Can judging that an agent blamelessly broke a rule lead us to claim, paradoxically, that no rule was broken at all? Surprisingly, it can. Across seven experiments, we document and explain the phenomenon of excuse validation. We found when an agent blamelessly breaks a rule, it significantly distorts people’s description of the agent’s conduct. Roughly half of people deny that a rule was broken. The results suggest that people engage in excuse validation in order to avoid indirectly blaming others for (...) blameless transgressions. Excuse validation has implications for recent debates in normative ethics, epistemology and the philosophy of language. These debates have featured thought experiments perfectly designed to trigger excuse validation, inhibiting progress in these areas. (shrink)

Can moral ignorance excuse? This chapter argues that philosophical debate of this question has been based on a mistaken assumption: namely that excuses are all-or-nothing affairs; to have an excuse is to be blameless. The chapter argues that we should reject this assumption. Excuses are not binary but gradable: they can be weaker or stronger, mitigating blame to greater or lesser extent. This chapter explores the notions of strength of excuses, blame miti- gation and the relationship between (...) excuses and moral responsibility. These ideas open up some principled middle-ground between the two positions staked out in the literature. Moral ignorance may well excuse but it does not exculpate. (shrink)

The New Evil Demon problem has been hotly debated since the case was introduced in the early 1980’s (e.g. Lehrer and Cohen 1983; Cohen 1984), and there seems to be recent increased interest in the topic. In a forthcoming collection of papers on the New Evil Demon problem (Dutant and Dorsch, forthcoming), at least two of the papers, both by prominent epistemologists, attempt to resist the problem by appealing to the distinction between justification and excuses. My primary aim here (...) is to critically evaluate this new excuse maneuver as a response to the New Evil Demon problem. -/- Their response attempts to give us reason to reject the idea that victims of the New Evil Demon have justification for believing as they do. I shall argue that this approach is ultimately unsuccessful, however much of value can be learned from these attempts. In particular, progress in the debate can be made by following those who advance the excuse maneuver and make explicit the connection between epistemic justification and epistemic norms. By doing so, the questions being debated are clarified, as is the methodology being used to attempt to answer them. (shrink)

Most business ethicists maintain that corporate actors are subject to a variety of moral obligations. However, there is a persistent and underappreciated concern that the competitive pressures of the market somehow provide corporate actors with a far-reaching excuse from meeting these obligations. Here, we assess this concern. Blending resources from the history of philosophy and strategic management, we demonstrate the assumptions required for and limits of this excuse. Applying the idea of ‘the state of nature’ from Thomas Hobbes, we suggest (...) that corporate actors would be excused from duties if complying with them threatened their vital interests. We show how this excuse is not available for most individuals within firms; instead, it is an excuse perhaps available to firms themselves, but only given substantive assumptions about corporate personhood. For those willing to make these assumptions, we apply the competitive advantage construct to delimit the scope of this excuse. We suggest that firms are excused from fulfilling an obligation when complying leads to a competitive disadvantage, as this imperils the firm’s vital interests. After revealing why this excuse does not generalize, we conclude by considering when we should reform the market to avoid the legitimacy of this excuse. (shrink)

If someone unintentionally breaks the rules, do they break the rules? In the abstract, the answer is obviously “yes.” But, surprisingly, when considering specific examples of unintentional, blameless rule-breaking, approximately half of people judge that no rule was broken. This effect, known as excuse validation, has previously been observed in American adults. Outstanding questions concern what causes excuse validation, and whether it is peculiar to American moral psychology or cross-culturally robust. The present paper studies the phenomenon cross-culturally, focusing on Korean (...) and American adults, and proposes a new explanation of why people engage in excuse validation, in terms of competing forces in human norm-psychology. The principal findings are that Americans and Koreans engaged in excuse validation at similar levels, and older adults were more likely to engage in excuse validation. (shrink)

Pacifism is the view that necessarily, the nonconsensual harming of pro tanto rights-bearers is all-things-considered morally impermissible. Critics of pacifism frequently point to common moral intuitions about self-defenders and other-defenders as evidence that pacifism is false and that self- and other-defense are often morally justified. I call this the Justification View and defend its rival, the Excuse View. According to the latter, a robust view of moral excuse adequately explains the common moral intuitions invoked against pacifism and is compatible with (...) pacifism. The paper proceeds in five steps. First, I identify ten intuitive data points that require explanation. Second, I introduce the justification/excuse distinction. Third, I demonstrate the Excuse View’s equal explanatory power with respect to the intuitive data. Fourth, I defend the Fair Use Principle: When evaluating the plausibility of rival theories J and E, the use of datum d’s full intuitive force against E and for J is epistemically permissible only if (i) d is better explained by J than E and (ii) no intuitive components of d are equally well-explained by E. Finally, I conclude that the conjunction of pacifism and the Excuse View renders the intuitive defense of the Justification View largely moot, and that this is a substantial victory for pacifism. (shrink)

