In this paper we attempt to reply to the thoughtful comments made on our book, Responsible Brains, by a stellar group of scholars. Our reply focuses on two topics discussed in the commenting papers: first, the issue of responsibility for negligent behavior; and second, the broad claim that facts about brain function are normatively inert. In response to worries that our theory lacks normative implications, we will concentrate on an area where our theory has clear relevance to law and legal (...) policy: juvenile responsibility. (shrink)

This paper argues that, although moral agency and moral patiency are distinct concepts, we have pro tanto normative reasons to ascribe some moral agency to all moral patients. Assuming a practice-focused approach, moral agents are beings that participate in moral responsibility practices. When someone is a participant, we are warranted to take a participant stance toward them. Beings who lack moral agency are instead accounted for by an objective stance. As such, they are assumed to be exempted from moral responsibility (...) practices but may still be acknowledged as moral patients. In this paper, I question that a wholly objective stance is, in practice, compatible with proper sensitivity and responsiveness to moral considerations regarding the exempted moral patient. I claim that the participant stance involves a distinct other-regarding perspective, only available from within this stance. Recognizing others specifically as addressor participants induces a readiness for second-person interaction. Instead of merely seeing and treating the moral patient as an object of moral concern, we see them as a source or maker of moral claims and demands. This “you-perspective” appears to be necessary for perceiving a wider range of morally relevant facts and considerations in relation to them. Consequently, taking a wholly objective stance towards a moral patient may impede, or even corrupt, one’s moral sensitivity and responsiveness. Given a commitment to scaffold and cultivate moral agency, there are normative reasons to take an addressor participant stance to all moral patients, and never a wholly objective one. (shrink)

I propose an account of how our forward-looking moral and epistemic responsibility practices arose, how they related to backward-looking responsibility practices, and what makes them stable. This account differs in several ways from prominent theories already in the literature. Traditionally, forward-looking accounts of responsibility are framed third-personally in terms of social control and neglect the perspective and agency of the responsible person. The account I develop allows that there are third-personal, control-based aspects of our responsibility practices, but it also makes (...) room for the first-personal perspective of the responsible agent and emphasizes the role of partner choice and cooperative planning and action. Whereas existing research focuses on forward-looking accounts of the practice of holding others responsible, I offer an account of forward-looking practices of taking responsibility and assigning responsibility. I hope thereby to provide a richer and more plausible framework in which to think about responsibility and our practices related to it. (shrink)

Forward-looking aims tend to play a much less significant role than retribution in justifying criminal punishment, especially in common law systems. In this paper I attempt to reinvigorate the idea that there are important forward-looking justifications for criminal law and punishment by looking to social theories of responsibility. I argue that the criminal law may be justified at the institutional level because it is a part of larger responsibility practices that have the effect of bolstering our reasons-responsiveness by making us (...) sensitive to the potential reactive attitudes of a larger societal audience. I further claim that forward-looking effects may justify criminal law institutions even if retribution is the primary aim of assigning punishments to specific offenders. (shrink)

Constitutive instrumentalism is the view that responsibility practices arise from and are justified by our being prosocial creatures who need responsibility practices to secure specific kinds of social goods. In particular, responsibility practices shape agency in ways that disposes adherence to norms that enable goods of shared cooperative life. The mechanics of everyday responsibility practices operate, in part, via costly signaling about the suitability of agents for coordination and cooperation under conditions of shared cooperative life. So, there are a range (...) of identifiable conditions where the ordinary operation of responsibility practices—and thus, the usual normative force of the practices—is disrupted. Even so, these conditions are not so widespread as to favor a more thoroughgoing abandonment of responsibility practices. (shrink)

This paper provides a critical overview of recent work on epistemic blame. The paper identifies key features of the concept of epistemic blame and discusses two ways of motivating the importance of this concept. Four different approaches to the nature of epistemic blame are examined. Central issues surrounding the ethics and value of epistemic blame are identified and briefly explored. In addition to providing an overview of the state of the art of this growing but controversial field, the paper highlights (...) areas where future work is needed. (shrink)

There is an ongoing increase in the use of mobile health technologies that patients can use to monitor health-related outcomes and behaviours. While the dominant narrative around mHealth focuses on patient empowerment, there is potential for mHealth to fit into a growing push for patients to take personal responsibility for their health. I call the first of these uses ‘medical monitoring’, and the second ‘personal health surveillance’. After outlining two problems which the use of mHealth might seem to enable us (...) to overcome—fairness of burdens and reliance on self-reporting—I note that these problems would only really be solved by unacceptably comprehensive forms of personal health surveillance which applies to all of us at all times. A more plausible model is to use personal health surveillance as a last resort for patients who would otherwise independently qualify for responsibility-based penalties. However, I note that there are still a number of ethical and practical problems that such a policy would need to overcome. The prospects of mHealth enabling a fair, genuinely cost-saving policy of patient responsibility are slim. (shrink)

