Philosophy and Phenomenological Research, EarlyView.

Some people argue that the distribution of medical resources should be sensitive to agents’ responsibility for their ill-health. In contrast, others point to the social determinants of health to argue that the collective agents that control the conditions in which agents act should bear responsibility. To a large degree, this is a debate in which those who hold individuals responsible currently have the upper hand: warranted appeals to individual responsibility effectively block allocation of any significant degree of responsibility to collective (...) agents. We suggest that a different understanding of individual responsibility might lead to a fairer allocation of blame. Scaffolded agency is individual agency exercised in a context in which opportunities and affordances are structured by others. Appeals to scaffolded agency at once recognize the role of the individual and of the collective agents who have put the scaffolds in place. (shrink)

Many people presume that you can permissibly support the good features of a symbol, person, activity, or work of art while simultaneously denouncing its bad features. This chapter refines and assesses this commonsense (but undertheorized) moral justification for supporting problematic people, projects, and political symbols, and proposes an analogue of the Doctrine of Double Effect called the Doctrine of Double Endorsement (DDN). DDN proposes that when certain conditions are met, it is morally permissible to directly endorse some object in virtue (...) of its positive properties while standing against its negative properties, even though it would be morally impermissible to directly endorse those negative properties themselves. These conditions include separability (the good and bad features must not be inextricably linked), proportionality (the positive value of the good features must be significantly greater than the negative value of the bad features), and constrained choice (there must not be other things that the agent could endorse instead that share the same positive features but are not saddled with the negative ones). The chapter applies these constraints to a number of practical issues, including (among others) voting for morally troubling candidates, supporting Confederate monuments, and consuming sexist art. (shrink)

Can nonhuman animals and artificial intelligence (AI) entities be attributed moral agency? The general assumption in the philosophical literature is that moral agency applies exclusively to humans since they alone possess free will or capacities required for deliberate reflection. Consequently, only humans have been taken to be eligible for ascriptions of moral responsibility in terms of, for instance, blame or praise, moral criticism, or attributions of vice and virtue. Animals and machines may cause harm, but they cannot be appropriately ascribed (...) moral responsibility for their behavior. This thesis challenges the conventional paradigm by proposing an alternative approach where moral agency is conceived as the competence to participate in moral responsibility practices. By shifting focus from intra-individual to contextual and socially situated features, this practice-focused approach appears to make the attribution of moral agency to nonhuman animals and AI entities more plausible than commonly assumed. Moreover, considering the current and potential future prevalence of nonhuman animals and AI entities in everyday settings and social contexts, a potential extension of moral agency to such entities could very well transform our social, moral, and legal practices. Hence, this thesis proposes that the attribution or withholding of moral agency to different entities should be carefully evaluated, considering the potential normative implications. (shrink)

In this paper I investigate which of the main conditions proposed in the moral responsibility literature are the ones that spell trouble for the idea that Artificial Intelligence Systems could ever be full-fledged responsible agents. After arguing that the standard construals of the control and epistemic conditions don’t impose any in-principle barrier to AISs being responsible agents, I identify the requirement that responsible agents must be aware of their own actions as the main locus of resistance to attribute that kind (...) of agency to AISs. This is because this type of awareness is thought to involve first-person or de se representations, which, in turn, are usually assumed to involve some form of consciousness. I clarify what this widespread assumption involves and conclude that the possibility of AISs’ moral responsibility hinges on what the correct theory of de se representations ultimately turns out to be. (shrink)

I consider three challenges to the traditional view according to which moral responsibility involves an epistemic condition in addition to a freedom condition. The first challenge holds that if a person performs an action A freely, then she thereby knows that she is doing A. The epistemic condition is thus built into the freedom condition. The second challenge contends that no epistemic condition is required for moral responsibility, since a person may be blameworthy for an action that she did not (...) know was wrong. The third challenge invokes the quality of will view. On this view, a person is blameworthy for a wrong action just in case the action manifests a bad quality of will. The blameworthy person need not satisfy an additional epistemic condition. I will argue that contrary to appearances, none of these challenges succeeds. Hence, moral responsibility does require a non-superfluous epistemic condition. (shrink)

Typical incompatibilists about moral responsibility and determinism contend that being basically morally responsible for a decision one makes requires that, if that decision has proximal causes, it is not deterministically caused by them. This article develops a problem for this contention that resembles what is sometimes called the problem of present (or cross-world) luck. However, the problem makes no reference to luck nor to contrastive explanation. This article also develops a solution.

