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Freedom Within Reason

New York: Oup Usa (1990)

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  1. What Matters in Survival: Self-determination and The Continuity of Life Trajectories.Heidi Brock - 2024 - Acta Analytica 39 (1):37-56.
    In this paper, I argue that standard psychological continuity theory does not account for an important feature of what is important in survival – having the property of personhood. I offer a theory that can account for this, and I explain how it avoids the implausible consequences of standard psychological continuity theory, as well as having certain other advantages over that theory.
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  • Ethical Consumption, Consumer Self-Governance, and the Later Foucault.Noah Quastel - 2008 - Dialogue 47 (1):25-52.
    This article analyzes the later work of Michel Foucault on ethics, freedom, and self-governance as it applies to the ethics of consumption and to new ethical consumerist movements such as fair-trade coffee. Foucault's emphasis on practices of the self helps elucidate the virtue ethics involved in consumption choices. Ethical consumption is cast as a set of practices of self-development: through critical activity and the quest for freedom, persons seek to transform themselves to live in reciprocal relationships with other persons and (...)
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  • Free Will & Empirical Arguments for Epiphenomenalism.Nadine Elzein - 2019 - In Peter Róna & László Zsolnai (eds.), Agency and Causal Explanation in Economics. Virtues and Economics, vol 5. Springer. pp. 3-20.
    While philosophers have worried about mental causation for centuries, worries about the causal relevance of conscious phenomena are also increasingly featuring in neuroscientific literature. Neuroscientists have regarded the threat of epiphenomenalism as interesting primarily because they have supposed that it entails free will scepticism. However, the steps that get us from a premise about the causal irrelevance of conscious phenomena to a conclusion about free will are not entirely clear. In fact, if we examine popular philosophical accounts of free will, (...)
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  • The Autonomy of the Contracting Partners: An Argument for Heuristic Contractarian Business Ethics.Gjalt De Graaf - 2006 - Journal of Business Ethics 68 (3):347 - 361.
    Due to the domain characteristics of business ethics, a contractarian theory for business ethics will need to be essentially different from the contract model as it is applied to other domains. Much of the current criticism of contractarian business ethics (CBE) can be traced back to autonomy, one of its three boundary conditions. After explaining why autonomy is so important, this article considers the notion carefully vis à vis the contracting partners in the contractarian approaches in business ethics. Autonomy is (...)
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  • Free Will and the Bounds of the Self.Joshua Knobe & Shaun Nichols - 2001 - In Robert H. Kane (ed.), Oxford Handbook on Free Will. Oxford University Press.
    If you start taking courses in contemporary cognitive science, you will soon encounter a particular picture of the human mind. This picture says that the mind is a lot like a computer. Specifically, the mind is made up of certain states and certain processes. These states and processes interact, in accordance with certain general rules, to generate specific behaviors. If you want to know how those states and processes got there in the first place, the only answer is that they (...)
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  • A Compatibilist Theory of Alternative Possibilities.Joseph Keim Campbell - 1997 - Philosophical Studies 88 (3):319-330.
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  • Pattern theory of self and situating moral aspects: the need to include authenticity, autonomy and responsibility in understanding the effects of deep brain stimulation.Przemysław Zawadzki - 2022 - Phenomenology and the Cognitive Sciences 21 (3):559-582.
    The aims of this paper are to: (1) identify the best framework for comprehending multidimensional impact of deep brain stimulation on the self; (2) identify weaknesses of this framework; (3) propose refinements to it; (4) in pursuing (3), show why and how this framework should be extended with additional moral aspects and demonstrate their interrelations; (5) define how moral aspects relate to the framework; (6) show the potential consequences of including moral aspects on evaluating DBS’s impact on patients’ selves. Regarding (...)
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  • Is punishment backward? On neurointerventions and forward‐looking moral responsibility.Przemysław Zawadzki - 2022 - Bioethics 37 (2):183-191.
    This article focuses on justified responses to “immoral” behavior and crimes committed by patients undergoing neuromodulation therapies. Such patients could be held morally responsible in the basic desert sense—the one that serves as a justification of severe practices such as backward‐looking moral outrage, condemnation, and legal punishment—as long as they possess certain compatibilist capabilities that have traditionally served as the quintessence of free will, that is, reasons‐responsiveness; attributability; answerability; the abilities to act in accordance with moral reasons, second‐order volitions, or (...)
