One’s constitution—whether one is generous or miserly, temperate or intemperate, kind or mean, etc.—is beyond one’s control in significant respects. Yet one’s constitution affects how one acts. And how one acts affects one’s moral standing. The counterintuitive inference—the so-called problem of constitutive moral luck—is that one’s moral standing is, to some significant extent, beyond one’s control. This article grants the premises but resists the inference. It argues that one’s constitution should have no net impact on one’s moral standing. While a (...) bad constitution lowers the chance that one will act morally, it offers significant gains to moral standing should that chance materialize. A good constitution increases one’s chance of performing good acts but for correspondingly more modest gains. This effect should smooth out, and possibly eliminate, the expected impact of constitution on moral standing. (shrink)

In the modern moral luck debate, Kant is standardly taken to be the enemy of moral luck. My goal in this paper is to show that this is mistaken. The paper is divided into six sections. In the first, I show that participants in the moral luck literature take moral luck to be anathema to Kantian ethics. In the second, I explain the kind of luck I am going to focus on here: consequence luck, a species of resultant luck. In (...) the third, I explain why philosophers have taken Kantian ethics to reject moral luck and, in particular, consequence luck. In the fourth, I explain why these philosophers are mistaken, and I set out Kant’s theoretical framework for consequence luck. In the fifth, I clarify and defend this framework, and in the sixth, I interrogate and attack it. (shrink)

Moral luck occurs when factors beyond an agent’s control positively affect how much praise or blame she deserves. Kinds of moral luck are differentiated by the source of lack of control such as the results of her actions, the circumstances in which she finds herself, and the way in which she is constituted. Many philosophers accept the existence of some of these kinds of moral luck but not others, because, in their view, the existence of only some of them would (...) make morality unfair. I, however, argue that this intermediary approach is unstable, because either morality is fair in ways that rule out resultant, circumstantial, and constitutive moral luck (and this leads to moral responsibility skepticism), or morality is unfair in ways that permit the existence of those kinds of moral luck. Thus, such intermediary approaches lack the motivation that their proponents have long taken them to have. In the appendix, I point to ways in which morality is unfair concerning the scope of moral responsibility, moral obligation, moral taint, being a good or bad person, and flourishing. (shrink)

In this dissertation, I argue for a new conception of the epistemic condition on moral responsibility.

This essay attempts to provide and defend what may be the first actual argument in support of P. F. Strawson's merely stated vision of a response-dependent theory of moral responsibility. It does so by way of an extended analogy with the funny. In part 1, it makes the easier and less controversial case for response-dependence about the funny. In part 2, it shows the tight analogy between anger and amusement in developing the harder and more controversial case for response-dependence about (...) a kind of blameworthiness. It then defends the view from three serious skeptical challenges. (shrink)

In this paper, I examine three mutually inconsistent claims that are commonly attributed to Hume: all beliefs are involuntary; some beliefs are subject to normative appraisal; and that ‘Ought implies Can’. I examine the textual support for such ascription, and the options for dealing with the puzzle posed by their inconsistency. In what follows I will put forward some evidence that Hume maintains each of the three positions outlined above. I then examine what I call the ‘prior voluntary action’ solution. (...) I argue that this position in any form fails to account for synchronic rationality. I then raise more specific objections depending on how we disambiguate the position, which can be read as either granting beliefs derivative voluntariness, or as denying their normative significance; the former version is inconsistent with Hume’s treatment of natural abilities, while the latter falls to a regress given Hume’s thesis regarding the inability of actions and passions to be subject to epistemic normativity. I then propose to reject instead for two reasons: first, the weakness of textual support for such an ascription; secondly, Hume’s explicit recognition of the irrelevance of involuntariness to normative evaluation in the moral case. (shrink)

