Philosophical discussions of legal ethics should be oriented around the generative problem , which asks two fundamental questions. First, how does the lawyer's role generate reasons? Second, what kinds of reasons can this role generate? Every extant theory of legal ethics is based on a solution to the generative problem. On the generative method , theories of legal ethics are evaluated based on the plausibility of these solutions. I apply this method to three prominent theories of legal ethics, finding that (...) none is based on a fully satisfactory solution to the generative problem. This method has important implication for the study of legal ethics. Philosophically, it moves theoretical debates about legal ethics closer to other debates about the sources of normativity, like those concerning promises. Further, this method identifies a realworld dimension to these theoretical debates. Focusing on the generative problem allows for the empirical verification of hypotheses about legal ethics that have, to date, largely been conjectured. (shrink)

Kantian socialists at the turn of the twentieth century, as well as contemporary authors seeking a principle with which to condemn capitalism, have turned to Kant’s Formula of the End in Itself. This article assesses the arguments from FEI against capitalism from the perspective of the issues that arise in interpreting and applying Kant’s formula. There are various strategies with which a Kantian might use FEI to condemn conduct that Kant did not use FEI to condemn. The article asks whether (...) any of the existing arguments from FEI employ plausible versions of these strategies to derive a strict duty from that formula’s Never Merely as a Means principle that condemns capitalism. (shrink)

It is widely agreed that hypocrisy can undermine one’s moral standing to blame. According to the Nonhypocrisy Condition on standing, R has the standing to blame some other agent S for a violation of some norm N only if R is not hypocritical with respect to blame for violations of N. Yet this condition is seldom argued for. Macalester Bell points out that the fact that hypocrisy is a moral fault does not yet explain why hypocritical blame is standingless blame. (...) She raises a challenge: one must explain what is distinct about hypocritical blame such that the hypocritical blamer lacks the standing to blame, even if the arrogant or petty blamer does not. Of those writing on hypocrisy, only we offer a direct response to Bell’s challenge. Recently, however, our account has come under criticism. We argue here that (1) our account can handle these criticisms and that (2) no other rival account adequately addresses Bell’s challenge of explaining what is uniquely objectionable about hypocritical blame. Because answering Bell’s challenge is a necessary component of any plausible account of the relationship between hypocrisy and standing, our account remains the best on offer. (shrink)

Bernard Williams is a sceptic about the objectivity of moral value, embracing instead a qualified moral relativism—the ‘relativism of distance’. His attitude to blame too is in part sceptical. I will argue that the relativism of distance is unconvincing, even incoherent; but also that it is detachable from the rest of Williams's moral philosophy. I will then go on to propose an entirely localized thesis I call the relativism of blame, which says that when an agent's moral shortcomings by our (...) lights are a matter of their living according to the moral thinking of their day, judgements of blame are out of order. Finally, I will propose a form of moral judgement we may sometimes quite properly direct towards historically distant agents when blame is inappropriate—moral-epistemic disappointment. Together these two proposals may help release us from the grip of the idea that moral appraisal always involves the potential applicability of blame, and so from a key source of the relativist idea that moral appraisal is inappropriate over distance. (shrink)

Hypocrites are often thought to lack the standing to blame others for faults similar to their own. Although this claim is widely accepted, it is seldom argued for. We offer an argument for the claim that nonhypocrisy is a necessary condition on the standing to blame. We first offer a novel, dispositional account of hypocrisy. Our account captures the commonsense view that hypocrisy involves making an unjustified exception of oneself. This exception-making involves a rejection of the impartiality of morality and (...) thereby a rejection of the equality of persons, which we argue grounds the standing to blame others. (shrink)

