One of P. F. Strawson's suggestions in “Freedom and Resentment” was that there might be an elegant theory of moral responsibility that accounted for all of our responsibility responses in a way that also explained why we get off the hook from those responses. Such a theory would appeal exclusively toquality of will: when we react with any of a variety of responsibility responses to someone, we are responding to the quality of her will with respect to us, and when (...) we let her off the hook, we are doing so in virtue of her lacking the capacity for the relevant quality of will. Strawson's own attempt to put forward such a view fails, for reasons Gary Watson has given, but several other theorists have advanced their own, more developed,Pure Quality of Willtheories in recent years. Specifically, there have been three distinct interpretations of “will” defended in the literature, yielding three different possible targets of our responsibility responses: quality ofcharacter, quality ofjudgment, or quality ofregard.My first task in this essay will be to show that none of these theories individually can captureallof our responsibility responses, given our deeply ambivalent responses to several marginal cases. One reaction to this fact might be to abandon the quality of will approach altogether. Another, more plausible, reaction is to develop a pluralistic account of responsibility, one that admits three noncompeting conceptions of responsibility, each of which emphasizes one of the three different qualities of will as the target of a distinct subset of our responsibility responses. On this pluralistic approach, marginal agents might be responsible on some conceptions, but not responsible on others. In the bulk of the paper, I discuss each of the relevant subsets of responsibility responses, the different qualities of will they target, what the capacities for the three qualities of will are, and how the pluralistic qualities of will approach could account for our ambivalence in the marginal cases. (shrink)

In this paper, I investigate the role played by Quality of Will in Michael McKenna’s conversational theory of responsibility. I articulate and press the skeptical challenge against it, and then I show that McKenna has the resources in his account to deflect it.

It is notable that all of the leading theories of blame have to employ ungainly fixes to deflect one or more apparent counterexamples. What these theories share is a content‐based theory of blame's nature. Such approaches overlook or ignore blame's core unifying feature, namely, its function, which is to signal the blamer's commitment to a set of norms. In this paper, we present the problems with the extant theories and then explain what signaling is, how it functions in blame, why (...) appealing to it resolves the problems in other theories, what the signaling function implies for a wider range of gray‐area cases, and what the larger significance is of blame's core function for interpersonal interactions in a variety of (non‐moral) normative domains. (shrink)

abstractThis paper addresses the relation between morality and private thought. It is widely agreed that government and society have no business trying to control our thoughts—that, as long as we d...

A review of _Wittgenstein’s Moral Thought,_ edited by Reshef Adam-Segal and Edmund Dain.

In his seminal essay “Freedom and Resentment,” Strawson drew attention to the role of such emotions as resentment, moral indignation, and guilt in our moral and personal lives. According to Strawson, these reactive attitudes are at once constitutive of moral blame and inseparable from ordinary interpersonal relationships. On this basis, he concluded that relinquishing moral blame isn’t a real possibility for us, given our commitment to personal relationships. If well founded, this conclusion puts the traditional free-will debate in a new (...) light. In particular, in so far as incompatibilists believe that we can or should forgo moral blame if determinism is true, their stance may seem out of touch with our emotional reality. Here I examine Strawson’s claim that the reactive attitudes are inseparable from ordinary interpersonal relationships. Strawson says surprisingly little to support this intriguing claim, and thus far no argument for it has emerged in the literature. My aim is to remedy this. Specifically, I set out an argument for a suitably formulated version of the inseparability claim, an argument that appeals to the relationship between the reactive attitudes and other elements of our emotional lives. I then show how this argument helps to answer an important recent challenge to Strawson’s position. If I am right, there is good reason to doubt that the reforms envisaged by some incompatibilists, reforms to our blame-related practices, are a real possibility for us. (shrink)

