Twentieth century philosophers introduced the distinction between “objective rightness” and “subjective rightness” to achieve two primary goals. The first goal is to reduce the paradoxical tension between our judgments of (i) what is best for an agent to do in light of the actual circumstances in which she acts and (ii) what is wisest for her to do in light of her mistaken or uncertain beliefs about her circumstances. The second goal is to provide moral guidance to an agent who (...) may be uncertain about the circumstances in which she acts, and hence is unable to use her standard moral principle directly in deciding what to do. This paper distinguishes two important senses of “moral guidance”; proposes criteria of adequacy for accounts of subjective rightness; canvasses existing definitions for “subjective rightness”; finds them all deficient; and proposes a new and more successful account. It argues that each comprehensive moral theory must include multiple principles of subjective rightness to address the epistemic situations of the full range of moral decision-makers, and shows that accounts of subjective rightness formulated in terms of what it would reasonable for the agent to believe cannot provide that guidance. -/- . (shrink)

In this paper, I argue that a constitutionalized Harm Principle could ensure that people are not jailed unless they deserve it. I do not aim to outline every possible type of bad consequence beyond harm that might be sufficiently serious to justify criminalization. Instead, I focus on criminalization that is backed up with jail terms and I argue that wrongful harm to others provides the only moral and constitutional justification for sending people to jail. Imprisonment harms the prisoner, so she (...) should not be imprisoned unless she has caused proportionate harm to others. I argue that the sufficient conditions for sending an offender to jail are: (1) that the offender's actions have (or risk) bad consequences that are sufficiently harmful to make her commensurately deserving of penal detention; and (2) that the offender culpably (that is, with a state of mind somewhere along the intentional/reckless/gross negligence continuum) chose (aimed or attempted) to bring about those bad consequences or did so with reckless indifference. The lawmaker would need to demonstrate from the ex ante perspective that proposed offenses carrying jail sentences are a proportionate and fair way of dealing with the wrongs involved. Because jail (including short sentences of a few days) involves hard treatment (seriously harmful consequences for the prisoner) harm to others would be the only bad consequence of sufficient weight to justify a jail sentence. Jailing people for wrongful behavior that has harmless consequences would be an unjust and disproportionate response. In terms of understanding imprisonment (a physical deprivation of liberty) in the United States, it is better to refer to the Eighth Amendment of the Constitution than to the Due Process Clause. The Eighth Amendment, if read morally, could be invoked to strike down laws that carry prison sentences for wrongs that do not result in harm to others. This is because harming a person by subjecting her to the hard treatment that is involved in serving a jail term would be a disproportionate response unless the wrongdoer inflicted equivalent harm on others. I argue, that the Eighth Amendment should be interpreted in a way that accords with its overall moral aim or purpose. The Amendment's overall moral aim is to ensure that the state does not inflict unjust, oppressive, or disproportional punishments on its citizens. (shrink)

I assess Robert Kane's view that global Frankfurt-type cases don't show that freedom to do otherwise is never required for moral responsibility. I first adumbrate Kane's indeterminist account of free will.This will help us grasp Kane's notion of ultimate responsibility, and his claim that in a global Frankfurt-type case, the counterfactual intervener could not control all of the relevant agent's actions in the Frankfurt manner, and some of those actions would be such that the agent could have done otherwise. Appealing (...) to considerations of responsibility and luck, I then show that the global cases survive Kane's objections. (shrink)

The Milgram and other situationist experiments support the real-life evidence that most of us are highly akratic and heteronomous, and that Aristototelian virtue is not global. Indeed, like global theoretical knowledge, global virtue is psychologically impossible because it requires too much of finite human beings with finite powers in a finite life; virtue can only be domain-specific. But unlike local, situation-specific virtues, domain-specific virtues entail some general understanding of what matters in life, and are connected conceptually and causally to our (...) traits in other domains. The experiments also make us aware of how easily unobtrusive situational factors can tap our susceptibilities to obedience, conformity, irresponsibility, cruelty, or indifference to others’ welfare, thereby empowering us to change ourselves for the better. Thus, they advance the Socratic project of living the examined life. I note a remarkable parallel between the results of the baseline Milgram experiments and the results of the learned helplessness experiments by Martin Seligman et al. This provides fresh insight into the psychology and character of the obedient Milgram subjects, and I use this insight to argue that pusillanimity, as Aristotle conceives of it, is part of a complete explanation of the behavior of the obedient Milgram subjects. (shrink)

