation, I argue for the introduction of a new norm concerning blame and social status: “Powerful Restraint.” This norm suggests that the socially powerful ought to blame the socially dispossessed less frequently, and that social pressure be applied to achieve that compliance. I argue that such a norm is justified given the pernicious down-stream moral effects of the up-stream epistemic distortion I describe. I defend it against objections that it suggests a normative solution to an epistemic problem, that it is paternalistic, and that it involves a kind of disrespect to the less socially powerful. (shrink)

Compared with children, adults are widely assumed to possess more mature moral understanding thus justifying deference to their moral authority and testimony. This paper examines philosophical discussions regarding this child-adult moral relation and its implications for moral education, particularly accounts suggesting that the moral status of children constitute grounds for treating them paternalistically. I contend that descriptions and justifications of this paternalistic attitude towards children are either unacceptably crude or mistaken. While certain instances justify paternalistic treatment towards children, in the (...) context of moral education the paternalistic attitude is largely irrelevant and even counterproductive. I make a case that children can readily meet minimal standards for moral understanding and engagement. Even when children have no final say, there is still a significant normative difference between deferring paternalistically to the adult's moral testimony and interacting with the child in moral conversation. These considered, I defend a social-contextualist account of moral education that incorporates a participatory (over a paternalistic) pedagogical attitude. Further, instead of portraying moral education in terms of stages (as argued by Kohlberg), moral education should be characterized more as a gradual appreciation of and sensitivity to normative demands that apply in various shared contexts and spheres of human concern. (shrink)

This article examines the nonhistoricist higher-order compatibilist theory of moral responsibility devised and defended by Harry G. Frankfurt. Intuitions about certain kinds of cases of moral responsibility cast significant doubt on the wide irrelevancy clause of the nonhistoricist feature of Frankfurt’s theory. It will be argued that, while the questions of the nature and ascription of moral responsibility must be separated in doing moral responsibility theory, the questions of whether or not and the extent to which an agent is morally (...) responsible for performing certain kinds of actions cannot be settled without also answering the question of the history of that agent’s attitudes, preferences, etc. which may have contributed to the agent’s performing such actions. Thus Frankfurt’s repeated claim that the history of an agent’s action is “irrelevant” to the question of that agent’s moral responsibility for it is rendered dubious, thereby rendering problematic the strongly nonhistoricist component of his theory. The methodological difference between my challenge to Frankfurt’s nonhistoricism and those of others is that, while others have challenged Frankfurt’s nonhistoriciams by way of thought experiments involving hyper-manipulation, mine presents a set of counter-examples to his nonhistoricism which emanate from morality and the law. Indeed, if my counter-example is plausible, then Frankfurt’s nonhistoricism cannot make good sense of some standard instances of racism. Furthermore, while many believe that racist hate crimes ought to be punished more heavily than crimes committed absent hate, the argument herein provides reasons for mitigating, rather than increasing, the responsibility and punishments of many such crimes. What matters in such cases is the extent to which the hatred accompanying said crimes has a history in the agent’s life, one which makes it significantly difficult for her to do other than what she did in committing the racist crime. (shrink)

What does it take for an individual to be personally responsible for behaviors that lead to increased risk of disease? We examine three approaches to responsibility that cover the most important aspects of the discussion of responsibility and spell out what it takes, according to each of them, to be responsible for behaviors leading to increased risk of disease. We show that only what we call the causal approach can adequately accommodate widely shared intuitions to the effect that certain causal (...) influences—such as genetic make-up or certain social circumstances—diminish, or undermine personal responsibility. However, accepting the causal approach most likely makes personal responsibility impossible. We therefore need either to reject these widely shared intuitions about what counts as responsibility-softening or undermining or to accept that personal responsibility for behaviors leading to increased risk of disease rests on premises so shaky that personal responsibility is probably impossible. (shrink)