A familiar feature of our moral responsibility practices are pleas: considerations, such as “That was an accident”, or “I didn’t know what else to do”, that attempt to get agents accused of wrongdoing off the hook. But why do these pleas have the normative force they do in fact have? Why does physical constraint excuse one from responsibility, while forgetfulness or laziness does not? I begin by laying out R. Jay Wallace’s (Responsibility and the moral sentiments, 1994 ) theory of (...) the normative force of excuses and exemptions. For each category of plea, Wallace offers a single governing moral principle that explains their normative force. The principle he identifies as governing excuses is the Principle of No Blameworthiness without Fault: an agent is blameworthy only if he has done something wrong. The principle he identifies as governing exemptions is the Principle of Reasonableness: an agent is morally accountable only if he is normatively competent. I argue that Wallace’s theory of exemptions is sound, but that his account of the normative force of excuses is problematic, in that it fails to explain the full range of excuses we offer in our practices, especially the excuses of addiction and extreme stress. I then develop a novel account of the normative force of excuses, which employs what I call the “Principle of Reasonable Opportunity,” that can explain the full range of excuses we offer and that is deeply unified with Wallace’s theory of the normative force of exemptions. An important implication of the theory I develop is that moral responsibility requires free will. (shrink)

It is an orthodoxy of modern political thought that violence is morally incompatible with politics, with the important exception of the permissible violence carried out by the state. The “commonsense argument” for permissible political violence denies this by extending the principles of defensive ethics to the context of state-subject interaction. This article has two aims: First, I critically investigate the commonsense argument and its limits. I argue that the scope of permissions it licenses is significantly more limited than its proponents (...) allow. Second, I develop an alternative (and supplementary) framework for thinking about permissible political violence. I argue that under certain circumstances, subjects may violently protest their treatment, where protest is understood as an expression of rejection of those circumstances. On my view, protest, including violent protest, is permissible when it is the fitting response to those circumstances. This alternative framework accounts for an important class of cases of intuitively permissible political violence, including cases in which such violence does not serve strategic political ends or is even counterproductive towards those ends. (shrink)

Public officials should compensate the victims of wrongful conviction and enforcement. The same considerations in favor of compensating people for wrongful conviction and enforcement in other cases support officials’ payment of reparations to the victims of unjust enforcement practices related to the drug war. First, we defend the claim that people who are convicted and incarcerated because of an unjust law are wrongfully convicted. Although their convictions do not currently qualify as wrongful convictions in the legal sense, we argue that (...) the same reasons for legally recognizing other wrongful convictions support conceiving of these cases as wrongful convictions. If so, then people who suffered wrongful convictions associated with unjust laws, like others who were wrongfully convicted, are entitled to compensation and reparation. We then argue that America’s drug laws are unjust laws. Therefore, people who were convicted of nonviolent drug offenses are entitled to compensation. (shrink)

The Doctrine of Double Effect (DDE) is an influential non-consequentialist principle positing a role for intention in affecting the moral permissibility of some actions. In particular, the DDE focuses on the intend/foresee distinction, the core claim being that it is sometimes permissible to bring about as a foreseen but unintended side-effect of one’s action some harm it would have been impermissible to aim at as a means or as an end, all else being equal. This article explores the meaning and (...) application of the DDE along with current debates over the nature of the intend/foresee distinction and its moral significance. How is the line between intended effects and merely foreseen but unintended side-effects to be drawn, and how are problem cases best handled? What is an appropriate methodology for debating the tenability of the DDE? How might the DDE interact with other non-consequentialist principles, and how might it be modified to capture other related factors (resulting perhaps in a Doctrine of Triple Effect) or to avoid certain problem cases? Does the DDE make permissibility turn on the actual intentions of particular agents, as critics such as Thomson and Scanlon assume, or is the role of intention more abstract? (shrink)

Our aim in this paper is to put the concept of moral responsibility under a microscope. At the lowest level of magnification, it appears unified. But Gary Watson has taught us that if we zoom in, we will find that moral responsibility has two faces: attributability and accountability. Or, to describe the two faces in different terms, there is a difference between being responsible and holding responsible. It is one thing to talk about the connection the agent has with her (...) action; it is quite another to talk about the potential interaction the agent might have with her moral community. It turns out, though, that the faces of moral responsibility can themselves be viewed under an even higher level of magnification. If moral responsibility has two faces, then our aim in this paper is to examine their features. To do so reveals subtle distinctions in our concept of moral responsibility and its interaction with surrounding issues that, we argue, can help illuminate various debates in the literature. (shrink)

