The wrongness of rape -- Rationality and the rule of law in offences against the person -- Complicity and causality -- In defence of defences -- Justifications and reasons -- The gist of excuses -- Fletcher on offences and defences -- Provocation and pluralism -- The mark of responsibility -- The functions and justifications of criminal law and punishment -- Crime : in proportion and in perspective -- Reply to critics.

The result is nothing less than a fundamental reorientation of moral theory that enables it at last to account for morality's supreme authority--an account that ...

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.

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 superbly crafted account of the notion of moral responsibility and of its relations to freedom, control, ignorance, negligence, attempts, omissions, compulsion, mental disorders, virtues and vices, desert, and punishment fills that gap. The treatment of character and luck is particularly sophisticated and well-argued.

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)

How do we judge whether an action is morally right or wrong? If an action is wrong, what reason does that give us not to do it? Why should we give such reasons priority over our other concerns and values? In this book, T. M. Scanlon offers new answers to these questions, as they apply to the central part of morality that concerns what we owe to each other. According to his contractualist view, thinking about right and wrong is thinking (...) about what we do in terms that could be justified to others and that they could not reasonably reject. He shows how the special authority of conclusions about right and wrong arises from the value of being related to others in this way, and he shows how familiar moral ideas such as fairness and responsibility can be understood through their role in this process of mutual justification and criticism. Scanlon bases his contractualism on a broader account of reasons, value, and individual well-being that challenges standard views about these crucial notions. He argues that desires do not provide us with reasons, that states of affairs are not the primary bearers of value, and that well-being is not as important for rational decision-making as it is commonly held to be. Scanlon is a pluralist about both moral and non-moral values. He argues that, taking this plurality of values into account, contractualism allows for most of the variability in moral requirements that relativists have claimed, while still accounting for the full force of our judgments of right and wrong. (shrink)

One way of being responsible for an action is being praiseworthy for it. But what is the “praise” of which the praiseworthy agent is worthy? This paper provides a survey of answers to this question, i.e. a survey of possible accounts of praise’s nature. It then presents an overview of candidate norms governing our responses of praise. By attending to praise’s nature and appropriateness conditions, we stand to acquire a richer conception of what it is to be, and to regard (...) another as, a responsible agent. (shrink)

P.F. Strawson’s account of moral responsibility in “Freedom and Resentment” has been widely influential. In both that paper and in the contemporary literature, much attention has been paid to Strawson’s account of blame in terms of reactive attitudes like resentment and indignation. The Strawsonian view of praise in terms of gratitude has received comparatively little attention. Some, however, have noticed something puzzling about gratitude and accountability. We typically understand accountability in terms of moral demands and expectations. Yet gratitude does not (...) express or enforce moral demands or expectations. So, how is it a way to hold an agent accountable? In a more general manner, we might ask if there is even sense to be made of the idea that agents can be accountable—i.e., “on the hook”—in a positive way. In this paper, I clarify the relationship between gratitude and moral accountability. I suggest that accountability is a matter of engaging with others in a way that is basically concerned with their feelings and attitudes rather than solely a matter of moral demands. Expressions of gratitude are a paradigmatic form of this concerned engagement. I conclude by defending my view from the objection that it leads to an overly generous conception of holding accountable and suggest in reply that moral responsibility skeptics may not help themselves to as many moral emotions as they might have thought. (shrink)

Philosophers analyzing standing to blame have argued that in view of a blamer’s own fault she can lack standing to blame another for an act even if the act is blameworthy and that standingless, hypocritical blame is pro tanto morally wrongful. The bearing of these conclusions on standing to praise is yet to receive the attention it deserves. I defend two claims. The first is the conditional claim that if and are true, so are and. The latter are: a praiser (...) can lack the standing to praise herself for an act even if that act is praiseworthy and standingless, hypocritical praise is pro tanto morally wrongful. So I am suggesting that facts about standing to blame reflect more general facts about standing to hold responsible. The second is the claim that and are true. (shrink)

