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)

One of the most frequently voiced criticisms of free will skepticism is that it is unable to adequately deal with criminal behavior and that the responses it would permit as justified are insufficient for acceptable social policy. This concern is fueled by two factors. The first is that one of the most prominent justifications for punishing criminals, retributivism, is incompatible with free will skepticism. The second concern is that alternative justifications that are not ruled out by the skeptical view per (...) se face significant independent moral objections. Yet despite these concerns, I maintain that free will skepticism leaves intact other ways to respond to criminal behavior—in particular preventive detention, rehabilitation, and alteration of relevant social conditions—and that these methods are both morally justifiable and sufficient for good social policy. The position I defend is similar to Derk Pereboom’s, taking as its starting point his quarantine analogy, but it sets out to develop the quarantine model within a broader justificatory framework drawn from public health ethics. The resulting model—which I call the public health -quarantine model—provides a framework for justifying quarantine and criminal sanctions that is more humane than retributivism and preferable to other non-retributive alternatives. It also provides a broader approach to criminal behavior than Pereboom’s quarantine analogy does on its own. (shrink)

ABSTRACTIt has recently become fashionable among those who write on questions of moral responsibility to distinguish two different concepts, or senses, of moral responsibility via the labels ‘responsibility as attributability’ and ‘responsibility as accountability’. Gary Watson was perhaps the first to introduce this distinction in his influential 1996 article ‘Two Faces of Responsibility’ , but it has since been taken up by many other philosophers. My aim in this study is to raise some questions and doubts about this distinction and (...) to argue that it has led to confusion rather than clarification in debates over moral responsibility. In place of the attributability/accountability distinction, I propose that there is a single concept of moral responsibility underlying our actual moral practices. This core notion of moral responsibility, which I call ‘responsibility as answerability’, is well positioned to explain thos.. (shrink)

The New Evil Demon Problem presents a serious challenge to externalist theories of epistemic justification. In recent years, externalists have developed a number of strategies for responding to the problem. A popular line of response involves distinguishing between a belief’s being epistemically justified and a subject’s being epistemically blameless for holding it. The apparently problematic intuitions the New Evil Demon Problem elicits, proponents of this response claim, track the fact that the deceived subject is epistemically blameless for believing as she (...) does, not that she is justified for so believing. This general strategy—which I call the “unjustified-but-blameless maneuver”—is motivated, in part, by the assumption that the distinction between epistemic justification and blamelessness is merely an extension of the familiar distinction between moral justification and blamelessness. In this paper, I consider three ways of drawing the distinction between justification and blamelessness familiar from the moral domain: the first in terms of a connection with reactive attitudes, the second in terms of the distinction between wrongness and wronging, and the third in terms of reasons-responsiveness. All three ways of drawing the distinction, I argue, make it difficult to see how an analogous distinction in the epistemic domain could help externalists explain away the intuitions which underwrite the New Evil Demon Problem. Motivating the unjustified-but-blameless maneuver, I conclude, is a much less straightforward task than its proponents tend to assume. (shrink)

The blameworthy deserve blame. So runs a platitude of commonsense morality. My aim here is to set out an understanding of this desert claim (as I call it) on which it can be seen to be a familiar and attractive aspect of moral thought. I conclude with a response to a prominent denial of the claim.

How should we understand basic desert as a justification for blaming? Many philosophers account for free will by reference to the sort of moral responsibility that involves a blameworthy person deserving blame in a basic sense of desert; free will just is the control condition for this sort of moral responsibility. But what precisely does basic desert come to, and what is it about blame that makes it the thing that a blameworthy person deserves? As it turns out, there are (...) challenges in attempting to understand basic desert for blame. One concerns whether the only good in harming a person by blaming her is instrumental. If so, there may be reason to reject desert-based conceptions of blame. In this paper, I will develop an account of basically deserved blame. In doing so, I will also defend the controversial thesis that the harm involved in blaming can be good in a way that is not merely instrumental. (shrink)

Explores five fault lines in the fledgling field of responsibility theory, serious methodological disputes traceable to P.F. Strawson's "Freedom and Resentment.".

