Trust is a kind of risky reliance on another person. Social scientists have offered two basic accounts of trust: predictive expectation accounts and staking (betting) accounts. Predictive expectation accounts identify trust with a judgment that performance is likely. Staking accounts identify trust with a judgment that reliance on the person’s performance is worthwhile. I argue (1) that these two views of trust are different, (2) that the staking account is preferable to the predictive expectation account on grounds of intuitive adequacy (...) and coherence with plausible explanations of action; and (3) that there are counterexamples to both accounts. I then set forward an additional necessary condition on trust, according to which trust implies a moral expectation. The content of the moral expectation is this: W hen A trusts B to do x, A ascribes an obligation to B to do x, and holds B to this obligation. This moral expectation account throws new light on some of the consequences of misplaced trust. I use the example of physicians’ defensive behavior to illustrate this final point. (shrink)

This paper defends the view that trust is a moral attitude, by putting forward the Obligation-Ascription Thesis: If E trusts F to do X, this implies that E ascribes an obligation to F to do X. I explicate the idea of obligation-ascription in terms of requirement and the appropriateness of blame. Then, drawing a distinction between attitude and ground, I argue that this account of the attitude of trust is compatible with the possibility of amoral trust, that is, trust held (...) among amoral persons on the basis of amoral grounds. It is also compatible with trust adopted on purely predictive grounds. Then, defending the thesis against a challenge of motivational inefficacy, I argue that obligation-ascription can motivate people to act even in the absence of definite, mutually-known agreements. I end by explaining, briefly, the advantages of this sort of moral account of trust over a view based on reactive attitudes such as resentment. (shrink)

Some recent accounts of testimonial warrant base it on trust, and claim that doing so helps explain asymmetries between the intended recipient of testimony and other non-intended hearers, e.g. differences in their entitlement to challenge the speaker or to rebuke the speaker for lying. In this explanation ‘dependence-responsiveness’ is invoked as an essential feature of trust: the trustor believes the trustee to be motivationally responsive to the fact that the trustor is relying on the trustee. I argue that dependence-responsiveness is (...) not essential to trust and that the asymmetries, where genuine, can be better explained without reference to trust. (shrink)

This paper considers the interpretive significance of the intersecting relationships between different conceptions of responsibility as they shift over space and time. The paper falls into two main sections. The first gives an account of several conceptions of responsibility: two conceptions founded in ideas of capacity; two founded in ideas of character, and one founded in the relationship between an agent and the outcome which she causes. The second main section uses this differentiated conceptual account to analyse and interpret certain (...) aspects of the contemporary criminal law of England and Wales. In conclusion, the paper considers a number of hypotheses about what the evidence of certain shifts in the relationship between the three families of responsibility-conception can tell us about the current state and significance of criminal law among other systems of social governance. (shrink)

Although philosophers sympathetic to Peter Strawson's view in “Freedom and Resentment” tend to be compatibilists, they need not be. This paper develops a recent suggestion that Strawson's view can be read as consistent with libertarianism by showing that an important distinction Strawson makes between personal and moral reactive attitudes leaves room to be a Strawsonian compatibilist with respect to personal responsibility and a Strawsonian incompatibilist with respect to moral responsibility. Understanding this possibility reveals a potential gap within Strawson's argument that (...) should be of interest to both Strawsonians and their critics. (shrink)

This article takes the 2008–2010 financial crisis as a case study to explore the tension between responsibility and accountability in complex crises. I analyze the patterns of attribution and assumption of responsibility of thirty-three bankers in Wall Street, interviewed from fall 2008 to summer 2010. First, I show that responsibility for complex failures cannot be easily attributed or assumed: responsibility becomes diluted within the collective. Actors can only assume collective responsibility, recognizing that they belong to an institution at fault. Second, (...) I show that blaming is a social process that should be examined contextually, relationally, and dynamically. I build on sociological theories to depart from the normative focus of philosophers, and the cognitive focus of psychologists, who have dominated the study of responsibility so far. (shrink)

An empirical study of people's intuitions about freedom of the will. We show that people tend to have compatiblist intuitions when they think about the problem in a more concrete, emotional way but that they tend to have incompatiblist intuitions when they think about the problem in a more abstract, cognitive way.

