Philosophical work on free will, contemporary as well as historical, is inevitably framed by the problem of free will and determinism. One of my goals in what follows is to give a feel for the main lines of that debate in philosophy today. I will also be outlining a particular perspective on free will. Many working philosophers consider themselves Compatibilists; the perspective outlined, building on a number of arguments in the recent literature, is a contemporary form of such a view. (...) It cannot, however, claim to be the contemporary philosophical perspective. There is no such thing. Against a background of the perennial problem of free will and determinism, through ongoing argument and debate, philosophers continue to try to work toward an understanding of precisely what it means for an action to be free. (shrink)

The idea that conscious control, or more specifically akratic wrongdoing, is a necessary condition for blameworthiness has durable appeal. This position has been explicitly championed by volitionist philosophers, and its tacit influence is broadly felt. Many responses have been offered to the akrasia requirement espoused by volitionists. These responses often take the form of counterexamples involving blameworthy ignorance: i.e., cases where an agent didn’t act akratically, but where they nevertheless seem blameworthy. These counterexamples have generally led to an impasse in (...) the debate, with volitionists maintaining that the ignorant agents are blameless. In this paper, I explore a different sort of counterexample: I consider agents who have acted akratically, but whose very conscious awareness of their wrongdoing complicates their blameworthiness. I call these cases of “complex akrasia,” and I suggest that they are a familiar aspect of moral life. I interpret these cases as supporting non-volitionist accounts, and particularly Quality of Will accounts. (shrink)

Sometimes we make mistakes, even when we try to do our best. When those mistakes are about normative matters, such as what is required, this leads to a puzzle. This puzzle arises from the possibility of misleading evidence about what rationality requires. I argue that the best way to solve this puzzle is to distinguish between two kinds of evaluation: requirement and appraisal. The strategy I defend connects three distinct debates in epistemology, ethics, and normativity: the debate over how our (...) theories of epistemic rationality should accommodate misleading evidence, the debate over the relationship between complying with requirements and deserving particular appraisals, and the debate over whether normative ignorance can excuse. Part 1 shows how three apparently plausible claims about epistemic rationality generate a puzzle when agents have misleading evidence about what rationality requires. Part 2 solves this puzzle by distinguishing between evaluations of requirement and appraisal and rejecting the idea that one is required to conform to the Enkratic Principle. I argue instead that complying with the Enkratic Principle provides defeasible evidence that the agent should be positively appraised. One of the consequences of this solution is that false normative beliefs can sometimes excuse agents from negative appraisal they would otherwise deserve for violating requirements. Part 3 defends the view that false normative belief can sometimes excuse against the rival views that false normative belief always excuses, and that false normative belief never excuses. I argue that false normative belief can sometimes excuse violations of requirements, when it is the case that the agent has done what it is reasonable to expect of her. (shrink)

According to a traditional picture, perception and belief have starkly different epistemic roles. Beliefs have epistemic statuses as justified or unjustified, depending on how they are formed and maintained. In contrast, perceptions are “unjustified justifiers.” Core cognition is a set of mental systems that stand at the border of perception and belief, and has been extensively studied in developmental psychology. Core cognition's borderline states do not fit neatly into the traditional epistemic picture. What is the epistemic role of these states? (...) Focusing on the core object system, the author argues that core object representations have epistemic statuses like beliefs do, despite their many prototypically perceptual features. First, the author argues that it is a sufficient condition on a mental state's having an epistemic status as justified or unjustified that the state is based on reasons. Then the author argues that core object representations are based on reasons, through an examination of both experimental results and key markers of the basing relation. The scope of mental states that are subject to epistemic evaluation as justified or unjustified is not restricted to beliefs. (shrink)

