Taking perceptual experience to consist in a relation of acquaintance with the sensible qualities, I argue that the state of being acquainted with a sensible quality is intrinsically a form of knowledge, and not merely a means to more familiar kinds of knowledge, such as propositional or dispositional knowledge. We should accept the epistemic claim for its explanatory power and theoretical usefulness. That acquaintance is knowledge best explains the intuitive epistemic appeal of ‘Edenic’ counterfactuals involving unmediated perceptual contact with reality (...) (cf. Chalmers, in: Gendler, Hawthorne (eds) Perceptual experience, Oxford University Press, 2006). It explains the elusiveness of knowledge gained through new acquaintances. It coheres with the knowledge-like functional role of acquaintance in the special context of evaluative beliefs and evaluative reasoning, where the objects of acquaintance serve as evidence and inferential basis. And, finally, taking acquaintance to be knowledge is theoretically fruitful: it helps vindicate claims about the relationship between knowledge and concern for others we already find intuitive or outright accept. After developing a novel case for the epistemic claim, I respond to two familiar objections against it: namely, (1) that there are no pre-propositional, pre-conceptual cases of perceptual experience that remain epistemically relevant (Sellars in Empiricism and the philosophy of mind, Routledge, 1968, McDowell, in: Lindgard (ed) John McDowell: Experience, norm, and nature, Blackwell, 2008); and (2) that the category of knowledge appears gerrymandered once we add ‘object’ knowledge to the epistemological mix (Farkas, in: Knowles, Raleigh (eds), Acquaintance: new essays, Oxford University Press, 2019). (shrink)

The similarities between the philosophical debates surrounding assessment sensitivity and moral luck run so deep that one can easily adapt almost any argument from one debate, change some terms, adapt the examples, and end up with an argument relevant to the other. This article takes Brian Rosebury's strategy for resisting moral luck in “Moral Responsibility and ‘Moral Luck' ” (1995) and turns it into a strategy for resisting assessment sensitivity. The article shows that one of Bernard Williams's examples motivating moral (...) luck is very similar to one of the examples John MacFarlane uses to motivate the assessment sensitivity of epistemic modals, and in particular the assessment sensitivity of the auxiliary verb “might.” This means that, if Rosebury is right and we do not actually need moral luck to explain Williams's example, we may not need assessment sensitivity to account for the semantic behaviour of the epistemic modal verb “might” either. (shrink)

According to the Reasoning View about normative reasons, facts about normative reasons for action can be understood in terms of facts about the norms of practical reasoning. I argue that this view is subject to an overlooked class of counterexamples, familiar from debates about Subjectivist theories of normative reasons. Strikingly, the standard strategy Subjectivists have used to respond to this problem cannot be adapted to the Reasoning View. I think there is a solution to this problem, however. I argue that (...) the norms of practical reasoning, like the norms of theoretical reasoning, are characteristically defeasible, in a sense I make precise. Recognizing this property of those norms makes space for a solution to the problem. The resulting view is in a way analogous to the familiar defeasibility theory of knowledge, but it avoids a standard objection to that theory. (shrink)

This paper examines the concepts of desert and luck, familiar in political theory but neglected by sociologists. I argue that the idea of desert is composed of both personal performance and the degree of responsibility a person has over that performance. Distribution ought to be in accordance with the indebtedness created by the person's performance. This can be compromised by luck; that is, personal desert is undermined where lack of performance scuttles the applicability of the contributory model. This paper examines (...) recent work, focusing on establishing desert criteria for each person's ends and life‐plans, and a formula for distribution according to personal welfare. (shrink)

When Hegel first addresses moral responsibility in the Philosophy of Right, he presupposes that agents are only responsible for what they intended to do, but appears to offer little, if any, justification for this assumption. In this essay, I claim that the first part of the Philosophy of Right, “Abstract Right”, contains an implicit argument that legal or external responsibility (blame for what we have done) is conceptually dependent on moral responsibility proper (blame for what we have intended). This overlooked (...) argument satisfies the first half of a thesis Hegel applies to action in the Encyclopaedia Logic, namely, that the outer must be inner, and thus provides a necessary complement for his more explicit treatment of the second half of that thesis, that the inner must be outer. The claim that agents are only responsible for what they intended to do might appear, at first, to risk conflating legal and moral responsibility and to lack the necessary means to deal with the phenomenon of moral luck, but I argue that if it is properly situated within the whole of Hegel's philosophy of action it can be saved from both of these consequences and so take its place as an essential component of Hegel's full theory of moral responsibility. (shrink)

