This paper returns to the very concept of moral responsibility. Its focus is not on the conditions but on the nature of moral responsibility. First, it introduces the Strawsonian and ledger conceptions of moral responsibility. Next, it contrasts and compares these conceptions. Finally, it evaluates both conceptions and asks which is the right one. Though this article works toward further clarifying the concept of moral responsibility, its conclusion is open-ended.

An ideal of education is to ensure that our children develop into autonomous critical thinkers. The ‘indoctrination objection’, however, calls into question whether education, aimed at cultivating autonomous critical thinkers, is possible. The core of the concern is that since the young child lacks even modest capacities for assessing reasons, the constituent components of critical thinking have to be indoctrinated if there is to be any hope of the child's attaining the ideal. Our primary objective is to defuse this objection. (...) We argue, first, that even if the indoctrination objection can be dealt with at the level of beliefs by an account that distinguishes between beliefs instilled in the child at the non‐rational stage that are indoctrinative and those that are non‐indoctrinative, there can be non‐autonomous ‘proto critical thinkers’ who lack autonomy with respect to the requisite motivational components. We then ask what must be added to the account to ensure that proto critical thinkers develop into autonomous ones. We suggest that motivational elements, even if instilled at a stage at which the child has insufficiently developed cognitive capacities, can be ‘truly the child's own’ only relationally: the autonomous motivational elements are ones with respect to which the future child is self‐governing. (shrink)

There is a disturbing kind of situation that presents agents with only two possibilities of moral action—one especially praiseworthy, the other condemnable. I describe such scenarios and argue that moral action in them exhibits a unique set of parameters: performing the commendable action is especially praiseworthy; not performing is not blameworthy; not performing is wrong. This set of parameters is distinct from those which characterize either moral obligation or supererogation. It is accordingly claimed that it defines a distinct, yet unrecognized, (...) deontic category, to which the name ‘Forced Supererogation’ is appropriate. The moral parameters of Forced Supererogation and the relations between them are discussed, especially the divergence of wrongness and blame. I argue that this new category allows a more accurate classification of moral actions than that imposed by the strained dichotomy of obligation versus supererogation. (shrink)

In this paper, I explore the idea that someone can deserve resentment or other reactive emotions for what she does by attention to three psychological functions of such emotions – appraisal, communication, and sanction – that I argue ground claims of their desert. I argue that attention to these functions helps to elucidate the moral aims of reactive emotions and to distinguish the distinct claims of desert, as opposed to other moral considerations.

Blame is usually discussed in the context of the free will problem, but recently moral philosophers have begun to examine it on its own terms. If, as many suppose, free will is to be understood as the control relevant to moral responsibility, and moral responsibility is to be understood in terms of whether blame is appropriate, then an independent inquiry into the nature and ethics of blame will be essential to solving (and, perhaps, even fully understanding) the free will problem. (...) In this article we first survey and categorize recent accounts of the nature of blame – is it action, belief, emotion, desire, or something else? – and then we look at several proposed requirements on appropriate blame that look beyond the transgressor himself, considerations that will form part of a full account of the ethics of blame. (shrink)

Consider the idea that suffering of some specific kind is deserved by those who are guilty of moral wrongdoing. Feeling guilty is a prime example. It might be said that it is noninstrumentally good that one who is guilty feel guilty (at the right time and to the right degree), or that feeling guilty (at the right time and to the right degree) is apt or fitting for one who is guilty. Each of these claims constitutes an interesting thesis about (...) desert, given certain understandings of what desert is. After examining these claims, the paper briefly explores the idea that an offender might deserve certain forms of treatment by others. The paper concludes by contrasting the modest theses on which it focuses with a far bolder one, to the effect that if we are morally responsible, then it makes sense to suppose that some of us might deserve to suffer eternal torment. The more modest theses do not commit one to anything of this sort. (shrink)

According to what may be called PERMANENT, blameworthiness is forever: once you are blameworthy for something, you are always blameworthy for it. Here a prima facie case for this view is set out, and the view is defended from two lines of attack. On one, you are no longer blameworthy for a past offense if, despite being the person who committed it, you no longer have any of the pertinent psychological states you had at the time of the misdeed. On (...) the other, you can cease to be blameworthy if you sufficiently experience guilt or remorse, suffer enough punishment, or are forgiven for your misdeed. Although several points made in support of the second challenge are accepted, they are entirely consistent with PERMANENT. Neither line of attack, as so far presented, undermines the plausibility of this view stemming from the prima facie case. (shrink)

