Commentators seemingly agree about what negligence is—and how it is contrasted from recklessness. They also appear to concur about whether particular examples (both real and hypothetical) portray negligence. I am less confident about each of these matters. I explore the distinction between recklessness and negligence by examining a type of case that has generated a good deal of critical discussion: those in which a defendant forgets that he has created a substantial and unjustifiable risk of harm. Even in this limited (...) kind of example, no single perspective on blame and liability proves to be defensible. Nonetheless, a discussion of this type of case is helpful because it enables us to appreciate the difficulties in understanding the nature of negligence and the ensuing uncertainty about whether penal liability for negligence is ever warranted. (shrink)

Control-based models of moral responsibility typically employ a notion of "tracing," according to which moral responsibility requires an exercise of control either immediately prior to the behavior in question or at some suitable point prior to the behavior. Responsibility, on this view, requires tracing back to control. But various philosophers, including Manuel Vargas and Angela Smith, have presented cases in which the plausibility of tracing is challenged. In this paper we discuss the examples and we argue that they do not (...) in fact impugn an attractive and natural tracing component. Our discussion can function in part as a defense of a control-based account of moral responsibility, but also as simply a defense of tracing. (shrink)

I argue that a right action has moral worth if and only if it is done for the right reasons - that is, for its right-making features. The reasons the agent acts on have to be identical to the reasons for which the action is right. I argue that Kantians are wrong in thinking that a right action has moral worth iff it is done because the agent thinks it is right, giving examples of morally worthy actions that are done (...) by agents who think they are wrong (Huckleberry Finn) and right actions done "because they are right" that have no moral worth. I also discuss degrees of moral worth as well as blameworthiness. (shrink)

When a person acts from ignorance, he is culpable for his action only if he is culpable for the ignorance from which he acts. The paper defends the view that this principle holds, not just for actions done from ordinary factual ignorance, but also for actions done from moral ignorance. The question is raised whether the principle extends to action done from ignorance about what one has most reason to do. It is tentatively proposed that the principle holds in full (...) generality. (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)

I argue that wrongdoers may be open to moral blame even if they lacked the capacity to respond to the moral considerations that counted against their behavior. My initial argument turns on the suggestion that even an agent who cannot respond to specific moral considerations may still guide her behavior by her judgments about reasons. I argue that this explanation of a wrongdoer’s behavior can qualify her for blame even if her capacity for moral understanding is impaired. A second argument (...) is based on the observation that even when a blameworthy wrongdoer could have responded to moral considerations, this is often not relevant to her blameworthiness. Finally, I argue against the view that because blame communicates moral demands, only agents who can be reached by such communication are properly blamed. I contend that a person victimized by a wrongdoer with an impaired capacity for moral understanding may protest her victimization in a way that counts as a form of moral blame even though it does not primarily express a moral demand or attempt to initiate moral dialogue. (shrink)

This paper draws attention to a fundamental problem for a version of the tracing strategy defended by a number of theorists in the current literature (Rosen 2004, Fischer and Tognazzini 2009). I argue that versions of the tracing strategy that require reasonable foreseeability are in tension with the view that blameless ignorance excuses. A stronger version of the tracing strategy is consistent with the view that blameless ignorance excuses and is therefore preferable for those tracing theorists who wish to continue (...) maintaining that it does. (shrink)

In garden-variety instances of intentional action, according to a popular account, agents intend to perform actions of particular kinds, their intentions are based on reasons so to act, and the intentions issue in appropriate behaviour. On this account, the reasons that give rise to our intentions are reasons for action. Interesting questions for this view are raised by cases in which an agent seemingly has a reason to intend to do something while having no reason to do it. Can such (...) reasons to intend issue in appropriate intentions? If so, can these intentions issue in corresponding intentional actions -- even though the agent has no reason to perform those actions? If these questions are properly given an affirmative answer, at least one popular thesis in the philosophy of action is false. One could not properly "define an intentional act as one which the agent does for a reason." A popular thesis about the explanation of intentional actions would be false as well -- namely, that explaining an intentional action (qua intentional) requires reference to reasons for action. My point of departure in this paper is a puzzle—Gregory Kavka's toxin puzzle(1983) -- in which agents seem to have an excellent reason to intend to A while having no reason at all to A. Generally, commentators on the puzzle have set their sights on questions about rational intentions. However, the puzzle raises difficult questions about intending itself and about the nature of intentional action. Showing that this is so is easy. Answering the question is more challenging. (shrink)

