In his recent JME article Daniel Restrepo argues that both legal and ethical rules should protect the so-called Naked Soldiers, combatants engaged in activity unrelated to military operations and unaware of the imminent danger threatening them. I criticize this position from several angles. I deny the existence of any link between vulnerability and innocence, and claim ignorance of deadly threats does not give rise to a morally distinguished type of vulnerability. I argue that actions not contributing to the war effort (...) are nevertheless an inherent part of fighting a war, and that combatants do not signal intention to abandon their commitment to the war effort by undertaking these. I show that by granting hors de combat status to Naked Soldiers, we would unjustly disadvantage their opponents and engender significant and manifold practical difficulties that the proponents of the view fail to solve or even anticipate. Finally, I demonstrate that Restrepo’s general project of “making killing in war difficult to legitimately justify” regardless of why, how and by whom the killing is done is incompatible with just war theory’s basic assumptions. That project is in fact pacifist in nature and as such redundant in light of pacifism’s broader and stronger implications. (shrink)

Robert Sparrow (among others) claims that if an autonomous weapon were to commit a war crime, it would cause harm for which no one could reasonably be blamed. Since no one would bear responsibility for the soldier’s share of killing in such cases, he argues that they would necessarily violate the requirements of jus in bello, and should be prohibited by international law. I argue this view is mistaken and that our moral understanding of war is sufficient to (...) determine blame for any wrongful killing done by autonomous weapons. Analyzing moral responsibility for autonomous weapons starts by recognizing that although they are capable of causing moral consequences, they are neither praiseworthy nor blameworthy in the moral sense. As such, their military role is that of a tool, albeit a rather sophisticated one, and responsibility for their use is roughly analogous to that of existing “smart” weapons. There will likely be some difficulty in managing these systems as they become more intelligent and more prone to unpredicted behavior, but the moral notion of shared responsibility and the legal notion of command responsibility are sufficient to locate responsibility for their use. (shrink)

Robert Sparrow (among others) claims that if an autonomous weapon were to commit a war crime, it would cause harm for which no one could reasonably be blamed. Since no one would bear responsibility for the soldier’s share of killing in such cases, he argues that they would necessarily violate the requirements of jus in bello, and should be prohibited by international law. I argue this view is mistaken and that our moral understanding of war is sufficient to (...) determine blame for any wrongful killing done by autonomous weapons. Analyzing moral responsibility for autonomous weapons starts by recognizing that although they are capable of causing moral consequences, they are neither praiseworthy nor blameworthy in the moral sense. As such, their military role is that of a tool, albeit a rather sophisticated one, and responsibility for their use is roughly analogous to that of existing “smart” weapons. There will likely be some difficulty in managing these systems as they become more intelligent and more prone to unpredicted behavior, but the moral notion of shared responsibility and the legal notion of command responsibility are sufficient to locate responsibility for their use. (shrink)

The use of child soldiers in armed conflict is an increasing global concern. Although philosophers have examined whether child soldiers can be considered combatants in war, much less attention has been paid to their moral responsibility. While it is tempting to think of them as having diminished or limited responsibility, child soldiers often report feeling guilt for the wrongs they commit. Here I argue that their feelings of guilt are both intelligible and morally appropriate. The feelings of (...) guilt that child soldiers experience are not self-censure; rather their guilt arises from their attempts to come to terms with what they see as their own morally ambiguous motives. Their guilt is appropriate because it reaffirms their commitment to morality and facilitates their self-forgiveness. (shrink)

Child soldiers, who often appear to be both victims and perpetrators, present a vexing moral and legal challenge: how can we protect the rights of children while seeking justice for the victims of war crimes? There has been little stomach, either in domestic or international courts, for prosecuting child soldiers—but neither has this challenge been systematically addressed in international law. Establishing a uniform minimum age of criminal responsibility would be a major step in the right direction; we argue (...) that such a standard ought to be guided by the best evidence from neuropsychology about the development, during childhood and adolescence, of the executive functions that give rise to morally and legally responsible agents. In light of that evidence, which suggests that the brain’s executive functions are still maturing into early adulthood, we recommend a graded structure of culpability for child soldiers. (shrink)