When Thomas Nagel originally coined the expression “moral luck,” he used the term “luck” to mean lack of control. This use was a matter of stipulation, as Nagel’s target had little to do with luck itself, but the question of how control is related to moral responsibility. Since then, we have seen several analyses of the concept of luck itself, and recent contributors to the moral luck literature have often assumed that any serious contribution to the moral luck debate must (...) begin with a robust concept of luck simpliciter. I argue here that this assumption is a mistake, on the basis of three reasons: the issue was originally conceived as an issue about responsibility and control, analyses of luck tend to distort and needlessly to complicate what is at issue when shoehorned into the moral luck debate, and these analyses have very little (if anything) to contribute to the discussion. (shrink)

In recent literature, there has been much debate about whether and how luck egalitarianism, given its focus on personal responsibility, can justify universal health care. In this paper we argue that, whether or not this is so, and in fact whether or not egalitarianism should be sensitive to responsibility at all, the question of personal responsibilization for health is not settled. This is the case because whether or not individuals are responsible for their own health condition is not all that (...) is relevant when considering whether we should somehow hold them responsible for their own health condition, e.g. cost-wise. There may also be efficiency-based reasons to hold them responsible, and there may even be egalitarian reasons. Defining universal health care as an insurance system where everyone’s deductible and premium is 0, we will argue that efficiency-based reasons for cost-responsibilization are not convincing, but that there are egalitarian reasons for cost-responsibilization. Luck egalitarianism, therefore, cannot, at least not on its own term, justify universal health care. (shrink)

It has been argued - most prominently in Harry Frankfurt's recent work - that the normative authority of personal commitments derives not from their intrinsic worth but from the way in which one's will is invested in what one cares about. In this essay, I argue that even if this approach is construed broadly and supplemented in various ways, its intrasubjective character leaves it ill-prepared to explain the normative grip of commitments in cases of purported self-betrayal. As an alternative, I (...) sketch a view that focuses on intersubjective constraints of intelligibility built into social practices and on the pragmatics of how those norms are contested in an ongoing fashion. (shrink)

Due to the alarming rise of antibiotic resistance, medically unwarranted use of antibiotics has assumed new moral significance. In this paper, a thematic content analysis of focus group discussions was conducted to explore lay people’s views on the moral challenges posed by antibiotic resistance. The most important finding is that lay people are morally sensitive to the problems entailed by antibiotic resistance. Participants saw the decreasing availability of effective antibiotics as a problem of justice. This involves individual as well as (...) collective moral responsibility. Yet, holding agents responsible for their use of antibiotics involves varying degrees of demandingness. In our discussion, these findings are related to the contemporary ethical debate on antibiotic resistance and two proposals for the preservation of antibiotic effectiveness are compared to and evaluated against participants’ views. (shrink)

In 1969 Harry Frankfurt published his hugely influential paper 'Alternate Possibilities and Moral Responsibility' in which he claimed to present a counterexample to the so-called 'Principle of Alternate Possibilities' ('a person is morally responsible for what he has done only if he could have done otherwise'). The success of Frankfurt-style cases as counterexamples to the Principle has been much debated since. I present an objection to these cases that, in questioning their conceptual cogency, undercuts many of those debates. Such cases (...) all require a counterfactual mechanism that could cause an agent to perform an action that he cannot avoid performing. I argue that, given our concept of what it is for someone to act, this requirement is inconsistent. Frankfurt-style alleged counterexamples are cases where an agent is morally responsible for an action he performs even though, the claim goes, he could not have avoided performing that action. However, it has recently been argued, e.g. by John Fischer, that a counterexample to the Principle could be a 'Fischer-style case', i.e. a case where the agent can either perform the action or do nothing else. I argue that, although Fischer-style cases do not share the conceptual flaw common to all Frankfurt-style cases, they also fail as counterexamples to the Principle. The paper finishes with a brief discussion of the significance of the Principle of Alternate Possibilities. (shrink)

