I argue that culpable ignorance can be irreducibly collective. In some cases, it is not fair to expect any individual to have avoided her ignorance of some fact, but it is fair to expect the agents together to have avoided their ignorance of that fact. Hence, no agent is individually culpable for her ignorance, but they are culpable for their ignorance together. This provides us with good reason to think that any group (...) that is culpably ignorant in this irreducibly collective sense is non-distributively collectively responsible for subsequent unwitting acts and consequences. (shrink)

In this paper, I respond to the following argument which several authors have presented. If we are culpable for some action, we act either from akrasia or from culpable ignorance. However, akrasia is highly exceptional and it turns out that tracing culpable ignorance leads to a vicious regress. Hence, we are hardly ever culpable for our actions. I argue that the argument fails. Cases of akrasia may not be that rare when it comes to (...) epistemic activities such as evidence gathering and working on our intellectual virtues and vices. Moreover, particular cases of akrasia may be rare, but they are not exceptional when we consider chains of actions. Finally and most importantly, we can be culpable for our actions even if we do not act from akrasia or from culpable ignorance, namely in virtue of our unactivated dispositional beliefs. (shrink)

This paper explores types of organisational ignorance and ways in which organisational practices can affect the knowledge we have about the causes and effects of our actions. I will argue that because knowledge and information are not evenly distributed within an organisation, sometimes organisational design alone can create individual ignorance. I will also show that sometimes the act that creates conditions for culpable ignorance takes place at the collective level. This suggests that quality of will of (...) an agent is not necessary to explain culpable ignorance in an organisational setting. (shrink)

Teza o "neskrivljenom neznanju" je instrument u okviru teorije pravednog rata koja sluzi da se moralno opravda ucesce u ratu za pripadnike one strane koja je porazena; uslovi za neskrivljenost su da su porazeni borci iskreno verovali da brane pravednu stvar i da su takodje iskreno verovali da imaju nekih izgleda da pobede. Bez ovog instrumenta teorija pravednog rata, jedna teorija koja opravdava rat preko pravednog uzroka rata, bi porazenoj strani narocito ako je slabija, morala da unapred pripise krivicu sto (...) je uopste usla u rat. Medjutim, u savremenoj situaciji rasirene kriminalizacije rata sam pojam rata se menja i postaje izuzetno neodredjen. Kako ratovi postaju sve vise i vise "asimetricni", pre svega u snazi sukobljenih strana, cini se da se teorija pravednog rata suocava sa teskocom da u svoje okvire uopste situira "neskrivljeno neznanje", ali to povlaci teskocu te teorije da pokaze da pravda ide sa pobedom, otvarajuci tako pitanje artikulacije pravednog mira. (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)

Willful ignorance is an important concept in criminal law and jurisprudence, though it has not received much discussion in philosophy. When it is mentioned, however, it is regularly assumed to be a kind of self-deception. In this article I will argue that self-deception and willful ignorance are distinct psychological kinds. First, some examples of willful ignorance are presented and discussed, and an analysis of the phenomenon is developed. Then it is shown that current theories of self-deception give (...) no support to the idea that willful ignorance is a kind of self-deception. Afterwards an independent argument is adduced for excluding willful ignorance from this category. The crucial differences between the two phenomena are explored, as are the reasons why they are so easily conflated. (shrink)

It is intuitive that circumstantial ignorance, even when culpable, can mitigate blameworthiness for morally wrong behavior. In this paper I suggest an explanation of why this is so. The explanation offered is that an agent’s degree of blameworthiness for some action depends at least in part upon the quality of will expressed in that action, and that an agent’s level of awareness when performing a morally wrong action can make a difference to the quality of will that is (...) expressed in it. This explanation makes use of Holly Smith’s distinction between benighting and benighted actions as well as a notion developed here called “capture.”. (shrink)

Ignorance is often a perfectly good excuse. There are interesting debates about whether non-culpable factual ignorance and mistake subvert obligation, but little disagreement about whether non-culpable factual ignorance and mistake exculpate. What about agents who have all the relevant facts in view but fail to meet their obligations because they do not have the right moral beliefs? If their ignorance of their obligations derives from mistaken moral beliefs or from ignorance of the moral (...) significance of the facts they have in view, should they be excused for failing to meet their moral obligations? It is not obvious that they should. In this paper we argue that the best non-skeptical accounts of moral responsibility acknowledge that factual ignorance and mistake will diminish moral responsibility in a way that moral ignorance and mistake will not. That is because factual ignorance is often non-culpable so long as it meets certain merely procedural epistemic standards but the same is not true of moral ignorance. Our argument is that the assumption that it is gets the standards of culpability for moral ignorance wrong, and that the mistake is encouraged by the thought that culpability in general requires an instance of known wrongdoing: that acting wrongly requires de dicto unresponsiveness to one’s obligations at some stage. We deny this and conclude that, therefore, ignorance and mistaken belief are indeed often perfectly good excuses – but far less often than some philosophers claim. (shrink)