From the first time I encountered the problem of free will in college, it struck me that a clear-eyed view of free will and moral responsibility demanded some form of nihilism. Libertarianism seemed delusional, and compatibilism seemed in bad faith. Hence I threw my lot in with philosophers like Paul d’Holbach, Galen Strawson, and Derk Pereboom who conclude that no one is truly moral responsible. But after two decades of self- identifying as a nihilist, it occurred to me that I (...) had continued to treat my friends. (shrink)

I believe that the data is both fascinating and instructive, but in this paper I will resist the conclusion that we must give up Invariantism, or, as I prefer to call it, Unificationism. In the process of examining the challenging data and responding to it, I will try to draw some larger lessons about how to use the kind of data being collected. First, I will provide a brief description of some influential theories of responsibility, and then explain the threat (...) to them from the experimental results. Finally, I will set out my general approach to the data, as well as some specific suggestions about how to think about each set of experiments. I will conclude that philosophers searching for a unified theory need not give up, but that at the same time they can learn a great deal from the new data. (shrink)

Responsibility, blameworthiness in particular, has been characterized in a number of ways in a literature in which participants appear to be talking about the same thing much of the time. More specifically, blameworthiness has been characterized in terms of what sorts of responses are fair, appropriate, and deserved in a basic way, where the responses in question range over blame, sanctions, alterations to interpersonal relationships, and the reactive attitudes, such as resentment and indignation. In this paper, I explore the relationships (...) between three particular theses: (i) the claim that one is blameworthy to the extent that it is fair to impose sanctions, (ii) the claim that one is blameworthy to the extent that one deserves sanctions, and (iii) the claim that one is blameworthy to the extent that it is appropriate to respond with reactive attitudes. Appealing to the way in which luck in the outcome of an action can justifiably affect the degree of sanctions received, I argue that (i) is false and that fairness and desert come apart. I then argue that the relationship between the reactive attitudes and sanction is not as straightforward as has sometimes been assumed, but that (ii) and (iii) might both be true and closely linked. I conclude by exploring various claims about desert, including ones that link it to the intrinsic goodness of receiving what is deserved and to the permissibility or rightness of inflicting suffering. (shrink)

In everyday life, we assume that there are degrees of blameworthiness and praiseworthiness. Yet the debate about the nature of moral responsibility often focuses on the “yes or no” question of whether indeterminism is required for moral responsibility, while questions about what accounts for more or less blameworthiness or praiseworthiness are underexplored. In this paper, I defend the idea that degrees of blameworthiness and praiseworthiness can depend in part on degrees of difficulty and degrees of sacrifice required for performing the (...) action in question. Then I turn to the question of how existing accounts of the nature of moral responsibility might be seen to accommodate these facts. In each case of prominent compatibilist and incompatibilist accounts that I consider, I argue that supplementation with added dimensions is required in order to account for facts about degrees of blameworthiness and praiseworthiness. For example, I argue that the reasons-responsiveness view of Fischer and Ravizza requires supplementation that takes us beyond even fine-grained measures of degrees of reasons-responsiveness in order to capture facts about degrees of difficulty to extend the reasons-responsiveness view by appealing to such measures). I conclude by showing that once we recognize the need for these additional parameters, we will be in a position to explain away at least some of the appeal of incompatibilist accounts of moral responsibility. (shrink)

When we see an object, we also represent those parts of it that are not visible. The question is how we represent them: this is the problem of amodal perception. I will consider three possible accounts: (a) we see them, (b) we have non-perceptual beliefs about them and (c) we have immediate perceptual access to them, and point out that all of these views face both empirical and conceptual objections. I suggest and defend a fourth account, according to which we (...) represent the occluded parts of perceived objects by means of mental imagery. This conclusion could be thought of as a (weak) version of the Strawsonian dictum, according to which “imagination is a necessary ingredient of perception itself”. (shrink)