It is widely held that one can be responsible for doing something that one was unable to avoid doing. This paper focuses primarily on the question of whether one can be responsible for not doing something that one was unable to do. The paper begins with an examination of the account of responsibility for omissions offered by John Martin Fischer and Mark Ravizza, arguing that in many cases it yields mistaken verdicts. An alternative account is sketched that jibes with and (...) explains judgments about a variety of omissions cases, including intentional omissions as well as simple failures to act. (shrink)

In this article I argue that it is possible to be blameworthy for doing something that was not objectively morally wrong. If I am right, this would have implications for several debates at the intersection of metaphysics and moral philosophy. I also float a view about which actions can serve as legitimate bases for blame that allows for the possibility of blameworthiness without objective wrongdoing and also suggests an explanation for the appeal of the commonly held view that blameworthiness requires (...) objective wrongdoing. (shrink)

This is the introduction to a volume of new essays in the metaphysics of moral responsibility by John Martin Fischer, Carl Ginet, Ishtiyaque Haji, Alfred R. Mele, Derk Pereboom, Paul Russell, and Peter van Inwagen. I provide some background for the essays, cover the main debates in the metaphysics of moral responsibility, and emphasize some of the authors' contributions to this area of philosophy.

This paper examines the structure of moral responsibility for outcomes. A central feature of the analysis is a condition that we term the ‘avoidance potential’, which gives precision to the idea that moral responsibility implies a reasonable demand that an agent should have acted otherwise. We show how our theory can allocate moral responsibility to individuals in complex collective action problems, an issue that sometimes goes by the name of ‘the problem of many hands’. We also show how it allocates (...) moral responsibility in the classic Frankfurt example. (shrink)

Neste trabalho discuto a natureza e a estrutura de análise da ignorância proposicional. Meu objetivo é de apontar que, em primeiro lugar, diferentemente de como ao menos duas das principais concepções da epistemologia da ignorância têm pressuposto, a análise da ignorância proposicional não se reduz a estrutura “S é ignorante que P” ou variantes semelhantes a esta estrutura. Ao lerem a ignorância proposicional reduzida em termos de “S é ignorante que P”, essas concepções não fazem a melhor análise da ignorância (...) proposicional. Isto porque, por um lado, geram um problema que se refere a uma possibilidade pouco trabalhada. Trata-se da possibilidade da ignorância sobre proposições falsas e o problema, como será mostrado, é que nessa redução há boas razões tanto para afirmar como para negar essa possibilidade. Isso se constitui, no mínimo, como uma tensão teórica relevante que pode comprometer essas concepções e as análises realizadas a partir delas. Por outro lado, essa redução exclui ao menos um sentido geral e não necessariamente factivo de ignorância proposicional, o que nos priva de uma análise mais adequada da ignorância e de outros temas relacionados. Tendo esse problema e os seus desdobramentos em vista, apontarei, em segundo lugar, para uma hipótese que tem o potencial de dissolvê-lo a partir da reformulação de como compreendemos a ignorância proposicional, herdando as vantagens das razões a favor e das razões contra a possibilidade da ignorância sobre proposições falsas e superando as objeções levantadas contra elas. (shrink)

This paper outlines a new conative theory of blame. I argue that the best-known conative approaches to blame (Scanlon 1998, 2008, Sher 2006a) misrepresent the cognitive and dispositional components of blame. Section 1 argues, against Scanlon and Sher, that blaming involves the judgment that an act or state is the fault of the blamed. I also propose an alternative dispositional condition on which blaming only occurs if it matters to the blamer whether the blamed gets the punishment that she deserves. (...) In Section 2, I discuss objections to judgment-based accounts of blame (that they cannot tell the difference between blaming and judging to be blameworthy, that they cannot explain why blame is often accompanied by emotion, and that they cannot make sense of irrational blame), and I argue that my proposal can handle all of them. (shrink)

