Spite is typically considered a vicious emotion that causes us to engage in petty, vindictive, and sometimes self-destructive behavior. Even though it has this bad reputation, I will argue that spite is a reactive attitude. Spite is emotional defiance of another’s command: to spite you, I will do something exactly because you told me not to. Our liability to feelings of spite presupposes that we recognize others as having practical authority, which is why it qualifies as a reactive attitude. I (...) conclude by offering conditions under which spite can be justified and unjustified. (shrink)

The use of child soldiers in armed conflict is an increasing global concern. Although philosophers have examined whether child soldiers can be considered combatants in war, much less attention has been paid to their moral responsibility. While it is tempting to think of them as having diminished or limited responsibility, child soldiers often report feeling guilt for the wrongs they commit. Here I argue that their feelings of guilt are both intelligible and morally appropriate. The feelings of guilt that child (...) soldiers experience are not self-censure; rather their guilt arises from their attempts to come to terms with what they see as their own morally ambiguous motives. Their guilt is appropriate because it reaffirms their commitment to morality and facilitates their self-forgiveness. (shrink)

A classic, though basically neglected question about motivation arises when we attempt to account for blame’s nature—namely, does the recognition central to blame need help from an independent desire in order to motivate the blame-characteristic dispositions that arise in the blamer? Those who have attended to the question think the answer is yes. Hence, they adopt what I call a Humean Construal of blame on which blame is (a) a judgment that an individual S is blameworthy and (b) an independent (...) desire about S not doing as they did or being as they are. This paper rejects arguments for the Humean Construal, illustrates deep failings of that view, and uses these considerations to support anti-Humean accounts of blame in particular and moral motivation more broadly. (shrink)

Contemporary political philosophers often take for granted that for political purposes all humans are to be considered of equal worth. The difficulty, as Bernard Williams observed, is to find an interpretation of this claim that does not collapse into absurdity or triviality. I show that the principal attempts to solve this problem all beg the question against an Aristotelian proponent of natural hierarchy. I then explore existing proposals for dissolving the problem of basic equality, whether by denying the need for (...) justification altogether or by reframing justification in either ostensive or coherentist fashion, showing that each fails to account for our sense that basic equality is objectively true. In response, I outline a Hegelian approach that treats the commitment to basic equality as a social fact that constrains philosophical reasoning in contemporary liberal democracies. By itself that might suggest complacent conservatism or cultural relativism, but I argue that practices and institutions that reflect and foster a commitment to basic equality have a distinct value in permitting reciprocal recognition and thereby enabling us to make a distinct class of normative claims on one another. This Hegelian resolution of the problem is dialectically superior to its rivals and therefore warrants further development. (shrink)

Nurses and other medical practitioners often experience moral distress: they feel an anguished sense of responsibility for what they take to be their own moral failures, even when those failures were unavoidable. However, in such cases other people do not tend to think it is right to hold them responsible. This is an interesting mismatch of reactions. It might seem that the mismatch should be remedied by assuring the practitioner that they are not responsible, but I argue that this denies (...) something important that the phenomenon of moral distress tells us. In fact, both the practitioners’ tendencies to hold themselves responsible and other people’s reluctance to hold the practitioners responsible get something right. The practitioners may be right that they are responsible in the sense of having failed to meet a binding moral requirement, even when the requirement was impossible to meet. This makes moral distress a fitting response because it correctly represents their own action as a wrongdoing. However, others may meanwhile be right that the practitioners are not responsible in the sense of being culpable and blameworthy. To blame others, or oneself, for certain failures, including those that are unavoidable, would be unfair. My claim depends on distinguishing between the fittingness and the fairness of holding someone (including oneself) responsible for moral failure. Having drawn the distinction, I suggest that moral distress should be addressed in a way that both recognizes it as a fitting response and avoids the unfairness of blame. (shrink)

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

Midwest Studies In Philosophy, EarlyView.