This article explores the Rawlsian goal of ensuring that distributions are not influenced by the morally arbitrary. It does so by bringing discussions of distributive justice into contact with the debate over moral luck initiated by Williams and Nagel. Rawls’ own justice as fairness appears to be incompatible with the arbitrariness commitment, as it creates some equalities arbitrarily. A major rival, Dworkin’s version of brute luck egalitarianism, aims to be continuous with ordinary ethics, and so is (a) sensitive to non-philosophical (...) beliefs about free will and responsibility, and (b) allows inequalities to arise on the basis of option luck. But Dworkin does not present convincing reasons in support of continuity, and there are compelling moral reasons for justice to be sensitive to the best philosophical account of free will and responsibility, as is proposed by the revised brute luck egalitarianism of Arneson and Cohen. While Dworkinian brute luck egalitarianism admits three sorts of morally arbitrary disadvantaging which correspond to three forms of moral luck (constitutive, circumstantial, and option luck), revised brute luck egalitarianism does not disadvantage on the basis of constitutive or circumstantial luck. But it is not as sensitive to responsibility as it needs to be to fully extinguish the influence of the morally arbitrary, for persons under it may exercise their responsibility equivalently yet end up with different outcomes on account of option luck. It is concluded that egalitarians should deny the existence of distributive luck, which is luck in the levels of advantage that individuals are due. (shrink)

In earlier work, I argued that examples supposed to substantiate consequential moral luck can lose their anomalous appearance if due account is taken of the moral obligation to discharge epistemic responsibilities, and of the different scope and focus of this obligation for the agent as contrasted with the observer. In his recent JMP article, Mark Silcox argues that my explanatory strategy is dependent on an unacceptable commitment to an ‘ineliminable epistemic gulf’ between first-person and third-person perspectives. Here I attempt a (...) defence against Silcox’s criticism, and tentatively suggest some wider implications of the debate. (shrink)

Is there a difference in moral blameworthiness between a murderer and an attempted murderer? Should there be a legal difference between them? These questions are particular instances of the question of moral luck and legal luck (respectively). In this paper, I survey and explain the main argumentative moves within the general philosophical discussion of moral luck. I then discuss legal luck, and the different ways in which this discussion may be related to that of moral luck.

Thomas Nagel has proposed that the existence of moral luck mandates a general attitude of skepticism in ethics. One popular way of arguing against Nagel’s claim is to insist that the phenomenon of moral luck itself is an illusion , in the sense that situations in which it seems to occur may be plausibly re-described so as to show that agents need not be held responsible for the unlucky outcomes of their actions. Here I argue that this strategy for explaining (...) away moral luck fails because it does not take account of the fact that agents in morally unlucky circumstances are uniformly subject to a very specific type of epistemic obligation. I then proceed to sketch out an alternative strategy for blocking the inference to skepticism, one that makes use of the distinctive explanatory resources provided by epistemic virtue theory. Key Words: moral luck • moral skepticism • Thomas Nagel • virtue epistemology • Linda Zagzebski. (shrink)

If we want to see justice done with regard to responsibility, then we must either (i) allow that people are never morally responsible, (iia) show that luck is not ubiquitous or at least that (iib) ubiquitous luck is not moral, or (iii) show that ascriptions of responsibility can retain justice despite the omnipresence of luck. This paper defends (iii); ascriptions of responsibility can be just even though luck is ubiquitous.

The problem of moral luck arises due to a particular tension in our thought. On the one hand, we seem readily inclined to endorse the principle that moral responsibility, that is, one’s praiseworthiness or blameworthiness, cannot be affected by luck, that is, by factors over which one lacks control. But, when we examine our actual practices, we find that our moral judgments are highly sensitive to luck. This resulting tension between principle and practice is the problem of moral luck, and (...) an attempt to solve this problem is an attempt to resolve this tension. The article first explains the traditional characterization of the problem and reviews three general strategies in responding to it. It is then argued that we should characterize the problem in a slightly broader way. This refocusing turns out to have significant methodological implications. (shrink)

On a common characterization, moral luck occurs when factors beyond agents’ control affect their moral responsibility. The existence of moral luck is widely contested, however. In this paper, I present a new challenge for deniers of moral luck. It seems that some factors beyond agents’ control—such as moral principles about blame- and praiseworthiness—clearly affect moral responsibility. Thus, moral luck deniers face a dialectical burden that has so far gone unnoticed. They must either point to a relevant difference between factors like (...) moral principles and the kind of factors that according to them do not affect moral responsibility or show how they can avoid having to point to such a difference. I argue that no obvious way to meet the challenge presents itself and that it thus amounts to a serious worry for deniers of moral luck. (shrink)