Given the unwittingness of negligence, personal responsibility for negligent conduct is puzzling. After all, how is it that one is responsible for what one did not intend to do or was unaware that one was doing? How, therefore, is one’s agency involved with one’s negligence so as to ground one’s responsibility for it? Negligence is an unwitting failure in agency to meet a standard requiring conduct that falls within one’s competency. Accordingly, negligent conduct involves agency in that negligence is a (...) manifestation of agency failure. Now, nobody’s perfect. Human agency is innately fallible, and a measure of agency failure is, therefore, unavoidable. The more one’s negligence manifests failure in one’s agency as an individual, the more one is responsible for it. In contrast, the more one’s negligence involves the shortcomings innate to all human agency the less responsible one becomes, because one’s agency as an individual is less and less involved in one’s failure. Determinative of the measure of individual and of human failings mixed into an instance of negligent phi-ing is the background quality of one’s agency at meeting one’s competency at phi-ing. That is, how able one is at delivering on what one is able to competently do. The more able, the less one’s occasional instances of negligence involve manifestations of failures of one’s agency as an individual – nobody’s perfect – and are more manifestations of one’s agency’s innate human fallibility, making one less and less responsible for one’s negligence. (shrink)

This is a draft of my chapter on Negligence for the forthcoming Oxford Handbook in Moral Psychology. It discusses philosophical, psychological, and legal approaches to the attribution of culpability in cases of negligent wrongdoing.

We sometimes fail unwittingly to do things that we ought to do. And we are, from time to time, culpable for these unwitting omissions. We provide an outline of a theory of responsibility for unwitting omissions. We emphasize two distinctive ideas: (i) many unwitting omissions can be understood as failures of appropriate vigilance, and; (ii) the sort of self-control implicated in these failures of appropriate vigilance is valuable. We argue that the norms that govern vigilance and the value of self-control (...) explain culpability for unwitting omissions. (shrink)

A frequent caveat in online dating profiles – “No fats, femmes, or Asians” – caused an LGBT activist to complain about the bias against Asians in the American gay community, which he called “racial looksism”. In response, he was asked that, if he himself would not date a fat person, why he should find others not dating Asians so upsetting. This response embodies a popular attitude that personal preferences or tastes are simply personal matters – they are not subject to (...) moral evaluation. In this paper, I argue, against this popular attitude, that a personal preference like racial looksism is indeed wrong. A preference like racial looksism is wrong because it is an overgeneralization that disrespects individuality by treating people as exchangeable tokens of one type, and such disrespect denies its objects appreciation that their dignity entitles them to. As it turns out, there is on my account a relevant moral difference between racial looksism and simple looksism. (shrink)

This essay attempts to provide and defend what may be the first actual argument in support of P. F. Strawson's merely stated vision of a response-dependent theory of moral responsibility. It does so by way of an extended analogy with the funny. In part 1, it makes the easier and less controversial case for response-dependence about the funny. In part 2, it shows the tight analogy between anger and amusement in developing the harder and more controversial case for response-dependence about (...) a kind of blameworthiness. It then defends the view from three serious skeptical challenges. (shrink)

Dans cet article, je considère l’influence possible des recherches récentes sur les attitudes en psychologie sociale, principalement dans le paradigme des théories des processus duaux [dual process theories], sur notre compréhension de la responsabilité. La thèse que je soutiens est que certaines révisions à notre façon de comprendre la responsabilité et nos pratiques d’attribution de la responsabilité pourraient être justifiées par ces travaux. Avant de présenter les révisions que j’introduis, je décris les grandes lignes du paradigme que j’utiliserai, soit celui (...) des théories processus duaux tel qu’appliqué aux attitudes. Puis, m’inspirant de Vargas (2004, 2005), je présente les différentes formes que peuvent prendre le révisionnisme. Parce que ces révisions s’appliquent à des notions qui sont utilisées à la fois par le commun des mortels et par les philosophes (qui tentent soit de les reconstruire rationnellement, soit de les modifier), je présente ce que l’on présume que pense chacun des groupes sur la question. Finalement, je présente trois révisions, plutôt « locales », que ces travaux pourraient inspirer. (shrink)

