In this paper, I explore a new approach to the problem of determinism and moral responsibility. This approach involves asking when someone has a compelling claim to exemption against other members of the moral community. I argue that it is sometimes fair to reject such claims, even when the agent doesn’t deserve, in the sense of basic desert, to be blamed for her conduct. In particular, when an agent’s conduct reveals that her commitment to comply with the standards of the (...) moral community is deficient, and when her demand for exemption further exemplifies this deficiency, she cannot complain of unfair treatment if her demand is rejected. To support this contention, I argue that we are sometimes justified in rejecting otherwise valid moral appeals on the grounds that they are cynically motivated, especially when an agent merely seeks to exploit our commitment to comply with reasonable interpersonal standards. An advantage of this approach is that it affords compatibilists a middle path, allowing them to defend our practice of blaming on non-consequentialist grounds of fairness, even as they acknowledge the force of arguments for incompatibilism about basic desert. (shrink)

Many think it is plausible that agents enjoy freedom and responsibility with respect to their actions in virtue of being reasons-responsive. Extant accounts spell out reasons-responsiveness (RR) as a general modal property. The agent is responsive to reasons for and against ϕ-ing, according to this idea, if they ϕ in accordance with the balance of reasons in a suitable proportion of possible situations. This paper argues that freedom and responsibility are not grounded in such modal properties on the basis of (...) a phenomenon I call ‘rational blind spots’. Agents have highly specific local blockages (or openings) that prevent them from seeing or reacting for a particular type of reason. When these blind spots are triggered, agents fail to be responsive to reasons in the sense relevant to freedom and responsibility. Thus, we judge that they are not free and responsible. But bind spots don’t remove the agent’s possession of general modal RR properties. Thus, extant accounts of reasons-responsiveness render the incorrect result that the agents in these cases remain responsible because they remain responsive to reasons in a general sense. (shrink)

Direct brain intervention based mental capacity restoration techniques-for instance, psycho-active drugs-are sometimes used in criminal cases to promote the aims of justice. For instance, they might be used to restore a person's competence to stand trial in order to assess the degree of their responsibility for what they did, or to restore their competence for punishment so that we can hold them responsible for it. Some also suggest that such interventions might be used for therapy or reform in criminal legal (...) contexts-i.e. to make non-responsible and irresponsible people more responsible. However, I argue that such interventions may at least sometimes fail to promote these responsibility-related legal aims. This is because responsibility hinges on other factors than just what mental capacities a person has-in particular, it also hinges on such things as authenticity, personal identity, and mental capacity ownership-and some ways of restoring mental capacity may adversely affect these other factors. Put one way, my claim is that what might suffice for the restoration of competence need not necessarily suffice for the restoration of responsibility, or, put another way, that although responsibility indeed tracks mental capacity it may not always track restored mental capacities. (shrink)