A dogma of contemporary normative theorizing holds that some reasons are distinctively moral while others are not. Call this view Reasons Pluralism. This essay looks at four approaches to vindicating the apparent distinction between moral and non-moral reasons. In the end, however, all are found wanting. Though not dispositive, the failure of these approaches supplies strong evidence that the dogma of Reasons Pluralism is ill-founded.

Research programs in empirical psychology from the past two decades have revealed implicit biases. Although implicit processes are pervasive, unavoidable, and often useful aspects of our cognitions, they may also lead us into error. The most problematic forms of implicit cognition are those which target social groups, encoding stereotypes or reflecting prejudicial evaluative hierarchies. Despite intentions to the contrary, implicit biases can influence our behaviours and judgements, contributing to patterns of discriminatory behaviour. These patterns of discrimination are obviously wrong and (...) unjust. But in remedying such wrongs, one question to be addressed concerns responsibility for implicit bias. Unlike some paradigmatic forms of wrongdoing, such discrimination is often unintentional, unendorsed, and perpetrated without awareness; and the harms are particularly damaging because they are cumulative and collectively perpetrated. So, what are we to make of questions of responsibility? In this article, we outline some of the main lines of recent philosophical thought, which address questions of responsibility for implicit bias. We focus on (a) the kind of responsibility at issue; (b) revisionist versus nonrevisionist conceptions of responsibility as applied to implicit bias; and (c) individual, institutional, and collective responsibility for implicit bias. (shrink)

Moral and legal responsibility is diminished in neuropsychiatric patients who lack the capacity to use reasoning to determine morally appropriate behavior. Patients with behavioral-variant frontotemporal dementia (bvFTD), however, develop immoral behaviors as a result of their disease despite the ability to explicitly state that their behavior is wrong. In order to determine whether bvFTD patients should be held responsible for their immoral behavior, we begin by discussing the philosophical concepts of free will, determinism, and responsibility. Those who believe in both (...) determinism and free will are called compatibilists. We argue that reason-responsiveness, a specific type of compatibilism, cannot fully determine responsibility in bvFTD patients if reason-responsiveness is considered to be a single, unified concept. Instead, we argue that several different neuropsychological capacities, including many that are impaired in bvFTD patients, contribute to a patient's ability to respond to certain reasons in specific situations. Finally, we propose a new framework for understanding reason-responsiveness, using case examples to illustrate how this model can be used to determine responsibility in neuropsychiatric patients. (shrink)

Effective neuromodulation of the human brain is a central objective of neuroscience, with clear applications for restoring, and even enhancing, neural function. Whether it is a pill that modifies p...

This paper focuses on the question of whether and, if so, when people can be responsible for their self-deception and its consequences. On Intentionalist accounts, self-deceivers intentionally deceive themselves, and it is easy to see how they can be responsible. On Motivationist accounts, in contrast, self-deception is a motivated, but not intentional, and possibly unconscious process, making it more difficult to see how self-deceivers could be responsible. I argue that a particular Motivationist account, the Desire to Believe account, together with (...) other resources, best explains how there can be culpable self-deception. In the process, I also show how self-deception is a good test case for deciding important questions about the nature of moral responsibility. (shrink)

In this paper, I describe a hitherto overlooked kind of practical irrationality, which I call irrational option exclusion. An agent who suffers from this problem does not merely fail to act on her best judgement – she fails to realize that the superior action is even an option for her. I furthermore argue that this kind of irrationality is serious enough to undermine moral responsibility. I show that an agent suffering from this problem has compromised reasons-responsiveness, does not really express (...) her will through action, and has a hard time doing otherwise; thus, from the standpoint of several popular moral responsibility theories, we ought to conclude that her responsibility is at the very least diminished. (shrink)

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)

Both advocates of corporate regulation and its opponents tend to depict regulation as restrictive—a policy option that limits freedom in the name of welfare or other social goods. Against this framing, I suggest we can understand regulation in enabling terms. If well designed and properly enforced, regulation enables companies to operate in ways that are acceptable to society as a whole. This paper argues for this enabling character by considering some wider questions about responsibility and the sharing of responsibility. Agents (...) who are less able or willing to act well are obviously more likely to face criticism, mistrust, and adverse responses. It will be more difficult to hold those agents responsible, especially so when there are many who fail in their responsibilities or where there are wide-reaching disagreements about those responsibilities. Regulatory standards, like other norms and ways of defining responsibilities, address these problems: by restricting, they also enable social cooperation. Like other forms of holding responsible, ways of enforcing those standards against recalcitrant agents, or encouraging conformity to them, may also seem restrictive. Again, however, these practices play an important role in enabling responsible agency. This is partly because they can bolster readiness to act well in agents who experience or witness such responses. It is also because they free other agents to exercise initiative and commitment in defining their individual responsibilities in line with higher standards. (shrink)

