In this paper, we focus on the moral responsibility of organized groups in light of historicism. Historicism is the view that any morally responsible agent must satisfy certain historical conditions, such as not having been manipulated. We set out four examples involving morally responsible organized groups that pose problems for existing accounts of historicism. We then pose a trilemma: one can reject group responsibility, reject historicism, or revise historicism. We pursue the third option. We formulate a Manipulation Condition and a (...) Guarding Condition as addendums to historicism that are necessary to accommodate our cases of group responsibility. (shrink)

While the contemporary philosophical literature is replete with discussion of the control or freedom required for moral responsibility, only more recently has substantial attention been devoted to the knowledge or awareness required, otherwise called the epistemic condition. This area of inquiry is rapidly expanding, as are the various positions within it. This chapter introduces two major positions: the reasonable expectation view and the quality of will view. The chapter then explores two dimensions of the epistemic condition that serve as fault (...) lines along which these two views diverge. The first dimension concerns different kinds of ignorance. The second concerns what agents can be directly blameworthy for. The chapter closes by sketching a novel approach that incorporates advantages of opposing positions on this topic. (shrink)

The social categories to which we belong—Latino, disabled, American, woman— causally influence our lives in deep and unavoidable ways. One might be pulled over by police because one is Latino, or one might receive a COVID vaccine sooner because one is American. Membership in these social categories most often falls outside of our control. This paper argues that membership in social categories constitutes a restriction on human agency, creating a situation of non-ideal agency for many human individuals. -/- However, there (...) are ways to resist the causal influence of social categories, and certain socially marginalized groups can be understood as attempting to do just this. I discuss two instances of social category resistance: gender pronouns and the rights of trans individuals. I suggest that the intentional declaration of gender pronouns (“she/her” or “they/them”) can be understood as an attempt to resist the causal powers of nonconsensual social categorization. Similarly, one among many reasons to support the rights of trans individuals is that their self-declarations of gender identity can be viewed as a reclamation of agency in the face of causal constraints imposed by socially defined and imposed gender categories. This lesson can be generalized to people belonging to a broad range of marginalized groups. (shrink)

I argue that there are some situations in which it is praiseworthy to be motivated only by moral rightness de dicto, even if this results in wrongdoing. I consider a set of cases that are challenging for views that dispute this, prioritising concern for what is morally important in moral evaluation. In these cases, the agent is not concerned about what is morally important, does the wrong thing, but nevertheless seems praiseworthy rather than blameworthy. I argue that the views under (...) discussion cannot accommodate this, and should be amended to recognise that it is often praiseworthy to be motivated to do what is right. (shrink)

Does a white philosopher have anything of value to offer to the philosophy of race and racism? If this philosophical subfield must embrace subjective experience, why should we value the perspective of white philosophers whose racial identity is often occluded by racial normativity and who lack substantive experiences of being on the receiving end of racism? Further, if we should be committed to experience, in what sense can the philosophy of race and racism be “objective”? What should that word mean?Tackling (...) this question first, “objective” should at least mean general, that the ideas of the literature can be coherently integrated. An objective take on racism brings together a plurality of perspectives. What’s wrong with just a plurality of satellite ideas? It implies a fragmented approach to ameliorating racism, where different specialists have different recommendations. How can racism, generally, be lessened? If major views of racism are unifiable, then we have a general method to ameliorate racism. This project might appear tone-deaf: a white philosopher unifying things by reducing ideas to some central notion. But this unity isn’t about reducing things but rather integrating them in a way that respects difference. Yet, there’s a reason we should be interested in the white perspective. Whites can speak about racism from a participatory perspective. If whites are knowledgeable, and believe themselves to have no implicit bias, they may suppose they’re “beyond” racism or no longer at risk for perpetuating it. I explore this idea in a psychologically realistic way via my notion of overlooking, where ameliorating racism from the white perspective is an ongoing project. I end by considering how racism is applicable to other philosophical ideas beyond its typical or circumscribed purview. Here, I re-frame responsibility, arguing that we needn’t be forced to choose between responsibility models divided into individual versus social camps. We ought to instead think of responsibility in terms of power, which provides a realistic lens by which persons and groups are held to account. In being more generally convincing, it might actually get folks to take responsibility where they might not otherwise—theory in service of praxis. (shrink)