Excuses are commonplace. Making and accepting excuses is part of our practice of holding each other morally responsible. But excuses are also curious. They have normative force. Whether someone has an excuse for something they have done matters for how we should respond to their action. An excuse can make it appropriate to forgo blame, to revise judgments of blameworthiness, to feel compassion and pity instead of anger and resentment. The considerations we appeal to when making (...) class='Hi'>excuses are a motley bunch: tiredness, stress, a looming work deadline, a wailing infant, poverty, duress, ignorance. What unifies these various considerations as a class? In virtue of what can they all excuse? And what does their normative force consist in? This paper aims to develop a unified account of excuses: what they are and what they do. In a nutshell, I argue that excuses are considerations that show that an agent’s wrongdoing does not manifest a specific motivational failing: namely, the lack of a morally adequate present-directed intention. What do excuses do? I suggest that they function as responsibility-modifiers. They alter how the wrongdoer, the wronged party, bystanders may morally respond to a wrong, without negating that it remains appropriate to respond in some way. (shrink)

The typical epistemology course begins with a discussion of the distinction between justification and knowledge and ends without any discussion of the distinction between justification and excuse. This is unfortunate. If we had a better understanding of the justification-excuse distinction, we would have a better understanding of the intuitions that shape the internalism-externalism debate. My aims in this paper are these. First, I will explain how the kinds of excuses that should interest epistemologists exculpate. Second, I will explain why (...) the intuitions that underwrite the new evil demon argument don't provide support for the internalist claim that justification is just in the head. The positive response that Cohen's example elicits is an indication that the subject should be excused if she violates an epistemic norm, not an indication that no norm has been violated. For just about any conceivable norm we can think of we can imagine situations in which someone violates that norm because they're moved by evidence that misleadingly suggests that they'd conform to it. When that happens, we'll respond positively in just the way we do when we consider Cohen's deceived subjects. When that happens, we cannot say that the subjects' responses were justified because we've stipulated that the subjects' responses contravene the relevant norms. Regardless of whether you think of norms along internalist or externalist lines, you should see that the intuitions that underwrite the new evil demon objection tell us nothing at all about whether a subject conforms to a norm. They tell us nothing about justification. (shrink)

While epistemologists have long debated what it takes for beliefs to be justified, they've devoted much less collective attention to the question of what it takes for beliefs to be excused, and how excuses differ from justifications. This stands in contrast to the state of affairs in legal scholarship, where the contrast between justifications and excuses is a standard topic in introductory criminal law textbooks. My goal in this paper is to extract some lessons from legal theory for (...) epistemologists seeking to distinguish epistemic justifications from epistemic excuses. First, I'll provide a brief overview of appeals to the justification/excuse distinction in epistemology, focusing on the internalism/externalism debate. Then, I'll identify some choice points in legal theory for how to think about the function of the justification/excuse distinction, and will in turn correspond to analogous choice points in epistemology. Ultimately, I'll argue that depending on which way we go at some crucial junctures, we can motivate either a traditional, non‐factive, internalist conception of justification, or a purely factive one where truth is all that's required for a belief to be justified. But there's no clear path, via legal theory, to view that only beliefs that amount to knowledge are justified. (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)

Since the publication of Timothy Williamson’s Knowledge and its Limits, knowledge-first epistemology has become increasingly influential within epistemology. This paper discusses the viability of the knowledge-first program. The paper has two main parts. In the first part, I briefly present knowledge-first epistemology as well as several big picture reasons for concern about this program. While this considerations are pressing, I concede, however, that they are not conclusive. To determine the viability of knowledge-first epistemology will require philosophers to carefully evaluate the (...) individual theses endorsed by knowledge-first epistemologists as well as to compare it with alternative packages of views. In the second part of the paper, I contribute to this evaluation by considering a specific thesis endorsed by many knowledge-first epistemologists – the knowledge norm of assertion. According to this norm, roughly speaking, one should assert that p only if one knows that p. I present and motivate this thesis. I then turn to a familiar concern with the norm: In many cases, it is intuitively appropriate for someone who has a strongly justified belief that p, but who doesn't know that p, to assert that p. Proponents of the knowledge norm of assertion typically explain away our judgments about such cases by arguing that the relevant assertion is improper but that the subject has an excuse and is therefore not blameworthy for making the assertion. I argue that that this response does not work. In many of the problem cases, it is not merely that the subject’s assertion is blameless. Rather, the subject positively ought to make the assertion. Appealing to an excuse cannot be used to adequately explain this fact. (Nor can we explain this fact by appealing to some other, quite different, consideration.) Finally, I conclude by briefly considering whether we should replace the knowledge norm of assertion with an alternative norm. I argue that the most plausible view is that there is no norm specifically tied to assertion. (shrink)

According to J=K, only beliefs that qualify as knowledge are epistemically justified. Traditionalists about justification have objected to this view that it predicts that radically deceived subjects do not have justified beliefs, which they take to be counter-intuitive. In response, proponents of J=K have argued that traditionalists mistake being justified with being excused in the relevant cases. To make this response work, Timothy Williamson has offered a dispositional account of excuse which has recently been challenged by Jessica Brown. She has (...) presented cases in which Williamson’s account excuses subjects believing things in an epistemically reckless fashion. To steer clear of Brown’s counterexamples, I argue for a modification of Williamson’s account that employs a more fine-grained notion of the dispositions involved. (shrink)