Control-based accounts of moral responsibility face a familiar problem. There are some actions which look like obvious cases of responsibility but which appear equally obviously to lack the requisite control. Drunk-driving cases are canonical instances. The familiar solution to this problem is to appeal to tracing. Though the drunk driver isn't in control at the time of the crash, this is because he previously drank to excess, an action over which he did plausibly exercise the requisite control. Tracing seeks to (...) show that an agent's responsibility for some outcome can be traced back to a prior exercise of control which caused the later lack of control. These and related cases have led many theorists to treat tracing as an indispensable component of any adequate theory of responsibility. This paper argues that tracing is in fact dispensable. I offer two strategies for explaining responsibility in drunk-driving cases : responsibility can either be exhaustively modeled on recklessness, or exhaustively modeled on negligence. Neither explanation, however, relies on tracing. If I'm right, the case for tracing is seriously weakened. (shrink)

In this paper, we do three things. First, we put forth a novel hypothesis about judgments of moral responsibility according to which such judgments are a species of explanatory judgments. Second, we argue that this hypothesis explains both some general features of everyday thinking about responsibility and the appeal of skeptical arguments against moral responsibility. Finally, we argue that, if correct, the hypothesis provides a defense against these skeptical arguments.

Recent work in social psychology suggests that people harbor “implicit race biases,” biases which can be unconscious or uncontrollable. Because awareness and control have traditionally been deemed necessary for the ascription of moral responsibility, implicit biases present a unique challenge: do we pardon discrimination based on implicit biases because of its unintentional nature, or do we punish discrimination regardless of how it comes about? The present experiments investigated the impact such theories have upon moral judgments about racial discrimination. The results (...) show that different theories differ in their impact on moral judgments: when implicit biases are defined as unconscious, people hold the biased agent less morally responsible than when these biases are defined as automatic (i.e., difficult to control), or when no theory of implicit bias is provided. (shrink)

The standard response to engineering disasters like the Deepwater Horizon case is to ascribe full moral responsibility to individuals and to collectives treated as individuals. However, this approach is inappropriate since concrete action and experience in engineering contexts seldom meets the criteria of our traditional moral theories. Technological action is often distributed rather than individual or collective, we lack full control of the technology and its consequences, and we lack knowledge and are uncertain about these consequences. In this paper, I (...) analyse these problems by employing Kierkegaardian notions of tragedy and moral responsibility in order to account for experiences of the tragic in technological action. I argue that ascription of responsibility in engineering contexts should be sensitive to personal experiences of lack of control, uncertainty, role conflicts, social dependence, and tragic choice. I conclude that this does not justify evading individual and corporate responsibility, but inspires practices of responsibility ascription that are less ‘harsh’ on those directly involved in technological action, that listen to their personal experiences, and that encourage them to gain more knowledge about what they are doing. (shrink)

In this article we survey six recent developments in the philosophical literature on free will and moral responsibility: (1) Harry Frankfurt's argument that moral responsibility does not require the freedom to do otherwise; (2) the heightened focus upon the source of free actions; (3) the debate over whether moral responsibility is an essentially historical concept; (4) recent compatibilist attempts to resurrect the thesis that moral responsibility requires the freedom to do otherwise; (5) the role of the control condition in free (...) will and moral responsibility, and finally (6) the debate centering on luck. (shrink)

When a person performs or fails to perform a morally significant action, we sometimes think that a particular kind of response is warranted. Praise and blame are perhaps the most obvious forms this reaction might take. For example, one who encounters a car accident may be regarded as worthy of praise for having saved a child from inside the burning car, or alternatively, one may be regarded as worthy of blame for not having used one's mobile phone to call for (...) help. To regard such agents as worthy of one of these reactions is to ascribe moral responsibility to them on the basis of what they have done or left undone. (These are examples of other-directed ascriptions of responsibility. The reaction might also be self-directed, e.g., one can recognize oneself to be blameworthy). Thus, to be morally responsible for something, say an action, is to be worthy of a particular kind of reaction —praise, blame, or something akin to these—for having performed it.[1.. (shrink)