This paper defends a minimal desert thesis, according to which someone who is blameworthy for something deserves to feel guilty, to the right extent, at the right time, because of her culpability. The sentiment or emotion of guilt includes a thought that one is blameworthy for something as well as an unpleasant affect. Feeling guilty is not a matter of inflicting suffering on oneself, and it need not involve any thought that one deserves to suffer. The desert of a feeling (...) of guilt is a kind of moral propriety of that response, and it is a matter of justice. If the minimal desert thesis is correct, then it is in some respect good that one who is blameworthy feel guilty—there is some justice in that state of affairs. But if retributivism concerns the justification of punishment, the minimal desert thesis is not retributivist. Its plausibility nevertheless raises doubt about whether, as some have argued, there are senses of moral responsibility that are not desert-entailing. (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)

Many philosophers characterize a particularly important sense of free will and responsibility by referring to basically deserved blame. But what is basically deserved blame? The aim of this paper is to identify the appraisal entailed by basic desert claims. It presents three desiderata for an account of desert appraisals and it argues that important recent theories fail to meet them. Then, the paper presents and defends a promising alternative. The basic idea is that claims about basically deserved blame entail that (...) the targets have forfeited their claims that others not blame them and that there is positive reason to blame them. The paper shows how this view frames the discussion about skepticism about free will and responsibility. (shrink)

In recent decades, participants in the debate about whether we are free and responsible agents have tended with increasing frequency to begin their papers or books by fixing the terms “free” and “responsible” in clear ways to avoid misunderstanding. This is an admirable development, and while some misunderstandings have certainly been avoided, and positions better illuminated as a result, new and interesting questions also arise. Two ways of fixing these terms and identifying the underlying concepts have emerged as especially influential, (...) one that takes the freedom required for responsibility to be understood in terms of accountability and the other in terms of desert. In this paper, I start by asking: are theorists talking about the same things, or are they really participating in two different debates? Are desert and accountability mutually entailing? I tentatively conclude that they are in fact mutually entailing. Coming to this conclusion requires making finer distinctions among various more specific and competing accounts of both accountability and desert. Ultimately, I argue, that there is good reason to accept that accountability and desert have the same satisfaction conditions. (shrink)

This paper defends the view that we have special relationship duties that do not derive from our moral duties. Our special relationship duties, I argue, are grounded in what I call close relationships. Sharing a close relationship with another person, I suggest, requires that both people conceive of themselves as being motivated to promote the other’s interests. So, staying true to oneself demands being committed to promoting the interests of those with whom we share a close relationship. Finally, I show (...) that the proposed account of special relationship duties circumvents two problems facing self-conception accounts of special relationship duties. (shrink)

This paper features Derk Pereboom’s replies to commentaries by Victor Tadros and Saul Smilansky on his non-retributive, incapacitation-focused proposal for treatment of dangerous criminals; by Michael McKenna on his manipulation argument against compatibilism about basic desert and causal determination; and by Alfred R. Mele on his disappearing agent argument against event-causal libertarianism.

It is tempting to hold that guilt‐tripping is morally wrong, either because it is objectionably manipulative, or because it involves gratuitously aiming to make another person suffer, or both. In this article, I develop a picture of guilt according to which guilt is a type of pain that incorporates a commitment to its own justification on the basis of the subject's wrongdoing. This picture supports the hypothesis that feeling guilty is an especially efficient means for a wrongdoer to come to (...) more deeply understand why her behavior was wrong; it is precisely because guilt is painful and involves a self‐reflexive justificatory element that it is able to play this role. Such a picture, moreover, preserves the possibility that deliberately making others feel guilty needn't involve aiming gratuitously to harm them and needn't be objectionably manipulative. It follows that we should be surprisingly sanguine about the practice of inducing guilt in wrongdoers as a means of facilitating their moral edification. (shrink)

