It is often assumed that we are only blameworthy for that over which we have control. In recent years, however, several philosophers have argued that we can be blameworthy for occurrences that appear to be outside our control, such as attitudes, beliefs and omissions. This has prompted the question of why control should be a condition on blameworthiness. This paper aims at defending the control condition by developing a new conception of blameworthiness: To be blameworthy, I argue, is most fundamentally (...) to deserve to feel guilty. Being blamed by someone else is not necessarily harmful to the wrongdoer. The blame might not be expressed, or the wrongdoer might not care. But to blame oneself necessarily involves suffering. This conception of blameworthiness explains why the control condition should obtain: We are morally blameworthy for A only if A was under our control because to be blameworthy is to deserve to feel guilty, to feel guilty is to suffer, and one deserves to suffer for A only if A was under one’s control. (shrink)

:Strict liability in tort law is thought by some to have a moral counterpart. In this essay I attempt to determine whether there is, in fact, strict liability in the moral domain. I argue that there is, and I critically evaluate several accounts of its normative foundations before suggesting one of my own.

Recently T. M. Scanlon and others have advanced an ostensibly comprehensive theory of moral responsibility—a theory of both being responsible and being held responsible—that best accounts for our moral practices. I argue that both aspects of the Scanlonian theory fail this test. A truly comprehensive theory must incorporate and explain three distinct conceptions of responsibility—attributability, answerability, and accountability—and the Scanlonian view conflates the first two and ignores the importance of the third. To illustrate what a truly comprehensive theory might look (...) like, I investigate what it would say about the difficult case of the psychopath. (shrink)

According to Wringe 2006 we have good reasons for accepting the existence of Global Collective Obligations - in other words, collective obligations which fall on the world’s population as a whole. One such reason is that the existence of such obligations provides a plausible solution a problem which is sometimes thought to arise if we think that individuals have a right to have their basic needs satisfied. However, obligations of this sort would be of little interest – either theoretical or (...) practical – if they did not give rise, either directly or indirectly, to any kinds of reasons for individuals to behave in certain ways. -/- In this paper, I shall argue that in many situations, forward-looking global obligations give rise to an obligation on individuals to work towards bringing into existence and support an institutional system which will enable their obligations to be met. My argument for this conclusion involves two steps. In the first step, I address a general question about how collective obligations can give rise to individual obligations without being reducible to them, and which obligations they give rise to. Here I give a Kant-inspired argument, based on the principles that ‘ought implies can’ and that the content of the moral law is given by reflecting on how agents should legislate in a kingdom of ends, which is designed to show that collective obligations can give rise to individual obligations. In the second step I apply this principle to the case of global forward-looking obligations. (shrink)

While nothing justifies atrocity, many perpetrators manifest cognitive impairments that profoundly degrade their capacity for moral judgment, and such impairments, we shall argue, preclude the attribution of moral responsibility.

I argue against the claim that morally ignorant wrongdoers are open to blame only if they are culpable for their ignorance, and I argue against a version of skepticism about moral responsibility that depends on this claim being true. On the view I defend, the attitudes involved in blame are typically responses to the features of an action that make it objectionable or unjustifiable from the perspective of the one who issues the blame. One important way that an action can (...) appear objectionable to us is that it expresses a judgment with which we disagree about the significance of the interests of those affected by the action. A morally ignorant wrongdoer’s actions may express such judgments even if it is not her fault that she is unaware of the moral status of her behavior, and even if it would be unreasonable to expect her to be aware of its status. (shrink)

Many authors hold that collectives, as well as individuals can be the subjects of obligations. Typically these authors have focussed on the obligations of highly structured groups, and of small, informal groups. One might wonder, however, whether there could also be collective obligations which fall on everyone – what I shall call ' global collective obligations '. One reason for thinking that this is not possible has to do with considerations about agency : it seems as though an entity can (...) only be the subject of obligations if it is an agent. In this paper, I try to show that the argument from agency is not a good reason for being sceptical about the existence of global collective obligations : it derives whatever plausibility it has from the idea that claims about obligation need to be addressable to some agent. My suggestion is that we should accept this principle about the addressability of obligations, but deny that the addressee of an obligation need be the subject of that obligation. The collective obligations of unstructured collections of individuals, including global collective obligations, meet the addressability requirement insofar as they require something of the individuals who make up the collective. (shrink)

Building Better Beings: A Theory of Moral Responsibility argues that the normative basis of moral responsibility is anchored in the effects of responsibility practices. Further, the capacities required for moral responsibility are socially scaffolded. This article considers criticisms of this account that have been recently raised by John Doris, Victoria McGeer, and Michael Robinson. Robinson argues against Building Better Beings’s rejection of libertarianism about free will, and the account of desert at stake in the theory. considers methodological questions that arise (...) from the account of desert, providing some additional resources for thinking about these issues within the framework of the account. McGeer objects to the particular mode of justification used to motivate the prescriptive aspect of the account. This article presents replies to each of these lines of response. (shrink)