We sometimes fail unwittingly to do things that we ought to do. And we are, from time to time, culpable for these unwitting omissions. We provide an outline of a theory of responsibility for unwitting omissions. We emphasize two distinctive ideas: (i) many unwitting omissions can be understood as failures of appropriate vigilance, and; (ii) the sort of self-control implicated in these failures of appropriate vigilance is valuable. We argue that the norms that govern vigilance and the value of self-control (...) explain culpability for unwitting omissions. (shrink)

Frankfurt examples invite controversy over whether the pertinent agent in these examples lacks the specific ability to do otherwise, and whether what she does can be obligatory or permissible. We develop an account of ability that implies that this agent does not have the specific ability to refrain from performing the germane action. The account also undergirds a view of obligation that entails that it is morally required or prohibited for an agent to perform an action only if she has (...) the specific ability to do, and to do otherwise than, perform it. Therefore, in Frankfurt examples, it is neither obligatory nor impermissible for the relevant agent to do what she does. (shrink)

An interesting aspect of Ernest Sosa’s (2017) recent thinking is that enhanced performances (e.g., the performance of an athlete under the influence of a performance-enhancing drug) fall short of aptness, and this is because such enhanced performances do not issue from genuine competences on the part of the agent. In this paper, I explore in some detail the implications of such thinking in Sosa’s wider virtue epistemology, with a focus on cases of cognitive enhancement. A certain puzzle is then highlighted, (...) and the solution proposed draws from both the recent moral responsibility literature on guidance control (e.g., Fischer and Ravizza 1998; Fischer 2012) as well as from work on cognitive integration in the philosophy of mind and cognitive science (e.g., Clark and Chalmers 1998; Clark 2008; Pritchard 2010; Palermos 2014; Carter 2017). (shrink)

It is often alleged that an agent is morally responsible in a liability sense for a transgression just in case s/he deserves a negative interpersonal response for that transgression, blaming responses such as resentment and indignation being paradigms. Aside from a few exceptions, guilt is cited in recent discussions of moral responsibility, if at all, as merely an effect of being blamed, or as a reliable indicator of moral responsibility, but not itself an explanation of moral responsibility. In this paper, (...) I argue that an agent is morally responsible in a liability sense for a transgression just in case s/he deserves to feel moral guilt for that transgression. I argue that this alternative view offers all that the predominant blame-focused view offers, while also solving some puzzling features of moral responsibility. Specifically, it offers a compelling way to reconcile conflicting intuitions about the suberogatory, and allows those who do not understand what Darwall calls ‘second-personal’ reasons to be morally responsible for their immoral acts. (shrink)

We argue that animalism is the only materialist account of personal identity that can account for the autonomy that we typically think of ourselves as possessing. All the rival materialist theories suffer from a moral version of the problem of too many thinkers when they posit a human person that overlaps a numerically distinct human animal. The different persistence conditions of overlapping thinkers will lead them to have interests that conflict, which in many cases prevents them both from autonomously forming (...) and acting on the same intentions. These problems are exacerbated by problems of self-reference plaguing the overlapping thinkers. We contend that the impossibility of simultaneous autonomous action by animals and persons provides a reason to favor animalism over Neo-Lockeanism, Four-Dimensionalism, Constitution theory, and brain-size views of the person. We anticipate and reject arguments that the autonomy of the person and the animal can be shown to be compatible by relying upon either the Parfitian thesis that identity isn’t what matters or claiming that animals acquire the interests of the person they constitute. (shrink)

The paper concerns the problem of the legal responsibility of autonomous machines. In our opinion it boils down to the question of whether such machines can be seen as real agents through the prism of folk-psychology. We argue that autonomous machines cannot be granted the status of legal agents. Although this is quite possible from purely technical point of view, since the law is a conventional tool of regulating social interactions and as such can accommodate various legislative constructs, including legal (...) responsibility of autonomous artificial agents, we believe that it would remain a mere ‘law in books’, never materializing as ‘law in action’. It is not impossible to imagine that the evolution of our conceptual apparatus will reach a stage, when autonomous robots become full-blooded moral and legal agents. However, today at least, we seem to be far from this point. (shrink)

