Non-moral blame seems to be widespread and widely accepted in everyday life—tolerated at least, but often embraced. We blame athletes for poor performance, artists for bad or boring art, scientists for faulty research, and voters for flawed reasoning. This paper argues that non-moral blame is never justified—i.e. it’s never a morally permissible response to a non-moral failure. Having explained what blame is and how non-moral blame differs from moral blame, the paper presents the argument in four steps. First, it argues (...) that many (perhaps most) apparent cases of non-moral blame are actually cases of moral blame. Second, it argues that even if non-moral blame is pro tanto permissible—because its target is blameworthy for their substandard performance—it often (perhaps usually) fails to meet other permissibility conditions, such as fairness or standing. Third, it goes further and challenges the claim that non-moral blame is ever even pro tanto permissible. Finally, it considers a number of arguments in support of non-moral obligations and argues that none of them succeed. (shrink)

This article examines the free will problem as it arises within Thomas Hobbes' naturalistic science of morals in early modern Europe. It explains that during this period, the problem of moral and legal responsibility became acute as mechanical philosophy was extended to human psychology and as a result human choices were explained in terms of desires and preferences rather than being represented as acts of an autonomous faculty. It describes how Hobbes changed the face of moral philosophy, through his Leviathan, (...) in ways that still structure and resonate within the contemporary debate. (shrink)

The compatibilism debate revolves around the question whether moral responsibility and free will are compatible with determinism. Prima facie, this seems to be a substantial issue. But according to the triviality objection, the disagreement is merely verbal: compatibilists and incompatibilists, it is maintained, are talking past each other, since they use the terms “free will” and “moral responsibility” in different senses. In this paper I argue, first, that the triviality objection is indeed a formidable one and that the standard replies (...) to it are unconvincing. This, however, does not mean that the objection succeeds. Starting with the debate about moral responsibility, I attempt to show that there is an account of moral responsibility which enables us to defend the compatibilism debate against the charge of triviality—namely, the normative conception of moral responsibility. If “moral responsibility” is defined in normative terms, then we cannot distinguish between a compatibilist and an incompatibilist sense of “moral responsibility”, because such a disambiguation would be inconsistent with the essential action-guiding force of normative expressions. Finally, I examine how the normative conception of moral responsibility can help us to defend the free will debate against the triviality objection and draw some general conclusions. (shrink)

While philosophers have worried about mental causation for centuries, worries about the causal relevance of conscious phenomena are also increasingly featuring in neuroscientific literature. Neuroscientists have regarded the threat of epiphenomenalism as interesting primarily because they have supposed that it entails free will scepticism. However, the steps that get us from a premise about the causal irrelevance of conscious phenomena to a conclusion about free will are not entirely clear. In fact, if we examine popular philosophical accounts of free will, (...) we find, for the most part, nothing to suggest that free will is inconsistent with the presence of unconscious neural precursors to choices. It is only if we adopt highly non-naturalistic assumptions about the mind (e.g. if we embrace Cartesian dualism and locate free choice in the non-physical realm) that it seems plausible to suppose that the neuroscientific data generates a threat to free will. (shrink)

According to the practice-focused approach to moral agency, a participant stance towards an entity is warranted by the extent to which this entity qualifies as an apt target of ascriptions of moral responsibility, such as blame. Entities who are not eligible for such reactions are exempted from moral responsibility practices, and thus denied moral agency. I claim that many typically exempted cases may qualify as moral agents by being eligible for a distinct participant stance. When we participate in moral responsibility (...) practices, we are not only participating as potential targets of moral reactions, but also as sources of such address, i.e. as moral addressors. By consequence, there are entities towards which we seem to have reason to adopt an addressor participant stance, regardless of their eligibility as moral addressees. This expanded theoretical room for moral agency may also be of normative import. (shrink)

This open access book provides an exploration of the consequences of the ontological differences between natural and social objects (sometimes described as objects of nature and objects of thought) in the workings of causal and agency relationships. One of its important and possibly original conclusions is that causal and agency relationships do not encompass all of the dependent relationships encountered in social life. The idea that social reality is contingent has been known (and largely undisputed) at least since Wittgenstein’s “On (...) Certainty”, but social science, and most notably economics has continued to operate on the basis of causal and agency theories borrowed or adapted from the natural sciences. This volume contains essays that retain and justify the partial or qualified use of this approach and essays that totally reject any use of causal and agency theory built on determined facts (closed systems).The rejection is based on the possibly original claim that, whereas causation in the objects of the natural sciences reside in their properties, human action is a matter of intentionality. It engages with critical realist theory and re-examines the role of free will in theories of human action in general and economic theory in particular. (shrink)