Blackmail raises a pair of parallel legal and moral problems, sometimes referred to as the "paradox of blackmail". It is sometimes legal and morally permissible to ask someone for money, or to threaten to release harmful information about them, while it is illegal and morally impermissible to do these actions jointly. I address the moral version of this paradox by bringing instances of blackmail under a general account of wrongful coercion. According to this account, and contrary to the appearances which (...) give rise to the paradox, threatening the release of harmful information to constrain another's actions is almost never morally impermissible unless it is likewise impermissible to carry out one's threat. To defend this claim I identify a special wrong that arises in the paradoxical cases of threatened information release. The account also resolves a number of other puzzles about blackmail—for example, why profiting from a threat in blackmail can sometimes be impermissible, even though accepting identical payment from an independent offer to retain the same information can be permissible. (shrink)

Argues that there is no one it is irrational to love, that it is rational to act with partiality to those we love, and that the rationality of doing so is not conditional on love. It follows that Anscombe and Taurek are right: you are not required to save three instead of one, even when those you could save are perfect strangers.

According to an influential and intuitively appealing argument, morality is usually continuous, namely, a gradual change in one morally significant factor triggers a gradual change in another; the law should usually track morality; therefore, the law should often be continuous. This argument is illustrated by cases such as the following example: since the moral difference between a defensive action that is reasonable and one that is just short of being reasonable is small, the law should not impose a severe punishment (...) when the action is almost reasonable and no punishment at all when the action is reasonable. In this Article, I consider two doubts regarding this argument. First, the premise that morality is continuous in such cases is incompatible with the common view that the moral status of actions is not continuous since there is an important difference between actions that are permissible and actions that are wrong— even if this difference is due to a difference that is very small, such as the one between an action whose consequences are the best and an action whose consequences are just slightly less good. This view extends also to the overall moral status of agents given the common assumption that it depends on the moral status of their actions. This is an important challenge that the Continuity Argument should confront. However, I argue that the best account of morality is more scalar than the common view in these respects. Therefore, I conclude that the first premise of the Continuity Argument is correct in this regard, although it is based on a minority view. The second doubt concerns the scope of the second premise: since there are reasons both in favor and against legal continuity, and the applicability and force of these reasons depend not only on various moral propositions but also on contingent non-moral facts, we often lack the evidence to determine the degree to which the law, at a certain place and time, should be continuous, and specifically that it should often be continuous. (shrink)

A common concern regarding affirmative action is that it sanctions the selection of candidates whose qualifications are not the best overall and that this is inefficient or unjust or both. I argue that this concern is misguided, since there is no independent concern regarding qualifications with respect to the moral status of affirmative action. The only sense in which qualifications are not morally arbitrary—and the only sense in which there is a reason to select the most qualified candidate—is purely instrumental (...) to the promotion of moral values whose fundamental concern is not qualifications. (shrink)

Im Beitrag wird die übliche, intuitionsbasierte Bewertung ethischer Gedankenexperimente hinterfragt und stattdessen für ein neo-kantisches Verfahren der Bewertung argumentiert. Hierzu wird nach einer kurzen systematisch-historischen Verortung zunächst eine grobe Kategorisierung vorgenommen, die erstens nach der Funktion, zweitens nach der Fragestellung erfolgt, auf die Gedankenexperimente antworten. Das vorgeschlagene, neo-kantische Verfahren eignet sich insbesondere zur Bewertung einer bestimmten Kategorie von Gedankenexperimenten: Dilemmatische Situationen, in denen eine Abwägung von Menschenleben zur Debatte steht, weil nicht alle Beteiligten überleben können. Anhand von drei ausgewählten Gedankenexperimenten (...) wird das jeweilige Bewertungsverfahren betrachtet. Im Zuge des neokantischen Verfahrens wird ein „Rollentausch“ vorgenommen und danach gefragt, was alle Betroffenen „rationalerweise wollen“ können. Während die Präferenzen der Täter, die das Dilemma erst verursachen, nicht in die Überlegung eingehen, hängt die Bewertung der Perspektive der Opfer von Art und Ausmaß ihrer Bedrohung ab. Passagiere und Crew des entführten Flugzeugs, deren Tod unausweichlich bevorsteht, könnten einem Abschuss, der vielen anderen das Leben rettet, rationalerweise zustimmen. Beim Gedankenexperiment von Jim und den Indianern ist dies nur bedingt der Fall. In fast allen Varianten des Trolley-Experiments kann nicht davon ausgegangen werden, dass die jeweilige Person der Opferung ihres Lebens für andere zustimmt. In einem letzten Punkt wird auf den Einwand Humes eingegangen, dass weder ein radikal egoistisches noch ein übertrieben altruistisches Wollen als „irrational“ bezeichnet werden kann. (shrink)

