EPUB and EPDF available Open Access under CC-BY-NC-ND licence. We tend to hold people responsible for their choices, but not for what they can’t control: their nature, genes or biological makeup. This thought-provoking collection redefines the boundaries of moral responsibility. It shows how epigenetics reveals connections between our genetic make-up and our environment. The essays challenge established notions of human nature and the nature/nurture divide and suggest a shift in focus from individual to collective responsibility. Uncovering the links between our (...) genetic makeup, environment and experiences, this is an important contribution to ongoing debates on ethics, genetics and responsibility. (shrink)

Philosophy strives to give us a firmer hold on our concepts. But what about their hold on us? Why place ourselves under the sway of a concept and grant it the authority to shape our thought and conduct? Another conceptualization would carry different implications. What makes one way of thinking better than another? This book develops a framework for concept appraisal. Its guiding idea is that to question the authority of concepts is to ask for reasons of a special kind: (...) reasons for concept use, which tell us which concepts to adopt, adhere to, or abandon, thereby shoring up—or undercutting—the reasons for action and belief that guide our deliberations. Traditionally, reasons for concept use have been sought either in timeless rational foundations or in concepts’ inherent virtues, such as precision and consistency. Against this, the book advances two main claims: that we find reasons for concept use in the conceptual needs we discover when we critically distance ourselves from a concept by viewing it from the autoethnographic stance; and that sometimes, concepts that conflict, or exhibit other vices such as vagueness or superficiality, are just what we need. By considering not what concepts are absolutely best, but what concepts we now need, we can reconcile ourselves to the contingency of our concepts, determine the proper place of efforts to tidy up thought, and adjudicate between competing conceptions of things,—even things as contested as liberty or free will. A needs-based approach separates helpful clarification from hobbling tidy-mindedness, and authoritative definition from conceptual gerrymandering. (shrink)

Philosophers often consider problems of free will and moral luck in isolation from one another, but both are about control and moral responsibility. One problem of free will concerns the difficult task of specifying the kind of control over our actions that is necessary and sufficient to act freely. One problem of moral luck refers to the puzzling task of explaining whether and how people can be morally responsible for actions permeated by factors beyond their control. This chapter explicates and (...) assesses skeptical, compatibilist, and libertarian approaches to moral luck. First, I argue that what makes the above problems of free will and moral luck distinct is largely their emphasis on different kinds of luck. Second, I describe and evaluate skeptical arguments from constitutive and circumstantial luck that it is impossible to act freely. Third, I explicate and assess various support and implication relationships between various kinds of compatibilism and libertarianism, on the one hand, and causal, constitutive, circumstantial, and resultant moral luck, on the other. (shrink)

This paper has two goals: (1) to defend a particular response to the problem of resultant moral luck and (2) to defend the claim that we are only responsible for what we could have avoided. Cases of overdetermination threaten to undermine the claim that we are only responsible for what we could have avoided. To deal with this issue, I will motivate a particular way of responding to the problem of resultant moral luck. I defend the view that one's degree (...) of responsibility is immune to moral luck but the scope of events for which one is responsible is subject to moral luck. I will then argue that this view allows us to explain away certain intuitions about responsibility and overdetermination (as well as similar intuitions regarding Frankfurt Cases). As a result, the claim that we are only responsible for what we could have avoided becomes significantly more plausible. (shrink)

It is almost unanimously accepted that Kant denies resultant moral luck—that is, he denies that the lucky consequence of a person’s action can affect how much praise or blame she deserves. Philosophers often point to the famous good will passage at the beginning of the Groundwork to justify this claim. I argue, however, that this passage does not support Kant’s denial of resultant moral luck. Subsequently, I argue that Kant allows agents to be morally responsible for certain kinds of lucky (...) consequences. Even so, I argue that it is unclear whether Kant ultimately endorses resultant moral luck. The reason is that Kant does not write enough on moral responsibility for consequences to determine definitively whether he thinks that the lucky consequence for which an agent is morally responsible can add to her degree of praiseworthiness or blameworthiness. The clear upshot, however, is that Kant does not deny resultant moral luck. (shrink)

