This essay is about the difficulties of doing criminal justice in the context of severe social injustice. Having been marginalized as citizens of the larger community, those who are victims of severe social injustice are understandably alienated from the dominant political institutions, and, not unreasonably, disrespect their authority, including that of the criminal law. The failure of equal treatment and protection and the absence of anything like fair and decent life prospects for the members of the marginalized populations erode the (...) basis for its allegiance to demands of the political community. The criminal law thus occupies a problematic normative position with respect to lawbreakers in this population; in many cases, it finds itself in the position of convicting them for crimes for which the political community itself bears some significant responsibility. The attempt to administer criminal justice therefore faces a serious moral predicament; on the one hand, criminal law has a right and an.. (shrink)

When may someone complain, morally? And what, if any, is the relationship between legitimate moral complaint and one's own behaviour? I point out a perplexity about a certain class of moral complaints. Two very different conceptions of moral complaint seem to be operating, and they often have contrary implications. Moreover, both seem intuitively compelling. This is theoretically and practically troubling, but has not been sufficiently noticed. The Paradox of Moral Complaint seems to point to an inherent difficulty in our reflective (...) moral intuitions. Given the legislative nature of moral agency, the plausible limitations upon reasonable moral complaint seem to contradict the inviolability of central moral constraints and the complaints they allow. In the sort of cases under discussion, morality seems at once both to insist upon the possibility of moral complaint, and to deny it. (Published Online August 21 2006). (shrink)

A number of philosophers have recently argued that we should interpret the debate over moral responsibility as a debate over the conditions under which it would be “fair” to blame a person for her attitudes or conduct. What is distinctive about these accounts is that they begin with the stance of the moral judge, rather than that of the agent who is judged, and make attributions of responsibility dependent upon whether it would be fair or appropriate for a moral judge (...) to react to the agent in various (negative) ways. This is problematic, I argue, because our intuitions about whether and when it would be fair to react negatively to another are sensitive to a host of considerations that appear to have little or nothing to do with an agent’s responsibility or culpability for her attitudes or behavior. If this is correct, then theories which make attributions of responsibility dependent upon the appropriateness of our reactions as moral judges will turn out to be fundamentally misguided. (shrink)

When is one person entitled to sanction another for moral wrongdoing? When, instead, must one mind one’s own business? Stephen Darwall argues that the legitimacy of social sanctioning is essential to the very concept of moral obligation. But, I will argue, Darwall’s “second person” theory of accountability unfortunately implies that every person is entitled to sanction every wrongdoer for every misdeed. In this essay, I defend a set of principles for differentiating those who have the standing to sanction from those (...) who do not. (shrink)

Sometimes we should mind our own business. But at other times it would be wrong to mind one's own business. This paper explores the tension between these two claims by presenting a tendency to mind one's own business as an Aristotelian-style virtue. It is furthered argued that this is a different virtue than tolerance.

In “The Standing to Blame: A Critique” (2013), Macalester Bell challenges theories that claim that ‘standing’ plays a central role in blaming practices. These standard accounts posit that it is not enough for the target of blame to be blameworthy; the blamer also must have the proper standing to blame the wrongdoer. Bell identifies and criticizes four different standing conditions, (1) the Business Condition, (2) the Contemporary Condition, (3) the Nonhypocricy Condition, and (4) the Noncomplicity Condition. According to standard accounts, (...) these conditions must be met in order for a would-be blamer to properly blame a wrongdoer. In this paper, I defend the Business Condition against Bell’s critique. My argument, then, is that some version of the standard account survives and ‘standing’ should be part of our theory of properly-wielded blame. I conclude by raising two additional concerns regarding the agency of blamers and the possibility that, without proper standing, a blamer could make things worse. (shrink)

The majority of recent work on the moral standing to blame (the idea that A may be unable to legitimately blame B despite B being blameworthy) has focused on blamers who themselves are blameworthy. This is unfortunate, for there is much to learn about the standing to blame once we consider a broader range of cases. Doing so reveals that challenged standing is more expansive than previously acknowledged, and accounts that have privileged the fact that the blamers are themselves morally (...) culpable likely require revision. One such account figures in Patrick Todd’s (2012) argument for incompatibilism, which ostensibly depends on considerations involving the standing to blame. I believe this argument fails. But its failure is instructive, for it allows us to appreciate the numerous ways in which one’s blame can be morally problematic, and hence ways in which one’s standing to blame can be challenged. Thus, while one objective of this paper is to show why Todd’s argument fails, the larger aim is to use that argument to frame discussion of some important (and novel) ways in which the standing to blame can be compromised. (shrink)