Considerations of nonhuman animal moral agency typically base their reasoning and (very often negative) verdict on a capacity‐focused approach to moral agency. According to this approach, an entity is a moral agent if it has certain intrapersonal features or capacities, typically in terms of conscious reflection and deliberation. According to a practice‐focused notion of moral agency, however, an entity is a moral agent in virtue of being a participant of a moral responsibility practice (MRP). I argue that a practice‐focused approach (...) to moral agency, combined with empirical evidence from research on canid social play and cognition, with support from The Function Argument, makes the notion of nonhuman animal moral agency more likely than usually indicated. However, the support is not absolute, as the practice‐focused approach itself may be put into question. I describe how this objection prompts us to critically assess any empirical, metaethical, or normative assumptions on these matters. These questions, in turn, raise a number of further questions of how we should conceive of, use, and evaluate whatever standards of moral agency we adopt. (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)

Control accounts of moral responsibility argue that agents must possess certain capacities in order to be blameworthy for wrongdoing. This is sometimes thought to be revisionary, because reflection on our moral practices reveals that we often blame many agents who lack these capacities. This paper argues that Control accounts of moral responsibility are not too revisionary, nor too permissive, because they can still demand quite a lot from excused wrongdoers. Excused wrongdoers can acquire duties of reconciliation, which require that they (...) improve themselves, make reparations for the harm caused, and retract the meaning expressed in the original wrong. Failure to do these things expresses a lack of regard for the victims, and can make those wrongdoers appropriate targets of blame. (shrink)

The Buddha taught that there is no self. He also accepted a version of the doctrine of karmic rebirth, according to which good and bad actions accrue merit and demerit respectively and where this determines the nature of the agent’s next life and explains some of the beneficial or harmful occurrences in that life. But how is karmic rebirth possible if there are no selves? If there are no selves, it would seem there are no agents that could be held (...) morally responsible for ‘their’ actions. If actions are those happenings in the world performed by agents, it would seem there are no actions. And if there are no agents and no actions, then morality and the notion of karmic retribution would seem to lose application. Historical opponents argued that the Buddha's teaching of no self was tantamount to moral nihilism. The Buddha, and later Buddhist philosophers, firmly reject this charge. The relevant philosophical issues span a vast intellectual terrain and inspired centuries of philosophical reflection and debate. This article will contextualise and survey some of the historical and contemporary debates relevant to moral psychology and Buddhist ethics. They include whether the Buddha's teaching of no-self is consistent with the possibility of moral responsibility; the role of retributivism in Buddhist thought; the possibility of a Buddhist account of free will; the scope and viability of recent attempts to naturalise karma to character virtues and vices, and whether and how right action is to be understood within a Buddhist framework. (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)

This chapter evaluates two competing views of morally responsible agency. The first view at issue is Vargas’s circumstantialism—on which responsible agency is a function of the agent and her circumstances, and so is highly context sensitive. The second view is McGeer’s scaffolded-responsiveness view, on which responsible agency is constituted by the capacity for responsiveness to reasons directly, and indirectly via sensitivity to the expectations of one’s audience (whose sensitivity may be more developed than one’s own). This chapter defends a version (...) of the scaffolded-responsiveness view, and develops two further claims. Firstly, moral responsibility should not be tied too closely to liability to praise or blame. Secondly, rather than revising our existing concept of responsibility, we would do better to ask what we want the concept of responsibility for. (shrink)

This paper examines the methodological claim made famous by P.F. Strawson: that we understand what features are required for responsible agency by exploring our attitudes and practices of holding responsible. What is the presumed metaphysical connection between holding responsible and being fit to be held responsible that makes this claim credible? I propose a non-standard answer to this question, arguing for a view of responsible agency that is neither anti-realist (i.e. purely 'conventionalist') nor straightforwardly realist. It is instead ‘constructivist’. On (...) the ‘Scaffolding View’ I defend, reactive attitudes play an essential role in developing, supporting, and thereby maintaining the capacities that make for responsible agency. While this view has relatively novel implications for a metaphysical understanding of capacities, its chief virtue, in contrast with more standard views, is providing a plausibly defensible account of how so-called responsible agents genuinely deserve to be treated as such. (shrink)

