In this paper I will be arguing that there are cases in which a subject, S, should have known that p, even though, given her state of evidence at the time, she was in no position to know it. My argument for this result will involve making two claims. The uncontroversial claim is this: S should have known that p when another person has, or would have, legitimate expectations regarding S’s epistemic condition, the satisfaction of these expectations would require that (...) S knows that p, and S fails to know that p. The controversial claim is that these three conditions are sometimes jointly satisfied. I will spend the majority of my time defending the controversial claim. I will argue that there are two main sources of legitimate expectations regarding another’s epistemic condition: participation in a legitimate social practice ; and moral and epistemic expectations more generally . In developing my position on this score, I will have an opportunity to defend the doctrine that there are “practice-generated entitlements” to expect certain things, where it can happen that the satisfaction of these expectations requires another’s having certain pieces of knowledge; to contrast practice-generated entitlements to expect with epistemic reasons to believe; to defend the idea that moral and epistemic standards themselves can be taken to reflect legitimate expectations we have of each other; to compare the “should have known” phenomenon with a widely-discussed phenomenon in the ethics literature—that of culpable ignorance; and finally to suggest the bearing of the “should have known” phenomenon to epistemology itself. (shrink)

Non-moral ignorance can exculpate: if Anne spoons cyanide into Bill's coffee, but thinks she is spooning sugar, then Anne may be blameless for poisoning Bill. Gideon Rosen argues that moral ignorance can also exculpate: if one does not believe that one's action is wrong, and one has not mismanaged one's beliefs, then one is blameless for acting wrongly. On his view, many apparently blameworthy actions are blameless. I discuss several objections to Rosen. I then propose an alternative view on which (...) many agents who act wrongly are blameworthy despite believing they are acting morally permissibly, and despite not having mismanaged their moral beliefs.1. (shrink)

It is clear that lack of awareness of the consequences of an action can undermine moral responsibility and blame for these consequences. But when and how it does so is controversial. Sometimes an agent believing that the outcome might occur is excused because it seemed unlikely to her, and sometimes an agent having no idea that it would occur is nevertheless to blame. A low or zero degree of belief might seem to excuse unless the agent “should have known better”, (...) but it is unclear how to spell out this normative condition. -/- This chapter combines (a) an independently motivated account of responsibility, blame, and credit as grounded in a normal explanatory relation between agential qualities and objects of responsibility with (b) the familiar Strawsonian idea that moral blame and credit depend on the agent’s quality of will. The resulting explanatory quality of will condition on moral responsibility is then further motivated by being shown to account for the effects on moral blame and credit of justifications, as well as of excuses and undermined control in cases not involving ignorance. -/- The explanatory quality of will condition is finally applied to cases involving various degrees of lack of awareness. Though this condition itself involves no awareness requirement, it is shown how it accounts for the degrees to which lack of awareness can excuse. It is also explained how lack of awareness fails as an excuse exactly when the agent should have known better and can be blamed for not doing so. (shrink)

This paper lists a number of puzzles for shared obligations – puzzles about the role of individual influence, individual reasons to contribute towards fulfilling the obligation, about what makes someone a member of a group sharing an obligation, and the relation between agency and obligation – and proposes to solve them based on a general analysis of obligations. On the resulting view, shared obligations do not presuppose joint agency.

Together we can achieve things that we could never do on our own. In fact, there are sheer endless opportunities for producing morally desirable outcomes together with others. Unsurprisingly, scholars have been finding the idea of collective moral obligations intriguing. Yet, there is little agreement among scholars on the nature of such obligations and on the extent to which their existence might force us to adjust existing theories of moral obligation. What interests me in this paper is the perspective of (...) the moral deliberating agent who faces a collective action problem, i.e. the type of reasoning she employs when deciding how to act. I hope to show that agents have collective obligations precisely when they are required to employ ‘we-reasoning’, a type of reasoning that differs from I-mode, best response reasoning, as I shall explain below. More precisely, two (or more) individual agents have a collective moral obligation to do x if x is an option for action that is only collectively available (more on that later) and each has sufficient reason to rank x highest out of the options available to them. (shrink)

This paper provides an overview of Group Duties: Their Existence and Their Implications for Individuals.