Should moral blame stop at the grave? We often blame the dead for the bad things they did while alive. But blaming the dead poses a prima facie challenge to accounts which take our blaming practices to aim at communicating moral disapproval to wrongdoers or at improving their moral agency. If these kinds of aims are made definitional for blame, blaming the dead becomes impossible. But even on accounts which say that paradigmatically, blame is a form of moral engagement which (...) aims to effect changes in the wrongdoer, blaming the dead may seem unjustified, pointless or even irrational. In this paper, I explain how blaming the dead can be made sense of and justified. However, not all cases of blaming the dead fit this explanation, because blaming the dead is not a homogenous practice. (shrink)

Compatibilist libertarianism claims that alternate possibilities for action at the agential level are consistent with determinism at the physical level. Unlike traditional compatibilism about alternate possibilities, involving conditional or dispositional accounts of the ability to act, compatibilist libertarianism offers us unqualified modalities at the agential level, consistent with physical determinism, a potentially big advance. However, I argue that the account runs up against two problems. Firstly, the way in which the agential modalities are generated talks past the worries of the (...) incompatibilist in the traditional free will problem. As such, it fails to dispel the worries that determinism generates for the incompatibilist. Secondly, in spite of the ingenious use of the supervenience thesis and multiple realizability, the position still allows us to generate the old worry that determinism at the physical level would mean no alternate possibilities at the level of agency. In particular, I develop a new example, the ‘atomic slit case’ that demonstrates how physical level information is salient to what is possible at the agential level, motivating incompatibilism. (shrink)

According to an influential view, ‘the amount of blame people deserve varies with the extent of their indifference’. That is, the more wrongdoers act from a lack of moral concern, the more they would be blameworthy. This paper argues for the exact opposite claim: the more wrongdoers act from indifference, the less they are blameworthy – that is, in a properly interpersonal way.

This paper poses a new challenge to control-based theories of moral responsibility. Control-based theories – as defended, for instance, by Aristotle and John Martin Fischer – hold that an agent is responsible for an action only if she acted voluntarily and knew what she was doing. However, this paper argues that there is a large class of cases of unreflective behavior of which the following is true: the persons involved did not have the kind of control required by control-based theories, (...) yet we intuitively take the persons involved to be morally responsible. (shrink)

The purpose of this paper is to provide a justification of punishment which can be endorsed by free will skeptics, and which can also be defended against the "using persons as mere means" objection. Free will skeptics must reject retributivism, that is, the view that punishment is just because criminals deserve to suffer based on their actions. Retributivists often claim that theirs is the only justification on which punishment is constrained by desert, and suppose that non-retributive justifications must therefore endorse (...) treating the people punished as mere means to social ends. Retributivists typically presuppose a monolithic conception of desert: they assume that action-based desert is the only kind of desert. But there are also personhood-based desert claims, that is, desert claims which depend not on facts about our actions, but instead on the more abstract fact that we are persons. Since personhood-based desert claims do not depend on facts about our actions, they do not depend on moral responsibility, so free will skeptics can appeal to them just as well as retributivists. What people deserve based on the mere fact of their personhood is to be treated as they would rationally consent to be treated if all they had in view was the mere fact of their personhood. We can work out the implications of this view for punishment by developing a hypothetical consent justification in which we select principles of punishment in the Rawlsian original position, so long as we are careful not to smuggle in the retributivist assumption that it is under our control whether we end up as criminals or as law-abiding citizens once we raise the veil of ignorance. (shrink)

This article summarizes the moderate revisionist position I put forth in Four Views on Free Will and responds to objections to it from Robert Kane, John Martin Fischer, Derk Pereboom, and Michael McKenna. Among the principle topics of the article are (1) motivations for revisionism, what it is, and how it is different from compatibilism and hard incompatibilism, (2) an objection to the distinctiveness of semicompatibilism against conventional forms of compatibilism, and (3) whether moderate revisionism is committed to realism about (...) moral responsibility. (shrink)