This essay sketches a problem about luck for typical incompatibilist views of free will posed in Alfred Mele, Free Will and Luck , and examines recent reactions to that problem. Reactions featuring appeals to agent causation receive special attention. Because the problem is focused on decision making, the control that agents have over what they decide is a central topic. Other topics discussed include the nature of lucky action and differences between directly and indirectly free actions.

This article explores the conceptual connections between free action and action for which the agent is morally responsible. Questions addressed include the following. Can agents who are never morally responsible for anything sometimes act freely? Can agents who never act freely be morally responsible for some of their actions? Various compatibilist and incompatibilist responses to these questions are discussed, as is the control over their behavior that ordinary agents attribute to themselves.

This article’s aim is to shed light on direct control, especially as it pertains to free will. I sketch two ways of conceiving of such control. Both sketches extend to decision making. Issues addressed include the problem of present luck and the relationship between direct control and complete control.

In response to the problem of Hell, Buckareff and Plug (Relig Stud 41:39–54, 2005; Relig Stud 45:63–72, 2009) have recently proposed and defended an ‘escapist’ conception of Hell. In short, they propose that the problem of Hell does not arise because God places an open-door policy on Hell. In this paper, I expose a fundamental problem with this conception of Hell—namely, that if there’s an open door policy on Hell, then there should be one on Heaven too. I argue that (...) a coherent conception of Heaven cannot have such a policy. Hence, escapism is not an adequate response to the problem of Hell. (shrink)

Frankfurt-style cases purport to show that an agent can be morally responsible for an action despite not having any alternatives. Some critics have responded by highlighting various alternatives that remain in the cases presented, while Frankfurtians have objected that such alternatives are typically not capable of grounding responsibility. In this essay I address the recent suggestion by Seth Shabo that only alternatives associated with the ‘up to us’ locution ground moral responsibility. I distinguish a number of kinds of ability, suggest (...) which kinds of abilities ground the truth of the ‘up to us’ locution, and outline how these distinctions apply to the indeterministic buffer cases. (shrink)

In this paper, we set out to test empirically an idea that many philosophers find intuitive, namely that non-moral ignorance can exculpate. Many philosophers find it intuitive that moral agents are responsible only if they know the particular facts surrounding their action. Our results show that whether moral agents are aware of the facts surrounding their action does have an effect on people’s attributions of blame, regardless of the consequences or side effects of the agent’s actions. In general, it was (...) more likely that a situationally aware agent will be blamed for failing to perform the obligatory action than a situationally unaware agent. We also tested attributions of forgiveness in addition to attributions of blame. In general, it was less likely that a situationally aware agent will be forgiven for failing to perform the obligatory action than a situationally unaware agent. When the agent is situationally unaware, it is more likely that the agent will be forgiven than blamed. We argue that these results provide some empirical support for the hypothesis that there is something intuitive about the idea that non-moral ignorance can exculpate. (shrink)

I first clarify the idea that blameworthiness requires consciousness as the view that one can be blameworthy only for what is a response to a reason of which one is conscious. Next I develop the following argument: blameworthiness requires exercising control in a way distinctive of persons and doing this, in view of what it is to be a person, requires responding to a reason of which one is conscious. Then I defend this argument from an objection inspired by Arpaly (...) and Schroeder according to which responding to moral reasons suffices for exercising control distinctive of persons. (shrink)

