This essay attempts to provide and defend what may be the first actual argument in support of P. F. Strawson's merely stated vision of a response-dependent theory of moral responsibility. It does so by way of an extended analogy with the funny. In part 1, it makes the easier and less controversial case for response-dependence about the funny. In part 2, it shows the tight analogy between anger and amusement in developing the harder and more controversial case for response-dependence about (...) a kind of blameworthiness. It then defends the view from three serious skeptical challenges. (shrink)

The principle of equality - that likes should be treated alike - has been a fixture of Western thought for thousands of years. In this Article, Professor Westen argues that the endurance of the principle is due to the fact that it is empty of content. For the principle to have meaning, it must incorporate some external values that determine which persons and treatments are alike, but once these external values are found, the principle of equality is superfluous. Worse, equality (...) tends to cause confusion and logical errors. Consequently, Professor Westen concludes, the rhetoric of equality should be abandoned. (shrink)

Recently, philosophers have turned their attention to the question, not when a given agent is blameworthy for what she does, but when a further agent has the moral standing to blame her for what she does. Philosophers have proposed at least four conditions on having “moral standing”: -/- 1. One’s blame would not be “hypocritical”. 2. One is not oneself “involved in” the target agent’s wrongdoing. 3. One must be warranted in believing that the target is indeed blameworthy for the (...) wrongdoing. 4. The target’s wrongdoing must some of “one’s business”. -/- These conditions are often proposed as both conditions on one and the same thing, and as marking fundamentally different ways of “losing standing.” Here I call these claims into question. First, I claim that conditions (3) and (4) are simply conditions on different things than are conditions (1) and (2). Second, I argue that condition (2) reduces to condition (1): when “involvement” removes someone’s standing to blame, it does so only by indicating something further about that agent, viz., that he or she lacks commitment to the values that condemn the wrongdoer’s action. The result: after we clarify the nature of the non-hypocrisy condition, we will have a unified account of moral standing to blame. Issues also discussed: whether standing can ever be regained, the relationship between standing and our "moral fragility", the difference between mere inconsistency and hypocrisy, and whether a condition of standing might be derived from deeper facts about the "equality of persons". (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)

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)

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)

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)

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 we hope to explain and perhaps vindicate a practice that is internally diverse, philosophy faces a methodological challenge. Such subject matters are likely to have explanatorily basic features that are not necessary conditions. This prompts a move away from analysis to some other kind of philosophical explanation. This paper proposes a paradigm based explanation of one such subject matter: blame. First, a paradigm form of blame is identified—‘Communicative Blame’—where this is understood as a candidate for an explanatorily basic form (...) of blame. Second, its point and purpose in our lives is investigated and found to reside in its power to increase the alignment of the blamer and the wrongdoer's moral understandings. Third, the hypothesis that Communicative Blame is an explanatorily basic form of blame is tested out by seeing how far other kinds of blame can reasonably be understood as derivative, especially in respect of blame's point and purpose. Finally, a new and quasi-political worry about blame is raised. (shrink)

This paper examines the idea that forgiveness requires, either for its existence or for its justification, the meeting of moral and epistemic conditions which show that resentment is no longer warranted. I argue that this idea results in over-intellectualizing and over-moralizing forgiveness, and in failing to accommodate its elective nature. I sketch an alternative account, which appeals to the differences between emotions and beliefs, and the idea that we have more rational optionality with respect to emotions.

Theories of moral desert focus only on the personal culpability of the agent to determine the amount of blame and punishment the agent deserves. I defend an alternative account of desert, one that does not focus only facts about offenders and their offenses. In this revised framework, personal culpability can do no more than set upper and lower limits for deserved blame and punishment. For more precise judgments within that spectrum, additional factors must be considered, factors that are independent of (...) the agent and the offense. I refer to this as the ‘partial conception’ of desert because takes facts about victims—their behavior, desires, and attitudes—into account for desert judgments. On my view, then, agents who are equally culpable may deserve different amounts of blame or punishment, depending on these victim-related factors. (shrink)

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)

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)

