We ordinarily suppose that there is a difference between having and failing to exercise a rational capacity on the one hand, and lacking a rational capacity altogether on the other. This is crucial for our allocations of responsibility. Someone who has but fails to exercise a capacity is responsible for their failure to exercise their capacity, whereas someone who lacks a capacity altogether is not. However, as Gary Watson pointed out in his seminal essay ’Skepticism about Weakness of Will’, the (...) idea of an unexercised capacity is much more difficult to make sense of than it initially appears. The aim of ’Rational Capacities’ is to provide the needed explication of this idea. (shrink)

Philosophical theories of agency have focused primarily on actions and activities. But, besides acting, we often omit to do or refrain from doing certain things. How is this aspect of our agency to be conceived? This book offers a comprehensive account of omitting and refraining, addressing issues ranging from the nature of agency and moral responsibility to the metaphysics of absences and causation. Topics addressed include the role of intention in intentional omission, the connection between negligence and omission, the distinction (...) between doing and allowing, and the distinction in law between act and omission. (shrink)

John Fischer and Mark Ravizza defend in this book a painstakingly constructed analysis of what they take to be a core condition of moral responsibility: the notion of guidance control. The volume usefully collects in one place ideas and arguments the authors have previously published in singly or jointly authored works on this and related topics, as well as various refinements to those views and some suggestive discussions that aim to show how their account of guidance control might fit into (...) a more comprehensive account of moral responsibility. (shrink)

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

Divine Motivation theory is a major contribution both to the philosophy of religion, particularly the philosophy of religious ethics, and to general ethical theory. It is demanding reading, because it is long and complex and about difficult issues. It is also rewarding, because it is suggestive and highly original, written and argued with philosophical intelligence and disciplined care, and rich in systematic connections and explanations of them.

R. Jay Wallace argues in this book that moral accountability hinges on questions of fairness: When is it fair to hold people morally responsible for what they do? Would it be fair to do so even in a deterministic world? To answer these questions, we need to understand what we are doing when we hold people morally responsible, a stance that Wallace connects with a central class of moral sentiments, those of resentment, indignation, and guilt. To hold someone responsible, he (...) argues, is to be subject to these reactive emotions in one's dealings with that person. Developing this theme with unusual sophistication, he offers a new interpretation of the reactive emotions and traces their role in our practices of blame and moral sanction. With this account in place, Wallace advances a powerful and sustained argument against the common view that accountability requires freedom of will. Instead, he maintains, the fairness of holding people responsible depends on their rational competence: the power to grasp moral reasons and to control their behavior accordingly. He shows how these forms of rational competence are compatible with determinism. At the same time, giving serious consideration to incompatibilist concerns, Wallace develops a compelling diagnosis of the common assumption that freedom is necessary for responsibility. Rigorously argued, eminently readable, this book touches on issues of broad concern to philosophers, legal theorists, political scientists, and anyone with an interest in the nature and limits of responsibility. (shrink)

Responsibility and the Moral Sentiments offers an account of moral responsibility. It addresses the question: what are the forms of capacity or ability that render us morally accountable for the things we do? A traditional answer has it that the conditions of moral responsibility include freedom of the will, where this in turn involves the availability of robust alternative possibilities. I reject this answer, arguing that the conditions of moral responsibility do not include any condition of alternative possibilities. In the (...) terms that have become familiar, the book thus defends a compatibilist account of moral responsibility. (shrink)

I defend the following version of the ought-implies-can principle: (OIC) by virtue of conceptual necessity, an agent at a given time has an (objective, pro tanto) obligation to do only what the agent at that time has the ability and opportunity to do. In short, obligations correspond to ability plus opportunity. My argument has three premises: (1) obligations correspond to reasons for action; (2) reasons for action correspond to potential actions; (3) potential actions correspond to ability plus opportunity. In the (...) bulk of the paper I address six objections to OIC: three objections based on putative counterexamples, and three objections based on arguments to the effect that OIC conflicts with the is/ought thesis, the possibility of hard determinism, and the denial of the Principle of Alternate Possibilities. (shrink)