Harry Frankfurt Journal of Philosophy, 66, 829–39 famously attacked what he called the principle of alternate possibilities. PAP states that being able to do otherwise is necessary for moral responsibility. He gave counterexamples to PAP known since then as “Frankfurt cases.” This paper sidesteps the enormous literature on Frankfurt cases while preserving some of our salient pretheoretical intuitions about the relation between alternate possibilities and moral responsibility. In particular, I introduce, explain, and defend a principle that has so far been (...) overlooked, namely, “the principle of doxastic moral asymmetry” : a rational agent, S, is morally responsible for an action that S performed, E, only if, when S did E, S justifiably believed either that E was closer to S’s most praiseworthy alternate possibility than it was to S’s most blameworthy alternate possibility, or that E was closer to S’s most blameworthy alternate possibility than it was to S’s most praiseworthy alternate possibility. (shrink)

It typically taken for granted that agents can be morally responsible for such things as, for example, the death of the victim and the capture of the murderer in the sense that one may be blameworthy or praiseworthy for such things. The primary task of a theory of moral responsibility, it is thought, is to specify the appropriate relationship one must stand to such things in order to be morally responsible for them. I argue that this common approach is problematic (...) because it attempts to explain the way in which an agent can be morally responsible for something that is external to her, the agent. Since, I argue, everything that matters for moral responsibility is internal to the agent, the accounts that emerge from this approach are committed to a particular form of moral luck. Instead, we should reject this form of moral luck, and with it, the possibility of moral responsibility for objects external to the agent. We are, I argue, morally responsible only for our inner willings. Thus, a form of internalism about moral responsibility is defended. (shrink)

Harry Frankfurt’s Unwilling Addict and Willing Addict cases accomplish something fairly unique: they pull apart the predictions of control-based views of moral responsibility and competing self-expression views. The addicts both lack control over their actions but differ in terms of expression of their respective selves. Frankfurt’s own view is that—in line with the predictions of self-expression views—the unwilling addict is not morally responsible for his drug-directed actions while the willing addict is. But is Frankfurt right? In this essay, I put (...) together a systematic defence of Frankfurt’s position. (shrink)

David Shoemaker has claimed that a binary approach to moral responsibility leaves out something important, namely instances of marginal agency, cases where agents seem to be eligible for some responsibility responses but not others. In this paper we endorse and extend Shoemaker’s approach by presenting and discussing one more case of marginal agency not yet covered by Shoemaker or in the other literature on moral responsibility. Our case is that of Kenneth Parks, a Canadian man who drove a long way (...) to his mother-in-law’s and killed her in a state of somnambulism. We support our claim about Parks’ marginal responsibility in three steps: we first deny that Parks acts involuntarily as traditionally claimed in the legal literature; we then propose to extend Shoemaker’s analysis of marginal responsibility based on quality of will so as to include two other dimensions: the moral status of the agent and the actual causal effects of their actions; finally, we distinguish Parks’ marginal responsibility from four other existing concepts: “tracing”, diminished responsibility, causal responsibility, and moral disapproval without responsibility. (shrink)

Some have argued that our intuitive reactions to a number of cases of moral responsibility can only be preserved at the expense of a unified account of moral responsibility for acts and omissions. I argue against this conclusion, proposing that a plausible condition on responsibility, the Causal Condition can, when properly elaborated, justify the relevant intuitive data.

Frankfurt-style cases are supposed to constitute counter-examples to the principle of alternate possibilities, for they are cases in which we have the intuition that an agent is morally responsible for his action, even though he could not have done otherwise. In a recent paper, Swenson rejects this conclusion, on the basis of a comparison between standard FSCs, which typically feature actions, and similar cases involving omissions. Because the absence of alternate possibilities seems to preclude moral responsibility in the cases of (...) omissions, and because there is no morally relevant difference between the cases of actions and omissions, Swenson concludes that agents are not morally responsible in standard FSCs. In the present paper, I argue that Swenson’s argument fails because there are at least two very important differences between both types of cases. First, there is a difference about whether agents in such cases actually perform the relevant action: while agents actually perform the relevant action in standard FSCs, they do not in FSCs supposedly involving omissions, for omissions require the possibility to have done otherwise. Second, while the agent’s behavior in standard FSCs actually explain that he performed the relevant action, the agent’s behavior in FSCs including omission actually fails to explain why the agent did not perform the relevant action. Beyond Swenson’s argument, I end up discussing what factors ultimately explain our intuitions about FSCs involving omissions. (shrink)