In Fallibilism: Evidence and Knowledge, Jessica Brown identifies a number of problems for the so-called knowledge view of justification. According to this view, we cannot justifiably believe what we do not know. Most epistemologists reject this view on the grounds that false beliefs can be justified if, say, supported by the evidence or produced by reliable processes. We think this is a mistake and that many epistemologists are classifying beliefs as justified because they have properties that indicate that something should (...) be excused. Brown thinks that previous attempts to make this case have been unsuccessful. While the difficulties Brown points to are genuine, I think they show that attempts to explain a classificatory judgment haven't been successful. Still, I would argue that the classification is correct. We need a better explanation of this classificatory judgment. I will try to clarify the justification-excuse distinction and explain why it's a mistake to insist that beliefs that violate epistemic norms might be justified. Just as it's possible for a rational agent to act without justification in spite of her best intentions, it's possible that a rational thinker who follows the evidence and meets our expectations might nevertheless believe without sufficient justification. If our justified beliefs are supposed to guide us in deciding what to do, we probably should draw on discussions from morality and the law about the justification/excuse distinction to inform our understanding of the epistemic case. (shrink)

On the classical understanding, an agent is fully excused for an action if and only if performing this action was a case of faultless wrongdoing. A major motivation for this view is the apparent existence of paradigmatic types of excusing considerations, affecting fault but not wrongness. I show that three such considerations, ignorance, duress and compulsion, can be shown to have direct bearing on the permissibility of actions. The appeal to distinctly identifiable excusing considerations thus does not stand up to (...) closer scrutiny, undermining the classical view and giving us reason to seek alternative ways of drawing the justification/excuse distinction. (shrink)

Blameless norm violation in young children is an underexplored phenomenon in epistemology. An understanding of it is important for accounting for the full range of normative standings at issue in debates about epistemic norms, and the internalism-externalism debate generally. More specifically, it is important for proponents of factive epistemic norms. I examine this phenomenon and put forward a positive proposal. I claim that we should think of the normative dimension of certain actions and attitudes of young children in terms of (...) a kind of “prospective agency”. I argue that the most sophisticated account of exculpatory defenses in epistemology – due to Clayton Littlejohn – does not provide an adequate model for exculpatory defenses of prospective agents. The aim is not primarily to challenge Littlejohn. Rather, I engage with his framework as a way of setting up my positive proposal. I call it the “heuristic model”. (shrink)

Pamela Hieronymi has authored a very insightful book that focuses on one of the most influential articles in 20th century philosophy: P. F. Strawson’s ‘Freedom and Resentment’ (1962). Hieronymi’s principal objective in Freedom, Resentment, and the Metaphysics of Morals is to reconstruct and evaluate the central argumentative strategy in Strawson’s essay. The author’s aim is ‘to show that it can withstand the objections that are both the most obvious and the most serious, leaving it a worthy contender’ (3). In the (...) present commentary, I summarize the main results of Hieronymi’s analysis. I engage with the book’s main themes, noting in due course certain unclarities and some shortcomings, while emphasizing the many valuable insights it offers. (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 Article, I will argue that a person may be deserving of criminal punishment even in certain situations where she is not necessarily morally responsible for her criminal act. What these situations share in common are two things: the psychological factors that motivate the individual’s behavior are environmentally determined and her crime is serious, making her less eligible for sympathy and therefore less likely to be acquitted. -/- To get to this conclusion, I will proceed in four steps. In (...) Part II, I will offer the first two of these steps. First, I will argue that our foundational assumption that moral responsibility is necessary for just blame and punishment is not self-evident and is actually rather difficult to explain and justify. Second, I will offer an explanation and justification that appeals to our moral psychology. Specifically, I will argue that we subscribe to this assumption ultimately because we sympathize with agents who lack responsibility for their actions. -/- Third, in Part IV, I aim to show that even if moral responsibility is not conceptually — only “emotionally” — necessary for just blame and punishment, the traditionally recognized criminal excuses are not at risk because, contrary to popular wisdom, they do not really rely on this assumption to begin with. Instead, they stand less for the metaphysical proposition that we should refrain from blaming and punishing the non-responsible and more for the normative/ethical proposition that we should refrain from blaming and punishing those whom we cannot reasonably expect to have acted better. I will further argue that the latter proposition does not necessarily reduce to the former. -/- Fourth, once I have defended my account of the excuses, I will question in Parts V and VI the increasingly popular notion that we should add certain conditions or circumstances to the list of recognized excuses. I will focus on one in particular — the psychological theory of “situationism” — and will argue that, despite its initial plausibility, it should be kept off the list. While situationism arguably does negate moral responsibility, it does not negate criminal responsibility. -/- Of course, this is a controversial point. Criminal responsibility is almost universally thought to require moral responsibility. But in a previous article, "Dangerous Psychopaths: Criminally Responsible But Not Morally Responsible, Subject to Criminal Punishment And to Preventive Detention," 48 San Diego L. Rev. 1299, I used personality psychology to drive a wedge between the two. In this article, I will use the opposite end of the psychological spectrum — social psychology — to drive the same important wedge. (shrink)