Some accounts of moral responsibility hold that an agent's responsibility is completely determined by some aspect of the agent's mental life at the time of action. For example, some hold that an agent is responsible if and only if there is an appropriate mesh among the agent's particular psychological elements. It is often objected that the particular features of the agent's mental life to which these theorists appeal (such as a particular structure or mesh) are not necessary for responsibility. This (...) is because there appear to be cases in which an agent acts at an earlier time which causes her to lack the appropriate psychological features at some later time and yet, intuitively, she is responsible at that later .. (shrink)

In resultant moral luck, blame and punishment seem intuitively to depend on downstream effects of a person’s action that are beyond his or her control. Some skeptics argue that we should override our intuitions about moral luck and reform our practices. Other skeptics attempt to explain away apparent cases of moral luck as epistemic artifacts. I argue, to the contrary, that moral luck is real—that people are genuinely responsible for some things beyond their control. A partially consequentialist theory of responsibility (...) justifies moral luck. But this justification is no mere rationalization of the status quo. Recent experimental and evolutionary work on punishment and learning suggests that the very same reasons that justify moral luck have also shaped the evolution of our luck-sensitive moral practices. (shrink)

The problem of moral luck arises due to a particular tension in our thought. On the one hand, we seem readily inclined to endorse the principle that moral responsibility, that is, one’s praiseworthiness or blameworthiness, cannot be affected by luck, that is, by factors over which one lacks control. But, when we examine our actual practices, we find that our moral judgments are highly sensitive to luck. This resulting tension between principle and practice is the problem of moral luck, and (...) an attempt to solve this problem is an attempt to resolve this tension. The article first explains the traditional characterization of the problem and reviews three general strategies in responding to it. It is then argued that we should characterize the problem in a slightly broader way. This refocusing turns out to have significant methodological implications. (shrink)

Morally worthy actions are morally exemplary actions. They are the result of an agent manifesting his virtue. However, the details are controversial. What should the morally exemplary agent care about and what does it mean to be morally aware? In this paper, I examine these questions and present a novel account of morally worthy action.

The book concerns what I take to be the least controversial normative principle concerning action: you ought to perform your best option—best, that is, in terms of whatever ultimately matters. The book sets aside the question of what ultimately matters so as to focus on more basic issues, such as: What are our options? Do I have the option of typing out the cure for cancer if that’s what I would in fact do if I had the right intentions at (...) the right times (e.g., the intention to type the letter T at t1, the intention to type the letter H at t2, the intention to type the letter E at t3, etc.)? If I can’t form intentions voluntarily, does that mean that I don’t have the option of forming the intention that I ought to form? Which options do we assess directly in terms of their own goodness and which do we assess in terms of their relations to the goodness of other options? What do we hold fixed when assessing how good an option is? Do we, for instance, hold fixed the agent’s future beliefs, desires, and intentions? And do we hold fixed the agent’s predictable future misbehavior? Lastly, how do the things that ultimately matter determine the goodness of an option? If one of the things that ultimately matters in determining the goodness of an option is that the option doesn’t involve violating anyone’s rights, do we evaluate the option itself in terms of whether it involves violating anyone’s rights or do we evaluate the option’s prospect in terms of this and then the option in terms of its prospect? And what if there is indeterminacy or uncertainty with regards to whether an option would involve violating someone’s rights? (shrink)

It is gratifying to me, though perhaps it will be disappointing to you, to discover that Neil Levy and I agree on much of what to say about the morality of punishment. His summary of the contents of The Immorality of Punishment is both generous and, for the most part, accurate, and the concerns that he raises are certainly reasonable. In what follows, I will address what I take to be the most significant of these concerns.IAs Levy notes, in the (...) book I discuss alleged moral justifications of legal punishment that have been proposed both from a retributivist and from a non-retributivist perspective. What I take to be my two most significant arguments—the Argument from Ignorance and the Argument from Luck—concern the former perspective, but let me say something first about some of the reasons I gave for doubting that legal punishment can be morally justified on non-retributivist grounds. I considered three such grounds: rehabilitation, by either educative or non-educative means, of the pe .. (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)