ABSTRACTRevisionists about Aquinas’ teaching on private self-defence take the standard reading to hold that Aquinas applies a version of the Doctrine of Double Effect according to which the intentional killing of a wrongful attacker by a private person is morally prohibited while the non-intentional but foreseeable killing of the attacker is permitted. Revisionists dispute this reading and argue that Aquinas permits the intentional killing of wrongful attackers. I argue that revisionists mischaracterize the standard reading of Aquinas. I consider one of (...) its main proponents, Antonio de Córdoba. When Córdoba condemned the intentional killing of wrongful attackers by private persons, he was not applying DDE. Rather, he was arguing that when you decide to kill an attacker you treat the attacker as a resource for the private end of saving your life. Killing a member of your community is a form of irrevocable social exclusion. This decision ought to be left to the public authorities. The disagreement between the authors defending the standard view and their critics was not about DDE but rather about the moral limits that membership in a community sets on the pursuit of private ends, including the private end of staying alive. (shrink)

According to relational egalitarians, equality is not primarily about the distribution of some good but about people relating to one another as equals. However, compared with other theorists in political philosophy – including other egalitarians – relational egalitarians have said relatively little on what role personal responsibility should play in their theories. For example, is equality compatible with responsibility? Should economic distributions be responsibility-sensitive? This article fills this gap. I develop a relational egalitarian framework for personal responsibility and show that (...) relational equality commits us to responsibility. I develop two sets of arguments. First, I draw on relational theories of moral responsibility – particularly Strawsonian views – to show that valuable egalitarian relationships require responsibility. Second, I show why relational equality sometimes requires that economic distributions be sensitive to responsibility and choice. I also defend a seemingly paradoxical result: being committed to responsibility, relational egalitarianism not only justifies some distributive inequalities but some relational inequalities too. Overall, relational egalitarianism gives a nuanced and coherent answer as to why and how responsibility matters from within egalitarianism. That it does should be an important argument in its favour. (shrink)

According to what we propose to call “the competence model,” competence is a necessary condition for valid informed consent. If a person is not competent to make a treatment decision, the decision must be made by a substitute decision-maker on her behalf. Recent reports of various United Nations human rights bodies claim that article 12 of the Convention on the Rights of Persons with Disabilities involves a wholesale rejection of this model, regardless of whether the model is based on a (...) status, outcome, or functional approach to competence. The alleged rationale of this rejection is that denying persons the right to make their own treatment decisions based on an assessment of competence necessarily discriminates against persons with mental disorders. Based on a philosophical account of the nature of discrimination, we argue that a version of the competence model that combines supported decision-making with a functional approach to competence does not discriminate against persons with mental disorders. Furthermore, we argue that status- and outcome-based versions of the competence model are discriminatory. (shrink)

Is equality a distributive value or does it rather point to the quality of social relationships? This article criticizes the distributive character of luck egalitarian theories of justice and fleshes out the central characteristics of an alternative, relational approach to equality. It examines a central objection to distributive theories: that such theories cannot account for the significance of how institutions treat people (as opposed to the outcomes they bring about). I discuss two variants of this objection: first, that distributive theories (...) fail to account for the importance of how institutions cause good shortfalls and, second, that they fail to account for the normative attitude of social and political institutions expressed in different ways of treating people. The article argues that the causal variant of the objection has only very limited reach, and endorses the expressive variant: the attitudes expressed by institutions in their treatment of persons, such as contempt or neglect, generate potentially unjust social relationships and hierarchies. This should be the focus of a relational egalitarian approach to social justice. The article proceeds to explain how it is possible that artificial agents such as institutions have attitudes and how these attitudes are not reducible to those of the individuals that sustain them, and argues that distributive theories cannot be so modified as to account for such attitudes. It concludes by indicating several directions for the development of more worked-out conceptions of relational equality on this basis. (shrink)