After nearly sixty years, the influence of Peter Strawson’s ‘Freedom and Resentment’ remains strong in discussions of moral responsibility. However, as the paper has become more remote in time and in intellectual climate, some of those influences have turned into amplifications of ideas and claims that are misinterpretations or distortions of the paper, while other notions have been projected onto it. I try to make the case for this charge specifically in relation to what has become accepted as Strawson’s ‘response-dependent’ (...) theory of moral responsibility and to an allegedly problematic conception of blame said to be at the centre of that theory. Against that background, I comment on the current philosophical project to ‘civilize’ blame. (shrink)

Illness creates a range of negative emotions in patients including anxiety, fear, powerlessness, and vulnerability. There is much debate on the ‘therapeutic’ or ‘helping’ nurse–patient relationship. However, despite the current agenda regarding patient-centred care, the literature concerning the development of good interpersonal responses and the view that a satisfactory nursing ethics should focus on persons and character traits rather than actions, nursing ethics is dominated by the traditional obligation, act-centred theories such as consequentialism and deontology. I critically examine these theories (...) and the role of duty-based notions in both general ethics and nursing practice. Because of well-established flaws, I conclude that obligation-based moral theories are incomplete and inadequate for nursing practice. I examine the work of Hursthouse on virtue ethics’ action guidance and the v-rules. I argue that the moral virtues and a strong (action-guiding) version of virtue ethics provide a plausible and viable alternative for nursing practice. I develop an account of a virtue-based helping relationship and a virtue-based approach to nursing. The latter is characterized by three features: (1) exercising the moral virtues such as compassion; (2) using judgement; and (3) using moral wisdom, understood to include at least moral perception, moral sensitivity, and moral imagination. Merits and problems of the virtue-based approach are examined. I relate the work of MacIntyre to nursing and I conceive nursing as a practice: nurses who exercise the virtues and seek the internal goods help to sustain the practice of nursing and thus prevent the marginalization of the virtues. The strong practice-based version of virtue ethics proposed is context-dependent, particularist, and relational. Several areas for future philosophical inquiry and empirical nursing research are suggested to develop this account yet further. (shrink)

Risk decisions often appear unsatisfactory after a calamity has taken place. This holds even when they are products of systematic risk analysis. Yet, if relevant considerations available to be known pre-accident were adequately taken into account and safety measures implemented accordingly, nobody seems morally blameworthy. In this paper, I advance a two-way argument. Firstly, I show how analysis of post-accident apologizing sheds new light on vexed tensions in ethical assessment of risk impositions. This amounts to exposing conflicting moral intuitions in (...) risk decisions, discussing problematic tenets in risk analysis as well as outlining three lines of arguments that destabilize the very notion of correct risk analysis. The analysis indicates that bringing different discussions of moral blameworthiness together facilitates resolving the tensions. It also calls for further and early-on collaboration between risk theorists and ethicists in order to carry these insights to risk analysis. Secondly, I argue that analysis of risk decisions, in part, reveals a discrepancy between the definitional work done on apology and what is required by ethics. Virtually every suggestion for the gold standard for apology involves moral blameworthiness as a necessary condition. I highlight different kinds of cases in which nobody is culpable, but an apology can be morally fitting or required. It would be nonsensical to say that, in these cases, one ought to apologize, but in a disingenuous manner. (shrink)