In Ignorance of Law, Douglas Husak’s main thesis is that ignorance of the law typically provides an excuse for breaking the law, but in the case of recklessness he claims that the excuse it provides is only a partial one, and in the case of willful ignorance he claims that it provides no excuse at all. In this paper I argue that, given the general principle to which Husak appeals in order to support his main thesis, he should revise his (...) position on the exculpatory significance of both recklessness and willful ignorance. (shrink)

Some have argued that our intuitive reactions to a number of cases of moral responsibility can only be preserved at the expense of a unified account of moral responsibility for acts and omissions. I argue against this conclusion, proposing that a plausible condition on responsibility, the Causal Condition can, when properly elaborated, justify the relevant intuitive data.

Midwest Studies In Philosophy, EarlyView.

According to a view I’ll call Epistemic Normativism, knowledge is normative in the same sense in which paradigmatically normative properties like justification are normative. This paper argues against EN in two stages and defends a positive non-normativist alternative. After clarifying the target in §1, I consider in §2 some arguments for EN from the premise that knowledge entails justification. I first raise some worries about inferring constitution from entailment. I then rehearse the reasons why some epistemologists reject the Entailment Thesis (...) and argue that a non-normativist picture provides the best explanation of all the intuitions surrounding this thesis, favorable and unfavorable. On this picture, human knowledge is a structured non-normative complex that has as one of its parts a justification-making property, analogous in role to good-making properties like pleasurableness. After giving three arguments against EN in §3 and answering an objection in §4, I turn in §5 to further develop the positive view sketched in §2. In §6, I take stock and conclude. (shrink)

ABSTRACT Many of our common-sense moral judgments seemingly imply the existence of moral luck. I attempt to avoid moral luck while retaining most of these judgments. I defend a view on which agents have moral equality of opportunity. This allows us to account for our anti-moral-luck intuitions at less cost than has been previously recognized.

Ulrike Heuer argues that there can be a reason for a person to perform an action that this person cannot perform, as long as this person can take efficient steps towards performing this action. In this reply, I first argue that Heuer's examples fail to undermine my claim that there cannot be a reason for a person to perform an action if it is impossible that this person will perform this action. I then argue that, on a plausible interpretation of (...) what 'efficient steps' are, Heuer's claim is consistent with my claim. I end by showing that Heuer fails to undermine the arguments I gave for my claim. (shrink)

I introduce an underdiscussed type of moral luck, which I call interpersonal moral luck. Interpersonal moral luck characteristically occurs when the actions of other moral agents, qua morally evaluable actions, affect an agent’s moral status in a way that is outside of that agent’s capacity to control. I suggest that interpersonal moral luck is common in collective contexts involving shared responsibility and has interesting distinctive features. I also suggest that many philosophers are already committed to its existence. I then argue (...) that agents who are susceptible to interpersonal moral luck are usually for this reason defeasibly entitled to make demands of those agents who are the source of that luck. This is the phenomenon of normative entanglement. I conclude by discussing some of the important ways in which normative entanglement can shape the norms that govern the actions of agents in collective contexts as well as explain some of our intuitions about what participants in these contexts owe one another. (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)

Ethics settings allow for morally significant decisions made by humans to be programmed into autonomous machines, such as autonomous vehicles or autonomous weapons. Customizable ethics settings are a type of ethics setting in which the users of autonomous machines make such decisions. Here two arguments are provided in defence of customizable ethics settings. Firstly, by approaching ethics settings in the context of failure management, it is argued that customizable ethics settings are instrumentally and inherently valuable for building resilience into the (...) larger socio-technical systems in which autonomous machines operate. Secondly, after defining the preliminary condition of responsibility attribution and demonstrating how ethics settings enable humans to exert control over the outcomes of morally significant incidents, it is shown that ethics settings narrow the responsibility gap. (shrink)