Assuming that an agent can be morally responsible for her forgetting to do something, we can use recent psychological research on prospective memory to assess the psychological assumptions made by normative accounts of the moral responsibility for forgetting. Two accounts of moral responsibility (control accounts and valuative accounts) have been prominent in recent debates about the degree to which agents are blameworthy for their unwitting omissions. This paper highlights the psychological assumptions concerning remembering and forgetting that characterise the accounts. The (...) paper then introduces and reviews recent empirical literature on prospective memory. Finally, it uses the literature to assess the various assumptions. One important implication is that a direct capacitarian control account implies implausible assumptions about the psychological capacity for remembering. A second important implication is that an indirect capacitarian control account and a valuative account highlight different but complementary aspects of remembering and forgetting. (shrink)

This paper argues that two single-factor accounts of exploitation are inadequate and instead defends a two-factor account. Purely distributive accounts of exploitation, which equate exploitation with unfair transaction, make exploitation pervasive and cannot deliver the intuition that exploiters are blameworthy. Recent, non-distributive alternatives, which make unfairness unnecessary for exploitation, largely avoid these problems, but their arguments for the non-necessity of unfairness are unconvincing. This paper defends a two factor account according to which A exploits B iff A gains unfairly from (...) B and either A believes that the gains he receives in the transaction wrong B, or A is culpably unaware that the gains he receives in the transaction wrong B. This account avoids the problems of non-distributive approaches and also delivers the intuition that exploiters are blameworthy. (shrink)

Given the pervasiveness of habit in human life, the distinctive problems posed by habitual acts for accounts of moral responsibility deserve more attention than they have hitherto received. But whereas it is hard to find a systematic treatment habitual acts within current accounts of moral responsibility, proponents of such accounts have turned their attention to a topic which, I suggest, is a closely related one: unwitting omissions. Habitual acts and unwitting omissions raise similar issues for a theory of responsibility because (...) they likewise invite us to rethink the assumption that moral responsibility requires awareness of the relevant features of one’s conduct. And given the increasing interest in the problem of responsibility for unwitting omissions, it is reasonable to expect that the theoretical moves made in response to this problem might be used to make sense of judgments of responsibility regarding habitual acts. I substantiate these points by inquiring into whether some well-known accounts of unwitting omissions can be used to explain how we can be responsible for things we do out of habit. (shrink)

As neuroscience progresses, we will not only gain a better understanding of how our brains work, but also a better understanding of how to modify them, and as a result, our mental states. An important question we are faced with is whether the state could be justified in implementing such methods on criminal offenders, without their consent, for the purposes of rehabilitation and reduction of recidivism; a practice that is already legal in some jurisdictions. By focusing on a prominent type (...) of view of free action, which I call bypassing views, this paper evaluates how such interventions may negatively impact the freedom of their subjects. The paper concludes that there will be a tension between the goals of rehabilitation and reduction of recidivism, on the one hand, and the negative impact such interventions may have on free action, on the other. Other things equal, the better that a particular intervention is at achieving the former, the more likely it is to result in the latter. (shrink)

When it comes to determining how healthcare resources should be allocated, there are many factors that could—and perhaps should—be taken into account. One such factor is a patient’s responsibility for his or her illness, or for the behavior that caused it. Policies that take responsibility for the unhealthy lifestyle or its outcomes into account—responsibility-sensitive policies—have faced a series of criticisms. One holds that agents often fail to meet either the control or epistemic conditions on responsibility with regard to their unhealthy (...) lifestyles or their outcomes. Another holds that even if patients sometimes are responsible for these items, we cannot know whether a particular patient is responsible for them. In this article, we propose a type of responsibility-sensitive policy that may be able to surmount these difficulties. Under this type of policy, patients are empowered to change to a healthier lifestyle by being given what we call a ‘Golden Opportunity’ to change. Such a policy would not only avoid concerns about patients’ fulfilment of conditions on responsibility for their lifestyles, it would also allow healthcare authorities to be justified in believing that a patient who does not change her lifestyle is responsible for the unhealthy lifestyle. We conclude with a discussion of avenues for further work, and place this policy in the broader context of the debate on responsibility for health. (shrink)