In tort and contract law, we calculate the harm a defendant caused a plaintiff by examining the plaintiff’s condition after an injury relative to his baseline condition. When we consider the severity of prison sentences, however, we usually ignore offenders’ baseline conditions. We deem inmates as receiving equal punishments when they are incarcerated for the same period of time under the same conditions, even though incarceration does not change their situations equally (unless they started out in identical circumstances). It is (...) the amount by which we change offenders’ circumstances that determines the severity of their sentences. We calculate the severity of some punishments, like fines, comparatively. Fines specify an amount by which to change an offender’s wealth relative to his baseline. We never use fines to equalize the net worth of offenders, but we do use prison to equalize the liberties of prison inmates. When we recognize the comparative nature of punishment, we see that, by putting two equally blameworthy offenders in prison for equal durations, the offender with the better baseline condition is likely punished more severely than the offender with the worse baseline condition. We must attend to the differences in their baselines or else we will fail to justify some of the harsh treatment that we knowingly impose. If we insist on giving both of these offenders equal prison terms, we cannot justify doing so on the grounds of proportional punishment. (shrink)

Our culture is conflicted about morally judging and condemning. We can't avoid it altogether, yet many layfolk today are loathe to do it for reasons neither they nor philosophers well understand. Their resistance is often confused (by themselves and by theorists) with some species of antiobjectivism. But unlike a nonobjectivist, most people think that (a) for us to judge and condemn is generally (objectively) morally wrong , yet (b) for God to do so is (objectively) proper, and (c) so too (...) for certain persons in certain relations (e.g., self-condemnation, parental child rearing.) Certainly, religious (e.g., Christian) critics of judging and condemning without doubting the objective truth of their tradition's core moral teachings. Most puzzling is that (a) merely judging and condemning in one's heart may be improper, and (b) someone else with no more evidence or expertise might properly judge and condemn the same action. The answer is in condemning's complex structure of presuppostions. Condemning and judging are acts, and attitudes initiated by the act. Condemnation is motivated by two judgments presumed to justify it, a criticism of a target, and a judgment that the criticism justifies some negative response toward the target. Unlike nonpunitive penalties, punishments are motivated and explained by condemnation. Condemnation is an act of a hostile will, wishing some evil for its target, not (just) as a means to some good. Its root is in damning, an act akin to cursing. It declares a degraded status. The hostility makes it harder to justify condemnation than criticism, and punishment than nonpunitive penalties. Condemning claims objectivity and authority. It involves reflexive evaluation, regarding itself justified, approving its hostile feelings toward the target. Condemners presume themselves entitled to sit in judgment, pass judgment, and cast the condemned down. Those presumptions inhere in sitting in judgment, assuming jurisdiction. Unlike mathematical or scientific judgments, passing moral judgment seems to be a political act subject to extraepistemic constraints. "Who are you to judge?" may properly challenge your right to pass judgment. (shrink)

Recent work in contemporary compatibilist theory displays considerable sophistication and subtlety when compared with the earlier theories of classical compatibilism. Two distinct lines of thought have proved especially influential and illuminating. The first developed around the general hypothesis that moral sentiments or reactive attitudes are fundamental for understanding the nature and conditions of moral responsibility. The other important development is found in recent compatibilist accounts of rational self-control or reason responsiveness. Strictly speaking, these two lines of thought have developed independent (...) of each other. However, in the past decade or so they have been fused together in several prominent statements of compatibilist theory. I will refer to theories that combine these two elements in this way as RS theories. RS theories face a number of familiar difficulties that relate to each of their two components. Beyond this, they also face a distinct set of problems concerning how these two main components relate or should be integrated. My concerns in this paper focus primarily on this set of problems. According to one version of RS compatibilism, the role of moral sentiments is limited to explaining what is required for holding an agent responsible. In contrast with this, the role of reason responsiveness is to explain what moral capacities are required for an agent to be responsible, one who is a legitimate or fair target of our moral sentiments. More specifically, according to this view, moral sense is not required for rational selfcontrol or reason responsiveness. There is, therefore, no requirement that the responsible agent has some capacity to feel moral sentiment. Contrary to this view, I argue that a responsible agent must be capable of holding herself and others responsible. Failing this, an agent’s powers of rational self-control will be both limited and impaired. In so far as holding responsible requires moral sense, it follows that being responsible also requires moral sense. (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)