Gerald Gaus’s The Order of Public Reason: A Theory of Freedom and Morality in a Diverse and Bounded World is refreshingly ambitious. It seems to me that our field today is a little too eager to “[stay] on the surface, philosophically speaking” (Rawls 1999, p. 395; cf. 2005, p. 10). However, the scope of Gaus’s ambition complicates the critic’s task. When a philosophical work aims to present something as grand as a “theory of freedom and morality,” it seems plausible to (...) think that the appropriate unit of analysis is the whole rather than any of its elements. This is especially so in the case of a book like Gaus’s, where the author’s philosophical acumen is well-matched to its objectives. Despite Gaus’s claims to be a fox (xiv),Numbers in parentheses without further citation information refer to Gaus’s The Order of Public Reason.The Order of Public Reason is a hedgehoggy work.A full-on assessment of Gaus’s book hence lies well beyond the scope of a single essay. My aims are consequently. (shrink)

I argue that wrongdoers may be open to moral blame even if they lacked the capacity to respond to the moral considerations that counted against their behavior. My initial argument turns on the suggestion that even an agent who cannot respond to specific moral considerations may still guide her behavior by her judgments about reasons. I argue that this explanation of a wrongdoer’s behavior can qualify her for blame even if her capacity for moral understanding is impaired. A second argument (...) is based on the observation that even when a blameworthy wrongdoer could have responded to moral considerations, this is often not relevant to her blameworthiness. Finally, I argue against the view that because blame communicates moral demands, only agents who can be reached by such communication are properly blamed. I contend that a person victimized by a wrongdoer with an impaired capacity for moral understanding may protest her victimization in a way that counts as a form of moral blame even though it does not primarily express a moral demand or attempt to initiate moral dialogue. (shrink)

Those who advocate a “historicist” outlook on moral responsibility often hold that people who unwillingly acquire corrupt dispositions are not blameworthy for the wrong actions that issue from these dispositions; this contention is frequently supported by thought experiments involving instances of forced psychological manipulation that seem to call responsibility into question. I argue against this historicist perspective and in favor of the conclusion that the process by which a person acquires values and dispositions is largely irrelevant to moral responsibility. While (...) the thought experiments introduced by historicists raise perplexing questions about personal identity and involve clear instances of moral wrongs done to the manipulated subjects, neither of these considerations bear on the question of moral responsibility. Rather, questions about moral responsibility in manipulation cases should be answered, I argue, by considering whether a manipulated agent is capable of expressing through her actions the objectionable attitudes that make blame appropriate in normal cases of wrongdoing. (shrink)

Sentimentalists believe that values are crucially dependent on emotions. Epistemic sentimentalists subscribe to what I call the final-court-of-appeal view: emotional experience is ultimately necessary and can be sufficient for the justification of evaluative beliefs. This paper rejects this view defending a moderate version of rationalism that steers clear of the excesses of both “Stoic” rationalism and epistemic sentimentalism. We should grant that emotions play a significant epistemic role in justifying evaluations. At the same time, evaluative justification is not uniquely or (...) especially dependent on emotions. The anti-sentimentalist argument developed in this paper is based on the indeterminacy thesis. The thesis states that the evaluative properties picked out by our emotional responses are too indeterminate to play a central role in our evaluative practices. I argue that while the indeterminacy thesis undermines the final-court-of-appeal view it supports the claim that emotional responses can provide prima facie justification for evaluative beliefs. (shrink)

IntroductionIt is clear that forgiveness is closely related to emotions. Bishop Butler’s “forswearing of resentment” is still the definition most philosophical works on the subject take as their point of departure. Some others disagree but usually only insofar as they focus on another reactive emotion – e.g., moral hatred, disappointment, anger – which we overcome when we forgive.More specifically, according to Roberts the emotion we overcome in forgiveness is anger, see Robert C. Roberts, “Forgivingness,” American Philosophical Quarterly 32 (1995): 289–306. (...) According to Richards, forgiveness involves overcoming a whole range of negative emotions including sadness, disappointment, frustration as well as resentment; see Norvin Richards, “Forgiveness,” Ethics 99 (1988): 77–97. According to Sher, forgiveness involves overcoming blame; see George Sher, In Praise of Blame (Oxford: Oxford University Press, 2006).There is something striking about the negativity of this approach. Forgiveness i. (shrink)

Peter Strawson defends the thesis that determinism is irrelevant to the justifiability of responsibility-attributions. In this paper, I want to examine various arguments advanced by Strawson in support of this thesis. These arguments all draw on the thought that the practice of responsibility is inescapable. My main focus is not so much the metaphysical details of Strawsonian compatibilism, but rather the more fundamental idea that x being inescapable may be reason for us to regard x as justified. I divide Strawsonian (...) inescapability arguments into two basic types. According to arguments of the first type we cannot give up the practice. According to arguments of the second type we should not give up the practice. My reasons for revisiting these Strawsonian inescapability arguments are, first, to establish that these are different and to some extent conflicting arguments. Second, I hope to show that none of Strawson’s inescapability arguments are convincing. Third, I discuss the possibility that the practice of responsibility is inescapable in a different, more pessimistic sense than envisaged by Strawson. What may be inescapable under conceivable scenarios is the conflict of theoretical and practical considerations in the justification of the practice. (shrink)