In this article I propose a resolution to the history issue for responsible agency, given a moderate revisionist approach to responsibility. Roughly, moderate revisionism is the view that a plausible and normatively adequate theory of responsibility will require principled departures from commonsense thinking. The history issue is whether morally responsible agency – that is, whether an agent is an apt target of our responsibility-characteristic practices and attitudes – is an essentially historical notion. Some have maintained that responsible agents must have (...) particular sorts of histories, others have argued that no such history is required. Resolution of this contentious issue is connected to a wide range of concerns, including the significance and culpability of different forms of manipulation, the plausibility of important incompatibilist criticisms of compatibilism, and of course, a satisfactory account of moral responsibility. As it turns out, history matters sometimes, but less frequently than we might think. (shrink)

This article summarizes and extends the moderate revisionist position I put forth in Four Views on Free Will and responds to objections to it from Robert Kane, John Martin Fischer, Derk Pereboom, and Michael McKenna. Among the principle topics of the article are (1) motivations for revisionism, what it is, and how it is different from compatibilism and hard incompatibilism, (2) an objection to libertarianism based on the moral costs of its current epistemic status, (3) an objection to the distinctiveness (...) of semicompatibilism against conventional forms of compatibilism and (4) whether moderate revisionism is committed to realism about moral responsibility. (shrink)

John Martin Fischer’s most recent collection of essays, Deep Control: Essays on Free Will and Value, is both incredibly wide-ranging and impressively detailed. Fischer manages to cover a staggering amount of ground in the free will debate, while also providing insightful and articulate analyses of many of the positions defended in the field. In this collection, Fischer focuses on the relationship between free will and moral responsibility. In the first section of his book, Fischer defends Frankfurt cases as an important (...) and useful tool in rejecting the necessity of regulative control for moral responsibility. In the second section, Fischer turns his attention to his own account of guidance control. In this essay, I first focus on Fischer’s defense of Frankfurt cases, specifically his response to the argument that the assumption of determinism in such cases is question-begging. I then analyze two objections to Fischer’s account of guidance control. Finally, I conclude with a brief discussion of the metaphor of the pilgrimage, which Fischer introduces in the opening essay of his collection. (shrink)

Much has been written about the fittingness, epistemic, and standing norms that govern blame. In this paper, we argue that there exists a norm of blame that has yet to receive philosophical discussion and without which an account of the ethics of blame will be incomplete: a norm proscribing comparatively arbitrary blame. By reflecting on the objectionableness of comparatively arbitrary blame, we stand to elucidate a substantive, and thus far overlooked, norm governing our attributions of responsibility. Accordingly, our aim in (...) this paper is to develop a comparative non-arbitrariness condition on blame that can enrich our understanding of the ethics of blame. (shrink)

One way of being responsible for an action is being praiseworthy for it. But what is the “praise” of which the praiseworthy agent is worthy? This paper provides a survey of answers to this question, i.e. a survey of possible accounts of praise’s nature. It then presents an overview of candidate norms governing our responses of praise. By attending to praise’s nature and appropriateness conditions, we stand to acquire a richer conception of what it is to be, and to regard (...) another as, a responsible agent. (shrink)

Anger dominates debates in the public sphere. In this article I argue that there are diverse forms of anger that merit different responses. My focus is especially on two types of anger that I label respectively arrogant and resistant. The first is the characteristic defensive response of those who unwarrantedly arrogate special privileges for themselves. The second is often a source of insight and a form of moral address. I detail some discursive manifestations of these two types of anger. I (...) show that arrogant anger is responsible for attempts to intimidate and humiliate others with whom one disagrees. Whilst resistant anger can be intimidating, it is also essential in communicating moral demands. (shrink)