Should a legal plea of self- or third-party defence include an ‘awareness component’ that requires that the actor was aware of the justificatory facts at the time of action? Some theorists argue that in cases of so-called unknowing defence, where an actor in fact averts an otherwise unavoidable danger to himself or another person although unaware at the time of action that this is what he is doing, the objective facts alone should allow a plea of self- or third-party defence. (...) Cases of unknowing defence raise issues that are highly significant to the nature of justification and liability. In this article I reject some common approaches to this issue and I offer an account of why acts of unknowing defence are appropriately subject to criminal liability for the complete offence. (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)

Twentieth century philosophers introduced the distinction between “objective rightness” and “subjective rightness” to achieve two primary goals. The first goal is to reduce the paradoxical tension between our judgments of (i) what is best for an agent to do in light of the actual circumstances in which she acts and (ii) what is wisest for her to do in light of her mistaken or uncertain beliefs about her circumstances. The second goal is to provide moral guidance to an agent who (...) may be uncertain about the circumstances in which she acts, and hence is unable to use her standard moral principle directly in deciding what to do. This paper distinguishes two important senses of “moral guidance”; proposes criteria of adequacy for accounts of subjective rightness; canvasses existing definitions for “subjective rightness”; finds them all deficient; and proposes a new and more successful account. It argues that each comprehensive moral theory must include multiple principles of subjective rightness to address the epistemic situations of the full range of moral decision-makers, and shows that accounts of subjective rightness formulated in terms of what it would reasonable for the agent to believe cannot provide that guidance. -/- . (shrink)

Twentieth century philosophers introduced the distinction between “objective rightness” and “subjective rightness” to achieve two primary goals. The first goal is to reduce the paradoxical tension between our judgments of what is best for an agent to do in light of the actual circumstances in which she acts and what is wisest for her to do in light of her mistaken or uncertain beliefs about her circumstances. The second goal is to provide moral guidance to an agent who may be (...) uncertain about the circumstances in which she acts, and hence is unable to use her standard moral principle directly in deciding what to do. This paper distinguishes two important senses of “moral guidance”; proposes criteria of adequacy for accounts of subjective rightness; canvasses existing definitions for “subjective rightness”; finds them all deficient; and proposes a new and more successful account. It argues that each comprehensive moral theory must include multiple principles of subjective rightness to address the epistemic situations of the full range of moral decision-makers, and shows that accounts of subjective rightness formulated in terms of what it would reasonable for the agent to believe cannot provide that guidance. (shrink)

Morals from Motives develops a virtue ethics inspired more by Hume and Hutcheson's moral sentimentalism than by recently-influential Aristotelianism. It argues that a reconfigured and expanded "morality of caring" can offer a general account of right and wrong action as well as social justice. Expanding the frontiers of ethics, it goes on to show how a motive-based "pure" virtue theory can also help us to understand the nature of human well-being and practical reason.

Actions for which we are responsible constitute our engagement with the world as rational agents. What is the relationship between such actions and our capacities for rational agency? I take this to be a question about responsibility in a particular use of that term, which I shall call ‘responsibility2’. We are not responsible2 for all our intentional actions (actions under hypnosis, for example), but we can nevertheless be responsible2 for actions we do not adequately control, for negligent actions, and for (...) non-intentional omissions. Appreciating this helps show that familiar principles of responsibility are false: those which delimit responsibility to intentional actions or to actions and outcomes under our control. In the attempt to fashion an alternative principle, cases of negligence prove pivotal. We hold ourselves and others responsible2 for conduct within our respective ‘domains of secure competence’, (i.e. that within which we are confident of doing what we set ourselves to do, barring events which defeat our competence), even when actions within that domain fail. The significance of this practice of holding ourselves and others responsible2 lies in the way it maintains our sense of who we are and of how we are related to the world in which we act.1. (shrink)

An invalid promise is one whose breach does not wrong the promisee. I describe two different accounts of why duress and deception invalidate promises. According to the fault account duress and deception invalidate a promise just when it was wrong for the promisee to induce the promisor to promise in that way. According to the injury account, duress and deception invalidate a promise just when by inducing the promise in that way the promisee wrongs the promisor. I demonstrate that the (...) injury account is superior. I then argue that in this respect promising is like any exercise of a normative power. I conclude by distinguishing two theories of promissory obligation, a widely held view which I call the information interest theory and an alternative which I call the authority interest theory. I argue that the points established earlier support the authority interest theory over its rival. (shrink)

Tim Mulgan presents a penetrating examination of consequentialism: the theory that human behavior must be judged in terms of the goodness or badness of its consequences. The problem with consequentialism is that it seems unreasonably demanding, leaving us no room for our own aims and interests. In response, Mulgan offers his own, more practical version of consequentialism--one that will surely appeal to philosophers and laypersons alike.

