I will argue that a desert-based justification for treating a person in a certain way is a justification that holds this treatment to be justified simply by what the person is like and what he or she has done, independent of (1) the fact that treating the person in this way will have good effects (or that treating people like him or her in this way will have such effects); (2) the fact that this treatment is called for by some (...) (justified) institution or practice; or (3) the fact that the person could have avoided being subject to this treatment by choosing appropriately, and therefore cannot complain of it. I will explore the implications of this understanding of desert for the role of desert-based justifications of blame, punishment, and economic reward. (shrink)

The goal of this paper is to explain and defend the following argument: (1) If it can be reasonably doubted that someone had free will with respect to some action, then it is a requirement of justice to refrain from doing serious retributive harm to him in response to that action. (2) Anyone who believes the free will debate to be philosophically valuable must accept that it can be reasonably doubted that anyone ever has free will. (3) Therefore, anyone who (...) believes the free will debate to be philosophically valuable must accept that it is a requirement of justice to refrain from serious retributive harm. (shrink)

In this book, Russell examines Hume's notion of free will and moral responsibility. It is widely held that Hume presents us with a classic statement of a compatibilist position--that freedom and responsibility can be reconciled with causation and, indeed, actually require it. Russell argues that this is a distortion of Hume's view, because it overlooks the crucial role of moral sentiment in Hume's picture of human nature. Hume was concerned to describe the regular mechanisms which generate moral sentiments such as (...) responsibility, and Russell argues that his conception of free will must be interprted within this naturalistic framework. He goes on to discuss Hume's views about the nature and character of moral sentiment; the extent to which we have control over our moral character; and the justification of punishment. Throughout, Russell argues that the naturalistic avenue of interpretation of Hume's thought, far from draining it of its contemporary interest and significance, reveals it to be of great relevance to the ongoing contemporary debate - particuarly in relation to the views of P.F. Strawson and his influential paper "Freedom and Resentment". (shrink)

The doyen of living English philosophers, by these reflections, took hold of and changed the outlook of a good many other philosophers, if not quite enough. He did so, essentially, by assuming that talk of freedom and responsibility is talk not of facts or truths, in a certain sense, but of our attitudes. His more explicit concern was to look again at the question of whether determinism and freedom are consistent with one another -- by shifting attention to certain personal (...) rather than moral attitudes, first of all gratitude and resentment. In the end, he arrived at a kind of Compatibilist or, as he says, Optimist conclusion. That is no doubt a recommendation but not the largest recommendation of this splendidly rich piece of philosophy. (shrink)

In this article I try to refute the so-called "libertarian" theory of free will, and to examine how our conclusion ought to modify our common attitudes of praise and blame. In attacking the libertarian view, I shall try to show that it cannot be consistently stated. That is, my dscussion will be an "analytic-philosophic" one. I shall neglect what I think is in practice an equally powerful method of attack on the libertarian: a challenge to state his theory in such (...) a way that it will fit in the modern biology and psychology, which are becoming increasingly physicalistic. (shrink)

An assumption central to some forms of retributivism is that it is noninstrumentally good that a culpable wrongdoer suffers in receiving a deserved punishment. A justification for this can be built from a conversational theory of moral responsibility, and in particular deserved blame. On such a theory, deserved blame is fitting as a response to a wrongdoer insofar as it is conversationally meaningful as a reply to a wrong done. Punishment, it might be argued, has this feature too. The conversational (...) aim in both deserved blame and punishment is for the guilty to grasp the meaning conveyed by those who blame or punish and then respond meaningfully by, for example, apologizing or expressing remorse. Ideally, a culpable agent would experience a form and degree of guilt suitable for a wrong done. So, a conversational theory of punishment can then be justified in terms of providing conditions conducive for a culpable wrongdoer to respond to punishment by manifesting an appropriately pained response of guilt. (shrink)