The willful ignorance doctrine says defendants should sometimes be treated as if they know what they don't. This book provides a careful defense of this method of imputing mental states. Though the doctrine is only partly justified and requires reform, it also demonstrates that the criminal law needs more legal fictions of this kind. The resulting theory of when and why the criminal law can pretend we know what we don't has far-reaching implications for legal practice and reveals a (...) pressing need for change. (shrink)

In this paper I sketch a socially situated account of responsible agency, the main tenet of which is that the powers that constitute responsible agency are themselves socially constituted. I explain in detail the constitution relation between responsibility-relevant powers and social context and provide detailed examples of how it is realized by focusing on what I call ‘expectations-generating social factors’ such as social practices, cultural scripts, social roles, socially available self-conceptions, and political and legal institutions. I then bring my account (...) to bear on the debate about the exculpatory potential of moral ignorance. I show that a prominent position in this debate – the position that denies that moral ignorance exculpates – is grounded on an individualistic and acontextualist conception of moral capacities, moral cognition, and blameworthiness, and that this conception leads those philosophers who endorse it to make a number of questionable claims regarding the ability of ordinary agents to overcome their moral ignorance and the culpability they bear for the latter. I conclude by indicating how my socially situated account addresses the issue of moral ignorance. (shrink)

Some philosophers contend that concomitant ignorance preserves moral responsibility for wrongdoing. An agent is concomitantly ignorant with respect to wrongdoing if and only if her ignorance is non-culpable, but she would freely have performed the same action if she were not ignorant. I, however, argue that concomitant ignorance excuses. I show that leading accounts of moral responsibility imply that concomitant ignorance excuses, and I debunk the view that concomitant ignorance preserves moral responsibility.

In this paper I suggest that there is a way to make sense of blameworthiness for morally problematic actions even when there is no bad will behind such actions. I am particularly interested in cases where an agent acts in a biased way, and the explanation is socialization and false belief rather than bad will on the part of the agent. In such cases, I submit, we are pulled in two directions: on the one hand non-culpable ignorance is (...) usually an excuse, but in the case of acting in a biased way we feel some pull to find the agent blameworthy. I argue that agents are sometimes blameworthy, (where I really mean that they are blameworthy, and not just that it is permissible to reproach them), even if they do not have any bad will. I argue that although the paradigmatic account of blameworthiness is based on quality of will, we can and should be willing to allow that there are non-paradigmatic cases. I argue that the zone of responsibility can be extended to include acts that we are not fully in control of, and acts whose moral status we are non-culpably ignorant about at the time of acting. This extension of responsibility happens through a voluntary taking of responsibility. I argue that there are certain conditions under which we should take responsibility, and that when we do so, we genuinely are responsible. (shrink)

I argue against the claim that morally ignorant wrongdoers are open to blame only if they are culpable for their ignorance, and I argue against a version of skepticism about moral responsibility that depends on this claim being true. On the view I defend, the attitudes involved in blame are typically responses to the features of an action that make it objectionable or unjustifiable from the perspective of the one who issues the blame. One important way that an (...) action can appear objectionable to us is that it expresses a judgment with which we disagree about the significance of the interests of those affected by the action. A morally ignorant wrongdoer’s actions may express such judgments even if it is not her fault that she is unaware of the moral status of her behavior, and even if it would be unreasonable to expect her to be aware of its status. (shrink)

It is a mistake to think that we cannot be morally responsible for forgetting because, as a matter of principle, forgetting is outside of our control. Sometimes we do have control over our forgetting. When forgetting is under our control there is no question that it is the proper object of praise and blame. But we can also be morally responsible for forgetting something when it is beyond our control that we forget that thing. The literature contains three accounts of (...) the blameworthiness of forgetting over which the agent has no control—the tracing account, the liberalized awareness condition, and attributionism. Even though these are competing accounts of the blameworthiness of harmful forgetting they are compatible with one another. In particular, it is possible to come up with a position that endorses the tracing account for certain kinds of harmful forgetting and attributionism for other kinds of harmful forgetting. (shrink)

Subjective rightness (or ‘ought’ or obligation) seems to be the sense of rightness that should be action guiding where more objective senses fail. However, there is an ambiguity between strong and weak senses of action guidance. No general account of subjective rightness can succeed in being action guiding in a strong sense by providing an immediately helpful instruction, because helpfulness always depends on the context. Subjective rightness is action guiding in a weaker sense, in that it is always accessible and (...) comprehensible to the agent. Hence traditional belief formulations say roughly, “do what you believe is best.” This is not yet a satisfactory formulation, because it cannot make sense of our ongoing subjective duty to improve our beliefs. The notion of ‘trying’ does capture the dynamic and diachronic nature of our subjective obligation. Thus, we should formulate subjective obligation in terms of trying: “try to do well by morality.”. (shrink)