Both advocates of corporate regulation and its opponents tend to depict regulation as restrictive—a policy option that limits freedom in the name of welfare or other social goods. Against this framing, I suggest we can understand regulation in enabling terms. If well designed and properly enforced, regulation enables companies to operate in ways that are acceptable to society as a whole. This paper argues for this enabling character by considering some wider questions about responsibility and the sharing of responsibility. Agents (...) who are less able or willing to act well are obviously more likely to face criticism, mistrust, and adverse responses. It will be more difficult to hold those agents responsible, especially so when there are many who fail in their responsibilities or where there are wide-reaching disagreements about those responsibilities. Regulatory standards, like other norms and ways of defining responsibilities, address these problems: by restricting, they also enable social cooperation. Like other forms of holding responsible, ways of enforcing those standards against recalcitrant agents, or encouraging conformity to them, may also seem restrictive. Again, however, these practices play an important role in enabling responsible agency. This is partly because they can bolster readiness to act well in agents who experience or witness such responses. It is also because they free other agents to exercise initiative and commitment in defining their individual responsibilities in line with higher standards. (shrink)

We sometimes fail unwittingly to do things that we ought to do. And we are, from time to time, culpable for these unwitting omissions. We provide an outline of a theory of responsibility for unwitting omissions. We emphasize two distinctive ideas: (i) many unwitting omissions can be understood as failures of appropriate vigilance, and; (ii) the sort of self-control implicated in these failures of appropriate vigilance is valuable. We argue that the norms that govern vigilance and the value of self-control (...) explain culpability for unwitting omissions. (shrink)

Following the social conception of moral agency, this paper claims that many beings commonly exempted from moral responsibility, like young children, adults with late-stage dementia, and nonhuman animals, may nevertheless qualify as participants in moral responsibility practices. Blame and other moral responsibility responses are understood according to the communicative emotion account of the reactive attitudes. To blame someone means having an emotion episode that acts as a vehicle for conveying a particular moral content. Therefore, moral agency is argued to be (...) manifested in communicative exchanges between a claimant and a defendant. While many human and nonhuman agents are justifiably exempted from ascriptions of moral responsibility, this does not necessarily exclude such agents from the community of moral agents altogether. Toddlers and dogs, for instance, seem capable of other-directed reactive attitudes, like resentment, and could, therefore, qualify as participants in moral responsibility practices with respect to the claimant position. Therefore, we may have reason to adopt a distinct claimant-directed participant stance to some beings, even if they fail to qualify as apt targets of blame. This expanded theoretical room for moral agency is argued to make explicit further normative considerations. (shrink)

When a person performs or fails to perform a morally significant action, we sometimes think that a particular kind of response is warranted. Praise and blame are perhaps the most obvious forms this reaction might take. For example, one who encounters a car accident may be regarded as worthy of praise for having saved a child from inside the burning car, or alternatively, one may be regarded as worthy of blame for not having used one's mobile phone to call for (...) help. To regard such agents as worthy of one of these reactions is to ascribe moral responsibility to them on the basis of what they have done or left undone. (These are examples of other-directed ascriptions of responsibility. The reaction might also be self-directed, e.g., one can recognize oneself to be blameworthy). Thus, to be morally responsible for something, say an action, is to be worthy of a particular kind of reaction —praise, blame, or something akin to these—for having performed it.[1.. (shrink)

David Brink’s book Fair Opportunity & Responsibility is a meticulously argued and ultimately convincing book that carefully articulates the requirements for criminal guilt and punishment. As the title suggests, Brink argues that only one who has a fair opportunity to be law-abiding ought to be held responsible when they commit a crime. It is unfair to hold a person responsible if they lack abilities necessary to legal agency at the time of a wrongful act, or if these abilities are severely (...) compromised. In this essay I focus on Brink’s handling of structural injustice and the way it can impact our responsibility practices. Structural injustice is a serious and pervasive problem in the U.S., and it is closely related to crime rates. I argue that structural injustice can ground a partial excuse based on compromised normative competence. This is a possibility that Brink does not explore. Marginalization can compromise one’s ability to make and follow normative judgments in keeping with one’s larger society and the criminal law; and what makes some marginalized persons less culpable is that their ability to recognize and respond to moral and legal reasons is compromised compared to those that are not marginalized. (shrink)

Ecological accounts of responsible agency claim that moral feedback is essential to the reasons-responsiveness of agents. In this paper, we discuss McGeer’s scaffolded reasons-responsiveness account in the light of two concerns. The first is that some agents may be less attuned to feedback from their social environment but are nevertheless morally responsible agents – for example, autistic people. The second is that moral audiences can actually work to undermine reasons-responsiveness if they espouse the wrong values. We argue that McGeer’s account (...) can be modified to handle both problems. Once we understand the specific roles that moral feedback plays for recognizing and acting on moral reasons, we can see that autistics frequently do rely on such feedback, although it often needs to be more explicit. Furthermore, although McGeer is correct to highlight the importance of moral feedback, audience sensitivity is not all that matters to reasons-responsiveness; it needs to be tempered by a consistent application of moral rules. Agents also need to make sure that they choose their moral audiences carefully, paying special attention to receiving feedback from audiences which may be adversely affected by their actions. (shrink)

This is the Stanford Encyclopedia of Philosophy entry on moral responsibility.