Experimental research suggests that people draw a moral distinction between bad outcomes brought about as a means versus a side effect (or byproduct). Such findings have informed multiple psychological and philosophical debates about moral cognition, including its computational structure, its sensitivity to the famous Doctrine of Double Effect, its reliability, and its status as a universal and innate mental module akin to universal grammar. But some studies have failed to replicate the means/byproduct effect especially in the absence of other factors, (...) such as personal contact. So we aimed to determine how robust the means/byproduct effect is by conducting a meta-analysis of both published and unpublished studies (k = 101; 24,058 participants). We found that while there is an overall small difference between moral judgments of means and byproducts (standardized mean difference = 0.87, 95% CI 0.67 – 1.06; standardized mean change = 0.57, 95% CI 0.44 – 0.69; log odds ratio = 1.59, 95% CI 1.15 – 2.02), the mean effect size is primarily moderated by whether the outcome is brought about by personal contact, which typically involves the use of personal force. (shrink)

An increasingly popular view in contemporary epistemology holds that the most fundamental norm governing belief is knowledge. According to this norm one shouldn’t believe what one doesn’t know. A prominent argument for the knowledge norm appeals to the claim that knowledge is the most general condition of epistemic assessment of belief, one entailing all other conditions under which we epistemically assess beliefs. This norm would provide an easy and straightforward explanation of why we assess beliefs along all these various epistemic (...) dimensions. This article argues that this line of argument is ultimately unsuccessful. I show that the main premise of the argument actually supports the opposite conclusion: the norm of belief requires a condition weaker than knowledge. Furthermore, I argue that if we hold on to the assumption that knowledge is the most general condition of belief’s epistemic assessment, the fundamental norm of belief is factive: one is not permitted to believe a proposition p if it is not true that p. (shrink)

An increasingly popular view in contemporary epistemology holds that the most fundamental norm governing belief is knowledge. According to this norm one shouldn’t believe what one doesn’t know. A prominent argument for the knowledge norm appeals to the claim that knowledge is the most general condition of epistemic assessment of belief, one entailing all other conditions under which we epistemically assess beliefs (truth, evidence, reliability…). This norm would provide an easy and straightforward explanation of why we assess beliefs along all (...) these various epistemic dimensions. This article argues that this line of argument is ultimately unsuccessful. I show that the main premise of the argument actually supports the opposite conclusion: the norm of belief requires a condition weaker than knowledge. Furthermore, I argue that if we hold on to the assumption that knowledge is the most general condition of belief’s epistemic assessment, the fundamental norm of belief is factive: one is not permitted to believe a proposition p if it is not true that p. (shrink)

Susan Wolf objects to the Real Self View (RSV) of moral responsibility that it is insufficient, that even if one’s actions are expressions of one’s deepest or “real” self, one might still not be morally responsible for one’s actions. As a counterexample to the RSV, Wolf offers the case of JoJo, the son of a dictator, who endorses his father’s (evil) values, but who is insane and is thus not responsible for his actions. Wolf’s data for this conclusion derives from (...) what she takes to be our “pretheoretic intuitions” about JoJo. As it turns out, though, experimental data on actual pretheoretic intuitions does not seem to support Wolf’s claim. In this paper, we present such data and argue that, at least with respect to this particular objection, the RSV can survive Wolf’s attack intact. (shrink)

We present and defend a view labeled “practiceism” which provides a solution to the incompatibility problems. The classic incompatibility problem is inconsistency of:1. Someone who intentionally violates the rules of a game is not playing the game.2. In many cases, players intentionally violate the rules as part of playing the game.The problem has a normative counterpart:1’. In normal cases, it is wrong for a player to intentionally violate the rules of the game.2’. In many normal cases, it is not wrong (...) for a player to intentionally violate the rules of the game.According to both formalism and informalism, the rules of the game include the formal rules of the game. Both traditional positions avoid the incompatibility problems by rejecting 1 and 1'. Practiceism rejects 2 and 2’: it maintains that the rules are the rules manifested in playing the game, not the formal rules.Practiceism presents two theses: (... (shrink)

