Part I: Building blocks. 1. Folk convictions -- 2. Doubts about libertarianism -- 3. Nihilism and revisionism -- 4. Building a better theory -- Part II. A theory of moral responsibility. 5. The primacy of reasons -- 6. Justifying the practice -- 7. Responsible agency -- 8. Blame and desert -- 9. History and manipulation --10. Some conclusions.

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)

Recently, a number of philosophers have begun to question the commonly held view that choice or voluntary control is a precondition of moral responsibility. According to these philosophers, what really matters in determining a person’s responsibility for some thing is whether that thing can be seen as indicative or expressive of her judgments, values, or normative commitments. Such accounts might therefore be understood as updated versions of what Susan Wolf has called “real self views,” insofar as they attempt to ground (...) an agent’s responsibility for her actions and attitudes in the fact (when it is a fact) that they express who she is as a moral agent. As such, they seem to be open to some of the same objections Wolf originally raised to such accounts, and in particular to the objection that they cannot license the sorts of robust moral assessments involved in our current practices of moral responsibility. My aim in this paper is to try to respond to this challenge, by clarifying the kind of robust moral assessments I take to be licensed by (at least some) non-volitional accounts of responsibility and by explaining why these assessments do not in general require the agent to have voluntary control over everything for which she is held responsible. I also argue that the limited applicability of the distinction between “bad agents” and “blameworthy agents” on these accounts is in fact a mark in their favor. (shrink)

In “Control, Responsibility, and Moral Assessment” Angela Smith defends her nonvoluntarist theory of moral responsibility against the charge that any such view is shallow because it cannot capture the depth of judgments of responsibility. Only voluntarist positions can do this since only voluntarist positions allow for control. I argue that Smith is able to deflect the voluntarists’ criticism, but only with further resources. As a voluntarist, I also concede that Smith’s thesis has force, and I close with a compromise position, (...) one that allows for direct moral responsibility for the nonvoluntary, but also incorporates a reasonable control condition. (shrink)

Unwitting omissions pose a challenge for theories of moral responsibility. For commonsense morality holds many unwitting omitters morally responsible for their omissions (and for the consequences thereof), even though they appear to lack both awareness and control. For example, some people who leave dogs trapped in their cars outside on a hot day (see Sher 2009), or who forget to pick something up from the store as they promised (see Clarke 2014) seem to be blameworthy for their omissions. And yet, (...) if moral responsibility requires awareness of one’s omission and of its moral significance, as well as control, then it would appear that the unwitting protagonists of these cases are not, in fact, morally responsible for their omissions. In this paper, we consider, and ultimately reject, a number of influential views that try to solve this problem, including skepticism about responsibility for such omissions, a view we call the “decision tracing” view that grounds responsibility for such omissions in previous exercises of conscious agency, and “attributionist” views that ground responsibility for such omissions in the value judgments or other aspects of the agents’ selves. We propose instead a new tracing view that grounds responsibility for unwitting omissions in past opportunities to avoid them, where having such opportunities requires general awareness of the risk of such an omission, but not an exercise of agency, in contrast to the decision tracing view. We argue that the view can better accommodate cases, and fits well with the most plausible conception of the kind of control required for responsibility. (shrink)

We sometimes fail unwittingly to do things that we ought to do. And we are, from time to time, culpable for these unwitting omissions. We provide an outline of a theory of responsibility for unwitting omissions. We emphasize two distinctive ideas: (i) many unwitting omissions can be understood as failures of appropriate vigilance, and; (ii) the sort of self-control implicated in these failures of appropriate vigilance is valuable. We argue that the norms that govern vigilance and the value of self-control (...) explain culpability for unwitting omissions. (shrink)

In this paper, we focus on whether and to what extent we judge that people are responsible for the consequences of their forgetfulness. We ran a series of behavioral studies to measure judgments of responsibility for the consequences of forgetfulness. Our results show that we are disposed to hold others responsible for some of their forgetfulness. The level of stress that the forgetful agent is under modulates judgments of responsibility, though the level of care that the agent exhibits toward performing (...) the forgotten action does not. We argue that this result has important implications for a long-running debate about the nature of responsible agency. (shrink)