The control principle implies that people should not feel guilt for outcomes beyond their control. Yet, the so-called ‘agent and observer puzzles’ in philosophy demonstrate that people waver in their commitment to the control principle when reflecting on accidental outcomes. In the context of car accidents involving conventional or autonomous vehicles, Study 1 established that judgments of responsibility are most strongly associated with expressions of guilt–over and above other negative emotions, such as sadness, remorse or anger. Studies 2 and 3 (...) then confirmed that, while people generally endorse the control principle, and deny that occupants in an AV should feel guilt when involved in an accident, they nevertheless ascribe guilt to those same occupants. Study 3 also uncovered novel implications of the observer puzzle in the legal context: Passengers in an AV were seen as more legally liable than either passengers in a conventional vehicle, or even their drivers–especially when participants were prompted to reflect on the passengers’ affective experience of guilt. Our findings document an important conflict–in the context of AV accidents–between people’s prescriptive reasoning about responsibility and guilt on one hand, and their counter-normative experience of guilt on the other, with apparent implications for liability decisions. (shrink)

Concepts of decision, choice, decision-maker, and decision-making are common practical tools in both social science and natural science, on which scientific knowledge, policy implications, and moral recommendations are based. In this article I address three questions. First, I look into how present-day social scientists and natural scientists use decision/choice concepts. What are they used for? Second, scientists may differ in the application of decision/choice to X, and they may explicitly disagree about the applicability of decision/choice to X. Where exactly do (...) these disagreements lie? Third, I ask how scientists should use decision/choice concepts. What are they correctly and incorrectly used for? I argue that scientists must responsibly attend to a methodological demand: you have to have a principled, non-ad hoc, well-argued-for way of telling where decision/choice applicability ends. Thus, I aim to minimize the risk of conceptual stretching and foster responsible conceptual practices in a large body of scientific work. (shrink)

In “The Zygote Argument is Invalid: Now What?” (2015), Kristin Mickelson published an objection to the Zygote Argument that she first presented in 2012 as workshop comments on a draft of Mele's "Manipulation, Moral Responsibility, and Bullet-Biting" (2013). Assuming that the phrase "determinism precludes free will" means something like determinism-related causal factors are what prevent people from acting freely when determinism is true, Mele's original Zygote Argument was invalid. At the workshop, Mickelson presented Mele with two options to address the (...) problem, a premise-preserving option and a conclusion-preserving option. That is, Mele could change the conclusion of the original argument to the negative, non-explanatory thesis entailed by its original two premises, or find a way to add premises that would support the positive, explanatory conclusion of the original argument (which, notably, is the conclusion that Pereboom supports using best-explanation reasoning in his Four-Case Argument). Mickelson used this as an opportunity to explain the key contribution that best-explanation reasoning makes to manipulation arguments -- and why the best variant of the manipulation argument might conclude that incompatibilism is FALSE. In response to Mickelson's objection, Mele changed the conclusion of the argument before "Manipulation, Moral Responsibility, and Bullet-Biting" went to print, choosing Mickelson's proposal to change its conclusion over the suggestion to change its premises. However, Mele failed to mention Mickelson's invalidity objection in print and that he changed the conclusion of his argument as a direct response to it; nor did Mele mention the costs that Mickelson outlined for the premise-preserving solution that he adopted or the benefits of a conclusion-preserving solution. At the same time, Mele began using the term 'incompatibilism' to pick out the negative, non-explanatory claim supported by the newly revised Zygote Argument--and also started to claim (without providing evidence) that those who use the term 'incompatibilism' to denote the explanatory claim deterministic causal factors *make it the case* that no one acts freely when determinism is true" is guilty of using the term in a nonstandard and nontraditional way that he had "never had any use for"--failing to mention that he clearly used the term in this explanatory sense in his 2005 critique of the Four-Case Argument, which is to be expected give that Derk Pereboom uses the explanatory definition (as do Kadri Vihvelin, Carolina Sartorio, and *most* other contributors to the free-will literature). In THIS reply essay, Mickelson responds to an attempt by Gabriel De Marco (FSU, advisor Alfred Mele) to defend the original Zygote Argument from Mickelson's 2012/2015 critique. Unfortunately, both of De Marco's proposed "solutions" are non-starters. The first is a non-starter because De Marco merely repeats the premise-preserving solution that Mickelson offered to Mele in 2012 and that Mele adopted in print in 2013. In other words, De Marco took credit for the premise-preserving solution to the invalidity objection that Mickelson developed (although he does *redescribe* Mickelson's solution in his own idiosyncratic jargon) and Mele had already adopted in print. De Marco's second solution is a non-starter because it is constituted by a patently invalid argument. Contrary to De Marco's proposal, it's not true that the conjunction of possibilism and incompossibilism deductively entails the positive, diagnostic claim that deterministic causal factors beyond one's control preclude (destroy, undermine, is antagonistically relevant to) free will when determinism is true. *My thanks to the editors of Philosophia for publishing this reply when PhilStudies would not. (shrink)