When a Christian refers to the future full realization of the kingdom of God in an afterlife, it is typically assumed that she is expressing beliefs about the existence and activity of God in conjunction with supernatural beliefs about an otherworldly realm and the possibility of one’s personal survival after bodily death. In other words, the religious language is interpreted in a realist fashion and the religious person here is construed as a religious believer. A corollary of this widely-held realist (...) view is the assumption that if one were to conclude that there is no good reason to believe the asserted claims—for example, no reason to believe that we may survive our bodily deaths in a heavenly realm—then there is no reason to engage in the use of such religious language and the practices which accompany it. I argue that this assumption is false—that there is a meaningful way to use such language in a religious context that does not rest on believing supernatural claims. Against the backdrop of Kant’s discussion of a kingdom of ends understood as a regulative ideal, I argue that religious discourse about the kingdom of God being brought to fruition may be reinterpreted as a useful fiction to draw our attention to and engage our emotions with a distinctive ideal of restorative justice. Though I and others have previously offered fictionalist accounts of language about God, I extend the view here to some religious language about the afterlife. (shrink)

Philosophers have highlighted a dilemma for the criminal law. Unjust, racist policies in the United States have produced conditions in which the dispossessed are more likely to commit crime. This complicity undermines the standing of the state to blame their offenses. Nevertheless, the state has reason to punish those crimes in order to deter future offenses. Tommie Shelby proposes a way out of this dilemma. He separates the state’s right to condemn from its right to punish. I raise doubts about (...) Shelby’s proposed resolution. So long as punishment is widely and reasonably understood to condemn crime, Shelby’s proposal does not resolve the dilemma. Moreover, there is reason to think the blaming aspect of punishment plays a role in the justification of its hard treatment. I conclude by considering some other ways out of the dilemma, focusing especially on how the United States might take responsibility for its complicity. (shrink)

I argue that unfortunate formative circumstances do not undermine the warrant for either responsibility or blame. I then diagnose the tendency to think that formative circumstances do matter in this way, arguing that knowledge of these circumstances can play an essential epistemic role in our interpersonal interactions.

Some argue that libertarianism represents the riskier incompatibilist view when it comes to the free will problem. An ethically cautious incompatibilist should bet that we are not free in the sense required for moral responsibility, these theorists claim, as doing so means that we no longer run the risk of holding the morally innocent responsible. In this paper, I show that the same reasoning also advises us to bet against compatibilism. Supposing that we are unsure about whether or not the (...) causal order of the world is compatible with the kind of freedom that is required for moral responsibility, an ethically cautious approach would once again bet that hard incompatibilism is true. (shrink)

Injustice can undermine the standing states have to blame criminal offenders, and this raises a difficulty for a range of punishment theories that depend on a state's moral authority. When a state lacks the moral authority that flows from political legitimacy, its right to punish criminal lawbreakers cannot depend on a systematic claim about the legitimacy of the law. Instead, an unjust state is permitted to punish only criminal acts whose wrongness is established directly by morality, and only when criminal (...) guilt is established through legal procedures that meet minimal standards of fairness. These restrictions narrow the proper scope of criminal law and invalidate popular rationales for punishment that construe punishment as blame. (shrink)

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)

Discussions of responsibility typically focus on the person who is held responsible: what are the conditions or criteria of responsibility; what can be done to or demanded of a person who is responsible? This paper shifts focus onto those who hold, rather than those who are held, responsible: what do we owe to those whom we hold responsible? After distinguishing responsibility as answerability from responsibility as liability, it attends mainly to the former, and points out the ways in which it (...) is multiply relational: I am responsible for something to someone who has the standing to call me to account for it, under the norms of some particular practice. Responsibility as thus understood is also reciprocal: if you are to be answerable to me, I must treat you with a certain respect, attend seriously to your answer, and be ready to answer to you myself. The paper explores some of the implications of this point both for our moral dealings with each other, and for criminal law and the criminal trial. (shrink)

