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According to an influential view by Elizabeth Harman, moral ignorance, as opposed to factual ignorance, never excuses one from blame. In defense of this view, Harman appeals to the following considerations: that moral ignorance always implies a lack of good will, and that moral truth is always accessible. In this paper, I clearly distinguish these considerations, and present challenges to both. If my arguments are successful, sometimes moral ignorance excuses. |
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Non-moral ignorance can exculpate: if Anne spoons cyanide into Bill's coffee, but thinks she is spooning sugar, then Anne may be blameless for poisoning Bill. Gideon Rosen argues that moral ignorance can also exculpate: if one does not believe that one's action is wrong, and one has not mismanaged one's beliefs, then one is blameless for acting wrongly. On his view, many apparently blameworthy actions are blameless. I discuss several objections to Rosen. I then propose an alternative view on which (...) |
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This essay explores the boundaries of the moral community—the collection of agents eligible for moral responsibility—by focusing on those just inside it and those just outside it. In particular, it contrasts mild mental retardation with psychopathy, specifically among adults. For those who work with and know them, adults with mild mental retardation are thought to be obvious members of the moral community (albeit not full-fledged members). For those who work with and theorize about adult psychopaths, by contrast, they are not (...) |
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The paper begins with the plausible view that criminal responsibility should track moral responsibility, and explains its plausibility. A necessary distinction is then drawn between liability and answerability as two dimensions of responsibility, and is shown to underpin the distinction in criminal law between offences and defences. This enables us to distinguish strict liability from strict answerability, and to see that whilst strict criminal liability seems inconsistent with the principle that criminal responsibility should track moral responsibility, strict criminal answerability is (...) |
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My thesis is that moral ignorance does not imply a failure to care adequately about what is in fact morally significant. I offer three cases: one in which someone is ignorant of the precise nature of what she cares about; one in which someone does not reflect on the significance of what she cares about in a particular set of circumstances, and one in which someone cares deeply about two morally significant considerations while being mistaken about their relative significance. I (...) |
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What is the relation between a reason and an action when the reason explains the action by giving the agent's reason for doing what he did? We may call such explanations rationalizations, and say that the reason rationalizes the action. In this paper I want to defend the ancient - and common-sense - position that rationalization is a species of ordinary causal explanation. The defense no doubt requires some redeployment, but not more or less complete abandonment of the position, as (...) |
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When a person acts from ignorance, he is culpable for his action only if he is culpable for the ignorance from which he acts. The paper defends the view that this principle holds, not just for actions done from ordinary factual ignorance, but also for actions done from moral ignorance. The question is raised whether the principle extends to action done from ignorance about what one has most reason to do. It is tentatively proposed that the principle holds in full (...) |
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Some accounts of moral responsibility hold that an agent's responsibility is completely determined by some aspect of the agent's mental life at the time of action. For example, some hold that an agent is responsible if and only if there is an appropriate mesh among the agent's particular psychological elements. It is often objected that the particular features of the agent's mental life to which these theorists appeal (such as a particular structure or mesh) are not necessary for responsibility. This (...) |
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Culpability is not a unitary concept within the criminal law, and it is important to distinguish different culpability concepts and the work they do. Narrow culpability is an ingredient in wrongdoing itself, describing the agent’s elemental mens rea. Broad culpability is the responsibility condition that makes wrongdoing blameworthy and without which wrongdoing is excused. Inclusive culpability is the combination of wrongdoing and responsibility or broad culpability that functions as the retributivist desert basis for punishment. Each of these kinds of culpability (...) |
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It is widely agreed that the top three Model Penal Code culpability levels suffice for criminal liability, but the fourth is controversial. And it isn’t just the particular MPC wording; that negligence should be on the list at all is controversial. My question is: What makes negligence so different? What is it about negligence that gives rise to the view that it should not suffice for criminal liability? In addressing it, I draw attention to how we conduct the debate, and (...) |
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In resultant moral luck, blame and punishment seem intuitively to depend on downstream effects of a person’s action that are beyond his or her control. Some skeptics argue that we should override our intuitions about moral luck and reform our practices. Other skeptics attempt to explain away apparent cases of moral luck as epistemic artifacts. I argue, to the contrary, that moral luck is real—that people are genuinely responsible for some things beyond their control. A partially consequentialist theory of responsibility (...) |
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This paper offers a critical reconsideration of the traditional doctrine that responsibility for a crime requires a voluntary act. I defend three general propositions: first, that orthodox Anglo-American criminal theory fails to explain adequately why criminal responsibility requires an act. Second, when it comes to the just definition of crimes, the act requirement is at best a rough generalization rather than a substantive limiting principle. Third, that the intuition underlying the so-called “act requirement” is better explained by what I call (...) |
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