Is it appropriate to blame people unequally if the only difference between them was a matter of luck? Suppose Alice would drive recklessly if she could, Belen drove recklessly but didn’t harm anyone, and Cleo drove recklessly and killed a child. Luck-advocates emphasize that in real life we do blame such agents very unequally. Luck-skeptics counter that people aren’t responsible for factors beyond their control, or beyond their quality of will. I’ll defend a somewhat reconciliatory view. I’ll concede to the (...) skeptics that these agents are equally culpable. Nonetheless, I’ll suggest with the luck-advocates that it’s fitting to blame them unequally. That’s because their culpability is unequally significant for us: Cleo’s culpability concerns us more than Belen’s, and Belen’s more than Alice’s—just like the fault of a close aggressor concerns us more than that of an aggressor far off in place and time. And it’s fitting for us to respond with more blame to faults that concern us more. Indeed, blaming people simply in proportion to their culpability manifests a form of fetishism, or problematic mere-matter-of-principle concern. So while many skeptical tenets may hold, in substance the luck-advocates are right. (shrink)

This book chapter is not available in ORA, but you may download, display, print and reproduce this chapter in unaltered form only for your personal, non-commercial use or use within your organization from the ANU E Press website.

In this chapter we first discuss the main principles of justice and note the standard objections to them, which we believe necessitate a hybrid approach. The hybrid account we defend is primarily based on the distributive principle of sufficientarianism, which we interpret as the idea that each country should have the means to provide a minimally decent quality of life for each of its citizens. We argue that sufficientarian considerations give good reason to think that what we call the ‘ability (...) to pay objection’ should be taken much more seriously in this debate. Following this, our account emphasises what we believe are the two most important moral desiderata in any attempt to distribute responsibility for dealing with climate change: the ability to mitigate the problem and the making of culpable contributions to the problem. After noting that our proposal includes enough detail to be a useful start for policy makers, we defend our account against some potential objections. (shrink)

Under a ‘dirty hands’ model of undercover policing, it inevitably involves situations where whatever the state agent does is morally problematic. Christopher Nathan argues against this model. Nathan’s criticism of the model is predicated on the contention that it entails the view, which he considers objectionable, that morally wrongful acts are central to undercover policing. We address this criticism, and some other aspects of Nathan’s discussion of the ‘dirty hands’ model, specifically in relation to state entrapment to commit a crime. (...) Using János Kis’s work on political morality, we explain three dilemmatic versions of the ‘dirty hands’ model. We show that, while two of these are inapplicable to state entrapment, the third has better prospects. We then pursue our main aim, which is to argue that, since the third model precludes Nathan’s criticism, a viable ‘dirty hands’ model of state entrapment remains an open possibility. Finally, we generalize this result, showing that the case of state entrapment is not special: the result holds good for policing practices more generally, including such routine practices as arrest, detention, and restraint. (shrink)

"We wish this volume to be a sure companion to the study of free will, broadly construed to include action theory, moral and legal responsibility, and cohort studies feathering off into adjacent fields in the liberal arts and sciences. In addition to general coverage of the discipline, this volume attempts a more challenging and complementary accompaniment to many familiar narratives about free will. In order to map out some directions such accompaniment will take, in this introduction we anchor the thirty (...) contributions to this volume in some common history from which they arise, and attempt to indicate where future work in free will and moral responsibility will–and has already begun to–depart from that history." -Excerpt from Introduction. ... ... To read full introduction, (1) download attached file or (2) follow wiley_dot_com link below, click "Read An Excerpt", then click :Excerpt 3:(pdf)". (shrink)

According to the standard story of action, a story that can be traced back at least to David Hume , actions are those bodily movements that are caused and rationalized by a pair of mental states: a desire for some end, where ends can be thought of as ways the world could be, and a belief that something the agent can just do, namely, move her body in the way to be explained, has some suitable chance of making the world (...) the relevant way. Bodily movements that occur otherwise aren't actions, they are mere happenings. (shrink)