In a series of recent papers, Justin Capes and Philip Swenson and Michael Robinson have proposed new versions of the flickers of freedom reply to Frankfurt-style cases. Both proposals claim, first, that what agents in FSCs are morally responsible for is performing a certain action on their own, and, second, that agents in FSCs retain robust alternative possibilities—alternatives in which the agent freely omits to perform the pertinent action on their own. In this paper, I argue that, by attending to (...) the details of the omissions in question, it becomes clear that agents in FSCs lack robust alternatives of this sort, for in the alternative sequences such agents do not freely omit. Since the problem for these recent proposals arises from their attempt to show that agents in FSCs retain robust alternatives, I go on to consider whether the flicker theorist might be better off either revising or rejecting the robustness requirement on alternative possibilities. I argue that neither alternative is available to the flicker theorist, and yet I also point out that the reasons why these alternatives are unavailable serve to highlight what exactly is at issue in the debate between leeway and sourcehood theorists, namely the grounds of our freedom. (shrink)

Is moral responsibility essentially historical, or does an agent's moral responsibility for an action depend only on their psychological structure at that time? In previous work, I have argued that the two main (non‐skeptical) views on moral responsibility and agents’ histories—historicism and standard structuralism—are vulnerable to objections that are avoided by a third option, namely history‐sensitive structuralism. In this paper, I develop this view in greater detail and evaluate the view by comparing it with its three dialectical rivals: skepticism about (...) moral responsibility, historicism, and standard structuralism. Each comparison includes discussion of new work on moral responsibility and agents’ histories, and along the way I offer new arguments for preferring history‐sensitive structuralism, paying special attention to the view's explanatory power. (shrink)

In this paper, I defend a version of compatibilism against luck-related objections. After introducing the types of luck that some take to be problematic for moral responsibility, I consider and respond to two recent attempts to show that compatibilism faces the same problem of luck that libertarianism faces—present luck. I then consider a different type of luck—constitutive luck—and provide a new solution to this problem. One upshot of the present discussion is a reason to prefer a history-sensitive compatibilist account over (...) a purely nonhistorical structuralist account. (shrink)

The problem known as Buridan’s Ass says that a hungry donkey equipoised between two identical bales of hay will starve to death. Indecision kills the ass. Some philosophers worry about human analogs. Computer scientists since the 1960s have known about the computer versions of such cases. From what Leslie Lamport calls ‘Buridan’s Principle’—a discrete decision based on a continuous range of input-values cannot be made in a bounded time—it follows that the possibilities for human analogs of Buridan’s Ass are far (...) more wide-ranging and securely provable than has been acknowledged in philosophy. We are never necessarily decisive. This is mathematically provable. I explore four consequences: first, increased interest of the literature’s solutions to Buridan’s Ass; second, a new asymmetry between responsibility for omissions and responsibility for actions; third, clarification of the standard account of akrasia; and, fourth, clarification of the role of credences in normative decision-theory. (shrink)

A version of the principle of alternate possibilities claims that one is only blameworthy for actions which one was able to avoid. Much of the discussion about PAP concerns Frankfurt’s counterexamples to it. After fifty years of refined debates, progress might seem hopeless. Yet, we can make headway by asking: “what’s our reason for believing PAP?” The best answer is this: lacking eligible alternatives—alternatives whose cost is not too high to reasonably opt for—is a good excuse. Yet, this principle is (...) subject to straightforward counterexamples, unless it is given an epistemicised reading. And in this latter case, it does not support PAP. So, PAP is unsupported, at least for now. (shrink)

In this paper, I offer a theory of autonomous agency that relies on the re-sources of a strongly cognitivist theory of intention and intentional action. On the proposed account, intentional action is a graded notion that is ex-plained via the agent’s degree of practical knowledge. In turn, autonomous agency is also a graded notion that is explained via the agent’s degree of practical understanding. The resulting theory can synthesize insights from both the hierarchical and the cognitivist theories of autonomy with (...) at least some aspects of the reason-responsiveness theories. Moreover, by treating practical knowledge and practical understanding as gradable no-tions, the paper offers a strategy to respond to enduring objections against cognitivism about intention, control, and autonomy. (shrink)

