In this paper I consider fairness of blaming a wrongdoer. In particular, I consider the claim that blaming a wrongdoer can be unfair because blame has a certain characteristic force, a force which is not fairly imposed upon the wrongdoer unless certain conditions are met--unless, e.g., the wrongdoer could have done otherwise, or unless she is someone capable of having done right, or unless she is able to control her behavior by the light of moral reasons. While agreeing that blame (...) has a characteristic force, I am skeptical of this charge of unfairness. My skepticism concerns itself less with the particular conditions of fairness proposed than with the idea that blame can be rendered unfair by its characteristic force. If to blame a person were simply to perform certain intentional actions, then, as we will see, blame could be rendered unfair by its force. But to blame a person is not just to act in certain ways. It is, at least in large part, to make certain judgments or adopt certain attitudes. However, it is unclear how these attitudes or judgments carry "force"? and also unclear whether they can be rendered unfair by their force. Examining these issues, I will suggest that much of the force of blame is found in a set of judgments--most centrally, the judgment that one person failed to show proper regard for others. But, I will argue, once it is granted that such judgments are true, their characteristic force cannot render them unfair. (shrink)

This article shows how the social sciences rejected hard determinism by the mid-twentieth century largely on the deontological basis that it is irreconcilable with social justice, yet this rejection came just before a burst of creative development in consequentialist theories of social justice that problematize a facile rejection of determinism on moral grounds, a development that has seldom been recognized in the social sciences. Thus the current social science view of determinism and social justice is antiquated, ignoring numerous common and (...) well-respected arguments within philosophy that hard determinism can be reconciled with a just society. We support this argument by briefly tracing the parallel development of stances on determinism in the social sciences and the deontological-consequentialist debate in philosophy. The article concludes with a brief consideration of deterministic consequentialist ethics, social justice, and the problems of egoism and altruism. (shrink)

This paper examines the role of respect (specifically, the interest in having the respect of other people) in enabling blame to be effective: i.e., to achieve the desired effect of changing the blamed’s attitude and behavior. It develops an account of blame’s operations in three different cases: standard, intermediate, and proleptic. It ends by raising the worry that effective blame toward the morally distant approximates manipulation and coercion, leaving a moral residue.

This paper explores the prospects of employing a functional approach in order to improve our concept of actual causation. Claims of actual causation play an important role for a variety of purposes. In particular, they are relevant for identifying suitable targets for intervention, and they are relevant for our practices of ascribing responsibility. I argue that this gives rise to the challenge of purpose. The challenge of purpose arises when different goals demand adjustments of the concept that pull in opposing (...) directions. More specifically, I argue that a common distinction between certain kinds of preempted and preempting factors is difficult to motivate from an interventionist viewpoint. This indicates that an appropriately revised concept of actual causation would not distinguish between these two kinds of factors. From the viewpoint of retributivist responsibility, however, the distinction between preempted and preempting factors sometimes is important, which indicates that the distinction should be retained. (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)

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)

The New Evil Demon Problem presents a serious challenge to externalist theories of epistemic justification. In recent years, externalists have developed a number of strategies for responding to the problem. A popular line of response involves distinguishing between a belief’s being epistemically justified and a subject’s being epistemically blameless for holding it. The apparently problematic intuitions the New Evil Demon Problem elicits, proponents of this response claim, track the fact that the deceived subject is epistemically blameless for believing as she (...) does, not that she is justified for so believing. This general strategy—which I call the “unjustified-but-blameless maneuver”—is motivated, in part, by the assumption that the distinction between epistemic justification and blamelessness is merely an extension of the familiar distinction between moral justification and blamelessness. In this paper, I consider three ways of drawing the distinction between justification and blamelessness familiar from the moral domain: the first in terms of a connection with reactive attitudes, the second in terms of the distinction between wrongness and wronging, and the third in terms of reasons-responsiveness. All three ways of drawing the distinction, I argue, make it difficult to see how an analogous distinction in the epistemic domain could help externalists explain away the intuitions which underwrite the New Evil Demon Problem. Motivating the unjustified-but-blameless maneuver, I conclude, is a much less straightforward task than its proponents tend to assume. (shrink)