Drug use and drug addiction are severely stigmatised around the world. Marc Lewis does not frame his learning model of addiction as a choice model out of concern that to do so further encourages stigma and blame. Yet the evidence in support of a choice model is increasingly strong as well as consonant with core elements of his learning model. I offer a responsibility without blame framework that derives from reflection on forms of clinical practice that support change and recovery (...) in patients who cause harm to themselves and others. This framework can be used to interrogate our own attitudes and responses, so that we can better see how to acknowledge the truth about choice and agency in addiction, while avoiding stigma and blame, and instead maintaining care and compassion alongside a commitment to working for social justice and good. (shrink)

In a recent and highly engaging paper, Reid Blackman argues against the principle that if determinism is true, then it is not the case that one can do otherwise. He says that the combination of determinism, CAN, and plausible principles, such as the ‘ought’ implies ‘can’ principle, entails false conclusions about the normative, including the propositions that people never fail to do what they ought to have done and one never has any reason to do anything but what one does. (...) If CAN is, indeed, false compatibilists ought to be motivated to defend a reading of ‘can’ such that one can do otherwise even if determinism is true. In this paper I argue against Blackman’s dismissal of CAN on the basis that his relevant arguments are insufficiently sensitive to strong and weak readings of ‘can.’. (shrink)

Conscience and conscientious objections are important issues in medical law and ethics. However, discussions tend to focus on a particular type of conscience-based claim. These types of claims are based upon predictable, generalizable rules in which an individual practitioner objects to what is otherwise standard medical treatment. However, not all conscience based claims are of this type. There are other claims which are based not on an objection to a treatment in general but in individual cases. In other words, these (...) cases may involve practices which the doctor does not usually object to but does so in this instance on these facts. This paper will explore these types of conscience-based claims in two ways. First, it will explore whether these types of individualised conscience-based claims are really conscience claims at all. Second, it will explore how these claims interact with the other sorts of judgements we expect doctors to make in these cases. (shrink)

This paper provides an empirically informed perspective on the notion of responsibility using an ethical framework that has received little attention in the engineering-related literature to date: ethics of care. In this work, we ground conceptual explorations of engineering responsibility in empirical findings from engineering student’s writing on the human health and environmental impacts of “backyard” electronic waste recycling/disposal. Our findings, from a purposefully diverse sample of engineering students in an introductory electrical engineering course, indicate that most of these engineers (...) of tomorrow associated engineers with responsibility for the electronic waste problem in some way. However, a number of responses suggested attempts to deflect responsibility away from engineers towards, for example, the government or the companies for whom engineers work. Still other students associated both engineers and non-engineers with responsibility, demonstrating the distributed/collective nature of responsibility that will be required to achieve a solution to the global problem of excessive e-waste. Building upon one element of a framework for care ethics adopted from the wider literature, these empirical findings are used to facilitate a preliminary, conceptual exploration of care-ethical responsibility within the context of engineering and e-waste recycling/disposal. The objective of this exploration is to provide a first step toward understanding how care-ethical responsibility applies to engineering. We also hope to seed dialogue within the engineering community about its ethical responsibilities on the issue. We conclude the paper with a discussion of its implications for engineering education and engineering ethics that suggests changes for educational policy and the practice of engineering. (shrink)

In this article, I take off from some central issues in Paul Katsafanas’ recent book Agency and the Foundations of Ethics. I argue that Katsafanas’ alleged aims of action fail to do the work he requires them to do. First, his approach to activity or control is deeply problematic in the light of counterexamples. More importantly, the view of activity or control he needs to get his argument going is most likely false, as it requires our values to do work (...) that they are too fickle to do. Second, I take issue with the Nietzschean drive psychology underlying the second agential aim, viz. power. I argue that ordinary desires better describe a number of phenomena that Katsafanas uses drives to explain, and that some actions can aim in the opposite direction. As only drive-motivated actions aim at power, action does not, therefore, constitutively aim at power. Finally, I sketch a Humean approach to constitutivism, and argue that it both explains the desiderata that Katsafanas posits as well as solves the problems for his view. The Humean view is preferable, and should be developed further. (shrink)