It is sometimes said that certain hard moral choices constitute tragic moral dilemmas in which no available course of action is justifiable, and so the agent is blameworthy whatever she chooses. This paper criticizes a certain approach to the debate about moral dilemmas and considers the metaethical implications of the criticisms. The approach in question has been taken by many advocates as well as opponents of moral dilemmas who believe that analysing the emotional response of the agent is the key (...) to the debate about moral dilemmas. The metaethical position this approach is most naturally associated with is sentimentalism. Sentimentalists claim that evaluation, and in particular moral evaluation, crucially depends on human sentiment. This paper is not concerned with the question whether moral dilemmas exist, but rather with emotion-based arguments used on both sides of the debate. The first aim of the paper is to show that emotion-based arguments by friends or foes of moral dilemmas cannot garner support from sentimentalism. The second aim is to show that this constitutes a serious problem for sentimentalism. (shrink)

We are surrounded by threats of environmental harm whose actual dangers to public health are scientifically unverified. It is widely presumed that under conditions of uncertainty, when it is not possible to foresee the outcomes of our actions, or to calculate the probability they will actually cause harm, we cannot be held culpable for the risks and harms our actions impose on others. It is commonly presumed, that is, that exposing others to what this paper terms ‘uncertain threats’ is permissible, (...) because conventional theories of moral responsibility understand uncertainty as implying that the effects of our actions are out of our control and, therefore, beyond our fault. In contrast, in rejecting arguments from moral luck, this paper denies that authors of uncertain threats of environmental harm are excusably ignorant, and denies that prevailing uncertainty diminishes their moral obligations or attenuates their culpability. For under conditions of uncertainty, culpability turns on the lack of due regard for others as moral equals – a consideration that neither luck nor ignorance excuses. To expose others to unconsented-to uncertain threats of harm without exercising due care to prevent possible injury is to wrongfully gamble with their welfare and their capacity for self-authorship. (shrink)

In the face of longstanding philosophical debates on the nature of hatred and an ever-growing interest in the underlying social-psychological function of group-directed or genocidal hatred, the peculiar affective intentionality of hatred is still very little understood. By drawing on resources from classical phenomenology, recent social-scientific research and analytic philosophy of emotions, I shall argue that the affective intentionality of hatred is distinctive in three interrelated ways: it has an overgeneralizing, indeterminate affective focus, which typically leads to a form of (...) collectivization of the target; short of a determinate affective focus, haters derive the indeed extreme affective powers of the attitude not in reaction to any specific features or actions of the targets or from some phenomenological properties of the attitude but, rather, from the commitment to the attitude itself; finally, in sharing this commitment to hate with others, hatred involves a certain negative social dialectics, robustly reinforces itself and becomes entrenched as a shared habitus. (shrink)

In the face of longstanding philosophical debates on the nature of hatred and an ever-growing interest in the underlying social-psychological function of group-directed or genocidal hatred, the peculiar affective intentionality of hatred is still very little understood. By drawing on resources from classical phenomenology, recent social-scientific research and analytic philosophy of emotions, I shall argue that the affective intentionality of hatred is distinctive in three interrelated ways: it has an overgeneralizing, indeterminate affective focus, which typically leads to a form of (...) collectivization of the target; short of a determinate affective focus, haters derive the indeed extreme affective powers of the attitude not in reaction to any specific features or actions of the targets or from some phenomenological properties of the attitude but, rather, from the commitment to the attitude itself; finally, in sharing this commitment to hate with others, hatred involves a certain negative social dialectics, robustly reinforces itself and becomes entrenched as a shared habitus. (shrink)

In The Limits of Blame, Erin Kelly argues that we should purge our thinking about criminal justice of notions of moral desert and blameworthiness. Her targets are retributivist theories of punishme...