Many prominent theories of moral responsibility rely on the notion of “tracing,” the idea that responsibility for an outcome can be located in (i.e., “traced back to”) some prior moment of control, perhaps significantly antecedent to the proximate sources of a considered action. In this article, I show how there is a problem for theories that rely on tracing. The problem is connected to the knowledge condition on moral responsibility. Many prima facie good candidate cases for tracing analyses appear to (...) violate the knowledge condition on moral responsibility. So, either we need to dispense with tracing approaches or we must refine our understanding of the knowledge condition or we are responsible less frequently than we suppose. (shrink)

*As mentioned in Peter Coy's NYT essay "When Being Good Is Just a Matter of Being Lucky" (2023) -/- ----- -/- How is the problem of free will related to the problem of moral luck? In this essay, I answer that question and outline a new solution to the paradox of moral luck, the source-paradox solution. This solution both explains why the paradox arises and why moral luck does not exist. To make my case, I highlight a few key connections (...) between the paradox of moral luck and two related problems, namely the problem of free will and determinism and the paradox of self-creation. Piecing together intuitions, arguments, and insights from recent work on each of these three problems, I argue that the type of control necessary for moral responsibility can only be had by someone who is a genuine source of his own actions, but the relevant notion of sourcehood admits no coherent characterization. If our commonsense view of moral responsibility is incoherent, it is unsurprising that our commitment to the existence of morally responsible agents commits us to some paradoxical things—e.g. to both the existence and impossibility of moral luck. For more information about this article, please write to gmail account: kristin.mickelson.42. (shrink)

One key desideratum of a theory of blame is that it be able to explain why we typically have differing blaming responses in cases involving significant degrees of luck. T.M. Scanlon has proposed a relational account of blame, and he has argued that his account succeeds in this regard and that this success makes his view preferable to reactive attitude accounts of blame. In this paper, I aim to show that Scanlon's view is open to a different kind of luck-based (...) objection. I then offer a way of understanding moral luck cases which allows for a plausible explanation of our differential blaming responses by appealing to the salience of certain relevant features of the action in question. (shrink)

Joseph Heath'sCommunicative Action and Rational Choicestands out clearly as one of the most astute and original of the several critiques of Jurgen Habermas's theory of communicative action to have emerged in the last decade. Heath refrains from engaging merely in skirmishes with various details of Habermas's theory; he rather aims directly at its core issue: the critique of instrumental reason. Heath argues that Habermas's key criticism—that instrumental reason cannot account for successful communication—is not critical enough. Heath argues that instrumental reason (...) cannot account even for the successfulmonologicalaction. Heath then claims that one can construct a critical rational theory without much of the problematic addenda that Habermas requires, particularly the need for a tripartite theory of validity claims. (shrink)

Let us give voice to this new demand: we need a critique of moral values, the value of these values should itself, for once, be examined. -Friedrich NietzscheAnyone who, stimulated by education, has come to feel the force of the various obligations in life, at some time or other comes to feel the irksomeness of carrying them out, and to recognize the sacrifice of interest involved; and, if thoughtful, he inevitably puts to himself the question: “Is there really a reason (...) why I should act in the ways in which hitherto I have thought I ought to act? … Should I not really be justified in simply trying to have a good time?” -H.A. Prichard. (shrink)

Some accounts of moral responsibility hold that an agent's responsibility is completely determined by some aspect of the agent's mental life at the time of action. For example, some hold that an agent is responsible if and only if there is an appropriate mesh among the agent's particular psychological elements. It is often objected that the particular features of the agent's mental life to which these theorists appeal (such as a particular structure or mesh) are not necessary for responsibility. This (...) is because there appear to be cases in which an agent acts at an earlier time which causes her to lack the appropriate psychological features at some later time and yet, intuitively, she is responsible at that later .. (shrink)

Explaining the notion of legal luck and exploring its justification. Focusing on how legal luck relates to moral luck, legal causation and negligence, and to civil and criminal liability.