P.F. Strawson’s account of moral responsibility in “Freedom and Resentment” has been widely influential. In both that paper and in the contemporary literature, much attention has been paid to Strawson’s account of blame in terms of reactive attitudes like resentment and indignation. The Strawsonian view of praise in terms of gratitude has received comparatively little attention. Some, however, have noticed something puzzling about gratitude and accountability. We typically understand accountability in terms of moral demands and expectations. Yet gratitude does not (...) express or enforce moral demands or expectations. So, how is it a way to hold an agent accountable? In a more general manner, we might ask if there is even sense to be made of the idea that agents can be accountable—i.e., “on the hook”—in a positive way. In this paper, I clarify the relationship between gratitude and moral accountability. I suggest that accountability is a matter of engaging with others in a way that is basically concerned with their feelings and attitudes rather than solely a matter of moral demands. Expressions of gratitude are a paradigmatic form of this concerned engagement. I conclude by defending my view from the objection that it leads to an overly generous conception of holding accountable and suggest in reply that moral responsibility skeptics may not help themselves to as many moral emotions as they might have thought. (shrink)

This chapter examines the influence of the empirical sciences (e.g., physics, biology, psychology) in contemporary analytic philosophy, with focus on philosophical theories that are guided by findings from the empirical sciences. Scientific approaches to philosophy follow a tradition of philosophical naturalism associated with Quine, which strives to ally philosophical methods and theories more closely with the empirical sciences and away from a priori theorizing and conceptual analysis.

Whether we are free agents or not and to what extent depends on factors such as the necessary conditions for free will and our definition of human agency and identity. The present article, apart from possible alternatives and the causality of the agent regarding his actions, addresses the element of inclination as a necessary condition for free will. Therefore, an analysis of these conditions determines that even though in some circumstances the range of alternatives the agent can choose is very (...) limited or the agent chooses an action without having the inclination to choose it; however, this does not make the agent forced; rather, free will has levels and every individual possesses a certain extent of it in different conditions. Just the fact that the ultimate choice is made by the agent himself and has voluntarily performed the act himself ultimately is sufficient for being free. As a result, even though the influence of external factors on human actions cannot be disregarded; however, because the action is ultimately not outside his control, accordingly, there is neither such a thing as a compelled agent and nor are our actions left to luck. The character of the agent that is voluntarily formed through our actions plays a determinant role in our choices and actions due to the epistemic and motivational components they possess. (shrink)

This thesis concerns our moral and epistemic responsibilities regarding our concepts. I argue that certain concepts can be morally, epistemically, or socially problematic. This is particularly concerning with regard to our concepts of social kinds, which may have both descriptive and evaluative aspects. Being ignorant of certain concepts, or possessing mistaken conceptions, can be problematic for similar reasons, and contributes to various forms of epistemic injustice. I defend an expanded view of a type of epistemic injustice known as ‘hermeneutical injustice’, (...) where widespread conceptual ignorance puts members of marginalized groups at risk of their distinctive and important experiences lacking intelligible interpretations. Together, I call the use of problematic concepts or the ignorance of appropriate concepts ‘conceptual incapacities’. I discuss the conditions under which we may be responsible for our conceptual incapacities on several major theories of responsibility, developing my own account of responsibility in the process, according to which we are responsible for something just in case it was caused by one of our reasons-responsive constitutive psychological traits. However, I argue that regardless of whether we are responsible for something, we may still be required to take responsibility for it. Whether or not we are responsible for our conceptual incapacities, we are required to reflect critically upon them in a variety of scenarios that throw our use of those concepts into question. I consider the method of conceptual engineering — the philosophical critique and revision of concepts — as one way we might take responsibility for our concepts, or at least, defer that duty to experts. But, this top-down model of conceptual revision is insufficient. Using a pragmatist model of the social epistemology of morality, I argue that conceptual inquiry is a social endeavour in which we are all required to participate, to some degree. (shrink)