Because wars are fought by human beings and not merely machines, a strong virtue ethic is an essential prerequisite for those engaged in combat. From a philosophical perspective, war has historically been seen as separate and outside of the commonly accepted forms of morality. Yet there remains a general, though not well-thought out, sense that those human beings who fight wars should act ethically. Since warfighters are often called upon to contemplate and complete tasks during war that are not normally (...) required of non-warfighters (civilians), and it is believed these warfighters should act ethically, it becomes necessary to ask: What does soldierly virtue look like? In order to answer this question, I will examine essential elements of moral responsibility and military authority. Once complete, I will propose an Aristotelian-based virtue ethics system, one that is equally valuable to warfighter and civilian. To do this, I will examine the conversation in academia regarding virtue ethics and the foundations of virtue. I will provide both a cursory and deep reading of elements of Aristotle’s conception of virtue, but ultimately I will provide a slightly more rigorous reading and reinterpretation of an Aristotelian-based virtue ethic, with a definitive final recommendation for this interpretation being best for everyone, in war or walking down the street. Upon completing a study of this work, one will walk away with a next-generation interpretation of Aristotelian-based Virtue Ethics that denies eudaimonia as the central principle, relying instead on phronesis as its central theme. Phronesis, when properly developed in the warfighter will lead to moral responsibility, better decision-making, and a seamless re-integration into civilian life once has returned from the horrors of war. (shrink)

"Australian legislation and military doctrine stipulate that soldiers ‘subjugate their will’ to" "government, and fight in any war the government declares. Neither legislation nor doctrine enables the conscience of soldiers. Together, provisions of legislation and doctrine seem to take soldiers for granted. And, rather than strengthening the military instrument, the convention of legislation and doctrine seems to weaken the democratic foundations upon which the military may be shaped as a force for justice. Denied liberty of their conscience, soldiers are denied (...) the foundational right of democratic citizenship and construed as utensils of the State. This article critiques the idea of moral agency in Australian legislation and military doctrine and is concerned with the obligation of the State to safeguard the moral integrity of individual soldiers, so soldiers might serve with a fully formed moral assurance to advance justice in the world. Beyond its explicit focus on the convention of Australian thought, this article raises questions of far-reaching relevance. The provisos of Australian legislation and doctrine are an analogue of western thinking. Thus, this discussion challenges many assumptions concerning military duty and effectiveness. Discussion will additionally provoke some reassessment of the expectations democratic societies" "hold of their soldiers.". (shrink)

I shall argue that in some wars both sides are (as a collective) justified, that is, they can both satisfy valid jus ad bellum requirements. Moreover, in some wars – but not in all – the individual soldiers on the unjustified side (that is, on the side without jus ad bellum) may nevertheless kill soldiers (and also civilians as a side-effect) on the justified side, even if the enemy soldiers always abide by jus in bello constraints. Traditional just war theory (...) and self-proclaimed “revisionist” just war theory think otherwise since the former focuses on the law enforcement or public authority justification for inflicting harm and the latter on the self-defense justification. These are both intrinsically asymmetrical justifications: there is no justified self-defense (properly understood) against justified self-defense, nor is there justified law-enforcement against justified law-enforcement. However, there can, as I will show, be justified self-defense against force that is justified by a necessity justification, and there can be force justified by a necessity justification being used against force that is also justified by a necessity justification. The necessity justification is not intrinsically asymmetrical, and it is an indispensable justification in the context of war. Moreover, with regard to some forms of inflicting harm on others one may give special weight to one’s own interests and the interests of those to whom one has special responsibilities when assessing the proportionality of those acts. That is, the proportionality calculation may be agent-relative. This is in particular so in the case of foreseeably preventing innocent and non-threatening people from being saved (for instance, by shooting down a tactical bomber who would have saved them by destroying an ammunitions factory) but less so in the case of the intentional or foreseeable direct harming of innocent and non-threatening people (dropping bombs on people standing near an ammunitions factory). In the light of these considerations, I will then answer the question as to when soldiers may justifiably participate in war (and when not). (shrink)

In this article, I contribute to the debate between two philosophical traditions—the Kantian and the Aristotelian—on the requirements of criminal responsibility and the grounds for excuse by taking this debate to a new context: international criminal law. After laying out broadly Kantian and Aristotelian conceptions of criminal responsibility, I defend a quasi-Aristotelian conception, which affords a central role to moral development, and especially to the development of moral perception, for international criminal law. I show than an (...) implication of this view is that persons who are substantially and non-culpably limited in their capacity for ordinary moral perception warrant an excuse for engaging in unlawful conduct. I identify a particular set of conditions that trigger this excuse, and then I systematically examine it as applied to the controversial case of former-child-soldier-turned leader of the Lord’s Resistance Army, Dominic Ongwen, who is currently at trial at the International Criminal Court. (shrink)

Contra Michael Walzer and Jeff McMahan, neither classical just war theory nor the contemporary rules of war require or support any notion of combatant moral equality. Nations rightly accept prohibitions against punishing enemy combatants without recognizing any legal or moral right of aggressors to kill. The notion of combatant moral equality has real import only in our interpersonal -- and intrapersonal -- attitudes, since the notion effectively preempts any ground for conscientious objection. Walzer is criticized for over-emphasizing (...) our collective responses to war conduct and slighting our personal, extra-political responses. (shrink)