The New Evil Demon Problem presents a serious challenge to externalist theories of epistemic justification. In recent years, externalists have developed a number of strategies for responding to the problem. A popular line of response involves distinguishing between a belief’s being epistemically justified and a subject’s being epistemically blameless for holding it. The apparently problematic intuitions the New Evil Demon Problem elicits, proponents of this response claim, track the fact that the deceived subject is epistemically blameless for believing as she (...) does, not that she is justified for so believing. This general strategy—which I call the “unjustified-but-blameless maneuver”—is motivated, in part, by the assumption that the distinction between epistemic justification and blamelessness is merely an extension of the familiar distinction between moral justification and blamelessness. In this paper, I consider three ways of drawing the distinction between justification and blamelessness familiar from the moral domain: the first in terms of a connection with reactive attitudes, the second in terms of the distinction between wrongness and wronging, and the third in terms of reasons-responsiveness. All three ways of drawing the distinction, I argue, make it difficult to see how an analogous distinction in the epistemic domain could help externalists explain away the intuitions which underwrite the New Evil Demon Problem. Motivating the unjustified-but-blameless maneuver, I conclude, is a much less straightforward task than its proponents tend to assume. (shrink)

Moralism is often described as a vice. But what exactly is wrong with moralism that makes it aptly described as a character flaw? This paper will argue that the problem with moralism is that it downgrades the force of legitimate moral criticism. First, I will argue that moralism involves an inflated sense of the extent to which moral criticism is appropriate. Next, I will examine the value of legitimate moral criticism, arguing that its value stems from enabling us to take (...) a stand against immoral behavior. Finally, I will argue that unwarranted moral criticism downgrades the force of legitimate moral criticism and that this is why moralism should be seen as a vice. (shrink)

This paper argues that praise is governed by a norm of standing, namely the evaluative commitment condition. Even when the target of praise is praiseworthy and known to be so by the praiser, praise can be inappropriate owing to the praiser’s lacking the relevant evaluative commitment. I propose that uncommitted praisers lack the standing to praise in that, owing to their lack of commitment to the relevant value, they have not earned the right to host the co-valuing that is the (...) communicative aim of praise. (shrink)

I argue against the Standard View of ignorance, according to which ignorance is defined as equivalent to lack of knowledge, that cases of environmental epistemic luck, though entailing lack of knowledge, do not necessarily entail ignorance. In support of my argument, I contend that in cases of environmental luck an agent retains what I call epistemic access to the relevant fact by successfully exercising her epistemic agency and that ignorance and non-ignorance, contrary to what the Standard View predicts, are not (...) modal in the sense that knowledge is. After responding to objections, I conclude by sketching an alternative account of ignorance centered on the notions of epistemic access and epistemic agency. (shrink)

In the current debate there are two epistemological approaches to the definition of ignorance: the Standard View and the New View. The former defines ignorance simply as not knowing, while the latter defines it as the absence of true belief. One of the main differences between these two positions lies in rejecting (Standard View) or in accepting (New View) the factivity of ignorance, i.e., if an agent is ignorant of φ, then φ is true. In the present article, we first (...) provide a criticism of the Standard View in favour of the New View. Secondly, we propose a formal setting to represent the notion of factive ignorance. (shrink)

Given the significant exculpatory power that ignorance has when it comes to moral, legal, and epistemic transgressions, it is important to have an accurate understanding of the concept of ignorance. According to the Standard View of factual ignorance, a person is ignorant that p whenever they do not know that p, while on the New View, a person is ignorant that p whenever they do not truly believe that p. On their own though, neither of these accounts explains how ignorance (...) can often be a degreed notion—how we can sometimes be slightly ignorant, quite ignorant, or completely ignorant that p. In this paper, I will argue that there is a route for advocates of the Standard View and the New View to accommodate the gradability of ignorance. On the view I defend, ‘ignorant’ picks out everyone that is ignorant to some degree, making it possible that ignorance can be both degreed and characterized as a lack of knowledge or true belief. Even though we can be ignorant to a greater or lesser extent, the only way to avoid being ignorant that p is to know or truly believe. (shrink)

This volume bridges contemporary philosophical conceptions of risk and responsibility and offers an extensive examination of the topic. It shows that risk and responsibility combine in ways that give rise to new philosophical questions and problems. Philosophical interest in the relationship between risk and responsibility continues to rise, due in no small part due to environmental crises, emerging technologies, legal developments, and new medical advances. Despite such interest, scholars are just now working out how to conceive of the links between (...) risk and responsibility, the implications that risks may have to conceptions of responsibility (and vice versa), as well as how such theorizing might play out in applied cases. With contributions from leading scholars, this volume brings together new work examining the interplay between risk and responsibility, exploring its varied philosophical aspects and applications to contemporary issues in law, bioethics, technology, and environmental ethics. Risk and Responsibility in Context will be of interest to philosophers working in ethics, bioethics, philosophy of law, and philosophy of technology, as well as scholars and practitioners in law, health and science management, public policy, and environmental studies. (shrink)

Abstract In this paper, I take exception with a widely held philosophical doctrine, according to which agents are morally responsible only for actions they have intentionally done, or chosen to bring about. I argue that that there are positive duties of consideration and proper regard that make sense of holding persons responsible in the absence of any choice to commit wrong acts.

