Much government and personal conduct is premised on the idea that a person made thereby to suffer deserves that suffering thanks to prior wrongdoing by him. Further, it often appears that one kind of suffering is more deserved than another and, in light of that, conduct inflicting the first is superior, or closer to being justified than conduct inflicting the second. Yet desert is mysterious. It is far from obvious what, exactly, it is. This paper offers and argues for a (...) theory of comparative desert. It offers an account of the conditions under which one harm is more deserved for past wrongdoing than another. The theory offered here can be stated, roughly, like so: One harm is more deserved for a wrongful act than another if, in light of it more than the other, the act is supported by reasons for the agent in a way similar to the way it ought to have been supported by reasons for him. The central task of the paper is to explain, elaborate and offer an argument for this theory. The paper also shows that, under the theory, differences in culpability—as between, for instance, intentionally rather than knowingly bringing about a harm—make a difference to desert. And the paper shows that under the proposed theory it is easier for the state to justify inflicting a punishment that is more deserved than it is to justify inflicting a punishment that is less deserved. (shrink)

Gideon Yaffe’s “subjectivism about attempts” rest on the Transfer Principle: “If a particular form of conduct is legitimately criminalized, then the attempt to engage in that form of conduct is also legitimately criminalized.” From the perspective of a moral concern with culpability, this principle seems to get to the heart of the matter: the true essence of what is wrong with attempting to commit a crime. Unfortunately, Yaffe’s argument for the Transfer Principle is based on an equivocation and therefore logically (...) unsound. The moral core of the Principle is still sound, but we can’t tell from Yaffe’s book how far that principle would take us in the criminal law. (shrink)

On Bicchieri's view, social norms most centrally involve a pattern of preferences among the members of a relevant population; according to Brennan, Eriksson, Goodin, and Southwood, social norms most centrally involve patterns of normative attitudes among the members of a given group. This paper argues, first, that social norms can require attitudes as well as behaviour, and, second, that the existence of such attitudinal social norms speaks in favour of the preference-based view and against the normative attitudes-based view.

Intentions have been a central subject of research since contemporary philosophy of action emerged in the middle of the twentieth century. For almost that entire period, the approach has been to treat the study of intentions as separate from the study of morality. This essay offers a brief overview of that history and then suggests some ways forward, as exemplified by the essays collected in this volume.

Presents an analogue of the Preface Paradox for intention, and discusses possible implications for the philosophy of action.

In his recent book Attempts, Gideon Yaffe suggests that attempts should be criminalized because of a principle he dubs the “Transfer Principle.” This principle holds that if a particular form of conduct is legitimately criminalized, then the attempt to engage in that form of conduct is also legitimately criminalized. Although Yaffe provides a powerful defense of the Transfer Principle, in this paper I argue that Yaffe’s argument for it ultimately does not succeed. In particular, I formulate two objections to Yaffe’s (...) argument for the Transfer Principle. First, I argue that a basic assumption about criminalization, on which Yaffe’s argument crucially depends, is incomplete, and Yaffe’s own attempt to supplement it undermines his argument for the Transfer Principle. Second, I argue that Yaffe’s argument does not properly account for the fact that those who merely attempt a crime and those who complete it might sometimes be responding to reasons in different ways. Accordingly, I conclude that Yaffe has not succeeded in establishing the truth of the Transfer Principle. (shrink)

There is a puzzle about how to understand the conclusion of a successful instance of practical reasoning. Do the considerations adduced in reasoning rationalize the particular doing of an action, as Aristotle is sometimes interpreted as claiming? Or does reasoning conclude in the formation of an attitude – an intention, say – that has an action-type as its content? This paper attempts to clarify what is at stake in that debate and defends the latter view against some of its critics.