Natural compatibilists say that moral responsibility is compatible with natural (or causal) determinism, where natural events and laws of nature determine everything that happens. Theological compatibilists say that moral responsibility is compatible with theological determinism, where God (rather than natural events/laws) determines everything that happens. Some philosophers accept natural compatibilism but reject theological compatibilism, and, in this chapter, I argue that this combination of views is untenable I start with a discussion of why someone might be attracted to this combination (...) of views in the first place, which includes a discussion of the manipulation argument against compatibilism. Some natural compatibilists endorse “soft-line” responses to this argument—responses which imply theological incompatibilism. I argue that such “soft-line” approaches cannot succeed, and along the way I argue that their failure undermines Jason Turner’s recent compatibilist free will defense (in response to the problem of evil). I wrap up by considering some implications of my conclusion that natural compatibilists should be theological compatibilists, including whether my conclusion highlights the “cost” of compatibilism, as proponents of manipulation arguments sometimes allege, and also whether anything follows with regard to God’s standing to blame determined human agents. (shrink)

An encyclopedia article on the epistemic or knowledge condition for moral responsibility, written for the SEP.

This work develops a philosophically credible and psychologically realisable account of control that is necessary for moral responsibility. We live, think, and act in an environment of subjective uncertainty and limited information. As a result, our decisions and actions are influenced by factors beyond our control. Our ability to act freely is restricted by uncertainty, ignorance, and luck. Through three articles, I develop a naturalistic theory of control for action as a process of error minimisation that extends over time. Thus (...) conceived, control can serve to minimise the influence of luck on action and enable freedom in uncertainty. -/- In Article 1, Thor Grünbaum and I argue for a psychologically plausible account of the kind of control that is necessary for moral responsibility. We begin by establishing the relationship between agentive contribution and responsibility-level control. One way to determine whether one the right kind and degree of control to be morally responsible is to track one’s degree of contribution to an action. However, a psychologically plausible account of control in terms of agentive contribution may seem to contradict the types of functional-mechanistic explanations used in cognitive science. In cognitive psychology and cognitive neuroscience, personal-level capacities are explained by a set of sub-personal mechanisms. Often, such explanations leave no room for a contribution by the agent. By integrating insights from theories of cognitive control and incorporating them into a philosophical account of intentions, we propose a way of thinking about the distribution of cognitive control resources as something the agent does. -/- Article 2 argues that a classic argument concerning luck, originally aimed at libertarianism, generalises beyond any specific theory of free will, and regardless of whether determinism or indeterminism is true. I call this mental luck. Because we all make decisions under conditions of relative uncertainty and limited information, it is possible for an agent to make decisions that are contrary to their own motivation. In such situations, it may be a matter of luck whether the agent makes the right decision. Mentally lucky decisions are not rationally governed by attitudes within the agent's perspective, and thus, may be indistinguishable from unlucky ones. From the perspective of the agent, such decisions may resemble the outcome of a lottery. Therefore, mental luck poses a challenge to most prominent theories of free action and moral responsibility. -/- Finally, article 3 engages with the issue of resultant luck, namely luck in how things turn out. Resultant luck raises a challenge for theories of moral responsibility because its existence suggests that one may be responsible for factors beyond one’s control. Prominent responses to resultant luck led to a choice between internalism and scepticism. I argue that familiar cases of resultant luck are based on the assumption that actions are events. Instead, I propose an alternative ontology of action as an ongoing goal-directed process with a many-shots structure. Described this way, cases of resultant luck are not representative of ordinary action. The proposal of action as a many-shots process is consistent with predictive coding, a cognitive architecture which centres around error minimisation. Under this framework, cases of resultant more luck are no longer failures of action, but rather anticipated errors to be settled within the ordinary process of action. (shrink)

This paper presents a case for the claim that the infamous miners paradox is not a paradox. This contention is based on some important observations about the nature of ignorance with respect to both disjunctions and conditional obligations and their modal features. The gist of the argument is that given the uncertainty about the location of the miners in the story and the nature of obligations, the apparent obligation to block either mine shaft is cancelled.