It is commonly assumed that blameworthiness is epistemically constrained. If one lacks sufficient epistemic access to the fact that some action harms another, then one cannot be blamed for harming. Acceptance of an epistemic condition for blameworthiness can give rise to a worry, however: could agents ever successfully evade blameworthiness by deliberately stunting their epistemic position? I discuss a particularly worrisome version of such epistemic shirking, in which agents pre-emptively seek to avoid access to potentially morally relevant facts. As Roy (...) Sorensen and Jan Willem Wieland have argued, we seem to be faced with a potentially troubling regress when trying to explain what goes wrong in such situations. I argue that the solution to this so-called Shirker Problem is not to be found in complicated and demanding anti-shirking-principles with universal scope and potentially self-reflexive content. Instead, careful consideration of the necessary motivational make-up of genuine shirkers reveals their ignorance to lack the necessary depth to be exculpatory. Since shirkers by definition react to the possibility of the revelation of morally relevant facts with acts of epistemic self-limitation, they necessarily prove guilty of a form of culpable moral recklessness. Epistemic shirking thus does not pose a worrisome problem for ethical theory. (shrink)

Alasia Nuti’s important recent book, Injustice and the Reproduction of History: Structural Inequalities, Gender and Redress, makes many persuasive interventions. Nuti shows how structural injustice theory is enriched by being explicitly historical; in theorizing historical-structural injustice, she lays bare the mechanisms of how the injustices of history reproduce themselves. For Nuti, historical-structural patterns are not only shaped by habitual behaviors that are or appear to be morally permissible, but also by individual wrongdoing and wrongdoing by powerful group agents like states. (...) In this article, I extend Nuti’s rich analysis, focusing on two questions that arise from her theory of historical-structural injustice: Beyond being blameworthy for wrongful acts themselves, are culpable wrongdoers blameworthy for contributing to structural injustice? Does historical moral ignorance mitigate moral responsibility for past injustice? Regarding, I distinguish between the local and societal structural effects of wrongdoing. Though I think this distinction is well-founded, it ultimately leads to tensions with structural injustice theory’s idea of ordinary individuals being blameless for reproducing unjust structures. Regarding, I argue that even though it is natural for the question of historical moral ignorance to arise in considering past wrongdoing, at least in the case of powerful group agents, we should not overlook forms of cruelty which present-day moral concepts are not needed to condemn. (shrink)

An area of consensus in debates about culpability for ignorance concerns the importance of an agent’s epistemic situation, and the information available to them, in determining what they ought to know. On this understanding, given the excesses of our present epistemic situation, we are more culpable for our morally-relevant ignorance than ever. This verdict often seems appropriate at the level of individual cases, but I argue that it is over-demanding when considered at large. On the other hand, (...) when we describe an obligation to know that avoids over-demandingness at large, it fails to be sufficiently demanding in individual cases. The first half of this paper is dedicated to setting up this dilemma. In the second half, I show that it cannot be easily escaped. Finally, I suggest that this dilemma impedes our ability to morally appraise one another’s ignorance, and even our own. (shrink)

Quality of will accounts of moral responsibility hold that ill will is necessary for blameworthiness. But all such accounts are false to ordinary moral practice, which licenses blame for agents who act wrongly from epistemically unreasonable ignorance even if the act is not ill willed. This should be especially concerning to Strawsonians about moral responsibility, who think the genuine conditions of blameworthiness are derived from the standards internal to our practice. In response, I provide a theory of moral blameworthiness (...) on which ill will is not necessary for blameworthiness. On the view I defend, “Rational Capacitarianism,” agents are blameworthy whenever they act wrongly from an unreasonable attitude which is attributable to them, where an attitude is attributable to an agent just in case she has the capacity to assess reasons for and against the attitude and modulate the attitude in light of these assessments. Acting from unreasonable ignorance is just a special case of acting from an unreasonable attitude. My theory contrasts both with both quality of will accounts of blameworthiness and the Capacitarian view, which specifies that agents who act wrongly from ignorance are culpable if they could and should have known better. On Capacitarianism, a variety of awareness-relevant capacities are pertinent, including memory; on my view it is only failures of rational capacities that render the agent culpable, because only failures of rational capacities are attributable to the agent. (shrink)