An influential tradition in moral philosophy attempts to explain an immoral action by reference to the defect in reasoning on the part of an immoral agent. On this view, the requirements of morality are not only sanctioned by the more general requirements of rationality, but the violations of the moral requirements would be indicative of a rational failure. In this article I argue that ascription of irrationality to amoral individuals (e.g., psychopaths) is either empirically false, or else, conceptually problematic. An (...) interpretation of irrationality in its instrumental sense fails to do justice to the results of the research concerning the intelligence of some amoralists, whereas the suggestion that the alleged cognitive deficiency lies at the level of final ends and ultimate values faces serious theoretical difficulties. All attempts to construe the notion of an external reason for action without reference to the agent's actual goals and values bespeak an objectivist's bias, rest on controversial assumptions, and tend to alienate the agent from the proposed set of reasons. The argument is partly based on the analysis of reasoning of Ted Bundy, a notorious serial murderer, who presents a rather sophisticated justification for his criminal behavior. (shrink)

In this journal, Luke Russell defends a sophisticated dispositional account of evil personhood according to which a person is evil just in case she is strongly and highly fixedly disposed to perform evil actions in conditions that favour her autonomy. While I am generally sympathetic with this account, I argue that Russell wrongly dismisses the mirror thesis—roughly, the thesis that evil people are the mirror images of the morally best sort of persons—which I have defended elsewhere. Russell’s rejection of the (...) mirror thesis depends upon an independently implausible account of moral sainthood, one that is implausible for reasons that Russell himself suggests in another context. Indeed, an account of moral sainthood that parallels Russell’s account of evil personhood is plausible for the same reasons that his account of evil personhood is, and that suggests that Russell himself is actually committed to the mirror thesis. (shrink)

To lead an environmentally virtuous life requires information—about morality, environmental issues, the impacts of our actions and commitments, our options for alternatives, and so on. On the other hand, we are finite beings with limited time and resources. We cannot feasibly investigate all of our options, and all environmental issues (let alone moral issues, more broadly). In this paper I attempt to provide initial steps towards addressing the epistemic demands of environmental virtue. In the first half of the paper I (...) provide rules of thumb with respect to (1) how to prioritize our investigations into various issues, and (2) what kinds of information we should seek with respect to these issues, and the levels of epistemic justification we ought to attain. In the second half of the paper, I turn to a modified virtue ethics, appealing to the attitudes of virtuous ideal observers to provide characterizations of morally justified and morally non-culpable actions. I then apply these latter concepts in assessing agents, their actions and projects (with respect to environmental virtue), in light of their investigative efforts, and given their particular circumstances. (shrink)

Computer ethicists have for some years been troubled by the issue of how to assign moral responsibility for disastrous events involving erroneous information generated by expert information systems. Recently, Jeroen van den Hoven has argued that agents working with expert information systems satisfy the conditions for what he calls epistemic enslavement. Epistemically enslaved agents do not, he argues, have moral responsibility for accidents for which they bear causal responsibility. In this article, I develop two objections to van den Hoven’s argument (...) for epistemic enslavement of agents working with expert information systems. (shrink)

Many writers accept the following thesis about responsibility: (R) For one to be responsible for something is for one to be such that it is fitting that one be the object of some reactive attitude with respect to that thing. This thesis bears a striking resemblance to a thesis about value that is also accepted by many writers: (V) For something to be good (or neutral, or bad) is for it to be such that it is fitting that it be (...) the object of some pro-attitude (or indifference, or some contra-attitude). V has been the subject of intense debate in recent years, in part because of its incorporation into what has come to be called the “buck-passing” account of value. In particular, V is open to three challenges: that it is not necessarily the case that whatever is good is the fitting object of a pro-attitude; that it is not necessarily the case that whatever is the fitting object of a pro-attitude is good; and that, even if there is a strict equivalence between what is good and what is the fitting object of a pro-attitude, still the former is not to be analyzed in terms of the latter. The resemblance between V and R has not been previously commented on, but, once it is recognized, it is clear that R is open to challenges that resemble those to which V is vulnerable. This paper explores both the challenges to V and the parallel challenges to R and discusses responses that may be given to these challenges. The interrelation between V and R is then examined, and a general lesson is drawn concerning how to adjudicate disputes about the nature of moral responsibility. (shrink)

