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 classic collection of essays, first published in 1968, represents H.L.A. Hart's landmark contribution to the philosophy of criminal responsibility and punishment. Unavailable for ten years, this new edition reproduces the original text, adding a new critical introduction by John Gardner, a leading contemporary criminal law theorist.

Most people (and philosophers) distinguish between performing a morally wrong action and being blameworthy for having performed that action, and believe that an individual can be fully excused for having performed a wrong action. My purpose is to reject this claim. More precisely, I defend what I call the “Dependence Claim”: A's doing X is wrong only if A is blameworthy for having done X. I consider three cases in which, according to the traditional view, a wrong action could be (...) excused: duress, mental illness, and mistake. I try to show that the reasons for excusing in either case are not relevantly distinguishable from the reasons for claiming that the prima facie wrong action is not wrong all things considered. (shrink)

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 (...) many agents who act wrongly are blameworthy despite believing they are acting morally permissibly, and despite not having mismanaged their moral beliefs.1. (shrink)

R. Jay Wallace argues in this book that moral accountability hinges on questions of fairness: When is it fair to hold people morally responsible for what they do? Would it be fair to do so even in a deterministic world? To answer these questions, we need to understand what we are doing when we hold people morally responsible, a stance that Wallace connects with a central class of moral sentiments, those of resentment, indignation, and guilt. To hold someone responsible, he (...) argues, is to be subject to these reactive emotions in one's dealings with that person. Developing this theme with unusual sophistication, he offers a new interpretation of the reactive emotions and traces their role in our practices of blame and moral sanction. With this account in place, Wallace advances a powerful and sustained argument against the common view that accountability requires freedom of will. Instead, he maintains, the fairness of holding people responsible depends on their rational competence: the power to grasp moral reasons and to control their behavior accordingly. He shows how these forms of rational competence are compatible with determinism. At the same time, giving serious consideration to incompatibilist concerns, Wallace develops a compelling diagnosis of the common assumption that freedom is necessary for responsibility. Rigorously argued, eminently readable, this book touches on issues of broad concern to philosophers, legal theorists, political scientists, and anyone with an interest in the nature and limits of responsibility. (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)

This book argues that ignorance of law should usually be a complete excuse from criminal liability. It defends this conclusion by invoking two presumptions: first, the content of criminal law should conform to morality; second, mistakes of fact and mistakes of law should be treated symmetrically.

Every choice we make is set against a background of massive ignorance about our past, our future, our circumstances, and ourselves. Philosophers are divided on the moral significance of such ignorance. Some say that it has a direct impact on how we ought to behave - the question of what our moral obligations are; others deny this, claiming that it only affects how we ought to be judged in light of the behaviour in which we choose to engage - the (...) question of what responsibility we bear for our choices. Michael Zimmerman claims that our ignorance has an important bearing on both questions, and offers an account of moral obligation and moral responsibility that is sharply at odds with the prevailing wisdom. His book will be of interest to a wide range of readers in ethics. (shrink)

Michael J. Zimmerman offers a conceptual analysis of the moral ‘ought’ that focuses on moral decision-making under uncertainty. His central case, originally presented by Frank Jackson, concerns a doctor who must choose among three treatments for a minor ailment. Her evidence suggests that drug B will partially cure her patient, that one of either drug A or C would cure him completely, but that the other drug would kill him. Accepting the intuition that the doctor ought to choose drug B, (...) Zimmerman argues that moral obligation consists in performing the action that is ‘prospectively best,’ that is ‘that which, from the moral point of view, it is most reasonable for the agent to choose’ given the evidence available to her at the time.Zimmerman defends his Prospective View of moral obligation against two main competitors in the long, first chapter of the book. According to the Objective View, a person ought to choose what is, in fact, the best option. The doctor ought to give her patient whichever drug will actually cure him. The fact that the doctor cannot know whether this is drug …. (shrink)

Responsibility and the Moral Sentiments offers an account of moral responsibility. It addresses the question: what are the forms of capacity or ability that render us morally accountable for the things we do? A traditional answer has it that the conditions of moral responsibility include freedom of the will, where this in turn involves the availability of robust alternative possibilities. I reject this answer, arguing that the conditions of moral responsibility do not include any condition of alternative possibilities. In the (...) terms that have become familiar, the book thus defends a compatibilist account of moral responsibility. (shrink)

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.

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 (...) is because there appear to be cases in which an agent acts at an earlier time which causes her to lack the appropriate psychological features at some later time and yet, intuitively, she is responsible at that later .. (shrink)