According to many, to have epistemic justification to believe P is just for it to be epistemically permissible to believe P. Others think it is for believing P to be epistemically good. Yet others think it has to do with being epistemically blameless in believing P. All such views of justification encounter problems. Here, a new view of justification is proposed according to which justification is a kind of composite normative status. The result is a view of justification that offers (...) hope of solving some longstanding epistemological problems. (shrink)

O objetivo desse artigo é investigar o problema da justificação da punição, a saber, como é possível justificar normativamente o dano intencional retributivo reprobatório infligido pelo Estado aos ofensores? Nossa estratégia será tentar conectar a função corretiva e os eventos de remorso, arrependimento e perdão do âmbito privado da punição com o domínio público, de forma a questionar a correção normativa da punição legal. Posteriormente, veremos como o contratualismo pode justificar a instituição da punição de uma forma mais eficiente e (...) como a ética das virtudes pode ser um atrativo modelo quando pensamos em quem punir e o quanto. Por fim, defenderemos que uma teoria moral mista seria desejável para melhor resolver os complexos problemas da justificação da punição. (shrink)

This essay attempts to provide and defend what may be the first actual argument in support of P. F. Strawson's merely stated vision of a response-dependent theory of moral responsibility. It does so by way of an extended analogy with the funny. In part 1, it makes the easier and less controversial case for response-dependence about the funny. In part 2, it shows the tight analogy between anger and amusement in developing the harder and more controversial case for response-dependence about (...) a kind of blameworthiness. It then defends the view from three serious skeptical challenges. (shrink)

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)

In this paper I critically examine Michael Moore's views about responsibility in overdetermination cases. Moore argues for an asymmetrical view concerning actions and omissions: whereas our actions can make us responsible in overdetermination cases, our omissions cannot. Moore argues for this view on the basis of a causal claim: actions can be causes but omissions cannot. I suggest that we should reject Moore's views about responsibility and overdetermination. I argue, in particular, that our omissions can make us responsible in overdetermination (...) cases. I go on to provide an account of how this may be possible. (shrink)

Midwest Studies In Philosophy, EarlyView.

Moral luck occurs when factors beyond an agent’s control affect her blameworthiness. Several scholars deny the existence of moral luck by distinguishing judging blameworthy from blame-related practices. Luck does not affect an agent’s blameworthiness because morality is conceptually fair, but it can affect the appropriate degree of blame for that agent. While separatism resolves the paradox of moral luck, we aim to show it that it needs amendment, because it is unfair to treat two equally blameworthy people unequally. We argue (...) that separatists should conceive fairness as a pro tanto reason for blame. By locating fairness as a ground for blame within a wider axiology of blame, separatism could resolve the challenge of blaming fairly. In such an axiology, reasonable and fair blame diverge. (shrink)

Penicillin is a serendipitous discovery par excellence. But, what does this say about Alexander Fleming’s praiseworthiness? Clearly, Fleming would not have received the Nobel Prize, had not a mould accidently entered his laboratory. This seems paradoxical, since it was beyond his control. The present article will first discuss Fleming’s discovery of Penicillin as an example of moral luck in science and technology and critically assess some common responses to this problem. Second, the Control Principle that says that people are not (...) responsible for things beyond their control will be defended. An implication of this principle is that Alexander Fleming’s desert, which is based on his epistemic skills, remains untouched by luck. Third, by distinguishing different notions of praiseworthiness, a way to resolve the paradox of moral luck will be elaborated. Desert provides only a pro tanto reason to determine whether someone is an appropriate addressee of reward. Here, luck can make a difference. Forth, it will be argued that stimulating the quest for socially beneficial science provides a compelling reason to treat scientists with equal desert differently. Penicillin provides striking evidence for the importance of this quest and showcasing it incentivizes the making of socially beneficial science. Ultimately, it will be justified why Fleming deserved the Nobel Prize in at least one sense of the concept. (shrink)