In the last 70 years there has been an explosion of philosophical and theological work on the nature of virtue and the process of virtue formation. Yet philosophers and theologians have paid little attention to the phenomenon of temptation and its role in developing virtue. Indeed, little analytic work has been done on the nature of temptation. This study aims to fill this gap in moral philosophy and theology by offering an analytic moral conception of temptation and explicating its connection (...) to the development of virtue. This project deploys a new iteration of an older methodology of integrating philosophy and theology that may now appropriately be called “analytic moral theology.” In discerning the nature of temptation and its role in virtue formation, theological sources provide foundational guidance. Analytic moral philosophy provides illumination, coherence, and conceptual robustness to the theological foundation. The argument developed follows in the footsteps of John Hick’s soul-making theodicy by contending that the development of virtue requires a world that permits of experiences of temptation. This conclusion is substantiated by a close moral analysis of the nature of temptation that builds on key works done in philosophical moral psychology, philosophy of action, and philosophical theology. The emerging conceptualization of temptation is then compared and contrasted with the closely related moral phenomenon of akrasia and weakness of will, and finally interfaced with a neo- Aristotelian conception of virtue development. In the end, Thomas Aquinas’s understanding of infused virtue is employed as a theological test of the thesis and conditions the scope of the thesis. In light of this constructive analysis of the nature of temptation and its argument for temptation’s role in acquiring moral virtue, this project makes a contribution to philosophical Christian ethics. (shrink)

In this paper I provide a forward-looking account of the difference between the responsibility of children and the responsibility of adults. I do so by means of criticizing agency-cultivation accounts of responsibility. According to these accounts, the justification for holding a person to a norm is the cultivation of their moral agency, and children are, just like adults, considered responsible to the extent that they can have their moral agency cultivated in this manner. Like many forward-looking accounts, these accounts claim (...) that the purpose of holding adults to norms is similar to the purpose of holding children to norms. I argue that the justifications for holding adults to norms are different because of the particular ways in which adults can be in moral disagreement with one another, and the consequences that this has. Moral disagreement is relevant to consequentialist accounts because it impacts on whether and how we can secure beneficial outcomes via holding someone to a norm. One of the upshots of this analysis is that the forward-looking justification for holding adults to norms is qualitatively different from how and why we should hold children to norms. (shrink)

Is prostitution immoral? In this book, Rob Lovering argues that it is not. Offering a careful and thorough critique of the many―twenty, to be exact―arguments for prostitution's immorality, Lovering leaves no claim unchallenged. Drawing on the relevant literature along with his own creative thinking, Lovering offers a clear and reasoned moral defense of the world's oldest profession. Lovering demonstrates convincingly, on both consequentialist and nonconsequentialist grounds, that there is nothing immoral about prostitution between consenting adults. The legal implications of this (...) view are also brought to bear on the current discourse surrounding this controversial topic. (shrink)

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)

Hobart’s classic 1934 paper “Free Will as Involving Determination and Inconceivable Without It” has been widely cited as an example of an argument for the view that free will requires the truth of determinism. In this paper, I argue that this reading of Hobart’s paper is mistaken and that we should instead read Hobart as arguing that an agent exercises their free will only if the proximate causes of the agent’s action deterministically cause their action. After arguing that Hobart’s view, (...) rightly understood, escapes the problems typically raised for Hobart’s compatibilism, I also argue that Hobart’s view is problematic for different reasons. Nevertheless, I argue that there is a crucial insight to be gleaned from Hobart’s paper—one that provides compatibilists with a new recipe for challenging libertarian accounts of free will. (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)

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)

This paper repudiates Manuel Vargas’s attempt to supplant the traditional moral influence theory of responsibility with his ‘agency cultivation model’. By focusing on fostering responsiveness to moral considerations, ACM purports to avoid the chief pitfalls of MIT. However, I contend that ACM is far less distinctive than it initially appears and so possesses all of MIT’s defects. I also assail Vargas’s counterfactual test for assessing whether a wrongdoer can respond to moral considerations. It is argued that the counterfactual test is (...) epistemically redundant because it can only be fleshed out once we have settled the issues it is supposed to resolve. Moreover, it tacitly inverts the relation between freedom and responsibility—we cannot attribute free will to wrongdoers unless we have already established their blameworthiness. The upshot of this is that enquiries into an agent’s freedom are irrelevant to the ethics of holding her responsible. (shrink)

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)