A recent administrative law decision in Victoria, Australia, applied double effect reasoning in a novel way. Double effect reasoning has hitherto been used to legitimate treatments which may shorten life but where the intent of treatment is pain relief. The situation reviewed by the Victorian tribunal went further, supporting actions where a doctor agrees to provide pentobarbitone to a patient at some time in the future if the patient feels at that time that his pain is unbearable and he wants (...) to end his life. The offer to provide the drug was described as a palliative treatment in that it gave reassurance and comfort to the patient. Double effect reasoning was extended in this instance to encompass potentially facilitating a patient’s death. This extension further muddies the murky double effect reasoning waters and creates another challenge to this concept. (shrink)

This paper explores a problem for Michael McKenna’s conversation model of moral responsibility that views blame as characteristically part of a conversational exchange. The problem for this model on which this paper focuses is the problem of private blame. Sometimes when we blame we do so without any intention to engage in a communicative exchange. It is argued that McKenna’s model cannot adequately account for private blame.

According to a recent challenge to Kratzer's canonical contextualist semantics for deontic modal expressions, no contextualist view can make sense of cases in which such a modal must be information-sensitive in some way. Here I show how Kratzer's semantics is compatible with readings of the targeted sentences that fit with the data. I then outline a general account of how contexts select parameter values for modal expressions and show, in terms of that account, how the needed, contextualist-friendly readings might plausibly (...) get selected in the challenge cases. (shrink)

It is widely believed that we ought not to criticize others for wrongs that we ourselves have committed. The author draws out and challenges some of the background assumptions about the practice of criticism that underlie our attraction to this claim, such as the tendency to think of criticism either as a social sanction or as a didactic intervention. The author goes on to offer a taxonomy of cases in which the moral legitimacy of criticism is challenged on the grounds (...) that the critic him- or herself engages in the behavior that he or she criticizes in others. The author argues that, in each type of case, the would-be critics should not constrain their participation in moral discourse on the grounds that they are not themselves innocent of the wrongdoing they criticize in others. (shrink)

In this essay, I discuss why consent is invalidated by duress that involves attaching penalties to someone's refusal to give consent. At the heart of my explanation is the Complaint Principle. This principle specifies that consent is defeasibly invalid when the consent results from someone conditionally imposing a penalty on the consent‐giver's refusal to give the consent, such that the consent‐giver has a legitimate complaint against this imposition focused on how it is affects their incentives for consenting. The Complaint Principle (...) says that this consent is defeasibly invalid to make room for the Authorization Principle, which allows sincere authorizations to constitute valid consent, even when these are issued by an agent acting under duress. The Authorization Principle has application only in cases of third‐party duress because when the consent‐receiver is the source of the duress, the consent‐giver is not sincerely authorizing the action. (shrink)

In this essay, I discuss why consent is invalidated by duress that involves attaching penalties to someone's refusal to give consent. At the heart of my explanation is the Complaint Principle. This principle specifies that consent is defeasibly invalid when the consent results from someone conditionally imposing a penalty on the consent‐giver's refusal to give the consent, such that the consent‐giver has a legitimate complaint against this imposition focused on how it is affects their incentives for consenting. The Complaint Principle (...) says that this consent is defeasibly invalid to make room for the Authorization Principle, which allows sincere authorizations to constitute valid consent, even when these are issued by an agent acting under duress. The Authorization Principle has application only in cases of third‐party duress because when the consent‐receiver is the source of the duress, the consent‐giver is not sincerely authorizing the action. (shrink)

Politics, Philosophy & Economics, Volume 21, Issue 4, Page 393-414, November 2022. Sometimes, people consent to sex because they face social constraints. For example, someone may agree to sex because they believe that it would be rude to refuse. I defend a consent-centric analysis of these encounters. This analysis connects constraints from social contexts with constraints imposed by persons e.g. coercion. It results in my endorsing what I call the “Constraint Principle.” According to this principle, someone's consent to a sexual (...) encounter lacks justificatory force if they are consenting because withholding consent has an adverse feature, they are entitled to withhold consent without it being the case that withholding consent has this adverse feature; and it is not the case that the consent-giver has sincerely expressed that, out of the options that are available to their sexual partner, they most prefer to go through with the sexual encounter in the circumstances. (shrink)