Most contemporary accounts of moral responsibility take desert to play a central role in the nature of moral responsibility. It is also assumed that desert is a backward-looking concept that is not directly derivable from any forward-looking or consequentialist considerations, such as whether blaming an agent would deter the agent from performing similar bad actions in the future. When determining which account of moral responsibility is correct, proponents of desert-based accounts often take intuitions about cases to provide evidence either in (...) favor of or against a proposed theory. In this paper, I discuss two experiments that test whether folk intuitions accord with what desert-based accounts would predict. Results suggest that moral responsibility intuitions are sensitive to forward-looking considerations, thus posing a problem for desert-based accounts of moral responsibility. If appealing to intuitions about cases is a valid method of discovering the nature of moral responsibility and desert, it seems either desert is not entirely backward-looking or moral responsibility is not exclusively desert-based. These experimental results also suggest that consequentialist accounts of moral responsibility, which have largely been abandoned due to their counterintuitive nature, are perhaps not so counterintuitive after all. (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)

The paper begins by considering David Armstrong's beautiful paper 'The Headless Woman Illusion and the Defence of Materialism', which conjectures how we get the illusion that there are non-physical qualia. There are discussions of other metaphysical illusions, that there is a passage of time, that we have libertarian free will, and that consciousness is ineffable (which last also relates to Armstrong), and of their possible explanations. Moral: avoid appeal to so called intuition or phenomenology.

The Theory of Important Criteria is used to argue that the age?old problem of the compatibility of free will and determinism turns on the question of the importance of causal indeterminacy of choice as a criterion of being able to do otherwise. One's answer to this question depends in turn on one's evaluation of certain moral issues and of the force and significance of certain similes, analogies and diagrams in terms of which one can ?depict? a deterministic universe. It is (...) further argued that the problem of free will and determinism is not a pseudo?problem, but a genuine problem that is hard to solve because of the depth and complexity of the evaluative issues on which it hangs. (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 term ‘glory’ is notoriously difficult to characterize. In general, when theologians and philosophers have sought to characterize the term they do so in an imprecise and vague manner that leaves a variety of questions unanswered. In what follows we show how recent work in philosophy together with various historical and theological reflections about glory can be used to elucidate the wide range of concepts that tend to be expressed with the term ‘glory’ in theological thought.

Although the concept of glory has a central place in religious thought, philosophers of religion have had remarkably little to say about glory. What follows is a philosophical analysis of two distinct concepts we express with the term ‘glory’ and an explanation of how we can use one of them to dislodge Bayne and Nagasawa’s recent atheological argument from worship.

In this article, we will identify two issues that deserve greater attention from those researching lay people’s attitudes to moral responsibility and determinism. The first issue concerns whether people interpret the term “moral responsibility” in a retributive way and whether they are motivated to hold offenders responsible for pre-determined behaviour by considerations other than retributivism, e.g. the desires to condemn the action and to protect society. The second issue concerns whether explicitly rejecting moral responsibility and retributivism, after reading about determinism, (...) would have any impact on “implicit” retributivism when recommending a sentence for a hypothetical offender. We will report the results of an exploratory study that investigated these questions. Our preliminary findings raise the possibility that a significant proportion of participants either i) may not interpret “moral responsibility” in the basic, retributive sense of the term, which is at issue in the determinism debate, or ii) may be unconsciously motivated by non-retributive considerations to judge that the offender is morally responsible, in the basic, retributive sense. If this is confirmed by future research, a wider implication would be that theorists’ arguments against retributivism are more likely to affect public attitudes to punishment when non-retributive ways of achieving important punishment goals are emphasised. Our preliminary findings also suggested that explicit retributivism did not correlate with implicit retributivism. If this is confirmed in future research, it would imply that free will theorists who wish to affect public attitudes toward punishment should, when communicating their research to the public, give detailed consideration to the implications for sentencing. (shrink)

Bailey (2021) offers a clever argument for the compatibility of determinism and moral responsibility based on the nature of intrinsic intentions. The argument is mistaken on two counts. First, it is invalid. Second, even setting that first point aside, the argument proves too much: we would be blameworthy in paradigm cases of non-blameworthiness. I conclude that we cannot reason from intentions to responsibility solely from the “inside out”—our possessing a blameworthy intention cannot tell us whether this intention is also blameworthy (...) in deterministic worlds. (shrink)

