Retributivist accounts of punishment maintain that it is right to punish wrongdoers, even if the punishment has no future benefits. Research in experimental economics indicates that people are willing to pay to punish defectors. A complementary line of work in social psychology suggests that people think that it is right to punish wrongdoers. This work suggests that people are retributivists about punishment. However, all of the extant work contains an important potential confound. The target of the punishment is expected to (...) be aware of the punitive act. Thus, it's possible that people punish because they want to communicate something to the wrongdoer, e.g. disapproval, the presence of a norm, etc. In three studies, we examine whether people will punish even when the punishee will be ignorant. We find that people are no less likely to punish when the punishee will be ignorant. This finding emerges both in a survey study and in a monetized behavioural decision study. (shrink)

The illusory appeal of double effect -- The significance of intent -- Means and ends -- Blame.

Recent research in moral psychology has attempted to characterize patterns of moral judgments of actions in terms of the causal and intentional properties of those actions. The present study directly compares the roles of consequence, causation, belief and desire in determining moral judgments. Judgments of the wrongness or permissibility of action were found to rely principally on the mental states of an agent, while judgments of blame and punishment are found to rely jointly on mental states and the causal connection (...) of an agent to a harmful consequence. Also, selectively for judgments of punishment and blame, people who attempt but fail to cause harm more are judged more leniently if the harm occurs by independent means than if the harm does not occur at all. An account of these phenomena is proposed that distinguishes two processes of moral judgment: one which begins with harmful consequences and seeks a causally responsible agent, and the other which begins with an action and analyzes the mental states responsible for that action. Ó 2008 Elsevier B.V. All rights reserved. (shrink)

This paper argues that "moral luck", understood as a susceptibility of moral desert to lucky or unlucky outcomes, does not exist. The argument turns on the claim that epistemic inquiry is an indissoluble part of moral responsibility, and that judgment on the moral decision making of others should and can adjust for this fact; test cases which aim to isolate moral dilemmas from epistemic consideration misrepresent our moral experience. If the phenomena believed by some philosophers to exemplify the need to (...) admit moral luck as part of their explanation are analysed in the light of this insight, the case for "moral luck" dissolves. (shrink)

This essay is primarily concerned with one type of moral luck – luck in how things turn out. Do acts that actually lead to harm deserve the same treatment as similar acts that, by chance, do not lead to harm? This paper argues that we must recognize the truth in two, opposing tendencies in such cases.

Agent-regret seems to give rise to a philosophical puzzle. If we grant that we are not morally responsible for consequences outside our control (the ‘Standard View’), then agent-regret—which involves self-reproach and a desire to make amends for consequences outside one’s control—appears rationally indefensible. But despite its apparent indefensibility, agent-regret still seems like a reasonable response to bad moral luck. I argue here that the puzzle can be resolved if we appreciate the role that agent-regret plays in a larger social practice (...) that helps us deal with bad moral luck. That agent-regret is a component in a social practice limits the questions that we can reasonably ask about it. While we can ask whether an experience of agent-regret is rational given the norms of this practice, we cannot ask the question that motivates the puzzle of agent-regret, viz. whether agent-regret is rationally defensible according to the Standard View. (shrink)

Moral judgments, we expect, ought not to depend on luck. A person should be blamed only for actions and outcomes that were under the person’s control. Yet often, moral judgments appear to be influenced by luck. A father who leaves his child by the bath, after telling his child to stay put and believing that he will stay put, is judged to be morally blameworthy if the child drowns (an unlucky outcome), but not if his child stays put and doesn’t (...) drown. Previous theories of moral luck suggest that this asymmetry reflects primarily the influence of unlucky outcomes on moral judgments. In the current study, we use behavioral methods and fMRI to test an alternative: these moral judgments largely reflect participants’ judgments of the agent’s beliefs. In “moral luck” scenarios, the unlucky agent also holds a false belief. Here, we show that moral luck depends more on false beliefs than bad outcomes. We also show that participants with false beliefs are judged as having less justified beliefs and are therefore judged as more morally blameworthy. The current study lends support to a rationalist account of moral luck: moral luck asymmetries are driven not by outcome bias primarily, but by mental state assessments we endorse as morally relevant, i.e. whether agents are justified in thinking that they won’t cause harm. (shrink)