To be autonomous is to be a law to oneself; autonomous agents are self-governing agents. Most of us want to be autonomous because we want to be accountable for what we do, and because it seems that if we are not the ones calling the shots, then we cannot be accountable. More importantly, perhaps, the value of autonomy is tied to the value of self-integration. We don't want to be alien to, or at war with, ourselves; and it seems that (...) when our intentions are not under our own control, we suffer from self-alienation. What conditions must be satisfied in order to ensure that we govern ourselves when we act? Philosophers have offered a wide range of competing answers to this question. (shrink)

Recently, a number of philosophers have begun to question the commonly held view that choice or voluntary control is a precondition of moral responsibility. According to these philosophers, what really matters in determining a person’s responsibility for some thing is whether that thing can be seen as indicative or expressive of her judgments, values, or normative commitments. Such accounts might therefore be understood as updated versions of what Susan Wolf has called “real self views,” insofar as they attempt to ground (...) an agent’s responsibility for her actions and attitudes in the fact (when it is a fact) that they express who she is as a moral agent. As such, they seem to be open to some of the same objections Wolf originally raised to such accounts, and in particular to the objection that they cannot license the sorts of robust moral assessments involved in our current practices of moral responsibility. My aim in this paper is to try to respond to this challenge, by clarifying the kind of robust moral assessments I take to be licensed by (at least some) non-volitional accounts of responsibility and by explaining why these assessments do not in general require the agent to have voluntary control over everything for which she is held responsible. I also argue that the limited applicability of the distinction between “bad agents” and “blameworthy agents” on these accounts is in fact a mark in their favor. (shrink)

In “Control, Responsibility, and Moral Assessment” Angela Smith defends her nonvoluntarist theory of moral responsibility against the charge that any such view is shallow because it cannot capture the depth of judgments of responsibility. Only voluntarist positions can do this since only voluntarist positions allow for control. I argue that Smith is able to deflect the voluntarists’ criticism, but only with further resources. As a voluntarist, I also concede that Smith’s thesis has force, and I close with a compromise position, (...) one that allows for direct moral responsibility for the nonvoluntary, but also incorporates a reasonable control condition. (shrink)

Quality of Will (qw) theories of responsibility claim the target of someone’s blameworthiness for an action is their poor quality of will. There have been many “threats” to such a theory over the years, coming out of a literature interested in the metaphysical conditions of free will, threats having to do with moral luck, manipulation, and negligence. In this paper, I am more interested in surveying and thwarting two “new school” threats to qw theories, including taking responsibility for inadvertence, and (...) holding reasonable but ostensibly wrongful beliefs. Both of these aim to ground blameworthiness independently of quality of will. I show that none of these new school threats to qw theories succeed. (shrink)

Given the available evidence, I argue that we face considerable uncertainty about free will. In particular, I argue that the available philosophical evidence does not support being highly confident in our theories about the nature of free will, though this does not necessarily mean that we should suspend judgment about either incompatibilism or compatibilism. For those who accept incompatibilism, however, I argue that there is enough uncertainty about libertarian free will that they should suspend judgment about whether we are ever (...) free, if not reject free will entirely. While I do not claim that compatibilists should be similarly agnostic about the existence of free will, I argue that most compatibilist theories are subject to considerable uncertainty as well, so that most compatibilists should be agnostic about how often we act freely. I conclude with a brief discussion of how we might address these issues going forward. (shrink)

Harry Frankfurt’s Unwilling Addict and Willing Addict cases accomplish something fairly unique: they pull apart the predictions of control-based views of moral responsibility and competing self-expression views. The addicts both lack control over their actions but differ in terms of expression of their respective selves. Frankfurt’s own view is that—in line with the predictions of self-expression views—the unwilling addict is not morally responsible for his drug-directed actions while the willing addict is. But is Frankfurt right? In this essay, I put (...) together a systematic defence of Frankfurt’s position. (shrink)

