This is a draft of my chapter on Negligence for the forthcoming Oxford Handbook in Moral Psychology. It discusses philosophical, psychological, and legal approaches to the attribution of culpability in cases of negligent wrongdoing.

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)

Capacitarianism says that an agent can be non-derivatively blameworthy for wrongdoing if at the time of their conduct the agent lacked awareness of the wrong-making features of their conduct but had the capacity to be aware of those features. In this paper, I raise three objections to capacitarianism in relation to its verdict of the culpability of so-called “slips” and use these objections to support a rival (“accessibility internalist”) view which requires awareness of wrong-making features for non-derivative blameworthiness. The objections (...) are that (1) the rival internalist view is just as capable of explaining the culpability of paradigm cases of slips; (2) there are some cases of slips without dispositional awareness of wrong-making features that capacitarians wrongly deem culpable; and (3) capacitarianism cannot adequately ground the reasonable expectation to avoid slips (as Fernando Rudy-Hiller has argued). I then argue that an internalist can simultaneously ground a reasonable expectation to avoid slips and account for slips’ culpability by pointing to the satisfaction of a novel epistemic condition: it is (dispositionally) obvious to the slipping agent that they need to pay enough attention to what they are doing, and how to pay enough attention, to reliably achieve the goal that they have set out to achieve. (shrink)

Many philosophers think that a necessary condition on moral blameworthiness is that the wrongdoer can reasonably be expected to avoid the action for which she is blamed. Those who think so assume as a matter of course that the expectations at issue here are normative expectations that contrast with the non-normative or predictive expectations we form concerning the probable conduct of others, and they believe, or at least assume, that there is a clear-cut distinction between the two. In this paper (...) I put this widespread assumption under scrutiny and argue that it’s mistaken: although predictive and normative expectations are indeed distinct, there is no sharp separation between them. On the contrary, predictive expectations can have a substantial bearing on normative expectations in two related ways: they can recalibrate what is reasonable to expect of agents when responsibility attributions are at stake and they can help to uncover previously undetected excusing conditions. I illustrate my claims with the famous bystander effect from social psychology and show that it yields predictive expectations that affect normative expectations in these two ways. (shrink)

In this paper I sketch a socially situated account of responsible agency, the main tenet of which is that the powers that constitute responsible agency are themselves socially constituted. I explain in detail the constitution relation between responsibility-relevant powers and social context and provide detailed examples of how it is realized by focusing on what I call ‘expectations-generating social factors’ such as social practices, cultural scripts, social roles, socially available self-conceptions, and political and legal institutions. I then bring my account (...) to bear on the debate about the exculpatory potential of moral ignorance. I show that a prominent position in this debate – the position that denies that moral ignorance exculpates – is grounded on an individualistic and acontextualist conception of moral capacities, moral cognition, and blameworthiness, and that this conception leads those philosophers who endorse it to make a number of questionable claims regarding the ability of ordinary agents to overcome their moral ignorance and the culpability they bear for the latter. I conclude by indicating how my socially situated account addresses the issue of moral ignorance. (shrink)

I examine the question of whether people are sometimes morally blameworthy for what I call ‘slips’: wrongful actions or omissions that a good-willed agent inadvertently performs due to a non-negligent failure to be aware of relevant considerations. I focus in particular on the capacitarian answer to this question, according to which possession of the requisite capacities to be aware of relevant considerations and respond appropriately explains blameworthiness for slips. I argue, however, that capacitarianism fails to show that agents have responsibility (...) level control over their slips and, consequently, fails to show that it is reasonable to expect agents to avoid this kind of wrongdoing. I conclude that people are typically not blameworthy for their slips, but only regarding the backward-looking, desert-entailing type of blame that has been at issue in this debate. I suggest that ordinary intuitions about blameworthiness for slips can be accommodated by appealing to other types of responsibility and blame. (shrink)

In this paper, I examine whether agents who commit testimonial injustice are morally responsible for their wrongdoing, given that they are ignorant of their wrongdoing. Fricker (2007) argues that agents whose social setting lacks the concepts or reasons necessary for them to correct for testimonial injustice are excused. I argue that agents whose social settings have these concepts or reasons available are also typically excused, because they lack the capacity to recognise those concepts or reasons. Attempts to trace this lack (...) of capacity back to an earlier culpable wrongdoing will often fail, due to there being no point at which these perpetrators knowingly chose to develop their prejudices. Attempts to ground culpability under Talbert’s (2008) Attributionist account of moral responsibility will also fail. This is because perpetrators’ lack of awareness of what they are doing makes it the case that they are not expressing objectionable evaluative judgments in the way required for blameworthiness. Finally, I argue that our temptation to blame agents who commit testimonial injustice is not completely unfounded. Appealing to Watson’s (1996) attributability/accountability distinction allows us to make sense of how some responses to the jurors are appropriate, despite their being excused. (shrink)

