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

The war on terror is commonly characterized as a fundamentally different kind of war from more traditional armed conflict. Furthermore, it has been argued that, in this new kind of war, different rules, both moral and legal, must apply. In the first part of this paper, three practices endemic to the war on terror -- torture, assassination, and enemy combatancy status -- are identified as exceptions to traditional norms. The second part of the paper uses these examples to motivate a (...) generalized account of exceptionalism; a taxonomy of different exceptionalisms is derived, including temporal, spatial, and group-based exceptionalisms. The third part of the paper considers the ethical status of exceptionalism, paying particular attention to the group-based exceptionalisms that are argued to be prevalent in the war on terror. It is concluded that there is nothing inherently wrong with group-based exceptionalism and, furthermore, that the proper locus of ethical evaluation lies not with the norms that are being excepted, but rather with the groups that are being excepted from them. (shrink)

It is commonly thought that agents lack the standing to blame in cases where their blame would be hypocritical. Jack for instance, would seem to lack the standing to blame Gerald for being rude to their local barista if he has himself been rude to baristas in the past. Recently, it has been suggested that Jack need not even have displayed any such rudeness in order for his blame to qualify as hypocritical; it would suffice if he too would have (...) been rude to the barista, were he in Gerald’s situation. The latter is an instance of subjunctive hypocritical blame; Jack’s blame is hypocritical not because he has committed the wrong in question, but because he would do so under particular circumstances. Many philosophers endorse a kind of symmetry between ordinary and subjunctive hypocritical blame; they maintain that Jack lacks the standing to blame Gerald if his blame would be hypocritical in either the ordinary or the subjunctive sense. However, I believe that they are mistaken to do so. I argue for an asymmetry between ordinary and subjunctive hypocritical blame: only the former should be taken to compromise an agent’s standing. (shrink)

The literature on blame is rather unfriendly to views that might be characterized as “character-evaluation” accounts. Here I will defend one such account against the many objections that are leveled against it. Defending the view against these objections will help us to evaluate what such a view has to offer. This paper defends the view against objections that accounts such as this cannot account for how much we care about blame, for the distinctively human nature of the blame phenomenon, for (...) forgiving the unrepentant, and for recalcitrant blame. Responding to these objections on behalf of the much beleaguered character-evaluation account clears the way for it to stand as a serious competitor in how we understand blame. (shrink)

Philosophers analyzing standing to blame have argued that in view of a blamer’s own fault she can lack standing to blame another for an act even if the act is blameworthy and that standingless, hypocritical blame is pro tanto morally wrongful. The bearing of these conclusions on standing to praise is yet to receive the attention it deserves. I defend two claims. The first is the conditional claim that if and are true, so are and. The latter are: a praiser (...) can lack the standing to praise herself for an act even if that act is praiseworthy and standingless, hypocritical praise is pro tanto morally wrongful. So I am suggesting that facts about standing to blame reflect more general facts about standing to hold responsible. The second is the claim that and are true. (shrink)

This paper develops a novel account of the nature of blame: on this account, blame is a species of performance with a constitutive aim. The argument for the claim that blame is an action is speech-act theoretic: it relies on the nature of performatives and the parallelism between mental and spoken blame. I argue that the view scores well on prior plausibility and theoretical fruitfulness, in that: it rests on claims that are widely accepted across sub-disciplines, it explains the normativity (...) of blaming and it accounts for associated psychological phenomena. (shrink)

The belief that people convicted of crimes deserve punishment is commonplace. Yet the punitive conception of individual responsibility commonly associated with ‘just deserts’ exaggerates the moral meaning of criminal guilt, normalizes excessive punishment, and distracts from shared responsibility for social injustice. The problem is, many people who get caught up in the criminal justice system cannot reasonably be thought to deserve their fate. Mental illness, intellectual disability, addiction, trauma, and poverty are morally mitigating factors when it comes to assessing how (...) blameworthy a person is for criminal behavior. But with the exception of extreme forms of mental illness that fall into the very narrow legal category of ‘insanity,’ people who struggle with serious difficulties are not treated as less blameworthy by the criminal justice system. The criteria of legal guilt does not match up well with the moral concept of blameworthiness.The solution might seem to be somehow to refine legal practice to make blame more context-sensitive, but I argue that rather than try to revise our criminal justice practices to fit better with common notions of blame and desert, we should get out of the public blaming business altogether. A determination morally to condemn individual offenders is not helping us to resolve the disaster of mass incarceration or the problems faced by returning citizens. It does not help us to see clearly the connection between crime and other problems of social injustice, like poverty, lack of mental health care, drug addiction, racial discrimination, and violence. Were we to be less fixated on individual responsibility, and more cognizant of our shared responsibility to treat all members of society as equal persons, entitled to the same basic rights, liberties, and opportunities, we might be in a better position to work collectively to address problems of social injustice that contribute to the problem of crime. (shrink)