In a recent article, George Sher argues that a realistic conception of human agency, which recognizes the limited extent to which we are conscious of what we do, makes the task of specifying a conception of the kind of control that underwrites ascriptions of moral responsibility much more difficult than is commonly appreciated. Sher suggests that an adequate account of control will not require that agents be conscious of their actions; we are responsible for what we do, in the absence (...) of consciousness, so long as our obliviousness is explained by some subset of the mental states constitutive of the agent. In this response, I argue that Sher is wrong on every count. First, the account of moral responsibility in the absence of consciousness he advocates does not preserve control at all; rather, it ought to be seen as a variety of attributionism (a kind of account of moral responsibility which holds that control is unnecessary for responsibility, so long as the action is reflective of the agent’s real self). Second, I argue that a realistic conception of agency, that recognizes the limited role that consciousness plays in human life, narrows the scope of moral responsibility. We exercise control over our actions only when consciousness has played a direct or indirect role in their production. Moreover, we cannot escape this conclusion by swapping a volitionist account of moral responsibility for an attributionist account: our actions are deeply reflective of our real selves only when consciousness has played a causal role in their production. (shrink)

Luck egalitarians maintain that inequalities are always unjust when they are due to luck, but are not always unjust when they are due to choices for which the parties are responsible. In this paper, I argue that the two halves of this formula do not fit neatly together, and that we arrive at one version of luck egalitarianism if we begin with the notion of luck and interpret responsible choice in terms of its absence, but a very different version if (...) we begin with the notion of responsible choice and interpret luck in terms of its absence. I argue, further, that the difference between the two versions is significant because many real-world inequalities fall precisely in the gap between them, and that attempts to adjudicate between them lead quickly to hard questions about the relation between equality and responsibility. (shrink)

Moral responsibility for an action can only be ascribed if it allows inferences about the agent. In cases of negligence, such a connection appears absent, as the agent acts in ignorance of readily accessible relevant facts. Yet, we hold individuals accountable for their negligent actions. The literature presents two approaches to resolve this apparent contradiction: Derivative theories trace negligence back to prior culpable misconduct, while non-derivative theories view negligent actions as expressions of blameworthy attitudes. However, there are cases that neither (...) approach can adequately explain. This paper aims to justify the appropriateness of moral blame even in these stubborn instances. Central to such a justification is the manner in which the ignorance arises. Often, it results from the violation of epistemic duties, which obligate us to maintain awareness of the consequences our actions have for others. This misconduct thus establishes the necessary connection between the agent and the negligent action, providing a basis for attributing responsibility. (shrink)

This paper outlines a new conative theory of blame. I argue that the best-known conative approaches to blame (Scanlon 1998, 2008, Sher 2006a) misrepresent the cognitive and dispositional components of blame. Section 1 argues, against Scanlon and Sher, that blaming involves the judgment that an act or state is the fault of the blamed. I also propose an alternative dispositional condition on which blaming only occurs if it matters to the blamer whether the blamed gets the punishment that she deserves. (...) In Section 2, I discuss objections to judgment-based accounts of blame (that they cannot tell the difference between blaming and judging to be blameworthy, that they cannot explain why blame is often accompanied by emotion, and that they cannot make sense of irrational blame), and I argue that my proposal can handle all of them. (shrink)

When, in spite of our good intentions, we fail to meet our obligations to others, it is important that we have the correct theoretical description of what has happened so that mutual understanding and the right sort of social repair can occur. Consider an agent who promises to help pick a friend up from the airport. She takes the freeway, forgetting that it is under construction. After a long wait, the friend takes an expensive taxi ride home. Most theorists and (...) non-theorists react to such cases by either judging the agent's action as a violation of her obligation to help or as having satisfied the only obligation she really had, namely to try to help. However, as I show, there are serious difficulties that arise from categorizing this agent's action as satisfying or violating her obligation – difficulties that are avoided if we instead add “mere moral failures” to the basic categories for moral evaluation. An agent merely fails when she neither satisfies nor violates her obligation. She is responsible fo.. (shrink)

If an individual is morally responsible, then there is a responsibility-foundation that makes him morally responsible, but there is no responsibility-foundation that makes him responsible. This rested on the notion that if there were a responsibility-foundation, it would be either an ungrounded choice or an ungrounded character state and that neither can serve as the foundation. The paper then considered three types of objections. First, moral responsibility does not require a responsibility-foundation. Second, a character state can serve as the foundation. (...) Third, we know people are responsible even if we don't know what the foundation is. These objections fail. (shrink)