Brain-machine interfaces are a growing field of research and application. The increasing possibilities to connect the human brain to electronic devices and computer software can be put to use in medicine, the military, and entertainment. Concrete technologies include cochlear implants, Deep Brain Stimulation, neurofeedback and neuroprosthesis. The expectations for the near and further future are high, though it is difficult to separate hope from hype. The focus in this paper is on the effects that these new technologies may have on (...) our ‘symbolic order’—on the ways in which popular categories and concepts may change or be reinterpreted. First, the blurring distinction between man and machine and the idea of the cyborg are discussed. It is argued that the morally relevant difference is that between persons and non-persons, which does not necessarily coincide with the distinction between man and machine. The concept of the person remains useful. It may, however, become more difficult to assess the limits of the human body. Next, the distinction between body and mind is discussed. The mind is increasingly seen as a function of the brain, and thus understood in bodily and mechanical terms. This raises questions concerning concepts of free will and moral responsibility that may have far reaching consequences in the field of law, where some have argued for a revision of our criminal justice system, from retributivist to consequentialist. Even without such a (unlikely and unwarranted) revision occurring, brain-machine interactions raise many interesting questions regarding distribution and attribution of responsibility. (shrink)

Empirical evidence challenges many of the assumptions that underlie traditional philosophical and commonsense conceptions of human agency. It has been suggested that this evidence threatens also to undermine free will and moral responsibility. In this paper, I will focus on the purported threat to moral responsibility. The evidence challenges assumptions concerning the ability to exercise conscious control and to act for reasons. This raises an apparent challenge to moral responsibility as these abilities appear to be necessary for morally responsible agency. (...) I will argue that this challenge collapses once the underlying conditions on moral responsibility are specified in sufficient detail. I will argue, in other words, that the empirical evidence does not support a challenge to the assumption that we are, in general, morally responsible agents. In the final section, I will suggest that empirical research on human agency is nevertheless relevant to various questions about moral responsibility. (shrink)

T. M. Scanlon posits a universal moral relationship in response to the worry that his relational approach to blame cannot answer the question of how strangers can fittingly blame one another. However, commentators have noted that appealing to universal moral standards seems to explicitly deviate from a relational approach’s basis in actual relationship norms. This paper argues that Scanlon’s idea of a moral relationship can nevertheless provide a basis for response to the problem of strangers if we recognize that actual (...) and ideal moral relationships both play a role within the relational approach. An interesting consequence of this recognition is that it seems to undermine the moral relationship’s universality. However, a presumptive case for assuming the relationship exists even between strangers can be found in seeing our blaming practices as akin to public policy nudges, where blame operates like an opt-out choice architecture with respect to the moral relationship. On this understanding, though the moral relationship is escapable, individuals are naturally encouraged to participate through the expression of interpersonal attitudes that communicate relational norms and expectations. (shrink)

To suggest that Daniel Dennett is a deist is to invite ridicule. Dennett is both an avowed atheist and defender of naturalism in philosophy. Yet if we pay heed to the entirety of Dennett’s claims a curious picture emerges. My suggestion is that Hegel and Marx represent the rival responses to what we might call the modern predicament: what is the nature of existence in a world which seems a mechanism? Dennett’s response to this question is Hegelian, and involves a (...) commitment to a religiosity which might surprise those otherwise receptive to his arguments. (shrink)

This article considers and criticizes criminal law‘s assumption of the moral autonomy of individuals, showing how that view rests on questionable and obscure Kantian commitments about the self, and proposes a naturalistic alternative developed through a synthetic reading of Adorno‘s and Bhaskar‘s account of the subject in relation to nature and society. As an embodied, emergent, changing subject whose practically rational powers are emergent, polymorphous, and contingent, the subject‘s moral autonomy is dependent on the conditions for experiences of solidarity in (...) four-planar nature. This view makes criminal theory‘s Autonomy Assumption look deeply questionable; autonomy must be a complex, nuanced open question, not an abstract, a priori default assumption. (shrink)

This paper puts forward an account of blame combining two ideas that are usually set up against each other: that blame performs an important function, and that blame is justified by the moral reasons making people blameworthy rather than by its functionality. The paper argues that blame could not have developed in a purely instrumental form, and that its functionality itself demands that its functionality be effaced in favour of non-instrumental reasons for blame—its functionality is self-effacing. This notion is sharpened (...) and it is shown how it offers an alternative to instrumentalist or consequentialist accounts of blame which preserves their animating insight while avoiding their weaknesses by recasting that insight in an explanatory role. This not only allows one to do better justice to the authority and autonomy of non-instrumental reasons for blame, but also reveals that autonomy to be a precondition of blame’s functionality. Unlike rival accounts, it also avoids the “alienation effect” that renders blame unstable under reflection by undercutting the authority of the moral reasons which enable it to perform its function in the first place. It instead yields a vindicatory explanation that strengthens our confidence in those moral reasons. (shrink)