In this paper, we defend the general thesis that intentions are relevant not only to moral permissibility and impermissibility, but also to criminal wrongdoing, as well as a specific version of the Doctrine of Double Effect that we believe can help solve some challenging puzzles in the criminal law. We begin by answering some recent arguments that marginalize or eliminate the role of intentions as components of criminal wrongdoing [e.g., Alexander and Ferzan, Chiao, Walen ]. We then turn to some (...) influential theories that articulate a direct role for intentions [e.g., Duff, Husak ]. While we endorse the commitment to such a role for intentions, we believe that extant theories have not yet been able to adequately address certain objections or solve certain puzzles, such as that some attempt convictions require criminal intent when the crime attempted, if successful, requires only foresight, and that some intended harms appear to be no more serious than non-intended ones of the same magnitude, for example. Drawing on a variety of resources, including the specific version of the Doctrine of Double Effect we have developed in recent published work, we present solutions to these puzzles, which in turn provide mutual support for our general approach to the role of intentions and for thinking that using others as means is itself a special kind of wrongdoing. (shrink)

I defend the principle that a person is blameworthy for her action only if that action was morally wrong. But what should we say about an agent who does the right thing based on bad motives? I present three types of cases that have these features. In each, I argue, the agent is not culpable for her action; however, she violates the norm of moral responsibility, and thus acts in a morally irresponsible way. This analysis, I show, has several virtues. (...) It also has important theoretical ramifications: it allows for a more nuanced approach to moral luck and paves the way for an unexplored line of defense in favor of a particular norm of moral responsibility. (shrink)

In chapter 6 of Attempts , Gideon Yaffe defends the thesis that it is “possible to attempt crimes of negligence” ( 2010 , p. 173). I am persuaded that he is right about this, provided that “attempt crimes of negligence” is read as (potentially misleading) shorthand for “attempt to bring it about that we commit crimes of negligence.” But I find certain parts of his defense unpersuasive. My discussion of those parts of his argument motivates the following thesis: Not only (...) can one attempt to bring it about that one commits a crime of negligence, but the attempt can be successful as well. (shrink)

When someone is prepunished, they are punished for a predicted crime they will or would commit. I argue that cases of prepunishment universally assumed to be merely hypothetical—including those in Philip K. Dick’s “The Minority Report”— are equivalent to some instances of the real-life punishment of attempt offenses. This conclusion puts pressure in two directions. If prepunishment is morally impermissible, as philosophers argue, then this calls for amendments to criminal justice theory and practice. At the same time, if prepunishment is (...) not imaginary, then the philosophers who reject it cannot claim that their view is supported by common sense. (shrink)

Some believe that the mere beneficiaries of wrongdoing of others ought to disgorge their tainted benefits. Others deny that claim. Both sides of this debate concentrate on unavoidable beneficiaries of the wrongdoing of others, who are presumed themselves to be innocent by virtue of the fact they have neither contributed to the wrong nor could they have avoided receiving the benefit. But as we show, this presumption is mistaken for unavoidable beneficiaries who intend in certain ways to benefit from wrongdoing, (...) and who have therefore done something wrong in forming and acting on such an intention. (shrink)

I argue that intending and acting belong to the same genus: intending is a kind of doing continuous in structure with intentional acting. Future-directed intending is not a truly separate phenomenon from either the intending in action or the acting itself. Ultimately, all intentions are in action, or better still, in extended courses of action. I show how the intuitive distinction between intending and acting is based on modeling the two phenomena on the extreme and limiting cases of an otherwise (...) continuous spectrum of the ways in which agents exercise rational active intelligent guidance in the pursuit of goals. I argue that diachronic intentional agency is better understood in terms of continuity and unity of courses of active and intelligent guidance, and that the distinction between intending to do something and doing it is only a derivative and context-dependent segmentation of these continuous courses of rational active intelligent guidance. (shrink)

A critical discussion of Gideon Yaffe's "guiding commitment" account of attempts, with special reference to attempts in the criminal law.