Although philosophers have explored several connections between neuroscience and moral responsibility, the issue of how real-world neurological modifications, such as Deep Brain Stimulation, impact moral responsibility has received little attention. In this article, we draw on debates about the relevance of history and manipulation to moral responsibility to argue that certain kinds of neurological modification can diminish the responsibility of the agents so modified. We argue for a historicist position - a version of the history-sensitive reflection view - and defend (...) that account against a rival, relational view of responsibility. We conclude that DBS can, under certain conditions, diminish responsibility, and explore the circumstances under which this might be so. We conclude by suggesting that philosophical debates about moral responsibility, manipulation, and history have greater practical relevance than is sometimes thought, and that attention to practical cases can help inform and deepen this body of scholarship. (shrink)

I address three issues in this paper: first, just as many have thought that there is a requirement of alternative possibilities for the truth of judgments of moral responsibility, is there reason to think that the truth of judgments of intrinsic value also presupposes our having alternatives? Second, if there is this sort of requirement for the truth of judgments of intrinsic value, is there an analogous requirement for the truth of judgments of moral obligation on the supposition that obligation (...) supervenes on goodness? Third, if the truth of judgments of intrinsic value and those of moral obligation do presuppose our having access to alternatives, what should be said about whether determinism imperils the truth of such judgments? I defend an affirmative answer to the first question, a more guarded answer to the second, and a yet more restrained answer to the third. (shrink)

In this paper, I develop and discuss an argument intended to demonstrate that the Molinist notion of middle knowledge, and in particular the concept of counterfactuals of freedom, is incompatible with the notion of personal responsibility (for created creatures). In Sect. 1, I discuss the Molinist concepts of middle knowledge and counterfactuals of freedom. In Sect. 2, I develop an argument (henceforth, the Transfer of Negative Responsibility Argument, or TNRA) to the effect that, due to their construal of the concepts (...) of middle knowledge and counterfactuals of freedom, Molinists are not entitled to the notion that individuals are personally responsible—even for those actions that they freely perform. I then discuss the only two promising strategies for rejecting the argument in Sects. 3 and 4. Finally, in Sect. 5, I contend that, although TNRA may be unsuccessful as an internal argument against the Molinist, either of the possible strategies for rejecting TNRA poses a difficulty for the Molinist. Both response strategies force the Molinist into adopting a popular compatibilist strategy for rejecting a common negative argument against compatibilism. Thus, if Molinism represents a libertarian—i.e., incompatibilist—account of human freedom (as, e.g., Flint claims in his recent Divine Providence: The Molinist Account , noting that libertarianism is one of the “twin bases of Molinism”), then the discussion of TNRA poses, if not a dilemma , at the very least a serious challenge for the Molinist. (shrink)

The set with the following members is inconsistent: F-Lesson: A person can be blameworthy for performing an action even though she cannot refrain from performing it. Equivalence: ‘Ought not’ is equivalent to ‘impermissible.’ OIC: ‘Ought’ implies ‘can’ and ‘ought not’ implies ‘can refrain from.’ BRI: Necessarily, one is morally blameworthy for doing something only if it is overall morally impermissible for one to do it. Since Equivalence seems unassailable, one can escape the inconsistency by renouncing any one of the other (...) members. I first argue against BRI and then motivate a replacement for it that ties blameworthiness to belief in impermissibility. (shrink)

Some compatibilists have responded to the manipulation argument for incompatibilism by proposing an historical theory of moral responsibility which, according to one version, requires that agents be morally responsible for having their pro-attitudes if they are to be morally responsible for acting on them. This proposal, however, leads obviously to an infinite regress problem. I consider a proposal by Haji and Cuypers that addresses this problem and argue that it is unsatisfactory. I then go on to propose a new solution (...) inspired by the libertarian theory of Robert Kane. (shrink)

Frankfurt’s famous counterexample strategy challenges the traditional association between moral responsibility and alternative possibilities. While this strategy remains controversial, it is now widely agreed that an adequate response to it must preserve an agent’s ability to do otherwise, and not the mere possibility, for only then is her alternative possibility sufficiently robust to ground her responsibility. Here, I defend a more stringent requirement for robustness. To have a robust alternative, I argue, the agent must have the right kind of ability, (...) where the right kind is such that it is up to her whether she does otherwise. I argue that this kind of power attribution is epistemically conditioned. While a few writers have defended an epistemic condition for robustness, seeing this condition as a consequence of the relevant power attributions will provide much-needed support and clarification, while also illuminating the kind of ability in which free will consists. (shrink)