John Fischer has recently argued that the value of acting freely is the value of self-expression. Drawing on David Velleman’s earlier work, Fischer holds that the value of a life is a narrative value and free will is valuable insofar as it allows us to shape the narrative structure of our lives. This account rests on Fischer’s distinction between regulative control and guidance control. While we lack the former kind of control, on Fischer’s view, the latter is all that is (...) needed for self-expression. I first develop Fischer’s narrative account, focusing on his reliance on temporal loops as giving us control over the value of our lives. Second, I argue that the narrative account grants us greater power over the past than Fischer would allow: since narrative allows not only for changes in how we feel about episodes in our past but what those episodes in fact were, it allows for a kind of retroactive self-constitution. Finally, I suggest that this modification of the narrative view opens the possibility of a conception of freedom far stronger than guidance control. It does not give us the libertarian control over whether to choose A or B in the present, but it does provide a measure of control over the sort of person an agent has been, and thus whether she is the sort of person who will choose A or B in the future. (shrink)

Drunk drivers and other culpably incapacitated wrongdoers are often taken to pose a problem for reasons-responsiveness accounts of moral responsibility. These accounts predicate moral responsibility upon an agent having the capacities to perceive and act upon moral reasons, and the culpably incapacitated wrongdoers lack exactly those capacities at the time of their wrongdoing. Many reasons-responsiveness advocates thus expand their account of responsibility to include a tracing condition: The culpably incapacitated wrongdoer is blameworthy despite his incapacitation precisely because he is responsible (...) for becoming incapacitated. As some skeptics have suggested, it is not clear that we need tracing. Here, however, I make a stronger case against tracing: I show that tracing gets things wrong. I consider a new sort of case, the case of the Odysseus agent, whose incapacitation is non-culpable (sometimes merely permissible and sometimes praiseworthy). Tracing would have us hold responsible and therefore blame unlucky Odysseus agents, Odysseus agents who commit a wrongdoing in the throes of their non-culpably induced incapacitation. But we should not hold these unlucky Odysseus agents responsible for their incapacitated wrongdoing. Because tracing gets these cases wrong, we should reject tracing. (shrink)

The counterfactual mental state of negligent criminal activity invites skepticism from those who see mental states as essential to responsibility. Here, I offer a revision of the mental state of criminal negligence, one where the mental state at issue is actual and not merely counterfactual. This revision dissolves the worry raised by the skeptic and helps to explain negligence’s comparatively reduced culpability.

The control principle implies that people should not feel guilt for outcomes beyond their control. Yet, the so-called ‘agent and observer puzzles’ in philosophy demonstrate that people waver in their commitment to the control principle when reflecting on accidental outcomes. In the context of car accidents involving conventional or autonomous vehicles, Study 1 established that judgments of responsibility are most strongly associated with expressions of guilt–over and above other negative emotions, such as sadness, remorse or anger. Studies 2 and 3 (...) then confirmed that, while people generally endorse the control principle, and deny that occupants in an AV should feel guilt when involved in an accident, they nevertheless ascribe guilt to those same occupants. Study 3 also uncovered novel implications of the observer puzzle in the legal context: Passengers in an AV were seen as more legally liable than either passengers in a conventional vehicle, or even their drivers–especially when participants were prompted to reflect on the passengers’ affective experience of guilt. Our findings document an important conflict–in the context of AV accidents–between people’s prescriptive reasoning about responsibility and guilt on one hand, and their counter-normative experience of guilt on the other, with apparent implications for liability decisions. (shrink)

Duress is a defense in both law and morality. The bank teller who provides an armed robber with the bank vault combination, the innocent suspect who fabricates a story after hours of interrogation, the Good Samaritan who breaks into a private cabin in the woods to save a stranded hiker, and the father who drives at high speed to rush his injured child to the hospital—in deciding how to respond to agents like these, we should take into account that they (...) have acted under duress. In this paper, I offer a new duress defense, which I call “distinctive duress.” The distinctive-duress defense is neither ordinary justification nor ordinary excuse. Rather, it is a defense available to agents who act wrongly because they are appropriately insensitive to certain reasons. In the distinctive-duress cases, an agent’s normative sensitivities are rightly directed elsewhere, leading them awry. (shrink)