The revisionist critique of conventional just war theory has undoubtedly scored some important victories. Walzer’s elegantly unified defense of combatant legal equality and noncombatant immunity has been seriously undermined. This critical success has not, however, been matched by positive arguments, which when applied to the messy reality of war would deprive states and soldiers of the permission to fight wars that are plausibly thought to be justified. The appeal to law that is sought to resolve this objection by casting it (...) as a practical concern, a pragmatic worry about implementation, which while germane to debates over the laws of war, need not undermine our convictions in the fundamental principles the revisionists advocate. This response is inadequate. Revisionists have not shown that soldiers should obey the laws of war, in practice, when they conflict with their other moral reasons – our worries about application remain intact. Moreover, a theory of war that offers only an account of the laws of war, and a set of fundamental principles developed in abstraction from feasibility constraints, is radically incomplete. We need to know how to apply those fundamental principles, and whether, when applied, they lead to defensible conclusions. Only two options seem to remain. Perhaps the revisionists’ arguments for their chosen fundamental principles are sufficiently compelling that we should stick with them, and accept their troubling conclusions – in other words, accept pacifism. Alternatively, we need to revise our fundamental principles, so that when applied they yield conclusions that we can more confidently endorse. -/- Though it does not save the revisionist view from the responsibility dilemma and cognate objections, the appeal to law does raise an important, and previously inadequately theorized, question – or, rather, resurrects a neglected topic, discussed in depth by historical just war theorists such as Grotius and Vattel. There are good grounds for distinguishing the laws of war from the morality of war, and for adjusting the former to accommodate predictable noncompliance, that should not impact on our account of the latter. Nonetheless, I have argued that there are some profound moral insights underlying both combatant legal equality and noncombatant immunity: specifically, we cannot infer from a combatant’s side having not satisfied jus ad bellum that he may not justifiably use lethal force; and other things equal, it is more wrongful to harm a nonliable noncombatant than to harm a nonliable combatant. (shrink)

In this chapter, I explore the importance of ethics education for senior military officers with responsibilities at the strategic level of government. One problem, as I see it, is that senior commanders might demand “ethics” from their soldiers but then they are themselves primarily informed by a “morally skeptical viewpoint” (in the form of political realism). I argue that ethics are more than a matter of personal behavior alone: the ethical position of an armed service is a matter of the (...) collective responsibility of the people who constitute it, and senior military officers, having authority to give the orders, have a particularly important role. First, I discuss the continued prominence of a neorealist mindset in strategic thinking. Neorealist theory assumes that ethics is a largely irrelevant concern for strategic decision-makers. In contrast, I argue that consideration of moral values should be at the center of strategic theory and practice. Then, in the second section, I explore the “professional ethics” of senior military officers in order to develop an appreciation of the shared values and expectations regarding required conduct within any professional military service. I argue that senior military leaders should be concerned with what it means to be “good” and that this concept of the good can, and should, be applied across cultures and national boundaries. In the final section, I examine armed conflict and briefly discuss the moral reasoning involved to justify deliberate killing and destruction. I conclude that senior military officers require an understanding of sound moral reasoning to implement effective strategy. (shrink)

While Autonomous Weapons Systems have obvious military advantages, there are prima facie moral objections to using them. By way of general reply to these objections, I point out similarities between the structure of law and morality on the one hand and of automata on the other. I argue that these, plus the fact that automata can be designed to lack the biases and other failings of humans, require us to automate the formulation, administration, and enforcement of law as much (...) as possible, including the elements of law and morality that are operated by combatants in war. I suggest that, ethically speaking, deploying a legally competent robot in some legally regulated realm is not much different from deploying a more or less well-armed, vulnerable, obedient, or morally discerning soldier or general into battle, a police officer onto patrol, or a lawyer or judge into a trial. All feature automaticity in the sense of deputation to an agent we do not then directly control. Such relations are well understood and well-regulated in morality and law; so there is not much challenging philosophically in having robots be some of these agents — excepting the implications of the limits of robot technology at a given time for responsible deputation. I then consider this proposal in light of the differences between two conceptions of law. These are distinguished by whether each conception sees law as unambiguous rules inherently uncontroversial in each application; and I consider the prospects for robotizing law on each. Likewise for the prospects of robotizing moral theorizing and moral decision-making. Finally I identify certain elements of law and morality, noted by the philosopher Immanuel Kant, which robots can participate in only upon being able to set ends and emotionally invest in their attainment. One conclusion is that while affectless autonomous devices might be fit to rule us, they would not be fit to vote with us. For voting is a process for summing felt preferences, and affectless devices would have none to weigh into the sum. Since they don't care which outcomes obtain, they don't get to vote on which ones to bring about. (shrink)