In this article I argue against the idea that actions are to be morally judged only for the motive or intention out of which the agent performed or intended to perform the action. Particularly, I put forward different cases by which I discuss the contrast between will or intention and consequences; between negligence and decisions under uncertainty, and outcomes; between deliberate and inadvertent acts; and between intention and action; aiming to show the additional role played by each pair’s second element (...) in determining the deserved moral judgment. (shrink)

Resultant moral luck occurs whenever aspects of an agent’s moral responsibility are affected by luck pertaining to the outcomes of their actions. Many authors reject the existence of moral luck in this sense, but they do so in different ways. Michael Zimmerman argues that resultant luck affects the scope of moral responsibility, but not its degree. That is, it affects what agents are responsible for, but not how responsible they are. Andrew Khoury takes a more resolute approach, arguing that both (...) the scope and the degree of moral responsibility are free from resultant luck.In this paper, I criticize both accounts and develop an alternative. I argue, first, that Khoury’s approach leads to an implausibly far-reaching error-theory about moral responsibility. Second, Zimmerman’s account cannot account for all the ways in which moral responsibility comes in degrees. Third, these problems can be overcome by introducing a distinction between two concepts of responsibility that both come with scope and degree. The first concept I call internal responsibility, as it applies exclusively to agent-internal factors. The second concept I call external responsibility, as it applies to (partly) agent-external factors such as actions and their outcomes. Given this distinction, we can avoid the problems of Khoury’s as well as Zimmerman’s accounts while preserving the central intuition behind the rejection of resultant moral luck. (shrink)

This paper identifies a distinctive kind of moral luck, deep circumstantial luck and then explores its effects on moral responsibility. A key feature of the phenomenon is that it is recurrent rather than one-off. It also affects agents across a wide range of situations making it difficult to detect. Deeply unlucky agents are subject to unfavourable moral assessments through no fault of their own both in specific cases and when they try to respond to such initial assessments. In this respect, (...) deep circumstantial luck takes the form of a normative burden that grows over time. A process-oriented conception of moral responsibility as answerability is proposed to explain this phenomenon and highlight its implications for rethinking vicarious responsibility. (shrink)

Is the idea of the voluntary important? Those who think so tend to regard it as an idea that can be metaphysically deepened through a theory about voluntary action, while those who think it a superficial idea that cannot coherently be deepened tend to neglect it as unimportant. Parting company with both camps, I argue that the idea of the voluntary is at once important and superficial—it is an essentially superficial notion that performs important functions, but can only perform them (...) if we refrain from deepening it. After elaborating the contrast between superficial and deepened ideas of the voluntary, I identify the important functions that the superficial idea performs in relation to demands for fairness and freedom. I then suggest that theories trying to deepen the idea exemplify a problematic moralization of psychology—they warp psychological ideas to ensure that moral demands can be met. I offer a three-tier model of the problematic dynamics this creates, and show why the pressure to deepen the idea should be resisted. On this basis, I take stock of what an idea of the voluntary worth having should look like, and what residual tensions with moral ideas this leaves us with. (shrink)

This essay answers two questions that continue to drive debate in moral and legal philosophy; namely, ‘Is a risk of harm a wrong?’ and ‘Is a risk of harm a harm?’. The essay’s central claim is that to risk harm can be both to wrong and to harm. This stands in contrast to the respective positions of Heidi Hurd and Stephen Perry, whose views represent prominent extremes in this debate about risks. The essay shows that there is at least one (...) category of risks – intentional impositions of risk on unconsenting agents – which can be both wrongful and harmful. The wrongfulness of these risks can be established when, on the balance of reasons, one ought not to impose them. The harmfulness of these risks can be established when the risks are shown to set back legitimate interests. In those cases where risks constitute a denial of the moral status of agents, risks set back agents’ interest in dignity. In these ways, the essay shows that there are instances when a risk can constitute both a wrong and a harm. (shrink)