How do we judge whether an action is morally right or wrong? If an action is wrong, what reason does that give us not to do it? Why should we give such reasons priority over our other concerns and values? In this book, T. M. Scanlon offers new answers to these questions, as they apply to the central part of morality that concerns what we owe to each other. According to his contractualist view, thinking about right and wrong is thinking (...) about what we do in terms that could be justified to others and that they could not reasonably reject. He shows how the special authority of conclusions about right and wrong arises from the value of being related to others in this way, and he shows how familiar moral ideas such as fairness and responsibility can be understood through their role in this process of mutual justification and criticism. Scanlon bases his contractualism on a broader account of reasons, value, and individual well-being that challenges standard views about these crucial notions. He argues that desires do not provide us with reasons, that states of affairs are not the primary bearers of value, and that well-being is not as important for rational decision-making as it is commonly held to be. Scanlon is a pluralist about both moral and non-moral values. He argues that, taking this plurality of values into account, contractualism allows for most of the variability in moral requirements that relativists have claimed, while still accounting for the full force of our judgments of right and wrong. (shrink)

Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Limits of Blame takes issue with a criminal justice system that aligns legal criteria of guilt with moral criteria of blameworthiness. Many incarcerated people do not meet the criteria of blameworthiness, even when they are guilty of crimes. The author underscores the problems of exaggerating what criminal guilt indicates, particularly when it is tied to the illusion (...) that we know how long and in what ways criminals should suffer. Our practice of assigning blame has gone beyond a pragmatic need for protection and a moral need to repudiate harmful acts publicly. It represents a desire for retribution that normalizes excessive punishment. Kelly proposes that we abandon our culture of blame and aim at reducing serious crime rather than imposing retribution. Were we to refocus our perspective to fit the relevant moral circumstances and legal criteria, we could endorse a humane, appropriately limited, and more productive approach to criminal justice.--. (shrink)

I defend an instrumentalist account of moral responsibility and adopt Manuel Vargas’ idea that our responsibility practices are justified by their effects. However, whereas Vargas gives an independent account of morally responsible agency, on my account, responsible agency is defined as the susceptibility to developing and maintaining moral agency through being held responsible. I show that the instrumentalism I propose can avoid some problems more crude forms of instrumentalism encounter by adopting aspects of Strawsonian accounts. I then show the implications (...) for our understanding of responsibility: my account requires us to adopt a graded notion of responsibility and accept the claim that certain individuals may not be responsible because they are not susceptible to being influenced by our moral responsibility practices. Finally, I discuss whether the account is committed to allowing the instrumentalization of non-responsible individuals in cases where blaming them may benefit others’ moral agency. (shrink)

Within the United States, the most prominent justification for criminal punishment is retributivism. This retributivist justification for punishment maintains that punishment of a wrongdoer is justified for the reason that she deserves something bad to happen to her just because she has knowingly done wrong—this could include pain, deprivation, or death. For the retributivist, it is the basic desert attached to the criminal’s immoral action alone that provides the justification for punishment. This means that the retributivist position is not reducible (...) to consequentialist considerations nor in justifying punishment does it appeal to wider goods such as the safety of society or the moral improvement of those being punished. A number of sentencing guidelines in the U.S. have adopted desert as their distributive principle, and it is increasingly given deference in the “purposes” section of state criminal codes, where it can be the guiding principle in the interpretation and application of the code’s provisions. Indeed, the American Law Institute recently revised the Model Penal Code so as to set desert as the official dominate principle for sentencing. And courts have identified desert as the guiding principle in a variety of contexts, as with the Supreme Court’s enthroning retributivism as the “primary justification for the death penalty.” While retributivism provides one of the main sources of justification for punishment within the criminal justice system, there are good philosophical and practical reasons for rejecting it. One such reason is that it is unclear that agents truly deserve to suffer for the wrongs they have done in the sense required by retributivism. In the first section, I explore the retributivist justification of punishment and explain why it is inconsistent with free will skepticism. In the second section, I then argue that even if one is not convinced by the arguments for free will skepticism, there remains a strong epistemic argument against causing harm on retributivist grounds that undermines both libertarian and compatibilist attempts to justify it. I maintain that this argument provides sufficient reason for rejecting the retributive justification of criminal punishment. I conclude in the third section by briefly sketching my public health-quarantine model, a non-retributive alternative for addressing criminal behavior that draws on the public health framework and prioritizes prevention and social justice. I argue that the model is not only consistent with free will skepticism and the epistemic argument against retributivism, it also provides the most justified, humane, and effective way of dealing with criminal behavior. (shrink)