The objective of this paper is to explain why certain authors - both popular and academic - are making a mistake when they attribute obligations to uncoordinated groups of persons, and to argue that it is particularly unhelpful to make this mistake given the prevalence of individuals faced with the difficult question of what morality requires of them in a situation in which there's a good they can bring about together with others, but not alone. I'll defend two alternatives to (...) attributing obligations to uncoordinated groups. The first solution has us build better people, who will coordinate their actions willingly and spontaneously when the occasion arises. The second solution has us build better groups, so that when the occasion arises, there is a framework in place for coordinating members into action. (shrink)

In moral and political philosophy, collective obligations are promising “gap-stoppers” when we find that we need to assert some obligation, but can not plausibly ascribe this obligation to individual agents. Most notably, Bill Wringe and Jesse Tomalty discuss whether the obligations that correspond to socio-economic human rights are held by states or even by humankind at large. The present paper aims to provide a missing piece for these discussions, namely an account of the conditions under which obligations can apply to (...) loose collections of agents that do not qualify as collective agents in their own right. I first explain the notion of joint obligations of loose collections of agents as opposed to collective obligations of collections of agents that are collective agents in their own right, and argue that the conditions under which agents can jointly have obligations are the conditions under which they are jointly able to do what is required. I then build on Virginia Held’s seminal work on the moral responsibility of “random collections” to develop such conditions for joint ability. My discussion shows that collections of individuals can more easily be subject to moral obligations than previously assumed. It also shows that putative joint obligations need to be carefully time-indexed, and that it is largely an empirical question whether a given collection can be subject to a moral obligation to perform a given joint action at a particular time. (shrink)

Many authors hold that collectives, as well as individuals can be the subjects of obligations. Typically these authors have focussed on the obligations of highly structured groups, and of small, informal groups. One might wonder, however, whether there could also be collective obligations which fall on everyone – what I shall call ' global collective obligations '. One reason for thinking that this is not possible has to do with considerations about agency : it seems as though an entity can (...) only be the subject of obligations if it is an agent. In this paper, I try to show that the argument from agency is not a good reason for being sceptical about the existence of global collective obligations : it derives whatever plausibility it has from the idea that claims about obligation need to be addressable to some agent. My suggestion is that we should accept this principle about the addressability of obligations, but deny that the addressee of an obligation need be the subject of that obligation. The collective obligations of unstructured collections of individuals, including global collective obligations, meet the addressability requirement insofar as they require something of the individuals who make up the collective. (shrink)

It is commonplace to attribute obligations to φ or blameworthiness for φ-ing to groups even when no member has an obligation to φ or is individually blameworthy for not φ-ing. Such non-distributive attributions can seem problematic in cases where the group is not a moral agent in its own right. In response, it has been argued both that non-agential groups can have the capabilities requisite to have obligations of their own, and that group obligations can be understood in terms of (...) moral demands on individual group members. It has also been suggested that members of groups can share responsibility for an outcome in virtue of being causally or socially connected to that outcome. This paper discusses the agency problem and argues that the most promising attempts at solutions understand group obligations and blameworthiness as grounded in demands on individual agents. (shrink)

I argue against the claim that morally ignorant wrongdoers are open to blame only if they are culpable for their ignorance, and I argue against a version of skepticism about moral responsibility that depends on this claim being true. On the view I defend, the attitudes involved in blame are typically responses to the features of an action that make it objectionable or unjustifiable from the perspective of the one who issues the blame. One important way that an action can (...) appear objectionable to us is that it expresses a judgment with which we disagree about the significance of the interests of those affected by the action. A morally ignorant wrongdoer’s actions may express such judgments even if it is not her fault that she is unaware of the moral status of her behavior, and even if it would be unreasonable to expect her to be aware of its status. (shrink)

The requirement that moral theories be usable for making decisions runs afoul of the fact that decision makers often lack sufficient information about their options to derive any accurate prescriptions from the standard theories. Many theorists attempt to solve this problem by adopting subjective moral theories—ones that ground obligations on the agent’s beliefs about the features of her options, rather than on the options’ actual features. I argue that subjective deontological theories suffer a fatal flaw, since they cannot appropriately require (...) agents to gather information before acting. (shrink)

In this paper I develop an account of member obligation: the obligations that fall on the members of an obligated collective in virtue of that collective obligation. I use this account to argue that unorganized collections of individuals can constitute obligated agents. I argue first that, to know when a collective obligation entails obligations on that collective’s members, we have to know not just what it would take for each member to do their part in satisfying the collective obligation, but (...) also what they should do if they cannot do their part because others will not do theirs. I go on to argue (contra recent proposals) that it is not good enough for members in this situation to reasonably believe that others will not do their part. Rather, for a member of an obligated collective to permissibly escape doing her part in a collective obligation, she must both reasonably doubt that others will do their part and stand ready to act in case others do as well. -/- This necessary condition for collective obligation points the way to plausible sufficient conditions – conditions that, I argue, allow unstructured collectives to bear obligations. For (a) if a collective’s members are individually obligated to be ready to do their part, in a given collective action, and (b) if that individual readiness makes it sufficiently likely that the collective will in fact act, then it is hard to see what could block an attribution of collective obligation. In particular, in that case there ought to be no additional objection that there is no existing, organized “agent” on which the obligation might fall. For agents are, simply, things that can act. To be able to act is just to be able to succeed by trying. Unstructured collectives try to do something, I argue, when each member acts on their willingness to do their part in that thing if others do theirs; sometimes they succeed, producing a collective action. Some unstructured collectives, therefore, can succeed by trying; therefore, they can act; therefore they are agents. (shrink)