In this article I try to refute the so-called "libertarian" theory of free will, and to examine how our conclusion ought to modify our common attitudes of praise and blame. In attacking the libertarian view, I shall try to show that it cannot be consistently stated. That is, my dscussion will be an "analytic-philosophic" one. I shall neglect what I think is in practice an equally powerful method of attack on the libertarian: a challenge to state his theory in such (...) a way that it will fit in the modern biology and psychology, which are becoming increasingly physicalistic. (shrink)

Charles Griswold’s 2007 book Forgiveness argues that genuine forgiveness of an unexcused, unjustified and unignored offence must be normgoverned and conditional. In the same way that gift-giving is governed by norms of appropriateness, so too is forgiveness; and the appropriateness of forgiving is centrally dependent on the offender’s repentance. In response, I claim that genuine forgiveness must always be elective and unconditional, and therefore genuinely unpredictable, no matter how much – or how little – the offender repents. I consider and (...) reject one defence of unconditional forgiveness, that of Garrard and McNaughton. I then develop my own account, which builds on Bernard Williams’ notion of practical necessity. (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)

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)

Retribution is often dismissed as augmenting the initial harm done, rather than ameliorating it. This criticism rests on a crude view of retribution. In our actual practice in informal situations and in the workings of the reactive (properly called 'retributive') sentiments, retribution is true to the gravity of wrongdoing, but does aim to ameliorate it. Through wrongdoing, offenders become alienated from the moral community: their actions place their commitment to its core values in doubt. We recognize this status in blaming, (...) a withdrawal of civility and solidarity which symbolizes the moral distance wrongdoers have put between them and us. Atonement is the means by which they make themselves 'at one' again with the community. Retribution is properly understood as a cycle which recognizes disruption and alienation, but aims at reconciliation. (shrink)

As object-directed emotions, reactive attitudes can be appropriate in the sense of fitting, where an emotion is fitting in virtue of accurately representing its target. I use this idea to argue for a theory of moral accountability: an agent S is accountable for an action A if and only if A expresses S’s quality of will and S has the capacity to recognize and respond to moral reasons. For the sake of argument, I assume that a reactive attitude is fitting (...) if and only if its constituent thoughts are true, and I argue for the above theory by determining thoughts partly constituting resentment and gratitude. Although others have argued that the capacity to recognize and respond to moral reasons is necessary for accountability, the argument here is significantly better in two respects. First, it does not rely on intermediary ethical principles, supplementary arguments, or assumptions about the nature of reactive attitudes specifically. Instead, it simply assumes that reactive attitudes, like all emotions, have cognitive content. Second, the argument here is more powerful because it brings to light the quality of will condition and has the resources to flesh out the capacity to recognize and respond to moral reasons. (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)

Accounts of moral responsibility can be divided into those that claim that attributability of an act, omission, or attitude to an agent is sufficient for responsibility for it, and those which hold that responsibility depends crucially on choice. I argue that accounts of the first, attributionist, kind fail to make room for the relatively stringent epistemic conditions upon moral responsibility, and that therefore an account of the second, volitionist, kind ought to be preferred. I examine the various arguments advanced on (...) behalf of attributionist accounts, and argue that for each of them volitionism has a reply that is in every case at least as, and often more, persuasive. Most significantly, only volitionism can accommodate the intuitively important distinction between the bad and the blameworthy. (shrink)

In the contemporary moral responsibility debate, most theorists seem to be giving accounts of responsibility in the ‘desert-entailing sense’. Despite this agreement, little has been said about the notion of desert that is supposedly entailed. In this paper I propose an understanding of desert sufficient to help explain why the blameworthy and praiseworthy deserve blame and praise, respectively. I do so by drawing upon what might seem an unusual resource. I appeal to so-called Fitting-Attitude accounts of value to help inform (...) a conception of desert or merit, one that can be usefully applied to discussions of moral responsibility. I argue that the view, which I call, Desert as Fittingness (DAF), merits additional attention. I do so by making two claims: First, that it does better than extant Fitting Attitude accounts of blameworthiness and praiseworthiness; second, that it has an initial plausibility with respect to informing a general account of desert. While these reasons are insufficient to show the view is true, they do make the case for taking the view seriously. (shrink)