Arguably, the original conception of epistemic justification comes from Descartes and Locke, who thought of justification deontologically. Moreover, their deontological conception was especially strict: there are no excuses for unjustified beliefs. Call this the “classical deontologist” conception of justification. As the original conception, we ought to accept it unless proven untenable. Nowadays, however, most have abandoned classical deontologism as precisely that—untenable. It stands accused of requiring doxastic voluntarism and normative transparency. My goal is to rescue classical deontologism from these (...) accusations. I show how, given a specific form of internalism coupled with a plausible theory of epistemic blame, we can be blameworthy for all of our (non-exempt) unjustified beliefs without transparency or voluntarism. The result is that the classical deontological conception of justification should regain its privileged status. (shrink)

Pragmatic vindicatory genealogies provide both a cause and a rationale and can thus affect the space of reasons. But how far is the space of reasons affected by this kind of genealogical argument? What normative and evaluative implications do these arguments have? In this paper, I unpack this issue into three different sub-questions and explain what kinds of reasons they provide, for whom are these reasons, and for what. In relation to this final sub-question I argue, most importantly, that these (...) arguments are ambiguous about what they give us reasons for, meaning that they can be interpreted both as justifications for recognizing the normative standing of certain norms, values, and practices - and thus for living by them - and as excuses for those that do so. I illustrate this point by reference to the genealogical vindication of honour cultures, showing how the vindicatory argument can illuminate such case as one of excusing moral ignorance. Drawing on legal theory and moral philosophy, I show that different evaluative and normative implications hang on the result of the interpretation as either justification or excuse, and show that this ambiguity is a virtue rather than a limitation. (shrink)

In ‘Excusing Mistakes of Law’, Gideon Yaffe sets out to ‘vindicate’ the claim ‘that mistakes of law never excuse’ by ‘identifying the truth that is groped for but not grasped by those who assert that ignorance of law is no excuse’. Yaffe does not offer a defence of the claim that mistakes of law never excuse. That claim, Yaffe argues, is false. Yaffe’s article is, rather, an effort to assess what plausible thought might be behind the idea that mistakes of (...) law often should not excuse. (Yaffe is interested in more than just the descriptive claim that in Anglo-American legal jurisdictions mistakes of law routinely do not, in fact, excuse.) More particularly, Yaffe is interested in what plausible normative justification there might be for this asymmetric pattern: -/- Asymmetry: False beliefs about non-legal facts often excuse, but false beliefs about the law rarely excuse. -/- Yaffe offers a complex argument in support of Asymmetry. This paper is organised around my reconstruction of Yaffe’s argument. I argue that Yaffe’s argument does not succeed, but that his argument provides a template for an argument that could succeed. (shrink)

The paper critically examines recent work on justifications and excuses in epistemology. I start with a discussion of Gerken’s claim that the “excuse maneuver” is ad hoc. Recent work from Timothy Williamson and Clayton Littlejohn provides resources to advance the debate. Focusing in particular on a key insight in Williamson’s view, I then consider an additional worry for the so-called excuse maneuver. I call it the “excuses are not enough” objection. Dealing with this objection generates pressure in two (...) directions: one is to show that excuses are a positive enough normative standing to help certain externalists with important cases; the other is to do so in a way that does not lead back to Gerken’s objection. I show how a Williamson-inspired framework is flexible enough to deal with both sources of pressure. Perhaps surprisingly, I draw on recent virtue epistemology. (shrink)

When explaining human actions, people usually focus on a small subset of potential causes. What leads us to prefer certain explanations for valenced actions over others? The present studies indicate that our moral attitudes often predict our explanatory preferences far better than our beliefs about how causally sensitive actions are to features of the actor's environment. Study 1 found that high-prejudice participants were much more likely to endorse non-agential explanations of an erotic same-sex encounter, such as that one of the (...) men endured a stressful event earlier that day. Study 2 manipulated participants' beliefs about how the agent's behavior depended on features of his environment, finding that such beliefs played no clear role in modeling participants' explanatory preferences. This result emerged both with low- and high-prejudice, US and Indian participants, suggesting that these findings probably reflect a species-typical feature of human psychology. Study 3 found that moral attitudes also predicted explanations for a woman's decision to abort her pregnancy (3a) and a person's decision to convert to Islam (3b). Study 4 found that luck in an action's etiology tends to undermine perceptions of blame more readily than perceptions of praise. Finally, Study 5 found that when explaining support for a rival ideology, both Liberals and Conservatives downplay agential causes while emphasizing environmental ones. Taken together, these studies indicate that our explanatory preferences often reflect a powerful tendency to represent agents as possessing virtuous true selves. Consequently, situation-focused explanations often appear salient because people resist attributing negatively valenced actions to the true self. There is a person/situation distinction, but it is normative. (shrink)

Standpoint theorists have long been clear that marginalization does not make better understanding a given. They have been less clear, though, that social dominance does not make ignorance a given. Indeed, many standpoint theorists have implicitly committed themselves to what I call the strong epistemic disadvantage thesis. According to this thesis, there are strong, substantive limits on what the socially dominant can know about oppression that they do not personally experience. I argue that this thesis is not just implausible but (...) politically pernicious; it is an excuse for ignorance and silence that stifles our ability to address many injustices. Moreover, I argue that if we are to avoid lending support to the SEDT while working within a standpoint theory framework, we must hold that the socially dominant can achieve marginalized standpoints. So, we must hold that men can achieve feminist standpoints, that white women (and men) can achieve black feminist standpoints, and so on. (shrink)

