The Top-Down Argument for the ability to do otherwise aims at establishing that humans can do otherwise in the sense that is relevant for debates about free will. It consists of two premises: first, we always need to answer the question of whether some phenomenon (such as the ability to do otherwise) exists by consulting our best scientific theories of the domain at issue. Second, our best scientific theories of human action presuppose that humans can do otherwise. This paper argues (...) that this is not enough to establish the conclusion. The Top-Down Argument supports that humans can do otherwise _in some sense_. But it does not show that humans can do otherwise _in the sense that is relevant for debates about free will_. The paper then shows that the apparently best way to make the argument valid does not work. (shrink)

One way of being responsible for an action is being praiseworthy for it. But what is the “praise” of which the praiseworthy agent is worthy? This paper provides a survey of answers to this question, i.e. a survey of possible accounts of praise’s nature. It then presents an overview of candidate norms governing our responses of praise. By attending to praise’s nature and appropriateness conditions, we stand to acquire a richer conception of what it is to be, and to regard (...) another as, a responsible agent. (shrink)

Central cases of moral blame suggest that blame presupposes that its target deserves to feel guilty, and that if one is blameworthy to some degree, one deserves to feel guilt to a corresponding degree. This, some think, is what explains why being blameworthy for something presupposes having had a strong kind of control over it: only given such control is the suffering involved in feeling guilt deserved. This chapter argues that all this is wrong. As evidenced by a wider range (...) of cases, blame doesn’t presuppose that the target deserves to feel guilt and doesn’t necessarily aim at the target’s suffering in recognition of what they have done. On the constructive side, the chapter offers an explanation of why, in many cases of moral blameworthiness, the agent nevertheless does deserve to feel guilt. The explanation leans on a general account of moral and non-moral blame and blameworthiness and a version of the popular idea that moral blame targets agents’ objectionable quality of will. Given the latter idea, the morally blameworthy have harmed the standing of some person or value, giving rise to obligations to give correspondingly less relative weight to their own standing, and so, sometimes, to their own suffering. (shrink)

ABSTRACT Recently, many authors have argued that claims about determinism and free will are situated on different levels of description and that determinism on one level does not rule out free will on another. This paper focuses on Christian List’s version of this basic idea. It will be argued for the negative thesis that List’s account does not rule out the most plausible version of incompatibilism about free will and determinism and, more constructively, that a level-based approach to free will (...) has better chances to meet skeptical challenges if it is guided by reasoning at the moral level – a level that has not been seriously considered so far by proponents of this approach. (shrink)

I argue that fitting resentment tracks unacceptable ‘ecological’ imbalances in relative social strength between victims and perpetrators that arise from violations of legitimate moral expectations. It does not respond purely, or even primarily, to offenders’ attitudes, and its proper targets need not be fully developed moral agents. It characteristically involves a wish for the restoration of social equilibrium rather than a demand for moral recognition or good will. To illuminate these contentions, I focus on cases that I believe demonstrate a (...) corollary thesis, namely, that strength, broadly construed, is a necessary condition of resentment-worthiness. I argue that weakness can make resentment unfitting in two ways. First, weakness may prevent a wrongdoer from shifting the balance of social power. Second, a weak wrongdoer may do social damage but be so lowly that resentment, which would represent him as excessively strong, would be inapt. Finally, I consider how accepting the ecological view might affect our theorizing about moral responsibility and the ethics of blame. (shrink)

It is widely agreed that reactive attitudes play a central role in our practices concerned with holding people responsible. However, it remains controversial which emotional attitudes count as reactive attitudes such that they are eligible for this central role. Specifically, though theorists near universally agree that guilt is a reactive attitude, they are much more hesitant on whether to also include shame. This paper presents novel arguments for the view that shame is a reactive attitude. The arguments also support the (...) view that shame is a reactive attitude in the sense that concerns moral accountability. The discussion thereby challenges both the view that shame is not a reactive attitude at all, suggested by philosophers such as R. Jay Wallace and Stephen Darwall, and the view that shame is a reactive attitude but does not concern moral accountability, recently defended by Andreas Carlsson and Douglas Portmore. (shrink)