Self-control is integral to successful human agency. Without it we cannot extend our agency across time and secure central social, moral, and personal goods. But self-control is not a unitary capacity. In the first part of this paper we provide a taxonomy of self-control and trace its connections to agency and the self. In part two, we turn our attention to the external conditions that support successful agency and the exercise of self-control. We argue that what we call moral security (...) is a critical foundation for agency. Parts three and four explore what happens to agency when moral security is lacking, as in the case of those subject to racism, and those living in poverty. The disadvantages suffered by those who are poor, in a racial minority or other oppressed group, or suffering mental illness or addiction, are often attributed to a lack of individual self-control or personal responsibility. In particular, members of these groups are often seen as irresponsibly focused on short-term pleasures over long-term good, a view underwritten by particular psychological theories of self-control. We explore how narratives about racism and poverty undermine moral security, and limit and distort the possibility of synchronic and diachronic self-control. Where moral security is undermined, the connection between self-control and diachronic goods often fails to obtain and agency contracts accordingly. We close with some preliminary reflections on the implications for responsibility. (shrink)

It seems that we can be directly accountable for our reasons-responsive attitudes—e.g., our beliefs, desires, and intentions. Yet, we rarely, if ever, have volitional control over such attitudes, volitional control being the sort of control that we exert over our intentional actions. This presents a trilemma: (Horn 1) deny that we can be directly accountable for our reasons-responsive attitudes, (Horn 2) deny that φ’s being under our control is necessary for our being directly accountable for φ-ing, or (Horn 3) deny (...) that the relevant sort of control is volitional control. This paper argues that we should take Horn 3. (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)

A familiar claim in the free will debate is that the freedom in dispute between compatibilists and incompatibilists is limited to the type required for an agent to deserve blame for moral wrongdoing, and to deserve it in a sense that is basic. In this paper, I seek a rationale for this claim, offer an explanation of basic desert, and then argue that the free will debate can persist even when divorced from basic desert.

It is often alleged that an agent is morally responsible in a liability sense for a transgression just in case s/he deserves a negative interpersonal response for that transgression, blaming responses such as resentment and indignation being paradigms. Aside from a few exceptions, guilt is cited in recent discussions of moral responsibility, if at all, as merely an effect of being blamed, or as a reliable indicator of moral responsibility, but not itself an explanation of moral responsibility. In this paper, (...) I argue that an agent is morally responsible in a liability sense for a transgression just in case s/he deserves to feel moral guilt for that transgression. I argue that this alternative view offers all that the predominant blame-focused view offers, while also solving some puzzling features of moral responsibility. Specifically, it offers a compelling way to reconcile conflicting intuitions about the suberogatory, and allows those who do not understand what Darwall calls ‘second-personal’ reasons to be morally responsible for their immoral acts. (shrink)

Contrary to what I have contended, Michael McKenna argues that basic desert does not have an essential role in the free will debate. On his alternative construal, what is central is whether our practice of holding morally responsible, and blaming in particular, can be justified, and what notion of free will is required for that justification. Notions distinct from basic desert can ground our practice, and so the free will debate is independent of basic desert. Here I argue that the (...) one best candidate for such a notion is basic fairness, but in the area of moral responsibility there is no substantial difference between basic desert and basic fairness. (shrink)

This article traces John Rawls’s debt to Frank Knight’s critique of the ‘just deserts’ rationale for laissez-faire in order to defend justice as fairness against some prominent contemporary criticisms, but also to argue that desert can find a place within a Rawlsian theory of justice when desert is grounded in reciprocity. The first lesson Rawls took from Knight was that inheritance of talent and wealth are on a moral par. Knight highlighted the inconsistency of objecting to the inheritance of wealth (...) while taking for granted the legitimacy of unequal reward based on differential productive capacity. Rawls agreed that there was an inconsistency, but claimed that it should be resolved by rejecting both kinds of inequality, except to the extent they benefitted the worst off. The second lesson Rawls learned from Knight was that the size of one’s marginal product depends on supply and demand, which depend on institutional decisions that cannot themselves be made on the basis of the principle of rewarding marginal productivity. The article claims that this argument about background justice overstates its conclusion, because the dependence of contribution on institutional setup is not total. Proposals for an unconditional basic income may therefore have a strike against them, as far as a reciprocity-based conception of desert is concerned. If we follow Knight’s analysis of the competitive system, however, so too does the alternative of leaving determination of income up to the market. (shrink)