After a regime-changing war, a state often engages in lustration—condemnation and punishment of dangerous, corrupt, or culpable remnants of the previous system—e.g., de-Nazification or the more recent de-Ba’athification in Iraq. This common practice poses an important moral dilemma for liberals because even thoughtful and nuanced lustration involves condemning groups of people, instead of treating each case individually. It also raises important questions about collective agency, group treatment, and rectifying historical injustices. Liberals often oppose lustration because it denies moral individualism (...) and ignores rule of law, and their only justifications for lustration are consequentialist ones. This article suggests that lustration may not necessarily be a problem for liberals. While group treatment might be justified on grounds of convenience and pragmatism in times of transitional justice, there are also valid moral arguments consistent with moral individualism and due process for wholesale group punishment after a war. This article offers four overlapping moral justifications, in a robust defense of the core concept of lustration that is covered by each argument. (shrink)

Thomas Hill famously argued that what really bothers us about environmental degradation is best discovered by asking “What kind of person would do such a thing?” Beliefs, some of which are blameworthy, are among the things that define what kind of person one is. What we care about is reflected in whether one’s epistemic practices align with one’s core moral convictions and common standards of decency. Our moral sensitivities are reflected in what we attend to and reflect upon. What we (...) do not notice can be a result of culpable indifference or self-deception. Environmental beliefs formed with negligent disregard for the risks they create for others are reflections of a vicious moral character. Beliefs of citizens have consequences. They determine what politicians will respond to and what policies they will introduce. Ideological commitments have been shown to influence what one takes to be the facts about risks. When the ethical dimensions of environmental beliefs and ignorance are unchallenged society drifts morally. Emphasizing the relationship between commonly shared moral convictions (more basic than ideological commitments) and risky environmental beliefs and actions has more potential to create environmental awareness than the current focus on environmental science and the economic benefits of better environmental policies. (shrink)

I address a foundational problem with accounts of the morality of war that are derived from the Just War Tradition. Such accounts problematically focus on ‘the moment of crisis’: i.e. when a state is considering a resort to war. This is problematic because sometimes the state considering the resort to war is partly responsible for wrongly creating the conditions in which the resort to war becomes necessary. By ignoring this possibility, JWT effectively ignores, in its moral evaluation of wars, certain (...) types of past wrongdoing. I argue that we can address this problem by incorporating an account of compensatory liability into an account of the morality of war. Doing so yields the view that, if we have culpably failed to compensate victims for past wrongs, we might be morally required to weigh the well-being of those victims more heavily in our calculation of proportionality when determining the permissibility of a defensive act that harms the victim as a side-effect. This, in turn, makes satisfying t. (shrink)

Social philosophers often invoke the concept of false consciousness in their analyses, referring to a set of evidence-resistant, ignorant attitudes held by otherwise sound epistemic agents, systematically occurring in virtue of, and motivating them to perpetuate, structural oppression. But there is a worry that appealing to the notion in questions of responsibility for the harm suffered by members of oppressed groups is victim-blaming. Individuals under false consciousness allegedly systematically fail the relevant rationality and epistemic conditions due to structural distortions of (...) reasoning or knowledge practices, undermining their status as responsible moral agents. But attending to the constitutive mechanisms and heterogeneity of false consciousness allows us to see how having it does not eo ipso render someone an inappropriate target of blame. I focus here on the 1889 anti-suffragist manifesto “An Appeal Against Female Suffrage,” arguing that its signatories, despite false consciousness, satisfy both conditions for ordinary blameworthiness. I consider three prominent signatories, observing that the irrationality characterisation is unsustainable beyond group-level diagnoses, and that their capacity to respond appropriately to reasons was not compromised. Following recent work on epistemic injustice, I also argue that culpable mechanisms constituted their false consciousness, rendering them blameworthy for the Appeal. (shrink)