In this paper, we present the results of the construction and validation of a new psychometric tool for measuring beliefs about free will and related concepts: The Free Will Inventory (FWI). In its final form, FWI is a 29-item instrument with two parts. Part 1 consists of three 5-item subscales designed to measure strength of belief in free will, determinism, and dualism. Part 2 consists of a series of fourteen statements designed to further explore the complex network of people’s associated (...) beliefs and attitudes about free will, determinism, choice, the soul, predictability, responsibility, and punishment. Having presented the construction and validation of FWI, we discuss several ways that it could be used in future research, highlight some as yet unanswered questions that are ripe for interdisciplinary investigation, and encourage researchers to join us in our efforts to answer these questions. (shrink)

Philosophers working in the nascent field of ‘experimental philosophy’ have begun using methods borrowed from psychology to collect data about folk intuitions concerning debates ranging from action theory to ethics to epistemology. In this paper we present the results of our attempts to apply this approach to the free will debate, in which philosophers on opposing sides claim that their view best accounts for and accords with folk intuitions. After discussing the motivation for such research, we describe our methodology of (...) surveying people’s prephilosophical judgments about the freedom and responsibility of agents in deterministic scenarios. In two studies, we found that a majority of participants judged that such agents act of their own free will and are morally responsible for their actions. We then discuss the philosophical implications of our results as well as various difficulties inherent in such research. (shrink)

One popular theory of moral responsibility locates responsible agency in exercises of control. These control-based theories often appeal to tracing to explain responsibility in cases where some agent is intuitively responsible for bringing about some outcome despite lacking direct control over that outcome’s obtaining. Some question whether control-based theories are committed to utilizing tracing to explain responsibility in certain cases. I argue that reflecting on certain kinds of negligence shows that tracing plays an ineliminable role in any adequate control-based theory (...) of responsibility. (shrink)

In this paper, we focus on whether and to what extent we judge that people are responsible for the consequences of their forgetfulness. We ran a series of behavioral studies to measure judgments of responsibility for the consequences of forgetfulness. Our results show that we are disposed to hold others responsible for some of their forgetfulness. The level of stress that the forgetful agent is under modulates judgments of responsibility, though the level of care that the agent exhibits toward performing (...) the forgotten action does not. We argue that this result has important implications for a long-running debate about the nature of responsible agency. (shrink)

My primary target in this paper is a puzzle that emerges from the conjunction of several seemingly innocent assumptions in action theory and the metaphysics of moral responsibility. The puzzle I have in mind is this. On one widely held account of moral responsibility, an agent is morally responsible only for those actions or outcomes over which that agent exercises control. Recently, however, some have cited cases where agents appear to be morally responsible without exercising any control. This leads some (...) to abandon the control-based account of responsibility and replace it with an alternative account. It leads others to deny the intuition that agents are responsible in these troublesome cases. After outlining the account of moral responsibility I have in mind, I look at some of the arguments made against the viability of this theory. I show that there are conceptual resources for salvaging the control account, focusing in particular on the nature of vigilance. I also argue that there is empirical data that supports the control account so conceived. (shrink)

Some have argued that advances in the science of human decision-making, particularly research on automaticity and unconscious priming, would ultimately thwart our commonsense understanding of free will and moral responsibility. Do people interpret this research as a threat to their self-understanding as free and responsible agents? We approached this question by seeing how feelings of surprise mediate the relationship between personal sense of control and third-personal attributions of free will and responsibility. Across three studies (N = 1,516) we found that (...) people with a greater sense of personal control were more surprised at the results of experiments showing effects of unconscious priming on moral behavior. Surprise differentially mediated the relationship between personal control and attributions of free will and responsibility: people attributed less free will and more responsibility as they were more surprised. This suggests that people exhibit defensive thinking with respect to responsibility, but not free will. (shrink)