Democratic societies expect their armed forces to act in a morally responsible way, which seems a fair expectation given the fact that they entrust their armed forces with the monopoly of violence. However, this is not as straightforward and unambiguous as it sounds. Present-day military practices show that political assignments, social and cultural contexts, innovative technologies and organisational structures, present military personnel with questions and dilemma’s that can have far-reaching consequences for all involved – not in the last place for (...) the soldiers themselves. A thorough training and education, in which critical thinking is developed and stimulated, seems therefore a necessary condition for morally responsible behaviour. This book aims to contribute to this form of ‘reflective practitioning’ in military practice. (shrink)

Wars and crises worldwide force millions of people to flee and seek refuge, often outside their countries of origin. What moral responsibilities do states have towards refugees? In this Ethical Annotation, Dr Jos Philips and his co-authors zoom in on the responsibilities of EU countries. They consider arguments in favour of and against admitting refugees and argue that EU countries must do at least at much as they can do at little cost, and perhaps even more.

Can addiction be credibly invoked as an excuse for moral harms secondary to particular decisions to use drugs? This question raises two distinct sets of issues. First, there is the question of whether addiction is the sort of consideration that could, given suitable assumptions about the details of the case, excuse or mitigate moral blameworthiness. Most discussions of addiction and moral responsibility have focused on this question, and many have argued that addiction excuses. Here I articulate (...) what I take to be the best argument for this view, based on the substantial difficulty that people with severe addiction experience in controlling drug-related behavior. This, I argue, may in some cases be sufficient to ground a mitigating excuse, given the way in which addiction undermines agents’ responsiveness to relevant moral reasons to do otherwise. Much less attention has been devoted to a second set of issues that critically affect the possibility of applying this mitigating excuse in particular cases, derived from the ambivalent nature of agential control in addiction. In order to find a fitting response to moral harm, the person with the right standing to blame must make a judgment about the extent to which the agent possessed certain morally relevant capacities at the time of the act. In practice, this will often prove tremendously difficult to assess. The ethical challenge for the person with the right standing to blame is fundamentally one of making a judgment about matters that seem underdetermined by the available evidence. (shrink)

P.F. Strawson’s (1962) “Freedom and Resentment” has provoked a wide range of responses, both positive and negative, and an equally wide range of interpretations. In particular, beginning with Gary Watson, some have seen Strawson as suggesting a point about the “order of explanation” concerning moral responsibility: it is not that it is appropriate to hold agents responsible because they are morally responsible, rather, it is ... well, something else. Such claims are often developed in different ways, but one (...) thing remains constant: they meant to be incompatible with libertarian theories of moral responsibility. The overarching theme of this paper is that extant developments of “the reversal” face a dilemma: in order to make the proposals plausibly anti-libertarian, they must be made to be implausible on other grounds. I canvas different attempts to articulate a “Strawsonian reversal”, and argue that none is fit for the purposes for which it is intended. I conclude by suggesting a way of clarifying the intended thesis: an analogy with the concept of funniness. The result: proponents of the “reversal” need to accept the difficult result that if we blamed small children, they would be blameworthy, or instead explain how their view escapes this result, while still being a view on which our blaming practices “fix the facts” of moral responsibility. (shrink)

Michael Zimmerman has recently argued against the twofold Strawsonian claim that there can be no moral responsibility without a moral community and that, as a result, moral responsibility is essentially interpersonal. I offered a number of objections to Zimmerman’s view, to which Zimmerman responded. In this article, I respond to Zimmerman’s responses to my criticisms.

In Fredericks (2018b), I argued that we can be morally responsible for our concepts if they are mental representations. Here, I make a complementary argument for the claim that even if concepts are abstract objects, we can be morally responsible for coming to grasp and for thinking (or not thinking) in terms of them. As before, I take for granted Angela Smith's (2005) rational relations account of moral responsibility, though I think the same conclusion follows from various other (...) accounts. My strategy is to focus on the relations that can obtain between concepts (understood as abstract objects) and morally responsible agents. I conclude by discussing some of the reasons why my arguments matter, which have to do with consequential choices between conceptual options, purposefully seeking out concepts that are new to us, and moral education. (shrink)

Moral response-dependent metaethical theories characterize moral properties in terms of the reactions of certain classes of individuals. Nick Zangwill has argued that such theories are flawed: they are unable to accommodate the motive of duty. That is, they are unable to provide a suitable reason for anyone to perform morally right actions simply because they are morally right. I argue that Zangwill ignores significant differences between various approvals, and various individuals, and that moral response-dependent theories can accommodate (...) the motive of duty. (shrink)