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

According to “voluntarists,” voluntary control is a necessary precondition on being blameworthy. According to “non-voluntarists,” it isn’t. I argue here that we ought to take seriously a type of voluntary control that both camps have tended to overlook. In addition to “direct” control over our behavior, and “indirect” control over some of the consequences of our behavior, we also possess “constitutive” control: the capacity to govern some of our attitudes and character traits by making choices about what to do that (...) constitute those attitudes and traits. Taking this sort of control seriously, I argue, ultimately tips the scale towards voluntarism. First, I address a non-voluntarist case in which an agent is putatively made blameworthy by the reasons for which she acts, even though the particular reasons for which she acts aren’t up to her. I argue that this case looks compelling only if we overlook constitutive control, and thereby miss how the agent’s motivating reasons are under her voluntary control even though non-voluntarists think they are not. I then use the notion of constitutive control to diffuse some of the best putative counterexamples to voluntarism: cases in which subjects are blameworthy either for caring inadequately about others or for wishing them ill. (shrink)

Most punishment theories acknowledge neither the full extent of the harms which punishment risks, nor the caring practices which punishment entails. Consequently, I shall argue, punishment in most of its current conceptualizations is inconsistent with treating offenders as equals qua persons. The nature of criminal punishment, and of our interactions with offenders in punishment decision-making and delivery, risks causing harm to offenders. Harm is normalized when central to definitions of punishment, desensitizing us to unintended harms and obscuring caring practices. Offenders (...) may be partially silenced and excluded by mainstream criminal justice practices which limit interaction between offenders and practitioners. When we ignore significant harms, or silence and exclude, we treat others as passive non-subjects. This partially objectifies offenders, and is inconsistent with treatment as equals. Penal theories employing harm-centred and harm-normalizing definitions of punishment can provide few resources to help practitioners either avoid, or recognize and respond to, harms. Care ethics, by contrast, motivates the avoidance of harm, ongoing inclusive engagement, and respectful interaction with others. I argue that defining punishment without presupposing harm facilitates the identification of morally problematic harms, and recognition of caring practices. I offer a principled argument, and political and pragmatic supplementary arguments, for responding to offenders without intentional harm and with care. Principles drawn from care ethics can help to strengthen mainstream criminal practices by structuring decision-making and action. Bottom-up alternative criminal justice practices share some values with these proposed guiding principles, allowing a partial test of the principles. I consider examples of restorative justice practices, therapeutic jurisprudence, community justice and other problem-solving court practices, in addition to considering how well mainstream punishment practices measure up to these principles. My analysis illuminates the strengths and weaknesses of the principles, and how they might contribute to securing treatment as equals for offenders in mainstream practices. (shrink)

In Luck’s Mischief, Ishtiyaque Haji offers a dual skeptical argument about obligation and moral responsibility, one that avoids direct appeal to determinism and indeterminism and instead argues tha...

Retributivist approaches to the philosophy of punishment are usually based on certain claims related to moral desert. I focus on one such principle:Censuring Principle : There is a moral reason to censure guilty wrongdoers aversively.Principles like CP are often supported by the construction of examples similar to Kant’s ‘desert island’. These are meant to show that there is a reason for state officials to punish deserving wrongdoers, even if none of the familiar goals of punishment, such as deterrence, will be (...) achieved. When suitable variants of such examples are presented, however, it is evident that there cannot be much reason to punish such wrongdoers, even if there is some. The same problem besets claims that there is intrinsic value in the suffering of wrongdoers, or that wrongdoers deserve to suffer. All such claims are relatively weak normatively. (shrink)