This chapter introduces readers to the view that praise is a form of address, or is communicative in the sense of seeking uptake from its target. The proposal that praise is communicative will seem counterintuitive if we take blame to be our paradigm of what it is for a responsibility-response to be communicative. This is because blame is communicative in a manner that intuitively presupposes some normative failure; it involves calling its target to account (or answer) for some wrongdoing. But, (...) the ‘rightdoer’ already properly regarded the relevant reasons in acting praiseworthily. So, there is nothing for which the praiseworthy agent must similarly account or answer for. How then could praise be communicative in sense of seeking uptake from its target? This chapter develops the view that praise is communicative in that it invites the praiseworthy agent to accept credit by co-valuing their action in the evaluative terms supplied by the praiser. This proposal is defended against three objections, namely that it is descriptively inadequate regarding our actual practices, that it is morally mistaken about when we owe others a response, and that it implies redundant communication. (shrink)

In this encyclopedia entry I sketch the way contemporary theorists understand moral responsibility -- its varieties, its requirements, and its puzzles.

Este artículo está escrito para una colección de ensayos introductorios sobre filosofía de las ciencias cognitivas. Es una revisión (selectiva) de la literatura sobre la psicología del juicio moral.

Some people endorse a view called incompatibilism, which states that free will is incompatible with determinism. No free action could possibly be determined, they think. More informatively, incompatibilists think it is impossible that someone’s freely acting be causally guaranteed to happen by things that occur before she freely acts. Some people hold a view called libertarianism, which states both that incompatibilism is true and that someone actually performs a free action. Other people reject incompatibilism. They hold to compatibilism, which is (...) the view that it is possible that previous happenings in the world could absolutely causally guarantee—that is, could cause in a deterministic way—that someone freely acts. In this chapter, I argue that libertarianism is, for the time being at least, the most sensible view. (shrink)

This is a draft of my chapter on Negligence for the forthcoming Oxford Handbook in Moral Psychology. It discusses philosophical, psychological, and legal approaches to the attribution of culpability in cases of negligent wrongdoing.

Sometimes you make a choice. Whether or not you made it was up to you. The choice was free. But how can this be? A scientific view of the world may leave no room for free choice. Free will literature continually explodes. Yet experts still focus on control or on a power to do otherwise. Sadly, they neglect another intuitive feature of free will: being an underived source or ultimate originator. When acting freely, one is a self-determined, self-directed, sole author (...) of change. Surprisingly, though the literature is replete with this pre-theoretic feature of free will, virtually no one makes rigorous use of it when constructing arguments. Equipped with fresh research, this book contends that agent-causation—currently an unpopular theory—deserves serious reconsideration. Only agent-causation accounts for ultimate origination, and popular objections fail under rigorous scrutiny. This book is tightly argued. It challenges and deepens recent advances in free will scholarship made by Peter van Inwagen, Robert Kane, Carl Ginet, Randy Clarke, Stewart Goetz, Tim O’Connor, and others. (shrink)

Many writers accept the following thesis about responsibility: (R) For one to be responsible for something is for one to be such that it is fitting that one be the object of some reactive attitude with respect to that thing. This thesis bears a striking resemblance to a thesis about value that is also accepted by many writers: (V) For something to be good (or neutral, or bad) is for it to be such that it is fitting that it be (...) the object of some pro-attitude (or indifference, or some contra-attitude). V has been the subject of intense debate in recent years, in part because of its incorporation into what has come to be called the “buck-passing” account of value. In particular, V is open to three challenges: that it is not necessarily the case that whatever is good is the fitting object of a pro-attitude; that it is not necessarily the case that whatever is the fitting object of a pro-attitude is good; and that, even if there is a strict equivalence between what is good and what is the fitting object of a pro-attitude, still the former is not to be analyzed in terms of the latter. The resemblance between V and R has not been previously commented on, but, once it is recognized, it is clear that R is open to challenges that resemble those to which V is vulnerable. This paper explores both the challenges to V and the parallel challenges to R and discusses responses that may be given to these challenges. The interrelation between V and R is then examined, and a general lesson is drawn concerning how to adjudicate disputes about the nature of moral responsibility. (shrink)

