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)

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)

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)

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.

A familiar claim in the free will debate is that the freedom in dispute between compatibilists and incompatibilists is limited to the type required for an agent to deserve blame for moral wrongdoing, and to deserve it in a sense that is basic. In this paper, I seek a rationale for this claim, offer an explanation of basic desert, and then argue that the free will debate can persist even when divorced from basic desert.

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)

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)

In The Concept of Mind, Gilbert Ryle argued that a more sophisticated understanding of the dispositional nature of ‘intelligent capacities’ could bolster philosophical resistance to the tempting view that the human mind is possessed of metaphysically ‘occult’ powers and properties. This temptation is powerful in the context of accounting for the special qualities of responsible agency. Incompatibilists indulge the temptation; compatibilists resist it, using a variety of strategies. One recent strategy, reminiscent of Ryle’s, is to exploit a more sophisticated understanding (...) of dispositional properties to account for these qualities. But ‘new dispositionalists’ run up against a ‘hard problem’ that threatens the approach. This paper argues that the threat may be averted by embracing a yet more radical ‘Rylean’ view of the distinctive dispositional nature of ‘intelligent capacities’. (shrink)

In Building Better Beings, Vargas develops and defends a naturalistic account of responsibility, whereby responsible agents must possess a feasibly situated capacity to detect and respond to moral considerations. As a preliminary step, he also offers a substantive account of how we might justify our practices of holding responsible—viz., by appeal to their efficacy in fostering a ‘valuable form of agency’ across the community at large, a form of agency that precisely encompasses sensitivity to moral considerations. But how do these (...) accounts relate to one another? Though I find much that is appealing in Vargas’s general approach, I challenge his insistence that these accounts should be treated as ‘conceptually independent’, arguing that this generates an objectionable “justification gap”: on his analysis, someone could remain an appropriate target of our responsibility practices and yet fail to be a morally responsible agent. In closing, I offer a potential solution to this problem, though it means re-visioning how the account of moral responsibility is conceptually tied to the justification of our responsibility practices. (shrink)

Philosophers writing on moral responsibility inherit from P.F. Strawson a particular problem space. On one side, it is shaped by consequentialist accounts of moral criticism on which blame is justified, if at all, by its efficacy in influencing future behavior in socially desirable ways. It is by now a common criticism of such views that they suffer a "wrong kind of reason" problem. When blame is warranted in the proper way, it is natural to suppose this is because the target (...) deserves blame – thus opposing to consequentialist views of blame desert-based views. The latter, however, raise worries that blame is a form of retributive sanction whose justificatory burdens cannot be met. I evaluate T.M. Scanlon's recent attempt to maneuver this space. In doing so, I argue that although Scanlon’s relationship-impairment model of blame has clear advantages over consequentialist and desert-based alternatives, it fails: (1) to adequately appreciate the significance of person-focused emotional attitudes in constituting persons as agents subject to a nexus of normative expectations and demands, and (2) to recognize that a victim may owe nearly nothing *to* a blameworthy agent while nonetheless retaining unconditional moral obligations to act in certain ways (and forego acting in other ways) toward him. (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)

Here are some things that are widely believed about free will and determinism. Free will is prima facie incompatible with determinism. The incompatibility is logical or at least conceptual or a priori. A compatibilist needs to explain how free will can co-exist with determinism, paradigmatically by offering an analysis of ‘free’ action that is demonstrably compatible with determinism. Free will is not impugned by quantum indeterminism, at least not in the same decisive way that it is impugned by determinism. To (...) reconcile free will with quantum indeterminism takes work, but the work comes under the heading of metaphysical business-as-usual; to reconcile free will with determinism requires a conceptual breakthrough.And listen to Laura Waddell Ekstrom on the burden of proof. (shrink)

The conception of responsibility for beliefs typically assumed in the literature mirrors the practices ofaccountabilityfor actions. In this paper, I argue that this trend leaves a part of what it is to be responsible unduly neglected, namely the practices ofattributability.After offering a diagnosis for this neglect, I bring these practices into focus and develop a virtue-theoretic framework to vindicate them. I then investigate the specificity of the belief case and conclude by resisting two challenges, namely that attributability cannot amount to (...) genuine responsibility and that it can be reduced to a sort of accountability. (shrink)

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

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)

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)

Even where an act appears to be responsible, and satisfies all the conditions for responsibility laid down by society, the response to it may be unjust where that appearance is false, and where those conditions are insufficient. This paper argues that those who want to place considerations of responsibility at the centre of distributive and criminal justice ought to take this concern seriously. The common strategy of relying on what Susan Hurley describes as a 'black box of responsibility' has the (...) advantage of not taking responsibility considerations to be irrelevant merely because some specific account of responsibility is mistaken. It can, furthermore, cope perfectly well with an absence of responsibility, even of the global sort implied by hard determinism and other strongly sceptical accounts. Problems for the black box view come in where responsibility is present, but in a form that is curtailed in one significant regard or another. The trick, then, is to open the box of responsibility just enough that its contents can be the basis for judgements of justice. I identify three 'moderately sceptical' forms of compatibilism that cannot ground judgements of justice, and are therefore expunged by the strongest 'grey box' view. (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)