It seems plausible that (i) how much punishment a person deserves cannot be affected by the mere existence or nonexistence of another person. We might have also thought that (ii) how much punishment is deserved cannot increase merely in virtue of personal division. I argue that (i) and (ii) are inconsistent with the popular belief that, other things being equal, when people culpably do very wrong or bad acts, they ought to be punished for this—even if they have repented, are (...) now virtuous, and punishing them would benefit no one. Insofar as we cannot deny (i), we are either forced to abandon the popular belief in desert, or else allow that personal division could, as I put it, “multiply desert.” Some may not find the latter, considered by itself, troubling. But I argue that the thesis that division multiplies desert faces a potentially serious problem, which arises in the context of personal fusion. It is difficult to see how to maintain a particular family of desert views in light of the cases here presented. (shrink)

While libertarians affirm personal responsibility as a central moral and political value, libertarian theorists write relatively little about the theory and practice of this value. Focusing on the work of F. A. Hayek and David Schmidtz, this article identifies the core of a libertarian approach to personal responsibility and demonstrates the ways in which this approach entails a radical revision of the ethics and American politics of personal responsibility. Then, I highlight several central implications of this analysis in the American (...) political and economic status quo. First, this analysis makes a mockery of so-called libertarian/conservative ‘fusionism’, such that libertarian personal responsibility cannot partner with meritocratic conservative thought to provide a plural grounding for rejecting progressive or redistributive economic policy. Next, preferred libertarian policies threaten the status, esteem and social bases of self-respect of citizens who are worse-off through little or no fault of their own. Finally, these policies undermine the ethics of personal responsibility that Americans from across the ideological spectrum value and many conservatives and libertarians celebrate. In the American status quo, those who value personal responsibility must reserve a central place for policies that mitigate opportunity and distributive inequalities. (shrink)

I clarify some ambiguities in blame-talk and argue that blame's potential for irrationality and propensity to sting vitiates accounts of blame that identify it with consciously accessible, personal-level judgements or beliefs. Drawing on the cognitive psychology of emotion and appraisal theory, I develop an account of blame that accommodates these features. I suggest that blame consists in a range of hostile, negative first-order emotions, towards which the blamer has a specific, accompanying second-order attitude, namely, a feeling of entitlement—a feeling that (...) these hostile, negative first-order emotions are what the blamed object deserves. (shrink)

The mental realm seems different to the physical realm; the mental is thought to be dependent on, yet distinct from the physical. But how, exactly, are the two realms supposed to be different, and what, exactly, creates the seemingly insurmountable juxtaposition between the mental and the physical? This review identifies and discusses five marks of the mental, features that set characteristically mental phenomena apart from the characteristically physical phenomena. These five marks (intentionality, consciousness, free will, teleology, and normativity) are not (...) presented as a set of features that define mentality. Rather, each of them is something we seem to associate with phenomena we consider mental, and each of them seems to be in tension with the physical view of reality in its own particular way. It is thus suggested how there is no single mind-body problem, but a set of distinct but interconnected problems. Each of these separate problems is analyzed, and their differences, similarities and connections are identified. This provides a useful basis for future theoretical work on psychology and philosophy of mind, that until now has too often suffered from unclarities, inadequacies, and conflations. (shrink)

Since our moral and legal judgments are focused on our decisions and actions, one would expect information about the neural underpinnings of human decision-making and action-production to have a significant bearing on those judgments. However, despite the wealth of empirical data, and the public attention it has attracted in the past few decades, the results of neuroscientific research have had relatively little influence on legal practice. It is here argued that this is due, at least partly, to the discussion on (...) the relationship of the neurosciences and law mixing up a number of separate issues that have different relevance on our moral and legal judgments. The approach here is hierarchical; more and less feasible ways in which neuroscientific data could inform such judgments are separated from each other. The neurosciences and other physical views on human behavior and decision-making do have the potential to have an impact on our legal reasoning. However, this happens in various different ways, and too often appeal to any neural data is assumed to be automatically relevant to shaping our moral and legal judgments. Our physicalist intuitions easily favor neural-level explanations to mental-level ones. But even if you were to subscribe to some reductionist variant of physicalism, it would not follow that all neural data should be automatically relevant to our moral and legal reasoning. However, the neurosciences can give us indirect evidence for reductive physicalism, which can then lead us to challenge the very idea of free will. Such a development can, ultimately, also have repercussions on law and legal practice. (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)