According to Michael Zimmerman, no interpretation of the idea that moral responsibility is essentially interpersonal captures a significant truth. He raises several worries about the Strawsonian view that moral responsibility consists in susceptibility to the reactive attitudes and claims that this view at best supports only an etiolated interpretation of the idea that moral responsibility is essentially interpersonal. He outlines three problems. First, the existence of self-reactive attitudes may be incompatible with the interpersonal nature (...) of moral responsibility. Secondly, Zimmerman questions the significance of the interpersonal nature of moral responsibility, according to the Strawsonian view. Thirdly, he argues that that view may be taken to suggest the wrong kind of priority relation between ‘P is morally responsible’ and ‘it is appropriate to adopt some reactive attitude toward P’. I discuss each of these problems in turn and conclude that Strawsonians can respond to all three problems raised by Zimmerman. The Strawsonian view supports a significant interpretation of the idea that moral responsibility is essentially interpersonal. (shrink)

I argue against two of the most influential contemporary theories of moral responsibility: those of Harry Frankfurt and John Martin Fischer. Both propose conditions which are supposed to be sufficient for direct moral responsibility for actions. (By the term direct moral responsibility, I mean moral responsibility which is not traced from an earlier action.) Frankfurt proposes a condition of 'identification'; Fischer, writing with Mark Ravizza, proposes conditions for 'guidance control'. I argue, using (...) counterexamples, that neither is sufficient for direct moral responsibility. -/- My counterexample cases are based on recent research in psychology which reveals many surprising causes of our actions. Some of this research comes from the field of situationist social psychology; some from experiments which reveal the influence of automatic processes in our actions. Broadly, I call such causes 'subverting' when the agent would not identify with her action, if she knew all the causes of the action. When an action has subverting causes, the agent is not directly morally responsible for it, even though she may meet the conditions specified by Frankfurt and Fischer. -/- I also criticise the theories of Eddy Nahmias and John Doris, who have both engaged specifically with the threats posed to moral responsibility by situationist research. Against Doris and Nahmias, I argue that their conditions are neither necessary nor sufficient for direct moral responsibility. -/- My final objective is to argue that there are many everyday actions for which we mistakenly hold agents morally responsible. I review evidence that there are many everyday actions which have subverting causes. Many of those are actions for which we currently hold agents morally responsible. But I argue that, in many of those same actions, the agents are not in fact morally responsible – they bear neither direct nor traced moral responsibility. (shrink)

Various philosophers have wanted to move from a (P.F.) “Strawsonian” understanding of the “practices of moral responsibility” to a non-skeptical result. I focus on a strategy moving from a “response-dependent” theory of responsibility. I aim to show that a key analogy associated with this strategy fails to support a compatibilist result. It seems clear that nothing could show that nothing we have been laughing at has really been funny. If “the funny” is similar to “the blameworthy”, then (...) perhaps it would follow that nothing could show that no one we have ever blamed has really been blameworthy. The comparison is interesting, but inconclusive: even if we grant that these properties are normatively similar, the latter has substantive empirical presuppositions, whereas the former does not. One important upshot: even if the standards operative in our practices cannot be mistaken, it could nevertheless be that no one has ever met these standards Ruling out this possibility seemingly requires re-engaging in all of the so-called "metaphysical" debates Strawsonians are keen to avoid. (shrink)

This Element examines the concept of moral responsibility as it is used in contemporary philosophical debates and explores the justifiability of the moral practices associated with it, including moral praise/blame, retributive punishment, and the reactive attitudes of resentment and indignation. After identifying and discussing several different varieties of responsibility-including causal responsibility, take-charge responsibility, role responsibility, liability responsibility, and the kinds of responsibility associated with attributability, answerability, and accountability-it distinguishes between basic (...) and non-basic desert conceptions of moral responsibility and considers a number of skeptical arguments against each. It then outlines an alternative forward-looking account of moral responsibility grounded in non-desert-invoking desiderata such as protection, reconciliation, and moral formation. It concludes by addressing concerns about the practical implications of skepticism about desert-based moral responsibility and explains how optimistic skeptics can preserve most of what we care about when it comes to our interpersonal relationships, morality, and meaning in life. (shrink)

This paper argues that "moral luck", understood as a susceptibility of moral desert to lucky or unlucky outcomes, does not exist. The argument turns on the claim that epistemic inquiry is an indissoluble part of moral responsibility, and that judgment on the moral decision making of others should and can adjust for this fact; test cases which aim to isolate moral dilemmas from epistemic consideration misrepresent our moral experience. If the phenomena believed by (...) some philosophers to exemplify the need to admit moral luck as part of their explanation are analysed in the light of this insight, the case for "moral luck" dissolves. (shrink)

This essay challenges the widely accepted principle that a person is morally responsible for what he has done only if he could have done otherwise. The author considers situations in which there are sufficient conditions for a certain choice or action to be performed by someone, So that it is impossible for the person to choose or to do otherwise, But in which these conditions do not in any way bring it about that the person chooses or acts as he (...) does. In such situations the person may well be morally responsible for what he chooses or does despite his inability to choose or to do otherwise. Finally the author considers certain suggestions for revising the principle he rejects or for replacing it with a principle of an altogether different kind. (shrink)