This article considers what can be learned regarding the ethical acceptability of intrusive interventions intended to halt the spread of infectious disease (‘Infection Control’ measures) from existing ethical discussion of intrusive interventions used to prevent criminal conduct (‘Crime Control’ measures). The main body of the article identifies and briefly describes six objections that have been advanced against Crime Control, and considers how these might apply to Infection Control. The final section then draws out some more general lessons from the foregoing (...) analysis for the ethical acceptability of different kinds of Infection Control. (shrink)

In contemplating any life and death moral dilemma, one is often struck by the possible importance of two distinctions; the distinction between killing and “letting die”, and the distinction between an intentional killing and an action aimed at some other outcome that causes death as a foreseen but unintended “side-effect”. Many feel intuitively that these distinctions are morally significant, but attempts to explain why this might be so have been unconvincing. In this paper, I explore the problem from an explicitly (...) consequentialist point of view. I first review and endorse the arguments that the distinctions cannot be drawn with perfect clarity, and that they do not have the kind of fundamental significance required to defend an absolute prohibition on killing. I go on to argue that the distinctions are nonetheless important. A complete consequentialist account of morality must include a consideration of our need and ability to construct and follow rules; our instincts about these rules; and the consequences that might follow if the agent breaks a good general rule, particularly if this involves acting contrary to moral instinct. With this perspective, I suggest that the distinctions between killing and letting die and between intending and foreseeing do have moral relevance, especially for those involved in the care of the sick and dying. (shrink)

The recent debate on cognitive phenomenology has largely focused on phenomenal aspects connected to the content of thoughts. By contrasts, aspects pertaining to their attitude have often been neglected, despite the fact that they are distinctive of the mental kind of thought concerned and, moreover, also present in experiences and thus less contentious than purely cognitive aspects. My main goal is to identify two central and closely related aspects of attitude that are phenomenologically salient and shared by thoughts with experiences, (...) namely the rational role that they play in our mental lives and their determination by factors external to them, such as external objects or reasons. In particular, I aim to defend Phenomenal Rationalism about judgemental thoughts and perceptual experiences: the view that their phenomenal character reflects their rational role, that is, their capacity to provide and/or respond to reasons. I conclude with some remarks about how this view may be extended to other kinds of th... (shrink)

Over the past 20 years, there has been a huge amount of work on which things you can kill in self‐defense and why. This paper surveys that work.

Judith Jarvis Thomson has recently proposed a new argument for the thesis that killing the one in the Trolley Problem is not permissible. Her argument relies on the introduction of a new scenario, in which the bystander may also sacrifice herself to save the five. Thomson argues that those not willing to sacrifice themselves if they could may not kill the one to save the five. Bryce Huebner and Marc Hauser have recently put Thomson's argument to empirical test by asking (...) people what they should do in the new trilemma case, in which they may also sacrifice themselves. They found that the majority judge that they should either kill the one or sacrifice themselves; Huebner and Hauser argue that those numbers speak against Thomson's argument. But Thomson's argument was about the dialectical effect of the new trilemma on the traditional dilemma, rather than about the trilemma itself. Here I present the results of a study in which I asked subjects first what they should do in the trilemma and then what they should do in the traditional Trolley Problem. I found that, if asked first about the trilemma, subjects then have the intuition that killing the one in the traditional Bystander at the Switch is not permissible?exactly what Thomson's argument had predicted. (shrink)

I argue against the Doctrine of Double Effect’s explanation of the moral difference between terror bombing and strategic bombing. I show that the standard thought-experiment of terror bombing and strategic bombing which dominates this debate is underdetermined with regards to the agents’ psychologies: (a) if Terror Bomber and Strategic Bomber have the same causal beliefs, then why does Terror Bomber set out to kill the children? It may then be this unwarranted and immoral choice and not the Doctrine of Double (...) Effect that explains the moral difference; (b) if the two have different causal beliefs, then we can’t rule out the counterfactual that, had Strategic Bomber had the same beliefs as Terror Bomber, she would have also acted as Terror Bomber did. (shrink)