Many philosophers think that it is only because we happen to want or care about things that we think some things of value. We start off caring about things, and then project these desires onto the external world. In this chapter, I make a preliminary case for the opposite view, that it is our evaluative thinking that is prior or comes first. On this view, it is only because we think some things of value that we care about or want (...) anything at all. This view is highly explanatory. In particular, it explains (i) the special role that pleasure and pain play in our motivational systems, (ii) why phenomenal consciousness evolved, and (iii) how the two main competing theories of normative reasons for action—i.e., objectivism and subjectivism—can be reconciled. After explaining why this is so, I respond to the most serious objections to this view, including that it cannot account for temptation and willpower, or for the existence and appropriateness of the reactive attitudes. (shrink)

It has been argued that we cannot be morally responsible in the sense required to deserve blame or punishment if the world is deterministic, but still morally responsible in the sense of being apt targets for moral criticism. Desert-entailing moral responsibility is supposed to be more freedom-demanding than other kinds of responsibility, since it justifies subjecting people to blame and punishments, is nonconsequentialist, and has been shown by thought experiments to be incompatible with determinism. In this paper, I will show (...) that all these arguments can be resisted. (shrink)

Luck egalitarians argue that distributive justice should be understood in terms of our capacity to be responsible for our choices. Both proponents and critics assume that the theory must rely on a comprehensive conception of responsibility. I respond to luck egalitarianism’s critics by developing a political conception of responsibility that remains agnostic on the metaphysics of free choice. I construct this political conception by developing a novel reading of John Rawls’ distinction between the political and the comprehensive. A surprising consequence (...) is that many responsibility-based objections to luck egalitarianism turn out to be objections to Rawls’ political liberalism as well. (shrink)

Implicit intergroup biases have been shown to impact social behavior in many unsettling ways, from disparities in decisions to “shoot” black and white men in a computer simulation to unequal gender-based evaluations of résumés and CVs. It is a difficult question whether, and in what way, agents are responsible for behaviors affected by implicit biases. I argue that in paradigmatic cases agents are responsible for these behaviors in the sense that the behavior is “attributable” to them. That is, behaviors affected (...) by implicit biases reflect upon who one is as a moral agent. (shrink)

Random noise in the neurobiology of animals allows for the generation of alternative possibilities for action. In lower animals, this shows up as behavioral freedom. Animals are not causally predetermined by prior events going back in a causal chain to the origin of the universe. In higher animals, randomness can be consciously invoked to generate surprising new behaviors. In humans, creative new ideas can be critically evaluated and deliberated. On reflection, options can be rejected and sent back for “second thoughts” (...) before a final responsible decision and action. When the indeterminism is limited to the early stage of a mental decision, the later decision itself can be described as adequately determined. This is called the two-stage model, first the “free” generation of ideas, then an adequately determinism evaluation and selection process we call “will.”. (shrink)

A sourcebook/textbook on the problem of free will and determinism. Contains a history of the free will problem, a taxonomy of current free will positions, the standard argument against free will, the physics, biology, and neuroscience of free will, the most plausible and practical solution of the problem, and reviews of the work of the leading determinist Ted Honderich, the leading libertarian Robert Kane, the well-known compatibilist Daniel Dennett, and the determinism-agnostic Alfred Mele.

Revisionism about moral responsibility is the view that we would do well to distinguish between what we think about moral responsibility and what we ought to think about it, that the former is in some important sense implausible and conflicts with the latter, and so we should revise our concept accordingly. In this paper, I assess two related problems for revisionism and claim that focus on the first of these problems has thus far allowed the second to go largely unnoticed. (...) Here I develop this new objection to revisionism and argue that, while revisionists can successfully respond to the reference-anchoring problem, the normativity-anchoring problem poses a serious objection to the view. In particular, the methodological commitments used to motivate revisionism make it uniquely difficult for revisionists to justify our continued participation in the practice of moral praising and blaming. I conclude by briefly addressing a potential objection based on a common charge against revisionism: that there is no real difference between the view and its conventional competitors and thus the normativity-anchoring problem is of little interest in the broader dialectic. I argue that both of these claims are false. (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)

Libertarians like Robert Kane believe that indeterminism is necessaryfor free will. They think this in part because they hold both (1) thatmy being the ultimate cause of at least part of myself is necessary forfree will and (2) that indeterminism is necessary for this ``ultimateself-causation''. But seductive and intuitive as this ``USCLibertarianism'' may sound, it is untenable. In the end, nometaphysically coherent (not to mention empirically valid) conception ofultimate self-causation is available. So the basic intuition motivatingthe USC Libertarian is ultimately (...) impossible to fulfill. (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)