For many philosophers, bad-history wrongdoers are primarily interesting because of what their cases might tell us about the interaction of moral responsibility and history. However, philosophers focusing on blameworthiness have overlooked important questions about blame itself. These bad-history cases are complicated because blame and sympathy are both fitting. When we are careful to consider the rich natures of those two reactions, we see that they conflict in several important ways. We should see bad-history cases as cases about whether and how (...) we should blame, rather than as cases giving us ready insight into the nature of moral responsibility. (shrink)

According to “voluntarists,” voluntary control is a necessary precondition on being blameworthy. According to “non-voluntarists,” it isn’t. I argue here that we ought to take seriously a type of voluntary control that both camps have tended to overlook. In addition to “direct” control over our behavior, and “indirect” control over some of the consequences of our behavior, we also possess “constitutive” control: the capacity to govern some of our attitudes and character traits by making choices about what to do that (...) constitute those attitudes and traits. Taking this sort of control seriously, I argue, ultimately tips the scale towards voluntarism. First, I address a non-voluntarist case in which an agent is putatively made blameworthy by the reasons for which she acts, even though the particular reasons for which she acts aren’t up to her. I argue that this case looks compelling only if we overlook constitutive control, and thereby miss how the agent’s motivating reasons are under her voluntary control even though non-voluntarists think they are not. I then use the notion of constitutive control to diffuse some of the best putative counterexamples to voluntarism: cases in which subjects are blameworthy either for caring inadequately about others or for wishing them ill. (shrink)

We argue that moral judgment studies currently conducted utilizing virtual reality (VR) devices must confront a dilemma due to how virtual environments are designed and how those environments are experienced. We begin by first describing the contexts present in paradigmatic cases of naturalistic moral judgments. We then compare these contexts to current traditional (vignette-based) and VR-based moral judgment research. We show that, contra to paradigmatic cases, vignette-based and VR-based moral judgment research often fails to accurately model the situational features of (...) paradigmatic moral judgments. In particular, we compare and contrast six recent VR studies to support our view that only simulations high in context-realism and perspectival-fidelity can produce ‘virtually real experiences.’ After analyzing the constituents of a virtually-real experience, we go on to propose guidelines for the creation of VR studies. These guidelines serve two purposes. First, we aim to increase the ecological validity of such studies in order to advance our understanding of moral judgments. Second, we believe that such guidelines should inform how Institutional Review Boards assess VR research. We show that our guidelines are urgently needed given the current lax review standards in place. (shrink)

Is the idea of the voluntary important? Those who think so tend to regard it as an idea that can be metaphysically deepened through a theory about voluntary action, while those who think it a superficial idea that cannot coherently be deepened tend to neglect it as unimportant. Parting company with both camps, I argue that the idea of the voluntary is at once important and superficial—it is an essentially superficial notion that performs important functions, but can only perform them (...) if we refrain from deepening it. After elaborating the contrast between superficial and deepened ideas of the voluntary, I identify the important functions that the superficial idea performs in relation to demands for fairness and freedom. I then suggest that theories trying to deepen the idea exemplify a problematic moralization of psychology—they warp psychological ideas to ensure that moral demands can be met. I offer a three-tier model of the problematic dynamics this creates, and show why the pressure to deepen the idea should be resisted. On this basis, I take stock of what an idea of the voluntary worth having should look like, and what residual tensions with moral ideas this leaves us with. (shrink)

Philosophy strives to give us a firmer hold on our concepts. But what about their hold on us? Why place ourselves under the sway of a concept and grant it the authority to shape our thought and conduct? Another conceptualization would carry different implications. What makes one way of thinking better than another? This book develops a framework for concept appraisal. Its guiding idea is that to question the authority of concepts is to ask for reasons of a special kind: (...) reasons for concept use, which tell us which concepts to adopt, adhere to, or abandon, thereby shoring up—or undercutting—the reasons for action and belief that guide our deliberations. Traditionally, reasons for concept use have been sought either in timeless rational foundations or in concepts’ inherent virtues, such as precision and consistency. Against this, the book advances two main claims: that we find reasons for concept use in the conceptual needs we discover when we critically distance ourselves from a concept by viewing it from the autoethnographic stance; and that sometimes, concepts that conflict, or exhibit other vices such as vagueness or superficiality, are just what we need. By considering not what concepts are absolutely best, but what concepts we now need, we can reconcile ourselves to the contingency of our concepts, determine the proper place of efforts to tidy up thought, and adjudicate between competing conceptions of things—even things as contested as liberty or free will. A needs-based approach separates helpful clarification from hobbling tidy-mindedness, and authoritative definition from conceptual gerrymandering. (shrink)

