A theory of blameworthiness must answer two fundamental questions. First, what makes a person blameworthy when they act? Second, what makes a person blameworthy after the time of action? Two main answers have been given to the second question. According to interminability theorists, blameworthiness necessarily doesn’t even diminish over time. Terminability theorists deny this. In this paper, I argue against interminability and in favour of terminability. After clarifying the debate about whether blameworthiness is interminable or terminable, I argue (...) there’s no positive case for interminability. I then respond to three objections to terminability. In doing so, I clarify the nature of blame, self-blame, and posthumous blame. I also give theoretical reasons in favour of the view that a person’s blameworthiness for a minor wrong can not only diminish but also cease completely. (shrink)

Here is a crucial principle for debates about moral luck, responsibility, and free will: a subject is blameworthy for an act only if, in acting, she did what she ought not to have done. That is, ‘blameworthiness’ implies ‘ought not’ (BION). There are some good reasons to accept BION, but whether we should accept it depends on complex questions about the objectivity of ought and the subjectivity of blameworthiness. This paper offers an exploratory defence of BION: it gives three (...) prima facie reasons to accept it, provides a plausible interpretation of it, and shows how holding out against objections can yield fruitful lessons. Five objections to BION are considered: the objection from conscience, from reasons, from suberogation, from objectivity, and from excuses. Their main problem is to either over-subjectify blameworthiness or to over-objectify obligations. To accept BION, we must occupy a desirable middle ground. (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)

Many of those working on moral responsibility assume that "once blameworthy, always blameworthy." They believe that blameworthiness is like diamonds: it is forever. We argue that blameworthiness is not forever; rather, it can diminish through time. We begin by showing that the view that blameworthiness is forever is best understood as the claim that personal identity is sufficient for diachronic blameworthiness. We argue that this view should be rejected because it entails that blameworthiness for past action is completely (...) divorced from the distinctive psychological features of the person at the later time. This is because on none of the leading accounts of personal identity does identity require the preservation of any distinctive psychological features, but merely requires some form of continuity. The claim that blameworthiness is forever should therefore be rejected. We then sketch an account of blameworthiness over time, and consider two objections. (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)

This paper investigates agents’ blameworthiness when they are part of a group that does harm. We analyse three factors that affect the scope of an agent’s blameworthiness in these cases: shared intentionality, interpersonal influence, and common knowledge. Each factor involves circumstantial luck. The more each factor is present, the greater is the scope of each agent’s vicarious blameworthiness for the other agents’ contributions to the harm. We then consider an agent’s degree of blameworthiness, as distinct from her scope of blameworthiness. (...) We suggest that an agent mostly controls her degree of blameworthiness—but even here, luck constrains what possible degrees of blameworthiness are open to her. (shrink)

It is often assumed that we are only blameworthy for that over which we have control. In recent years, however, several philosophers have argued that we can be blameworthy for occurrences that appear to be outside our control, such as attitudes, beliefs and omissions. This has prompted the question of why control should be a condition on blameworthiness. This paper aims at defending the control condition by developing a new conception of blameworthiness: To be blameworthy, I argue, (...) is most fundamentally to deserve to feel guilty. Being blamed by someone else is not necessarily harmful to the wrongdoer. The blame might not be expressed, or the wrongdoer might not care. But to blame oneself necessarily involves suffering. This conception of blameworthiness explains why the control condition should obtain: We are morally blameworthy for A only if A was under our control because to be blameworthy is to deserve to feel guilty, to feel guilty is to suffer, and one deserves to suffer for A only if A was under one’s control. (shrink)