In recent work, Peter Railton, Julia Annas, and David Velleman aim to reconcile the phenomenon of “flow”—broadly understood as describing the “unreflective” aspect of skilled action—with one or another familiar conception of agency. While there are important differences between their arguments, Railton, Annas, and Velleman all make, or are committed to, at least one similar pivotal claim. Each argues, directly or indirectly, that agents who perform skilled unreflective actions can, in principle, accurately answer “Anscombean” questions—”what” and “why” questions— about what (...) they do. I argue against this claim and explore the ramifications for theories of skilled action and agency. (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)

The so-called Mind argument aims at the conclusion that agents act freely only if determinism is true. The soundness of this argument entails the falsity of libertarianism, the two-part thesis that agents act freely, and free action and determinism are incompatible. In this paper, I offer a new formulation of the Mind argument. I argue that it is true by definition that if an agent acts freely, either (i) nothing nomologically grounds an agent’s acting freely, or (ii) the consequence argument (...) for incompatibilism is unsound. I define the notion of nomological grounding, and argue that unless an agent’s acting freely is nomologically grounded, unacceptable consequences follow. I then argue that if agents act freely and the consequence argument is sound, a vicious regress ensues. I conclude by considering the libertarian’s dialectical options. (shrink)

According to what I will call mitigating soft compatibilism, although the truth of determinism is consistent with free action and moral responsibility, determinism nevertheless mitigates praiseworthiness and blameworthiness. In this paper, I take a closer look at this novel brand of compatibilism. My principal aim in doing so is to further explicate the view and to explore ways in which it can be deployed in defense of the more general compatibilist thesis. I also discuss one of the most pressing challenges (...) facing a compatibilist view of this sort, and I offer some suggestions as to how proponents of the view might attempt to address that challenge. (shrink)

The philosophical interest of verbal disputes is twofold. First, they play a key role in philosophical method. Many philosophical disagreements are at least partly verbal, and almost every philosophical dispute has been diagnosed as verbal at some point. Here we can see the diagnosis of verbal disputes as a tool for philosophical progress. Second, they are interesting as a subject matter for first-order philosophy. Reflection on the existence and nature of verbal disputes can reveal something about the nature of concepts, (...) language, and meaning. In this article I first characterize verbal disputes, spell out a method for isolating and resolving them, and draw out conclusions for philosophical methodology. I then use the framework to draw out consequences in first-order philosophy. In particular, I argue that the analysis of verbal disputes can be used to support the existence of a distinctive sort of primitive concept and that it can be used to reconstruct a version of an analytic/synthetic distinction, where both are characterized in dialectical terms alone. (shrink)

Daniel Dennett maintains that regardless of determinism humans are both free to act and have a meaningful existence. Yet Dennett’s compatibilism entails that a felicity-advancing interaction with the world is all that we could wish for, which seems false. I also argue that Dennett’s attempt to define the terms central to this metaphysical debate fails. The weaknesses of Dennett’s case suggest that he is motivated more by his desire to complete the naturalistic project than he is by the pursuit of (...) philosophical coherence. (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)

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)

Revisionists claim that the retributive intuitions informing our responsibility-attributing practices are unwarranted under determinism, not only because they are false, but because if we are all victims of causal luck, it is unfair to treat one another as if we are deserving of moral and legal sanctions. One revisionist strategy recommends a deflationary concept of moral responsibility, and that we justify punishment in consequentialist rather than retributive terms. Another revisionist strategy recommends that we eliminate all concepts of guilt, blame and (...) punishment, and treat dangerous criminals as we treat people with contagious diseases. I argue against both strong and moderate revisionism that it is not unfair to hold persons desert -entailingly responsible insofar as they take an interest in being treated as appraisable, and that it is unfair to persons not to treat them as desert -entailingly responsible contrary to their interests in being treated as such. The interest-based argument, I conclude, give us a justification for communicating retributive attitudes, but may still require a weak revision of our retributive practices, in the direction of a communicative theory of punishment. (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)