A point of contention in recent discussions of the epistemic condition of moral responsibility is whether culpable ignorance must trace to akratic belief mismanagement. Neil Levy has recently defended an akrasia requirement by arguing that only an akratic agent has the capacity rationally to comply with epistemic expectations the violation of which contributes to her ignorance. In this paper I show that Levy’s argument is unsound. It is possible to have the relevant rational capacity in the absence of akrasia. I (...) also argue that the internalist account of rationality that does much of the work in his argument is problematic. (shrink)

There is good reason to think that moral responsibility as accountability is tied to the violation of moral demands. This lends intuitive support to Type-Symmetry in the collective realm: A type of responsibility entails the violation or unfulfillment of the same type of all-things-considered duty. For example, collective responsibility necessarily entails the violation of a collective duty. But Type-Symmetry is false. In this paper I argue that a non-agential group can be collectively responsible without thereby violating a collective duty. To (...) show this I distinguish between four types of responsibility and duty in collective contexts: corporate, distributed, collective, shared. I set out two cases: one involves a non-reductive collective action that constitutes irreducible wrongdoing, the other involves a non-divisible consequence. I show that the violation of individual or shared duties both can lead to irreducible wrongdoing for which only the group is responsible. Finally, I explain why this conclusion does not upset any work on individual responsibility. (shrink)

No one is excused from doing what he ought to do merely because he is unwilling to do it. But what if others are unwilling to play their necessary role in some joint venture that you all ought to undertake: might that excuse you from doing what you yourself ought to do as part of that? It would, if you were genuinely willing to play your necessary part if they were. But the unwillingness of everyone involved cannot reciprocally serve to (...) excuse one another from doing what they ought to do. (shrink)

In this paper, I advance a counterexample to the collective agency thesis.

Our moral obligations can sometimes be collective in nature: They can jointly attach to two or more agents in that neither agent has that obligation on their own, but they – in some sense – share it or have it in common. In order for two or more agents to jointly hold an obligation to address some joint necessity problem they must have joint ability to address that problem. Joint ability is highly context-dependent and particularly sensitive to shared (or even (...) common) beliefs. As such, joint ability can be deliberately generated in a given collection of agents by providing information related to collective goals and contributory actions. As moral agents, we regularly face problems wherein the outcome of our actions depends on how others choose. There are two ways of deliberating about our own choices in such cases. We can either think of our choices as best responses to others’ choices (I-mode reasoning). Or we can think of our own choices as contributions to the collectively best option (even when we do not know how others are (likely) to choose) (we-mode reasoning). In deliberating about the right (individual) course of action vis-à-vis collective action problems, agents regularly we-frame the case at hand, that is, they include options in their deliberation that are only collectively available, and they we-reason with regard to their individual contributory actions. It is a necessary condition for collective obligations that potential collaborators facing a joint necessity case have grounds to privilege we-reasoning over reasoning in I-mode. (shrink)

Michael J. Zimmerman offers a conceptual analysis of the moral ‘ought’ that focuses on moral decision-making under uncertainty. His central case, originally presented by Frank Jackson, concerns a doctor who must choose among three treatments for a minor ailment. Her evidence suggests that drug B will partially cure her patient, that one of either drug A or C would cure him completely, but that the other drug would kill him. Accepting the intuition that the doctor ought to choose drug B, (...) Zimmerman argues that moral obligation consists in performing the action that is ‘prospectively best,’ that is ‘that which, from the moral point of view, it is most reasonable for the agent to choose’ given the evidence available to her at the time.Zimmerman defends his Prospective View of moral obligation against two main competitors in the long, first chapter of the book. According to the Objective View, a person ought to choose what is, in fact, the best option. The doctor ought to give her patient whichever drug will actually cure him. The fact that the doctor cannot know whether this is drug …. (shrink)

Are individuals responsible for the consequences of actions taken by their community? What about their community's inaction or its attitudes? In this innovative book, Larry May departs from the traditional Western view that moral responsibility is limited to the consequences of overt individual action. Drawing on the insights of Arendt, Jaspers, and Sartre, he argues that even when individuals are not direct participants, they share responsibility for various harms perpetrated by their communities.