While Strawsonians have focused on the way in which our “reactive attitudes”—the emotions through which we hold one another responsible for manifestations of morally significant quality of regard—express moral demands, serious doubt has been cast on the idea that non-blaming reactive attitudes direct moral demands to their targets. Building on Gary Watson’s proposal that the reactive attitudes are ‘forms of moral address’, this paper advances a communicative view of praise according to which the form of moral address distinctive of the (...) praise-manifesting reactive attitudes (approbation, gratitude) is moral invitation. Like moral demand, moral invitation is a species of directive address presupposing its target’s possession of distinctive agential capacities and, when valid, provides its addressee with reason to give the addressor’s directive discursive uptake. While blame’s demands issue imperatival reasons for compliance (e.g. to acknowledge wrongdoing, apologize, etc.), praise’s invitations provide discretionary reasons to accept credit in jointly valuing the significance of the act for the praiser. In addition to its phenomenological plausibility and contribution to the already fecund Watsonian-cum-Strawsonian program, the invitational view helps render intelligible the power of our praise practices to facilitate the formation and enrichment of our interpersonal relationships. (shrink)

In recent years there has been an explosion of philosophical work on blame. Much of this work has focused on explicating the nature of blame or on examining the norms that govern it, and the primary motivation for theorizing about blame seems to derive from blame’s tight connection to responsibility. However, very little philosophical attention has been given to praise and its attendant practices. In this paper, I identify three possible explanations for this lack of attention. My goal is to (...) show that each of these lines of thought is mistaken and to argue that praise is deserving of careful, independent analysis by philosophers interested in theorizing about responsibility. (shrink)

The idea that demands are a key constituent of any analysis of the negative reactive attitudes is rarely challenged, enjoying a freedom from scrutiny uncommon in philosophy. In this paper I press on this orthodox view, arguing that there are broadly speaking, three ways in which the term ‘demand’ is used in discussions of the negative reactive attitudes and that each is problematic.

Communities of respect are communities of people sharing common practices or a (partial) way of life; they include families, clubs, religious groups, and political parties. This book develops a detailed account of such communities in terms of the rational structure of their members' reactive attitudes, arguing that they are fundamental in three interrelated ways to understanding what it is to be a person. First, it is only by being a member of a community of respect that one can be a (...) responsible agent having dignity; such an agent therefore has certain rights as well as the authority to demand that fellow members recognize her dignity and follow the norms of the community, norms compliance with which they likewise have the authority to demand from her. Second, by prescribing or proscribing both actions and values, communities of respect can shape the identities of its members in ways that others have the authority to enforce, thereby revealing an important interpersonal dimension of the identities of persons. Finally, all of this is grounded in a distinctively interpersonal form of practical rationality in virtue of which we jointly have reasons to recognize the dignity and authority of fellow members and so to comply with their authoritative demands, as well as to respect (and so comply with) the norms of the community. Hence we persons are essentially social creatures. (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)

David Shoemaker presents a new pluralistic theory of responsibility, based on the idea of quality of will. His approach is motivated by our ambivalence to real-life cases of marginal agency, such as those caused by clinical depression, dementia, scrupulosity, psychopathy, autism, intellectual disability, and poor formative circumstances. Our ambivalent responses suggest that such agents are responsible in some ways but not others. Shoemaker develops a theory to account for our ambivalence, via close examination of several categories of pancultural emotional responsibility (...) responses and their appropriateness conditions. The result is three distinct types of responsibility, each with its own set of required capacities: attributability, answerability, and accountability. Attributability is about the having and expressing of various traits of character, and it is the target of a range of aretaic sentiments and emotional practices organized around disdain and admiration. Answerability is about one’s capacity to govern one’s actions and attitudes by one’s evaluative judgments about the worth of various practical reasons, and it is the target of a range of sentiments and emotional practices organized around regret and pride. Accountability is about one’s ability to regard others, both evaluatively and emotionally, and it is the target of a range of sentiments and emotional practices organized around anger and gratitude. In Part One of the book, this tripartite theory is developed and defended. In Part Two of the book, the tripartite theory’s predictions about specific marginal cases are tested, once certain empirical details about the nature of those agents have been filled in and discussed. (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)