The distinction between intentional and unintentional discrimination is a prominent one in the literature and public discourse; intentional discriminatory actions are commonly considered particularly morally objectionable relative to unintentional discriminatory actions. Nevertheless, it remains unclear what the two types amount to, and what generates the moral difference between them. The paper develops philosophically-informed conceptualizations of the two types based on which the moral difference between them may be accounted for. On the suggested account, intentional discrimination is characterized by the agent (...) viewing the content of an underlying discriminatory belief as a consideration that counts in favor of her action. This, it is argued, amounts to endorsing the discriminatory belief, which generates the particular moral severity of intentional discrimination. (shrink)

David Shoemaker has claimed that a binary approach to moral responsibility leaves out something important, namely instances of marginal agency, cases where agents seem to be eligible for some responsibility responses but not others. In this paper we endorse and extend Shoemaker’s approach by presenting and discussing one more case of marginal agency not yet covered by Shoemaker or in the other literature on moral responsibility. Our case is that of Kenneth Parks, a Canadian man who drove a long way (...) to his mother-in-law’s and killed her in a state of somnambulism. We support our claim about Parks’ marginal responsibility in three steps: we first deny that Parks acts involuntarily as traditionally claimed in the legal literature; we then propose to extend Shoemaker’s analysis of marginal responsibility based on quality of will so as to include two other dimensions: the moral status of the agent and the actual causal effects of their actions; finally, we distinguish Parks’ marginal responsibility from four other existing concepts: “tracing”, diminished responsibility, causal responsibility, and moral disapproval without responsibility. (shrink)

Can moral ignorance excuse? This chapter argues that philosophical debate of this question has been based on a mistaken assumption: namely that excuses are all-or-nothing affairs; to have an excuse is to be blameless. The chapter argues that we should reject this assumption. Excuses are not binary but gradable: they can be weaker or stronger, mitigating blame to greater or lesser extent. This chapter explores the notions of strength of excuses, blame miti- gation and the relationship between excuses and moral (...) responsibility. These ideas open up some principled middle-ground between the two positions staked out in the literature. Moral ignorance may well excuse but it does not exculpate. (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)

Are there such things as moral truths? How do we know what we should do? And does it matter? Constructivism states that moral truths are neither invented nor discovered, but rather are constructed by rational agents in order to solve practical problems. While constructivism has become the focus of many philosophical debates in normative ethics, meta-ethics and action theory, its importance is still to be fully appreciated. These new essays written by leading scholars define and assess this new approach in (...) ethics, addressing such questions as the nature of constructivism, how constructivism improves our understanding of moral obligations, how it accounts for the development of normative practices, whether moral truths change over time, and many other topics. The volume will be valuable for advanced students and scholars of ethics and all who are interested in questions about the foundation of morality. (shrink)

Abstract: Contemporary analytic philosophers of the “reactive attitudes” tend to share a simple conception of guilt as “self-directed blame”—roughly, an “unpleasant affect” felt in combination with, or in response to, the thought that one has violated a moral requirement, evinced substandard “quality of will,” or is blameworthy. I believe that this simple conception is inadequate. As an alternative, I offer my own theory of guilt’s logic and its connection to morality. In doing so, I attempt to articulate guilt’s defining thought (...) or proposition through an extended investigation and analysis of guilt’s many competing metaphors, which I trace from the Hebrew Bible to the New Testament to Shakespeare to contemporary vernacular. My interpretation of this literary genealogy offers a way to understand guilt’s seemingly disparate metaphors in terms of a single master-image that illuminates our self-conceptions and our relationship to morality. I conclude by making a very brief start toward a moral vindication of guilt against the backdrop of Nietzschean and Freudian analyses that explicitly call guilt’s place in a healthy social and personal life into question. I suggest that once guilt’s logic is made explicit, we can see that it makes sense of, honors, and addresses some of our deepest aspirations and needs. (shrink)