This paper focuses on a non-volitional account that has received a good deal of attention recently, Angela Smith's rational relations view. I argue that without historical conditions on blameworthiness for the non-voluntary non-volitionist accounts like Smith’s are (i) vulnerable to manipulation cases and (ii) fail to make sufficient room for the distinction between badness and blameworthiness. Towards the end of the paper I propose conditions aimed to supplement these deficiencies. The conditions that I propose are tailored to suit non-volitional accounts (...) of blameworthiness. Unlike some volitional historical conditions on blameworthiness, the conditions that I propose do not require that the person have exercised voluntary control (e.g., via choices or decisions) over the acquisition of her attitudes or values. (shrink)

I first clarify the idea that blameworthiness requires consciousness as the view that one can be blameworthy only for what is a response to a reason of which one is conscious. Next I develop the following argument: blameworthiness requires exercising control in a way distinctive of persons and doing this, in view of what it is to be a person, requires responding to a reason of which one is conscious. Then I defend this argument from an objection inspired by (...) Arpaly and Schroeder according to which responding to moral reasons suffices for exercising control distinctive of persons. (shrink)

The idea that conscious control, or more specifically akratic wrongdoing, is a necessary condition for blameworthiness has durable appeal. This position has been explicitly championed by volitionist philosophers, and its tacit influence is broadly felt. Many responses have been offered to the akrasia requirement espoused by volitionists. These responses often take the form of counterexamples involving blameworthy ignorance: i.e., cases where an agent didn’t act akratically, but where they nevertheless seem blameworthy. These counterexamples have generally led to an (...) impasse in the debate, with volitionists maintaining that the ignorant agents are blameless. In this paper, I explore a different sort of counterexample: I consider agents who have acted akratically, but whose very conscious awareness of their wrongdoing complicates their blameworthiness. I call these cases of “complex akrasia,” and I suggest that they are a familiar aspect of moral life. I interpret these cases as supporting non-volitionist accounts, and particularly Quality of Will accounts. (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)

It is widely held that whether a person is morally responsible for an outcome partly depends on whether certain causal relations obtain between that person and the outcome. This paper argues that, regardless of whether the preceding claim about moral responsibility is true, moral blameworthiness is independent of such causal considerations. This conclusion is motivated by considering cases from Carolina Sartorio and Sara Bernstein. The causal structures of these cases are complex. Sartorio and Bernstein believe that reaching conclusions about moral (...) responsibility and blameworthiness requires wading through this complexity. But it is argued here that getting clear on these causal structures does not help us assess blameworthiness (regardless of the relevance of such considerations for drawing conclusions about moral responsibility). Moral blameworthiness simply does not turn on the considerations relevant to figuring out whether an agent causally contributed to an outcome. (shrink)

For ambitious metaphysical neo-sentimentalists, all normative facts are grounded in fitting attitudes, where fittingness is understood in naturalistic terms. In this paper, I offer a neo-sentimentalist account of blameworthiness in terms of the reactive attitudes of a morally authoritative subject I label a Nagelian Imp. I also argue that moral impermissibility is indirectly linked to blameworthiness: roughly, an act is morally impermissible if and only if and because it is not *possible* in the circumstances to adopt a plan of performing (...) it without meriting blame, assuming the agent is rational, informed, and meets the conditions of accountability. (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)

Many theorists have found the notion of forgiveness to be paradoxical, for it is thought that only the blameworthy can be appropriately forgiven but that the blameworthy are appropriately blamed not forgiven. Some have appealed to the notion of repentance to resolve this tension. But others have objected that such a response is explanatorily inadequate in the sense that it merely stipulates and names a solution leaving the transformative power of repentance unexplained. Worse still, others have objected that (...) such a response cannot succeed because no amount of repentance can render the blameworthy not blameworthy. I argue that this latter objection is based on a mistaken assumption, the acknowledgement of which has the power to resolve the paradox in a way that meets the explanatory adequacy challenge, and, more generally, has significant implications with which any full theory of forgiveness must engage. (shrink)