In this paper I sketch an account of moral blame and blameworthiness. I begin by clarifying what I take blame to be and explaining how blameworthiness is to be analyzed in terms of it. I then consider different accounts of the conditions of blameworthiness and, in the end, settle on one according to which a person is blameworthy for φ-ing just in case, in φ-ing, she violates one of a particular class of moral requirements governing the attitudes we bear, and (...) our mental orientation, toward people and other objects of significant moral worth. These requirements embody the moral stricture that we accord to these others a sufficient level of respect, one that their moral worth demands. This is a familiar theme which has its roots in P. F. Strawson’s pioneering views on moral responsibility. My development of it leads me to the conclusion that acting wrongly is not a condition of blameworthiness: violating a moral requirement to perform, or refrain from performing, an action is neither necessary nor sufficient for being blameworthy. All we are ever blameworthy for, I will argue, are certain aspects of our mental bearing toward others. We can be said to be blameworthy for our actions only derivatively, in the sense that those actions are the natural manifestations of the things for which we are strictly speaking blameworthy. (shrink)

According to the principle of alternate possibilities (PAP), a person is morally responsible for an action only if he could have done otherwise. PAP underlies a familiar argument for the incompatibility of moral responsibility with determinism. I argue that Harry Frankfurt's famous argument against PAP is unsuccessful if PAP is interpreted as a principle about blameworthiness. My argument turns on the maxim that "ought implies can" as well as a "finely-nuanced" view of the object of blame. To reject PAP on (...) the blameworthiness interpretation, we must reject either this maxim or the finely-nuanced view or some other apparently innocuous assumption. (shrink)

In this article I argue that it is possible to be blameworthy for doing something that was not objectively morally wrong. If I am right, this would have implications for several debates at the intersection of metaphysics and moral philosophy. I also float a view about which actions can serve as legitimate bases for blame that allows for the possibility of blameworthiness without objective wrongdoing and also suggests an explanation for the appeal of the commonly held view that blameworthiness requires (...) objective wrongdoing. (shrink)

This paper offers a smattering of applications of pragmatics to epistemology. In most cases they concern recent epistemological claims that depend for their plausibility on mistaking something pragmatic for something semantic. After giving my formulation of the semantic/pragmatic distinction and explaining how seemingly semantic intuitions can be responsive to pragmatic factors, I take up the following topics: 1. Classic Examples of Confusing Meaning and Use 2. Pragmatic Implications of Hedging or Intensifying an Assertion 3. Belief Attributions 4. Knowledge-wh 5. The (...) Knowledge Rule on Assertion 6. Testimony 7. Asserting and Thinking of Possibilities 8. Concessive Knowledge Attributions 9. “Pragmatic Encroachment” 10. Epistemic Contextualism.. (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)

This book reflects the belief that a careful study of the Law of Attempts should be both interesting in itself, as well as being a productive route into a number of larger and deeper issues in criminal law theory and in the philosophy of action. By identifying the legal doctrines which courts and legislatures have developed or adopted, the author goes on to ask whether and how they can be rationalized or rendered persuasive. Such an approach involves paying detailed attention (...) to cases. The book is also unusual in that it grapples with English, Scots and US law, showing great breadth of research as well as philosophical sophistication. This is a work which is likely to become a seminal study and a major contribution to the study of law and legal philosophy. (shrink)

This book explores the epistemic or knowledge requirement of moral responsibility. Haji argues that an agent can be blamed (or praised) only if the agent harbors a belief that the action in question is wrong (or right or obligatory). Defending the importance of an "authenticity" condition when evaluating moral responsibility, Haji holds that one cannot be morally responsible for an action unless the action issues from sources (like desires or beliefs) that are truly the agent's own. Engaging crucial arguments in (...) moral theory to elaborate his views on moral responsibility, Haji addresses as well fascinating, underexamined topics such as assigning blame across an intercultural gap and the relevance of unconscious or dream thoughts when evaluating responsibility. (shrink)