One of P. F. Strawson's suggestions in “Freedom and Resentment” was that there might be an elegant theory of moral responsibility that accounted for all of our responsibility responses in a way that also explained why we get off the hook from those responses. Such a theory would appeal exclusively toquality of will: when we react with any of a variety of responsibility responses to someone, we are responding to the quality of her will with respect to us, and when (...) we let her off the hook, we are doing so in virtue of her lacking the capacity for the relevant quality of will. Strawson's own attempt to put forward such a view fails, for reasons Gary Watson has given, but several other theorists have advanced their own, more developed,Pure Quality of Willtheories in recent years. Specifically, there have been three distinct interpretations of “will” defended in the literature, yielding three different possible targets of our responsibility responses: quality ofcharacter, quality ofjudgment, or quality ofregard.My first task in this essay will be to show that none of these theories individually can captureallof our responsibility responses, given our deeply ambivalent responses to several marginal cases. One reaction to this fact might be to abandon the quality of will approach altogether. Another, more plausible, reaction is to develop a pluralistic account of responsibility, one that admits three noncompeting conceptions of responsibility, each of which emphasizes one of the three different qualities of will as the target of a distinct subset of our responsibility responses. On this pluralistic approach, marginal agents might be responsible on some conceptions, but not responsible on others. In the bulk of the paper, I discuss each of the relevant subsets of responsibility responses, the different qualities of will they target, what the capacities for the three qualities of will are, and how the pluralistic qualities of will approach could account for our ambivalence in the marginal cases. (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.

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)

There are two broadly competing pictures of moral responsibility. On the view I favor, to be responsible for some action is to be related to it in such a way that licenses attributing certain properties to the agent, properties like blameworthiness and praiseworthiness. Responsibility is attributability. A different view understands being responsible in terms of our practices of holding each other responsible. Responsibility is accountability, which “involves a social setting in which we demand (require) certain conduct from one another and (...) respond adversely to one another’s failures to comply with these demands” (Watson, Philos Top 24:227–248, 1996). My concern here is the relation between moral responsibility and desert. Plausibly, if someone is morally responsible for something wrong then they deserve blame, and it is on the basis of them being morally responsible and its being wrong that they deserve blame. In this paper, I try to make progress toward understanding why it would follow that being morally responsible for something supports a desert claim. I propose to do this by exploring how the “two faces” of responsibility should proceed. An important upshot is that we gain a new currency by which to evaluate extant theories of responsibility that might favor one or the other conception: do they carry plausible desert commitments? To illustrate this benefit, I argue that accountability theory carries implausible implications for deserved praise. (shrink)

I argue for adopting a conception of obligation that is broader than the conception commonly adopted by moral philosophers. According to this broader conception, the crucial marks of an obligatory action are, first, that the reasons for the obliged party to perform the action include an exclusionary reason and, second, that the obliged party is the appropriate target of blaming reactive attitudes, if they inexcusably fail to perform the obligatory action. An obligation is directed if the exclusionary reason depends on (...) the relationship between the obliged person and the person to whom they owe the obligatory action, and the latter person is positioned to personally blame the obligated person for inexcusably failing to perform the obligatory action. Some direc- ted obligations are not owed as a matter of right, and the person to whom the obligatory action is owed is the only person positioned to blame nonperformance. Other directed obligations are owed as a matter of right, and people who are not part of the relationship grounding the obligation nevertheless are also positioned to (impersonally) blame non-performance. Only the rights-based form of directed obligation has received signifi- cant attention from moral philosophers, yet the former—which is at the heart of what I call “personal bonds”—is a pervasive and significant theme of our ordinary interpersonal lives. (shrink)