The view that what one ought, or is obligated, to do is the best that one can do faces a problem even from the perspective of someone sympathetic with the view: there are cases of group action where, through lack of cooperation, the best that can be done is not done and yet where, it seems, each individual does the best that he or she can do. In this paper, various attempts to deal with this problem are criticized and then (...) a new solution is offered, one which requires "connected" individuals to be "transigent" relative to one another concerning possible group outcomes. (shrink)

Does willful ignorance mitigate blameworthiness? In many legal systems, willfully ignorant wrongdoers are considered as blameworthy as knowing wrongdoers. This is called the ‘equal culpability thesis’. Given that legal practice depends on it, the issue has obvious importance. Interestingly enough, however, there exists hardly any philosophical reflection on ECT. A recent exception is Alexander Sarch, who defends a restricted version of ECT. On Sarch’s view, ECT is true whenever willfully ignorant agents incur additional blameworthiness for their ignorance. In this paper, (...) I defend an alternative view, according to which ECT is true whenever the motives of willfully ignorant and knowing wrongdoers are equally bad. (shrink)

It is sometimes claimed that forgiveness involves the cancellation of a moral debt. This way of speaking about forgiveness exploits an analogy between moral forgiveness and economic debt-cancellation. Call the view that moral forgiveness is like economic debt-cancellation the Economic Model of Forgiveness. In this article I articulate and motivate the model, defend it against some recent objections, and pose a new puzzle for this way of thinking about forgiveness.

Moral responsibility invariantism is the view that there is a single set of conditions for being morally responsible for an action (or omission or consequence of an act or omission) that applies in all cases. I defend this view against some recent arguments by Joshua Knobe and John Doris.

One of the most influential accounts of blame—the affective account—takes its cue from P.F. Strawson’s discussion of the reactive attitudes. To blame someone, on this account, is to target her with resentment, indignation, or (in the case of self-blame) guilt. Given the connection between these emotions and the demand for regard that is arguably central to morality, the affective account is quite plausible. Recently, however, George Sher has argued that the affective account of blame, as understood both by Strawson himself (...) and by contemporary Strawsonians, is inadequate because it cannot make sense of blameworthiness. In this paper I defend the affective account of blame against several of Sher’s arguments for this conclusion. In the process, I clarify the Strawsonian account of moral responsibility, and I discuss how the affective account of blame ought to be understood and articulated. (shrink)

One way of being responsible for an action is being praiseworthy for it. But what is the “praise” of which the praiseworthy agent is worthy? This paper provides a survey of answers to this question, i.e. a survey of possible accounts of praise’s nature. It then presents an overview of candidate norms governing our responses of praise. By attending to praise’s nature and appropriateness conditions, we stand to acquire a richer conception of what it is to be, and to regard (...) another as, a responsible agent. (shrink)

It is sometimes said that certain hard moral choices constitute tragic moral dilemmas in which no available course of action is justifiable, and so the agent is blameworthy whatever she chooses. This paper criticizes a certain approach to the debate about moral dilemmas and considers the metaethical implications of the criticisms. The approach in question has been taken by many advocates as well as opponents of moral dilemmas who believe that analysing the emotional response of the agent is the key (...) to the debate about moral dilemmas. The metaethical position this approach is most naturally associated with is sentimentalism. Sentimentalists claim that evaluation, and in particular moral evaluation, crucially depends on human sentiment. This paper is not concerned with the question whether moral dilemmas exist, but rather with emotion-based arguments used on both sides of the debate. The first aim of the paper is to show that emotion-based arguments by friends or foes of moral dilemmas cannot garner support from sentimentalism. The second aim is to show that this constitutes a serious problem for sentimentalism. (shrink)