While the term ‘glory’ appears most frequently in religious contexts, it is used to express concepts that are not fundamentally religious in character. Take what we consider to be our very best works of art, our most outstanding films, or our most impressive technological achievements. These are often acclaimed as being magnificent, dazzling, or spectacular. These notions are, if not quite synonymous with glory, close enough to justify the idea that the concept of glory is not far removed from common (...) ways of thinking about the world. For this reason, an analysis of glory promises to help illuminate concepts we commonly employ in thinking about highly valued aspects of our world. Nevertheless, concepts of glory also have a central place in religious thought, and even so little-to-no rigorous philosophical effort has been devoted to investigating concepts of glory in contemporary analytic philosophy of religion. This paper aims to correct that and use the resulting accounts of glory to illuminate difficulties with a recent argument for atheism by Bayne and Nagasawa. (shrink)

I defend an instrumentalist account of moral responsibility and adopt Manuel Vargas’ idea that our responsibility practices are justified by their effects. However, whereas Vargas gives an independent account of morally responsible agency, on my account, responsible agency is defined as the susceptibility to developing and maintaining moral agency through being held responsible. I show that the instrumentalism I propose can avoid some problems more crude forms of instrumentalism encounter by adopting aspects of Strawsonian accounts. I then show the implications (...) for our understanding of responsibility: my account requires us to adopt a graded notion of responsibility and accept the claim that certain individuals may not be responsible because they are not susceptible to being influenced by our moral responsibility practices. Finally, I discuss whether the account is committed to allowing the instrumentalization of non-responsible individuals in cases where blaming them may benefit others’ moral agency. (shrink)

The advent of intelligent artificial systems has sparked a dispute about the question of who is responsible when such a system causes a harmful outcome. This paper champions the idea that this dispute should be approached as a conceptual engineering problem. Towards this claim, the paper first argues that the dispute about the responsibility gap problem is in part a conceptual dispute about the content of responsibility and related concepts. The paper then argues that the way forward is to evaluate (...) the conceptual choices we have, in the light of a systematic understanding of why the concept is important in the first place—in short, the way forward is to engage in conceptual engineering. The paper then illustrates what approaching the responsibility gap problem as a conceptual engineering problem looks like. It outlines argumentative pathways out of the responsibility gap problem and relates these to existing contributions to the dispute. (shrink)

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)

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

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)

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)

This article is concerned with the nature of individual moral failure. This has not been a standard issue for exploration in moral philosophy, where questions surrounding moral success have been more popular: in particular, the questions “What is it to do the moral thing?” and “Why am I supposed to do the moral thing?” I want to change the subject and pursue answers to three importantly related questions about people's failure to be moral. First, I want to explore an issue (...) in moral psychology: why do people behave immorally? I suspect this question has been largely ignored by philosophers because they have thought it a question for psychologists, and one that, at any rate, has an easy surface answer. Isn't it our immorality simply the result of our excessive self-interest? Yet we shall see in what follows that this answer is not nearly good enough, and that philosophers have a lot to contribute in determining what would count as a satisfactory answer. We shall also see that different meta-ethical theories purporting to explain the authority of moral action implicitly assume different and often mutually inconsistent accounts of why we fail to be moral, and our analysis will show that none of these accounts of moral failure is unproblematic. (shrink)

The Mind Argument is an argument for the incompatibility of indeterminism and anyone's having a choice about anything that happens. Peter van Inwagen rejects the Mind Argument not because he is able to point out the flaw in it, but because he accepts both that determinism is incompatible with anyone's having a choice about anything that happens and that it is possible for someone to have a choice about something that happens. In this paper I first diagnose and clear up (...) a confusion in recent discussions of the Mind Argument and then go on to show why it is a bad argument. (shrink)

This short review examines the work of four Canadian scholars addressing a variety of questions about criminal responsibility. The essays under review are a small part of a recent collection of essays entitled “Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law.”.

In this paper I seek to defend libertarianism about free will and moral responsibility against two well-known arguments: the luck argument and the Mind argument. Both of these arguments purport to show that indeterminism is incompatible with the degree of control necessary for free will and moral responsibility. I begin the discussion by elaborating these arguments, clarifying important features of my preferred version of libertarianism—features that will be central to an adequate response to the arguments—and showing why a strategy of (...) reconciliation (often referred to as “deliberative libertarianism”) will not work. I then consider four formulations of the luck argument and find them all wanting. This discussion will place us in a favorable position to understand why the Mind argument also fails. (shrink)

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)

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)