Elinor Mason draws on ethics and responsibility theory to present a pluralistic view of both wrongness and blameworthiness. Mason argues that our moral concepts, rightness and wrongness, must be connected to our responsibility concepts. But the connection is not simple. She identifies three different ways to be blameworthy, corresponding to different ways of acting wrongly. The paradigmatic way to be blameworthy is to act subjectively wrongly. Mason argues for an account of subjective obligation that is connected to the notion of (...) trying - to act rightly is try to do well by morality, to act wrongly (and to be blameworthy) is to fail to try hard enough. Trying involves understanding morality, those who do not grasp morality are in a different category. So agents might also be blameworthy for being oriented away from what really matters. In that case, agents are blameworthy in a different sense, the detached sense. Finally, we can become blameworthy by taking responsibility in cases where our agency is ambiguous. In the final section, Mason gives us an account of taking responsibility and agues that that is an important art of our responsibility practices. (shrink)

A neglected and non-trivial problem exists for a central cluster of Strawsonian accountability theories of moral responsibility, namely those that, following Gary Watson, understand the reactive attitudes to be implicit forms of moral address, particularly moral demand. The problem consists in the joint acceptance of two claims: (a) Accountability is a matter of agents holding one another to moral demands, and (b) accountability is a view of blame and praise. I label joint acceptance of these claims the Strawsonian’s demand dogma. (...) Symptomatic of a larger tendency among responsibility theorists to focus on blame to the neglect of its positive counterpart, the demand dogma saddles the Strawsonian with an impoverished and ultimately untenable view of praise. This is because moral demand occupies a dual role on the Strawsonian's view of blame, one that it is incapable of occupying for praise. For, demands figure not only in the contents of blame responses; demand typifies the form of these responses themselves. That is, reactive attitudes of blame, unlike those of praise, implicitly make demands of their targets. The force of this problem is highlighted by considering the inadequacy of various strategies for shoehorning “demand” into our conception of praise. If reactive attitudes generally are incipient forms of moral address, praise-manifesting attitudes must communicate something other than demand. Though primarily critical, this paper invites Strawsonian responsibility theorists to give renewed attention to the foundations of the proposal that the reactive attitudes are incipiently communicative, focusing this time on the form of address that lies at the heart of praise. (shrink)

I argue that our acts of moral appraisal should be communicative. Praise and blame should communicate, to the appraised, information about their status and competences as moral agents; that they are recognised by the appraiser as a competent moral agent, and thus a legitimate candidate for appraisal. I argue for this thesis by drawing on empirical data about factors that can affect motivation. On the basis of such data, I formulate a constraint, and argue that two prominent models of moral (...) appraisal – a consequentialist model and Wallace’s ‘evaluative response’ model – violate this constraint. The model that I propose – the communicative conception of appraisal – does not violate this constraint. This conception, I argue, can provide a fuller picture of the role of appraisals in deepening agents’ commitment to moral norms. On this model, praise and blame has not only an evaluative component, but also communicates to the agent competence affirming information. (shrink)

Praise is a common feature of interpersonal interaction. It is used to encourage, socialize, ingratiate, seduce, reward, and influence other people. These assorted usages reflect a widespread belief in the efficacy of praise for altering the behaviour and affective state of the recipient. Despite this assumed power of praise, and despite its salience and frequency in human social interaction, research interest in praise has been sporadic and intermittent, and not united within an all-embracing theoretical model.In this article we will present (...) an analysis of the effects of praise. We will begin by considering how to define praise. Next, we will examine the view of praise as social reinforcement, a conception which roots praise firmly within an empiricist framework; this appears to have been the predominant theoretical view guiding previous research on praise. We will conclude, however, that this view is conceptually inadequate to account for the empirical evidence. Because of that conclusion, our next step will be to provide a novel examination of the likely processes and consequences involved in praise. The remainder of the article will then be devoted to examining, where it is available, empirical evidence relevant to our analysis. (shrink)