Resources for Feminist Research, Vol. 3, No. 4, pp. 44-45, 1985 In this brief article, written in 1984 and published the following year, Lucinda Vandervort sets out a comprehensive agenda for enforcement of sexual assault laws in Canada. Those familiar with her subsequent writing are aware that the legal implications of the distinction between the “social” and “legal” definitions of sexual assault, identified here as crucial for interpretation and implementation of the law of sexual assault, are analyzed at length in (...) “Mistake of Law and Sexual Assault: Consent and Mens Rea” (1986), published at (1987-88) 2(2) Canadian Journal of Women and the Law, 233 309. In that article the author argued that most mistakes about consent are not mistakes about a “fact” that may sometimes negative mens rea, but are actually mistakes about the law that afford accused no excuse under either Canadian common law or statutory criminal law. She argued further that consent must be interpreted as “voluntary agreement” and must be affirmatively and unequivocally communicated in order to operate as an effective waiver of a person’s legal right to be free from interference with his or her bodily integrity. That article was a central reference point in the consultations leading to the 1992 amendments to the sexual assault provisions in the Canadian Criminal Code and in some key decisions by the Supreme Court of Canada in sexual assault cases in the 1990’s. As a result of a gradual transformation of theoretical analysis of the law of mens rea and consent in Canada, culpable awareness is now understood by many jurists and criminal law theorists quite differently than it was twenty-five years ago. As Vandervort acknowledged in her 1984 Agenda for Action, however, clarity in legal theory and legal doctrine is no guarantee of how sexual assault laws will operate in practice. Theory and practice, doctrine and its implementation, often diverge. This phenomenon is still seen in some decisions taken at the trial, pre-trial, and pre-charge stages in sexual assault cases. Police, prosecutors, and many trial judges, like accused, may often be influenced by traditional attitudes about sexual consent and mistaken about the law of consent. Accordingly, in her recent work Vandervort re-visits and re-examines the exercise of discretion by police, prosecutors, and the judiciary. An example is her 2009 article “Legal Subversion of the Criminal Justice Process? Judicial, Prosecutorial and Police Discretion in R. v. Edmondson, Kindrat and Brown” in Sexual Assault Law, Practice & Activism in a Post-Jane Doe Era, edited by Elizabeth Sheehy (Ottawa: University of Ottawa Press, 2012). In this and some of her other recent work, the distinctions between social and legal norms and questions of fact and law, previously analyzed with the objective of clarifying the law, are used to control the effects of social ignorance and partiality in the handling of sexual assault complaints by decision-makers in the criminal justice system at trial and pre-trial. Lucinda Vandervort’s published and unpublished legal and philosophical writings on sexual assault and sexual assault law illustrate the development of a socio-legal scholar’s “Agenda for Action” into a principled, pragmatic, open-ended exercise in “institutional design.” Across two centuries, from the revolutionary era of the 18th century to the present, other radical egalitarians would recognize both the impetus for the project and many features of the political and cultural resistance to it. (shrink)

A long line of epistemologists including Sosa (2021), Feldman (2002), and Chisholm (1977) have argued that, at least for a certain class of questions that we take up, we should (or should aim to) close inquiry iff by closing inquiry we would meet a unique epistemic standard. I argue that no epistemic norm of this general form is true: there is not a single epistemic standard that demarcates the boundary between inquiries we are forbidden and obligated to close. In short, (...) such norms are false because they are insensitive to the potentially ambitious epistemic goals that agents may permissibly bring to bear on an inquiry. Focusing particularly on knowledge-oriented versions of the norm, I argue that ignorance has a positive role to play in epistemic life by licensing prolonged inquiry into questions that we especially care about. (shrink)

Can agents rationally inquire into things that they know? On my view, the answer is yes. Call this view the Compatibility Thesis. One challenge to this thesis is to explain why assertions like “I know that p, but I’m wondering whether p” sound odd, if not Moore-Paradoxical. In response to this challenge, I argue that we can reject one or both premises that give rise to it. First, we can deny that inquiry requires interrogative attitudes. Second, we can deny the (...) ignorance norm, on which agents are not permitted to both know and have interrogative attitudes, such as wondering. I argue that there are compelling reasons to deny the former and reasons to question the latter. Both options pave the way for further work on further inquiry. (shrink)

I argue against the Standard View of ignorance, according to which ignorance is defined as equivalent to lack of knowledge, that cases of environmental epistemic luck, though entailing lack of knowledge, do not necessarily entail ignorance. In support of my argument, I contend that in cases of environmental luck an agent retains what I call epistemic access to the relevant fact by successfully exercising her epistemic agency and that ignorance and non-ignorance, contrary to what the (...) Standard View predicts, are not modal in the sense that knowledge is. After responding to objections, I conclude by sketching an alternative account of ignorance centered on the notions of epistemic access and epistemic agency. (shrink)

Many of our attitudes are non-culpable: there was nothing that we should have done to avoid holding them. I argue that we can still be blameworthy for non-culpable attitudes: they can impair our relationships in ways that make our full practice of apology and forgiveness intelligible. My argument poses a new challenge to indirect voluntarists, who attempt to reduce all responsibility for attitudes to responsibility for prior actions and omissions. Rationalists, who instead explain attitudinal responsibility by appeal to (...) reasons-responsiveness, can make sense of blameworthiness for non-culpable attitudes. In response, voluntarists could propose a revision of our actual practices. This would lead us into a quite different debate. (shrink)

What sort of epistemic positions are compatible with inquiries driven by interrogative attitudes like wonder and puzzlement? The ignorance norm provides a partial answer: interrogative attitudes directed at a particular question are never compatible with knowledge of the question’s answer. But some are tempted to think that interrogative attitudes are incompatible with weaker positions like belief as well. This paper defends that the ignorance norm is exhaustive. All epistemic positions weaker than knowledge directed at the answer to a (...) question are compatible with having an interrogative attitude towards that question. We offer two arguments for this conclusion. The first is based on considerations about the role of hedging in inquiry. The second is conditional on considerations related to the aim of inquiry as a goal-directed activity. (shrink)