Moral luck is a puzzling aspect of our psychology: Why do we punish outcomes that were not intended (i.e. accidents)? Prevailing psychological accounts of moral luck characterize it as an accident or error, stemming either from a re‐evaluation of the agent's mental state or from negative affect aroused by the bad outcome itself. While these models have strong evidence in their favor, neither can account for the unique influence of accidental outcomes on punishment judgments, compared with other categories of moral (...) judgment. Why might punishment be particularly sensitive to moral luck? We suggest that such sensitivity is easily understood from the broader perspective of punishment's ultimate adaptive goal: Changing others’ behavior by exploiting their capacity to learn. This pedagogical perspective accounts for the exceptional influence of outcomes on punitive sentiments and makes predictions for additional moderators of punishment. We review evidence supporting the pedagogical hypothesis of punishment and discuss fruitful directions for future research. (shrink)

Humans have a strong sense of who should be punished, when, and how. Many features of these intuitions are consistent with a simple adaptive model: Punishment evolved as a mechanism to teach social partners how to behave in future interactions. Yet, it is clear that punishment as practiced in modern contexts transcends any biologically evolved mechanism; it also depends on cultural institutions including the criminal justice system and many smaller analogs in churches, corporations, clubs, classrooms, and so on. These institutions (...) can be thought of as a kind of ‘exaptation’: a culturally evolved set of norms that exploits biologically evolved intuitions about when punishment is deserved in order to achieve cooperative benefits for social groups. (shrink)

The puzzle of resultant moral luck arises when we are disposed to think that an agent who caused a harm deserves to be blamed more than an otherwise identical agent who did not. One popular perspective on resultant moral luck explains our dispositions to produce different judgments with regard to the agents who feature in these cases as a product not of what they genuinely deserve but of our epistemic situation. On this account, there is no genuine resultant moral luck; (...) there is only luck in what evidence becomes available to observers. In this paper, I develop an evolutionary account of our inclination to take the results of actions as evidence for the mental states of agents, thereby explaining why the resulting intuitions are recalcitrant to correction. The account explains why the puzzle of resultant moral luck arises: because our disposition to take the harms agents cause as evidence of their mental states can produce intuitions which conflict with those that arise when we examine agents’ mental states without reference to the results of their actions. The account also helps to solve the puzzle of resultant moral luck, by providing a strong reason to ignore the intuitions caused by our disposition to regard actual harms as evidence of mental states. Since these intuitions arise using an unreliable proxy for agents’ mental states, they ought to be trumped by more reliable evidence. (shrink)

Philosophical discussions of the phenomenon that has come to be known as ‘moral luck’ have either dismissed it as illusory or touted it as the evidence for doubting the probative value of our commitment to certain widely avowed views concerning interpersonal assessments of responsibility. In this discussion, we present a third, distinctive interpretation of the moral luck phenomenon. Drawing upon empirically robust results from psychological studies of judgment bias, we argue that the phenomenon of moral luck is demonstrably not illusory. (...) What we suggest, however, is that the phenomenon ought not to be taken to countenance doubts about the standards generally taken to be regulative of assessments of interpersonal responsibility. Rather, its significance lies in foregrounding certain generally unacknowledged obstacles we face in the process of conclusively applying general valid moral standards in making specific judgments of responsibility and desert.1. (shrink)

Philosophical discussions of the phenomenon that has come to be known as ‘moral luck’ have either dismissed it as illusory or touted it as the evidence for doubting the probative value of our commitment to certain widely avowed views concerning interpersonal assessments of responsibility. In this discussion, we present a third, distinctive interpretation of the moral luck phenomenon. Drawing upon empirically robust results from psychological studies of judgment bias, we argue that the phenomenon of moral luck is demonstrably not illusory. (...) What we suggest, however, is that the phenomenon ought not to be taken to countenance doubts about the standards generally taken to be regulative of assessments of interpersonal responsibility. Rather, its significance lies in foregrounding certain generally unacknowledged obstacles we face in the process of conclusively applying general valid moral standards in making specific judgments of responsibility and desert.1. (shrink)

Psychologists and neuroscientists have recently been unearthing the unconscious processes that give rise to moral intuitions and emotions. According to skeptics like Joshua Greene, what has been found casts doubt on many of our moral beliefs. However, a new approach in moral psychology develops a learning-theoretic framework that has been successfully applied in a number of other domains. This framework suggests that model-based learning shapes intuitions and emotions. Model-based learning explains how moral thought and feeling are attuned to local material (...) and social conditions. Philosophers can draw on these explanations, in some cases, in order to vindicate episodes of moral change. Explanations can support justifications by showing that they are not mere rationalizations. In addition, philosophical justifications are a fertile source for empirical hypotheses about the rational learning mechanisms that shape moral intuitions and emotions. (shrink)