For beings that have a beginning in time, free will seems impossible, because our choices seem to be a result of past events over which we had no control. Latter-day Saint theology offers what seems a simple solution: the idea that human beings have always existed in the form of spirits or “intelligences.” While this idea solves some key puzzles, contemplating an infinite past also brings the recognition that causal autonomy is not enough for freedom. A crucial feature of humanity (...) is the ability to move beyond past choices and versions of ourselves. Human freedom involves a dynamic process of identification, alienation, and re-identification through which we develop, improve, and mature as agents. Thinking about freedom over the long run, with attention to both the past and the future, casts the traditional debate over free will in a distinctive light, suggesting fresh possibilities. (shrink)

In recent years, insurance companies have begun tracking their customers’ behaviors and price premiums accordingly. Based on the Market-Failures Approach as well as the Justice-Failures Approach, I provide an ethical analysis of the use of tracking technologies in the insurance industry. I focus on the use of telematics in car insurance and on the use of fitness tracking in life insurance. The use of tracking has some important benefits to policyholders and insurers alike: it reduces moral hazard and fraud, increases (...) actuarial fairness, and incentivizes safe behavior. These benefits, however, are outweighed by significant moral objections. First, the use of tracking technologies significantly undermines the fairness of the interaction between insurance companies and policyholders. Specifically, the use of tracking eliminates information asymmetries, but in such a way that favors insurers exclusively. Furthermore, tracked behaviors and the ability to choose to behave safely are highly correlated with other variables such as income. Therefore, tracking-based insurance relies on and exacerbates existing inequalities and injustices, which undermines the benefits that tracking is supposed to introduce. (shrink)

Addicts are often portrayed as compelled by their addiction and thus as a paradigm of unfree action and mitigated blame. This chapter argues that our best scientific theories of addiction reveal that, psychologically, addicts are not categorically different from non-addicts. There is no pairing of contemporary accounts of addiction and of prominent theories of moral responsibility that can justify our intuitions about the mitigation of addicts but not non-addicts. Two conclusions are advanced. First, we should either treat addicts as we (...) normally treat non-addicts (as fully culpable) or embrace the skeptical conclusion that everyone is less responsible than we thought—perhaps not responsible at all. Second, we should be doubtful that theorizing about responsibility will be advanced by focusing on particular kinds of psychopathologies. (shrink)

This chapter describes the attributionist approach to moral responsibility. Works by Pamela Hieronymi, T.M. Scanlon, Angela Smith, and Matthew Talbert are taken to representative of this approach. On the interpretation given here, attributionism is committed to the following: assessments of moral responsibility are, and ought to be, centrally concerned with the morally significant features of an agent’s orientation toward others that are attributable to her, and an agent is eligible for moral praise or blame solely on the basis of these (...) attributions. Attributionism is presented as rejecting the claim that agents are morally responsible only for what is under their voluntary control, as well as the claim that agents are responsible for wrongdoing only if they could have responded to the moral considerations that spoke against your behavior. These supposed conditions on moral responsibility are rejected for the same reason: agents may reveal features of their selves, in a way that is sufficient for moral responsibility, even in cases in which these conditions are not met. (shrink)

Sometimes we make mistakes, even when we try to do our best. When those mistakes are about normative matters, such as what is required, this leads to a puzzle. This puzzle arises from the possibility of misleading evidence about what rationality requires. I argue that the best way to solve this puzzle is to distinguish between two kinds of evaluation: requirement and appraisal. The strategy I defend connects three distinct debates in epistemology, ethics, and normativity: the debate over how our (...) theories of epistemic rationality should accommodate misleading evidence, the debate over the relationship between complying with requirements and deserving particular appraisals, and the debate over whether normative ignorance can excuse. Part 1 shows how three apparently plausible claims about epistemic rationality generate a puzzle when agents have misleading evidence about what rationality requires. Part 2 solves this puzzle by distinguishing between evaluations of requirement and appraisal and rejecting the idea that one is required to conform to the Enkratic Principle. I argue instead that complying with the Enkratic Principle provides defeasible evidence that the agent should be positively appraised. One of the consequences of this solution is that false normative beliefs can sometimes excuse agents from negative appraisal they would otherwise deserve for violating requirements. Part 3 defends the view that false normative belief can sometimes excuse against the rival views that false normative belief always excuses, and that false normative belief never excuses. I argue that false normative belief can sometimes excuse violations of requirements, when it is the case that the agent has done what it is reasonable to expect of her. (shrink)