Knowledge excludes luck. According to the received view, this intuition reveals that knowing is essentially modal in character. This paper demurs. Either knowledge does not exclude luck, or the entailment reveals nothing about its conceptual character. It is argued that knowledge excludes accidentality, and that this notion is not modal but causal‐explanatory. There are three central tasks. The first is to explicate the concept of accident. The second is to argue that the concepts of luck and accident are “intensionally distinct,” (...) which is to say that no member of the intension of either holds on both. The third is to argue that an anti‐accident requirement on knowledge is preferable to an anti‐luck analogue on abductive grounds. (shrink)

Robert Hartman’s parallelism argument aims to show that resultant moral luck exists. The gist of the argument is this: because there is circumstantial moral luck in a particular circumstantial luck scenario and that scenario is analogous in important ways to a particular resultant luck scenario, the resultant luck scenario is plausibly an instance of resultant moral luck. I argue that there is a principled way of denying that circumstantial moral luck is present in the circumstantial luck scenario. Doing so is (...) not enough, however, to reject Hartman’s general analogical line of reasoning since an alternative parallelism argument based on a resultant luck scenario and a circumstantial luck scenario of another kind can be made. Nevertheless, I argue that the analogy between the circumstantial luck scenario and the resultant luck scenario in both the alternative parallelism argument and its original counterpart is too weak to support the claim that resultant moral luck is present in the resultant luck scenario. (shrink)

Midwest Studies In Philosophy, EarlyView.

In rejecting the Principle of AlternatePossibilities (PAP), Harry Frankfurt makes useof a special sort of counterfactual of thefollowing form: ``he wouldn''t have doneotherwise even if he could have''''. Recently,other philosophers (e.g., Susan Hurley (1999,2003) and Michael Zimmerman (2002)) haveappealed to a special class of counterfactualsof this same general form in defending thecompatibility of determinism andresponsibility. In particular, they claim thatit can be true of agents that even if they aredetermined, and so cannot do otherwise, theywouldn''t have done otherwise even if (...) they couldhave. Using as a central case an argument ofSusan Hurley''s, I point out that thecounterfactuals in question are both``interlegal'''' and ``indeterministic'''', and I raisedoubts about whether this special class ofcounterfactuals have clear truth conditions. Finally I suggest that acknowledging thesepoints leads to an appreciation of the realstrength of Frankfurt-style examples. (shrink)

In everyday life, we assume that there are degrees of blameworthiness and praiseworthiness. Yet the debate about the nature of moral responsibility often focuses on the “yes or no” question of whether indeterminism is required for moral responsibility, while questions about what accounts for more or less blameworthiness or praiseworthiness are underexplored. In this paper, I defend the idea that degrees of blameworthiness and praiseworthiness can depend in part on degrees of difficulty and degrees of sacrifice required for performing the (...) action in question. Then I turn to the question of how existing accounts of the nature of moral responsibility might be seen to accommodate these facts. In each case of prominent compatibilist and incompatibilist accounts that I consider, I argue that supplementation with added dimensions is required in order to account for facts about degrees of blameworthiness and praiseworthiness. For example, I argue that the reasons-responsiveness view of Fischer and Ravizza requires supplementation that takes us beyond even fine-grained measures of degrees of reasons-responsiveness in order to capture facts about degrees of difficulty to extend the reasons-responsiveness view by appealing to such measures). I conclude by showing that once we recognize the need for these additional parameters, we will be in a position to explain away at least some of the appeal of incompatibilist accounts of moral responsibility. (shrink)

I consider cases in which a person’s action causes a foreseeable harm, but does so through an unforeseeable causal path. According to a common view, the person is blameless for the harm in such cases. I argue that any defense of this common view incurs serious costs. I then show how a popular view about resultant luck can make the rejection of the common view palatable.