The African continent has played host to various colonizers from the western world. Most of these countries have negative tales of the activities of the colonizers before independence as well as their neo-colonizing activities after independence. On this basis, it is axiomatic for most African scholars to impute the guilt of African woes to the activities of the colonizers. They consider the whole gamut of colonial legacies in Africa as a doom and a problem to the African continent. Some of (...) the scholars compared the relationship between the Africans and their colonizers in terms of father-son relationship where a father gives the son ‘poison rather than a fish’. This paper accepts the fact that the colonizers were involved and are still involved in some activities that are detrimental to African development but rejects the position that the colonizers are entirely the problem. This paper in fact, posits that the greater problems militating against the proper development of the African continent are traceable to Africans themselves. It gives a verdict that Africans as human beings like the colonizers have the freedom to take control of their events and take the responsibility for their actions instead of imputing blame to others. Key words: Africa, colonizers, freedom, responsibility . (shrink)

The inability thesis holds that one’s culture determines behavior and can make one unable to comply with the law and therefore less deserving of punishment. Opponents of the thesis reject the view that humans are made physically unable to act certain ways by their cultural upbringing. The article seeks to help evaluate the inability thesis by pointing to a literature in cultural psychology and anthropology presenting empirical evidence of the influence of culture on behavior, and offering conceptual analysis of the (...) concept of determinism and its connection to moral culpability. Without conceding that culture never determines behavior, I argue that opponents of the inability thesis err in drawing a moral implication from this premise. What matters in formulating moral judgments about punishment are not the possibility but the reasonability of complying with the law. Cultural influences may make an action reasonable that without similar cultural influences would be unreasonable. (shrink)

The Polluter Pays Principle (PPP) states that polluters should bear the burdens as- sociated with their pollution. This principle has been highly contested because of the pu- tative impossibility of considering individuals morally responsible for an important amount of their emissions. For the PPP faces the so-called excusable ignorance objec- tion, which states that polluters were for a long time non-negligently ignorant about the negative consequences of greenhouse gas emissions and, thus, cannot be considered morally responsible for their negative consequences. (...) This paper focuses on the concept of moral responsibility as it appears in the excusable ignorance objection. I claim that this objection stems from a narrow notion of moral responsibility and that a more fundamen- tal notion of moral responsibility would pave the way to overcome it. I show that it should be out of the question whether historical polluters should bear some burdens asso- ciated with climate change because of their historical emissions. The relevant question is which kind of burdens they can legitimately be asked to bear. I argue that this notion of moral responsibility allows us to assign burdens of symbolic reparation, which are at the core of ‘Loss and Damage’ policies. (shrink)

In my replies to some of my critics I argue that while the practice of terrorism is never justified, I concede that it is rarely but sometimes excused. As result, those who engage in excusable terrorism has a substantial burden of proof. They need to offer a compelling argument to show that the harm caused by their terrorist violence is actually excused by the extenuating circumstances and the goal that they are trying to achieve, so they will not be morally (...) or legally blameworthy for bringing about such harm. I am assuming that they will need to demonstrate that the alleged harm is excusable because it is necessary to accomplish a worthy goal and there is no other reasonable way to obtain such a worthy goal without deliberately harming those who can be reasonably conceived of as impeccably or objectively innocent. That is, those who are innocent beyond reasonable doubt. (shrink)

In this paper I will discuss two aspects of ignorance of the law: ignorance of illegality (including mistaking the law) and ignorance of the penalty; and I will look at the implications for natives, for tourists and for immigrants. I will argue that Carlos Nino's consensual theory of punishment need to rely on two premises in order to justify that (claiming) ignorance of the law is no excuse. The first premise explains why individuals are presumed to 'know' current laws. The (...) second premise explains why individuals are presumed to 'know' new legislation. (shrink)

Cases of reasonable, mistaken belief figure prominently in discussions of the knowledge norm of assertion and practical reason as putative counterexamples to these norms. These cases are supposed to show that the knowledge norm is too demanding and that some weaker norm ought to put in its place. These cases don't show what they're intended to. When you assert something false or treat some falsehood as if it's a reason for action, you might deserve an excuse. You often don't deserve (...) even that. (shrink)

We typically have to act under uncertainty. We can be uncertain about the relevant descriptive facts, but also about the relevant normative facts. However, the search for a theory of decision-making under normative uncertainty is doomed to failure. First, the most natural proposal for what to do given normative uncertainty faces two devastating problems. Second, the motivations for wanting a theory of what to do given descriptive uncertainty do not carry over to normative uncertainty. Descriptive facts may be inaccessible even (...) in principle, and ignorance of them excuses one from blame, but normative facts are in principle accessible, and ignorance of them arguably is no excuse. Normative facts differ from descriptive facts: normative facts affect what we ought to do no matter what, while descriptive facts affect what we ought to do only insofar as we are aware of them. (shrink)