Internalism about moral responsibility is the view that moral responsibility is determined primarily by an agent's mental states; externalism is the view that moral responsibility is determined primarily by an agent's overt behaviour and by circumstances external to the agent. In a series of papers, Michelle Ciurria has argued that most if not all current accounts of moral responsibility, including Strawsonian ones, are internalist. Ciurria defends externalism against these accounts, and she argues that, in contrast to his contemporary followers, P.F. (...) Strawson himself was an externalist. I believe that Ciurria's reading of Strawson is problematic. The aim of this paper is to elucidate Strawson's position with regard to the internalism-externalism issue against the background of Ciurria's reading of him. I conclude that Strawson was neither an internalist nor an externalist about moral responsibility. I draw extensively upon the whole body of Strawson's work, much of which is sadly neglected in discussions of ‘Freedom and Resentment’, although it illuminates many of the issues discussed there. (shrink)

In the philosophy of action, agency manifests the capacity of the agent to act. An agent is one who acts voluntarily, consciously and intentionally. This article studies the relationship between virtues and agency to learn to what extent agency is conceptually and metaphysically dependent on moral or epistemic virtues; whether virtue is a necessary condition for action and agency, besides the belief, desire and intention? Or are virtues necessary merely for the moral or epistemic character of the agent and not (...) his agency? If virtues are constructive elements of personal identity, can we say that virtues are necessary for action and agency? If we accept that virtues play a role in agency, the principle of “Ought Implies Can” makes us face a new challenge; which we will discuss. After explaining the concept of action and agency, I will study the relationship between agency and virtues in the field of ethics and epistemology. Ultimately, I conclude that not only in theories of virtue but also in other ethical theories, virtue is independently necessary for the actualization of agency; even if, conceptually, there might not be any relation between the two. In many cases, virtue can also have a crucial role in prudential agency. agency, action, moral virtue, epistemic virtue, the principle of “Ought Implies Can”. * Ph.D., Professor. Department of Islamic Philosophy and Theology, University of Qom, Qom, Iran. ׀ [email protected]. (shrink)

An encyclopedia article on the epistemic or knowledge condition for moral responsibility, written for the SEP.

This thesis examines the tension between the notions of free will and determinism, and how such a tension emanates from a view of freedom which is erroneous. The project starts by showing the presentation of the tension in traditional philosophy, before showing why such a presentation is misplaced once we come to see that freedom itself is only comprehensible within the world. Such an observation provides a way of constructing a new and original notion of freedom, which is more than (...) just a matter of being free to choose, but also encompasses the effect these choices have on us in the form of self-disclosure. Thus, our freedom to choose makes possible self-evaluation and re-evaluation in the context of the world within which our choices are made. Such a notion of freedom affords us the benefit of being able to see that determinism, which is taken here to result from our scientific understanding of ourselves and the world around us, itself rests upon, or is only intelligible on the basis of, our being free in the first place. The thesis thus achieves two goals: on the one hand, it provides us with a new and original notion of freedom, which coheres with the sense-making activity of creatures in a world. On the other hand, it demonstrates how such a notion of freedom can defend itself against the traditional determinist criticism. (shrink)

This 183-page introductory part of my dissertation is an overview of some key debates in philosophical moral psychology and its methodology.

According to the doctrine of informed consent medical procedures are morally permissible when a patient has consented to the treatment. Problematically it is possible for a patient to consent to or refuse treatment which consequently leads to a decline in her best interests. Standardly, such conflicts are resolved by prioritising the doctrine of informed consent above the requirement that the medical practitioner acts in accordance with the duty of care. This means that patient free choice is respected regardless as to (...) whether her choice leads to a decline in her best interests, since to disrespect patient choice would be an instance of ‘unwarranted’ paternalism. This thesis defends the claim that in cases where patient consent comes into conflict with her best interests, paternalistic interference is in fact justified. The ambition of the thesis is thus twofold: in the first place I argue that the doctrine of informed consent cannot be used as an ethical guarantor for medical decision making. Secondly I will conclude that hard paternalism is justified in medical practice, thereby calling for a reversal of the prioritisation of informed consent procedures over the medical practitioner’s duty of care. (shrink)

Do we have free will? Understanding free will as the ability to act freely, and free actions as exercises of this ability, I maintain that the default answer to this question is “yes.” I maintain that free actions are a natural kind, by relying on the influential idea that kinds are homeostatic property clusters. The resulting position builds on the view that agents are a natural kind and yields an attractive alternative to recent revisionist accounts of free action. My view (...) also overcomes difficulties confronted by previous views according to which free actions might be a natural kind. On my view, free actions exist and we often act freely, as long as we possess various features that are related in the right sorts of ways to each other and to the world. In turn, we acquire and retain the concept as long as most of us possess enough of those features. (shrink)

In this dissertation, I argue for a new conception of the epistemic condition on moral responsibility.