Do privacy rights restrict what is permissible to infer about others based on statistical evidence? This paper replies affirmatively by defending the following symmetry: there is not necessarily a morally relevant difference between directly appropriating people’s private information—say, by using an X-ray device on their private safes—and using predictive technologies to infer the same content, at least in cases where the evidence has a roughly similar probative value. This conclusion is of theoretical interest because a comprehensive justification of the thought (...) that statistical inferences can violate privacy rights is lacking in the current literature. Secondly, the conclusion is of practical interest due to the need for moral assessment of emerging predictive algorithms. (shrink)

Epistemicism is the view that seemingly vague predicates are not in fact vague. Consequently, there must be a sharp boundary between a man who is bald and one who is not bald. Although such a view is often met with incredulity, my aim is to provide a defense of epistemicism in this essay. My defense, however, is backhanded: I argue that the formal commitments of epistemicism are the result of good practical reasoning, not metaphysical necessity. To get to that conclusion, (...) I spend most of the essay arguing that using a formal system like classical logic to manage seemingly vague situations requires practical principles to mediate between the formalism and what it aims to represent. (shrink)

Many believe that a citizen who engages in civil disobedience is not exempt from the sanctions that apply to standard law-breaking conduct. Since he is responsible for a deliberate breach of the law, he is also liable to punishment. Focusing on a conception of responsibility as answerability, I argue that a civil disobedient is responsible (i.e. answerable) to his fellows for the charges of wrongdoing, yet he is not liable to punishment merely for breaching the law. To support this claim, (...) I defend an account of political obligation framed in terms of respect for (rather than mere obedience to) the law, and argue that the mere illegality of civil disobedience does not suffice to establish wrongdoing. I then discuss and reject three objections to my argument. (shrink)

In the early decades of the twentieth century, the concept of community (Gemeinschaft) was associated with an ideal society or polity; a host of figures conceived of redemption as the creation and development of community. In this paper, I briefly discuss how this ideal was appropriated by Martin Buber and how genuine community came to mean, for him, a society organized in terms of a collection of I-Thou oriented relationships. I then consider how the same ideal might help us to (...) understand the social and historical ideal which Franz Rosenzweig takes to be the redemptive ideal of Judaism and the Jewish people. (shrink)

The Breivik case in Norway has motivated a reassessment of Norwegian insanity law by the Norwegian government. Because Norway since 2002 has utilized a “medical model” for legal insanity—a model according to which the legal excuse of insanity is identified with some medical concept such as psychosis—the Norwegian reexamination of its law is not without interest throughout the world. In this paper, I utilize the Anglo-American experience with different medical models for insanity to assess the current Norwegian law on insanity. (...) I defend a strong version of the medical model against standard criticisms advanced against it in the Anglo-American literature, and venture some suggested improvements in how that model was applied in the Breivik case. (shrink)

Stephen Morse has long proclaimed there to be a “fundamental psycho-legal error” that is regularly made by legal and social/psychological/medical science academics alike. This is the error of thinking that causation of human choice by factors themselves outside the chooser’s control excuses that chooser from moral responsibility. In this paper, I examine Morse’s self-labelled “internalist” defense of his thesis that this is indeed an error, and finds such internalist defense incomplete; needed is the kind of externalist defense of Morse’s thesis (...) that can only be provided by a worked-out compatibilist moral philosophy. The body of the paper outlines the kinds of compatibilisms that are plausible, contrasting them with two less plausible attempts to salvage responsibility in the face of an advancing neuroscientific determinism. These two less plausible rescue attempts, libertarianism and fictionalism, each seek to salvage responsibility even while not disavowing the FPLE. (shrink)

The article explores the agreements and disagreements between the author and the authors of Responsible Brains on how neuroscience relates to moral responsibility. The agreements are fundamental: neuroscience is not the harbinger of revolutionary revision of our views of when persons are morally responsible for the harms that they cause. The disagreements are in the details of what is needed for neuroscience to be the helper of the moral sciences.

Analytic Philosophy, Volume 63, Issue 1, Page 28-43, March 2022.

