Cognitive scientists have long noted that automated behavior is the rule, while consciousness acts of self-regulation are the exception to the rule. On the face of it automated actions appear to be immune to moral appraisal because they are not subject to conscious control. Conventional wisdom suggests that sleepwalking exculpates, while the mere fact that a person is performing a well-versed task unthinkingly does not. However, our apparent lack of conscious control while we are undergoing automaticity challenges the idea that (...) there is a relevant moral difference between these two forms of unconscious behavior. In both cases the agent lacks access to information that might help them guide their actions so as to avoid harms. In response it is argued that the crucial distinction between the automatic agent and the agent undergoing an automatism, such as somnambulism or petit mal epilepsy, lies in the fact that the former can preprogram the activation and interruption of automatic behavior. Given that, it is argued that there is elbowroom for attributing responsibility to automated agents based on the quality of their will. (shrink)

Actions performed in a state of automatism are not subject to moral evaluation, while automatic actions often are. Is the asymmetry between automatistic and automatic agency justified? In order to answer this question we need a model or moral accountability that does justice to our intuitions about a range of modes of agency, both pathological and non-pathological. Our aim in this paper is to lay the foundations for such an account.

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)