The situationist movement in social psychology has caused a considerable stir in philosophy. Much of this was prompted by the work of Gilbert Harman and John Doris. Both contended that familiar philosophical assumptions about the role of character in the explanation of action were not supported by experimental results. Most of the ensuing philosophical controversy has focused upon issues related to moral psychology and ethical theory. More recently, the influence of situationism has also given rise to questions regarding free will (...) and moral responsibility. There is cause for concern that a range of situationist findings are in tension with the reasons-responsiveness putatively required for free will and moral responsibility. We develop and defend a response to the alleged situationist threat to free will and moral responsibility that we call pessimistic realism. We conclude on an optimistic note, exploring the possibility of strengthening our agency in the face of situational influences. (shrink)

Focusing on the concepts and interactions of free will, moral responsibility, and determinism, this text represents the most up-to-date account of the four major positions in the free will debate. Four serious and well-known philosophers explore the opposing viewpoints of libertarianism, compatibilism, hard incompatibilism, and revisionism The first half of the book contains each philosopher’s explanation of his particular view; the second half allows them to directly respond to each other’s arguments, in a lively and engaging conversation Offers the reader (...) a one of a kind, interactive discussion Forms part of the acclaimed Great Debates in Philosophy series. (shrink)

David Shoemaker presents a new pluralistic theory of responsibility, based on the idea of quality of will. His approach is motivated by our ambivalence to real-life cases of marginal agency, such as those caused by clinical depression, dementia, scrupulosity, psychopathy, autism, intellectual disability, and poor formative circumstances. Our ambivalent responses suggest that such agents are responsible in some ways but not others. Shoemaker develops a theory to account for our ambivalence, via close examination of several categories of pancultural emotional responsibility (...) responses and their appropriateness conditions. The result is three distinct types of responsibility, each with its own set of required capacities: attributability, answerability, and accountability. Attributability is about the having and expressing of various traits of character, and it is the target of a range of aretaic sentiments and emotional practices organized around disdain and admiration. Answerability is about one’s capacity to govern one’s actions and attitudes by one’s evaluative judgments about the worth of various practical reasons, and it is the target of a range of sentiments and emotional practices organized around regret and pride. Accountability is about one’s ability to regard others, both evaluatively and emotionally, and it is the target of a range of sentiments and emotional practices organized around anger and gratitude. In Part One of the book, this tripartite theory is developed and defended. In Part Two of the book, the tripartite theory’s predictions about specific marginal cases are tested, once certain empirical details about the nature of those agents have been filled in and discussed. (shrink)

Retribution is often dismissed as augmenting the initial harm done, rather than ameliorating it. This criticism rests on a crude view of retribution. In our actual practice in informal situations and in the workings of the reactive (properly called 'retributive') sentiments, retribution is true to the gravity of wrongdoing, but does aim to ameliorate it. Through wrongdoing, offenders become alienated from the moral community: their actions place their commitment to its core values in doubt. We recognize this status in blaming, (...) a withdrawal of civility and solidarity which symbolizes the moral distance wrongdoers have put between them and us. Atonement is the means by which they make themselves 'at one' again with the community. Retribution is properly understood as a cycle which recognizes disruption and alienation, but aims at reconciliation. (shrink)