Ordinary Language Philosophy has largely fallen out of favour, and with it the belief in the primary importance of analyses of ordinary language for philosophical purposes. Still, in their various endeavours, philosophers not only from analytic but also from other backgrounds refer to the use and meaning of terms of interest in ordinary parlance. In doing so, they most commonly appeal to their own linguistic intuitions. Often, the appeal to individual intuitions is supplemented by reference to dictionaries. In recent times, (...) Internet search engine queries for expressions of interest have become quite popular. Apparently, philosophers attempt to surpass the limits of their own linguistic intuitions by appealing to experts or to factual uses of language. I argue that this attempt is commendable but that its execution is wanting. Instead of appealing to dictionaries or Internet queries, philosophers should employ computer-based linguistic corpora in order to confirm or falsify hypotheses about the factual use of language. This approach also has some advantages over methods employed by experimental philosophers. If the importance of ordinary language is stressed, the use of linguistic corpora is hardly avoidable. (shrink)

It is argued that the arguments put forward by Bernard Williams and Thomas Nagel in their widely influential exchange on the problem of moral luck are marred by a failure to (i) present a coherent understanding of what is involved in the notion of luck, and (ii) adequately distinguish between the problem of moral luck and the analogue problem of epistemic luck, especially that version of the problem that is traditionally presented by the epistemological sceptic. It is further claimed that (...) once one offers a more developed notion of luck and disambiguates the problem of moral luck from the problem of epistemic luck (especially in its sceptical guise), neither of these papers is able to offer unambiguous grounds for thinking that there is a problem of moral luck. Indeed, it is shown that insofar as these papers succeed in making a prima facie case for the existence of epistemic luck, it is only the familiar sceptical variant of this problem that they identify. (shrink)

It is maintained that the arguments put forward by Bernard Williams and Thomas Nagel in their widely influential exchange on the problem of moral luck are marred by a failure to (i) present a coherent understanding of what is involved in the notion of luck, and (ii) adequately distinguish between the problem of moral luck and the analogue problem of epistemic luck, especially that version of the problem that is traditionally presented by the epistemological sceptic. It is further claimed that (...) once one offers a more developed notion of luck and disambiguates the problem of moral luck from the problem of epistemic luck (especially in its sceptical guise), neither of these papers is able to offer unambiguous grounds for thinking that there is a problem of moral luck. Indeed, it is shown that in so far as these papers succeed in making a prima facie case for the existence of epistemic luck, it is only the familiar sceptical variant of this problem that they identify. (shrink)

Most presentations of the problem of moral luck invoke the notion of control, but little has been said about what control amounts to. We propose a necessary condition on an agent's having been in control of performing an action: that the agent's effort to perform the action ensured that the agent performed the action. The difficulty of satisfying this condition leads many on both sides of the moral luck debate to conclude that much of what we do is not within (...) our control, and, at the limit, underpins agential skepticism, the view that no one has ever been in control of having performed an action in the external world. We propose a response to the agential skeptic modeled on the epistemological disjunctivist's response to the skeptic about perceptual experience. According to agential disjunctivism, the necessary condition on control can be met, thus undermining agential skepticism and one motivation for the problem of moral luck. Our view can be understood as resisting moral luck not by shrinking the domain of robust moral evaluation but by refusing to contract the realm of robust control. (shrink)

Whom I call ‘epistemic reductionists’ in this article are critics of the notion of ‘moral luck’ that maintain that all supposed cases of moral luck are illusory; they are in fact cases of what I describe as a special form of epistemic luck, the only difference lying in what we get to know about someone, rather than in what (s)he deserves in terms of praise or blame. I argue that epistemic reductionists are mistaken. They implausibly separate judgements of character from (...) judgements concerning acts, and they assume a conception of character that is untenable both from a common sense perspective and with a view to findings from social psychology. I use especially the example of Scobie, the protagonist of Graham Greene’s novel The Heart of the Matter , to show that moral luck is real—that there are cases of moral luck that cannot be reduced to epistemic luck. The reality of moral luck, in this example at least, lies in its impact on character and personal and moral identity. (shrink)