In this article I discuss David Shoemaker’s recently published piece “Responsibility: The State of the Question. Fault Lines in the Foundations.” While agreeing with Shoemaker on many points, I argue for a more unified diagnosis of the seemingly intractable debates that plague (what I call) “responsibility studies.” I claim that, of the five fault lines Shoemaker identifies, the most basic one is about the role that the notion of deserved harm should play in the theory of moral responsibility. I argue (...) that the deep divide between those theorists who affirm and those who deny that moral responsibility is essentially about the justification of desert thus understood can be traced to the disagreement about whether the focus on the reactive attitudes by itself entails that moral responsibility has nothing to do with traditional questions about desert and free will. I then show that the seeming intractableness of the other four fault lines Shoemaker identifies is expectable and explicable in light of this more basic disagreement. After this diagnostic work, I conclude by suggesting a solution to the “morass” that has taken over responsibility studies: theorists working in the field should acknowledge that it has effectively bifurcated into two discrete subareas, which I suggest calling “retribution studies” and “interpersonal studies.” -/- . (shrink)

ABSTRACT This paper identifies a number of questions that any plausible theory of epistemic blame ought to answer. What is epistemic blame? When is someone an appropriate target of epistemic blame? And what justifies engaging in epistemic blame? I argue that a number of problems arise when we try to answer these questions by using existing conceptions of moral blame. I then consider and reject Brown’s [2020] belief-desire model of epistemic blame. Finally, I argue that an agency-cultivation model of moral (...) responsibility is not only able to help us to develop a plausible theory of epistemic blame; it is particularly well-placed to do so. (shrink)

This paper identifies why hypocrites lack the standing to blame others for certain wrongs. I first examine previous analyses of 'standing', and note these attempts all centre around the idea of entitlement. I then argue that thinking of standing to blame as a purely moral entitlement faces numerous problems. By examining how the concept of standing is used in other contexts, I argue that we should think of standing to blame in partly metaphysical terms. That is, we should think of (...) it as a status which grants agents the ability to do certain things. Using Darwall's (2006) account of second-personal obligations, I argue that we should think of blame as expressing demands. For these demands to impose obligations on others, however, we must first have the authority to make these demands. I argue that agents who lack standing to blame lack the authority to blame, and thus lack the ability to impose second-personal obligations on others by making these demands. They lack this authority because they fail to accept other people's second-personal authority to make similar demands on them. (shrink)

Control accounts of moral responsibility argue that agents must possess certain capacities in order to be blameworthy for wrongdoing. This is sometimes thought to be revisionary, because reflection on our moral practices reveals that we often blame many agents who lack these capacities. This paper argues that Control accounts of moral responsibility are not too revisionary, nor too permissive, because they can still demand quite a lot from excused wrongdoers. Excused wrongdoers can acquire duties of reconciliation, which require that they (...) improve themselves, make reparations for the harm caused, and retract the meaning expressed in the original wrong. Failure to do these things expresses a lack of regard for the victims, and can make those wrongdoers appropriate targets of blame. (shrink)

:In this essay, I consider a particular version of the thesis that the blameworthy deserve to suffer, namely, that they deserve to feel guilty to the proper degree. Two further theses have been thought to explicate and support the thesis, one that appeals to the non-instrumental goodness of the blameworthy receiving what they deserve, and the other that appeals to the idea that being blameworthy provides reason to promote the blameworthy receiving what they deserve. I call the first "Good-Guilt" and (...) the second "Reason-Guilt.” I begin by exploring what I take to be the strongest argument for Good-Guilt which gains force from a comparison of guilt and grief, and the strongest argument against. I conclude that Good-Guilt might be true, but that even if it is, the strongest argument in favor of it fails to support it in a way that provides reason for the thesis that the blameworthy deserve to feel guilty. I then consider the hypothesis that Reason-Guilt might be true and might be the more fundamental principle, supporting both Good-Guilt and Desert-Guilt. I argue that it does not succeed, however, and instead propose a different principle, according to which being blameworthy does not by itself provide reason for promoting that the blameworthy get what they deserve, but that being blameworthy systematically does so in conjunction with particular kinds of background circumstances. Finally, I conclude that Desert-Guilt might yet be true, but that it does not clearly gain support from either Good-Guilt or Reason-Guilt. (shrink)