This article focuses on a psychological phenomenon discussed by the early Confucian: yuan 怨, which is often translated as “resentment”, “grievance”, “lament”, or “complaint”. I attempt to use the early Confucian discussions of yuan to shed light on an aspect of human psychology, namely, when one laments about certain conditions that obtain in such a way that she sees as beyond her control and negatively affects her. This is an unusual reactive attitude because one who has yuan takes the “passive (...) stance.” This paper has four main sections: the first section makes textual observations of “yuan” in the early Confucian texts; the second section proposes a Confucian-inspired account of yuan and highlights the psychological state in which one who has yuan sees oneself as object; the third section discusses the problematic dimensions of yuan; the final section discusses the negative implications of the passive stance with respect to contemporary concerns: vulnerability, moral repair, and self-respect. (shrink)

In this article, I look at some discussions of praising children in contemporary parenting advice. In exploring what is problematic about these discussions, I turn to some philosophical work on moral praise and blame which, I argue, indicates the need for a more nuanced response to questions about the significance of praise. A further analysis of the moral aspects of praise suggests a significant dimension of the parent-child relationship that is missing from, and obscured by, the kind of parenting advice (...) exemplified by the discussions of praise with which I began. (shrink)

Stephen Darwall and R. Jay Wallace have independently argued that morality is essentially interpersonal by appealing to necessary connections between morality and responsibility. According to Darwall, morality is grounded in fundamentally second-personal accountability relations. On Wallace's view, a normative moral theory must say that agents’ attitudes towards the moral properties of their actions are reasons for responsibility reactions, which only relational moral theories can do. If either argument succeeds, non-relational moral theories are flawed. I demonstrate that neither argument succeeds. First, (...) I show that grounding morality in accountability relations is implausible. I then argue that the necessary connections that Wallace posits between responsibility and morality exist but need not be explained by moral theories. Finally, drawing on the objections to Darwall and Wallace, I show that, plausibly, no necessary connection between morality and responsibility exists that would rule out any non-relational moral theory. Hence, Darwall and Wallace's strategy does not work. (shrink)

A central issue in practical philosophy concerns the relation between moral blameworthiness and normative reasons. As there has been little of direct exchange between the debate on reasons and the debate on blameworthiness, this topic has not received the attention it deserves. In this paper, I consider two notions about blameworthiness and reasons that are fundamental in respective field. The two notions might seem incontrovertible when considered individually, but I argue that they together entail claims that are highly contentious. In (...) particular, I maintain that they entail unreasonable and contradictory claims since the practices of moral blame and rational criticism diverge with regard to three dimensions: justification, response, and function. Thus, we need to give up one of the principal notions. The solutions to this puzzle suggest that the connection between reasons and rationality is weaker than standardly presumed in metaethics. (shrink)

I guess I wont send that note now, for the mind is such a new place, last night feels obsolete.

I guess I wont send that note now, for the mind is such a new place, last night feels obsolete.

I guess I wont send that note now, for the mind is such a new place, last night feels obsolete.

I argue that divine forgiveness is God’s openness to reconciliation with us, the wrongdoers, with respect to our wrongdoing. The main advantage of this view is that it explains the power of divine forgiveness to reconcile us to God when we repent. As I show, this view also fits well with the parable of the prodigal son, which is commonly taken to illustrate divine forgiveness, and it accounts for the close connection between divine forgiveness and Christ’s atonement. Finally, I demonstrate (...) that this view is particularly well-suited, although not committed, to the idea that God forgives us without our repentance. (shrink)

This article begins with some brief reflexions on the definition of determinism (II), on the notion of the subject of experience (III), and on the relation between conscious experience and brain events (IV). The main discussion (V?XIII) focuses on the traditional view, endorsed by Honderich in his book A Theory of Determinism, that the truth of determinism poses some special threat to our ordinary conception of ourselves as morally responsible free agents (and also to our ?life?hopes'). It is argued that (...) this is half right: the truth of determinism does indeed threaten certain vital parts of our ordinary conception of ourselves as morally responsible free agents. The trouble is that the falsity of determinism does not diminish the threat in any useful way. The old, natural, and recurrent mistake is to think that we would really be better off, so far as free will and moral responsibility (and our ?life?hopes') were concerned, if determinism were false. It is argued that there is no important sense in which this is true, and that the question of whether determinism is true or false is therefore of no real importance, so far as the free will debate is concerned. (shrink)

As object-directed emotions, reactive attitudes can be appropriate in the sense of fitting, where an emotion is fitting in virtue of accurately representing its target. I use this idea to argue for a theory of moral accountability: an agent S is accountable for an action A if and only if A expresses S’s quality of will and S has the capacity to recognize and respond to moral reasons. For the sake of argument, I assume that a reactive attitude is fitting (...) if and only if its constituent thoughts are true, and I argue for the above theory by determining thoughts partly constituting resentment and gratitude. Although others have argued that the capacity to recognize and respond to moral reasons is necessary for accountability, the argument here is significantly better in two respects. First, it does not rely on intermediary ethical principles, supplementary arguments, or assumptions about the nature of reactive attitudes specifically. Instead, it simply assumes that reactive attitudes, like all emotions, have cognitive content. Second, the argument here is more powerful because it brings to light the quality of will condition and has the resources to flesh out the capacity to recognize and respond to moral reasons. (shrink)

What someone’s behaviour must be like if we are to be aware of their emotions in it Content Type Journal Article Pages 1-14 DOI 10.1007/s11097-011-9224-0 Authors Rowland Stout, School of Philosophy, UCD Dublin, Dublin 4, Republic of Ireland Journal Phenomenology and the Cognitive Sciences Online ISSN 1572-8676 Print ISSN 1568-7759.