The Kantian ethical position, especially as represented in Alan Donagan, rejects the possibility of unavoidable blameworthiness. Donagan also holds that morality is learned by participation. But consider: there must be some first instance of an agent’s being held blameworthy. To hold the agent blameworthy in that instance supposes that the agent could have known what morality required so as to be able to avoid blameworthiness. But before experiencing blameworthiness the agent can have no real understanding of the significance (...) of morality’s requiring anything, if morality is learned by participation. Hence the agent could not have known to avoid violating morality’s requirement. The agent could not have knowingly avoided being blameworthy in the first instance of blameworthiness, as he or she would not understand the significance of doing so. This is unavoidable blameworthiness. (shrink)

This work shows that two problems—the reference class and the mental state of the agent—undermine the plausibility of the ‘blameworthiness tracks risk thesis’ (BTRT), which states, prima facie, an agent is more blameworthy for imposing a greater rather than smaller risk. The article first outlines core concepts. It then shows how the two problems undermine BTRT; namely, (1) no blame attribution based on risk imposition is unequivocal; (2) when the materialization of risk is subject to chance, an agent’s decision (...) can ground an equal degree of blameworthiness regardless of whether the risk is greater or lesser. (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)

Despite the broad agreement that microaggressions cause harm, there is disagreement on how to capture microaggressor's accountability. Friedlaender (2018) argues that, in many cases, survivors of microaggressions are not justified in holding the microaggressor blameworthy or blaming them (Friedlaender 2018, 14). I argue, in contrast, that we are generally justified in holding most microaggressors blameworthy and blaming them. By adopting a broadly blame-inclusive account of microaggressor accountability, we are in a position to satisfy the desiderata an ideal account (...) should meet: (1) account for cumulative harm; (2) consistently allow for standing to forgive; and (3) be risk sensitive to the microaggressed. By possessing these virtues, I believe my view of microaggressor accountability better equips us to take seriously the harm caused by microaggressions and center the well-being of microaggressees. I respond to Friedlaender's concerns regarding epistemic ignorance and what they call the disaggregation problem. In contrast to Friedlaender's broadly blame-exclusive responsibility model, I motivate a broadly blame-inclusive model for holding microaggressors accountable, explaining how it fulfills the desiderata. I respond to the objection that my account is too blame-inclusive by providing examples of (1) justified microaggressions; (2) excused microaggressions; and (3) blameworthiless microaggressions where blame is justified all the same. (shrink)

The realm of non-rational influence, which includes nudging, is home to many other morally interesting phenomena. In this paper, I introduce the term bumping, to discuss the category of unintentional non-rational influence. Bumping happens constantly, wherever people make choices in environments where they are affected by other people. For instance, doctors will often bump their patients as patients make choices about what treatments to pursue. In some cases, these bumps will systematically tend to make patients’ decisions worse. Put another way: (...) doctors will sometimes harm their patients by bumping them in systematic (although still unintentional) ways. I use the case of medical overuse, the provision of medical services where the likely harm outweighs the likely benefit to the patient, as a touchstone for arguing that doctors who systematically bump their patients towards harm can be blameworthy for their unwitting influence. (shrink)

Many Christians seem to have difficulty in their worldview insofar as they affirm: (1) If a person cannot do something, then that person is not blameworthy for not doing that action, (2) No one has it within his or her power to acquire faith, and (3) Some individuals who do not have the virtue of faith are nevertheless blameworthy for not having faith. These propositions together appear to entail a contradiction. In this paper I show how the Christian (...) philosopher, St. Thomas Aquinas, affirms these propositions but avoids the contradiction because of his understanding of faith, blame, and grace. (shrink)

In this paper, I consider the potential implications of the observation that epistemic judgment seems to be less emotional than moral judgment. I argue that regardless of whether emotions are necessary for blame, blaming emotions do play an important epistemic role in the moral domain. They allow us to grasp propositions about moral blameworthiness and thereby to appreciate their significance in a special way. Further, I argue that if we generally lack blaming emotions in the epistemic domain, then we are (...) unable to grasp propositions about epistemic blameworthiness. As a result, regardless of one’s theory of epistemic blame, there emerges a tension between the claim that we are epistemically blameworthy for our epistemic failings and the claim that we do not feel epistemic blaming emotions. (shrink)

Ways to be Blameworthy: Rightness, Wrongness, and Responsibility, by Elinor Mason. Oxford: Oxford University Press, 2019. Pp. viii + 227.