An increasingly popular theory of moral responsibility, Attributionism, identifies attitudes as the locus of direct responsibility. And yet, two agents with qualitatively identical attitudes may differ in their responsibility due to a difference in whether they act on those attitudes. On the most plausible interpretation of Attributionism, attitude duplicates differ in their responsibility only with respect to the scope of what they’re responsible for: one agent is responsible for only their attitudes, while the other is responsible for their attitudes and (...) for acting in a way that reflects those attitudes. Against this, I argue that attitude duplicates may also differ with respect to their degrees of praiseworthiness, and that this is best explained by either the effort or sacrifice instantiated in one’s actions—explanations unavailable to Attributionism. If this is correct, then Attributionism fails to provide an adequate account of praiseworthiness, and therefore fails as a theory of moral responsibility. (shrink)

This paper warns of two threats to moral responsibility that arise when accounting for omissions, given some plausible assumptions about how abilities are related to responsibility. The first problem threatens the legitimacy of our being responsible by expanding the preexisting tension that luck famously raises for moral responsibility. The second threat to moral responsibility challenges the legitimacy of our practices of holding responsible. Holding others responsible for their omissions requires us to bridge an epistemic gap that does not arise when (...) holding others responsible for their actions—one that we might often fail to cross. (shrink)

This paper investigates whether responsibility could be borne vicariously. I distinguish between three different senses of responsibility: attributional responsibility, practices of holding people responsible, and substantive responsibility. I argue that it is doubtful both whether attributional responsibility could be borne vicariously, and whether it could be appropriate to hold someone vicariously responsible. However, I suggest that substantive responsibility can genuinely be borne vicariously. Getting clear on these conceptual issues has important implications for how we approach more concrete legal and political (...) questions. More specifically, I argue these abstract arguments can be used to inform views on the common-law doctrine of joint enterprise, and on reparations for historic injustice. (shrink)

This paper comes out of a panel honoring the work of Anne Donchin (1940-2014), which took place at the 2016 Congress of the International Network on Feminist Approaches to Bioethics (FAB) in Edinburgh. My general aim is to highlight the contributions Anne made to feminist bioethics, and to feminist reproductive ethics in particular. My more specific aim, however, is to have a kind of conversation with Anne, through her work, about whether reproductive justice could demand insurance coverage for in vitro (...) fertilization. I quote liberally from Anne’s work for this purpose, but also to shower the reader with her words, reminding those of us who knew her well what a wonderful colleague she was. (shrink)

Examination of several accounts regarding the nature of moral responsibility allows the extraction of a conceptual core common to all of them. Relying on that core conception of moral responsibility, the paper explores what human life without moral responsibility would be like. That exploration establishes that many robust forms of human relationship and nonmoral normativity could continue, absent moral responsibility, even if moral responsibility were abandoned on incompatibilist grounds. Much more importantly, it also establishes, contra Waller and Pereboom, that only (...) some forms of morality—so-called “behavioral” forms—remain possible without moral responsibility. The paper argues that normative moral approaches that take into account agent intentions in order to assess the moral status of action cannot be applied without moral responsibility of agents. Thus, morality without responsibility needs to be behavioral, not consequentialist, as has often been thought. (shrink)

Most presentations of the problem of moral luck invoke the notion of control, but little has been said about what control amounts to. We propose a necessary condition on an agent's having been in control of performing an action: that the agent's effort to perform the action ensured that the agent performed the action. The difficulty of satisfying this condition leads many on both sides of the moral luck debate to conclude that much of what we do is not within (...) our control, and, at the limit, underpins agential skepticism, the view that no one has ever been in control of having performed an action in the external world. We propose a response to the agential skeptic modeled on the epistemological disjunctivist's response to the skeptic about perceptual experience. According to agential disjunctivism, the necessary condition on control can be met, thus undermining agential skepticism and one motivation for the problem of moral luck. Our view can be understood as resisting moral luck not by shrinking the domain of robust moral evaluation but by refusing to contract the realm of robust control. (shrink)