The topic of standing to blame has recently received a lot of attention. Until now, however, it has focused mainly on the blamer's perspective, investigating what it means to say of blamers that they lose standing to blame and why it is that they lose this standing under specified conditions. The present paper focuses on the perspective of the blamees and tries to explain why they are allowed to disregard standingless, more specifically hypocritical, blame. According to the solution proposed by (...) the paper, while hypocritical blamers present themselves as caring about justice or about the moral or material good of the blamees—and they themselves half‐believe this presentation—their real motivation in blaming is less respectable. It is this problematic motivation that explains why blamees are permitted to disregard hypocritical blame. Ill‐motivated blame is often unreliable, and readiness to even consider it often involves a compromise on the self‐respect of the blamees. (shrink)

Most contemporary accounts of moral responsibility take desert to play a central role in the nature of moral responsibility. It is also assumed that desert is a backward-looking concept that is not directly derivable from any forward-looking or consequentialist considerations, such as whether blaming an agent would deter the agent from performing similar bad actions in the future. When determining which account of moral responsibility is correct, proponents of desert-based accounts often take intuitions about cases to provide evidence either in (...) favor of or against a proposed theory. In this paper, I discuss two experiments that test whether folk intuitions accord with what desert-based accounts would predict. Results suggest that moral responsibility intuitions are sensitive to forward-looking considerations, thus posing a problem for desert-based accounts of moral responsibility. If appealing to intuitions about cases is a valid method of discovering the nature of moral responsibility and desert, it seems either desert is not entirely backward-looking or moral responsibility is not exclusively desert-based. These experimental results also suggest that consequentialist accounts of moral responsibility, which have largely been abandoned due to their counterintuitive nature, are perhaps not so counterintuitive after all. (shrink)

This article examines the evaluative nature of the folk concepts of weakness and strength of will and hypothesizes that their evaluative nature is strongly connected to the folk concepts of blame and credit. We probed how people apply the concepts of weakness and strength of will to prototypical and non-prototypical scenarios. While regarding prototypical scenarios the great majority applied these concepts according to the predictions following from traditional philosophical analyses. When presented with non-prototypical scenarios, people were divided. Some, against traditional (...) analyses, did not apply these concepts, which we explain in terms of a clash of evaluations involving different sorts of blame and credit. Others applied them according to traditional analyses, which we explain in terms of a disposition to be reflective and clearly set apart the different sorts of blame and credit involved. Still others applied them in an inverse way, seemingly bypassing the traditional components resolution and be.. (shrink)

Many theoretical claims about the folk concept of moral responsibility coming from the current literature are indeterminate because researchers do not clearly specify the folk concept of moral responsibility in question. The article pursues a cognitive approach to folk concepts that pays special attention to this indeterminacy problem. After addressing the problem, the article provides evidence on folk attributions of moral responsibility in the case a failed attempt to kill that goes against a specific claim coming from the current literature (...) - that the dimension of causation is part of the structure of the folk concept of moral responsibility. (shrink)

This paper develops a novel account of the nature of blame: on this account, blame is a species of performance with a constitutive aim. The argument for the claim that blame is an action is speech-act theoretic: it relies on the nature of performatives and the parallelism between mental and spoken blame. I argue that the view scores well on prior plausibility and theoretical fruitfulness, in that: it rests on claims that are widely accepted across sub-disciplines, it explains the normativity (...) of blaming and it accounts for associated psychological phenomena. (shrink)

Argues that practical irrationality is akin to moral culpability: it is defective practical thought which one could legitimately have been expected to avoid. It is thus a mistake to draw too tight a connection between failure to be moved by reasons and practical irrationality (as in a certain kind of "internalism"): one's failure may be genuine, but not culpable, and therefore not irrational.

Adversaries of Moral Luck (AMLs) are at pains to explain why wrongdoers are liable to bear burdens (punishment, compensation etc.) which are related to the harm they cause, because the consequences of what we do are a matter of luck. One attempt to solve this problem suggests that wrongdoers who cause more harm are liable to bear a greater burden not because they are more blameworthy but rather because they get the short straw in a liability lottery (represented by the (...) apparently indeterminate causal process). In this paper I argue that this attempt fails on several grounds. Apart from the fact that it is hard to see how the implementation of liability lotteries can be motivated and the fact that such scheme presupposes a political order (whereas the notion of liability does not seem to presuppose one), detaching liability from the outcomes of a culpable action undermines whichever justifications there were for imposing liability in the first place. Moreover, relying on the determination of the causal process as a good indication of the wrongdoer’s degree of culpability is mistaken, because the luck brought about through the causal process is not necessarily the only element involved in cases of harmful conduct which lies beyond the wrongdoers’ control. (shrink)