Building Better Beings: A Theory of Moral Responsibility argues that the normative basis of moral responsibility is anchored in the effects of responsibility practices. Further, the capacities required for moral responsibility are socially scaffolded. This article considers criticisms of this account that have been recently raised by John Doris, Victoria McGeer, and Michael Robinson. Robinson argues against Building Better Beings’s rejection of libertarianism about free will, and the account of desert at stake in the theory. considers methodological questions that arise (...) from the account of desert, providing some additional resources for thinking about these issues within the framework of the account. McGeer objects to the particular mode of justification used to motivate the prescriptive aspect of the account. This article presents replies to each of these lines of response. (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)

About a year after the start of the Iraq War, a story broke about the abuse of Iraqi detainees by American soldiers at the Abu Ghraib prison. Editorialists and science writers noted affinities between what happened at Abu Ghraib and Philip Zimbardo’s famous 1971 Stanford Prison Experiment. Zimbardo’s experiment is part of the “situationist” literature in social psychology, which suggests that the contexts in which agents act have a larger influence on behavior, and that personality traits have a smaller influence, (...) than is ordinarily supposed. Recently, there has been increased interest among philosophers in research like Zimbardo’s and its potential for influencing ethical theories. This increase is due in part to the publication of John Doris’ Lack of Character. More recently, Doris and Dominic Murphy have argued that soldiers, including those at Abu Ghraib, often act under conditions of moral excuse because the situational pressures to which they are exposed impair their capacities for moral judgment. I argue that soldiers can be morally responsible for wartime behavior even if their moral capacities have been substantially impaired. (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)

Abstract: Many philosophers believe that people who are not capable of grasping the significance of moral considerations are not open to moral blame when they fail to respond appropriately to these considerations. I contend, however, that some morally blind, or 'psychopathic,' agents are proper targets for moral blame, at least on some occasions. I argue that moral blame is a response to the normative commitments and attitudes of a wrongdoer and that the actions of morally blind agents can express the (...) relevant blame-grounding attitudes insofar as these agents possess the capacity to make judgments about non-moral reasons. (shrink)

ABSTRACTIt has recently become fashionable among those who write on questions of moral responsibility to distinguish two different concepts, or senses, of moral responsibility via the labels ‘responsibility as attributability’ and ‘responsibility as accountability’. Gary Watson was perhaps the first to introduce this distinction in his influential 1996 article ‘Two Faces of Responsibility’ , but it has since been taken up by many other philosophers. My aim in this study is to raise some questions and doubts about this distinction and (...) to argue that it has led to confusion rather than clarification in debates over moral responsibility. In place of the attributability/accountability distinction, I propose that there is a single concept of moral responsibility underlying our actual moral practices. This core notion of moral responsibility, which I call ‘responsibility as answerability’, is well positioned to explain thos.. (shrink)

In introducing the reactive attitudes “of people directly involved in transactions with each other,” P. F. Strawson lists “gratitude, resentment, forgiveness, love, and hurt feelings.” To show how our interpersonal emotional practices of responsibility could not be undermined by determinism’s truth, Strawson focused exclusively on resentment, specifically on its nature and actual excusing and exempting conditions. So have many other philosophers theorizing about responsibility in Strawson’s wake. This method and focus has generated a host of quality of will theories of (...) responsibility. What I show in this paper is that if Strawson—and his followers—had focused on hurt feelings instead of resentment, not only would quality of will theories of responsibility be disfavored, but none of our other theories of responsibility could adequately account for them. I conclude by exploring what a conundrum this poses for our methods and starting points in theorizing about responsibility. (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)

Do future generations of a wrongdoing group have a responsibility to preserve the memory of the past? If so, what manner of responsibility is it? In this essay, I critically examine the categories of forward-looking and backward-looking collective responsibility to see what they might offer to this discussion. I argue that these concepts of responsibility are ambiguous in ways that threaten to prevent important questions from being raised. I draw my examples from contemporary German practices of preserving the memory of (...) the Holocaust and World War II, especially the stolpersteine, which are memorial plaques for individual victims embedded in the sidewalks of German cities. (shrink)

Psychopaths pose a puzzle. The pleasure they take in the pain of others suggests that they are the paradigms of blameworthiness, while their psychological incapacities provide them with paradigm excuses on plausible accounts of moral responsibility. I begin by assessing two influential responses: one that claims that psychopaths are morally blameworthy in one sense and not in another, and one that takes the two senses of blameworthiness to be inseparable. I offer a new argument that psychopaths, as understood in the (...) debate, are blameworthy in neither sense, while showing how the two senses of blameworthiness nevertheless come apart. (shrink)