Theorists have spent considerable time discussing the concept of responsibility. Their discussions, however, have generally focused on the question of who counts as responsible, and for what. But as Gary Watson has noted, “Responsibility is a triadic relationship: an individual (or group) is responsible to others for something” (Watson Agency and answerability: selected essays, 2004 , p. 7). Thus, theorizing about responsibility ought to involve theorizing not just about the actor and her conduct, but also about those the actor is (...) responsible to—and specifically about how these people hold the actor responsible for her conduct. In this paper, I give a topology of the terrain of holding others responsible. Over the course of the paper I disambiguate two very broad senses of holding responsible—regarding another as a responsible agent and holding another responsible for a particular piece of conduct. Next, I argue that the latter sense of holding responsible is a genus with two species—what I will call “holding responsible as deep moral appraisal” and “holding responsible as accountability.” Appreciating these distinctions, I argue, sheds considerable light on a number of questions concerning the scope and nature of our practices of holding others responsible. Finally, illuminating these distinct senses of holding responsible and highlighting their features reveals an awkwardness in the most carefully explicated and influential account of holding responsible, namely R. Jay Wallace’s account in Responsibility and the Moral Sentiments. (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)

Can nonhuman animals and artificial intelligence (AI) entities be attributed moral agency? The general assumption in the philosophical literature is that moral agency applies exclusively to humans since they alone possess free will or capacities required for deliberate reflection. Consequently, only humans have been taken to be eligible for ascriptions of moral responsibility in terms of, for instance, blame or praise, moral criticism, or attributions of vice and virtue. Animals and machines may cause harm, but they cannot be appropriately ascribed (...) moral responsibility for their behavior. This thesis challenges the conventional paradigm by proposing an alternative approach where moral agency is conceived as the competence to participate in moral responsibility practices. By shifting focus from intra-individual to contextual and socially situated features, this practice-focused approach appears to make the attribution of moral agency to nonhuman animals and AI entities more plausible than commonly assumed. Moreover, considering the current and potential future prevalence of nonhuman animals and AI entities in everyday settings and social contexts, a potential extension of moral agency to such entities could very well transform our social, moral, and legal practices. Hence, this thesis proposes that the attribution or withholding of moral agency to different entities should be carefully evaluated, considering the potential normative implications. (shrink)

A pair of compatibilists, John Fischer (2012: ch. 6; n.d.) and Manuel Vargas (2012) have responded to a problem about luck that Alfred Mele (2005, 2006) posed for incompatibilist believers in free will and moral responsibility. They offer assistance to libertarians - at least on this front. In this paper, we assess their responses and explain why what they offer is inadequate for libertarian purposes.

Haji argues that determinism threatens deontic morality, not via a threat to moral responsibility, but directly, because of the principle that ‘ought’ implies ‘can’. Haji’s argument requires not only that we embrace an ‘ought’ implies ‘can’ principle, but also that we adopt the principle that ‘ought’ implies ‘able not to’. I argue that we have little reason to adopt the latter principle, and examine whether deontic morality might be destroyed on the basis of the more commonly embraced ‘ought’ implies ‘can’ (...) principle alone. I argue that despite what look like initially compelling reasons why we might suppose that this weaker conclusion is similarly destructive to deontic morality, we actually have good reason to doubt that it has any practical relevance for moral deliberation at all. (shrink)

Contrary to John Bramhall and critics like him, Thomas Hobbes takes the view that no account of liberty or freedom can serve as the relevant basis on which to distinguish moral from nonmoral agents or explains the basis on which an agent becomes subject to law and liable to punishment. The correct compatibilist strategy rests, on Hobbes’s account, with a proper appreciation and description of the contractualist features that shape and structure the moral community. From this perspective human agents may (...) indeed use their liberty to make themselves moral agents. In doing this, however, they are not employing a distinct kind of liberty but rather using a liberty that they share with animals and other nonmoral agents to perform a distinct kind of act (i.e., consent) whereby they become moral agents subject to law and any punishments that are required to enforce it. ____ -/- Originally published in the Oxford Handbook of Philosophy in Early Modern Europe - eds. D. Clarke & C. Wilson, OUP 2011 -/- Republished in Recasting Hume and Early Modern Philosophy: Selected Essays - OUP 2021: Paul Russell]. (shrink)