Can we sensibly attribute some of the happenings in our world to the agency of some of the things around us? We do this all the time, but there are conceptual challenges purporting to show that attributable agency, and specifically one of its most important subspecies, human free agency, is incoherent. We address these challenges in a novel way: rather than merely rebutting specific arguments, we discuss a concrete model that we claim positively illustrates attributable agency in an indeterministic setting. (...) The model, recently introduced by one of the authors in the context of artificial intelligence, shows that an agent with a sufficiently complex memory organization can employ indeterministic happenings in a meaningful way. We claim that these considerations successfully counter arguments against the coherence of libertarian free will. (shrink)

The aim of this paper is to challenge libertarian accounts of free will. It is argued that there is an irreconcilable tension between the way in which philosophers motivate the incompatibilist ability to do otherwise and the way in which they formally express it. Potential incompatibilist responses in the face of this tension are canvassed, and it is argued that each response is problematic. It is not claimed that incompatibilist accounts in general are incoherent, but rather that any incompatibilist account (...) that requires that an agent have alternative possibilities at the point of a free action fails. (shrink)

If an individual is morally responsible, then there is a responsibility-foundation that makes him morally responsible, but there is no responsibility-foundation that makes him responsible. This rested on the notion that if there were a responsibility-foundation, it would be either an ungrounded choice or an ungrounded character state and that neither can serve as the foundation. The paper then considered three types of objections. First, moral responsibility does not require a responsibility-foundation. Second, a character state can serve as the foundation. (...) Third, we know people are responsible even if we don't know what the foundation is. These objections fail. (shrink)

An agent who is the victim of covert and nonconstraining control is unaware of being controlled and controllers get their way by manipulating the victims so that they willingly do what the controllers desire. Our primary objective is to argue that if cases of CNC manipulation undermine compatibilist accounts of the sort of control required for moral responsibility, they also undermine various agent‐causal and non‐agent‐causal libertarian accounts as well.

Social constructionist explanations of human thought and behavior hold that our representations produce and regulate the categories, thoughts, and behaviors of those they represent. Performative versions of constructionist accounts explain these thoughts and behaviors as part of an intentional, strategic performance that is elicited and regulated by our representations of ourselves. This paper has four aims. First, I sketch a causal model of performative social constructionist claims. Second, I articulate a puzzling feature of performative claims that makes them seem especially (...) implausible: the puzzle of intention and ignorance. Like other constructionists, performative constructionists are especially interested in explaining thoughts and behaviors that are widely but mistakenly believed to be the unintentional consequences of membership in a natural kind. But why doesn’t the intentional performance of a category undermine this ignorance? My third aim is to resolve this puzzle. I suggest that a plausible understanding can be found in the failure to locate one’s mental states in a causal explanation of one’s thoughts and actions. Finally, I argue that this model implies that the sorts of theories we offer of particular behaviors can create or destroy agency and responsibility with regard to those behaviors. (shrink)

The so-called Direct Argument for the incompatibility of moral responsibility and causal determinism depends on a rule of inference called Rule A, a rule that says no one is even partly morally responsible for a necessary truth. While most philosophers think that Rule A is valid, Stephen Kearns has recently offered several alleged counterexamples to the rule. In the paper, I show that Kearns’ counterexamples are unsuccessful.

I argue that one’s responsibility for one’s emotions has a two-fold structure: one bears direct responsibility for emotions insofar as they are the upshot of first-order evaluative judgements concerning reasons of fit; and one bears derivative responsibility for them insofar as they are consequences of activities of emotional self-regulation, which can reflect one’s take on second-order reasons concerning the strategic, prudential, or moral desirability of undergoing a particular emotion in a particular context.