The theoretical reliability of determinism. A review from the proposal of Mariano Artigas This article has two purposes. The first is to demonstrate that the theory of determinism, which claims to be based on the principles of experimental science, cannot be considered as an explanation compatible with such sciences. To do this, we use some ideas of Mariano Artigas on the explanatory power of scientific theories and their reliability from his book The Mind of the Universe. Through this process we (...) seek to achieve the second objective: to show the importance of the work of Artigas to dissolve complex contemporary debates, such as the current discussion about the existence of human freedom. (shrink)

I argue that a capacity‐based account of blameworthiness and praiseworthiness is superior to an account based on quality of will. I focus on four types of cases about which the two accounts disagree and show that the capacity‐based view offers a better treatment. As part of my argument, I motivate the distinction between an assessment of a person's moral character, as reflected by her action, and an assessment of her blameworthiness or praiseworthiness for that action.

College students and suburban residents completed questionnaires designed to examine the tendency of scientific explanations of undesirable behaviors to mitigate perceived culpability. In vignettes relating behaviors to an explanatory antecedent, we manipulated the uniformity of the behavior given the antecedent, the responsiveness of the behavior to deterrence, and the explanatory antecedent-type offered- physiological (e.g., a chemical imbalance) or experiential (e.g., abusive parents). Physiological explanations had a greater tendency to exonerate actors than did experiential explanations. The effects of uniformity and deterrence (...) were smaller, and the latter had a significant effect on judgment only when physiological rather than experiential antecedents were specified. Physiologically explained behavior was more likely to be characterized as "automatic", and willpower and character were less likely to be cited as relevant to the behavior. Physiological explanations of undesirable behavior may mitigate blame by inviting nonteleological causal attributions. Keywords: person perception, volition, moral attribution, responsibility. (shrink)

I explore the question of when an agent is derivatively, rather than directly, culpable for an undesirable outcome. The undesirable outcome might be a harmful incompetent or unwitting act, or it might be a harmful event. By examining various cases, I develop a sophisticated account of indirect culpability that is neutral about controversies regarding normative ethical issues and the condition on direct culpability.

I defend the principle that a person is blameworthy for her action only if that action was morally wrong. But what should we say about an agent who does the right thing based on bad motives? I present three types of cases that have these features. In each, I argue, the agent is not culpable for her action; however, she violates the norm of moral responsibility, and thus acts in a morally irresponsible way. This analysis, I show, has several virtues. (...) It also has important theoretical ramifications: it allows for a more nuanced approach to moral luck and paves the way for an unexplored line of defense in favor of a particular norm of moral responsibility. (shrink)

In his recent book “Becoming Human” Michael Tomasello delivers an updated version of his shared intentionality (SI) account of uniquely human cognition. More so than in earlier writings, the author embraces the idea that SI shapes not just our social cognition but all domains of thought and emotion. In this critical essay, we center on three parts of his theory. The first is that children allegedly have to earn the status of “second persons” through the acquisition of collective intentionality at (...) age 3. We make the case that humans take a second-personal stance toward others even as infants. The second point concerns Tomasello’s claim that 3-year-olds are group-minded and think in terms of “us” vs. “them”. We doubt both that children this young have a clear overview of their in- and out-groups and that they possess the “agonistic spirit” necessary for inter-group competition. Third, due to his focus on collective intentionality and how it might explain 3-year-olds’ difficulties with theory of mind problems, Tomasello appears to pay less attention to the crucial conceptual change that allows 4- to 5-year-olds to master such tasks. (shrink)

Critics often charge that agent-causal libertarianism is unintelligible due to the uniqueness of agent-causation—the sui generis causal relationship said to be involved when agents make free choices. This paper presents five objections, which are taken to be the only good objections, to agent-causal libertarianism and argues they all fail to show agent-causal libertarianism is unintelligible. The first four objections fail outright. The fifth objection fails in a special way. Naturalistic agent-causal libertarian theories succumb to this fifth objection; theistic agent-causal libertarian (...) theories do not. This entails that if agent-causal libertarianism is intelligible, then it is only so within theism. (shrink)

