The situationist movement in social psychology has caused a considerable stir in philosophy. Much of this was prompted by the work of Gilbert Harman and John Doris. Both contended that familiar philosophical assumptions about the role of character in the explanation of action were not supported by experimental results. Most of the ensuing philosophical controversy has focused upon issues related to moral psychology and ethical theory. More recently, the influence of situationism has also given rise to questions regarding free will (...) and moral responsibility. There is cause for concern that a range of situationist findings are in tension with the reasons-responsiveness putatively required for free will and moral responsibility. We develop and defend a response to the alleged situationist threat to free will and moral responsibility that we call pessimistic realism. We conclude on an optimistic note, exploring the possibility of strengthening our agency in the face of situational influences. (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.

In this paper I discuss various hard cases that an account of moral ignorance should be able to deal with: ancient slave holders, Susan Wolf’s JoJo, psychopaths such as Robert Harris, and finally, moral outliers. All these agents are ignorant, but it is not at all clear that they are blameless on account of their ignorance. I argue that the discussion of this issue in recent literature has missed the complexities of these cases by focusing on the question of epistemic (...) fault. It is not clear that all blameworthy morally ignorant agents have committed an epistemic fault. There are other important issues that pull us in various directions: moral capacity, bad will, and formative circumstances. I argue that bad will is what is crucial, and moral ignorance itself can be a form of bad will. I argue that we should distinguish between two sorts of bad will, and correspondingly, two sorts of blameworthiness. Ordinary blameworthiness, requires moral knowledge, and is based on akratic action. The other kind of blameworthiness, objective blameworthiness, applies when the agent is morally ignorant, and when this indicates bad will. Objective blameworthiness can be undermined by unfortunate formative circumstances. (shrink)

It is common for philosophers to argue that psychopaths are not morally responsible because they lack some of the essential capacities for morality. In legal terms, they are criminally insane. Typically, however, the insanity defense is not available to psychopaths. The primary reason is that they appear to have the knowledge and understanding required under the M’Naghten Rules. However, it has been argued that what is required for moral and legal responsibility is ‘deep’ moral understanding, something that psychopaths do not (...) have either due to their lacking empathy or practical reason. In the first part of the paper, I argue that psychopaths do not lack the abilities required for deep moral understanding, although they have deficits in those areas. According the M’Naghten Rules, therefore, psychopaths are not insane. Under a less strict formulation of the insanity plea, like the Model Penal Code, however, there is a good case to be made for their lacking substantial capacity. I argue that because psychopathy is an essentially moral disorder, and because of the nature of psychopathic violence, psychopaths should not be excused under the insanity plea. It would be tantamount to excusing someone for committing a crime because they are bad. Arguably, this contravenes the entire system of law. (shrink)

Drawing on recent cognitive theories of the emotions, this article develops an account of critical reflection as requiring emotional flexibility and involving the ability to envisage alternative reasons for action. The focus on the role of emotions in critical reflection, and in agents' resistance to reflection, suggests the need to move beyond an introspective to a more social and relational conception of the process of reflection. It also casts new light on the intractable problem of explaining how oppressive socialisation impairs (...) the capacity for autonomy. (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)

The concept of autonomy plays atleast two roles in moral theory. First, itprovides a source of constraints upon action:because I am autonomous you may not interferewith me, even for my own good. Second, itprovides a foundation for moral theory: humanautonomy has been thought by some to producemoral principles of a more general kind.This paper seeks to understand what autonomyis, and whether the autonomy of which we arecapable is able to serve these roles. We wouldnaturally hope for a concept of autonomy (...) thatis value-neutral rather than value-laden. Thatis to say, we would want the judgement that Iam autonomous to depend wholly on, say,structural features of my psychology, and in noway to require us to make ethical judgements, orother value judgements. Being value-neutral isperhaps desirable in a concept of autonomyserving the first role, and plausiblyindispensible in one playing the second. Ishall argue, however, that value-neutral conceptionsof autonomy are impoverished and out of linewith our intuitions; set out and defendan explicitly value-laden conception ofautonomy; and explore the implications of such a view for theability of autonomy to play the rolesmentioned above. (shrink)