Accounts of moral responsibility can be divided into those that claim that attributability of an act, omission, or attitude to an agent is sufficient for responsibility for it, and those which hold that responsibility depends crucially on choice. I argue that accounts of the first, attributionist, kind fail to make room for the relatively stringent epistemic conditions upon moral responsibility, and that therefore an account of the second, volitionist, kind ought to be preferred. I examine the various arguments advanced on (...) behalf of attributionist accounts, and argue that for each of them volitionism has a reply that is in every case at least as, and often more, persuasive. Most significantly, only volitionism can accommodate the intuitively important distinction between the bad and the blameworthy. (shrink)

In this book Michael McKenna advances a new theory of moral responsibility, one that builds upon the work of P.F. Strawson.

Recent writers on negligence and culpable ignorance have argued that there are two kinds of culpable ignorance: tracing cases, in which the agent’s ignorance traces back to some culpable act or omission of hers in the past that led to the current act, which therefore arguably inherits the culpability of that earlier failure; and non-tracing cases, in which there is no such earlier failure, so the agent’s current state of ignorance must be culpable in its own right. An unusual but (...) intriguing justification for blaming agents in non-tracing cases is provided by Attributionism, which holds that we are as blameworthy for our non-voluntary emotional reactions, spontaneous attitudes, and the ensuing patterns of awareness as we are for our voluntary actions. The Attributionist explanation for why some non-tracing cases involve culpability is an appealing one, even though it has limited scope. After providing a deeper account of why we should take the Attributionist position seriously, I use recent psychological research to argue for a new account of the conditions under which agents are culpable for straightforward instances of blameworthy acts. That account is extended to blameworthiness for non-voluntary responses. I conclude that even when the agent’s failure to notice arises from a nonvoluntary objectionable attitude, very few such cases are ones in which Attributionism implies that the agent is blameworthy for her act. (shrink)

In this book Michael McKenna advances a new theory of moral responsibility, one that builds upon the work of P. F. Strawson. As McKenna demonstrates, moral responsibility can be explained on analogy with a conversation. The relation between a morally responsible agent and those who hold her morally responsible is similar to the relation between a speaker and her audience. A responsible agent's actions are bearers of meaning--agent meaning--just as a speaker's utterances are bearers of speaker meaning. Agent meaning is (...) a function of the moral quality of the will with which the agent acts. Those who hold an agent morally responsible for what she does do so by responding to her as if in a conversation. By responding with certain morally reactive attitudes, such as resentment or indignation, they thereby communicate their regard for the meaning taken to be revealed in that agent's actions. It is then open for the agent held responsible to respond to those holding her responsible by offering an apology, a justification, an excuse, or some other response, thereby extending the evolving conversational exchange.The conversational theory of moral responsibility that McKenna develops here accepts two features of Strawson's theory: that moral responsibility is essentially interpersonal--so that being responsible must be understood by reference to the nature of holding responsible--and that the moral emotions are central to holding responsible. While upholding these two aspects of Strawson's theory, McKenna's theory rejects a further Strawsonian thesis, which is that holding morally responsible is more fundamental or basic than being morally responsible. On the conversational theory, the conditions for holding responsible are dependent on the nature of the agent who is responsible. So holding responsible cannot be more basic than being responsible. Nevertheless, the nature of the agent who is morally responsible is to be understood in terms of sensitivity to those who would make moral demands of her, thereby holding her responsible. Being responsible is therefore also dependent on holding responsible. Thus, neither being nor holding morally responsible is more basic than the other. They are mutually dependent. (shrink)

Our aim in this paper is to put the concept of moral responsibility under a microscope. At the lowest level of magnification, it appears unified. But Gary Watson has taught us that if we zoom in, we will find that moral responsibility has two faces: attributability and accountability. Or, to describe the two faces in different terms, there is a difference between being responsible and holding responsible. It is one thing to talk about the connection the agent has with her (...) action; it is quite another to talk about the potential interaction the agent might have with her moral community. It turns out, though, that the faces of moral responsibility can themselves be viewed under an even higher level of magnification. If moral responsibility has two faces, then our aim in this paper is to examine their features. To do so reveals subtle distinctions in our concept of moral responsibility and its interaction with surrounding issues that, we argue, can help illuminate various debates in the literature. (shrink)