According to a prominent family of theories of blameworthiness, quality of will theories, a person is blameworthy for an action if and only if, and to the degree that, her will manifested in that action is bad. A puzzle for such theories is that (the degree of) blameworthiness appears to be affected by several factors beyond how bad the manifested will is. Among such factors are certain types of incompetence of the agent, the outcome of the action, the developmental history (...) of the agent (e.g., an unfortunate upbringing), and the time between action and blame. I defend a novel account of the nature of blame by appeal to its unique capacity to explain away these puzzling intuitions in a unified way. I argue that the account, in addition to being independently plausible, allows us to view those intuitions as products of a systematic yet understandable confusion between the issue of blameworthiness and some other separate issue. (shrink)

Virtue epistemologies about knowledge have traditionally been divided into two camps: virtue reliabilism and virtue responsibilism. Initially, what set them apart was that virtue responsibilism took intellectual character virtues and responsible agency to be necessary to knowledge acquisition, whereas virtue reliabilism took reliable cognitive faculties to be constitutive of it instead. Despite recent concessions between these camps, there are residual disagreements. Chapter 8 focuses primarily on Linda Zagzebski’s account of virtue responsibilism and John Greco’s and Ernest Sosa’s defenses of virtue (...) reliabilism. It argues that despite their misgivings about virtue responsibilism, Greco and Sosa are ultimately required to accept that intellectual character virtues involve a substantial truth-motivational component, and that knowledge requires a kind of epistemic responsibility that is far more substantive than a causal, naturalistic notion of attribution. (shrink)

The aim of this article is to set out a theory for treatment of criminals that rejects retributive justification for punishment; does not fall afoul of a plausible prohibition on using people merely as means; and actually works in the real world. The theory can be motivated by free will skepticism. But it can also be supported without reference to the free will issue, since retributivism faces ethical challenges in its own right. In past versions of the account I’ve emphasized (...) the quarantine analogy for incapacitation together with the value of rehabilitation and reintegration. Here I pay special attention to the permissibility and the limits of general deterrence. (shrink)

Desert-realists maintain that those who do wrong without an excuse deserve blame. Desert-skeptics deny this, holding that though we may be responsible for our actions in some sense, we lack the kind of responsibility needed to deserve blame. In two recent papers, Randolph Clarke (Philosophical Explorations 16:153–164, 2013 and Journal of Ethics 20:121–137, 2016) advances an innovative defense of desert-realism. He argues for deserved-guilt, the thesis that the guilty deserve to feel guilt. In his 2013 paper, Clarke suggests two strategies (...) for defending deserved-guilt: the fitting-guilt strategy and the good-guilt strategy. In his 2016 paper, Clarke issues a challenge to the desert-skeptic: he calls on them to provide a non-desert based account of guilt’s fittingness. In the first two thirds of the paper, I respond to Clarke’s challenge to the desert-skeptic, showing that guilt felt by the guilty is alethic-fitting, reason-fitting, and value-fitting. None of these notions of fittingness, I argue, are desert based. In the last third of the paper, I show how the work done in previous sections affords us the tools to finely diagnose the failures of both the fitting-guilt and the good-guilt strategies. Here, I draw on one of Clarke’s own insights—namely, that desert is intimately connected to the value of justice. I propose that showing that guilt is fitting, or again non-instrumentally good, fails to show that it is deserved because to show that it is deserved one must show that guilt is fitting or good in a sense that implicates justice. (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)

ABSTRACTThe disadvantaged have incentives to commit crime, and to develop criminogenic dispositions, that limit the extent to which their co-citizens can blame them for breaking the law. This is true regardless of whether the causes of criminality are mainly “structural” or “cultural.” We need not assume that society as a whole is unjust in order to accept this conclusion. And doing so would neither stigmatize nor otherwise disrespect the disadvantaged.