The research into the typical behavioral pattern, motivational structure, and the value system of psychopaths can shed light on at least three aspects related to the analysis of the moral agency. First, it can help elucidating the emotive and cognitive conditions necessary for moral performance. Secondly, it can provide empirical evidence supporting the externalist theories of moral motivation. Finally, it can bring into greater focus our intuitive notion of the limits of moral responsibility. In this paper I shall concentrate on (...) the last one—the question of responsibility of the amoralists, but the discussion will have an indirect bearing on the other two themes as well. My main reason for holding psychopaths morally responsible breaks down into two claims: the assumption that most ordinary people are morally responsible for their intentional actions and the denial that the psychopaths are qualitatively different from the non-psychopaths. This thesis is further defended against two objections. First, I am arguing that the genetically based emotive deficiency of the psychopaths cannot be seen the factor condemning them to amoral existence, and thus cannot be cited as an exempting condition. Secondly, my position is defended against the claim that psychopaths are partly responsible for their actions. It is argued that the notion of partial responsibility is either incoherent or else rests on a false empirical premise. My conclusion is in agreement with, and provides a theoretical justification for, the position of most classifications of the persons with antisocial personality disorder in the DSM IV. (shrink)

Jonathan Haidt's The Righteous Mind seeks to explain why it is difficult for liberals and conservatives to get along. His aim is not just explanatory but also prescriptive. Once we understand that the differences between disputants spring from distinct moral views held by equally sincere people, then we will no longer have reason for deep political animus. Conservatives and Liberals have distinct moral views and they understand human nature differently. He claims that these differences are best understood by consulting an (...) array of psychological studies, key genetic findings, and the theoretical underpinnings of sociobiology. After summarizing his arguments, we isolate and discuss the three most important and contentious issues in his book. We argue that although the project's motivation is noble and some of his findings are insightful, his key explanations, inferences, and prescriptions are wanting. We end by suggesting a way he could defend a weaker version of his view. (shrink)

Following the rise of virtue and character education, educational philosophers have recently given much attention to questions relating to virtue and the good. This, however, has not been paralleled by a similar interest in vice and evil, which, in this context, are examined only rarely. In this article, I use the work of the American philosopher John Kekes as a backdrop for discussing the role coping with vice and evil should play in virtue and character education. I show how Kekes’ (...) assumptions that people have natural inclinations towards both virtue and vice and that evil and vice are an inevitable part of human existence lead to the idea that character education should explicitly discuss not only the virtues but also the vices, that it should promote self-control and that it should bring people to recognize that they have mixed moral inclinations. I then argue that even if we reject Kekes’ key assumptions, embracing these three ideas that attempt to provide means to counter the vices might still have marked benefits for character education. The article concludes by suggesting that while the ideas that stem from Kekes’ approach should not necessarily be embraced, the themes that they raise call for greater consideration and further analysis. (shrink)

One clear reason why human agents often act badly is because they are insufficiently attentive to moral considerations and concerns, or tempted to ignore these in pursuit of more immediate satisfactions. In so far as madness, insanity or mental instability may be regarded as undermining moral agency, it might also be supposed that such madness attaches more to the non-moral than the moral reasons or motives of agents. Still, the well-known quote from Chesterton at the start of this paper may (...) give pause to conventional thought on this matter. With reference to the ideas of Plato and Freud, as well as attention to literary and cinematic "case studies," this paper argues that moral reasons and motives – of an apparently Chestertonian kind – may be a prime source of morally "insane" conduct. (shrink)

Almost everyone allows that conditions can obtain that exempt agents from moral responsibility—that someone is not a morally responsible agent if certain conditions obtain. In his seminal Freedom and Resentment, Peter Strawson denies that the truth of determinism globally exempts agents from moral responsibility. As has been noted elsewhere, Strawson appears committed to the surprising thesis that being an evil person is an exempting condition. Less often noted is the fact that various Strawsonians—philosophers sympathetic with Strawson’s account of moral responsibility—at (...) least appear to have difficulty incorporating evil persons into their accounts of moral responsibility. In what follows, I argue that Strawson is not committed to supposing that being evil is an exempting condition—at least, that he can allow that evil persons are morally responsible agents. (shrink)