This essay articulates a conception of responsibility and excuse in terms of the fair opportunity to avoid wrongdoing and explores its implications for insanity, incompetence, and psychopathy. The fair opportunity conception factors responsibility into conditions of normative competence and situational control and factors normative competence into cognitive and volitional capacities. This supports a conception of incompetence that recognizes substantial impairment of either cognitive or volitional capacities as excusing, provided the agent is not substantially responsible for her own incompetence. This conception (...) helps frame the question whether psychopathy is excusing. The most common rationale for excusing psychopathy appeals to claims about cognitive incompetence. However, there are good philosophical and empirical reasons to be skeptical that psychopaths lack the relevant cognitive capacities. There is more to be said for a volitional rationale for excuse. The crucial question here is whether the problems psychopaths have with impulse control and conforming their behavior to the relevant moral and criminal norms are systematic enough to demonstrate genuine volitional incompetence. The available empirical evidence should leave us skeptical about the merits of this volitional rationale for excuse. (shrink)

The situationist literature in psychology claims that conduct is not determined by character and reflects the operation of the agent’s situation or environment. For instance, due to situational factors, compassionate behavior is much less common than we might have expected from people we believe to be compassionate. This article focuses on whether situationism should revise our beliefs about moral responsibility. It assesses situationism’s implications against the backdrop of a conception of responsibility that is grounded in norms about the fair opportunity (...) to avoid wrongdoing that require that agents be normatively competent and possess situational control. Despite the low incidence of compassionate behavior revealed in situationist studies, situationism threatens neither situational control nor normative competence. Nonetheless situationism may force revision in our views about responsibility in particular contexts, such as wartime wrongdoing. Whereas a good case can be made that the heat of battle can create situational pressures that significantly impair normative competence and thus sometimes provide a full or partial excuse, there is reason to be skeptical of attempts to generalize this excuse to other contexts of wartime wrongdoing. If so, moral responsibility can take situationism on board without capsizing the boat. (shrink)

Duress is a defense in both law and morality. The bank teller who provides an armed robber with the bank vault combination, the innocent suspect who fabricates a story after hours of interrogation, the Good Samaritan who breaks into a private cabin in the woods to save a stranded hiker, and the father who drives at high speed to rush his injured child to the hospital—in deciding how to respond to agents like these, we should take into account that they (...) have acted under duress. In this paper, I offer a new duress defense, which I call “distinctive duress.” The distinctive-duress defense is neither ordinary justification nor ordinary excuse. Rather, it is a defense available to agents who act wrongly because they are appropriately insensitive to certain reasons. In the distinctive-duress cases, an agent’s normative sensitivities are rightly directed elsewhere, leading them awry. (shrink)

In this paper, I defend externalist accounts of justified belief from Cohen's new evil demon objection. While I think that Cohen might be right that the person is justified in believing what she does, I argue that this is because we can defend the person from criticism and that defending a person is a very different thing from defending a person's attitudes or actions. To defend a person's attitudes or actions, we need to show that they met standards or did (...) not violate norms. Intuitions about whether we can defend a person from criticism are a poor guide when it comes to determining whether norms were violated or standards were met. It turns out that even radical forms of externalism about justification are compatible with the intuitions that Cohen's example elicits. Properly understood, those intuitions show that the believer should be excused from criticism (and excused for failing to believe with adequate justification). (shrink)

Influentially, Pamela Hieronymi has argued that any account of forgiveness must be both articulate and uncompromising. It must articulate the change in judgement that results in the forgiver’s loss of resentment without excusing or justifying the misdeed, and without comprising a commitment to the transgressor=s responsibility, the wrongness of the action, and the transgressed person=s self-worth. Non-articulate accounts of forgiveness, which rely on indirect strategies for reducing resentment (for example, reflecting on the transgressor’s bad childhood) are said to fail to (...) explain forgiveness. I argue that the articulateness condition is not a necessary condition for forgiveness. I respond to numerous objections advanced against non-articulate accounts, including the claim that the resentment-mitigating practices they involve amount to excusing. Appealing to P.F. Strawson=s distinction between objective and participant attitudes, I argue that forgivers can take transgressors to be detrimentally causally shaped by their past while holding him them to be morally responsible. (shrink)

The norm of assertion, to be in force, is a social norm. What is the content of our social norm of assertion? Various linguistic arguments purport to show that to assert is to represent oneself as knowing. But to represent oneself as knowing does not entail that assertion is governed by a knowledge norm. At best these linguistic arguments provide indirect support for a knowledge norm. Furthermore, there are alternative, non-normative explanations for the linguistic data (as in recent work from (...) Van Elswyk). Direct arguments would rely on normative judgments about the permissibility or impermissibility of assertions with and without the speaker knowing the content asserted. John Turri's work experimental results purport to show that our norm of assertion is factive, and probably knowledge. But as a number of recent experimentalists (Kneer, Reuter and Broessel, Marsili and Wiegmann) have shown, Turri's results rely on the problemmatic use of 'should' as in 'Maria should assert that she owns a 1990 watch.' Correcting for this, these experimentalists provide strong evidence that our norm of assertion is not factive. The standard reply to evidence like this from the assertion of unlucky falsehoods is the excuse maneuver. But Marsili and Wiegmann, following Turri's protocol for testing for excuse validation, show that participants who judge that assertions unlucky falsehoods are permissible are not guilty of excuse validation. Given our current understanding of the experimental evidence, knowledge is not our norm of assertion. (shrink)