Abolitionism is the view that if no one is responsible, then we ought to abandon the reactive attitudes. Proponents suggest that reactive attitudes can be replaced in our emotional repertoire by non-reactive analogues. In this paper, I dispute and reject a common challenge to abolitionism according to which the reactive attitudes are necessary for protesting unfairness and maintaining social harmony. While other abolitionists dispute the empirical basis of this objection, I focus on its implications. I argue that even if non-reactive (...) analogues cannot perform the interpersonal and social functions of reactive attitudes, it does not follow that the losses of abandoning them outweigh the gains of retaining them. The force of the challenge rests on a mistake, identified by John Stuart Mill among others, that is common when evaluating entrenched social practices. (shrink)

Once relegated to the margins of the responsibility debate, moral influence theories have recently been rehabilitated. This paper offers a moral influence theory with two parts: a theory of responsibility as influenceability and an act-consequentialist justification of blame. I defend this account against six concerns commonly raised both by opponents and by advocates of similar views. Some concerns target act consequentialism, claiming that it 1) permits blaming innocents; 2) permits coercion, manipulation, and other objectionable forms of influence; and 3) fails (...) to capture intuitions about desert. Other concerns target responsibility as influenceability, claiming that influenceability accounts are 4) unsophisticated, 5) make ascriptions of responsibility dependent on assessments of permissible blame, and 6) have various counterintuitive implications. (shrink)

My topic lies on conceptual terrain that is quite familiar to philosophers. For others, a bit of background may be in order. In light of what has filtered down from quantum mechanics, few philosophers today believe that the universe is causally deterministic. That is, to use Peter van Inwagen's succinct definition of “determinism,” few philosophers believe that “there is at any instant exactly one physically possible future.” Even so, partly for obvious historical reasons, philosophers continue to argue about whether free (...) will and moral responsibility are compatible with determinism. Compatibilists argue for compatibility, and incompatibilists argue against it. Some incompatibilists maintain that free will and moral responsibility are illusions. But most are libertarians, libertarianism being the conjunction of incompatibilism and the thesis that at least some human beings are possessed of free will and moral responsibility. (shrink)

This paper investigates whether responsibility could be borne vicariously. I distinguish between three different senses of responsibility: attributional responsibility, practices of holding people responsible, and substantive responsibility. I argue that it is doubtful both whether attributional responsibility could be borne vicariously, and whether it could be appropriate to hold someone vicariously responsible. However, I suggest that substantive responsibility can genuinely be borne vicariously. Getting clear on these conceptual issues has important implications for how we approach more concrete legal and political (...) questions. More specifically, I argue these abstract arguments can be used to inform views on the common-law doctrine of joint enterprise, and on reparations for historic injustice. (shrink)

Wimpy retributivism finds reasons to refrain from giving the blameworthy and culpable what they deserve, even if it comes to very little. These reasons have to do with the moral hazards of being mistaken about when harsh treatment is justified. A moral influence theory can help supplement retributivist reasons with further consequentialist considerations and thereby keep these skeptical worries in check.

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)

An assumption central to some forms of retributivism is that it is noninstrumentally good that a culpable wrongdoer suffers in receiving a deserved punishment. A justification for this can be built from a conversational theory of moral responsibility, and in particular deserved blame. On such a theory, deserved blame is fitting as a response to a wrongdoer insofar as it is conversationally meaningful as a reply to a wrong done. Punishment, it might be argued, has this feature too. The conversational (...) aim in both deserved blame and punishment is for the guilty to grasp the meaning conveyed by those who blame or punish and then respond meaningfully by, for example, apologizing or expressing remorse. Ideally, a culpable agent would experience a form and degree of guilt suitable for a wrong done. So, a conversational theory of punishment can then be justified in terms of providing conditions conducive for a culpable wrongdoer to respond to punishment by manifesting an appropriately pained response of guilt. (shrink)