In recent decades, participants in the debate about whether we are free and responsible agents have tended with increasing frequency to begin their papers or books by fixing the terms “free” and “responsible” in clear ways to avoid misunderstanding. This is an admirable development, and while some misunderstandings have certainly been avoided, and positions better illuminated as a result, new and interesting questions also arise. Two ways of fixing these terms and identifying the underlying concepts have emerged as especially influential, (...) one that takes the freedom required for responsibility to be understood in terms of accountability and the other in terms of desert. In this paper, I start by asking: are theorists talking about the same things, or are they really participating in two different debates? Are desert and accountability mutually entailing? I tentatively conclude that they are in fact mutually entailing. Coming to this conclusion requires making finer distinctions among various more specific and competing accounts of both accountability and desert. Ultimately, I argue, that there is good reason to accept that accountability and desert have the same satisfaction conditions. (shrink)

This article distinguishes among and examines three different kinds of argument for the thesis that moral responsibility and free action are each incompatible with the truth of determinism: straight manipulation arguments; manipulation arguments to the best explanation; and original-design arguments. Structural and methodological matters are the primary focus.

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)

Neil Levy (2007) argues that empirical data shows that psychopaths lack the moral knowledge required for moral responsibility. His account is intriguing, and it offers a promising way to think about the significance of psychopaths for work on moral responsibility. In what follows we focus on three lines of concern connected to Levy's account: his interpretation of the data, the scope of exculpation, and the significance of biological explanations for anti-social behavior.

It is common for philosophers to argue that psychopaths are not morally responsible because they lack some of the essential capacities for morality. In legal terms, they are criminally insane. Typically, however, the insanity defense is not available to psychopaths. The primary reason is that they appear to have the knowledge and understanding required under the M’Naghten Rules. However, it has been argued that what is required for moral and legal responsibility is ‘deep’ moral understanding, something that psychopaths do not (...) have either due to their lacking empathy or practical reason. In the first part of the paper, I argue that psychopaths do not lack the abilities required for deep moral understanding, although they have deficits in those areas. According the M’Naghten Rules, therefore, psychopaths are not insane. Under a less strict formulation of the insanity plea, like the Model Penal Code, however, there is a good case to be made for their lacking substantial capacity. I argue that because psychopathy is an essentially moral disorder, and because of the nature of psychopathic violence, psychopaths should not be excused under the insanity plea. It would be tantamount to excusing someone for committing a crime because they are bad. Arguably, this contravenes the entire system of law. (shrink)

D. N. MacCormick; XI*—The Obligation of Reparation, Proceedings of the Aristotelian Society, Volume 78, Issue 1, 1 June 1978, Pages 175–194, https://doi.org/10.

D. N. MacCormick; XI*—The Obligation of Reparation, Proceedings of the Aristotelian Society, Volume 78, Issue 1, 1 June 1978, Pages 175–194, https://doi.org/10.

Does ?ought? imply ?can? for collectives' obligations? In this paper I want to establish two things. The first, what a collective obligation means for members of the collective. The second, how collective ability can be ascertained. I argue that there are four general kinds of obligation, which devolve from collectives to members in different ways, and I give an account of the distribution of obligation from collectives to members for each of these kinds. One implication of understanding collective obligation and (...) ability in the proposed way is that a group can be blameworthy for failing to realize its obligation even when no member of the group is blameworthy for failing to realize her obligation. (shrink)

This essay argues against the commonly held view that "ought" implies "can" in the domain of morality. More specifically, I contest the notion that nobody should ever be held morally responsible for failing to avoid the infliction of any harm that he or she has not been able to avoid through all reasonably feasible precautions in the carrying out of some worthwhile activity. The article explicates the concept of a moral right in order to show why violations of moral rights (...) can occur even when no one has acted wrongfully in any fashion. In so doing, it will effectively be maintaining that strict liability (i.e., liability irrespective of the presence or absence of culpability) exists in morality as well as in law. When we take account of the distinction between exoneration and extenuation, we can see that scrupulously thorough precautions are never sufficient to constitute an excuse in morality. Having made that point with some extended examples, the article goes on to consider a number of possible objections - objections that lead into discussions of some basic distinctions within moral philosophy and some central principles within deontic logic. (shrink)

Recently it has been argued that certain neuropsychological findings on the decision-making, instrumental learning, and moral understanding in psychopathic offenders offer reasons to consider them not criminally responsible, due to certain epistemic and volitional impairments. We reply to this family of arguments, that collectively we call the irresponsibility of the psychopath argument. This type of argument has a premise that describes or prescribes the deficiencies that grant or should grant partial or complete criminal exculpation. The other premise contends that neuropsychological (...) evidence shows that psychopaths have incapacitates that are sufficient to ascribe complete or partially exculpatory deficiencies. The focus of our criticism is this latter premise. We argue that it requires that psychopathy should correlate significantly with certain rational incapacities that manifest across contexts. We show that the available neuropsychological data do not support the claim that psychopaths have such general exculpatory incapacities. (shrink)