It is clear that lack of awareness of the consequences of an action can undermine moral responsibility and blame for these consequences. But when and how it does so is controversial. Sometimes an agent believing that the outcome might occur is excused because it seemed unlikely to her, and sometimes an agent having no idea that it would occur is nevertheless to blame. A low or zero degree of belief might seem to excuse unless the agent “should have known better”, (...) but it is unclear how to spell out this normative condition. -/- This chapter combines (a) an independently motivated account of responsibility, blame, and credit as grounded in a normal explanatory relation between agential qualities and objects of responsibility with (b) the familiar Strawsonian idea that moral blame and credit depend on the agent’s quality of will. The resulting explanatory quality of will condition on moral responsibility is then further motivated by being shown to account for the effects on moral blame and credit of justifications, as well as of excuses and undermined control in cases not involving ignorance. -/- The explanatory quality of will condition is finally applied to cases involving various degrees of lack of awareness. Though this condition itself involves no awareness requirement, it is shown how it accounts for the degrees to which lack of awareness can excuse. It is also explained how lack of awareness fails as an excuse exactly when the agent should have known better and can be blamed for not doing so. (shrink)

I argue for three conclusions. First, responsibility skeptics are committed to the position that the criminal justice system should adopt a universal nonresponsibility excuse. Second, a universal nonresponsibility excuse would diminish some of our most deeply held values, further dehumanize criminals, exacerbate mass incarceration, and cause an even greater number of innocent people (nonwrongdoers) to be punished. Third, while Saul Smilansky's ‘illusionist’ response to responsibility skeptics – that even if responsibility skepticism is correct, society should maintain a responsibility‐realist/retributivist criminal justice (...) system – is generally compelling, it would not work if a majority of society were to convert, theoretically and psychologically, to responsibility skepticism. In this (highly improbable) scenario, and only in this (highly improbable) scenario, the criminal justice system would need to be reformed in such a way that it aligned with the majority's responsibility‐skeptical beliefs and attitudes. (shrink)

Thanks to the advent of social media, large numbers of Americans believe outlandish falsehoods that have been widely debunked. Many of us have a tendency to fault the individuals who hold such beliefs. We naturally assume that the individuals who form and maintain such beliefs do so in virtue of having violated some epistemic obligation: perhaps they failed to scrutinize their sources, or failed to seek out the available competing evidence. I maintain that very many ordinary individuals who acquire outlandish (...) false beliefs thanks to their use of popular social media platforms (and other similar internet technologies) deserve little or no blame for believing these falsehoods. Such individuals would be fully blameworthy only if they had formed or maintained the relevant beliefs partly in virtue of violating some epistemic obligation and had no excuse for violating that obligation. However, the nature of these internet technologies provides excuses for violating the relevant epistemic obligations, and so individuals are excused for holding the resulting false beliefs. (shrink)

Epistemological Disjunctivism is a view about paradigm cases of perceptual knowledge. Duncan Pritchard claims that it is particularly well suited to accounting for internalist and externalist intuitions. A number of authors have disputed this claim, arguing that there are problems for Pritchard’s way with internalist intuitions. I share the worry. However, I don’t think it has been expressed as effectively as it can be. My aim in this paper is to present a new way of formulating the worry, in terms (...) of an “explanatory challenge”. The explanatory challenge is a simple, yet powerful and illuminating challenge for Epistemological Disjunctivism. It is illuminating in the sense that it shows us why Epistemological Disjunctivism must take on certain internalistically problematic commitments. A secondary aim of this paper is to examine whether the recently much-discussed distinction between justifications and excuses in epistemology can support an adequate response. I will argue that it cannot. (shrink)

T. M. Scanlon’s contractualism is a meta-ethical theory that explains moral motivation and also provides a conception of how to carry out moral deliberation. It supports non-consequentialism – the theory that both consequences and deontological considerations are morally significant in moral deliberation. Regarding the issue of punishment, non-consequentialism allows us to take account of the need for deterrence as well as principles of fairness, justice, and even desert. Moreover, Scanlonian contractualism accounts for permissibility in terms of justifiability: An act is (...) permissible if and only if it can be justified to everyone affected by it. This contractualist thesis explains why it is always impermissible to frame an innocent person, why vicarious punishment is impermissible, and why there has to be a cap on sentences. Contractualism therefore allows us to take deterrence as a goal of punishment without the excess of utilitarianism. This paper further argue that the resulting view is superior to pure retributivism. Finally, it shows why legal excuses and mitigation can be justified in terms of the notion of negative desert. (For access to this paper: http://www.tandfonline.com/eprint/sJ2JBVXkztyFMGmxS7tS/full ) . (shrink)

A prominent objection to the knowledge norm of belief is that it is too demanding or too strong. The objection is commonly framed in terms of the idea that there is a tight connection between norm violation and the appropriateness of criticism or blame. In this paper I do two things. First, I argue that this way of motivating the objection leads to an impasse in the epistemic norms debate. It leads to an impasse when knowledge normers invoke excuses (...) to explain away a prima facie connection between blamelessness and justified belief. Second, I argue that a way out of the impasse becomes available when we take a closer look at some distinctions in the theory of responsibility. There are at least three different notions of responsibility relevant here. I argue that a weaker notion of responsibility – attributability – should be used to motivate the objection that the knowledge norm of belief is too strong. Insofar as the proposal motivates the objection without appeal to blamelessness, it opens up space to move beyond the impasse. (shrink)