Most contemporary accounts of moral responsibility take desert to play a central role in the nature of moral responsibility. It is also assumed that desert is a backward-looking concept that is not directly derivable from any forward-looking or consequentialist considerations, such as whether blaming an agent would deter the agent from performing similar bad actions in the future. When determining which account of moral responsibility is correct, proponents of desert-based accounts often take intuitions about cases to provide evidence either in (...) favor of or against a proposed theory. In this paper, I discuss two experiments that test whether folk intuitions accord with what desert-based accounts would predict. Results suggest that moral responsibility intuitions are sensitive to forward-looking considerations, thus posing a problem for desert-based accounts of moral responsibility. If appealing to intuitions about cases is a valid method of discovering the nature of moral responsibility and desert, it seems either desert is not entirely backward-looking or moral responsibility is not exclusively desert-based. These experimental results also suggest that consequentialist accounts of moral responsibility, which have largely been abandoned due to their counterintuitive nature, are perhaps not so counterintuitive after all. (shrink)

I argue that the blameworthy deserve to suffer in that they deserve to feel guilt, which is the unpleasant experience of appreciating one’s apparent culpability for having done wrong. I argue that the blameworthy deserve to feel guilt because they owe it to those whom they’ve culpably wronged to (a) hold themselves accountable, (b) manifest the proper regard for those whom they’ve wronged, and (c) appreciate their culpability for, and the moral significance of, their wrongdoing. And I argue that the (...) blameworthy must feel guilt to satisfy a–c. What’s more, I argue that, in thinking about whether the blameworthy deserve to feel guilt, we need to compare the world in which the blameworthy feel guilt to the world in which the non-blameworthy feel guilt, for, as I argue, it’s insufficient to compare only the world in which the blameworthy feel guilt to the world in which the blameworthy don’t feel guilt. (shrink)

T. M. Scanlon’s contractualism is a meta-ethical theory that explains moral motivation and also provides a conception of how to carry out moral deliberation. It supports non-consequentialism – the theory that both consequences and deontological considerations are morally significant in moral deliberation. Regarding the issue of punishment, non-consequentialism allows us to take account of the need for deterrence as well as principles of fairness, justice, and even desert. Moreover, Scanlonian contractualism accounts for permissibility in terms of justifiability: An act is (...) permissible if and only if it can be justified to everyone affected by it. This contractualist thesis explains why it is always impermissible to frame an innocent person, why vicarious punishment is impermissible, and why there has to be a cap on sentences. Contractualism therefore allows us to take deterrence as a goal of punishment without the excess of utilitarianism. This paper further argue that the resulting view is superior to pure retributivism. Finally, it shows why legal excuses and mitigation can be justified in terms of the notion of negative desert. (For access to this paper: http://www.tandfonline.com/eprint/sJ2JBVXkztyFMGmxS7tS/full ) . (shrink)

This paper outlines a new conative theory of blame. I argue that the best-known conative approaches to blame (Scanlon 1998, 2008, Sher 2006a) misrepresent the cognitive and dispositional components of blame. Section 1 argues, against Scanlon and Sher, that blaming involves the judgment that an act or state is the fault of the blamed. I also propose an alternative dispositional condition on which blaming only occurs if it matters to the blamer whether the blamed gets the punishment that she deserves. (...) In Section 2, I discuss objections to judgment-based accounts of blame (that they cannot tell the difference between blaming and judging to be blameworthy, that they cannot explain why blame is often accompanied by emotion, and that they cannot make sense of irrational blame), and I argue that my proposal can handle all of them. (shrink)

Outside of philosophy, the idea that workers deserve to be paid according to their productive contributions is very popular. But political philosophers have given it relatively little attention. In this paper, I argue against the attempt to use this idea about desert and contribution to vindicate significant income inequality. I claim that the inegalitarian invocation of reward according to contribution fails on its own terms when the following condition holds: the size of each worker's contribution depends on what others only (...) together do. When workers only together make another more productive, that is not reflected in the sum of their own contributions. Thus reward according to contribution recognizes individual accomplishments without recognizing their dependence on collectives, dependence that is, in complex economies, ubiquitous. (shrink)

Roger Crisp, in his book Reasons and Goodness, argues in favour of de-moralizing our philosophical reflection on ethics. This paper begins by explaining what ‘de-moralizing’ means. Then the paper assesses Crisp’s argument for de-moralizing and puts forward arguments against de-moralizing.