This paper challenges the moral justificatory significance of the notion of basic desert. The notion of basic desert is commonly used in the literature to distinguish a specific sense of moral responsibility that depends on free will. In this sense, a person is morally responsible for an action if this action belongs to her in such a way that she would deserve to be blamed if she understood that it was morally wrong, and she would deserve to be praised if (...) she understood that it was morally exemplary. The central question of the paper concerns the role of the notion of basic desert in moral justifications of social practices including responsibility practices. I argue that the significance sometimes attributed to the notion of basic desert is largely a byproduct of its isolation from a larger context of other moral reasons and moral justifications. First, I introduce the concepts of special and general moral justifications and defend the central assumption behind these concepts. Next, I present a three-case argument that challenges the justificatory moral significance of the notion of basic desert by considering various logical roles that it might play in the general moral justification of various social practices. Finally, I apply this argument to Derk Pereboom’s theory of hard incompatibilism in order to show that moral justification of the revisionary part of his project does not depend on the belief in free will necessary for moral responsibility in the sense of basic desert. (shrink)

When a group does harm, sometimes there’s no obvious individual who bears moral responsibility, and yet we still intuit that someone is to blame. This apparent ‘deficit’ of moral responsibility has led some scholars to posit that groups themselves can be responsible, and that this responsibility is distributed in some uniform fashion among group members. This solution to the deficit, however, risks providing a scapegoat for individuals who have acted wrongly and shifting blame onto those who have not. Instead, this (...) article argues that, in most deficit cases, moral responsibility is borne not by the group but by specific individual members. When an individual acts within a group, she gains an increased potential for doing harm – and, accordingly, heightened duties of care toward others. These duties can, depending on the individual’s position, require amending the group’s rules, procedures, and norms. In most deficit cases, it is individuals who have failed to fulfill these duties who are responsible. (shrink)

When we forgive, we do so for reasons. One challenge for forgiveness theorists is to explain which reasons are reasons to forgive and which are not. This paper argues that we forgive in response to a perceived change of heart on the part of the offender. The argument proceeds in four steps. First, I show that we forgive for reasons. Second, I argue that forgiveness requires the right kind of reason. Third, I show that these two points explain a common (...) distinction between forgiving and letting go and, in doing so, solve a problem facing many accounts of forgiveness. Finally, I consider candidate reasons to forgive and argue that all of them are either the wrong kind of reason or are instances of a more general reason of the right kind, namely, a perceived change of heart. (shrink)

Bernard Williams charges that the moral psychology built into R. M. Hare’s utilitarianism is incoherent in virtue of demanding a bifurcated kind of moral thinking that is possible only for agents who fail to reflect properly on their own practical decision making. I mount a qualified defence of Hare’s view by drawing on the account of the ‘reactive attitudes’ found in P. F. Strawson’s ‘Freedom and Resentment’. Against Williams, I argue that the ‘resilience’ of the reactive attitudes ensures that our (...) taking an instrumental view of our dispositions to experience guilt and compunction, as Hare calls for us to do while engaged in ‘critical’ moral thinking, will not prevent us from experiencing these feelings as people ordinarily do while we are thinking ‘intuitively’. I also consider the implications of my argument for consequentialism more generally and (briefly) Kantianism. (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)

In The Second-Person Standpoint, Stephen Darwall offers an interpretation of P. F. Strawson’s “Freedom and Resentment” according to which the essay advances the thesis that good consequences are the “wrong kind of reason” to justify “practices of punishment and moral responsibility.” Darwall names this thesis “Strawson’s Point.” I argue for a different reading of Strawson, one according to which he holds this thesis only in a qualified way and, more generally, is not the unequivocal critic of consequentialism that Darwall makes (...) him out to be. In fact, I contend, Strawson’s account of the reactive attitudes can potentially be a useful resource for consequentialists. (shrink)

It is often claimed both that forgiveness is elective and that forgiveness is something that we do for reasons. However, there is a tension between these two central claims about the nature of forgiveness. If forgiving is something one does for reasons, then, at least sometimes, those reasons may generate a requirement to forgive or withhold forgiveness. While not strictly inconsistent with electivity, the idea of required forgiveness strikes some as antithetical to the spirit of the concept. They argue that (...) forgiveness is essentially elective. In this paper, I dispute these arguments. I argue that the intuitive plausibility of the position diminishes upon reflection and that the best arguments fail to explain why reasons to forgive, unlike most other reasons for action, cannot generate requirements. (shrink)