In discussing the ways in which we hold each other accountable for immoral conduct, philosophers have often focused on blame, aiming to specify adequate responses to wrongdoing. In contrast, theorizing about the ways we can appropriately respond to minor moral mistakes – i.e., criticizable conduct that is bad but not wrong – has largely been neglected. My first goal in this paper is, thus, to draw attention to this blind spot and argue that a separate account of blameless moral criticism (...) is desirable. My second goal is to propose one way to explicate the contrast between blaming and blameless moral criticism in terms of the contrast between moral anger and moral disappointment: while moral anger, as many argue, is an appropriate response to moral wrongdoing, moral disappointment, but not moral anger, is an appropriate response to these minor moral mistakes. (shrink)

The aim of this paper is to shed light on the complex relations between friendship and blame. In the first part, I show that to be friends is to have certain evaluative, emotional and behavioral dispositions toward each other, and distinguish between two kinds of norms of friendship, namely friendship-based obligations and friendship-constituting rules. Friendship-based obligations tag actions of friends as obligatory, permissible or wrong, whereas friendship-constituting rules specify conditions that, if met, make it so that two persons stand in (...) a particular type of relationship defined by various friendship-based obligations. I argue that whereas friendship-based obligations apply to actions under direct voluntary control, friendship-constituting rules apply to emotional and evaluative attitudes. The second part develops an account of friendship blame by comparing Scanlon’s account of blame with Wallace’s Strawsonian account of blame. I demonstrate that Scanlon’s account picks out responses that become appropriate when friends’ attitudes are not in agreement with friendship-constituting rules, whereas Wallace’s account picks out responses that become appropriate when friends violate friendship-based obligations. Arguing that the responses picked out by Scanlon’s account do not amount to blame, I show that, when combined, the views give an illuminating picture of possible reactions to friends who fall short of the standards of friendship. (shrink)

I will argue that a desert-based justification for treating a person in a certain way is a justification that holds this treatment to be justified simply by what the person is like and what he or she has done, independent of (1) the fact that treating the person in this way will have good effects (or that treating people like him or her in this way will have such effects); (2) the fact that this treatment is called for by some (...) (justified) institution or practice; or (3) the fact that the person could have avoided being subject to this treatment by choosing appropriately, and therefore cannot complain of it. I will explore the implications of this understanding of desert for the role of desert-based justifications of blame, punishment, and economic reward. (shrink)

Knobe reports that subjects' judgments of whether an agent did something intentionally vary depending on whether the outcome in question was seen by them as good or as bad. He concludes that subjects' moral views affect their judgments about intentional action. This conclusion appears to follow only if different meanings of “intention” are overlooked.

Ratio, Volume 34, Issue 4, Page 261-276, December 2021.

Not only is the common‐law standard of proof of mere likelihood in ordinary civil cases justifiable, but its justifiability supports the conclusion that there is no general norm that one must assert that p only if p is known. An argument by Voltaire is formalized to show that the mere likelihood standard is rational. It is also shown that no applicable norm preempts the common‐law rule. An objection that takes the pertinent knowledge‐norm to be honoured in the breach is rejected (...) by appeal to the absence of blameworthiness in alleged breaches of interest. An objection that takes civil verdicts to be manifestations of acceptance, rather than assertoric, is considered and rejected. (shrink)

The orthodox reading of Peter Strawson's “Freedom and Resentment” tends to hide interesting elements of its underlying argumentative structure. Recognition of a distinction Strawson draws between two classes of reactive attitudes raises a question about how the distinct discussions are related. The orthodox reading seems to assume the only relevant difference between the two classes is one of perspective; however, this reading obscures the analogical nature of Strawson's argument and encourages a conflation of distinct elements within that argument. In this (...) paper, I show that an analogical interpretation of the relationship between the distinct classes of attitudes reveals differences between them that have interesting implications for the secondary literature that has developed around Strawson's famous essay. (shrink)