This paper starts by introducing a tripartite conception of responsibility for health consisting of a moral agent having moral responsibilities and being held responsible, that is blamed, for failing to meet them and proceeds to a brief discussion of the nature of the blame, noting difficulties in agency and obligation when the concept is applied to health‐threatening behaviours. Insights about the obligations that we hold people to and the extent of their moral agency are revealed by interrogating our blaming behavior, (...) and to facilitate this, my own blaming attitudes and actions are analysed in respect of an imagined adult son who seeks thrills by jumping from a pier into the sea, an activity common around coastlines and intended to be analogous in varying degrees to a range of health‐threatening behaviours. I consider my responses to this imagined act in relation to some features of moralism, the excess of morality, concluding that blame can be justified when it is proportionate and within interpersonal relationships. There is evidence that some nurses hold negative blaming attitudes towards groups of patients considered to have caused or contributed to their illness, but this is not justified, not only because of impaired agency, but also because if there is responsibility for health, associated obligations are owed to those who share our lives, and it is those people who are entitled to hold individuals responsible. Nurses who hold negative blaming attitudes towards groups of patients are invited to identify the status of moral agency, the precise natures of their (failed) obligations, and of the patient–nurse relationship. It is concluded that reflection on these matters and the difference between justified blame and moralism demonstrates that blaming behaviour in the context of professional health care is built on nothing stronger than prejudice. (shrink)

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)

According to one contemporary formulation of infallibilism, probability 1 infallibilism, if a subject knows that p, then the probability of p on her evidence is 1. To avoid an implausible scepticism about knowledge, probability 1 infallibilism needs to allow that, in a wide range of cases, a proposition can be evidence for itself. However, such infallibilism needs to explain why it is typically infelicitous to cite p as evidence for p itself. I argue that probability 1 infallibilism has no explanation (...) of this infelicity and should be rejected. (shrink)

In his In Praise of Blame, George Sher aims to provide an analysis and defense of blame. In fact, he aims to provide an analysis that will itself yield a defense by allowing him to argue that morality and blame "stand or fall together." He thus opposes anyone who recommends jettisoning blame while preserving (the rest of) morality. In this comment, I examine Sher's defense of blame. Though I am much in sympathy with Sher's strategy of defending blame by providing (...) an analysis that shows its connection to our commitment to morality, I question his execution of this strategy. Sher hopes to defend our blaming practices by showing our dispositions to them to be a merely contingent consequence of a belief-desire pair that is itself justified by whatever justifies our commitment to morality. I doubt our blaming practices can be defended in this way. In explaining my doubts, I provide a short comparison of Sher's approach with that of P. F. Strawson in "Freedom of Resentment." I suggest that we might do better by exploring the connection between our commitment to morality and our blaming practices themselves. (shrink)

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)

Moral responsibility invariantism is the view that there is a single set of conditions for being morally responsible for an action (or omission or consequence of an act or omission) that applies in all cases. I defend this view against some recent arguments by Joshua Knobe and John Doris.

In this paper, I begin by considering a traditional argument according to which it would be unfair to impose sanctions on people for performing actions when they could not do otherwise, and thus that no one who lacks the ability to do otherwise is responsible or blameworthy for his or her actions in an important sense. Interestingly, a parallel argument concluding that people are not responsible or praiseworthy if they lack the ability to do otherwise is not as compelling. Watson, (...) recently, offers in its stead an 'interpersonal' argument that appeals to a distributive notion of unfairness to conclude that praiseworthy actions, too, require the ability to do otherwise. I argue that this argument does not succeed. At this point, it seems that we have support for an asymmetrical treatment of blameworthy and praiseworthy actions. However, I conclude that while such an asymmetrical treatment may ultimately be correct, there is reason to doubt that considerations of fairness of sanction and reward support an asymmetry as well as an appeal to the 'ought-implies-can' principle. (shrink)

ABSTRACT The article begins by contrasting medical and moral views of addiction and how such views influence responsibility and policy analysis. It suggests that since addiction always involves action and action can always be morally evaluated, we must independently decide whether addicts do not meet responsibility criteria rather than begging the question and deciding by the label of ?disease? or ?moral weakness?. It then turns to the criteria for criminal responsibility and shows that the criteria for criminal responsibility, like the (...) criteria for addiction, are all folk psychological. Therefore, any scientific information about addiction must be ?translated? into the law's folk psychological criteria. Distractions about responsibility are then quickly canvassed. Then it addresses the direct relation between addiction and criminal responsibility. It argues that most addicts retain sufficient rational and control capacities at the relevant times to be held responsible, especially for crimes that are not part of the definition of addiction itself. It suggests that there is good reason to excuse or mitigate addicts for the crimes of purchase and possession for personal use. It concludes by briefly considering what contemporary science can contribute to our understanding of addiction and agency. (shrink)

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)

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.

(2013). Conversation and responsibility. Canadian Journal of Philosophy: Vol. 43, No. 2, pp. 267-286.