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  • Free will and agency at its best.Gideon Yaffe - 2000 - Philosopical Perspectives 14 (s14):203-230.
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  • Asymmetries in judgments of responsibility and intentional action.Jennifer Cole Wright & John Bengson - 2009 - Mind and Language 24 (1):24-50.
    Abstract: Recent experimental research on the 'Knobe effect' suggests, somewhat surprisingly, that there is a bi-directional relation between attributions of intentional action and evaluative considerations. We defend a novel account of this phenomenon that exploits two factors: (i) an intuitive asymmetry in judgments of responsibility (e.g. praise/blame) and (ii) the fact that intentionality commonly connects the evaluative status of actions to the responsibility of actors. We present the results of several new studies that provide empirical evidence in support of this (...)
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  • Regulation Enables: Corporate Agency and Practices of Responsibility.Garrath Williams - 2019 - Journal of Business Ethics 154 (4):989-1002.
    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 (...)
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  • Responsibility as a Virtue.Garrath Williams - 2008 - Ethical Theory and Moral Practice 11 (4):455-470.
    Philosophers usually discuss responsibility in terms of responsibility for past actions or as a question about the nature of moral agency. Yet the word responsibility is fairly modern, whereas these topics arguably represent timeless concerns about human agency. This paper investigates another use of responsibility, that is particularly important to modern liberal societies: responsibility as a virtue that can be demonstrated by individuals and organisations. The paper notes its initial importance in political contexts, and seeks to explain why we now (...)
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  • Evidence-Responsiveness and Autonomy.Steven Weimer - 2013 - Ethical Theory and Moral Practice 16 (3):621-642.
    It is plausible to think that part of what it is to be an autonomous agent is to adequately respond to important changes in one’s circumstances. The agent who has set her own course in life, but is unable to recognize and respond appropriately when evidence arises indicating the need to reconsider and perhaps adjust her plan, lacks an important form of personal autonomy. However, this “evidence-responsiveness” aspect of autonomy has not yet been adequately analyzed. Most autonomy theorists ignore it (...)
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  • A metacompatibilist account of free will: Making compatibilists and incompatibilist more compatible.Bruce N. Waller - 2003 - Philosophical Studies 112 (3):209-224.
    The debate over free will has pittedlibertarian insistence on open alternativesagainst the compatibilist view that authenticcommitments can preserve free will in adetermined world. A second schism in the freewill debate sets rationalist belief in thecentrality of reason against nonrationalistswho regard reason as inessential or even animpediment to free will. By looking deeperinto what motivates each of these perspectivesit is possible to find common ground thataccommodates insights from all those competingviews. The resulting metacompatibilist view offree will bridges some of the differencesbetween (...)
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  • A Dilemma for Reductive Compatibilism.Robert H. Wallace - 2023 - Erkenntnis 88 (7):2763–2785.
    A common compatibilist view says that we are free and morally responsible in virtue of the ability to respond aptly to reasons. Many hold a version of this view despite disagreement about whether free will requires the ability to do otherwise. The canonical version of this view is reductive. It reduces the pertinent ability to a set of modal properties that are more obviously compatible with determinism, like dispositions. I argue that this and any reductive view of abilities faces a (...)
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  • What Happens When Someone Acts?J. David Velleman - 1992 - Mind 101 (403):461-481.
    What happens when someone acts? A familiar answer goes like this. There is something that the agent wants, and there is an action that he believes conducive to its attainment. His desire for the end, and his belief in the action as a means, justify taking the action, and they jointly cause an intention to take it, which in turn causes the corresponding movements of the agent's body. I think that the standard story is flawed in several respects. The flaw (...)
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  • Reasons for Meaningful Human Control.Herman Veluwenkamp - 2022 - Ethics and Information Technology 24 (4):1-9.
    ”Meaningful human control” is a term invented in the political and legal debate on autonomous weapons system, but it is nowadays also used in many other contexts. It is supposed to specify conditions under which an artificial system is under the right kind of control to avoid responsibility gaps: that is, situations in which no moral agent is responsible. Santoni de Sio and Van den Hoven have recently suggested a framework that can be used by system designers to operationalize this (...)
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  • Identifications, Volitions and the Case of Successful Psychopaths.Somogy Varga - 2015 - Dialectica 69 (1):87-106.