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)

Contextualists and Subject Sensitive Invariantists often cite the knowledge norm of assertion as part of their argument. They claim that the knowledge norms in conjunction with our intuitions about when a subject is properly asserting in low or high stakes contexts provides strong evidence that what counts as knowledge depends on practical factors. In this paper, I present new data to suggest they are mistaken in the way they think about cases involving high and low stakes and I show how (...) insensitive invariantists can explain the data. I exploit recent work done on the distinction between flouting a norm and being blamed for that violation to formulate a rigorous theory of rational expected blameworthiness that allows insensitive invariantists to explain the data cited. (shrink)

In this paper, I analyze epistemic blameworthiness. After presenting Michael Bergmann’s definition of epistemic blameworthiness, I argue that his definition is problematic because it does not have a control condition. I conclude by offering an improved definition of epistemic blameworthiness and defending this definition against potential counterexamples.

AI systems, like self-driving cars, healthcare robots, or Autonomous Weapon Systems, already play an increasingly important role in our lives and will do so to an even greater extent in the near future. This raises a fundamental philosophical question: who is morally responsible when such systems cause unjustified harm? In the paper, we argue for the admittedly surprising claim that some of these systems can themselves be morally responsible for their conduct in an important and everyday sense of the term—the (...) attributability sense. More specifically, relying on work by Nomy Arpaly and Timothy Schroeder (In Praise of Desire, OUP 2014), we propose that the behavior of these systems can manifest their ‘quality of will’ and thus be regarded as something they can be blameworthy for. We develop this position in detail, justify some of its crucial presuppositions, and defend it against potential objections. (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)

I seek to re-approach the longstanding debate concerning the moral relevance of physical distance by emphasising the important distinction between evaluations of wrongdoing and evaluations of blameworthiness. Drawing in particular on Quality of Will accounts of blameworthiness, I argue that proximity can make an important difference to what qualifies as sufficient moral concern between strangers, and therefore to evaluations of blameworthiness for failures to assist. This implies that even if two individuals (one distant, one proximate) commit an equivalent wrong in (...) ignoring preventable suffering, it can still be the case that the proximate individual is more blameworthy insofar as their disregard expresses a more reprehensible attitude. I argue that emphasising this distinction allows us to make sense of a range of conflicting intuitions with regards to the effects of physical distance on our obligations to assist. (shrink)

There is much of interest in Cassam’s ground-breaking Vices of the Mind. This discussion focuses exclusively on one aspect of his view, namely, his account of what it takes to be properly criticisable or blameworthy for one’s epistemic vices. This critical discussion consists of two sections. The first provides an overview of Cassam’s account of responsibility and criticisability for intellectual vices. The second raises a problem for that account whose formulation is due to Battaly and proposes a solution which, (...) at least in part, could also be adopted by Cassam himself if he were prepared to make some small changes to his view. This solution generates a highly disjunctive account of criticisability and responsibility for possessing an epistemic vice. Although such heterogeneity might seem wholly unsatisfactory, it receives a plausible explanation when the account is put within the context of a Strawsonian approach to the practice of holding people responsible for their epistemic vices. (shrink)

This paper takes under consideration a piece by Roger Crisp in which he questions what the problem of moral luck can teach us about COVID-19 lockdown rule-breakers. Taking the position that although such rule-breakers might seem to be new examples of moral luck, Crisp ends up denying the existence of moral luck and argues that moral luck is an outdated notion in so far as it relies on other questionable aspects of morality, that is, retributivist punishment and blame. Although the (...) author agrees with Crisp that pandemic rule-breaker cases are putative examples of resultant moral luck, he proposes that Crisp has misconstrued what moral luck is and the paper examines in detail what he sees as the numerous problems with Crisp’s claims. The author concludes that Crisp’s analysis of pandemic rule-breaking does not shed any new light on the moral luck debate, and the difficult questions of luck, moral responsibility, and desert are not so easily resolved. -/- . (shrink)