The current literature on norms of inquiry features two families of norms: norms that focus on an inquirer’s ignorance and norms that focus on the question’s soundness. I argue that, given a factive conception of ignorance, it’s possible to derive a soundness-style norm from a version of the ignorance norm. A crucial lemma in the argument is that just as one can only be ignorant of a proposition if the proposition is true, so one can only be (...) ignorant with respect to a question if the question is sound. (shrink)

Actions that are intended to produce harmful consequences can fail to achieve their desired effects in numerous ways. We refer to action sequences in which harmful intentions are thwarted as deviant causal chains. The culpable control model of blame (CCM)is a useful tool for predicting and explaining the attributions that observers make of the actors whose harmful intentions go awry. In this paper, we describe six types of deviant causal chains; those in which: an actor’s attempt is obviated by (...) the intervention of another person or the environment; the intended effects could not have been produced regardless of the actor’s behavior; other causes diminish the actor’s causal role; the actor brings about foreseen but undesired consequences as a result of pursuing his or her focal goal; the focal action produces a chain of increasingly remote causal events; and the actor derives unforeseen benefits from his or her nefarious actions. A basic assumption of the CCM in these cases is that attributions for the participants’ actions will depend on positive and negative evaluations of their intentions and behaviors. We describe empirical findings that are consistent with this assumption, and predict other findings for causal deviance phenomena that have not yet been investigated empirically. (shrink)

Causation is one of philosophy's most venerable and thoroughly-analyzed concepts. However, the study of how ordinary people make causal judgments is a much more recent addition to the philosophical arsenal. One of the most prominent views of causal explanation, especially in the realm of harmful or potentially harmful behavior, is that unusual or counternormative events are accorded privileged status in ordinary causal explanations. This is a fundamental assumption in psychological theories of counterfactual reasoning, and has been transported to philosophy by (...) Hitchcock and Knobe (2009). A different view--the basis of the culpable control model of blame (CCM)--is that primary causal status is accorded to behaviors that arouse negative evaluative reactions, including behaviors that stem from nefarious motives, negligence or recklessness, a faulty character, or behaviors that lead to harmful or potentially harmful consequences. This paper describes four empirical studies that show consistent support for the CCM. (shrink)

Within debates concerning responsibility for ignorance the distinction between moral and factual ignorance is often treated as crucial. Many prominent accounts hold that while factual ignorance routinely exculpates, moral ignorance never does so. The view that there is an in-principle distinction between moral and factual ignorance has been referred to as the “Asymmetry Thesis.” This view stands in opposition to the “Parity Thesis,” which holds that moral and factual ignorance are in-principle similar. The Parity (...) Thesis has been closely aligned with volitionist accounts of moral responsibility, whereas the Asymmetry Thesis has been closely aligned with Quality of Will accounts. Two central questions are at work here: how ignorance excuses, and whether it excuses in the same way for both moral and factual ignorance. I will argue that these questions have often been confused in the present debate, and once we have distinguished more clearly between them, it seems that Quality of Will accounts are compatible with the Parity Thesis. And more generally: that the distinction between moral and factual ignorance is far less important in debates about responsibility for ignorance than it has often appeared. (shrink)

Apology is arguably the central act of the reparative work required after wrongdoing. Claudia Card’s (1940-2015) analysis of complicity in collectively perpetrated evils moves one to ask whether apology ought to be requested of persons culpably complicit in institutional evils. To better appreciate the benefits of and barriers to apologies offered by culpably complicit wrongdoers, this article examines doctors’ complicity in a practice that meets Card’s definition of an evil, namely, the non-medically necessary, nonconsensual “normalizing” interventions performed on babies born (...) with intersex anatomies. It argues that in this instance, the complicity of doctors is culpable on Card’s terms, and that their culpable complicity grounds rightful demands for them to apologize. (shrink)

Crime and Culpability, by Larry Alexander, Kimberly Kessler Ferzan (with Stephen Morse) is a visionary work of moral and legal philosophy. Nonetheless, it is fundamentally morally misguided. In seeking to free criminal law from what the authors take to be the distorting influence of outcome luck, they arrive at a position that is overly exculpatory. It fails to hold actors liable for the harms they cause when they have taken less care they should. -/- I argue, first, that the authors’ (...) attempt to strip criminal law of outcome luck is incoherent in its own terms, and that any attempt to follow through on their program would require a much more severe loss of accountability than the authors acknowledge. I then argue that outcome luck is pervasive in our moral lives, and that, given the choice of (a) not being able to hold agents accountable for much, or (b) holding them accountable for the results of their choices, including outcomes that result in part from moral luck, the right choice is (b). I wrap up with a concluding observation about the implausible moral psychology that underlies the authors’ view of culpable action. (shrink)