    While many profound philosophical questions arise about psychopaths, I wish to draw attention to two limitations in current debates. First, philosophers mainly deal with offender and forensic populations neglecting so-called ‘successful’ psychopaths. Second, philosophers mainly focus on the issue of empathy and responsibility, while relatively little attention is paid to volitional aspects. I address these two limitations together and argue that ‘successful’ psychopaths are volitionally constrained. In order to grasp and explore this deficiency, I argue in favour of a more (...)
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  • Autonomy, Wellbeing, and the Case of the Refusing Patient.Jukka Varelius - 2005 - Medicine, Health Care and Philosophy 9 (1):117-125.
    A moral problem arises when a patient refuses a treatment that would save her life. Should the patient be treated against her will? According to an influential approach to questions of biomedical ethics, certain considerations pertaining to individual autonomy provide a solution to this problem. According to this approach, we should respect the patient’s autonomy and, since she has made an autonomous decision against accepting the treatment, she should not be treated. This article argues against the view that our answer (...)
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  • Is Incompatibilism Intuitive?Jason Turner, Eddy Nahmias, Stephen Morris & Thomas Nadelhoffer - 2007 - Philosophy and Phenomenological Research 73 (1):28-53.
    Incompatibilists believe free will is impossible if determinism is true, and they often claim that this view is supported by ordinary intuitions. We challenge the claim that incompatibilism is intuitive to most laypersons and discuss the significance of this challenge to the free will debate. After explaining why incompatibilists should want their view to accord with pretheoretical intuitions, we suggest that determining whether incompatibilism is in fact intuitive calls for empirical testing. We then present the results of our studies, which (...)
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  • Responsibility for implicitly biased behavior: A habit‐based approach.Josefa Toribio - 2021 - Journal of Social Philosophy 53 (2):239-254.
    This paper has a two-fold goal. First, I defend the view that the prejudicial behaviour that results from implicit biases is best understood as a type of habitual action—as a harmful, yet deeply entrenched, passively acquired, socially relevant type of habit. Second, I explore how characterizing such implicitly biased behaviour as a habit aids our understanding of the responsibility we bear for it. As habits are ultimately susceptible of being controlled, agents ought to be held responsible for their implicit biased (...)
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  • The rationality of collective guilt.Deborah Tollefsen - 2006 - Midwest Studies in Philosophy 30 (1):222–239.
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  • Does God Have the Moral Standing to Blame?Patrick Todd - 2018 - Faith and Philosophy 35 (1):33-55.
    In this paper, I introduce a problem to the philosophy of religion – the problem of divine moral standing – and explain how this problem is distinct from (albeit related to) the more familiar problem of evil (with which it is often conflated). In short, the problem is this: in virtue of how God would be (or, on some given conception, is) “involved in” our actions, how is it that God has the moral standing to blame us for performing those (...)
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  • Conceptualizing Coercive Indoctrination in Moral and Legal Philosophy.Evan Tiffany - 2022 - Criminal Law and Philosophy 16 (1):153-179.
    This paper argues that there are compelling grounds for thinking that coercive indoctrination can defeat or mitigate moral culpability in virtue of being a form of non-culpable moral ignorance. That is, I defend a two-tier account such that what excuses an agent for a wrongful act is the agent’s ignorance regarding the moral quality of their act; and what excuses the defendant for their ignorance is that coercion or manipulation deprived the defendant of a fair opportunity to avoid that ignorance. (...)
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  • Quality of Reasons and Degrees of Responsibility.Hannah Tierney - 2019 - Australasian Journal of Philosophy 97 (4):661-672.
    Traditionally, theories of moral responsibility feature only the minimally sufficient conditions for moral responsibility. While these theories are well-suited to account for the threshold of responsibility, it’s less clear how they can address questions about the degree to which agents are responsible. One feature that intuitively affects the degree to which agents are morally responsible is how difficult performing a given action is for them. Recently, philosophers have begun to develop accounts of scalar moral responsibility that make use of this (...)
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  • Desperately seeking sourcehood.Hannah Tierney & David Glick - 2020 - Philosophical Studies 177 (4):953-970.
    In a recent essay, Deery and Nahmias :1255–1276, 2017) utilize interventionism about causation to develop an account of causal sourcehood in order to defend compatibilism about free will and moral responsibility from manipulation arguments. In this paper, we criticize Deery and Nahmias’s analysis of sourcehood by drawing a distinction between two forms of causal invariance that can come into conflict on their account. We conclude that any attempt to resolve this conflict will either result in counterintuitive attributions of moral responsibility (...)