The paper discusses the concept of "crisis" in the context of the city of Detroit's bankruptcy under the rule of the Governor-appointed Emergency Manager. In their recent book, Judith Butler and Athena Athanasiou discuss the concept of dispossession in all its complexity, in the context of enforced austerity measures in Europe and a global Occupy movement. The concept of “dispossession” clarifies how we actually depend on others in a sustained social world, that in fact the self is social. I will (...) use their reflections as a springboard for analysis of the imposition of an emergency manager on the City of Detroit and the subsequent bankruptcy hearings for the city, which along with the mortgage and foreclosure crisis and now recent water shut-offs have resulted in dispossessing the poorest of the poor from their modest possessions. However Detroit is also the scene of a robust response, as people take to the streets in acts of solidarity to demand their city back. As Athena and Butler caution, activists should not fall into reinforcing the disastrous concept of personhood reinforced by possession. There are other ways of engaging with each other politically to forge a common cause that escape the negative aspects of “possession.” The project of getting people together at the grassroots, knowing each other, finding strength in leaning on each other, finding confidence to challenge the status quo that is tearing communities apart – that is the activism that is ongoing in Detroit. (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)

How should we understand basic desert as a justification for blaming? Many philosophers account for free will by reference to the sort of moral responsibility that involves a blameworthy person deserving blame in a basic sense of desert; free will just is the control condition for this sort of moral responsibility. But what precisely does basic desert come to, and what is it about blame that makes it the thing that a blameworthy person deserves? As it turns out, there are (...) challenges in attempting to understand basic desert for blame. One concerns whether the only good in harming a person by blaming her is instrumental. If so, there may be reason to reject desert-based conceptions of blame. In this paper, I will develop an account of basically deserved blame. In doing so, I will also defend the controversial thesis that the harm involved in blaming can be good in a way that is not merely instrumental. (shrink)

The Blockage Argument is designed to improve upon Harry Frankfurt’s famous argument against the Principle of Alternative Possibilities by removing the counterfactual intervener altogether. If the argument worked, then it would prove in a way that Frankfurt’s argument does not that moral responsibility does not require any alternative possibilities whatsoever, not even the weakest “flicker of freedom”. -/- Some philosophers have rejected the Blockage Argument solely on the basis of their intuition that the inability to do otherwise is incompatible with (...) moral responsibility. I will argue, however, that it is not merely the inability to do otherwise by itself but rather the inability to do otherwise in combination with the absence of a counterfactual intervener that is incompatible with moral responsibility. If I cannot do otherwise and it is not because of a counterfactual intervener, then it must be the case that I am being forced to choose and therefore act as I do, in which case I cannot be morally responsible for this action. -/- Because the Blockage Argument fails, and because it was really the only way to establish that moral responsibility does not require any alternative possibilities whatsoever, it follows that moral responsibility does indeed require at least one alternative possibility in any given situation. But it turns out that this conclusion does not tip the balance in favor of incompatibilism over compatibilism. It would have if blockage and determinism were equivalent. But they are not. Unlike blockage, determinism is compatible with certain counterfactuals that compatibilists traditionally believed the ability to do otherwise reduces to. So even though moral responsibility is incompatible with blockage, it does not necessarily follow that moral responsibility is incompatible with determinism. (shrink)

Every tenable ethical theory must have an account of moral virtue and vice. Julia Driver has performed a great service for utilitarians by developing a utilitarian account of moral virtue that complements a broader act-based utilitarian ethical theory. In her view, a moral virtue is a psychological disposition that systematically produces good states of affairs in a particular possible world. My goal is to construct a more plausible version of Driver’s account that nevertheless maintains its basic integrity. I aim to (...) accomplish this goal by developing four problems concerning admiration and luck for Driver’s account. Subsequently, I modify the account in a way that partially or entirely mitigates each difficulty. Finally, I attempt to undermine Driver’s rationale for rejecting the modification and explore how well the modified account of moral virtue fits with utilitarian accounts of right action. (shrink)

Recent empirical evidence indicates that people tend to believe that they possess indeterminist free will, and people’s experience of choosing and deciding is that they possess such freedom. Some also maintain that people’s belief in indeterminist free will has its source in their experience of choosing and deciding. Yet there seem to be good reasons to resist endorsing. Despite this, I maintain that belief in indeterminist free will really does have its source in experience. I explain how this is so (...) by appeal to the phenomenon of prospection, which is the mental simulation of future possibilities for the purpose of guiding action. Crucially, prospection can be experienced. And because of the way in which prospection models choice, it is easy for agents to experience and to believe that their choice is indeterministic. Yet this belief is not justified; the experience of prospection, and hence of free will as being indeterminist, is actually consistent with determinism. (shrink)