There is a strong presumption that mental disorder injures a person's autonomy, understood as a set of capacities and as an ideal condition of agency which is worth striving for. However, recent multidimensional approaches to autonomy have revealed a greater diversity in ways of being autonomous than has previously been appreciated. This presumption, then, risks wrongly dismissing variant, neuro-atypical sorts of autonomy as non-autonomy. This is both an epistemic error, which impairs our understanding of autonomy as a phenomenon, and a (...) moral error, which withholds recognition and respect that autonomous agents are due. I argue that careful attention to the different 'shapes' of agent's autonomy reveals that there are indeed distinctive kinds of neuro-atypical autonomy that are widely mistaken for non-autonomy. This project argues for two propositions. First, that there is a kind of autonomy, with a distinctive shape and texture, available to bipolar agents. This is a variant sort of autonomy, but not a defective or deficient sort. It is the ideal of autonomy that it is worth bipolar agents striving for, given the range and intensity of experiences that they will have to confront. Whilst bipolar autonomy will look unlike more neurotypical kinds of autonomy, it continues to be owed recognition. The second proposition is that we should understand the ideal of autonomy to be both pluralist and highly context sensitive. Given the range of starting points from which agents will strive to an ideal of autonomy, there will be some variation in the ideals worth striving for. The variation in ideals will reflect the existential realities they are local to. Theory of autonomy must be adapted to recognise bipolar, and other neuro-atypical, kinds of autonomy, and to reflect this wider pluralism. These propositions will be argued for with careful attention to the experiences and agency of people living with bipolar, or related, disorders. Understanding the ways that manic or depressive episodes, and the shifts between them, alter and apply pressure to our agency will inform an account of the distinctively bipolar autonomy that can be built on top of it. (shrink)

A number of authors have argued that, in order for S to be appropriately held morally responsible for some action or attitude (say, via moral blame), that action or attitude must somehow reflect or express a negative aspect of S’s (“true”, “deep”, or “real”) self. Recently, theorists of “epistemic blame” and “epistemic accountability” have also incorporated certain “self-disclosure” conditions into their accounts of these phenomena. In this paper, I will argue that accounts of epistemic responsibility which require disclosure of an (...) objectionable feature of a person’s self neglect central aspects of our responsibility practices. Specifically, I will argue that we can appropriately hold individuals epistemically responsible for things which do not reflect or express negative aspects of “who they are” in any way. While disclosure of an objectionable feature of (what I will call) a person’s “doxastic self” isn’t altogether irrelevant when it comes to holding that person epistemically responsible, it also isn’t necessary. One lesson I wish to draw is that, insofar as our epistemic responsibility practices are capable of shedding light on the nature of epistemic normativity itself, theorists interested in the latter should be focused on more than just accountability responses which track objectionable features of a person’s self. (shrink)

Determinism is a claim about the laws of nature: very roughly, it is the claim that everything that happens is determined by antecedent conditions together with the natural laws. Incompatibilism is a philosophical thesis about the relevance of determinism to free will: that the truth of determinism rules out the existence of free will. The incompatibilist believes that if determinism turned out to be true, it would also be true that we don't have, and have never had, free will. The (...) compatibilist denies that determinism has the consequences the incompatibilist thinks it has. According to the compatibilist, the truth of determinism does not preclude the existence of free will. (Even if we learned tomorrow that determinism is true, it might still be true that we have free will.) The philosophical problem of free will and determinism is the problem of understanding, how, if at all, the truth of determinism might be compatible with the truth of our belief that we have free will. That is, it's the problem of deciding who is right: the compatibilist or the incompatibilist. (shrink)

In this paper, I first argue that sometimes freely and knowingly manipulating oneself does not fully preserve moral responsibility – namely, in cases of practically distinct self-manipulation. However, I argue that practically distinct self-manipulation preserves moral responsibility to some extent because such a self-manipulated person is more morally responsibility than an other-manipulated person. This is an important result: manipulating oneself doesn’t always fully preserve one’s moral responsibility for one’s actions. But in what sense is the self-manipulated person more morally responsible? (...) I argue the self-manipulated person is not a fitting target of the reactive attitudes but continues to have wrongdoing-incurred reparative obligations. This explains the intuitive judgement about the self-manipulated person, provides a better explanation of “tracing” cases, and reveals important requirements for a plausible theory of moral responsibility. (shrink)