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  • What's Wrong With Undermatching?Michael Tiboris - 2014 - Journal of Philosophy of Education 48 (4):646-664.
    ‘Undermatched’ is the name education researchers have given to the surprisingly large number of students who attend post-secondary institutions which are less selective than their academic credentials would permit, or who simply fail to even apply for college when they are qualified to do so. At first, this might seem like an obviously bad trend, especially as rates of undermatching are much higher among students from low-income backgrounds. This article argues, however, that individual cases of undermatching are sometimes morally acceptable (...)
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  • Moral Competence, Moral Blame, and Protest.Matthew Talbert - 2012 - The Journal of Ethics 16 (1):89-109.
    I argue that wrongdoers may be open to moral blame even if they lacked the capacity to respond to the moral considerations that counted against their behavior. My initial argument turns on the suggestion that even an agent who cannot respond to specific moral considerations may still guide her behavior by her judgments about reasons. I argue that this explanation of a wrongdoer’s behavior can qualify her for blame even if her capacity for moral understanding is impaired. A second argument (...)
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  • Accountability and the thoughts in reactive attitudes.Jada Twedt Strabbing - 2019 - Philosophical Studies 176 (12):3121-3140.
    As object-directed emotions, reactive attitudes can be appropriate in the sense of fitting, where an emotion is fitting in virtue of accurately representing its target. I use this idea to argue for a theory of moral accountability: an agent S is accountable for an action A if and only if A expresses S’s quality of will and S has the capacity to recognize and respond to moral reasons. For the sake of argument, I assume that a reactive attitude is fitting (...)
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  • The Metaphysical Presuppositions of Moral Responsibility.Helen Steward - 2012 - The Journal of Ethics 16 (2):241-271.
    The paper attempts to explicate and justify the position I call `Agency Incompatibilism'- that is to say, the view that agency itself is incompatible with determinism. The most important part of this task is the characterisation of the conception of agency on which the position depends; for unless this is understood, the rationale for the position is likely to be missed. The paper accordingly proceeds by setting out the orthodox philosophical position concerning what it takes for agency to exist, before (...)
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  • The incentives account of feasibility.Zofia Stemplowska - 2020 - Philosophical Studies 178 (7):2385-2401.
    In Utopophobia Estlund offers a prominent version of a conditional account of feasibility. I think the account is too permissive. I defend an alternative incentives account of feasibility. The incentives account preserves the spirit of the conditional account but qualifies fewer actions as feasible. Simplified, the account holds that an action is feasible if there is an incentive such that, given the incentive, the agent is likely to perform the action successfully. If we accept that ought implies feasible, then we (...)
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  • Doxastic freedom.Matthias Steup - 2008 - Synthese 161 (3):375-392.
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  • What Makes a Manipulated Agent Unfree?Chandra Sekhar Sripada - 2011 - Philosophy and Phenomenological Research 85 (3):563-593.
    Incompatibilists and compatibilists (mostly) agree that there is a strong intuition that a manipulated agent, i.e., an agent who is the victim of methods such as indoctrination or brainwashing, is unfree. They differ however on why exactly this intuition arises. Incompatibilists claim our intuitions in these cases are sensitive to the manipulated agent’s lack of ultimate control over her actions, while many compatibilists argue that our intuitions respond to damage inflicted by manipulation on the agent’s psychological and volitional capacities. Much (...)
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  • The Deep Self Model and asymmetries in folk judgments about intentional action.Chandra Sekhar Sripada - 2010 - Philosophical Studies 151 (2):159-176.
    Recent studies by experimental philosophers demonstrate puzzling asymmetries in people’s judgments about intentional action, leading many philosophers to propose that normative factors are inappropriately influencing intentionality judgments. In this paper, I present and defend the Deep Self Model of judgments about intentional action that provides a quite different explanation for these judgment asymmetries. The Deep Self Model is based on the idea that people make an intuitive distinction between two parts of an agent’s psychology, an Acting Self that contains the (...)
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  • Self-expression: a deep self theory of moral responsibility.Chandra Sripada - 2016 - Philosophical Studies 173 (5):1203-1232.