Responsibility as accountability is normally taken to have stricter control conditions than responsibility as attributability. A common way to argue for this claim is to point to differences in the harmfulness of blame involved in these different kinds of responsibility. This paper argues that this explanation does not work once we shift our focus from other-directed blame to self-blame. To blame oneself in the accountability sense is to feel guilt and feeling guilty is to suffer. To blame oneself in the (...) attributability sense, it will be argued, is to feel shame and feeling shame is also to suffer. The different control conditions cannot be explained by a difference in the harm of blame. Instead, this paper argues that accountability and attributability are governed by different kinds of appropriateness: an agent S is accountability blameworthy for X only if S deserves to feel guilty; an agent S is attributability blameworthy for X only if it is fitting that S feels shame for X. (shrink)

In this paper, I take it for granted both that there are two types of blameworthiness—accountability blameworthiness and attributability blameworthiness—and that avoidability is necessary only for the former. My task, then, is to explain why avoidability is necessary for accountability blameworthiness but not for attributability blameworthiness. I argue that what explains this is both the fact that these two types of blameworthiness make different sorts of reactive attitudes fitting and that only one of these two types of attitudes requires having (...) been able to refrain from φ-ing in order for them to be fitting. (shrink)

The book concerns what I take to be the least controversial normative principle concerning action: you ought to perform your best option—best, that is, in terms of whatever ultimately matters. The book sets aside the question of what ultimately matters so as to focus on more basic issues, such as: What are our options? Do I have the option of typing out the cure for cancer if that’s what I would in fact do if I had the right intentions at (...) the right times (e.g., the intention to type the letter T at t1, the intention to type the letter H at t2, the intention to type the letter E at t3, etc.)? If I can’t form intentions voluntarily, does that mean that I don’t have the option of forming the intention that I ought to form? Which options do we assess directly in terms of their own goodness and which do we assess in terms of their relations to the goodness of other options? What do we hold fixed when assessing how good an option is? Do we, for instance, hold fixed the agent’s future beliefs, desires, and intentions? And do we hold fixed the agent’s predictable future misbehavior? Lastly, how do the things that ultimately matter determine the goodness of an option? If one of the things that ultimately matters in determining the goodness of an option is that the option doesn’t involve violating anyone’s rights, do we evaluate the option itself in terms of whether it involves violating anyone’s rights or do we evaluate the option’s prospect in terms of this and then the option in terms of its prospect? And what if there is indeterminacy or uncertainty with regards to whether an option would involve violating someone’s rights? (shrink)

It is often assumed that we are only blameworthy for that over which we have control. In recent years, however, several philosophers have argued that we can be blameworthy for occurrences that appear to be outside our control, such as attitudes, beliefs and omissions. This has prompted the question of why control should be a condition on blameworthiness. This paper aims at defending the control condition by developing a new conception of blameworthiness: To be blameworthy, I argue, is most fundamentally (...) to deserve to feel guilty. Being blamed by someone else is not necessarily harmful to the wrongdoer. The blame might not be expressed, or the wrongdoer might not care. But to blame oneself necessarily involves suffering. This conception of blameworthiness explains why the control condition should obtain: We are morally blameworthy for A only if A was under our control because to be blameworthy is to deserve to feel guilty, to feel guilty is to suffer, and one deserves to suffer for A only if A was under one’s control. (shrink)

Michael S. Moore is a whole-hearted retributivist. The triumph of Mechanical Choices is that Moore provides a thoroughly physicalist, reductionist-friendly, compatibilist account of the features that make persons deserving of blame and punishment. Many who embrace scientific accounts of psychology worry that from this perspective the grounds for desert disappear; but Moore argues that folk psychological accounts of responsibility—such as those found in the criminal law—are either vindicated or not implicated by science. Moore claims that criminal punishment can be justified (...) by looking solely to moral desert, couched in folk terms. In this paper I argue that interpersonal blame and punishment and criminal blame and punishment hold people responsible in the same sense, and that directed moral blame in both forms aim to communicate something to the wrongdoer and generate a backward-looking or retributive good. However, contra Moore, I will argue that instrumental aims are also important to justifying methods and degree of punishment within both realms. (shrink)