The classical principle of double effect offers permissibility conditions for actions foreseen to lead to evil outcomes. I shall argue that certain kinds of closeness cases, as well as general heuristic considerations about the order of explanation, lead us to replace the intensional concept of intention with the extensional concept of accomplishment in double effect.

Unlike any other field, the science of morality has drawn attention from an extraordinarily diverse set of disciplines. An interdisciplinary research program has formed in which economists, biologists, neuroscientists, psychologists, and even philosophers have been eager to provide answers to puzzling questions raised by the existence of human morality. Models and simulations, for a variety of reasons, have played various important roles in this endeavor. Their use, however, has sometimes been deemed as useless, trivial and inadequate. The role of models (...) in the science of morality has been vastly underappreciated. This omission shall be remedied here, offering a much more positive picture on the contributions modelers made to our understanding of morality. (shrink)

Many philosophers ignore developments in the behavioral, cognitive, and neurosciences that purport to challenge our ideas of free will and responsibility. The reason for this is that the challenge is often framed as a denial of the idea that we are able to act differently than we do. However, most philosophers think that the ability to do otherwise is irrelevant to responsibility and free will. Rather it is our ability to act for reasons that is crucial. We argue that the (...) scientific findings indicate that it is not so obvious that our views of free will and responsibility can be grounded in the ability to act for reasons without introducing metaphysical obscurities. This poses a challenge to philosophers. We draw the conclusion that philosophers are wrong not to address the recent scientific developments and that scientists are mistaken in formulating their challenge in terms of the freedom to do otherwise. (shrink)

Suppose that you prefer A to B, B to C, and C to A. Your preferences violate Expected Utility Theory by being cyclic. Money-pump arguments offer a way to show that such violations are irrational. Suppose that you start with A. Then you should be willing to trade A for C and then C for B. But then, once you have B, you are offered a trade back to A for a small cost. Since you prefer A to B, you (...) pay the small sum to trade from B to A. But now you have been turned into a money pump. You are back to the alternative you started with but with less money. This Element shows how each of the axioms of Expected Utility Theory can be defended by money-pump arguments of this kind. The Element also defends money-pump arguments from the standard objections to this kind of approach. This title is also available as Open Access on Cambridge Core. (shrink)

This paper argues against the unity of the virtues, while trying to salvage some of its attractive aspects. I focus on the strongest argument for the unity thesis, which begins from the premise that true virtue cannot lead its possessor morally astray. I suggest that this premise presupposes the possibility of completely insulating an agent’s set of virtues from any liability to moral error. I then distinguish three conditions that separately foreclose this possibility, concentrating on the proposition that there is (...) more to morality than virtue alone—that is, not all moral considerations are ones to which some virtue is characteristically sensitive. If the virtues are not unified, the situationist critique of virtue ethics also turns out to be more difficult to establish than some have supposed. (shrink)

I argue that it’s quite comprehensible to get upset about metaethical nihilism, to indulge what I call nihilistic despair. When we lose the objective moral or normative point of view, we lose the promise of luck-immune guidance and categorical importance, things many of us hope for. This is all quite Williams-friendly, but I reject his puzzling but suggestive remarks that nihilistic despair must be a self-pitying muddle. Finally, I argue that internalism about reasons is even more depressing than outright nihilism, (...) in one way at least. (shrink)

Sabina Lovibond invites her readers to see how the "practical reason view of ethics" can survive challenges from within philosophy and from the antirationalist postmodern critique of reason. She elaborates and defends a modern practical-reason view of ethics by focusing on virtue or ideal states of character that involve sensitivity to the objective reasons circumstances bring into play. At the heart of her argument is the Aristotelian idea of the formation of character through upbringing; these ancient ideas can be made (...) contemporary if one understands them in a naturalized way. She then explores the implications that arise from the naturalization of the classical view, weaving into her theory ideas of Jacques Derrida and J. L. Austin. The book also discusses two modes of resistance to an existing ethical culture--one committed to the critical employment of shared norms of rationality, the other aspiring to a more radical attitude, grounded in hostility to the "universal." Lovibond tries to determine what may be correct in this second, admittedly paradoxical, tendency. This is a timely and valuable effort to connect the most advanced forms of thinking in the analytic tradition and in the Continental tradition, and to extend our understanding of the intimacies and resistances between these two prominent strands of contemporary philosophy. (shrink)

What is virtue? How can we lead moral lives? Exploring how contemporary moral philosophy has led to a revival of interest in the concepts of 'virtue', 'character' and 'flourishing', this is an accessible and critical introduction to virtue ethics. The book includes chapter summaries and guides to further reading throughout to help readers explore, understand and develop a critical perspective towards this important school of contemporary ethical thought.