What if neurofeedback or other types of neurotechnological treatment, by itself or in combination with behavioral treatment, could achieve a successful “rewiring” of the psychopath’s brain? Imagine that such treatments exist and that they provide a better long-term risk-minimizing strategy compared to imprisonment. Would it be ethical to offer such treatments as a condition of probation, parole, or prison release? In this paper, I argue that it can be ethical to offer effective, non-invasive neurotechnological treatments to offenders as a condition (...) of probation, parole, or prison release provided that: the status quo is in no way cruel, inhuman, degrading, or in some other way wrong, the treatment option is in no way cruel, inhuman, degrading, or in some other way wrong, the treatment is in the best interests of the offender, and the offender gives his/her informed consent. (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)

The forensic psychiatrist’s task is often considered to be tightly connected to the concept of free will. Yet, there is also a lack of clarity about the role of the concept of free will in forensic psychiatry. Recently, Morse has argued that forensic psychiatrists should not mention free will in their reports or testimonies, and, moreover, that they should not even think about free will. Starting from a discussion on Morse’s claims, I will develop my own view on how forensic (...) psychiatrists are confronted with the issue of free will and how they should deal with this concept and the confusion surrounding it. I conclude that psychiatrists should at least feel free to think about free will and that the conceptual challenges connected to the issues of free will and accountability could rather encourage than deter forensic psychiatrists to think about them. (shrink)

In exploring the impact of cognitive science findings on compatibilist theories of moral responsibility such as Fischer and Ravizza’s, most attention has focused on whether agents are, in fact, responsive to reasons. In doing so, however, we have largely ignored our improved understanding of agents’ epistemic access to their reasons for acting. The “ownership” component of Fischer and Ravizza’s theory depends on agents being able to see the causal efficacy of their conscious deliberation. Cognitive science studies make clear that a (...) variety of situational factors, implicit attitudes, and unconscious mental states influence agents’ behavior, and that they are generally unaware of their impact. If an agent is skeptical of the extent to which her conscious deliberation has causal upshots in the world, then she – like a natural incompatibilist – may not take ownership over her action-generating mechanism. Instead, she may seek a more general account of moral responsibility or revise her moral intuitions altogether. (shrink)

This short review examines the work of four Canadian scholars addressing a variety of questions about criminal responsibility. The essays under review are a small part of a recent collection of essays entitled “Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law.”.

Philosophical compatibilism reconciles moral responsibility with determinism, and some neurolaw scholars think that it can also reconcile legal views about responsibility with scientific findings about the neurophysiological basis of human action. Although I too am a compatibilist, this paper argues that philosophical compatibilism cannot be transplanted “as-is” from philosophy into law. Rather, before compatibilism can be re-deployed, it must first be modified to take account of differences between legal and moral responsibility, and between a scientific and a deterministic world view, (...) and to address a range of conceptual, normative, empirical and doctrinal problems that orbit its capacitarian core. (shrink)

One of the most influential accounts of blame—the affective account—takes its cue from P.F. Strawson’s discussion of the reactive attitudes. To blame someone, on this account, is to target her with resentment, indignation, or (in the case of self-blame) guilt. Given the connection between these emotions and the demand for regard that is arguably central to morality, the affective account is quite plausible. Recently, however, George Sher has argued that the affective account of blame, as understood both by Strawson himself (...) and by contemporary Strawsonians, is inadequate because it cannot make sense of blameworthiness. In this paper I defend the affective account of blame against several of Sher’s arguments for this conclusion. In the process, I clarify the Strawsonian account of moral responsibility, and I discuss how the affective account of blame ought to be understood and articulated. (shrink)

Manipulation arguments are commonly deployed to raise problems for compatibilist theories of responsibility. These arguments proceed by asking us to reflect on an agent who has been manipulated to perform some (typically bad) action but who still meets the compatibilist conditions of responsibility. The incompatibilist argues that it is intuitive that the agent in such a case is not responsible even though she met the compatibilist conditions. Thus, it is argued, the compatibilist has not provided conditions sufficient for responsibility. Patrick (...) Todd has recently argued that incompatibilists have taken on a heavier dialectical burden than is necessary. Todd argues that incompatibilists need not argue that an agent in a manipulation case is not at all responsible, but only that her responsibility is mitigated in order to refute compatibilism. Hannah Tierney has responded to Todd’s argument by arguing that a compatibilist can admit that manipulation mitigates responsibility without eliminating it. I argue that Tierney’s response is unsuccessful on its own terms. But, I argue, Todd’s argument can be resisted by way of a parallel counter-argument for compatibilism. I argue that Todd’s argument for incompatibilism is no more powerful than my argument for compatibilism. And since Todd’s manipulation argument is offered as an objection to compatibilism, this amounts to a victory for the compatibilist; the objection is defused. (shrink)