In this paper I discuss various hard cases that an account of moral ignorance should be able to deal with: ancient slave holders, Susan Wolf’s JoJo, psychopaths such as Robert Harris, and finally, moral outliers. All these agents are ignorant, but it is not at all clear that they are blameless on account of their ignorance. I argue that the discussion of this issue in recent literature has missed the complexities of these cases by focusing on the question (...) of epistemic fault. It is not clear that all blameworthy morally ignorant agents have committed an epistemic fault. There are other important issues that pull us in various directions: moral capacity, bad will, and formative circumstances. I argue that bad will is what is crucial, and moral ignorance itself can be a form of bad will. I argue that we should distinguish between two sorts of bad will, and correspondingly, two sorts of blameworthiness. Ordinary blameworthiness, requires moral knowledge, and is based on akratic action. The other kind of blameworthiness, objective blameworthiness, applies when the agent is morally ignorant, and when this indicates bad will. Objective blameworthiness can be undermined by unfortunate formative circumstances. (shrink)

Knowledge implies the presence of a positive relation between a person and a fact. Factual ignorance, on the other hand, implies the absence of some positive relation between a person and a fact. The two most influential views of ignorance hold that what is lacking in cases of factual ignorance is knowledge or true belief, but these accounts fail to explain a number of basic facts about ignorance. In their place, we propose a novel and systematic (...) defense of the view that factual ignorance is the absence of awareness, an account that both comes apart from the dominant views and overcomes their deficiencies. Given the important role that ignorance plays in moral and legal theory and our understanding of various epistemic injustices, a precise and theoretically unproblematic account of the nature of ignorance is important not only for normative epistemology, but also for law, ethics, and applied epistemology. (shrink)

According to certain normative theories in epistemology, rationality requires us to be logically omniscient. Yet this prescription clashes with our ordinary judgments of rationality. How should we resolve this tension? In this paper, I focus particularly on the logical omniscience requirement in Bayesian epistemology. Building on a key insight by Hacking :311–325, 1967), I develop a version of Bayesianism that permits logical ignorance. This includes: an account of the synchronic norms that govern a logically ignorant individual at any given (...) time; an account of how we reduce our logical ignorance by learning logical facts and how we should update our credences in response to such evidence; and an account of when logical ignorance is irrational and when it isn’t. At the end, I explain why the requirement of logical omniscience remains true of ideal agents with no computational, processing, or storage limitations. (shrink)

The psychological literature now differentiates between two types of psychopath:successful (with little or no criminal record) and unsuccessful (with a criminal record). Recent research indicates that earlier findings of reduced autonomic activity, reduced prefrontal grey matter, and compromised executive activity may only be true of unsuccessful psychopaths. In contrast, successful psychopaths actually show autonomic and executive function that exceeds that of normals, while having no difference in prefrontal volume from normals. We argue that many successful psychopaths are legally responsible for (...) their actions, as they have the executive capacity to choose not to harm (and thus are legally rational). However, many unsuccessful psychopaths have a lack of executive function that should at least partially excuse them from criminal culpability. Although a successful psychopath's increased executive function may occur in conflict with, rather than in consonance with their increased autonomic activity - producing a cognitive style characterized by self deception and articulate-sounding, but unsound reasoning - they may be capable of recognizing and correcting their lack of autonomic data, and thus can be held responsible. (shrink)

According to internalism about rationality, the ir/rationality of a subject depends only on how things appear from her subjective perspective. According to culpabilism, rationality is a normative standard such that violations of rationality are (at least sometimes) blameworthy. According to a classical line of reasoning, culpabilism entails internalism. I argue that, to the contrary, culpabilism entails that internalism is false. The internalist cannot accommodate the possibility of culpable irrationality.

The goal of the present paper is to construct a formal explication of the pluralistic ignorance explanation of the bystander effect. The social dynamics leading to inaction is presented, decomposed, and modeled using dynamic epistemic logic augmented with ‘transition rules’ able to characterize agent behavior. Three agent types are defined: First Responders who intervene given belief of accident; City Dwellers, capturing ‘apathetic urban residents’ and Hesitators, who observe others when in doubt, basing subsequent decision on social proof. It is (...) shown how groups of the latter may end in a state of pluralistic ignorance leading to inaction. Sequential models for each agent type are specified, and their results compared to empirical studies. It is concluded that only the Hesitator model produces reasonable results. (shrink)