Ted A. Warfield has recently employed modal logic to argue that compatibilism in the free-will/determinism debate entails the rejection of intuitively valid inferences. I show that Warfield's argument fails. A parallel argument leads to the false conclusion that the mere possibility of determinism, together with the necessary existence of any contingent propositions, entails the rejection of intuitively valid inferences. The error in both arguments involves a crucial equivocation, which can be revealed by replacing modal operators with explicit quantifiers over possible (...) worlds. I conclude that the modal-logical apparatus used by Warfield obscures rather than clarifies, and distracts from the real philosophical issues involved in the metaphysical debate. These issues cannot be settled by logic alone. (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)

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 this paper I present an account of the rational abilities that make our decisions free. Following the lead of new dispositionalists, a leeway account of free decisions is developed, and the rational abilities that ground our abilities to decide otherwise are described in detail. A main result will be that the best account of the relevant rational abilities makes them two-way abilities: abilities to decide to do or not to do x in accordance with one’s apparent reasons. Dispositionalism about (...) rational abilities will be vindicated, since it helps to see why and how these two-way abilities entail an ability to decide otherwise and, thus, free will. (shrink)

National minority women’s defense of nonliberal minority cultures that encompass sexist customs and rules has greatly perplexed liberal theorists. Many attempted to resolve this puzzle by attributing constrained agency to such women and dismissing their defense as unreasonable. This article argues that this liberal assessment of minority women’s position is philosophically indefensible and that the failure of mainstream liberalism to make sense of these women’s response indicates not that these women’s agency is compromised but rather that the liberal conception of (...) agency as autonomy at the heart of the liberal framework has limits in its crosscultural applicability. A conception of agency, valuational agency, that illuminates minority women’s agency is proposed as a more plausible alternative for radically pluralistic societies. -/- . (shrink)

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)

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)

Psychopaths are agents who lack the normal capacity to feel moral emotions (e.g. guilt based on empathy with the victims of their actions). Evidence for attributing psychopathy at least in some cases to genetic or early childhood causes suggests that psychopaths lack free will. However, the paper defends a sense in which psychopaths still may be construed as responsible for their actions, even if their degree of responsibility is less than that of normal agents. Responsibility is understood in Strawsonian terms, (...) as a question of our appropriate reactive attitudes toward an agent for what she does, and as distinct from the question of the agent's own motivating attitudes, which lead him to do what he does. The latter is the question more directly relevant to free will, though moral motivation normally depends on the capacity in early childhood to pick up motivating attitudes from others' reactive attitudes. Reactive attitudes based on hatred rather than anger (e.g. disgust or contempt) count as alternative forms of blame that may be appropriately directed toward agents manifesting bad qualities of will, even as a matter of motivational impairment. So psychopaths may still be said to deserve blame, even if they are incapable of modifying their behavior in response to blame. (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)

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)

Susan Wolf objects to the Real Self View (RSV) of moral responsibility that it is insufficient, that even if one’s actions are expressions of one’s deepest or “real” self, one might still not be morally responsible for one’s actions. As a counterexample to the RSV, Wolf offers the case of JoJo, the son of a dictator, who endorses his father’s (evil) values, but who is insane and is thus not responsible for his actions. Wolf’s data for this conclusion derives from (...) what she takes to be our “pretheoretic intuitions” about JoJo. As it turns out, though, experimental data on actual pretheoretic intuitions does not seem to support Wolf’s claim. In this paper, we present such data and argue that, at least with respect to this particular objection, the RSV can survive Wolf’s attack intact. (shrink)

Within critical realist circles, the development of knowledge in the natural and social domains has thus far been much stronger by comparison with its respective development within the personal domain. What I want to explore here is how knowledge can be positively used to have emancipatory effects at the level of the individual. The way in which we are able to achieve this is by coming to have what Spinoza calls more adequate ideas of ourselves, other beings, and our place (...) in nature through strengthening the explanatory power and minimizing the fallibility of the knowledge we use in our judgements and progressive articulations of personal situations by making use of explanatory critique and cause-object matching techniques. This article explains what an explanatory critique actually is and does before turning to explain why it interests us in relation to Spinoza’s thought and then how it is specifically useful in connection with emotional revision and control. (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.