Hypocrisy seems to be a distinctive moral wrong. This thesis offers an account of that wrong. The distinctive wrong of hypocrisy is not a rational failing, or a deception of others. It is a problem in how we critique, and blame, others, when we ourselves are guilty of similar faults. Not only does it seem wrong to blame others hypocritically; it is also widely remarked that hypocrites ‘lack standing’ to blame. I defend both judgments. When we engage others in response (...) to wrongdoing, there is both instrumental and non-instrumental value in ensuring that those who face similar moral predicaments reason about these predicaments, and the appropriate responses to them, together. Hypocrisy is wrong because it hampers our ability to realise that value. And hypocrites lose standing to blame for a similar reason. Standing depends on the value of particular people engaging in an accountability procedure together, a value which the hypocrite forestalls, by failing to acknowledge wrongdoing in the course of blaming. This account of a duty to blame non-hypocritically helps unpack the relationship between hypocrisy and a range of other defects in a person’s standing. It also responds to a central sceptical challenge to the wrongness of hypocritical blaming. The challenge is that accurate hypocritical blaming can’t be wrong because it is morally good, and indeed is morally better than not blaming others at all. My response: hypocritical blaming is wrong, not because it is morally worse than not blaming at all, but because it is second-best, i.e. worse than non-hypocritical blaming, which enables mutual deliberation about wrongdoing. (shrink)

Provided we blame others accurately, is blaming them morally right even if we are guilty of similar wrongdoing ourselves? On the one hand, hypocrisy seems to render blame morally wrong, and unjustified; but on the other, even hypocritical blaming seems better than silence. I develop an account of the wrongness of hypocritical blaming which resolves this apparent dilemma. When holding others accountable for their moral failings, we ought to be willing to reason, together with them, about our own, similar failings. (...) Hypocrisy undermines this process of mutual deliberation. Thus, even if better than silence, hypocritical blaming is second-best, and that is why it is wrong. (shrink)

On the one hand, there seem to be compelling parallels to moral responsibility, blameworthiness, and praiseworthiness in domains other than the moral. For example, we often praise people for their aesthetic and epistemic achievements and blame them for their failures. On the other hand, it has been argued that there is something special about the moral domain, so that at least one robust kind of responsibility can only be found there. In this paper, I argue that we can adopt a (...) unifying framework for locating responsible agency across domains, thereby capturing and explaining more of our actual practices. The key, I argue, is to identify the right conditions for being morally accountable, which I take to be a matter of having an opportunity of a good enough quality to act well. With this account in hand, I argue that we can adopt a unifying framework that allows us to recognize parallels across domains, even as it points the way to important differences among them. (shrink)

An assumption central to some forms of retributivism is that it is noninstrumentally good that a culpable wrongdoer suffers in receiving a deserved punishment. A justification for this can be built from a conversational theory of moral responsibility, and in particular deserved blame. On such a theory, deserved blame is fitting as a response to a wrongdoer insofar as it is conversationally meaningful as a reply to a wrong done. Punishment, it might be argued, has this feature too. The conversational (...) aim in both deserved blame and punishment is for the guilty to grasp the meaning conveyed by those who blame or punish and then respond meaningfully by, for example, apologizing or expressing remorse. Ideally, a culpable agent would experience a form and degree of guilt suitable for a wrong done. So, a conversational theory of punishment can then be justified in terms of providing conditions conducive for a culpable wrongdoer to respond to punishment by manifesting an appropriately pained response of guilt. (shrink)

Much has been written about the fittingness, epistemic, and standing norms that govern blame. In this paper, we argue that there exists a norm of blame that has yet to receive philosophical discussion and without which an account of the ethics of blame will be incomplete: a norm proscribing comparatively arbitrary blame. By reflecting on the objectionableness of comparatively arbitrary blame, we stand to elucidate a substantive, and thus far overlooked, norm governing our attributions of responsibility. Accordingly, our aim in (...) this paper is to develop a comparative non-arbitrariness condition on blame that can enrich our understanding of the ethics of blame. (shrink)