At least some serial killers are psychopathic serial killers. Psychopathic serial killers raise interesting questions about the nature of evil and moral responsibility. On the one hand, serial killers seem to be obviously evil, if anything is. On the other hand, psychopathy is a diagnosable disorder that, among other things, involves a diminished ability to understand and use basic moral distinctions. This feature of psychopathy suggests that psychopathic serial killers have at least diminished responsibility for what they do. In this (...) chapter I consider whether psychopathic serial killers might be properly said to be both evil and morally responsible for their actions. I argue that psychopathic serial killers are plausibly evil in at least one recognizable sense of the term, but that they are nevertheless not likely to be responsible for many of the evils they perpetuate. (shrink)

In this review, I summarize Elinor Mason’s Ways to be Blameworthy and raise some worries concerning three aspects of her book: her account of the knowledge condition on moral responsibility, her notion of blame and its justification as well as Mason’s conception of extended blameworthiness.

My main aim in this paper is to improve and give further support to a defense of the Principle of Alternative Possibilities (PAP) against Frankfurt cases which I put forward in some previous work. In the present paper I concentrate on a recent Frankfurt case, Pereboom's "Tax Evasion". After presenting the essentials of my defense of PAP and applying it to this case, I go on to consider several objections that have been (or might be) raised against it and argue (...) that they don't succeed. I conclude by pointing out that my criticism of Pereboom's example suggests a general strategy against other actual or possible Frankfurt cases. (shrink)

Skepticism about blameworthiness says that there is good reason to doubt that, in our world, humans are ever blameworthy for their deeds. A significant problem for the discussion of this view is that it is unclear how to understand the kind of blame that should be at issue. This paper makes a new proposal. The basic idea is that the kind of blame skeptics should be skeptical about is constituted by responses that can violate the targets’ claims and by (...) the responders’ thought that the targets have forfeited this claim because of their morally objectionable actions and because of how they were when they performed them. This view identifies an important part of our everyday lives and frames discussions about skepticism about blameworthiness in a new way. (shrink)

Let F be a fact in virtue of which an agent, S, is blameworthy for performing an act of A-ing. We advance a slightly qualified version of the following thesis: -/- (Reason) F is (at some time) a reason for S to feel guilty (to some extent) for A-ing. -/- Leaving implicit the qualification concerning extent, we claim as well: -/- (Desert) S's having this reason suffices for S’s deserving to feel guilty for A-ing. -/- We also advance a (...) third thesis connecting desert of feeling guilty with the fittingness of this response. -/- In light of our three theses, we address several claims that have been made regarding responsibility and desert. We take issue with the divorce of desert from responsibility. We find acceptable a claim regarding blameworthiness and reason to induce guilt, and we defend the idea that it is noninstrumentally good that one who is blameworthy be subject to a fitting feeling of guilt. We argue against a view on which desert of blame has a teleological dimension. (shrink)

Satisficing Consequentialism is often rejected as hopeless. Perhaps its greatest problem is that it risks condoning the gratuitous prevention of goodness above the baseline of what qualifies as "good enough". I propose a radical new willpower-based version of the view that avoids this problem, and that better fits with the motivation of avoiding an excessively demanding conception of morality. I further demonstrate how, by drawing on the resources of an independent theory of blameworthiness, we may obtain a principled specification of (...) what counts as "good enough". (shrink)