T. M. Scanlon posits a universal moral relationship in response to the worry that his relational approach to blame cannot answer the question of how strangers can fittingly blame one another. However, commentators have noted that appealing to universal moral standards seems to explicitly deviate from a relational approach’s basis in actual relationship norms. This paper argues that Scanlon’s idea of a moral relationship can nevertheless provide a basis for response to the problem of strangers if we recognize that actual (...) and ideal moral relationships both play a role within the relational approach. An interesting consequence of this recognition is that it seems to undermine the moral relationship’s universality. However, a presumptive case for assuming the relationship exists even between strangers can be found in seeing our blaming practices as akin to public policy nudges, where blame operates like an opt-out choice architecture with respect to the moral relationship. On this understanding, though the moral relationship is escapable, individuals are naturally encouraged to participate through the expression of interpersonal attitudes that communicate relational norms and expectations. (shrink)

This essay is motivated by the thought that the things we do are to be distinguished from our acts of doing them. I defend a particular way of drawing this distinction before proceeding to demonstrate its relevance for normative ethics. Central to my argument is the conviction that certain ongoing debates in ethical theory begin to dissolve once we disambiguate the two concepts of action in question. If this is right, then the study of action should be accorded a far (...) more prominent place within moral philosophy than previously supposed. I end by considering an extension of the above to aesthetic evaluation and,mutatis mutandis, that of our lives in general. (shrink)

Moral luck occurs when factors beyond an agent’s control affect her blameworthiness. Several scholars deny the existence of moral luck by distinguishing judging blameworthy from blame-related practices. Luck does not affect an agent’s blameworthiness because morality is conceptually fair, but it can affect the appropriate degree of blame for that agent. While separatism resolves the paradox of moral luck, we aim to show it that it needs amendment, because it is unfair to treat two equally blameworthy people unequally. We argue (...) that separatists should conceive fairness as a pro tanto reason for blame. By locating fairness as a ground for blame within a wider axiology of blame, separatism could resolve the challenge of blaming fairly. In such an axiology, reasonable and fair blame diverge. (shrink)

It is commonly believed that the Doctrine of Double Effect is identical with, or presupposes, the Intention Principle according to which an act can be impermissible if done with a wrongful intention. A main line of objections to the DDE, then, stems from the worry that the Intention Principle implausibly interiorizes the wrongness of an action. I will argue, first, that the DDE does not presuppose the Intention Principle, and, second, that intuitions brought against the Intention Principle do not warrant (...) us to reject the DDE. Therefore, a main line of objections to the DDE is misguided. (shrink)

It is usually thought that wrongful acts of threat-involving coercion are wrong because they involve a violation of the freedom or autonomy of the targets of those acts. I argue here that this cannot possibly be right, and that in fact the wrongness of wrongful coercion has nothing at all to do with the effect such actions have on their targets. This negative thesis is supported by pointing out that what we say about the ethics of threatening (and thus the (...) ethics of coercion) constrains what we can say about the ethics of warning and offering. Importantly, our favoured explanation of the wrongness of certain kinds of threatening should not commit us to condemning as wrong parallel cases of warning and offering. My positive project is to show how this can be done. I defend the claim that wrongful coercion is nothing more than the issuing of a conditional threat to do wrong, and that an agent's issuing of a conditional threat to do wrong is wrong because it constitutes motivation for that agent to adopt the announced intention to do wrong. The idea of explaining the wrongness of wrongful coercion in this way has gone unnoticed because we have thus far been mistaken about what a threat is. In this essay I present my moral analysis of coercion only after presenting a careful descriptive analysis of threats. On my view, it is essential to a threat that the announced intention is one that the agent does not possess before announcing it. This analysis makes it possible to elucidate the descriptive differences between threats, warnings and offers, which sets up the later project of elucidating the moral differences between them. (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)