Philosophers usually discuss responsibility in terms of responsibility for past actions or as a question about the nature of moral agency. Yet the word responsibility is fairly modern, whereas these topics arguably represent timeless concerns about human agency. This paper investigates another use of responsibility, that is particularly important to modern liberal societies: responsibility as a virtue that can be demonstrated by individuals and organisations. The paper notes its initial importance in political contexts, and seeks to explain why we now (...) demand responsibility in all spheres of life. In reply, I highlight the distinctively institutional character of modern liberal societies: institutions specify many of the particular responsibilities each of us must fulfil, but also require responsibility to sustain them and address their failings. My overall argument is that the virtue of responsibility occupies a distinctive place in the moral needs, and moral achievements, of liberal societies; and this, in turn, explains why it now occupies such a prominent place in our moral discourse. (shrink)

The notion of responsible innovation suggests that innovators carry additional responsibilities beyond those commonly suggested. In this paper, we will discuss the meaning of these novel responsibilities focusing on two philosophical problems of attributing such responsibilities to innovators. The first is the allocation of responsibilities to innovators. Innovation is a process that involves a multiplicity of agents and unpredictable, far-reaching causal chains from innovation to social impacts, which creates great uncertainty. A second problem is constituted by possible trade-offs between different (...) kinds of responsibility. It is evident that attributing backward-looking responsibility for product failures diminishes the willingness to learn about such defects and to take forward-looking responsibility. We will argue that these problems can be overcome by elaborating what it is exactly that innovators are responsible for. In this manner, we will distinguish more clearly between holding responsible and taking responsibility. This opens a space for ‘supererogatory’ responsibilities. Second, we will argue that both innovation processes and outcomes can be objects of innovators’ responsibility. Third, we will analyze different kinds of responsibility and show that the functions of their attribution are not necessarily contradictory. Based on this conceptual refinement, we will argue that accountability, responsibility-as-virtue and the willingness to take responsibility are crucial for responsible innovation. (shrink)

The increasing complexity and ubiquity of autonomously operating artificially intelligent (AI) systems call for a robust theoretical reconceptualization of responsibility and control. The Meaningful Human Control (MHC) approach to the design and operation of AI systems provides such a framework. However, in its focus on accountability and minimizing harms, it neglects how we may flourish in interaction with such systems. In this chapter, I show how the MHC framework can be expanded to meet this challenge by drawing on the ethics (...) of carebots and embodied design. First, I examine how discussions about flourishing with carebots invite us to consider the extent to which we control our moral character Second, I argue that we can understand the cultivation of moral character in terms of embodied virtues arising from operating in particular ecologies. Third, I demonstrate how this analysis fruitfully informs the design of carebots as supporting reciprocity and empathy. (shrink)

The notion of “responsibility gap” with artificial intelligence (AI) was originally introduced in the philosophical debate to indicate the concern that “learning automata” may make more difficult or impossible to attribute moral culpability to persons for untoward events. Building on literature in moral and legal philosophy, and ethics of technology, the paper proposes a broader and more comprehensive analysis of the responsibility gap. The responsibility gap, it is argued, is not one problem but a set of at least four interconnected (...) problems – gaps in culpability, moral and public accountability, active responsibility—caused by different sources, some technical, other organisational, legal, ethical, and societal. Responsibility gaps may also happen with non-learning systems. The paper clarifies which aspect of AI may cause which gap in which form of responsibility, and why each of these gaps matter. It proposes a critical review of partial and non-satisfactory attempts to address the responsibility gap: those which present it as a new and intractable problem (“fatalism”), those which dismiss it as a false problem (“deflationism”), and those which reduce it to only one of its dimensions or sources and/or present it as a problem that can be solved by simply introducing new technical and/or legal tools (“solutionism”). The paper also outlines a more comprehensive approach to address the responsibility gaps with AI in their entirety, based on the idea of designing socio-technical systems for “meaningful human control", that is systems aligned with the relevant human reasons and capacities. (shrink)