I examine the blameworthiness of the resistance for Nazi reprisals in three morally disturbing cases which occurred in Nazi occupied Europe. I have organized my argument in the following way. After describing the cases, I propose a set of criteria for assessing the degree to which actors are blameworthy for the deaths of innocents. Using these criteria, I then explore the blameworthiness of the resistance members in these cases. I follow this analysis with an application of the doctrine of (...) double effect. My conclusion that some resistance members are blameworthy using my criteria is confirmed by the application of the doctrine of double effect. (shrink)

Theorists attending to the epistemic condition on responsibility are divided over whether moral ignorance is ever exculpatory. While those who argue that reasonable expectation is required for blameworthiness often maintain that moral ignorance can excuse, theorists who embrace a quality of will approach to blameworthiness are not sanguine about the prospect of excuses among morally ignorant wrongdoers. Indeed, it is sometimes argued that moral ignorance always reflects insufficient care for what matters morally, and therefore that moral ignorance never excuses. Furthermore, (...) quality of will theorists treat their skepticism about excuses for the morally ignorant as a natural implication of their approach. It is therefore unsurprising that, while many have argued for the blamelessness of certain morally ignorant agents on grounds concerning reasonable expectation, the possibility that morally ignorant agents might be blameless even according to quality of will views has not been adequately addressed. I illustrate and explain how it is possible for morally ignorant agents to display sufficient care for the morally relevant features of their wrong behavior. Thus, even if quality of will views are correct, moral ignorance sometimes excuses. (shrink)

I argue that there are some situations in which it is praiseworthy to be motivated only by moral rightness de dicto, even if this results in wrongdoing. I consider a set of cases that are challenging for views that dispute this, prioritising concern for what is morally important in moral evaluation. In these cases, the agent is not concerned about what is morally important, does the wrong thing, but nevertheless seems praiseworthy rather than blameworthy. I argue that the views (...) under discussion cannot accommodate this, and should be amended to recognise that it is often praiseworthy to be motivated to do what is right. (shrink)

Building on Peter French’s important work, this chapter draws three distinctions that arise in the context of attributions of moral responsibility, understood as the extent to which an agent is blameworthy or praiseworthy. First, the subject of an attribution of responsibility may be an individual agent or a collective agent. Second, the object of the responsibility attribution may be an individual action (or consequence) or a collective action (or consequence). The third distinction concerns the temporal dimension of the responsibility (...) attribution. Sometimes responsibility for an action is attributed to an agent at the time of the action. At other times responsibility for an action is attributed to an agent sometime after the action has taken place. Taken together, these three binary distinctions yield eight types of responsibility attribution. It is argued that a collective agent’s responsibility for a past collective act is properly understood on the same theoretical model as is an individual’s responsibility for a past individual act. While most assume that responsibility over time is a straightforward matter of identity over time, it is argued that instead this is a matter of psychological or attitudinal connectedness. The possibility is considered that this relation also grounds attributions involving an asymmetry between subject and object, such as individual responsibility for past collective action, but a skeptical worry is raised that such attributions entail an unpalatable form of moral luck and should therefore be rejected. (shrink)

Recent work on blameworthiness has prominently featured discussions of guilt. The philosophers who develop guilt-based views of blameworthiness do an excellent job of attending to the evaluative and affective features of feeling guilty. However, these philosophers have been less attentive to guilt’s characteristic action tendencies and the role admissions of guilt play in our blaming practices. This paper focuses on the nature of guilty confession and argues that it illuminates an important function of blame that has been overlooked in the (...) recent work on guilt as it relates to blameworthiness: Blame can communicate respect. (shrink)

According to what may be called PERMANENT, blameworthiness is forever: once you are blameworthy for something, you are always blameworthy for it. Here a prima facie case for this view is set out, and the view is defended from two lines of attack. On one, you are no longer blameworthy for a past offense if, despite being the person who committed it, you no longer have any of the pertinent psychological states you had at the time of (...) the misdeed. On the other, you can cease to be blameworthy if you sufficiently experience guilt or remorse, suffer enough punishment, or are forgiven for your misdeed. Although several points made in support of the second challenge are accepted, they are entirely consistent with PERMANENT. Neither line of attack, as so far presented, undermines the plausibility of this view stemming from the prima facie case. (shrink)