    According to Dewey, we are responsible for our conduct because it is “ourselves objectified in action”. This idea lies at the heart of an increasingly influential deep self approach to moral responsibility. Existing formulations of deep self views have two major problems: They are often underspecified, and they tend to understand the nature of the deep self in excessively rationalistic terms. Here I propose a new deep self theory of moral responsibility called the Self-Expression account that addresses these issues. The (...)
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  • Frankfurt’s Unwilling and Willing Addicts.Chandra Sripada - 2017 - Mind 126 (503):781-815.
    Harry Frankfurt’s Unwilling Addict and Willing Addict cases accomplish something fairly unique: they pull apart the predictions of control-based views of moral responsibility and competing self-expression views. The addicts both lack control over their actions but differ in terms of expression of their respective selves. Frankfurt’s own view is that—in line with the predictions of self-expression views—the unwilling addict is not morally responsible for his drug-directed actions while the willing addict is. But is Frankfurt right? In this essay, I put (...)
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  • Free will and the construction of options.Chandra Sripada - 2016 - Philosophical Studies 173 (11):2913-2933.
    What are the distinctive psychological features that explain why humans are free, but many other creatures, such as simple animals, are not? It is natural to think that the answer has something to do with unique human capacities for decision-making. Philosophical discussions of how decision-making works, however, are tellingly incomplete. In particular, these discussions invariably presuppose an agent who has a mentally represented set of options already fully in hand. The emphasis is largely on the selective processes that identify the (...)
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  • Dupes of Patriarchy: Feminist Strong Substantive Autonomy's Epistemological Weaknesses.Elizabeth Sperry - 2013 - Hypatia 28 (4):887-904.
    Feminist strong substantive autonomy (FSSA), as presented by Natalie Stoljar and Anita Superson, pronounces judgment on the autonomy status of certain women living under oppression. These women act on deformed desires, Superson explains, and as deformed desires cannot be the agent's own, the women are heteronomous. Stoljar argues that some women's choices violate the Feminist Intuition; by acting on false and oppressive values, these women render themselves heteronomous. I argue against Stoljar and Superson on epistemological grounds. I present six different (...)
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  • Able to Do the Impossible.Jack Spencer - 2017 - Mind 126 (502):466-497.
    According to a widely held principle—the poss-ability principle—an agent, S, is able to only if it is metaphysically possible for S to. I argue against the poss-ability principle by developing a novel class of counterexamples. I then argue that the consequences of rejecting the poss-ability principle are interesting and far-reaching.
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  • Infeasibility as a normative argument‐stopper: The case of open borders.Nicholas Southwood & Robert E. Goodin - 2021 - European Journal of Philosophy 29 (4):965-987.
    The open borders view is frequently dismissed for making infeasible demands. This is a potent strategy. Unlike normative arguments regarding open borders, which tend to be relatively intractable, the charge of infeasibility is supposed to operate as what we call a "normative argument-stopper." Nonetheless, we argue that the strategy fails. Bringing about open borders is perfectly feasible on the most plausible account of feasibility. We consider and reject what we take to be the only three credible ways to save the (...)
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  • Ability and Volitional Incapacity.Nicholas Southwood & Pablo Gilabert - 2016 - Journal of Ethics and Social Philosophy 10 (3):1-8.
    The conditional analysis of ability faces familiar counterexamples involving cases of volitional incapacity. An interesting response to the problem of volitional incapacity is to try to explain away the responses elicited by such counterexamples by distinguishing between what we are able to do and what we are able to bring ourselves to do. We argue that this error-theoretic response fails. Either it succeeds in solving the problem of volitional incapacity at the cost of making the conditional analysis vulnerable to obvious (...)
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  • Moral responsibility: The difference of Strawson, and the difference it should make.Andrew Sneddon - 2005 - Ethical Theory and Moral Practice 8 (3):239-264.
    P.F. Strawson’s work on moral responsibility is well-known. However, an important implication of the landmark “Freedom and Resentment” has gone unnoticed. Specifically, a natural development of Strawson’s position is that we should understand being morally responsible as having externalistically construed pragmatic criteria, not individualistically construed psychological ones. This runs counter to the contemporary ways of studying moral responsibility. I show the deficiencies of such contemporary work in relation to Strawson by critically examining the positions of John Martin Fischer and Mark (...)
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  • Volitional excuses, self-narration, and blame.Marion Smiley - 2014 - Phenomenology and the Cognitive Sciences 13 (1):85-101.