This article focuses on the most recent debates in a certain area of the ‘law and emotion’ field, namely the literature on the role of affect in the criminal law. Following the dominance of cognitivism in the philosophy of emotions, authors moved away from seeing emotions as contaminations on reason and examined how affective reactions could be accommodated within penal proceedings. The review is structured into two main components. I look first at contributions about the multi-dimensional presence of emotions within (...) ordinary criminal proceedings. Second, I examine work done on the use of criminal trials under the emotionally stressful circumstances of post-conflict societies. In the conclusion I sketch a theoretical proposal for moving the discussion forward. (shrink)

In the current paper, we present and discuss a series of experiments in which we investigated people’s willingness to ascribe intentions, as well as blame and praise, to groups. The experiments draw upon the so-called “Knobe Effect”. Knobe [2003. “Intentional action and side effects in ordinary language.” Analysis 63: 190–194] found that the positiveness or negativeness of side-effects of actions influences people’s assessment of whether those side-effects were brought about intentionally, and also that people are more willing to assign blame (...) for negative side-effects of actions than they are to assign praise for positive side-effect of actions. Building upon this research, we found evidence that the positiveness or negativeness of side-effects of group actions influences people’s willingness to attribute intentions to groups, and that people are more willing to assign blame to groups for negative side-effects of actions than they are to assign praise to groups for positive side-effects of... (shrink)

In this essay, I argue for the rejection of Vihvelin's ‘Three-fold Classification’ , a nonstandard taxonomy of free-will compatibilism, incompatibilism, and impossibilism. Vihvelin is right that the standard taxonomy of these views is inadequate, and that a new taxonomy is needed to clarify the free-will debate. Significantly, Vihvelin notes that the standard formal definition of ‘incompatibilism’ does not capture the historically popular view that deterministic laws pose a threat to free will. Vihvelin's proposed solution is to redefine ‘incompatibilism.’ However, Vihvelin's (...) formal definition of ‘incompatibilism’ is flawed according to her own arguments. In addition, Vihvelin's characterization of ‘compatibilism’ is incomplete, and at least two important free-will views are missing from her proposed taxonomy. Given the problems with Vihvelin's arguments for 3-FC, her novel view of the dialectic between the major free-will views lacks support. (shrink)

We are occasionally responsible for our beliefs. But is this doxastic responsibility analogous to any non-attitudinal form of responsibility? What I shall call the consequential conception of doxastic responsibility holds that the kind of responsibility that we have for our beliefs is indeed analogous to the kind of responsibility that we have for the consequences of our actions. This article does two things, both with the aim of defending this somewhat unsophisticated but intuitive view of doxastic responsibility. First, it emphasizes (...) the advantage of preserving, as the consequential conception does, the analogy with the non-attitudinal realm, i.e., with the realm of actions and their consequences. Second, this article regiments the most important objections to the consequential conception and answers them. The upshot is that there are no serious drawbacks to the consequential conception. There is, therefore, no reason not to favour it over accounts of doxastic responsibility that do not preserve the analogy with the non-attitudinal realm. (shrink)

The forensic psychiatrist’s task is often considered to be tightly connected to the concept of free will. Yet, there is also a lack of clarity about the role of the concept of free will in forensic psychiatry. Recently, Morse has argued that forensic psychiatrists should not mention free will in their reports or testimonies, and, moreover, that they should not even think about free will. Starting from a discussion on Morse’s claims, I will develop my own view on how forensic (...) psychiatrists are confronted with the issue of free will and how they should deal with this concept and the confusion surrounding it. I conclude that psychiatrists should at least feel free to think about free will and that the conceptual challenges connected to the issues of free will and accountability could rather encourage than deter forensic psychiatrists to think about them. (shrink)