Non‐reflectivist real self views claim that people are morally responsible for all and only those bits of conduct that express their true values and cares, regardless of whether they have endorsed them or not. A phenomenon that is widely cited in support of these views is inverse akrasia, that is, cases in which a person is praiseworthy for having done the right thing for the right reasons despite her considered judgment that what she did was wrong. In this paper I (...) show that non‐reflectivist real self views are problematic by focusing on the related but neglected phenomenon of inverse enkrasia, which occurs when an agent commits wrongdoing by following a mistaken evaluative judgment that, unbeknownst to her, runs contrary to her true values and cares. Intuitively, inverse enkratics are blameworthy for their actions although the latter don't express their real selves; therefore, non‐reflectivist real self views are false. I assess the implications of this result for the viability of the quality of will paradigm and conclude that the latter survives unscathed to the problems besetting real self views. The lesson is that defenders of the quality of will paradigm should stop talking about real selves altogether. (shrink)

When agents insert technological systems into their decision-making processes, they can obscure moral responsibility for the results. This can give rise to a distinct moral wrong, which we call “agency laundering.” At root, agency laundering involves obfuscating one’s moral responsibility by enlisting a technology or process to take some action and letting it forestall others from demanding an account for bad outcomes that result. We argue that the concept of agency laundering helps in understanding important moral problems in a number (...) of recent cases involving automated, or algorithmic, decision-systems. We apply our conception of agency laundering to a series of examples, including Facebook’s automated advertising suggestions, Uber’s driver interfaces, algorithmic evaluation of K-12 teachers, and risk assessment in criminal sentencing. We distinguish agency laundering from several other critiques of information technology, including the so-called “responsibility gap,” “bias laundering,” and masking. (shrink)

Hypocrisy is widely thought to be morally objectionable in a way that undermines the hypocrite’s moral standing to blame others. To wit, we seem to intuitively accept the “Nonhypocrisy Condition:” R has the standing to blame S for some violation of a moral norm N only if R’s blaming S is not hypocritical. This claim has been the subject of intensifying philosophical investigation in recent years. However, we can only understand why hypocrisy is morally objectionable and has an effect on (...) standing to blame if we can correctly characterize hypocrisy itself. Unfortunately, some recent discussions fail to do this, which fatally undermines subsequent arguments concerning the effect of hypocrisy on the standing to blame. This paper’s central aim is to develop and defend a better account of hypocrisy. The hope is that with such an account in hand, we can explain and perhaps justify our moral aversion to hypocrisy in general as well as the Nonhypocrisy Condition in particular. (shrink)

The paper examines the conditions under which we are responsible for actions performed under duress, focusing on a real case in which a soldier was compelled at gunpoint to participate in the massacre of civilian prisoners. The case stands for a class of cases in which the compelled act is neither clearly justified nor clearly excused on grounds of temporary incapacity, but in which it is nonetheless plausible that the agent is not morally blameworthy. The theoretical challenge is to identify (...) the excuse in such cases and to explain its basis. The paper argues that when mortal duress excuses in cases of this sort, it does so because the compelled act, though impermissible and freely chosen, nonetheless fails to manifest ‘an insufficiently good will’. The argument depends on a potentially controversial thesis in the ethics of concern, namely, that a thoroughly decent moral agent—someone who cares enough about morality and the values that underlie it—will not always be moved to do what he knows he ought to do. (shrink)

P.F. Strawson famously argued that reactive attitudes and ordinary moral practices justify moral assessments of blame, praise, and punishment. Here we consider whether Strawson's approach can illuminate the concept of desert. After reviewing standard attempts to analyze this concept and finding them lacking, we suggest that to deserve something is to justifiably receive a moral assessment in light of certain criteria – in particular, eligibility criteria (a subject's properties that make the subject principally eligible for moral assessments) and assignment criteria (...) (particulars about the subject, act, and circumstances that justify assessments such as blame in a particular case). Strawson's analysis of the ordinary attitudes and practices of moral assessment hints at these criteria but does not unequivocally ground a notion of desert. Following Strawson's general naturalistic approach, we show that recent psychological research on folk concepts and practices regarding freedom, moral responsibility, and blame illuminates how people actually arrive at moral assessments, thus revealing the very eligibility criteria and assignment criteria we suggest ground a concept of desert. By pushing the Strawsonian line even further than Strawson did, by empirically investigating actual moral practice and folk understandings, we can illuminate desert and lend credence to Strawson's general anti-metaphysical position. (shrink)