Despite growing appreciation in recent decades of the importance of shared intentional mental states as a foundation for everything from divergences in primate evolution, to the institution of communal norms, to trends in the development of modernity as a socio-political phenomenon, we lack an adequate understanding of the relationship between individual and shared intentionality. At the same time, it is widely appreciated that deontic reasoning concerning what ought, may, and ought not be done is, like reasoning about our intentions, an (...) exercise of practical rationality. Taking advantage of this fact, I use a plan-theoretic semantics for the deontic modalities as a basis for understanding individual and shared intentions. This results in a view that accords well with what we currently have reason to believe about the phylogenetic and ontogenetic development of norm psychology and shared intentionality in human beings, and where original intentionality can be understood in terms of the shared intentionality of a community. (shrink)

Does a woman's being repeatedly battered by her husband excuse her killing him while he was asleep? This and similar questions are often dealt with by asking a more general question, “Should we accept abuse excuses? ” These questions engender a lot of heat, but little light, in the media and other public forums, and even in the writings of many theorists. They have been discussed as if there is a typical abuse excuse we can examine in order to examine (...) abuse excuses in general. Similarly, the question of whether we should accept abuse excuses has often been discussed as if it is simple and straightforward. But there is no one typical abuse excuse, and the question of whether to accept such excuses is neither simple nor straightforward. There are many different abuse excuses, many different circumstances in which they are deployed, and many different sorts of concerns motivating their use. In this, abuse excuses are just like other, well-accepted excuses, such as self-defense. (shrink)

In this paper, I present a challenge for Michael McKenna’s conversational theory of moral responsibility. On his view, to be a responsible agent is to be able to engage in a type of moral conversation. I argue that individuals with autism spectrum disorder present a considerable problem for the conversational theory because empirical evidence on the disorder seems to suggest that there are individuals in the world who meet all of the conditions for responsible agency that the theory lays out (...) but who are nevertheless not responsible agents. Attending to the moral psychology of such individuals will, I think, help shed light on an important gap in the conversational theory. (shrink)

In recent years there has been an explosion of philosophical work on blame. Much of this work has focused on explicating the nature of blame or on examining the norms that govern it, and the primary motivation for theorizing about blame seems to derive from blame’s tight connection to responsibility. However, very little philosophical attention has been given to praise and its attendant practices. In this paper, I identify three possible explanations for this lack of attention. My goal is to (...) show that each of these lines of thought is mistaken and to argue that praise is deserving of careful, independent analysis by philosophers interested in theorizing about responsibility. (shrink)

Tugendhat’s remarks on religion and mysticism are explored in section 5 and 6 of this paper. To this end I outline, in section 1, the role that the criticism of religion has played from its beginnings in philosophy’s self-understanding and its focus on reasoning, which philosophers opposed to the non-reasoning justification of religion. In section 2, I consider philosophy’s relation to empirical statements and to the empirical sciences; in section 3, I discuss Tugendhat’s substitution of anthropology for metaphysics; and in (...) section 4, his moral theory. (shrink)

In IVP50S, Spinoza claims that “one who is moved to aid others neither by reason nor by pity is rightly called inhuman. For (by IIIP27) he seems to be unlike a man” (IVP50S). At first blush, the claim seems implausible, as it relies on the dubious assumption that beings will necessarily imitate the affects of conspecifics. In the first two sections of this paper, I explain why Spinoza accepts this thesis and show how this claim can be made compatible with (...) his account of representation. In the third and final section I offer an auxiliary defense of the thesis, showing that, according to Spinoza, to be human is to sociable, and sociability depends on the imitation of the affects. (shrink)