This paper delves into the use of machine learning-based systems in decision-making processes and its implications for moral responsibility as traditionally defined. It focuses on the emergence of responsibility gaps and examines proposed strategies to address them. The paper aims to provide an introductory and comprehensive overview of the ongoing debate surrounding moral responsibility in automated decision-making. By thoroughly examining these issues, we seek to contribute to a deeper understanding of the implications of AI integration (...) in society. (shrink)

The Buddha taught that there is no self. He also accepted a version of the doctrine of karmic rebirth, according to which good and bad actions accrue merit and demerit respectively and where this determines the nature of the agent’s next life and explains some of the beneficial or harmful occurrences in that life. But how is karmic rebirth possible if there are no selves? If there are no selves, it would seem there are no agents that could be held (...) morally responsible for ‘their’ actions. If actions are those happenings in the world performed by agents, it would seem there are no actions. And if there are no agents and no actions, then morality and the notion of karmic retribution would seem to lose application. Historical opponents argued that the Buddha's teaching of no self was tantamount to moral nihilism. The Buddha, and later Buddhist philosophers, firmly reject this charge. The relevant philosophical issues span a vast intellectual terrain and inspired centuries of philosophical reflection and debate. This article will contextualise and survey some of the historical and contemporary debates relevant to moral psychology and Buddhist ethics. They include whether the Buddha's teaching of no-self is consistent with the possibility of moral responsibility; the role of retributivism in Buddhist thought; the possibility of a Buddhist account of free will; the scope and viability of recent attempts to naturalise karma to character virtues and vices, and whether and how right action is to be understood within a Buddhist framework. (shrink)

It is widely thought that, to be morally responsible for some action or omission, an agent must have had, at the very least, the general ability to do otherwise. As we argue, however, there are counterexamples to the claim that moral responsibility requires the general ability to do otherwise. We present several cases in which agents lack the general ability to do otherwise and yet are intuitively morally responsible for what they do, and we argue that such cases (...) raise problems for various kinds of accounts of moral responsibility. We suggest two alternative approaches to thinking about the connection between moral responsibility and abilities to do otherwise, one of which denies that there is any ability-to-do-otherwise requirement on moral responsibility and the other of which requires only an opportunity to do otherwise. We also argue that a general-ability-to-do-otherwise requirement not only faces counterexamples but also lacks positive motivation. (shrink)

We might describe the philosophical issue of human freedom and moral responsibility as an existential metaphysical problem. Problems of this kind are not just a matter of theoretical interest and curiosity: They address issues that we care about and that affect us. They are, more specifically, relevant to the significance and value that we attach to our lives and the way that we lead them. According to the orthodox view, there is a tidy connection between skepticism and pessimism. (...) Skepticism threatens a wide range of interests and concerns that themselves rest on the foundation of our self-conception as responsible moral agents. From this perspective, whereas skepticism licenses a degree of pessimism about our human predicament, the defeat of skepticism serves to vindicate optimism. In recent years this orthodox view of the relationship between skepticism and pessimism has been challenged. It has been argued, for example, that skepticism may be defended in much more optimistic terms. While we have reason to accept skepticism, we have no reason to draw any bleak or depressing consequences from this. Another way of severing the orthodox connection between skepticism and pessimism is to reject skepticism but deny that this will serve to secure or salvage any unqualified form of optimism. This chapter reviews and contrasts these various positions and approaches, beginning with an account of P. F. Strawson’s particularly influential statement of the relationship between the skeptical challenge and pessimism. (shrink)

The principle of alternate possibilities (PAP), making the ability to do otherwise a necessary condition for moral responsibility, is supposed by Harry Frankfurt, John Fischer, and others to succumb to a peculiar kind of counterexample. The paper reviews the main problems with the counterexample that have surfaced over the years, and shows how most can be addressed within the terms of the current debate. But one problem seems ineliminable: because Frankfurt''s example relies on a counterfactual intervener to preclude (...) alternatives to the person''s action, it is not possible for it to preclude all alternatives (intervention that is contingent upon a trigger cannot bring it about that the trigger never occurred). This makes it possible for the determined PAPist to maintain that some pre-intervention deviation is always available to ground moral responsibility. In reply, the critic of PAP can examine all the candidate deviations and argue their irrelevance to moral responsibility (a daunting prospect); or the critic can dispense with counterfactual intervention altogether. The paper pursues the second of these strategies, developing three examples of noncounterfactual intervention in which (i) the agent has no alternatives (and a fortiori no morally relevant alternatives), yet (ii) there is just as much reason to think that the agent is morally responsible as there was in Frankfurt''s original example. The new counterexamples do suffer from one liability, but this is insufficient in the end to repair PAP''s conceptual connection between moral responsibility and alternate possibilities. (shrink)