This article identifies a novel challenge to standard understandings of responsibility practices, animated by experimental studies of biases and heuristics. It goes on to argue that this challenge illustrates a general methodological challenge for theorizing about responsibility. That is, it is difficult for a theory to give us both guidance in real world contexts and an account of the metaphysical and normative foundations of responsibility without treating wide swaths of ordinary practice as defective. The general upshot is that theories must (...) either hew more closely to actual practice than they appear to, or they must provide some normative foundation for responsibility that does not go through actual practice. (shrink)

The paper attempts to explicate and justify the position I call `Agency Incompatibilism'- that is to say, the view that agency itself is incompatible with determinism. The most important part of this task is the characterisation of the conception of agency on which the position depends; for unless this is understood, the rationale for the position is likely to be missed. The paper accordingly proceeds by setting out the orthodox philosophical position concerning what it takes for agency to exist, before (...) going on to explain why and how that orthodoxy should be challenged. The relations between my own views and those of others writing on the issues of free will and moral responsibility, in three crucial and inter-connected areas are then explored. These are (1) the question how animals should figure in the philosophy of action; (2) the question what the lesson is of `Frankfurt-style' examples; and (3) the distinction between so-called `leeway' incompatibilism and `source' incompatibilism. The paper moves on to consider and respond to various objections to Agency Incompatibilism, including the claim that to embrace the conception of agency that makes incompatibilism plausible is to beg the question against the compatibilist, and also the worry that determinism is an empirical thesis which ought not to be straightforwardly falsifiable by such a priori reasoning as Agency Incompatibilism appears to involve. I also try to rebut the worry that Agency Incompatibilism is committed to the existence of an unintelligible and/or naturalistically impossible variety of irreducible agent causation. (shrink)

The normative force of evidence can seem puzzling. It seems that having conclusive evidence for a proposition does not, by itself, make it true that one ought to believe the proposition. But spelling out the condition that evidence must meet in order to provide us with genuine normative reasons for belief seems to lead us into a dilemma: the condition either fails to explain the normative significance of epistemic reasons or it renders the content of epistemic norms practical. The first (...) aim of this paper is to spell out this challenge for the normativity of evidence. I argue that the challenge rests on a plausible assumption about the conceptual connection between normative reasons and blameworthiness. The second aim of the paper is to show how we can meet the challenge by spelling out a concept of epistemic blameworthiness. Drawing on recent accounts of doxastic responsibility and epistemic blame, I suggest that the normativity of evidence is revealed in our practice of suspending epistemic trust in response to impaired epistemic relationships. Recognizing suspension of trust as a form of epistemic blame allows us to make sense of a purely epistemic kind of normativity the existence of which has recently been called into doubt by certain versions of pragmatism and instrumentalism. (shrink)

Since our moral and legal judgments are focused on our decisions and actions, one would expect information about the neural underpinnings of human decision-making and action-production to have a significant bearing on those judgments. However, despite the wealth of empirical data, and the public attention it has attracted in the past few decades, the results of neuroscientific research have had relatively little influence on legal practice. It is here argued that this is due, at least partly, to the discussion on (...) the relationship of the neurosciences and law mixing up a number of separate issues that have different relevance on our moral and legal judgments. The approach here is hierarchical; more and less feasible ways in which neuroscientific data could inform such judgments are separated from each other. The neurosciences and other physical views on human behavior and decision-making do have the potential to have an impact on our legal reasoning. However, this happens in various different ways, and too often appeal to any neural data is assumed to be automatically relevant to shaping our moral and legal judgments. Our physicalist intuitions easily favor neural-level explanations to mental-level ones. But even if you were to subscribe to some reductionist variant of physicalism, it would not follow that all neural data should be automatically relevant to our moral and legal reasoning. However, the neurosciences can give us indirect evidence for reductive physicalism, which can then lead us to challenge the very idea of free will. Such a development can, ultimately, also have repercussions on law and legal practice. (shrink)