Standing is a peculiar norm, allowing for deflecting that is rejecting offhand and without deliberation interventions such as directives. Directives are speech acts that aim to give directive-reasons, which are reason to do as the directive directs because of the directive. Standing norms, therefore, provide for deflecting directives regardless of validity or the normative weight of the rejected directive. The logic of the normativity of standing is, therefore, not the logic of invalidating directives or of competing with directive-reasons but of (...) ‘exclusionary permission’. That is, standing norms provide for permission to exclude from practical deliberation directive-reasons if given without the requisite standing, regardless of their normative weight. As such, standing is a type of second-order norm. Numerous everyday practices involve the deflection of directives, such as pervasive practices of deflecting hypocritical and officious directives. Of various possible models, the one that best captures the normative structure of these practices of deflection is the standing model. Accordingly, the normativity of standing is pervasive in our everyday practices. Establishing that standing, although a neglected philosophical idea, is a significant and independent normative concept. (shrink)

Hypocrites are often thought to lack the standing to blame others for faults similar to their own. Although this claim is widely accepted, it is seldom argued for. We offer an argument for the claim that nonhypocrisy is a necessary condition on the standing to blame. We first offer a novel, dispositional account of hypocrisy. Our account captures the commonsense view that hypocrisy involves making an unjustified exception of oneself. This exception-making involves a rejection of the impartiality of morality and (...) thereby a rejection of the equality of persons, which we argue grounds the standing to blame others. (shrink)

I begin by discussing the ways in which a would-be blamer's own prior conduct towards the person he seeks to blame can undermine his standing to blame her. This provides the basis for an examination of a particular kind of 'bar to trial' in the criminal law – of ways in which a state or a polity's right to put a defendant on trial can be undermined by the prior misconduct of the state or its officials. The examination of this (...) often neglected legal phenomenon illuminates some central features of the criminal law and the criminal process, and some of the preconditions for the legitimacy of the criminal law in a liberal republic. (shrink)

I begin by discussing the ways in which a would‐be blamer's own prior conduct towards the person he seeks to blame can undermine his standing to blame her (to call her to account for her wrongdoing). This provides the basis for an examination of a particular kind of ‘bar to trial’ in the criminal law – of ways in which a state or a polity's right to put a defendant on trial can be undermined by the prior misconduct of the (...) state or its officials. The examination of this often neglected legal phenomenon illuminates some central features of the criminal law and the criminal process, and some of the preconditions for the legitimacy of the criminal law in a liberal republic. (shrink)

‘No matter what the grievance, and I'm sure that the Palestinians have some legitimate grievances, nothing can justify the deliberate targeting of innocent civilians. If they were attacking our soldiers it would be a different matter.’ (Dr. Zvi Shtauber, Israeli Ambassador to the United Kingdom, BBC Radio 4, May 1, 2003).

In this paper I argue that it is inappropriate for us to blame others if it is not reasonable for us to believe that they are morally responsible for their actions. The argument for this claim relies on two controversial claims: first, that assertion is governed by the epistemic norm of reasonable belief, and second, that the epistemic norm of implicatures is relevantly similar to the norm of assertion. I defend these claims, and I conclude by briefly suggesting how this (...) putative norm of blame can serve as the basis for general norms of interpersonal generosity. (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)

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

What is it to blame someone, and when are would-be blamers in a position to do so? What function does blame serve in our lives, and is it a valuable way of relating to one another? The essays in this volume explore answers to these and related questions.

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)

This is the first chapter to our edited collection of essays on the nature and ethics of blame. In this chapter we introduce the reader to contemporary discussions about blame and its relationship to other issues (e.g. free will and moral responsibility), and we situate the essays in this volume with respect to those discussions.

A prominent recent strategy for advancing the thesis that moral responsibility is incompatible with causal determinism has been to argue that agents who meet compatibilist conditions for responsibility could nevertheless be subject to certain sorts of deterministic manipulation, so that an agent could meet the compatibilist’s conditions for responsibility, but also be living a life the precise details of which someone else determined that she should live. According to the incompatibilist, however, once we became aware that agents had been manipulated (...) or ‘set up’ in the relevant way, we should no longer judge that they are responsible for their behavior, nor should we hold them responsible for it by blaming them, in case what they did was wrong. In this paper, I aim to shift the debate to different terrain. The focus so far has been simply on what we may or may not permissibly say or do concerning manipulated agents. But I believe a powerful new incompatibilist argument can be mounted from considering whether the manipulators themselves can justifiably blame the agents they manipulate in compatibilist-friendly ways. It seems strikingly counterintuitive to suppose that they may do so. The argument of this paper, however, is that, given the right story, incompatibilism provides the best explanation for why this is so. In short, the compatibilist must say that, while such manipulated agents are still responsible, the manipulators lack the moral standing to blame them. But I argue that, on compatibilist assumptions, this explanation ultimately fails. (shrink)