I argue that we are sometimes morally responsible for having and using (or not using) our concepts, despite the fact that we generally do not choose to have them or have full or direct voluntary control over how we use them. I do so by extending an argument of Angela Smith's; the same features that she says make us morally responsible for some of our attitudes also make us morally responsible for some of our concepts. Specifically, like attitudes, concepts can (...) be (a) conceptually and rationally connected to our evaluative judgments, (b) in principle subject to rational revision (reasons‐responsive), and (c) the basis for actual and potential moral assessments of people that we have good reasons to endorse. Thus, we are open to moral appraisal on the basis of having and using (or not using) our concepts when they reflect our evaluative judgments, though even then it is not always appropriate to praise or blame us on that basis. (shrink)

Proponents of manipulation arguments against compatibilism hold that manipulation scope (how many agents are manipulated) and manipulation type (whether the manipulator intends that an agent perform a particular action) do not impact judgments about free will and moral responsibility. Many opponents of manipulation arguments agree that manipulation scope has no impact but hold that manipulation type does. Recent work by Latham and Tierney (2022, 2023) found that people's judgments were sensitive to manipulation scope: people judged that an agent (...) was less free and responsible when a manipulation was existential (impacting at least one but not all agents) than when the manipulation was universal (impacting every agent). This study examines people's judgements about existential and universal manipulation cases that involve both intentional and non‐intentional outcomes. We found that manipulation scope also affects people's free will and responsibility judgments in manipulation cases involving both intentional and non‐intentional outcomes. Interestingly, we also found that manipulation type influences the effect that manipulation scope has on people's free will judgments but not their moral responsibility judgments, which indicates that people's free will and responsibility judgments can come apart. This puts pressure on the prevalent assumption that judgments about free will and moral responsibility are conceptually bound together. (shrink)

Most philosophers who study moral responsibility have done so in isolation of the concept of truth. Here, I show that thinking about the nature of truth has profound consequences for discussions of moral responsibility. In particular, by focusing on the very trivial nature of truth—that truth depends on the world and not the other way around—we can see that widely accepted counterexamples to one of the most influential incompatibilist arguments can be shown not only to be (...) false, but also impossible. (shrink)

In large, impersonal moral orders many of us wish to maintain good will toward our fellow citizens only if we are reasonably sure they will maintain good will toward us. The mutual maintaining of good will, then, requires that we somehow communicate our intentions to one another. But how do we actually do this? The current paper argues that when we engage in moral responsibility practices—that is, when we express our reactive attitudes by blaming, praising, and resenting—we (...) communicate a desire to maintain good will to those in the community we are imbedded in. Participating in such practices alone will not get the job done, though, for expressions of our reactive attitudes are often what economists call cheap talk. But when we praise and blame in cases of moral diversity, expressions of our reactive attitudes act as costly signals capable of solving our social dilemma. (shrink)

In the paper, I try to cast some doubt on traditional attempts to define, or explicate, moral responsibility in terms of deserved praise and blame. Desert-based accounts of moral responsibility, though no doubt more faithful to our ordinary notion of moral responsibility, tend to run into trouble in the face of challenges posed by a deterministic picture of the world on the one hand and the impact of moral luck on human action on (...) the other. Besides, grounding responsibility in desert seems to support ascriptions of pathological blame to agents trapped in moral dilemmas as well as of excess blame in cases of joint action. Desert is also notoriously difficult, if not impossible, to determine (at least with sufficient precision). And, finally, though not least important, recent empirical research on people’s responsibility judgments reveals our common-sense notion of responsibility to be hopelessly confused and easily manipulated. So it may be time to rethink our inherited theory and practice of moral responsibility. Our theoretical and practical needs may be better served by a less intractable, more forward-looking notion of responsibility. The aim of the paper is to contrast the predominant, desert-based accounts of moral responsibility with their rather unpopular rival, the consequence- based accounts, and then show that the latter deserve more consideration than usually granted by their opponents. In the course of doing so, I assess, and ultimately reject, a number of objections that have been raised against consequentialist accounts of moral responsibility: that it (i) doesn’t do justice to our common-sense theory and practice of responsibility; (ii) ties responsibility too closely to influenceability, thereby exposing itself to the charge of counter-intuitivity; (iii) assigns undeserved responsibility (praise, blame) to agents; (iv) confuses ‘being responsible’ with ‘holding responsible’‚ and (v) provides the wrong-kind-of-reason for praise and blame. My negative and positive case may not add up to a knockdown argument in favor of revising our ordinary notion of responsibility. As long as the considerations adduced succeed in presenting the consequentialist alternative as a serious contender to a pre-arranged marriage between moral responsibility and desert, however, I’m happy to rest my case. (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)