I show that the Pinkerton rule in conspiracy law is doctrinally and morally flawed. Unlike past critics of the rule, I propose a statutory fix that preserves and reforms it rather than abolishing it entirely. As I will show, this accommodates authors like Neil Katyal who have defended the rule as an important crime fighting tool while also fixing most of the traditional problems with it identified by critics like Wayne LaFave. Pinkerton is a vicarious liability rule that makes conspirators (...) criminally responsible for the foreseeable crimes of their coconspirators committed in furtherance of the conspiracy. It has two big problems: (1) Doctrinally, it breaks the logic of the many state criminal codes that are based on the Model Penal Code. (2) Ethically, it infringes the culpability constraint on the criminal law by imposing excessive punishments on defendants who did not even consciously suspect that their coconspirators would commit additional crimes that were not the object of the conspiracy. These problems are most acute in Texas, where Pinkerton can be combined with capital murder charges to produce automatic life without parole sentences. The Texas example is an extreme illustration of the problem of unintended consequences when state legislators tinker with the carefully drafted, interlocking provisions of a model code. The new statute I propose would put the penal code back in order and respect the culpability constraint. In the latter aspect, it is informed by leading work in philosophical ethics on blameworthiness and culpability. (shrink)

Negligence and omission are closely related: commonly, in cases of negligent action, the agent has failed to turn her attention to some pertinent fact. But that omission is itself typically unwitting. A sufficient condition for blameworthiness for an unwitting omission is offered, as is an account of blameworthiness for negligent action. It is argued that one can be blameworthy for wrongdoing done from ignorance even if one is not blameworthy for that ignorance.

One proposed way of preserving the link between criminal negligence and blameworthiness is to define criminal negligence in moral terms. On this view, a person can be held criminally responsible for a negligent act if her negligence reflects a deficit of moral concern. Some theorists are convinced that this definition restores the link between negligence and blameworthiness, while others insist that criminal negligence remains suspect. This article contributes to the discussion by applying the work of ethicist Nomy Arpaly to criminal (...) negligence. Although not interested in legal issues herself, Arpaly has a well-developed theory of moral agency that explains moral concern in terms of responsiveness to moral reasons. Introducing her work to the ongoing scholarly debate will be helpful for two reasons. First, while a definition of negligence in terms of moral concern is recognized as one proposed solution to the negligence–blameworthiness problem, authors promoting it have yet to give a systematic account of moral concern and its relation to blame. Borrowing Arpaly's account will help clarify the idea of moral concern so that both proponents and critics of a concern approach to negligence can have a better-defined debate. Second, her theory of blameworthiness is especially suited to defending the blameworthiness of negligent actions, because it does not have recourse to a special quality of choice or self-control that must be active to render conduct blameworthy. To make this second advantage clear, the article argues that reliance on choice or self-control problematizes blameworthiness for negligence. Those who wish to defend blameworthiness for negligent acts should base their work on an account of moral agency that does not rely on either choice or self-control to explain when an action is blameworthy. (shrink)

It is commonplace to attribute obligations to φ or blameworthiness for φ-ing to groups even when no member has an obligation to φ or is individually blameworthy for not φ-ing. Such non-distributive attributions can seem problematic in cases where the group is not a moral agent in its own right. In response, it has been argued both that non-agential groups can have the capabilities requisite to have obligations of their own, and that group obligations can be understood in terms (...) of moral demands on individual group members. It has also been suggested that members of groups can share responsibility for an outcome in virtue of being causally or socially connected to that outcome. This paper discusses the agency problem and argues that the most promising attempts at solutions understand group obligations and blameworthiness as grounded in demands on individual agents. (shrink)