Retributivism may seem wholly uninterested in the fit between penal policy and public opinion, but on one rendition of the theory, here called ‘popular retributivism,’ deserved punishments are constituted by the penal conventions of the community. This paper makes two claims against this view. First, the intuitive appeal of popular retributivism is undermined once we distinguish between context sensitivity and convention sensitivity about desert. Retributivism in general can freely accept context sensitivity without being committed to the stronger notion of convention (...) sensitivity. Second, it is not obviously a merit of popular retributivism that it admits a gradual lowering of punishments by softening public opinion. Retributivists have reason to be skeptical of softening public opinion if it comes at the price of undermining the extent to which offenders are thought to deserve censure. In sum, in this paper, I argue that there are ways of making retributivism sensitive to public opinion without arriving at the conclusion that popular penal conventions should govern retributive justice itself. (shrink)

Derk Perebooms Free Will, Agency, and Meaning in Life (2014) provides the most lively and comprehensive defense of free will skepticism in the literature. It contains a reworked and expanded version of the view he first developed in Living without Free Will (2001). Important objections to the early book are answered, some slight modifications are introduced, and the overall account is significantly embellished—for example, Pereboom proposes a new account of rational deliberation consistent with the belief that one’s actions are causally (...) determined (ch.5) and develops a forward-looking theory of moral responsibility consistent with free will skepticism (ch.6). A significant contribution to the field, Free Will, Agency, and Meaning in Life is destined to become a classic and is essential reading for anyone interested in free will and moral responsibility. (shrink)

When a group does harm, sometimes there’s no obvious individual who bears moral responsibility, and yet we still intuit that someone is to blame. This apparent ‘deficit’ of moral responsibility has led some scholars to posit that groups themselves can be responsible, and that this responsibility is distributed in some uniform fashion among group members. This solution to the deficit, however, risks providing a scapegoat for individuals who have acted wrongly and shifting blame onto those who have not. Instead, this (...) article argues that, in most deficit cases, moral responsibility is borne not by the group but by specific individual members. When an individual acts within a group, she gains an increased potential for doing harm – and, accordingly, heightened duties of care toward others. These duties can, depending on the individual’s position, require amending the group’s rules, procedures, and norms. In most deficit cases, it is individuals who have failed to fulfill these duties who are responsible. (shrink)

Wimpy retributivism finds reasons to refrain from giving the blameworthy and culpable what they deserve, even if it comes to very little. These reasons have to do with the moral hazards of being mistaken about when harsh treatment is justified. A moral influence theory can help supplement retributivist reasons with further consequentialist considerations and thereby keep these skeptical worries in check.

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)

H.-J. Glock has made important contributions to discussions of rationality, reasons, and rules. This chapter addresses four conceptions of rationality that Glock identifies. One of these conceptions of rationality is that rationality consists in responsiveness to reasons. This chapter goes on to consider the idea that reasons became prominent in normative ethics because of their usefulness in articulating moral pluralism. The final section of the chapter connects reasons and rules and contends that both are ineliminable.

