To be responsible for their acts, agents must both perform those acts voluntarily and in some sense know what they are doing. Of these requirements, the voluntariness condition has been much discussed, but the epistemic condition has received far less attention. In Who Knew? George Sher seeks to rectify that imbalance. The book is divided in two halves, the first of which criticizes a popular but inadequate way of understanding the epistemic condition, while the second seeks to develop a more (...) adequate alternative. It is often assumed that agents are responsible only for what they are aware of doing or bringing about--that their responsibility extends only as far as the searchlight of their consciousness. The book criticizes this "searchlight view" on two main grounds: first, that it is inconsistent with our attributions of responsibility to a broad range of agents who should but do not realize that they are acting wrongly or foolishly, and, second, that the view is not independently defensible. The book's positive view construes the crucial relation between an agent and his failure to recognize the wrongness or foolishness of what he is doing in causal terms: the agent is responsible when, and because, his failure to respond to his reasons for believing that he is acting wrongly or foolishly has its origins in the same constitutive psychology that generally does render him reason-responsive. (shrink)

Ordinary morality judges agents blameworthy for negligently produced harms. In this paper I offer two main reasons for thinking that explaining just how negligent agents are responsible for the harms they produce is more problematic than one might think. First, I show that negligent conduct is characterized by the lack of conscious control over the harm, which conflicts with the ordinary view that responsibility for something requires at least some conscious control over it. Second, I argue that negligence is relevantly (...) indistinguishable from inadvertence, which is ordinarily thought to excuse agents from responsibility. I argue that the parallels between negligence and inadvertence suggest that negligent agents are not responsible for the harms they produce, while proposing an alternative model for distinguishing between negligence and inadvertence that does justice to our intuitions. (shrink)

Criminal law commonly requires judges and juries to decide whether defendants acted reasonably. Nevertheless, issues of reasonableness fall into two distinct categories: (1) where reasonableness concerns events and states, including risks of which an actor is conscious, that can be justly assessed without regard to the actor’s individual traits, and (2) where reasonableness concerns culpable mental states and emotions that cannot justly be assessed without reference to the actor’s capacities. This distinction is significant because, while the reasonable person by which (...) category-1 cases are assessed is a disembodied and impersonal ideal that consists of nothing but the uncompromising values of the jurisdiction, the reasonable person by which category-2 cases are measured must necessarily incorporate some of an actor’s individual traits or risk blaming the blameless. Courts and commentators have thus far approached the task of individualizing or subjectivizing reasonableness in category 2 by trying to determine in advance which individual traits are generally relevant and which are not. I propose an alternative approach that, in addition to applying to negligence and voluntary manslaughter cases alike, derives its content from the social practice of blaming. I propose that a reasonable person in category-2 cases consists of every physical, psychological, and emotional trait an actor possesses, with one exception—the exception being that he possesses proper respect for the values of the people of the state as reflected and incorporated in the statute at hand. (shrink)

Does criminal liability require an act? -- Motive and criminal liability -- The costs to criminal theory of supposing that intentions are irrelevant to permissibility -- Transferred intent -- The nature and justifiability of nonconsummate offenses -- Strict liability, justice, and proportionality -- The sequential principle of relative culpability -- Willful ignorance, knowledge, and the equal culpability thesis : a study of the significance of the principle of legality -- Rapes without rapists : consent and reasonable mistake -- Mistake of (...) law and culpability -- On the supposed priority of justification to excuse -- Partial defenses -- The "but everybody does that!" defense -- The de minimis "defense" to criminal liability -- Why punish the deserving -- Malum prohibitum and retributivism -- Already punished enough. (shrink)

The paper has dual aim: to analyse the structure of negligence, and to use it to offer an explanation of responsibility (for actions, omissions, consequences) in terms of the relations which must exist between the action (omission, etc.) and the agents powers of rational agency if the agent is responsible for the action. The discussion involves reflections on the relations between the law and the morality of negligence, the difference between negligence and strict liability, the role of excuses and the (...) grounds of duties to pay damages. (shrink)

within-field task as testing proceeded. (In any case, the two-field task is presumably a more difficult one than the one-field task. ...

In this book Daniel Wegner offers a novel understanding of the relation of consciousness, the will, and our intentional and voluntary actions. Wegner claims that our experience and common sense view according to which we can influence our behavior roughly the way we experience that we do it is an illusion.

For any proposition P, it may sometimes occur that a person is not quite accurately describable as believing that P, nor quite accurately describable as failing to believe that P. Such a person, I will say, is in an "in-between state of belief." This paper argues for the prevalence of in-between states of believing and asserts the need for an account of belief that allows us intelligibly to talk about in-between believing. It is suggested that Bayesian and representationalist approaches are (...) inadequate to the task and that a Rylean dispositional account of belief might do the trick. (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)

This book presents a comprehensive overview of what the criminal law would look like if organised around the principle that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they deserve. Larry Alexander and Kimberly Kessler Ferzan argue that desert is a function of the actor's culpability, and that culpability is a function of the risks of harm to protected interests that the actor believes he is imposing and his reasons for acting in the (...) face of those risks. The authors deny that resultant harms, as well as unperceived risks, affect the actor's desert. They thus reject punishment for inadvertent negligence as well as for intentions or preparatory acts that are not risky. Alexander and Ferzan discuss the reasons for imposing risks that negate or mitigate culpability, the individuation of crimes, and omissions. (shrink)

In this article, I try to do two things. First I analyse critically the suggestion that the principles of criminal culpability can be explained by reference to a single, all-encompassing concept, such as “defiance of the law”. I then go on to explain the foundations of criminal culpability by reference to three interlocking theories — the capacity theory, the character theory, and the agency theory. I conclude that even these three theories may not be sufficient to explain the complex structure (...) of culpability, which is shaped as much by shared cultural understanding as by moral theory. (shrink)

I argue against the view that there is intrinsic value in making one's own decisions about the direction and shape of one's life.

This book provides a systematic, philosophically informed account of criminal responsibility. It begins by providing a general account of criminal responsibility based on the relationship between the action that the defendent has performed and their character. It then moves on to reconsider some of the central doctrines of criminal responsibility in the light of that account.

Originally published: Oxford: Clarendon, 1997.

ISBN 1-58477-498-3. Cloth. $125. * The standard one-volume treatise based on classic legal-realist principles.

Recent work within psychology demonstrates that unconscious cognition plays a central role in the judgments and actions of individuals. We distinguish between two basic types unconscious social cognition: unconsciousness of the influences on judgments and actions, and unconscious of the mental states that give rise to judgments and actions. Influence unconsciousness is corroborated by strong empirical evidence, but unconscious states are difficult to verify. We discuss procedures aimed at providing conclusive evidence of state unconsciousness, and apply them to recent empirical (...) findings. (shrink)