It is gratifying to me, though perhaps it will be disappointing to you, to discover that Neil Levy and I agree on much of what to say about the morality of punishment. His summary of the contents of The Immorality of Punishment is both generous and, for the most part, accurate, and the concerns that he raises are certainly reasonable. In what follows, I will address what I take to be the most significant of these concerns.IAs Levy notes, in the (...) book I discuss alleged moral justifications of legal punishment that have been proposed both from a retributivist and from a non-retributivist perspective. What I take to be my two most significant arguments—the Argument from Ignorance and the Argument from Luck—concern the former perspective, but let me say something first about some of the reasons I gave for doubting that legal punishment can be morally justified on non-retributivist grounds. I considered three such grounds: rehabilitation, by either educative or non-educative means, of the pe .. (shrink)

I explore the Because Constraint—the idea that moral facts depend on natural facts and that moral judgements ought to respect the dependence of moral facts on natural facts. I consider several issues concerning its clarification and importance.

The aim of this paper is to improve our understanding of the category of moral “luck”. In current debate most often only specific cases of moral “luck” are taken into account. Such restrictions, however, involving a fragmentary picture of moral "luck", are introduced without any rationale for them. In this paper I look for a formal comprehensiveness of the category of moral “luck”. I consider three factors each of which is developed in two scenarios. These are (i) whether the agent’s (...) action is nasty or nice, (ii) whether the agent’s intention is confirmed or contradicted by her action, and (iii) whether the agent’s action is preceded by her intention or the lack thereof. I explore eight scenarios which are a mark of the intricacy of the category of moral “luck” otherwise ignored in the literature. After an assessment of their structure I arrive at new distinctions. The upshot is a rather complex set of correlations between several cases of moral “luck” with a variety of kinds and shades. (shrink)

In this paper, we motivate, propose and defend the following two conditions as individually sufficient and disjunctively necessary for moral responsibility: PODMA —originally proposed by Coren, Acta Analytica, 33, 145–159,, now cast as sufficient rather than necessary—and the TWC*, which amends versions presented by Young, 961–969, 2016; Philosophia, 45, 1365–1380, 2017). We explain why there is a need for new necessary and sufficient conditions, how these build on and improve existing ideas, particularly in relation to Frankfurt-style counterexamples and the continuing (...) discussion on their effectiveness, and why PODMA and the TWC* are good candidates. Finally, we defend the proposal against anticipated objections in order to clarify why we think these individually sufficient and disjunctively necessary conditions are plausible and able to inform the ongoing debate on the role of alternate possibilities in the ascription of moral responsibility. (shrink)

Moral judgments, we expect, ought not to depend on luck. A person should be blamed only for actions and outcomes that were under the person’s control. Yet often, moral judgments appear to be influenced by luck. A father who leaves his child by the bath, after telling his child to stay put and believing that he will stay put, is judged to be morally blameworthy if the child drowns (an unlucky outcome), but not if his child stays put and doesn’t (...) drown. Previous theories of moral luck suggest that this asymmetry reflects primarily the influence of unlucky outcomes on moral judgments. In the current study, we use behavioral methods and fMRI to test an alternative: these moral judgments largely reflect participants’ judgments of the agent’s beliefs. In “moral luck” scenarios, the unlucky agent also holds a false belief. Here, we show that moral luck depends more on false beliefs than bad outcomes. We also show that participants with false beliefs are judged as having less justified beliefs and are therefore judged as more morally blameworthy. The current study lends support to a rationalist account of moral luck: moral luck asymmetries are driven not by outcome bias primarily, but by mental state assessments we endorse as morally relevant, i.e. whether agents are justified in thinking that they won’t cause harm. (shrink)