A philosopher’s case for the importance of good—if ethically questionable—humor. A good sense of humor is key to the good life, but a joke taken too far can get anyone into trouble. Where to draw the line is not as simple as it may seem. After all, even the most innocent quips between friends rely on deception, sarcasm, and stereotypes and often run the risk of disrespect, meanness, and harm. How do we face this dilemma without taking ourselves too seriously? (...) In Wisecracks, philosopher David Shoemaker examines this interplay between humor and morality and ultimately argues that even morally suspect humor is an essential part of ethical life. Shoemaker shows how improvised “wisecracks” between family and friends—unlike scripted stand-up, sketches, or serials—help us develop a critical human skill: the ability to carry on and find the funny in tragedy. In developing a new ethics of humor in defense of questionable gibes, Wisecracks offers a powerful case for humor as a healing presence in human life. (shrink)

The traditional view according to which we adults tacitly consent to a state’s lawful actions just by living within its borders—the residence theory—is now widely rejected by political philosophers. According to the critics, this theory fails because consent must be (i) intentional, (ii) informed, and (iii) voluntary, whereas one’s continued residence within a state is typically none of these things. Few people intend to remain within the state in which they find themselves, and few realize that by remaining they are (...) consenting to the state’s lawful actions. In addition, the various obstacles standing in the way of us leaving the state render our remaining involuntary. Thus, the critics conclude, few if any people can be considered to have consented through their residence. I argue that these objections fail and that the residence theory remains a viable option, at least for those who are not committed incompatibilists. (shrink)

Recently, a number of authors have suggested that the epistemic condition on moral responsibility makes blameworthiness much less common than we ordinarily suppose, and much harder to identify. This paper argues that such epistemically based responsibility skepticism is mistaken. Section 2 sketches a general account of moral responsibility, building on the Strawsonian idea that blame and credit relates to the agent’s quality of will. Section 3 explains how this account deals with central cases that motivate epistemic skepticism and how it (...) avoids some objections to quality of will accounts recently raised by Gideon Rosen. But an intuitive worry brought out by these objections remains. Section 4 spells out this remaining worry and argues that, like traditional metaphysical responsibility skepticism, it has its source in a non-standard explanatory perspective on action, suggesting that strategies for explaining away the intuitive pull of traditional skepticism are applicable in this case too. (shrink)

In this paper, I explore the idea that someone can deserve resentment or other reactive emotions for what she does by attention to three psychological functions of such emotions—appraisal, communication, and sanction—that I argue ground claims of their desert. I argue that attention to these functions helps to elucidate the moral aims of reactive emotions and to distinguish the distinct claims of desert, as opposed to other moral considerations.

Over the past few centuries the free will debate has largely turned on the question of whether or not the truth of the thesis of determinism is compatible with the relevant form of freedom that is required for moral responsibility. This way of approaching the free will problem was fundamentally challenged by P.F. Strawson in his hugely influential paper “Freedom and Resentment,” which was published in 1962. In this paper Strawson pursues a line of argument that can be found in (...) the work of several major figures in the “moral sense school,” such as David Hume and Adam Smith. The strategy Strawson employs is one that begins with a complex and subtle description of the attitudes and practices that are constitutive of moral responsibility as we observe it in human life. According to Strawson, both sides in this debate fail to identify the real foundations of moral responsibility, which rests with the fabric of our human emotional psychology. When we start from inside these natural, human commitments, Strawson maintains, we are better placed to generate a viable and pertinent theory of human freedom as it relates to the requirements of moral responsibility. (shrink)