It is intuitive that, under certain circumstances, it can be disrespectful or patronizing to excuse someone for an attitude. While it is easy enough to find instances where it seems disrespectful to excuse an attitude, matters are complicated. When and why, precisely, is it disrespectful to judge that someone is not responsible for his attitude? In this paper, I show, first, that the extant philosophical literature on this question is underdeveloped and overgeneralized: the writers who address the question suggest quite (...) strikingly that it is always disrespectful to excuse a sane, rational agent for his attitude, and their arguments rely on false generalizations about what is involved in excusing an attitude. I then sketch an account of respect to explain when and why it is disrespectful to excuse an attitude. Using this account, I show that one can coherently excuse an attitude even in some cases where that attitude was produced by a responsiveness to reasons. (shrink)

I start by presenting an intuitively appealing account of forgiveness, ‘the insult account’, which nicely explains the cycle from wrongdoing to forgiveness. We need to respond to wrongdoing by blaming our offenders because they insult us with their actions, 529–55, 2001; Hampton 1988a, b). How can wrongdoing be overcome? Either by the retraction of the insult or by taking necessary steps to correct for the wrong done. Once the insult has been retracted, usually by apology or remorse, forgiveness can come (...) about. Martin The Journal of Philosophy, 107, 534–53, has recently criticized this promising account of forgiveness. My aim here is to defend an improved version of the ‘insult account’. I propose an account of earned forgiveness through apology, which shares features with the ‘insult account’ criticized by Martin, but also improves upon problems found in the ‘insult account’. This new account will successfully solve the puzzle of forgiveness. Drawing on Bovens’ account of apologies, I argue that apologies uniquely earn the wrongdoer’s forgiveness. I finally address a concern about the relation between apologies and forgiveness, recently raised by Hallich Ethical Theory and Moral Practice, 16, 999–1017,. I argue that my expressive view of what the function of apologies is will answer his skepticism about apologies. (shrink)

In this article, we critically scrutinize the principle of proportionality when used in the context of security and government surveillance. We argue that McMahan’s distinction from just warfare between narrow proportionality and wide proportionality can generally apply to the context of surveillance. We argue that narrow proportionality applies more or less directly to cases in which the surveilled is liable and that the wide proportionality principle applies to cases characterized by ‘collateral intrusion’. We argue, however, that a more demanding criterion (...) than the lesser-evil justification that wide proportionality frequently entails is necessary in cases characterized by intentional intrusion upon non-liable individuals. The distinction between foreseeing and intending intrusion into the lives of individuals who are not liable has not previously been specifically addressed in discussions concerning surveillance ethics. This specification is thus increasingly important due to the general growing tendency for adherence to the precautionary principle and policies aimed at anticipating criminal acts before they are committed. Preventive surveillance of non-liable actors is considered an important instrument for obtaining this aim and thus calls for moral scrutiny in terms of permissibility and proportionality. We suggest the concept ‘wide proportionality +’ which applies to cases of intentional intrusion of non-liable individuals. (shrink)

In this paper I articulate a view of doxastic control that helps defend the legitimacy of our practice of blaming people for their beliefs. I distinguish between three types of doxastic control: intention-based, reason-based, and influence-based. First I argue that, although we lack direct intention-based control over our beliefs, such control is not necessary for legitimate doxastic blame. Second, I suggest that we distinguish two types of reason-responsiveness: sensitivity to reasons and appreciation of reasons. I argue that while both capacities (...) are necessary for satisfying the control condition, neither is sufficient. Finally, I defend an influence-based view of doxastic control according to which we have the capacity to execute intentions to engage in reflection that causally influences our beliefs in positive epistemic ways. This capacity is both necessary and sufficient for satisfying the control condition for legitimate doxastic blame. I end by defending the view from two objections: that reflection is not necessary for meeting the control condition, and that it is not sufficient. (shrink)