Ignorance usually excuses from responsibility, unless the person is culpable for the ignorance itself. Since a lot of wrongdoing occurs in ignorance, the question of what makes ignorance culpable is central for a theory of moral responsibility. In this article I examine a prominent answer, which I call the ‘volitionalist tracing account,’ and criticize it on the grounds that it relies on an overly restrictive conception of responsibility‐relevant control. I then propose an alternative, which I call the ‘capacitarian conception of (...) control,’ and on the basis of it I advance an account of culpable ignorance that avoids the skeptical upshots of the volitionalist proposal. If correct, my account establishes three important truths: agents can be directly in control of their ignorance, they can be directly responsible for more than actions and omissions, and their moral obligations extend beyond the performance of intentional actions and omissions. (shrink)

This volume explores the principles that govern moral responsibility and legal liability for omissions. Contributors defend different views about the ground of moral responsibility, the conditions of legal liability for an omission to rescue, and the basis for accepting a " for omissions in the criminal law.

Recently, a number of authors have suggested that the epistemic condition on moral responsibility makes blameworthiness much less common than we ordinarily suppose, and much harder to identify. This paper argues that such epistemically based responsibility skepticism is mistaken. Section 2 sketches a general account of moral responsibility, building on the Strawsonian idea that blame and credit relates to the agent’s quality of will. Section 3 explains how this account deals with central cases that motivate epistemic skepticism and how it (...) avoids some objections to quality of will accounts recently raised by Gideon Rosen. But an intuitive worry brought out by these objections remains. Section 4 spells out this remaining worry and argues that, like traditional metaphysical responsibility skepticism, it has its source in a non-standard explanatory perspective on action, suggesting that strategies for explaining away the intuitive pull of traditional skepticism are applicable in this case too. (shrink)

My primary target in this paper is a puzzle that emerges from the conjunction of several seemingly innocent assumptions in action theory and the metaphysics of moral responsibility. The puzzle I have in mind is this. On one widely held account of moral responsibility, an agent is morally responsible only for those actions or outcomes over which that agent exercises control. Recently, however, some have cited cases where agents appear to be morally responsible without exercising any control. This leads some (...) to abandon the control-based account of responsibility and replace it with an alternative account. It leads others to deny the intuition that agents are responsible in these troublesome cases. After outlining the account of moral responsibility I have in mind, I look at some of the arguments made against the viability of this theory. I show that there are conceptual resources for salvaging the control account, focusing in particular on the nature of vigilance. I also argue that there is empirical data that supports the control account so conceived. (shrink)

The concept of luck has played an important role in debates concerning free will and moral responsibility, yet participants in these debates have relied upon an intuitive notion of what luck is. Neil Levy develops an account of luck, which is then applied to the free will debate. He argues that the standard luck objection succeeds against common accounts of libertarian free will, but that it is possible to amend libertarian accounts so that they are no more vulnerable to luck (...) than is compatibilism. But compatibilist accounts of luck are themselves vulnerable to a powerful luck objection: historical compatibilisms cannot satisfactorily explain how agents can take responsibility for their constitutive luck; non-historical compatibilisms run into insurmountable difficulties with the epistemic condition on control over action. Levy argues that because epistemic conditions on control are so demanding that they are rarely satisfied, agents are not blameworthy for performing actions that they take to be best in a given situation. It follows that if there are any actions for which agents are responsible, they are akratic actions; but even these are unacceptably subject to luck. Levy goes on to discuss recent non-historical compatibilisms, and argues that they do not offer a viable alternative to control-based compatibilisms. He suggests that luck undermines our freedom and moral responsibility no matter whether determinism is true or not. (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)

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)

The paper has dual aim: to analyse the structure of negligence, and to use it to offer an explanation of responsibility (for actions, omissions, consequences) in terms of the relations which must exist between the action (omission, etc.) and the agents powers of rational agency if the agent is responsible for the action. The discussion involves reflections on the relations between the law and the morality of negligence, the difference between negligence and strict liability, the role of excuses and the (...) grounds of duties to pay damages. (shrink)