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)

Is knowledge the epistemic norm of action and assertion? Gettier and justified-false-belief cases have been raised as counterexamples to the necessity direction of that claim. Most knowledge normers reply by distinguishing permissibility from excusability. An important objection to this move, however, is that it requires a still lacking view of epistemic excuses sufficiently general to cover all the cases, correctly relating the supposed excuse to the subject's cognitive life, and not collapsing into an account of the fundamental normative standard (see (...) Gerken 2017). In this paper, I rely on independent work in epistemology and cognitive science to suggest a novel account of epistemic excuses in terms of epistemic feelings. In contrast to other existing accounts, this account is immune from the above objection and can thus be used to rescue the knowledge norm. (shrink)

The article offers an Aristotelian analysis of emotion-based defences in criminal law: someone who commits an offence is entitled to an excuse if she was motivated by a justifiably aroused and strongly felt emotion that gave her good reason to commit the offence and that might have destabilised the practical rationality even of a ‘reasonable’ person. This analysis captures the logical structure of duress and provocation as excuses—and also shows why provocation is controversial as even a partial defence. This pattern (...) of analysis is then applied to compassion as a motivation for assisting another’s death, in the light of some recent developments in English criminal law’s treatment of assisting suicide: even if we accept that such assistance cannot be justified, we can see how compassion can ground an excuse, and make sense of the Director of Public Prosecution’s recently published Policy for dealing with cases of assistin.. (shrink)

Michael Moore and I agree about the moral importance of how our actions turn out. We even agree about some of the arguments that establish that moral importance. In Causation and Responsibility, however, Moore foregrounds one argument that I do not find persuasive or even helpful. In fact I doubt whether it even qualifies as an argument. He calls it the “experiential argument.” In this comment I attempt to analyze Moore's “experiential argument” in some detail and thereby to bring out (...) why it does not help. In the process I raise some problems about the rationality of the emotions, which may be where Moore and I part company. We both believe that emotions should be taken more seriously by moral philosophy. But apparently we have radically different views about what this means. (shrink)

In Loss of Control and Diminished Responsibility, Alan Reed and Michael Bohlander collect a wide range of essays on the eponymous partial defences to murder. These essays provide detailed analysis of recent English reforms in this area and place these reforms in comparative perspective. This review considers the contribution made by this book to the explanation and evaluation of partial defences. It concentrates in particular on the exculpatory force of loss of control; the distinctness of loss of control from diminished (...) responsibility; and the defences’ unique mitigatory effect. (shrink)

This paper investigates the relations between the concepts of moral harm and moral responsibility, arguing for a circularity between the two. On this basis the conceptual soundness of descriptivism, on which consequentialist and non-consequentialist arguments are often grounded, is questioned. In the last section a certain version of ascriptivism is defended: The circularity is relevant in order to understand how a restricted version of ascriptivism may in fact be well founded.

Sincere Apologies: The Importance of the Offender’s Guilt Feelings This paper discusses the meaning and the importance of emotions, in particular the sincere guilt feelings of the offender. It is argued that the emotion of guilt reveals important information about the offender’s values and normative position. In the remainder of the paper, special consideration is awarded to the argument concerning ritual apologies, which might contain value even when insincere. This argument is rejected, on two grounds: 1. if the apology ritual (...) does not aim for sincere guilt feelings, then the use of the symbol of apology is not fitting; and 2. if the apology ritual does aim for sincere guilt, then an insincere apology devalues the sincere expression. (shrink)

Deontologists often assume that ethical constraints hold ‘come what may’ but that violations of the constraints can be excused or pardoned. Vinit Haksar has argued for pardon as deontologically appropriate mitigation for the violation of deontological constraints. However, the reasons he adduces against excuse are inconclusive. In this paper, I show how complex the question of excuse versus pardon for deontological transgressions is. Liability for the development of character traits and the assumption of agent-centered responsibility have to be taken into (...) account before the possibility of pardon can be identified as appropriate deontological softener for strict constraints. (shrink)