    “I didn’t know what I was doing”. “I was totally out of control.” Since we accept and reject such excuses all the time in practice—and frequently do so with great confidence—we might be expected to have grasped what it means for a volitional excuse to be valid in general and to have developed a well thought out set of criteria for judging the validity of such excuses in practice. But, as it turns out, we have not done either of these (...)
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  • The importance of what they care about.Matthew Noah Smith - 2013 - Philosophical Studies 165 (2):297-314.
    Many forms of contemporary morality treat the individual as the fundamental unit of moral importance. Perhaps the most striking example of this moral vision of the individual is the contemporary global human rights regime, which treats the individual as, for all intents and purposes, sacrosanct. This essay attempts to explore one feature of this contemporary understanding of the moral status of the individual, namely the moral significance of a subject’s actual affective states, and in particular her cares and commitments. I (...)
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  • Responsibility, Reactive Attitudes, and “The Morality System”. [REVIEW]Angela M. Smith - 2020 - Ethical Theory and Moral Practice 24 (1):333-345.
    This paper explores one facet of Paul Russell’s unique “critical compatibilist” position on moral responsibility, which concerns his rejection of R. Jay Wallace’s “narrow construal” of moral responsibility as a concept tied exclusively to the Strawsonian reactive attitudes of resentment, indignation, and guilt. After explaining Russell’s critique of Wallace’s view, the paper considers a Wallace-inspired challenge based on the idea that questions of moral responsibility raise distinct issues of “fairness” that apply only to a narrow subset of the Strawsonian reactive (...)
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  • Responsibility as Answerability.Angela M. Smith - 2015 - Inquiry: An Interdisciplinary Journal of Philosophy 58 (2):99-126.
    ABSTRACTIt has recently become fashionable among those who write on questions of moral responsibility to distinguish two different concepts, or senses, of moral responsibility via the labels ‘responsibility as attributability’ and ‘responsibility as accountability’. Gary Watson was perhaps the first to introduce this distinction in his influential 1996 article ‘Two Faces of Responsibility’ , but it has since been taken up by many other philosophers. My aim in this study is to raise some questions and doubts about this distinction and (...)
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  • Non-Tracing Cases of Culpable Ignorance.Holly M. Smith - 2011 - Criminal Law and Philosophy 5 (2):115-146.
    Recent writers on negligence and culpable ignorance have argued that there are two kinds of culpable ignorance: tracing cases, in which the agent’s ignorance traces back to some culpable act or omission of hers in the past that led to the current act, which therefore arguably inherits the culpability of that earlier failure; and non-tracing cases, in which there is no such earlier failure, so the agent’s current state of ignorance must be culpable in its own right. An unusual but (...)
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  • Control, responsibility, and moral assessment.Angela M. Smith - 2008 - Philosophical Studies 138 (3):367 - 392.
    Recently, a number of philosophers have begun to question the commonly held view that choice or voluntary control is a precondition of moral responsibility. According to these philosophers, what really matters in determining a person’s responsibility for some thing is whether that thing can be seen as indicative or expressive of her judgments, values, or normative commitments. Such accounts might therefore be understood as updated versions of what Susan Wolf has called “real self views,” insofar as they attempt to ground (...)
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  • Group Action Without Group Minds.Kenneth Silver - 2022 - Philosophy and Phenomenological Research 104 (2):321-342.
    Groups behave in a variety of ways. To show that this behavior amounts to action, it would be best to fit it into a general account of action. However, nearly every account from the philosophy of action requires the agent to have mental states such as beliefs, desires, and intentions. Unfortunately, theorists are divided over whether groups can instantiate these states—typically depending on whether or not they are willing to accept functionalism about the mind. But we can avoid this debate. (...)
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  • Contrato, virtudes e o problema da punição.Denis Coitinho Silveira - 2016 - Dissertatio 43:11-40.
    O objetivo desse artigo é investigar o problema da justificação da punição, a saber, como é possível justificar normativamente o dano intencional retributivo reprobatório infligido pelo Estado aos ofensores? Nossa estratégia será tentar conectar a função corretiva e os eventos de remorso, arrependimento e perdão do âmbito privado da punição com o domínio público, de forma a questionar a correção normativa da punição legal. Posteriormente, veremos como o contratualismo pode justificar a instituição da punição de uma forma mais eficiente e (...)
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