There is a long-standing debate in the literature on moral responsibility about the general idea that there is some sort of control condition on our assignment of blameworthiness to agents. In this paper, I try to defend the claims of a very ordinary, everyday locution to offer the best means of formulating a version of the control principle that stands some chance of fitting with our ethical intuitions. The locution whose merits I champion is the ‘can’t help it’ locution, as (...) used in the phrase ‘I can’t help it’, I couldn’t help it’, ‘I can’t help that’, etc.. Because the locution is in a certain sense colloquial, it tends to be avoided in philosophical discussion when getting down to precise details – though it often appears in initial, stage-setting statements of the philosophical problems surrounding the issue of control and blame. My claim here will be that none of the commonly utilised locutions with which it tends to be replaced is able properly to express the sorts of things we can express by saying, for example, ‘I couldn’t help it’. Being able to help it, I shall argue, is a distinctive and important power, and for a number of significant reasons, no other way of saying what kind of control is needed for blameworthiness will do as well. (shrink)

In his response to my essay “Out of Control,” Neil Levy contests my claims that (1) we are often responsible for acts that we do not consciously choose to perform, and that (2) despite the absence of conscious choice, there remains a relevant sense in which these actions are within our control. In this reply to Levy, I concede that claim (2) is linguistically awkward but defend the thought that it expresses, and I clarify my defense of claim (1) by (...) distinguishing my position from attributionism. (shrink)

There are many ways to avoid responsibility, for example, explaining what happens as the work of the gods, fate, society, or the system. For engineers, “technology” or “the organization” will serve this purpose quite well. We may distinguish at least nine (related) senses of “responsibility”, the most important of which are: (a) responsibility-as-causation (the storm is responsible for flooding), (b) responsibility-as-liability (he is the person responsible and will have to pay), (c) responsibility-as-competency (he’s a responsible person, that is, he’s rational), (...) (d) responsibility-as-office (he’s the responsible person, that is, the person in charge), and (e) a responsibility-as-domain-of-tasks (these are her responsibilities, that is, the things she is supposed to do). For all but the causal sense of responsibility, responsibility may be taken (in a relatively straightforward sense)—and generally is. Why then would anyone want to claim that certain technologies make it impossible to attribute responsibility to engineers (or anyone else)? In this paper, I identify seven arguments for that claim and explain why each is fallacious. The most important are: (1) the argument from “many hands”, (2) the argument from individual ignorance, and (3) the argument from blind forces. Each of these arguments makes the same fundamental mistake, the assumption that a certain factual situation, being fixed, settles responsibility, that is, that individuals, either individually or by some group decision, cannot take responsibility. I conclude by pointing out the sort of decisions (and consequences) engineers have explicitly taken responsibility for and why taking responsibility for them is rational, all things considered. There is no technological bar to such responsibility. (shrink)

A longstanding puzzle about moral responsibility for negligence arises from three plausible yet jointly inconsistent theses: (i) an agent can, in certain circumstances, be morally responsible for some outcome O, even if her behavior with respect to O is negligent (i.e., even if she never adverted to the possibility that the behavior might result in O), (ii) an agent can be morally responsible for O only if she has some control over O, (iii) if an agent acts negligently with respect (...) to O, then she has no control over O. This paper is in two parts. First, I argue that reasons-responsiveness models of moral responsibility can be applied naturally to negligence scenarios; indeed, agents are intuitively responsible for the outcomes of their negligent behavior just when they meet the conditions for responsibility given by the best reason-responsiveness theories. Second, if the reasons-responsiveness conditions are applicable to negligence scenarios then one of two things follows: either agents can have direct control over outcomes they never adverted to, or reasons-responsiveness is not a condition of control but of something else connected to moral responsibility. Each possibility would be important in its own right—and each can solve the negligence puzzle. (shrink)