Contemporary philosophers of moral responsibility are in widespread agreement that we can only be blamed for actions that express, reflect, or disclose something about us or the quality of our wills. In this paper I reject that thesis and argue that self disclosure is not a necessary condition on moral responsibility and blameworthiness: reactive responses ranging from aretaic appraisals all the way to outbursts of anger and resentment can be morally justified even when the blamed agent’s action expresses or discloses (...) nothing significant about his or her “deep self,” judgments and cares, or the quality of his or her will. I argue that the self-disclosure requirement on responsibility overestimates the extent to which our blaming practices and responsibility judgments are responsive to agents as opposed to actions, and that this mistake has the potential to distort both our reactive responses and our understanding of blamed agents’ characters. (shrink)

Many legal, social, and medical theorists and practitioners, as well as lay people, seem to be concerned with the harmfulness of discriminative practices. However, the philosophical literature on the moral wrongness of discrimination, with a few exceptions, does not focus on harm. In this paper, I examine, and improve, a recent account of wrongful discrimination, which divides into a definition of group discrimination, and a characterisation of its moral wrong-making feature in terms of harm. The resulting account analyses the wrongness (...) of discrimination in terms of intrapersonal comparisons of the discriminatee’s actual, and relevantly counterfactual, well-being levels. I show that the account faces problems from counterfactuals, which can be traced back specifically to the orthodox - comparative, counterfactual, welfarist - concept of harm. I argue that non-counterfactual and non-comparative harm concepts face problems of their own, and don’t fit easily with our best understanding of discrimination; hence they are unsuitable to replace the orthodox concept here. I then propose a non-orthodox - comparative, counterfactual, hybrid - concept of harm, which relies on counterfactual comparisons of ways of being treated. I suggest how such a concept can help us handle the problems from counterfactuals, at least for my account of discrimination. I also show that there are similar proposals in other harm-related debates. An upshot of the paper is thus to corroborate the case for a non-orthodox, hybrid concept of harm, which seems better able to fulfil its functional roles in a variety of contexts. (shrink)

Some philosophers defend the fact-relative view of moral rights against harm:Whether B infringes A's right not to be harmed by ϕ-ing depends on what will in fact occur if B ϕs. B's knowledge of, or evidence about, the exact consequences of her ϕ-ing are irrelevant to the question of whether her ϕ-ing constitutes an infringement of A's right not to be harmed by B.In this paper I argue that the fact-relative view of moral rights is mistaken, and I argue for (...) an alternative view whereby our rights against harm depend on what we can reasonably demand of others. I illustrate the importance of this conclusion with a discussion of liability to defensive harm. (shrink)

The paper is aimed at providing general outlines of the more than two-century history of the theory of moral sanctions. It rests on a thesis about unity of all disciplines studying morality. The aim of the paper has been achieved trough an analysis of how some basic concepts were borrowed and basic ideas were transformed. The first tradition links moral sanctions with public condemnation. Some of its adherents simply identified public condemnation with moral sanction. This opinion prevailed until the middle (...) of the XXth century. Later it was suggested that a sanction becomes genuinely moral only when a transgressor herself is sensitive to condemnation because she recognizes that she deserves it and feels shame, guilt or remorse. It means that an external side of the sanction has to be complemented by an internal one. The first tradition presupposes a deep and thorough analysis of an external side of the moral sanction, i.e. various forms of sanctioning behavior (avoidance, censure, denunciation, reproach, scolding etc.) The second tradition was initiated by J.S. Mill and H. Sidgwick, it includes among moral sanctions the very negative emotions of self-appraisal. For adherents of this tradition, model and most important moral sanctions are internal: guilt and remorse. Characteristics of internal (autonomous) and external (heteronomous) sanctions were established in the XXth century anthropology. Later this distinction became current in the contemporary ethics. (shrink)