In this paper I consider fairness of blaming a wrongdoer. In particular, I consider the claim that blaming a wrongdoer can be unfair because blame has a certain characteristic force, a force which is not fairly imposed upon the wrongdoer unless certain conditions are met--unless, e.g., the wrongdoer could have done otherwise, or unless she is someone capable of having done right, or unless she is able to control her behavior by the light of moral reasons. While agreeing that blame (...) has a characteristic force, I am skeptical of this charge of unfairness. My skepticism concerns itself less with the particular conditions of fairness proposed than with the idea that blame can be rendered unfair by its characteristic force. If to blame a person were simply to perform certain intentional actions, then, as we will see, blame could be rendered unfair by its force. But to blame a person is not just to act in certain ways. It is, at least in large part, to make certain judgments or adopt certain attitudes. However, it is unclear how these attitudes or judgments carry "force"? and also unclear whether they can be rendered unfair by their force. Examining these issues, I will suggest that much of the force of blame is found in a set of judgments--most centrally, the judgment that one person failed to show proper regard for others. But, I will argue, once it is granted that such judgments are true, their characteristic force cannot render them unfair. (shrink)

I first pose a challenge which, it seems to me, any philosophical account of forgiveness must meet: the account must be articulate and it must allow for forgiveness that is uncompromising. I then examine an account of forgiveness which appears to meet this challenge. Upon closer examination we discover that this account actually fails to meet the challenge—but it fails in very instructive ways. The account takes two missteps which seem to be taken by almost everyone discussing forgiveness. At the (...) end, I sketch an alternative account of forgiveness, one that I think meets the challenge and avoids the missteps. (shrink)

In this paper I discuss the proposal that the law of torts exists to do justice, more specifically corrective justice, between the parties to a tort case. My aims include clarifying the proposal and defending it against some objections (as well as saving it from some defences that it could do without). Gradually the paper turns to a discussion of the rationale for doing corrective justice. I defend what I call the ‘continuity thesis’ according to which at least part of (...) the rationale for doing corrective justice is to mitigate one’s wrongs, including one’s torts. I try to show how much of the law of torts this thesis helps to explain, but also what it leaves unexplained. In the process I show (what I will discuss in a later companion paper) that ‘corrective justice’ cannot be a complete answer to the question of what tort law is for. (shrink)

A familiar feature of our moral responsibility practices are pleas: considerations, such as “That was an accident”, or “I didn’t know what else to do”, that attempt to get agents accused of wrongdoing off the hook. But why do these pleas have the normative force they do in fact have? Why does physical constraint excuse one from responsibility, while forgetfulness or laziness does not? I begin by laying out R. Jay Wallace’s (Responsibility and the moral sentiments, 1994 ) theory of (...) the normative force of excuses and exemptions. For each category of plea, Wallace offers a single governing moral principle that explains their normative force. The principle he identifies as governing excuses is the Principle of No Blameworthiness without Fault: an agent is blameworthy only if he has done something wrong. The principle he identifies as governing exemptions is the Principle of Reasonableness: an agent is morally accountable only if he is normatively competent. I argue that Wallace’s theory of exemptions is sound, but that his account of the normative force of excuses is problematic, in that it fails to explain the full range of excuses we offer in our practices, especially the excuses of addiction and extreme stress. I then develop a novel account of the normative force of excuses, which employs what I call the “Principle of Reasonable Opportunity,” that can explain the full range of excuses we offer and that is deeply unified with Wallace’s theory of the normative force of exemptions. An important implication of the theory I develop is that moral responsibility requires free will. (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)

THE ELEMENTARY MORAL DISTINCTION. The ultimate objects of moral assessment are people and their lives. I will call this the "elementary moral distinction." Many today seem to have lost sight of it. How often are we told that we should show respect for other people, only to discover that what we are actually being asked to show respect for is how those other people live? The equation of the two should be resisted. We do not always respect a person by (...) respecting how he lives. Sometimes quite the reverse. If someone is wasting his life but still deserves to be respected, the default way to show him the respect that he deserves is to do something that improves the way he is living- shake him out of it, block his path, change his incentives, shield him from further exploitation, and so forth. Sometimes, of course, there is no action open to us that will yield any improvement in how he lives, while on other occasions the only things we can do are disproportionate. In such cases we have to tolerate his continuing to live as badly he does. But toleration is one thing, and respect is quite another. Toleration is the moral virtue of those who appropriately curb their wish to eliminate what they do not respect. One cannot respect the way someone is living and tolerate it at the same time. (shrink)