Negligence is a problematic basis for being morally blamed and punished for having caused some harm, because in such cases there is no choice to cause or allow—or risk causing or allowing—such harm to occur. The standard theories as to why inadvertent risk creation can be blameworthy despite the lack of culpable choice are that in such cases there is blame for: (1) an unexercised capacity to have adverted to the risk; (2) a defect in character explaining why one did (...) not advert to the risk; (3) culpably acquiring or failing to rid oneself of these defects of character at some earlier time; (4) flawed use of those practical reasoning capacities that make one the person one is; or (5) chosen violation of per se rules about known precautions. Although each of these five theories can justify blame in some cases of negligence, none can justify blame in all cases intuitively thought to be cases of negligence, nor can any of these five theories show why inadvertent creation of an unreasonable risk, pure and simple, can be blameworthy. (shrink)

Negligence is a problematic basis for being morally blamed and punished for having caused some harm, because in such cases there is no choice to cause or allow—or risk causing or allowing—such harm to occur. The standard theories as to why inadvertent risk creation can be blameworthy despite the lack of culpable choice are that in such cases there is blame for: (1) an unexercised capacity to have adverted to the risk; (2) a defect in character explaining why one did (...) not advert to the risk; (3) culpably acquiring or failing to rid oneself of these defects of character at some earlier time; (4) flawed use of those practical reasoning capacities that make one the person one is; or (5) chosen violation of per se rules about known precautions. Although each of these five theories can justify blame in some cases of negligence, none can justify blame in all cases intuitively thought to be cases of negligence, nor can any of these five theories show why inadvertent creation of an unreasonable risk, pure and simple, can be blameworthy. (shrink)

One well-known incompatibilist response to Frankfurt-style counterexamples is the ‘flicker-of-freedom strategy’. The flicker strategy claims that even in a Frankfurt-style counterexample, there are still morally relevant alternative possibilities. In the present paper, I differentiate between two distinct understandings of the flicker strategy, as the failure to differentiate these two versions has led some philosophers to argue at cross-purposes. I also explore the respective dialectic roles that the two versions of the flicker strategy play in the debate between compatibilists and incompatibilists. (...) Building on this discussion, I then suggest a reason why the compatibilism/incompatibilism debate has reached a stalemate. (shrink)

A proper understanding of agentive modals promises to clarify issues to do with free will, know how, and other philosophically interesting topics. In this paper I identify one constraint on, and one structural feature of, trying-based versions of the conditional analysis of the agentive modals. I suggest that the constraint and structural feature together provide a novel account of why the famous Lehrer-Chisholm objection to conditional analyses of ability modals is so powerful. I argue that Mandelkern et al.’s ‘Agentive Modals’ (...) (Philosophical Review,126/3, 301–343, 2017) conditional analysis of the agentive modals fails to avoid this problem. I also identify two further problems for their account. I close by summarising a number of criteria which any successful semantic analysis of the agentive modals should satisfy. (shrink)