If the continental tradition from Nietzsche to Foucault has emphasized the critical and destabilizing implications of the genealogical method, analytical approaches have shown that it can also offer support to its own objects of investigation: behavioral norms, practices, concepts and so on. A genealogical account, for instance, is said to have a justificatory character when it identifies a necessary instrumental relationship between the concept or practice under consideration and human needs fundamental enough to be recognized as such by all. The (...) question I want to address concerns the supposed justifying capabilities of this type of genealogical explanations. To what extent do they really modify – to use Wittgenstein's expression – the space of reasons? I here argue that their normative and evaluative scope is variable and that examining some borderline cases helps to demonstrate this. More specifically, I believe that in some cases the reasons offered through these explanations are reasons not so much to justify the use of certain concepts or practices, but reasons to excuse those who live by them. (shrink)

In this paper I provide some linguistic evidence to the thesis that responsibility judgments are normative. I present an argument from negation, since the negation of descrip- tive judgments is structurally different from the negation of normative judgments. In particular, the negation of responsibility judgments seem to conform to the pattern of the negation of normative judgments, thus being a prima facie evidence for the normativity of responsibility judgments. I assume — for the argument’s sake — Austin’s distinction be- tween (...) justification and excuse, and I sketch how to accommodate the distinction between internal (justification) and external (excuse) nega- tion of responsibility within a language with a second-order analogous of existential generalization and λ operator. In the end I confront with and refute some objections against this argument. (shrink)

In this leçon inaugurale (inaugural lecture) at the University of Neuchâtel, I explain how we can tackle the problem of determinism by asking whether it would give us a justification, an excuse, or an exemption. This strategy builds on Peter Strawson's in Freedom and Resentment, but completes it by (1) proposing a theory of excuses ; (2) proposing that lacking alternatives might give a weak justification--i.e. it might exclude wrongdoing. This forces us to make the best of two philosophical (...) traditions, namely semi-compatibilism (à la Frankfurt/Fischer) and compatibilism (à la Lewis/Vihvelin). My proposal is that whereas compatibilism may have the upper hand, semi-compatibilists have always been right about excuses. (shrink)

This invited entry offers a brief overview of criminal responsibility. -/- The first part starts with a question: is Clyde criminally responsible for killing his girlfriend Bonnie? The answer: it depends. Particular circumstances determine whether Clyde is guilty of murder, guilty of manslaughter, not guilty because he has a good excuse, or not guilty because he has a good justification. -/- The second part addresses the complicated relationship between criminal responsibility and moral responsibility. Until recently, both concepts were considered to (...) be more or less interchangeable. But there is a growing movement, which I refer to as "responsibility skepticism," which maintains that moral responsibility is either physically or metaphysically impossible. If the responsibility skeptics are right (that moral responsibility is impossible), then what are the implications for criminal responsibility and just criminal punishment? Should we abandon these as well? Or can they survive without moral responsibility? I try to answer these questions. -/- The third part addresses social causation. The criminal justice system tends to be "dispositionalist"; it tends, that is, to assume that criminal responsibility resides entirely within the defendant. Dispositionalism, however, overlooks the fact that who we are and what we do are significantly determined by environmental influences. I then try to show that this "situationist" alternative to dispositionalism should not radically alter our approach to criminal punishment. -/- The final part briefly discusses the difficulty in evaluating criminal responsibility when the defendant is both an offender and a victim - especially when the defendant is an offender *because* of his victimization. (shrink)

This paper examines the role of the consensual model in law and argues that if substantive justice is to be the goal of law, the use of individual choice as a legal criterion for distributive and retributive purposes must be curtailed and made subject to substantive considerations. Substantive justice arguably requires that human rights to life, well-being, and the commodities essential to life and well-being, be given priority whenever a societal decision is made. If substantive justice is a collective societal (...) responsibility, the individual cannot be justly rewarded or punished for his or her choices with respect to life, well-being and essential commodities insofar as these choices are justified or excused by standards of substantive justice. Societal conditions and institutional arrangements should be recognized as grounds for justification and excuse because they may impose limits and constraints on the choices available to an individual that are as unavoidable and compelling as those imposed by chance or by another human being. (shrink)

This essay explores a conception of responsibility at work in moral and criminal responsibility. Our conception draws on work in the compatibilist tradition that focuses on the choices of agents who are reasons-responsive and work in criminal jurisprudence that understands responsibility in terms of the choices of agents who have capacities for practical reason and whose situation affords them the fair opportunity to avoid wrongdoing. Our conception brings together the dimensions of normative competence and situational control, and we factor normative (...) competence into cognitive and volitional capacities, which we treat as equally important to normative competence and responsibility. Normative competence and situational control can and should be understood as expressing a common concern that blame and punishment presuppose that the agent had a fair opportunity to avoid wrongdoing. This fair opportunity is the umbrella concept in our understanding of responsibility, one that explains it distinctive architecture. (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)