Presentation and discussion of two new experimental studies surveying intuitions about cases of moral ignorance due to childhood deprivation. Discussion of resulting asymmetry between negative and positive cases and proposal of speculative hypothesis to explain results, The Difficulty Hypothesis.

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)

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

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

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 introduction provides an overview of the current state of the debate on the epistemic condition of moral responsibility. In sect. 1, we discuss the main concepts ‘ignorance’ and ‘responsibility’. In sect. 2, we ask why agents should inform themselves. In sect. 3, we describe what we take to be the core agreement among main participants in the debate. In sect. 4, we explain how this agreement invites a regress argument with a revisionist implication. In sect. 5, we provide an (...) overview of the main responses to the regress argument. In sect. 6, we address the question why blameless ignorance excuses. In sect. 7, we describe further issues that are addressed in the book. In sect. 8, we conclude with some discussion of future directions the debate might take. (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)

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 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)

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)

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)

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)

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

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

It is argued that there are at least three things bundled up in the idea of free will: the capacity manifested by agents whenever they act freely; the property possessed by those actions for which an agent in morally responsible; and the ability to do otherwise. This paper attempts some disentangling.

The three integrated articles of this dissertation are concerned with the epistemic status of moral intuitions. The first article argues in favour of moderate moral intuitionism, the view that while any successful moral epistemology must be intuitionist to at least some extent, it must also take intuitions to be fallible. This is accomplished by synthesizing work by Robert Audi and George Bealer into a view of moral intuitions which is capable of overcoming some major contemporary objections against intuitionism, particularly from (...) Sharon Street and Peter Singer. The next article raises a more powerful objection to intuitionism, applying feminist ethics and moral epistemology to suggest that powerful social forces impair our ability to distinguish mistaken intuitions from reliable ones. This objection is addressed with an argument, based on work by Michele Moody-Adams and Cheshire Calhoun, to the effect that the possibility of moral knowledge and resultant responsibility allow us to retain the capacity for making this important distinction between intuitions. Nevertheless, as George Sher argues, there is still reason to think that the intuitions we rely on to shape and justify our moral beliefs contains important mistakes which negatively impact the reliability of our resulting moral judgements. This major problem, that of distinguishing helpful from harmful moral intuitions, is the topic of the third article. Henry Sidgwick attempted to develop a decision procedure for this purpose in The Methods of Ethics, positing four major criteria, the fulfilment of which would confer the highest possible level of certainty on an intuition. Sidgwick's four tests are evaluated primarily with reference to contemporary feminist scholarship, and though they constitute a promising start to a rigorous intuitionist moral epistemology, they are also wanting in a number of ways. The article improves the epistemic status of Sidgwick's tests with a hybrid Sidgwickian-feminist theory, reinterpreting his tests as values to be respected but which allow flexibility and even tension. While this approach may not be able to confer the same level of certainty as Sidgwick's, it is more respectful of the complexities and nuances of a more reliable moral epistemology. (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.

As the cognitive sciences reveal more and more to us about the ways in which ours brains function, legal scholars, philosophers, and bioethicists are but a few of the academics that will have accommodate this increasing knowledge into theory and practice. Herein, I argue that several problematic areas in the United States legal system might be ameliorated in coming years by augmenting our conception of mental capacity. While the term is broad and carries many possible applications, I focus on two (...) particular applications, patient decision making capacity in hospitals, and the capacity of mentally ill defendants to form a guilty mindset, or mens rea. Through these two examinations, I show that other closely related terms, such as diminished capacity, mental competency, and legal insanity, already in use in our legal system are insufficient to capture the exact nature of some cases better examined through the lens of actual capacities for thoughts, mental states, or cognitive processes. Additionally, I attempt to indicate a trajectory through which advances in cognitive legal theory might take, guided by an interdisciplinary union between theorists, scientists, and legal scholars. (shrink)