There is a familiar argument for the falsity of determinism, an argument that proceeds from the claim that agents are morally responsible. A number of authors have challenged the soundness of this argument. I pose a different challenge, one that grants its soundness. The challenge is that, given certain plausible assumptions, one cannot know the conclusion of this argument on the basis of knowing its premises. That is, one cannot know that determinism is false on the basis of this argument (...) even if agents are in fact morally responsible and moral responsibility is in fact incompatible with determinism. A slightly different version of the challenge tells also against the claim that one can be justified in believing that determinism is false on the basis of the argument, so that the challenge cannot be evaded by a retreat to an epistemic position weaker than knowledge. I compare my challenge to the challenge posed by the external world sceptic, and argue that there are asymmetries between these challenges that make it reasonable to accept the former and reject the latter. I close by considering the prospects for developing an epistemology of moral responsibility that is adequate to answer the challenge. (shrink)

Traditionally, the manufacturer/operator of a machine is held (morally and legally) responsible for the consequences of its operation. Autonomous, learning machines, based on neural networks, genetic algorithms and agent architectures, create a new situation, where the manufacturer/operator of the machine is in principle not capable of predicting the future machine behaviour any more, and thus cannot be held morally responsible or liable for it. The society must decide between not using this kind of machine any more (which is not a (...) realistic option), or facing a responsibility gap, which cannot be bridged by traditional concepts of responsibility ascription. (shrink)

It is widely held that whether a person is morally responsible for an outcome partly depends on whether certain causal relations obtain between that person and the outcome. This paper argues that, regardless of whether the preceding claim about moral responsibility is true, moral blameworthiness is independent of such causal considerations. This conclusion is motivated by considering cases from Carolina Sartorio and Sara Bernstein. The causal structures of these cases are complex. Sartorio and Bernstein believe that reaching conclusions about moral (...) responsibility and blameworthiness requires wading through this complexity. But it is argued here that getting clear on these causal structures does not help us assess blameworthiness (regardless of the relevance of such considerations for drawing conclusions about moral responsibility). Moral blameworthiness simply does not turn on the considerations relevant to figuring out whether an agent causally contributed to an outcome. (shrink)

One can think of the traditional logic of blame as involving three intuitively plausible claims: (1) blame is justified only if one is deserving of blame, (2) one is deserving of blame only if one is relevantly in control of the relevant causal antecedents, and (3) one is relevantly in control only if one has libertarian freedom. While traditional compatibilism has focused on rejecting either or both of the latter two claims, an increasingly common strategy is to deny the link (...) between blame and desert expressed in (1). While I think there is something right about many of these accounts of blame, I deny that the logic of blame can be divorced from the logic of desert. On my view, blame does have a conceptual connection to desert, but its justification is practical rather than theoretical, as the libertarian condition is a matter of adopting a stance towards a person rather than having a belief about her and the “true” causes of her action. I argue that blame fundamentally requires interacting with a person from the participant perspective and that the participant perspective, understood in terms of second-personal address, involves an ontological commitment to freedom. (shrink)

”Meaningful human control” is a term invented in the political and legal debate on autonomous weapons system, but it is nowadays also used in many other contexts. It is supposed to specify conditions under which an artificial system is under the right kind of control to avoid responsibility gaps: that is, situations in which no moral agent is responsible. Santoni de Sio and Van den Hoven have recently suggested a framework that can be used by system designers to operationalize this (...) kind of control. It is the purpose of this paper to facilitate further operationalization of ”meaningful human control”. -/- This paper consists of two parts. In the first part I resolve an ambiguity that plagues current operationalizations of MHC. One of the design conditions says that the system should track the reasons of the relevant agents. This condition is ambiguous between the kind of reasons involved. On one interpretation it says that a system should track motivating reasons, while it is concerned with normative reasons on the other. Current participants in the debate interpret the framework as being concerned with (something in the vicinity of) motivating reasons. I argue against this interpretation by showing that meaningful human control requires that a system tracks normative reasons. Moreover, I maintain that an operationalization of meaningful human control that fails to track the right kind of reasons is morally problematic.When this is properly understood, it can be shown that the framework of MHC is committed to the agent-relativity of reasons. More precisely, I argue in the second part of this paper that if the tracking condition of MHC plays an important role in responsibility attribution (as the proponents of the view maintain), then the framework is incompatible with first-order normative theories that hold that normative reasons are agent-neutral (such as many versions of consequentialism). In the final section I present three ways forward for the proponent of MHC as reason-responsiveness. (shrink)