: The paper discusses the contribution that the neuroscience of action can offer to the legal understanding of action control and responsibility in the case of adult individuals. In particular, we address the issues that follow. What are the cognitive capacities that agents must display in order to be held liable to punishment in criminal law? Is the legal model of liability to punishment compatible with a scientifically informed understanding of voluntary behaviour? To what extent should the law take into (...) account people’s subjective feelings about their own actions? As a result of our analyses, we indicate some areas where the contribution of the neuroscience of action to the law is potentially relevant. We focus on the subjectivity mechanisms of action control, specifically the requirement that the agent must violate the law voluntarily in order to be held responsible, and on the factors that modulate the wrongdoer’s experience of agency. Overall, we advocate more cross-disciplinary work, aimed to bridge the gap between conceptual boundaries, on the theme of responsibility for actions. Keywords : Responsibility; Neurolaw; Sense of Agency; Criminal Law; Criminal Liability La responsabilità tra neuroscienza e diritto penale. La componente di controllo dell’imputabilità penale Riassunto : L’articolo discute il contributo che la neuroscienza dell’azione può offrire ai temi del controllo dell’azione e della responsabilità in ambito legale, nel caso degli individui adulti. In particolare, ci occuperemo delle questioni che seguono. Quali sono le abilità cognitive che un agente deve possedere per esser considerato penalmente responsabile e quindi punibile? Il modello legalistico della responsabilità è compatibile con il modello scientifico-naturalistico del comportamento umano? Fino a che punto variazioni nel senso di controllo soggettivo sulle azioni dovrebbero essere considerate un parametro rilevante in sede penale? Sulla scorta della nostra analisi, indicheremo alcune aree nelle quali il contributo della neuroscienza dell’azione a questioni legate al tema della responsabilità legale potrebbe rivelarsi rilevante. L’articolo si concentra sui meccanismi che regolano il senso soggettivo di controllo dell’azione – in particolare il requisito secondo il quale l’agente deve violare la legge volontariamente per essere ritenuto responsabile –, e sui fattori che modulano il senso di agentività del colpevole. In conclusione, difenderemo l’appropriatezza di una più ampia riflessione multi-disciplinare volta a ridurre le incompatibilità fra differenti approcci al tema della responsabilità per le nostre azioni. Parole chiave : Responsabilità; Neurodiritto; Senso di agentività; Diritto penale; Imputabilità penale. (shrink)

This morning I intended to get out of bed when my alarm went off. Hearing my alarm, I formed the intention to get up now. Yet, for a time, I remained in bed, irrationally lazy. It seems I irrationally failed to execute my intention. Such cases of execution failure pose a challenge for Mentalists about rationality, who believe that facts about rationality supervene on facts about the mind. For, this morning, my mind was in order; it was my action that (...) apparently made me irrational. What, then, should Mentalists say about the phenomenon of execution failure? The phenomenon of execution failure, and the puzzle it raises for Mentalists, have rarely been discussed. This paper addresses the puzzle in two parts. First, it argues that execution failure is a real phenomenon. It is possible for agents to irrationally fail to act on their present-directed intentions. It follows that Mentalists in the philosophy of action must solve the puzzle of explaining what is irrational about cases of execution failure. Second, this paper begins the search for such a solution. It considers six possible resolutions to the puzzle, arguing that none is obviously the most attractive. These resolutions include a requirement of overall conative consistency, an appeal to the norm of intention consistency, a form of Volitionalism, an appeal to factive mental states, and a proposal due to Garrett Cullity, and a novel requirement of proper functioning. (shrink)

If a person's head moves, she may or may not have moved her head, and, if she did move it, she may have actively performed the movement of her head or merely, by doing something else, caused a passive movement. And, if she performed the movement, she might have done so intentionally or not. This short array of contrasts (and others like them) has motivated questions about the nature, variety, and identity of action. Beyond the matter of her moving, when (...) the person moves her head, she may be indicating agreement or shaking an insect off her ear. Should we think of the consequences, conventional or causal, of physical behavior as constituents of an action distinct from but ‘generated by’ the movement? Or should we think that there is a single action describable in a host of ways? Also, actions, in even the most minimal sense, seem to be essentially ‘active’. But, how can we explain what this property amounts to and defend our wavering intuitions about which events fall in the category of the ‘active’ and which do not? (shrink)

Metaphysically speaking, just what is trying? There appear to be two options: to place it on the side of the mind or on the side of the world. Volitionists, who think that to try is to engage in a mental act, perhaps identical to willing and perhaps not, take the mind-side option. The second, or world-side option identifies trying to do something with one of the more basic actions by which one tries to do that thing. The trying is then (...) said to be identical with the physical action. -/- After carefully stating the second, world-side view, I produce two arguments against it. The first relies on the fact that if a=b and b=c, then a=c, sometimes put colloquially as: if something is identical to two things, then the two things must be identical to one another. In the case of trying, one might try to do something by performing a plurality of simultaneous actions, a sure sign that the relation between the trying and the plurality of actions by which one tries must be some relation other than identity. -/- The second argument discusses two cases, recorded in William James’ The Principles of Psychology, of a patient who tries but who performs no action whatever. This is sometimes called ‘naked trying’. A recent attempt at denying that there can be such cases of naked trying is examined and dismissed. (shrink)