Joseph Raz’s much discussed service conception of practical authority has recently come under attack from Stephen Darwall, who proposes that we instead adopt a second- personal conception of practical authority.1 We believe that the best place to start understanding practical authority is with a pared back conception of it, as simply a species of normative authority more generally, where this species is picked out merely by the fact that the normative authority in question is authority in relation to action, rather (...) than belief. We do not wish to deny that there might be properties of practical authority (as distinct from the species of authority that is concerned with belief) that are peculiar to it, but, unlike both Raz and Darwall, we do not believe that such features play a role in defining or delimiting practical authority. (shrink)

According to Dewey, we are responsible for our conduct because it is “ourselves objectified in action”. This idea lies at the heart of an increasingly influential deep self approach to moral responsibility. Existing formulations of deep self views have two major problems: They are often underspecified, and they tend to understand the nature of the deep self in excessively rationalistic terms. Here I propose a new deep self theory of moral responsibility called the Self-Expression account that addresses these issues. The (...) account is composed of two parts. The first part answers the question, What is a deep self? Theorists have tended to favor cognitive views that understand the deep self in terms of rationally formed evaluative judgment. I propose instead a conative view that says one’s deep self consists of a distinctive kind of pro-attitude, cares, and I provide an account of cares in terms of their distinctive psychological functional role. The second part answers the question, When does an action express one’s deep self? I criticize the agentially demanding conditions set out in existing views and propose a more minimalist alternative. I show that the Self-Expression account handles issues that bedeviled traditional deep self views, including how to explain moral responsibility for spontaneous, out of character, and weak-willed actions. (shrink)

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

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

In this paper I am specifically concerned with a normative assessment, from the perspective of a principled criminal law theory, of norms criminalizing illegal immigration. The overarching question I will dwell on is one specifically regarding the way of using criminal law which is implied in the enactment of such kinds of norms. My thesis will essentially be that it constitutes a veritable abuse of criminal law. In two senses at least: first, in the sense that by criminalizing illegal immigration (...) criminal law puts a ban on (certain categories of) persons, rather than on their actions/omissions, in a way in which a principled criminal law should not do; and—second—in the sense that the criminalization of illegal immigrants represents a perversion of the criminal law, being a case in which criminal norms are (unjustifiably) used as means to attain extrapenal aims. (shrink)

In this article I want to explore some questions that arise from the work of Stanley Cavell. My purpose is to examine lines of connections between Cavell's readings of Wittgenstein (specifically his notions of 'criteria', 'aspect blindness' and 'primitive reaction', with special reference to the philosophical problem of 'other minds') and Shakespeare, on the one side, and a certain dimension of the ethical, on the other. Although Cavell has rarely offered explicit remarks on the issue of morality, and is normally (...) not considered a moral philosopher, it is my contention that it is possible to elicit what we could call an implied ethics from his philosophical view. This ethical outlook is not to be confused with a theory, but is rather a turn or bent that emerges especially by understanding the place of acknowledgment and ethical responsiveness in our practical life. Key Words: acknowledgment • Cavell • ethics • skepticism • Wittgenstein. (shrink)

Using automated systems to avoid the need for human discretion in government contexts – a scenario we call ‘rule by automation’ – can help us achieve the ideal of a free and equal society. Drawing on relational theories of freedom and equality, we explain how rule by automation is a more complete realization of the rule of law and why thinkers in these traditions have strong reasons to support it. Relational theories are based on the absence of human domination and (...) hierarchy, which automation helps us achieve. Nevertheless, there is another understanding of relational theories where what matters is the presence of valuable relationships with those in power. Exploring this further might help us see when and why we should accept human discretion. (shrink)

Many theoretical claims about the folk concept of moral responsibility coming from the current literature are indeterminate because researchers do not clearly specify the folk concept of moral responsibility in question. The article pursues a cognitive approach to folk concepts that pays special attention to this indeterminacy problem. After addressing the problem, the article provides evidence on folk attributions of moral responsibility in the case a failed attempt to kill that goes against a specific claim coming from the current literature (...) - that the dimension of causation is part of the structure of the folk concept of moral responsibility. (shrink)

I aim to alleviate the pessimism with which some philosophers regard the 'objective attitude', thereby removing a particular obstacle which P.F. Strawson and others have placed in the way of more widespread scepticism about moral responsibility. First, I describe what I consider the objective attitude to be, and then address concerns about this raised by Susan Wolf. Next, I argue that aspects of certain attitudes commonly thought to be opposed to the objective attitude are in fact compatible with it. Finally, (...) I examine the prospects of someone who wishes to adopt the objective attitude permanently. In response to philosophers who claim that this would be psychologically impossible, I argue that our commitment to attitudes that presuppose moral responsibility can soften and fade, often without our noticing it. (shrink)