It is intuitive that, under certain circumstances, it can be disrespectful or patronizing to excuse someone for an attitude. While it is easy enough to find instances where it seems disrespectful to excuse an attitude, matters are complicated. When and why, precisely, is it disrespectful to judge that someone is not responsible for his attitude? In this paper, I show, first, that the extant philosophical literature on this question is underdeveloped and overgeneralized: the writers who address the question suggest quite (...) strikingly that it is always disrespectful to excuse a sane, rational agent for his attitude, and their arguments rely on false generalizations about what is involved in excusing an attitude. I then sketch an account of respect to explain when and why it is disrespectful to excuse an attitude. Using this account, I show that one can coherently excuse an attitude even in some cases where that attitude was produced by a responsiveness to reasons. (shrink)

In this paper, I propose and defend a structural ownership condition on moral responsibility. According to the condition I propose, an agent owns a mental item if and only if it is part of or is partly grounded by a coherent set of psychological states. As I discuss, other theorists have proposed or alluded to conditions like psychological coherence, but each proposal is unsatisfactory in some way. My account appeals to narrative explanation to elucidate the relevant sense of psychological coherence.

Galen Strawson’s Basic Argument is that because self-creation is required to be truly morally responsible and self-creation is impossible, it is impossible to be truly morally responsible for anything. I contend that the Basic Argument is unpersuasive and unsound. First, I argue that the moral luck debate shows that the self-creation requirement appears to be contradicted and supported by various parts of our commonsense ideas about moral responsibility, and that this ambivalence undermines the only reason that Strawson gives for the (...) self-creation requirement. Second, I argue that the self-creation requirement is so demanding that either it is an implausible requirement for a species of true moral responsibility that we take ourselves to have or it is a plausible requirement of a species of true moral responsibility that we have never taken ourselves to have. Third, I explain that Strawson overgeneralizes from instances of constitutive luck that obviously undermine moral responsibility to all kinds of constitutive luck. (shrink)

In Responsibility From the Margins, David Shoemaker distinguishes three forms of responsibility: attributability, answerability, and accountability. The introduction of various normative competence requirements lends precision to the contrasts that Shoemaker draws between these forms of responsibility. I argue, however, that these competence requirements are less well motivated than Shoemaker supposes, which raises the possibility that we cannot distinguish between forms of responsibility in the way that he hopes.

The notion of respect for autonomy dominates bioethical discussion, though what qualifies precisely as autonomous action is notoriously elusive. In recent decades, the notion of autonomy in medical contexts has often been defined in opposition to the notion of autonomy favoured by theoretical philosophers. Where many contemporary theoretical accounts of autonomy place emphasis on a condition of “authenticity”, the special relation a desire must have to the self, bioethicists often regard such a focus as irrelevant to the concerns of medical (...) ethics, and too stringent for use in practical contexts. I argue, however, that the very condition of authenticity that forms a focus in theoretical philosophy is also essential to autonomy and competence in medical ethics. After tracing the contours of contemporary authenticity-based theories of autonomy, I consider and respond to objections against the incorporation of a notion of authenticity into accounts of autonomy designed for use in medical contexts. By looking at the typical problems that arise when making judgments concerning autonomy or competence in a medical setting, I reveal the need for a condition of authenticity—as a means of protecting choices, particularly high-stakes choices, from being restricted or overridden on the basis of intersubjective disagreement. I then turn to the treatment of false and contestable beliefs, arguing that it is only through reference to authenticity that we can make important distinctions in this domain. Finally, I consider a potential problem with my proposed approach; its ability to deal with anorexic and depressive desires. (shrink)

