It is clear that lack of awareness of the consequences of an action can undermine moral responsibility and blame for these consequences. But when and how it does so is controversial. Sometimes an agent believing that the outcome might occur is excused because it seemed unlikely to her, and sometimes an agent having no idea that it would occur is nevertheless to blame. A low or zero degree of belief might seem to excuse unless the agent “should have known better”, (...) but it is unclear how to spell out this normative condition. -/- This chapter combines (a) an independently motivated account of responsibility, blame, and credit as grounded in a normal explanatory relation between agential qualities and objects of responsibility with (b) the familiar Strawsonian idea that moral blame and credit depend on the agent’s quality of will. The resulting explanatory quality of will condition on moral responsibility is then further motivated by being shown to account for the effects on moral blame and credit of justifications, as well as of excuses and undermined control in cases not involving ignorance. -/- The explanatory quality of will condition is finally applied to cases involving various degrees of lack of awareness. Though this condition itself involves no awareness requirement, it is shown how it accounts for the degrees to which lack of awareness can excuse. It is also explained how lack of awareness fails as an excuse exactly when the agent should have known better and can be blamed for not doing so. (shrink)

In this paper I will be arguing that there are cases in which a subject, S, should have known that p, even though, given her state of evidence at the time, she was in no position to know it. My argument for this result will involve making two claims. The uncontroversial claim is this: S should have known that p when another person has, or would have, legitimate expectations regarding S’s epistemic condition, the satisfaction of these expectations would require that (...) S knows that p, and S fails to know that p. The controversial claim is that these three conditions are sometimes jointly satisfied. I will spend the majority of my time defending the controversial claim. I will argue that there are two main sources of legitimate expectations regarding another’s epistemic condition: participation in a legitimate social practice ; and moral and epistemic expectations more generally . In developing my position on this score, I will have an opportunity to defend the doctrine that there are “practice-generated entitlements” to expect certain things, where it can happen that the satisfaction of these expectations requires another’s having certain pieces of knowledge; to contrast practice-generated entitlements to expect with epistemic reasons to believe; to defend the idea that moral and epistemic standards themselves can be taken to reflect legitimate expectations we have of each other; to compare the “should have known” phenomenon with a widely-discussed phenomenon in the ethics literature—that of culpable ignorance; and finally to suggest the bearing of the “should have known” phenomenon to epistemology itself. (shrink)

It is widely agreed that ignorance of fact exculpates, but does moral ignorance exculpate? If so, does it exculpate in the same way as non-moral ignorance? In this paper I will argue that on one family of views explaining exculpating non-moral ignorance also explains exculpating moral ignorance. The view can be loosely stated in the following way: ignorance counts as an excuse only if it is not the result of a failure to meet some applicable reasonable epistemic standard—call this the (...) Reasonable Epistemic Standards Thesis and call views that accept some version of this principle reasonable standards views. I argue that any plausible reasonable standards view ought to allow that moral ignorance exculpates, at least sometimes, and defend such views against the charge that they are susceptible to clear counterexamples. (shrink)

It is gratifying to me, though perhaps it will be disappointing to you, to discover that Neil Levy and I agree on much of what to say about the morality of punishment. His summary of the contents of The Immorality of Punishment is both generous and, for the most part, accurate, and the concerns that he raises are certainly reasonable. In what follows, I will address what I take to be the most significant of these concerns.IAs Levy notes, in the (...) book I discuss alleged moral justifications of legal punishment that have been proposed both from a retributivist and from a non-retributivist perspective. What I take to be my two most significant arguments—the Argument from Ignorance and the Argument from Luck—concern the former perspective, but let me say something first about some of the reasons I gave for doubting that legal punishment can be morally justified on non-retributivist grounds. I considered three such grounds: rehabilitation, by either educative or non-educative means, of the pe .. (shrink)

Research shows that a high majority of parents receiving prenatal diagnosis of intellectual disability terminate pregnancy. They have reasons for rejecting a child with intellectual disabilities—these reasons are, most commonly, beliefs about quality of life for it or them. Without a negative evaluation of intellectual disability, their choice makes no sense. Disability-based abortion has been critiqued through virtue ethics for being inconsistent with admirable moral character. Parental selectivity conflicts with the virtue of acceptingness and exhibits the vice of wilfulness. In (...) this paper I claim that, beyond failures of moral virtue, disability abortion often involves failures of epistemic virtue on the part of parents. I argue two things: parents believe something false, or at least contested, about life with intellectual disability—and they do so because they are not epistemically conscientious. I first explain why a central motivation for disability abortion—that it prevents harm to the child—is mistaken. I next give a brief account of intellectual virtue and culpable ignorance. I then indicate why many parents fail to be intellectually virtuous when choosing to terminate pregnancy. I focus on elimination of intellectual disability and have little to say about physical and sensory impairments. (shrink)

People are often responsible for what they do, but they also often possess an excuse. One of the most common excuses is ignorance. Not all ignorance constitutes an excuse, however, for some ignorance is culpable and culpable ignorance is no excuse. But what about group agents? In our everyday practices, we blame group agents constantly. But if groups can be blameworthy, they plausibly can also be excused. Surely one such excuse is ignorance. But, as with individual agents, some group ignorance (...) is also surely culpable. How should we understand the culpable ignorance of group agents? In this paper, I argue for two conditional claims that together constitute what I call the Group Justification Thesis, which is a group-agent adaptation of the Justification Thesis put forth by Biebel [(2018). ‘Epistemic Justification and the Ignorance Excuse.’ Philosophical Studies 175 (12): 3005–3028]: (i) A group agent is excused because of ignorance only if that ignorance is justified, and (ii) a group agent is culpable despite being ignorant only if that ignorance is not justified. One interesting upshot of this view is that a group agent can be culpably ignorant even though none of the members are culpable for their ignorance. (shrink)