The situationist experiments demonstrate that most people's behaviour is influenced by environmental factors much more than we expect, and that ordinary people can be led to behave very immorally. A number of philosophers have investigated whether these experiments demonstrate that subjects' responsibility-relevant capacities are impeded. This paper considers how, in practice, we can assess when agents have a reduced capacity to avoid wrongdoing. It critiques some previously offered strategies including appeals to the reasonable person standard, appeals to counterfactuals and understandability (...) of behaviour, and appeals to base rates of wrongdoing. It then proposes we should think a certain factor impeded capacities when this is the best explanation of a change in patterns of responses. With this approach in hand, I then argue that subjects in many of the situationist experiments are (mostly) excused for their actions. (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)

According to internalism about rationality, the ir/rationality of a subject depends only on how things appear from her subjective perspective. According to culpabilism, rationality is a normative standard such that violations of rationality are (at least sometimes) blameworthy. According to a classical line of reasoning, culpabilism entails internalism. I argue that, to the contrary, culpabilism entails that internalism is false. The internalist cannot accommodate the possibility of culpable irrationality.

Quality of will accounts of moral responsibility hold that ill will is necessary for blameworthiness. But all such accounts are false to ordinary moral practice, which licenses blame for agents who act wrongly from epistemically unreasonable ignorance even if the act is not ill willed. This should be especially concerning to Strawsonians about moral responsibility, who think the genuine conditions of blameworthiness are derived from the standards internal to our practice. In response, I provide a theory of moral blameworthiness on (...) which ill will is not necessary for blameworthiness. On the view I defend, “Rational Capacitarianism,” agents are blameworthy whenever they act wrongly from an unreasonable attitude which is attributable to them, where an attitude is attributable to an agent just in case she has the capacity to assess reasons for and against the attitude and modulate the attitude in light of these assessments. Acting from unreasonable ignorance is just a special case of acting from an unreasonable attitude. My theory contrasts both with both quality of will accounts of blameworthiness and the Capacitarian view, which specifies that agents who act wrongly from ignorance are culpable if they could and should have known better. On Capacitarianism, a variety of awareness-relevant capacities are pertinent, including memory; on my view it is only failures of rational capacities that render the agent culpable, because only failures of rational capacities are attributable to the agent. (shrink)

I argue for responsibility internalism. That is, moral responsibility (i.e., accountability, or being apt for praise or blame) depends only on factors internal to agents. Employing this view, I also argue that no one is responsible for what AI does but this isn’t morally problematic in a way that counts against developing or using AI. Responsibility is grounded in three potential conditions: the control (or freedom) condition, the epistemic (or awareness) condition, and the causal responsibility condition (or consequences). I argue (...) that causal responsibility is irrelevant for moral responsibility, and that the control condition and the epistemic condition depend only on factors internal to agents. Moreover, since what AI does is at best a consequence of our actions, and the consequences of our actions are irrelevant to our responsibility, no one is responsible for what AI does. That is, the so-called responsibility gap exits. However, this isn’t morally worrisome for developing or using AI. Firstly, I argue, current AI doesn’t generate a new kind of concern about responsibility that the older technologies don’t. Then, I argue that responsibility gap is not worrisome because neither responsibility gap, nor my argument for its existence, entails that no one can be justly punished, held accountable, or incurs duties in reparations when AI causes a harm. (shrink)

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

When a person performs or fails to perform a morally significant action, we sometimes think that a particular kind of response is warranted. Praise and blame are perhaps the most obvious forms this reaction might take. For example, one who encounters a car accident may be regarded as worthy of praise for having saved a child from inside the burning car, or alternatively, one may be regarded as worthy of blame for not having used one's mobile phone to call for (...) help. To regard such agents as worthy of one of these reactions is to ascribe moral responsibility to them on the basis of what they have done or left undone. (These are examples of other-directed ascriptions of responsibility. The reaction might also be self-directed, e.g., one can recognize oneself to be blameworthy). Thus, to be morally responsible for something, say an action, is to be worthy of a particular kind of reaction —praise, blame, or something akin to these—for having performed it.[1.. (shrink)