When Thomas Nagel originally coined the expression “moral luck,” he used the term “luck” to mean lack of control. This use was a matter of stipulation, as Nagel’s target had little to do with luck itself, but the question of how control is related to moral responsibility. Since then, we have seen several analyses of the concept of luck itself, and recent contributors to the moral luck literature have often assumed that any serious contribution to the moral luck debate must (...) begin with a robust concept of luck simpliciter. I argue here that this assumption is a mistake, on the basis of three reasons: the issue was originally conceived as an issue about responsibility and control, analyses of luck tend to distort and needlessly to complicate what is at issue when shoehorned into the moral luck debate, and these analyses have very little (if anything) to contribute to the discussion. (shrink)

Resumen En 1976, Nagel y Williams presentaron -en una reunión de la Aristotelian Society- dos célebres textos dirigidos a exhibir el desafío que el azar y la fortuna representan para la imputación kantiana de responsabilidad moral. Desde entonces han proliferado cientos de artículos centrados en analizar este dilema. Dicho debate, no obstante, rara vez es situado al interior del análisis de las implausibles y falsas premisas que dan lugar a él. En este trabajo reconstruyo las coordenadas centrales en las que (...) esta problemática filosófica se origina. Posteriormente muestro que la imputación de responsabilidad ética a un agente no sólo no excluye, sino incluso presupone, lo que llamaré una capacidad impura de agencia donde la suerte ocupa un lugar central.In 1976, Nagel and Williams presented -at the congress of the Aristotelian Society- two famous texts aimed at exposing the challenge that chance and fortune represent for moral thought. Since then, hundreds of articles have proliferated in the literature focused on analyzing this dilemma. This debate, however, is rarely situated within the analysis of the implausible and false premises that give rise to it. In this paper I reconstruct the central coordinates in which this philosophical problem originates. Later, I show that imputation of ethical responsibility to an agent not only does not exclude, but even presupposes, what I will call an impure capacity for agency where luck occupies a central place. (shrink)

In the paper, I defend the claim that agent who caused unintentional loss should take responsibility for it. Such kind of responsibility is neither a result of being guilty, being moral responsible for the loss, nor is just the expression of one’s sensitivity to other people’s hurt, but it has proper objective reasons. Human being experiences unity of his agency both in intentional actions and in actions which result in unintended harm. Moral agent is not only autonomous author of the (...) action but also, through his corporeality, is somebody vulnerable to influence of accidental, unintended factors. In order to preserve personal integrity agent is obliged to admit the relation between his action and caused harm. Reasons to take responsibility for unintended results of action do not only relate to structure of human agency, but also relate to the structure of action itself and its relation to acting person. These issues are presented in two first paragraphs of the article. Characteristic features of obligation to take responsibility for unintended loss is presented in the last part of the article. Such responsibility is not a matter of voluntary agency, does not lie in the core of one’s agency but concerns what belong to “penumbra of agency.” Agent through act of his will makes himself responsible. Act of taking responsibility encompasses such behaviours like explanation, apology, help. (shrink)

Adversaries of Moral Luck (AMLs) are at pains to explain why wrongdoers are liable to bear burdens (punishment, compensation etc.) which are related to the harm they cause, because the consequences of what we do are a matter of luck. One attempt to solve this problem suggests that wrongdoers who cause more harm are liable to bear a greater burden not because they are more blameworthy but rather because they get the short straw in a liability lottery (represented by the (...) apparently indeterminate causal process). In this paper I argue that this attempt fails on several grounds. Apart from the fact that it is hard to see how the implementation of liability lotteries can be motivated and the fact that such scheme presupposes a political order (whereas the notion of liability does not seem to presuppose one), detaching liability from the outcomes of a culpable action undermines whichever justifications there were for imposing liability in the first place. Moreover, relying on the determination of the causal process as a good indication of the wrongdoer’s degree of culpability is mistaken, because the luck brought about through the causal process is not necessarily the only element involved in cases of harmful conduct which lies beyond the wrongdoers’ control. (shrink)