Attempting art: an essay on intention-dependenceIt is a truism among philosophers that art is intention-dependent—that is to say, art-making is an activity that depends in some way on the maker's intentions. Not much thought has been given to just what this entails, however. For instance, most philosophers of art assume that intention-dependence entails concept-dependence—i.e. possessing a concept of art is necessary for art-making, so that what prospective artists must intend is to make art. And yet, a mounting body of anthropological (...) and art-historical evidence and philosophical argument suggests that not only is such a criterion unsatisfied by most of the art-historical canon, but it also rests on a false premise: concepts of 'art' are not shared between cultures, nor even in the same culture across time. My dissertation aims to rectify this error by first exploring what our commitment to art's intention-dependence actually entails, and then showing that, properly understood, intention-dependence sets a number of important constraints on theories of art with respect to explanatory desiderata such as the success- and failure-conditions of art-attempts, the cross-cultural identification of art, and the reference of 'art' and art-kind terms. I begin by situating art's intention-dependence in the philosophical literature on intentional action, arguing that, properly conceived, intention-dependence is a weak criterion which can be satisfied either directly or indirectly. It therefore does not necessarily entail concept-dependence. I then use this distinction to motivate a new treatment of the success- and failure-conditions for art-attempts, arguing that the extant model's emphasis on compliance with 'the manner intended' is far too restrictive to capture actual artistic practices. I go on to show that Ruth Millikan's model of linguistic conventions supplies an independently plausible explanation of art's concept-independent origins in terms of the development of a system of indirectly intention-dependent conventions called an 'artworld'. I argue that this account of artworld development supplies us with the tools we need to distinguish art-kinds from other artifactual kinds. Finally, I turn my attention to methodological issues, arguing that even though 'art' is a social kind with its roots in arbitrary and historically-contingent networks of conventions, the philosophy of art is not merely an exercise in bare conceptual analysis. In fact, there is now a great deal of evidence to show that the ways we think about 'art' are inconsistent, incomplete, imperialistic, and largely unprincipled. Yet I argue that this does not mean that the artworld data have no bearing on theories of art. Instead, I argue that our best reflective understanding of our artworld practices sets the constraints on the reference of 'art' and art-kind terms. I argue that we have no privileged epistemic access to the ontology of social kinds; our only privilege lies in our ability to determine the proper subject of our inquiries. (shrink)

A gunman intends to shoot and kill Victim. He shoots and misses his target, but the gunshot startles a group of water buffalo, causing them to trample the victim to death. The gunman brings about the intended effect, Victim’s death, but in a “deviant” way rather than the one planned. This paper argues that such causal structures, deviant causal chains, pose serious problems for several key legal concepts. -/- I show that deviant causal chains pose problems for the legal distinction (...) between attempts and completed crimes, and also for the distinction between attempts and mere preparations. I then suggest that cases of deviant causation undermine notions of legal liability for completed crimes in terms of actus reus and mens rea, and argue that natural accounts of negligence misclassify some cases involving deviant causal chains. After diagnosing several conceptual vulnerabilities in the law revealed by deviant causal chains, I show that natural strategies for shoring up legal theories in the face of these examples are unpromising. (shrink)

Although widely used across psychology, economics, and philosophy, the concept ofeffort is rarely ever defined. This article argues that the time is ripe to look for anexplicit general definition of effort, makes some proposals about how to arrive at thisdefinition, and suggests that a force-based approach is the most promising. Section 1presents an interdisciplinary overview of some chief research axes on effort, and arguesthat few, if any, general definitions have been proposed so far. Section 2 argues thatsuch a definition is (...) now needed and proposes a basic methodology to arrive at it, whosefirst step is to make explicit the various tacit assumptions about effort made acrosssciences and ordinary thinking. Section 3 unearths 4 different conceptions of effortfrom research on effort so far:primitive-feelings accounts,comparator-based accounts,resource-based accountsandforce-based accounts. It is then argued that the first 2kinds of accounts, although interesting in their own right, are not strictly speaking abouteffort. Section 4 considers the 2 most promising general approaches to efforts: re-source-based and force-based accounts. It argues that these accounts are not only compatible but actually extensionally equivalent. This notwithstanding, it explains why force-based accounts should be regarded as more fundamental than resource-basedaccounts -/- . (shrink)