This paper puts forward a novel, two-tiered view of moral agency which captures the key concerns of two competing theories. According to the capacitarian view, in order for someone to be an appropriate target of the reactive attitudes and practices, they must possess an independent, objective capacity for recognizing and responding to moral reasons. According to the moral influence view, this capacity fully depends for both development and maintenance on reactive scaffolding. I will argue that the moral influence view cannot (...) account for the autonomous capacity involved in cases where agents go against the grain of their moral community. At the same time, however, the capacitarian view neglects the role of reactive scaffolding in moral development. My solution is to distinguish responsible agency, understood as reactive scaffolding-sensitivity, from moral autonomy, understood as autonomous moral reasons-sensitivity. However, while the moral influence view cannot explain moral autonomy, it gives a promising account of responsible agency and offers important insights into how we might develop moral autonomy. (shrink)

Several important questions in applied ethics – like whether to switch to a plant-based diet, reduce greenhouse gas emissions, or vote in elections – seem to share the following structure: if enough people ‘cooperate’ and become vegan for example, we bring about a better outcome; but what you do as an individual seems to make no difference whatsoever. Such collective action problems are often thought to pose a serious challenge to consequentialism. In response, I defend the Reactive Attitude Approach: rather (...) than focus only on the deontic status of (non-)cooperative acts – as existing consequentialist responses mostly do – consequentialists should also focus on when to praise or blame individuals. For example, even if your veganism does not change the overall outcome, consequentialists might still recommend praising you for your cooperative behavior. I make a consequentialist case for including praise and blame in our ethical practices around collective action and argue that doing so helps us capture important intuitions. I develop and defend these arguments by drawing on recent instrumentalist theories of blame and responsibility. (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)

Michael S. Moore is a whole-hearted retributivist. The triumph of Mechanical Choices is that Moore provides a thoroughly physicalist, reductionist-friendly, compatibilist account of the features that make persons deserving of blame and punishment. Many who embrace scientific accounts of psychology worry that from this perspective the grounds for desert disappear; but Moore argues that folk psychological accounts of responsibility—such as those found in the criminal law—are either vindicated or not implicated by science. Moore claims that criminal punishment can be justified (...) by looking solely to moral desert, couched in folk terms. In this paper I argue that interpersonal blame and punishment and criminal blame and punishment hold people responsible in the same sense, and that directed moral blame in both forms aim to communicate something to the wrongdoer and generate a backward-looking or retributive good. However, contra Moore, I will argue that instrumental aims are also important to justifying methods and degree of punishment within both realms. (shrink)

An emerging strand of research claims that blame is justified on the basis of its instrumental role in serving to ‘cultivate’ or ‘scaffold’ moral agency in those to whom it is directed. On these instrumentalist accounts, our actual collective responsiveness to moral considerations is largely explained by the scaffolding or cultivating force of blame as directed at us. We believe that there is some reason to be sceptical of the instrumental role assigned to blame on these accounts. This is because (...) there is evidence from the psychology literature on prosocial behaviour and moral development that blame may be directly ineffective; it may be ineffective in inculcating moral norms in the children and young adults to whom it is directed. We concede that blame may have this proximate instrumental role in scaffolding moral behaviour in adults, however we believe that such accounts overlook what we think is likely the more central instrumental role of blame. This is the role blame plays in the moral ecology: the models, narratives, scripts, and cultural frameworks that we internalize. The most central instrumental role of blame, we claim, is to indirectly foster moral considerations responsive agency in third parties through modelling behaviour observed in the moral ecology. (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.

Building Better Beings: A Theory of Moral Responsibility argues that the normative basis of moral responsibility is anchored in the effects of responsibility practices. Further, the capacities required for moral responsibility are socially scaffolded. This article considers criticisms of this account that have been recently raised by John Doris, Victoria McGeer, and Michael Robinson. Robinson argues against Building Better Beings’s rejection of libertarianism about free will, and the account of desert at stake in the theory. considers methodological questions that arise (...) from the account of desert, providing some additional resources for thinking about these issues within the framework of the account. McGeer objects to the particular mode of justification used to motivate the prescriptive aspect of the account. This article presents replies to each of these lines of response. (shrink)

Standard compatibilist accounts adjudicating when individuals are morally responsible for their actions are predicated on the assumption that individuals will have responsibility for the valuational structure undergirding their actions. However, I will claim that evidence from psychology and social psychology seems to show that manipulation of our valuational structure, far from being esoteric, is more common than we might pre-theoretically think. I call this evidence of manipulation the Manipulationist Threat. Given the Manipulationist Threat, I will argue that the strategies employed (...) by reasons-responsiveness and Deep Self accounts for responding to manipulation are inadequate; they fail at either giving appropriate excusing conditions, or explaining why individuals subject to manipulation maintain responsibility. (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)

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)