It has recently been pointed out that the cloudiness of the concept of authenticity as well as inflated ideologies of the ‘true self’ provide good reasons to criticize theories and ideals of authenticity. Nevertheless, there are also good reasons to defend an ethical ideal of authenticity, not least because of its critical and oppositional force, which is directed against experiences of self-abandonment and self-alienation. I will argue for an elaborated ethical ideal of authenticity: the ambitious ideal of a continuous self-reflective (...) process of ‘self-authentication’. For this purpose, the ideal of being authentic in expressing and unfolding one’s individual personality and characteristics will be combined with the ideal of being ‘an authentic person’ - whereby ‘a person’ is to be understood in a Kantian sense as an autonomous person who is reasonable and morally responsible. (shrink)

Contemporary philosophers of moral responsibility are in widespread agreement that we can only be blamed for actions that express, reflect, or disclose something about us or the quality of our wills. In this paper I reject that thesis and argue that self disclosure is not a necessary condition on moral responsibility and blameworthiness: reactive responses ranging from aretaic appraisals all the way to outbursts of anger and resentment can be morally justified even when the blamed agent’s action expresses or discloses (...) nothing significant about his or her “deep self,” judgments and cares, or the quality of his or her will. I argue that the self-disclosure requirement on responsibility overestimates the extent to which our blaming practices and responsibility judgments are responsive to agents as opposed to actions, and that this mistake has the potential to distort both our reactive responses and our understanding of blamed agents’ characters. (shrink)

We use recent interventionist theories of causation to develop a compatibilist account of causal sourcehood, which provides a response to Manipulation Arguments for the incompatibility of free will and determinism. Our account explains the difference between manipulation and determinism, against the claim of Manipulation Arguments that there is no relevant difference. Interventionism allows us to see that causal determinism does not mean that variables outside of the agent causally explain her actions better than variables within the agent, whereas the causal (...) source of a manipulated agent’s actions instead lies outside of the agent in the intentions of the manipulator. As a result, determined agents can have free will and be morally responsible in a way that manipulated agents cannot, contrary to what Manipulation Arguments conclude. In this way, our account demonstrates not only how Manipulation Arguments fail but also how compatibilism can be strengthened by means of a plausible account of causal sourcehood. (shrink)

Strategic ignorance is a widespread phenomenon. In a laboratory setting, many participants avoid learning information about the consequences of their behaviour in order to act egoistically. In real life, many consumers avoid information about their purchases or the working conditions in which they were produced in order to retain their lifestyle. The question is whether agents are blameworthy for such strategically ignorant behaviour. In this paper, I explore quality of will resources, according to which agents are blameworthy, roughly, depending on (...) their moral concern. The account I will propose—the Maximal Account—has three innovative features: it utilizes a suitable concept of maximal moral concern, it offers an accountability version of the account which significantly differs from the more familiar attributability variant, and it maintains that agents without maximal concern are blameworthy. (shrink)

Are we really to blame only for actions that manifest our character, as Hume claims? In this paper, I explore Hume's reasoning and the nature of blame in general. I suggest that insofar as blame comes in a relational variety as well as the more familiar reactive one, there may be something to be said for linking blame with character flaws after all.

Child soldiers, who often appear to be both victims and perpetrators, present a vexing moral and legal challenge: how can we protect the rights of children while seeking justice for the victims of war crimes? There has been little stomach, either in domestic or international courts, for prosecuting child soldiers—but neither has this challenge been systematically addressed in international law. Establishing a uniform minimum age of criminal responsibility would be a major step in the right direction; we argue that such (...) a standard ought to be guided by the best evidence from neuropsychology about the development, during childhood and adolescence, of the executive functions that give rise to morally and legally responsible agents. In light of that evidence, which suggests that the brain’s executive functions are still maturing into early adulthood, we recommend a graded structure of culpability for child soldiers. (shrink)

Does having a mental disorder, in general, affect whether someone is morally responsible for an action? Many people seem to think so, holding that mental disorders nearly always mitigate responsibility. Against this Naïve view, we argue for a Nuanced account. The problem is not just that different theories of responsibility yield different verdicts about particular cases. Even when all reasonable theories agree about what's relevant to responsibility, the ways mental illness can affect behavior are so varied that a more nuanced (...) approach is needed. (shrink)