This book addresses a dilemma concerning freedom and moral obligation. If determinism is true, then no one has control over one's actions. If indeterminism is true, then no one has control over their actions. But it is morally obligatory, right or wrong for one to perform some action only if one has control over it. Hence, no one ever performs an action that is morally obligatory, right or wrong. The author defends the view that this dilemma can be evaded but (...) not in a way traditional compatibilists about freedom and moral responsibility will find congenial. For moral obligation is indeed incompatible with determinism but not with indeterminism. He concludes with an argument to the effect that, if determinism is true and no action is morally obligatory, right or wrong, then our world would be considerably morally impoverished as several sorts of moral appraisal would be unjustified. (shrink)

Joining the debate over the roles of reason and appetite in the moral mind, In Praise of Desire takes the side of appetite. Acting for moral reasons, acting in a praiseworthy manner, and acting out of virtue are simply acting out of intrinsic desires for the right or the good.

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

Gideon Yaffe presents a ground-breaking work which demonstrates the importance of philosophy of action for the law. Many people are serving sentences not for completing crimes, but for trying to. Yaffe's clear account of what it is to try to do something promises to resolve the difficulties courts face in the adjudication of attempted crimes.

Nelkin presents a simple and natural account of freedom and moral responsibility which responds to the great variety of challenges to the idea that we are free and responsible, before ultimately reaffirming our conception of ourselves as agents. Making Sense of Freedom and Responsibility begins with a defense of the rational abilities view, according to which one is responsible for an action if and only if one acts with the ability to recognize and act for good reasons. The view is (...) compatibilist -- that is, on the view defended, responsibility is compatible with determinism -- and one of its striking features is a certain asymmetry: it requires the ability to do otherwise for responsibility when actions are praiseworthy, but not when they are blameworthy. In defending and elaborating the view, Nelkin questions long-held assumptions such as those concerning the relation between fairness and blame and the nature of so-called reactive attitudes such as resentment and forgiveness. Her argument not only fits with a metaphysical picture of causation -- agent-causation -- often assumed to be available only to incompatibilist accounts, but receives positive support from the intuitively appealing Ought Implies Can Principle, and establishes a new interpretation of freedom and moral responsibility that dovetails with a compelling account of our inescapable commitments as rational agents. (shrink)

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)

Every choice we make is set against a background of massive ignorance about our past, our future, our circumstances, and ourselves. Philosophers are divided on the moral significance of such ignorance. Some say that it has a direct impact on how we ought to behave - the question of what our moral obligations are; others deny this, claiming that it only affects how we ought to be judged in light of the behaviour in which we choose to engage - the (...) question of what responsibility we bear for our choices. Michael Zimmerman claims that our ignorance has an important bearing on both questions, and offers an account of moral obligation and moral responsibility that is sharply at odds with the prevailing wisdom. His book will be of interest to a wide range of readers in ethics. (shrink)

This work provides, for the first time, a unified account of the theory of action presupposed by both British and American criminal law and its underlying morality. It defends the view that human actions are volitionally caused body movements. This theory illuminates three major problems in drafting and implementing criminal law--what the voluntary act requirement does and should require, what complex descriptions of actions prohibited by criminal codes both do and should require, and when the two actions are the "same" (...) for purposes of assessing whether multiple prosecutions and multiple punishments are warranted. The book contributes to the development of a coherent theory of action in philosophy. It provides a grounding in three of the most basic elements of criminal liability for legislators, judges, and the lawyers who argue to them. (shrink)

This book provides a comprehensive, systematic theory of moral responsibility. The authors explore the conditions under which individuals are morally responsible for actions, omissions, consequences, and emotions. The leading idea in the book is that moral responsibility is based on 'guidance control'. This control has two components: the mechanism that issues in the relevant behavior must be the agent's own mechanism, and it must be appropriately responsive to reasons. The book develops an account of both components. The authors go on (...) to offer a sustained defense of the thesis that moral responsibility is compatible with causal determinism. (shrink)

Nomy Arpaly rejects the model of rationality used by most ethicists and action theorists. Both observation and psychology indicate that people act rationally without deliberation, and act irrationally with deliberation. By questioning the notion that our own minds are comprehensible to us--and therefore questioning much of the current work of action theorists and ethicists--Arpaly attempts to develop a more realistic conception of moral agency.

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)