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)

It is a truism that there are erroneous convictions in criminal trials. Recent legal findings show that 3.3% to 5%of all convictions in capital rape-murder cases in the U.S. in the 1980s were erroneous convictions. Given this fact, what normative conclusions can be drawn? First, the article argues that a moderately revised version of Scanlon’ s contractualism offers an attractive moral vision that is different from utilitarianism or other consequentialist theories, or from purely deontological theories. It then brings this version (...) of Scanlonian contractualism to bear on the question of whether the death penalty, life imprisonment, long sentences, or shorter sentences can be justified, given that there is a non-negligible rate of erroneous conviction. Contractualism holds that a permissible act must be justifiable to everyone affected by it. Yet, given the non-negligible rate of erroneous conviction, it is unjustifiable to mete out the death penalty, because such a punishment is not justifiable to innocent murder convicts. It is further argued that life imprisonment will probably not be justified (unless lowering the sentence to a long sentence will drastically increase the murder rate). However, whether this line of argument could be further extended would depend on the impact of lowering sentences on communal security. (shrink)

Helen Steward holds that an agent’s settling something does not require a conscious, full-fledged intention. Rather, sub-intentional acts can be instances of settling by the agent if that act is subordinated to the agent’s personal-level conscious systems. I argue that this position is mistaken, and that agential settling does in fact require a conscious intention. I argue for this claim by offering a case which on Steward’s position has counterintuitive implications. I consider a variety of ways in which Steward might (...) respond, and show how each response incurs serious dialectical burdens. I then propose my preferred view of agential settling which does not share the aforementioned counterintuitive claims. (shrink)

This paper compares Joseph Heath’s critique of the just deserts rationale for markets with an earlier critique due to Frank Knight, Milton Friedman, and Friedrich Hayek. Heath shares their emphasis upon the role of luck in prices based on supply and demand. Yet he avoids their claim that the inheritance of human capital is on a moral par with the inheritance of ordinary capital, as a basis for unequal shares of the social product. Heath prefers to argue that markets do (...) not tend to reward talent as such. The paper raises some doubts about this factual claim, and argues that sweeping the issue of talent under the rug threatens to make our theory of justice less egalitarian than it would otherwise be. The paper also addresses the objection that claims of unfairness based on the arbitrariness of the distribution of innate abilities will undermine self-respect. (shrink)

It is a truism that there are erroneous convictions in criminal trials. Recent legal findings show that 3.3% to 5% of all convictions in capital rape-murder cases in the U.S. in the 1980s were erro...

In Punishment and the Moral Emotions, Jeffrie Murphy rejects his earlier, strong endorsements of retributivism. Questioning both our motivations for embracing retributivism and our views about the basis of desert, he now describes himself as a “reluctant retributivist.” In this essay, I argue that Murphy should reject retributivism altogether. Even if we grant that criminals have negative desert, why should we suppose that it is desert of suffering? I argue that it is possible to defend desert-based theories of punishment that (...) reject this view of the object of desert. I consider, but reject, expressivist versions of such a theory. (shrink)

It is typically thought that a student deserves—or at least can deserve—a grade in a class. The students who perform well on assessments, who display a high degree of competence, and who complete all of the required work, deserve a good grade. Students who perform poorly on assessments, who fail to understand the course material, and who fail to complete the required work, deserve a bad grade. In this paper, I raise a challenge to this conventional view about grades. In (...) particular, I challenge the idea that grades—understood appropriately—can be objects of desert for class performance. In other words, grades are simply not the kind of thing that can be deserved. The argument is roughly as follows. In general, when some property or quality of ours is measured, where that property or quality is something that makes us deserving of something, the measurement, itself, is not the thing that is or could be deserved. Grades, however, are a measure of student performance, where performance is meant to be the basis on which students deserve their grades. Since they are mere measures of performance, grades are not and could not be deserved on the basis of performance, and so are not possible objects of desert. Rather, they serve as evidence of the desert basis (academic performance, e.g.) that grounds a student’s being deserving of other objects (praise or recognition, e.g.). In short, grades, at best, measure how deserving one is, but grades themselves are not deserved. (shrink)

Roger Crisp, in his book _Reasons and Goodness_, argues in favour of de-moralizing our philosophical reflection on ethics. This paper begins by explaining what ‘de-moralizing’ means. Then the paper assesses Crisp’s argument for de-moralizing and puts forward arguments against de-moralizing.

This article explores, comparatively and critically, Sidgwick’s and Rawls’s reasons for rejecting desert as a principle of distributive justice. Their ethical methods, though not identical, each re...