Mental capacity and autonomy are often understood to be normatively neutral? the only values or other norms they may presuppose are those the assessed person does or would accept. We show how mental disorder threatens normatively neutral accounts of autonomy. These accounts produce false positives, particularly in the case of disorders (such as depression, anorexia nervosa and schizophrenia) that affect evaluative abilities. Two normatively neutral strategies for handling autonomy-undermining disorder are explored and rejected: a blanket exclusion of mental disorder, and (...) functional tests requiring consistency, expression of identity, reflective non-alienation or lack of compulsion. Finally, we suggest ways in which substantivist alternatives to neutrality can be made more promising through increased transparency, democratic contestability of conditions for capacity and autonomy, and a historically sensitive caution concerning restrictions of liberty. (shrink)

The debate over whether free will and determinism are compatible is controversial, and produces wide scholarly discussion. This paper argues that recent studies in experimental philosophy suggest that people are in fact “natural compatibilists”. To support this claim, it surveys the experimental literature bearing directly or indirectly upon this issue, before pointing to three possible limitations of this claim. However, notwithstanding these limitations, the investigation concludes that the existing empirical evidence seems to support the view that most people have compatibilist (...) intuitions. (shrink)

In a recent book, The Problem of the Soul, Owen Flanagan discusses the Cartesian, or agent causation, view of free will. According to this view, when a person acts of his own free will his action is not caused by antecedent events but is caused by the agent himself, and in acting the agent acts as an uncaused cause. Flanagan argues at length that this view is false. In this article, I defend the agent causation view against Flanagan’s criticisms and (...) I go on to critically address his own ‘neo-compatibilist’ alternative to the agent causation view. In doing so, I hope to exhibit some common misconceptions about the nature of the agent causation view and to show that this is a view that deserves more serious consideration. (shrink)

In October 2003 the Supreme Court of the United States allowed Arkansas officials to force Charles Laverne Singleton, a schizophrenic prisoner convicted of murder, to take drugs that would render him sane enough to be executed. On January 6 2004 he was killed by lethal injection, raising many ethical questions. By reference to the Singleton case, this article will analyse in both moral and legal terms the controversial justifications of the enforced medical treatment of death-row inmates. Starting with a description (...) of the Singleton case, I will highlight the prima facie reasons for which this case is problematic and merits attention. Next, I will consider the justification of punishment in Western society and, in that context, the evolution of the notion of insanity in the assessment of criminal responsibility during the past two centuries, both in the US and the UK. In doing so, I will take into account the moral justification used to enforce treatment, looking at the conflict between the prisoner’s right to treatment and his right to refuse medication where not justified by outcomes that can be reasonably expected to be positive for the individual. Finally, in contrast with some retributivist arguments in favour of enforced treatment to enable execution, I will propose a possible alternative, necessary if we are to consistently uphold the notion of autonomy. (shrink)

This paper revisits the issue of whether responsibility is essentially historical. Roughly, the leading question here is this: Do ways in which we can acquire pertinent antecedents of action, such as beliefs, desires, and values, have an essential bearing on whether we are responsible for actions that are suitably related to these antecedents? I argue, first, that Michael McKenna’s interesting case for nonhistoricism is indecisive, and, second, his brand of modest historicism, while highly insightful, yields results concerning responsibility that ought (...) to be resisted. I conclude by motivating a hybrid view: it implies that responsibility does not require that one have a past, but should one have a past, it must be a past of a certain sort. (shrink)

The principal argument suggested here is that we are all morally embedded selves: We have no control over the abilities that make us moral agents nor can we control the degree to which we have these abilities; in other words, we are not responsible for our good or bad qualities as moral agents. This, I believe, calls for the adoption of embedded compatibilism (EC). According to EC, people have control over their conduct; this control, however, is embedded within prerequisites, which (...) they cannot control and hence are not responsible for having or lacking. On the one hand, EC enables us to explain why a lack of control at the ultimate level does not eliminate moral judgment altogether. However on the other hand, EC ought to change our understanding of moral responsibility; interalia, it supports a hybrid notion of punishment, indicates the incomplete nature of guilt and reintroduces the problem of moral luck. (shrink)

I argue that unfortunate formative circumstances do not undermine the warrant for either responsibility or blame. I then diagnose the tendency to think that formative circumstances do matter in this way, arguing that knowledge of these circumstances can play an essential epistemic role in our interpersonal interactions.