Utilitarianism focuses on the optimization of personal well being in ways that seems to make the practice of medicine irrelevant to the well being of the practitioners, unless given external incentives such as money or honor. Care based on indirect incentives is considered inferior to care motivated internally. This leads to the paradox of utilitarian care. Following Nozick's conceptual Pleasure Machine it is argued that in addition to the promotion of personal well being, people care about fulfilling their well being (...) in a world which is real, just, good, and beautiful. Complete mechanization of social and personal life in accordance with a strict utilitarian regime is also incompatible with the kind of world people desire, even if it promises more fulfillments in terms of personal well being. This explains the so-called Taurek-Parfit paradox, according to which sometimes ethics seems “to count the numbers” and sometimes not. The very pursuit of utilitarianism does not contribute to any personal life plan. The helping professions make the world a better place for us to live in, even though they do not necessarily bear directly on the well being of any individual other than the recipients of care. This resolves the paradox of utilitarian care. (shrink)

In liberal political theory, meaningful work is conceptualised as a preference in the market. Although this strategy avoids transgressing liberal neutrality, the subsequent constraint upon state intervention aimed at promoting the social and economic conditions for widespread meaningful work is normatively unsatisfactory. Instead, meaningful work can be understood to be a fundamental human need, which all persons require in order to satisfy their inescapable interests in freedom, autonomy, and dignity. To overcome the inadequate treatment of meaningful work by liberal political (...) theory, I situate the good of meaningful work within a liberal perfectionist framework, from which standpoint I develop a normative justification for making meaningful work the object of political action. To understand the content of meaningful work, I make use of Susan Wolf’s distinct value of meaningfulness, in which she brings together the dimensions of objectivity and subjectivity into the ‘bipartite value’ of meaningfulness (BVM) (Wolf, Meaning in life and why it matters, 2010). However, in order to be able to incorporate the BVM into our lives, we must become valuers, that is, co-creators of values and meanings. This demands that we acquire the relevant capabilities and status as co-authorities in the realm of value. I conclude that meaningful work is of first importance because it is a fundamental human need, and that society ought to be arranged to allow as many people as possible to experience their work as meaningful through the development of the relevant capabilities. (shrink)

L.A. Paul argues that “transformative experiences” challenge our hopes to live up to an ideal that she believes is upheld within western, wealthy cultures. If these experiences reveal information to us about the world and ourselves that is in principle unavailable to us before we undergo them, it seems that there is no hope for us to be rational, authentic and autonomous masters of our own lives. Supposing that Paul is right about this, how concerned should we be? Here, I (...) challenge the ideal of "rational mastery" that guides Paul’s project, and which must be granted in order to motivate the philosophical challenge purportedly generated by experiences that drastically change who we are and what we know. (shrink)

This paper explores what happens when artists fail to execute their goals. I argue that taxonomies of failure in general, and of failed-art in particular, should focus on the attempts which generate the failed-entity, and that to do this they must be sensitive to an attempt’s orientation. This account of failed-attempts delivers three important new insights into artistic practice: there can be no accidental art, only deliberate and incidental art; art’s intention-dependence entails the possibility of performative failure, but not of (...) failed-art; and art’s intention-dependence is perfectly compatible with the role that luck plays in artistic creation. (shrink)

Legal ethics theory focuses on the moral problem of lawyers pursuing morally suspect (but lawful) ends and using morally suspect (but lawful) means. It considers possible justifications for lawyers' conduct arising from moral or political philosophy, and how those justifications may require shifts in the lawyer's role. This paper argues that legal ethics theory needs to expand its focus to consider other ethical aspects of the lawyer's role and, in particular, the extent to which being a lawyer can complicate, or (...) contribute to, the accomplishment of a meaningful life. Meaning—defined by Susan Wolf as 'loving something (or a number of things) worth of love, and being able to engage with it (or them) in a positive way'—will be affected in positive and negative ways by the moral dimensions of the lawyer's role, but also by broader aspects of legal practice. The paper further argues that legal ethics theory needs to be more sensitive to contextual variations in legal practice. The ethical challenges and opportunities of legal practice, both its meaning and its morality, are contextually specific in ways legal ethics theory has not sufficiently accounted for. The paper discusses how meaning and context can be included in analysis of the ethics of a lawyer's life. (shrink)