A minimally responsible threatener is someone who bears some responsibility for imposing an objectively wrongful threat, but whose responsibility does not rise to the level of culpability. Minimally responsible threateners include those who knowingly commit a wrongful harm under duress, those who are epistemically justified but mistaken in their belief that a morally risky activity will not cause a wrongful harm, and those who commit a harm while suffering from a cognitive impairment which makes it prohibitively difficult to recognize and (...) act on what is morally required of them. The chapter argues that minimally responsible threateners can indeed be morally liable for the harms they impose. Put differently, culpability is not a necessary basis for liability. (shrink)

Ignorance is commonly assumed to be a lack of knowledge in Plato’s Socratic dialogues. I challenge that assumption. In the Protagoras, ignorance is conceived to be a substantive, structural psychic flaw—the soul’s domination by inferior elements that are by nature fit to be ruled. Ignorant people are characterized by both false beliefs about evaluative matters in specific situations and an enduring deception about their own psychic conditions. On my interpretation, akrasia, moral vices, and epistemic vices are products or (...) forms of ignorance, and a person who lacks knowledge is not necessarily ignorant. (shrink)

This paper addresses whether the often-bemoaned loss of unity of knowledge about humans, which results from the disciplinary fragmentation of science, is something to be overcome. The fragmentation of being human rests on a couple of distinctions, such as the nature-culture divide. Since antiquity the distinction between nature (roughly, what we inherit biologically) and culture (roughly, what is acquired by social interaction) has been a commonplace in science and society. Recently, the nature/culture divide has come under attack in various ways, (...) in philosophy as well as in cultural anthropology. Regarding the latter, for instance, the divide was quintessential in its beginnings as an academic dis-cipline, when Alfred L. Kroeber, one of the first professional anthropologists in the US, rallied for (what I call) the right to ignore—in his case, human nature—by adopting a separationist epistemic stance. A separationist stance will be understood as an epistemic research heuristic that defends the right to ignore a specif-ic phenomenon (e.g., human nature) or a specific causal factor in an explanation typical for a disciplinary field. I will use Kroeber’s case as an example for making a general point against a bias towards integration (synthesis bias, as I call it) that is exemplified, for instance, by defenders of evolutionary psychology. I will claim that, in principle, a separationist stance is as good as an integrationist stance since both can be equally fruitful. With this argument from fruitful sepa-ration in place, not just the separationist stance but also the nature/culture di-vide can be defended against its critics. (shrink)

I articulate and defend a principle governing enforcement rights in response to a non‐culpable non‐just rights‐intrusion (e.g., wrongful bodily attack by someone who falsely, but with full epistemic justification, believes that he is acting permissibly). The account requires that the use of force reduce the harm from such intrusions and is sensitive to the extent to which the intruder is agent‐responsible for imposing intrusion‐harm.

It has recently been argued that a person’s moral judgments (about both their own and others’ actions) are constrained by the nature and extent of their relevant ignorance and, thus, that such judgments are determined in the first instance by the person’s epistemic circumstances. It has been argued, in other words, that the epistemic is logically prior to other normative (e.g., ethical, prudential, pecuniary) considerations in human decision-making, that these other normative considerations figure in decision-making only after (logically and (...) temporally) relevant ignorance has constrained the decision-maker’s menu of options. If this is right, then a person’s moral judgments in some set of circumstances should vary with their knowledge and ignorance of these circumstances. In this study, we test the hypothesis of the logical priority of the epistemic. We describe two experiments in which subjects’ knowledge and ignorance of relevant consequences were manipulated. In the second experiment, we also compared the effect of ignorance on moral judgments with that of personal force, a factor previously shown to influence moral judgments. We found broad empirical support for the armchair arguments that epistemic considerations are logically prior to normative considerations. (shrink)

Sometimes someone does something morally wrong in clear-eyed awareness that what she is doing is wrong. More commonly, a wrongdoer fails to see that her conduct is wrong. Call the latter behavior unwitting wrongful conduct. It is generally agreed that an agent can be blameworthy for such conduct, but there is considerable disagreement about how one’s blameworthiness in such cases is to be explained, or what conditions must be satisfied for the agent to be blameworthy for her conduct. Many theorists (...) hold that an agent’s blameworthiness for unwitting wrongful conduct must stem from—or trace back to—her blameworthiness for something else. And appeals to tracing in these cases lead some writers to a highly revisionist view, on which people are blameworthy for wrongdoing much less often than we ordinarily think (and our mistake, unfortunately, isn’t about how much wrongdoing there is). In this chapter, I set out the main claims of an argument for such a view and respond to it. I offer grounds for retaining a good many of the judgments that the revisionist would have us reject. The defense rests to a significant extent on commonsense views about the psychological capacities and abilities to act that people ordinarily possess, views that, as far as I can tell, revisionists have not shown to be mistaken. (shrink)