:In this essay, I consider a particular version of the thesis that the blameworthy deserve to suffer, namely, that they deserve to feel guilty to the proper degree. Two further theses have been thought to explicate and support the thesis, one that appeals to the non-instrumental goodness of the blameworthy receiving what they deserve, and the other that appeals to the idea that being blameworthy provides reason to promote the blameworthy receiving what they deserve. I call the first "Good-Guilt" and (...) the second "Reason-Guilt.” I begin by exploring what I take to be the strongest argument for Good-Guilt which gains force from a comparison of guilt and grief, and the strongest argument against. I conclude that Good-Guilt might be true, but that even if it is, the strongest argument in favor of it fails to support it in a way that provides reason for the thesis that the blameworthy deserve to feel guilty. I then consider the hypothesis that Reason-Guilt might be true and might be the more fundamental principle, supporting both Good-Guilt and Desert-Guilt. I argue that it does not succeed, however, and instead propose a different principle, according to which being blameworthy does not by itself provide reason for promoting that the blameworthy get what they deserve, but that being blameworthy systematically does so in conjunction with particular kinds of background circumstances. Finally, I conclude that Desert-Guilt might yet be true, but that it does not clearly gain support from either Good-Guilt or Reason-Guilt. (shrink)

In Building Better Beings, Vargas develops and defends a naturalistic account of responsibility, whereby responsible agents must possess a feasibly situated capacity to detect and respond to moral considerations. As a preliminary step, he also offers a substantive account of how we might justify our practices of holding responsible—viz., by appeal to their efficacy in fostering a ‘valuable form of agency’ across the community at large, a form of agency that precisely encompasses sensitivity to moral considerations. But how do these (...) accounts relate to one another? Though I find much that is appealing in Vargas’s general approach, I challenge his insistence that these accounts should be treated as ‘conceptually independent’, arguing that this generates an objectionable “justification gap”: on his analysis, someone could remain an appropriate target of our responsibility practices and yet fail to be a morally responsible agent. In closing, I offer a potential solution to this problem, though it means re-visioning how the account of moral responsibility is conceptually tied to the justification of our responsibility practices. (shrink)

_ Source: _Page Count 36 The situationist movement in social psychology has caused a considerable stir in philosophy. Much of this was prompted by the work of Gilbert Harman and John Doris. Both contended that familiar philosophical assumptions about the role of character in the explanation of action were not supported by experimental results. Most of the ensuing philosophical controversy has focused upon issues related to moral psychology and ethical theory. More recently, the influence of situationism has also given rise (...) to questions regarding free will and moral responsibility. There is cause for concern that a range of situationist findings are in tension with the reasons-responsiveness putatively required for free will and moral responsibility. We develop and defend a response to the alleged situationist threat to free will and moral responsibility that we call pessimistic realism. We conclude on an optimistic note, exploring the possibility of strengthening our agency in the face of situational influences. (shrink)

Once relegated to the margins of the responsibility debate, moral influence theories have recently been rehabilitated. This paper offers a moral influence theory with two parts: a theory of responsibility as influenceability and an act-consequentialist justification of blame. I defend this account against six concerns commonly raised both by opponents and by advocates of similar views. Some concerns target act consequentialism, claiming that it 1) permits blaming innocents; 2) permits coercion, manipulation, and other objectionable forms of influence; and 3) fails (...) to capture intuitions about desert. Other concerns target responsibility as influenceability, claiming that influenceability accounts are 4) unsophisticated, 5) make ascriptions of responsibility dependent on assessments of permissible blame, and 6) have various counterintuitive implications. (shrink)

How should we understand basic desert as a justification for blaming? Many philosophers account for free will by reference to the sort of moral responsibility that involves a blameworthy person deserving blame in a basic sense of desert; free will just is the control condition for this sort of moral responsibility. But what precisely does basic desert come to, and what is it about blame that makes it the thing that a blameworthy person deserves? As it turns out, there are (...) challenges in attempting to understand basic desert for blame. One concerns whether the only good in harming a person by blaming her is instrumental. If so, there may be reason to reject desert-based conceptions of blame. In this paper, I will develop an account of basically deserved blame. In doing so, I will also defend the controversial thesis that the harm involved in blaming can be good in a way that is not merely instrumental. (shrink)