A neglected and non-trivial problem exists for a central cluster of Strawsonian accountability theories of moral responsibility, namely those that, following Gary Watson, understand the reactive attitudes to be implicit forms of moral address, particularly moral demand. The problem consists in the joint acceptance of two claims: (a) Accountability is a matter of agents holding one another to moral demands, and (b) accountability is a view of blame and praise. I label joint acceptance of these claims the Strawsonian’s demand dogma. (...) Symptomatic of a larger tendency among responsibility theorists to focus on blame to the neglect of its positive counterpart, the demand dogma saddles the Strawsonian with an impoverished and ultimately untenable view of praise. This is because moral demand occupies a dual role on the Strawsonian's view of blame, one that it is incapable of occupying for praise. For, demands figure not only in the contents of blame responses; demand typifies the form of these responses themselves. That is, reactive attitudes of blame, unlike those of praise, implicitly make demands of their targets. The force of this problem is highlighted by considering the inadequacy of various strategies for shoehorning “demand” into our conception of praise. If reactive attitudes generally are incipient forms of moral address, praise-manifesting attitudes must communicate something other than demand. Though primarily critical, this paper invites Strawsonian responsibility theorists to give renewed attention to the foundations of the proposal that the reactive attitudes are incipiently communicative, focusing this time on the form of address that lies at the heart of praise. (shrink)

In Wrongs and Crimes, Victor Tadros argues that wrongdoers acquire special duties to those they’ve wronged, and from there he generates wrongdoers’ duties to contribute to general deterrence by being punished. In support, he contends that my manipulation argument against compatibilism fails to show that causal determination is incompatible with the proposed duties wrongdoers owe to those they’ve wronged. I respond that I did not intend my manipulation argument to rule out a sense of moral responsibility that features such duties, (...) and that I don’t believe it does. In fact, I’m willing to accept a restricted version of Tadros’s proposal, and I explain how this addition modifies the self-defense-based position on deterrence that I’ve defended in the past. (shrink)

A prominent position about moral responsibility claims that a necessary condition on accountability blame is that, at the time of action, the agent must be sufficiently reasons-responsive so as to be capable of acting differently by following the pertinent moral reasons and thus avoid wrongdoing. Call this the Accountability with Avoidability view (or AWA). In this paper I aim to show that AWA is false by doing three things. First, I argue that it badly contradicts moral commonsense concerning the moral (...) responsibility of a particularly egregious kind of wrongdoer. Second, I show that AWA’s three most prominent rationales—based on the notions of desert, demands, and excuses—all fail to support a robust reasons-responsiveness requirement on accountability. Finally, I sketch an alternative conception of accountability—accountability without avoidability—that dispenses with robust reasons-responsiveness and appeals instead to the capacity of agents to convey moral meaning through their conduct as the key element in the moral psychology of responsible agency. (shrink)

This is a response to the four essays on Wrongs and Crimes.

In this essay, I assess what I call the “Duty View,” subtly articulated and defended by Victor Tadros in Wrongs and Crimes. According to the Duty View, wrongdoers incur enforceable duties, including the duty to be punished in some circumstances, in virtue of their wrongdoing; therefore, punishment can be justified simply on the ground that wrongdoers’ duties are being legitimately enforced. I argue that, while wrongdoers do incur important duties, these are not necessarily fulfilled by providing protection against future offenses, (...) and I offer a comparative evaluation of the Duty View and an alternative approach, which I call the “Desert Plus View.” The Desert Plus View shares some of the key commitments of the Duty View, such as the rejection of the intrinsic goodness of wrongdoers getting what they deserve. More positively, however, according to the Desert Plus View, the fact that people are deserving can, together with certain additional conditions, such as the need for protection of its citizens, provide a reason for the state to give them what they deserve. (shrink)

The control principle implies that people should not feel guilt for outcomes beyond their control. Yet, the so-called ‘agent and observer puzzles’ in philosophy demonstrate that people waver in their commitment to the control principle when reflecting on accidental outcomes. In the context of car accidents involving conventional or autonomous vehicles, Study 1 established that judgments of responsibility are most strongly associated with expressions of guilt–over and above other negative emotions, such as sadness, remorse or anger. Studies 2 and 3 (...) then confirmed that, while people generally endorse the control principle, and deny that occupants in an AV should feel guilt when involved in an accident, they nevertheless ascribe guilt to those same occupants. Study 3 also uncovered novel implications of the observer puzzle in the legal context: Passengers in an AV were seen as more legally liable than either passengers in a conventional vehicle, or even their drivers–especially when participants were prompted to reflect on the passengers’ affective experience of guilt. Our findings document an important conflict–in the context of AV accidents–between people’s prescriptive reasoning about responsibility and guilt on one hand, and their counter-normative experience of guilt on the other, with apparent implications for liability decisions. (shrink)