Does having a mental disorder, in general, affect whether someone is morally responsible for an action? Many people seem to think so, holding that mental disorders nearly always mitigate responsibility. Against this Naïve view, we argue for a Nuanced account. The problem is not just that different theories of responsibility yield different verdicts about particular cases. Even when all reasonable theories agree about what's relevant to responsibility, the ways mental illness can affect behavior are so varied that (...) a more nuanced approach is needed. (shrink)

This paper poses an original puzzle about the relationship between causation and moral responsibility called The Moral Difference Puzzle. Using the puzzle, the paper argues for three related ideas: (1) the existence of a new sort of moral luck; (2) an intractable conflict between the causal concepts used in moral assessment; and (3) inability of leading theories of causation to capture the sorts of causal differences that matter for moral evaluation of agents’ causal contributions (...) to outcomes. (shrink)

Judging a person as morally responsible involves believing that certain responses (such as punishment, reward, or expressions of blame or praise) can be justifiably directed at the person. This paper develops an account of the evolution of moral responsibility judgment that adopts Michael Tomasello’s two-step theory of the evolution of morality and borrows also from Christopher Boehm’s work. The main hypothesis defended is that moral responsibility judgment originally evolved as an adaptation that enabled groups of cooperative (...) individuals to hold free riders responsible more safely by acting in a coordinated way. (shrink)

This chapter describes the attributionist approach to moral responsibility. Works by Pamela Hieronymi, T.M. Scanlon, Angela Smith, and Matthew Talbert are taken to representative of this approach. On the interpretation given here, attributionism is committed to the following: assessments of moral responsibility are, and ought to be, centrally concerned with the morally significant features of an agent’s orientation toward others that are attributable to her, and an agent is eligible for moral praise or blame solely (...) on the basis of these attributions. Attributionism is presented as rejecting the claim that agents are morally responsible only for what is under their voluntary control, as well as the claim that agents are responsible for wrongdoing only if they could have responded to the moral considerations that spoke against your behavior. These supposed conditions on moral responsibility are rejected for the same reason: agents may reveal features of their selves, in a way that is sufficient for moral responsibility, even in cases in which these conditions are not met. (shrink)

Every account of moral responsibility has conditions that distinguish between the consequences, actions, or traits that warrant praise or blame and those that do not. One intuitive condition is that praiseworthiness and blameworthiness cannot be affected by luck, that is, by factors beyond the agent’s control. Several philosophers build their accounts of moral responsibility on this luck-free condition, and we may call their views Luck-Free Moral Responsibility (LFMR). I offer moral and metaphysical arguments (...) against LFMR. First, I maintain that considerations of fairness that often motivate LFMR do not require its adoption. Second, I contend that LFMR has counterintuitive implications for the nature and scope of praiseworthiness and blameworthiness and that LFMR is vulnerable to a reductio ad absurdum. Third, I state some common reasons for thinking that LFMR’s commitment to true counterfactuals of libertarian freedom is problematic, and I argue that if there are no such true counterfactuals and if LFMR is true, a person is praiseworthy and blameworthy at most for a tiny fraction of her actions. Fourth, I argue that proponents of LFMR cannot escape this skeptical cost by appealing to a different kind of counterfactual of freedom. Fifth, I develop an anti-skeptical motivation to affirm the idea that luck can affect moral responsibility. (shrink)

Addressing concerns about the treatment of psychopaths, Grant Gillett and Flora Huang (2013) argue that we ought to accept a relational or holistic view of psychopathy and APSD rather than the default biomedical-deficit model since the latter “obscures moral truths about the psychopath”. This change in approach to the psychopath will both mitigate at least some of their moral responsibility for the harms they cause, and force communities to incur special obligations, so they claim, because the harms (...) endured by psychopaths will be understood as part of the cause for the harms they are guilty of committing. However, as I will argue, even if we accept that a relational or holistic approach is better suited to understand psychopathy (which is itself contentious), it does not follow that their responsibility is mitigated in a way that causes communities to have special obligations to them as Gillett and Huang suggest. A diagnosis of APSD or psychopathy does not, prima facie, exculpate an agent or suggest a different way of treating them. My discussion will focus on the widely accepted excusing conditions one must meet for responsibility to me mitigated and conclude, contra Gillett and Huang, that psychopaths are no different from you or I with regards to having a causal history that leads to action. Outside forces play a role in all of our behavior. If the psychopath is owed anything because of the way they have come to understand the world then we all are owed that same debt. (shrink)

Is moral responsibility essentially historical, or does an agent's moral responsibility for an action depend only on their psychological structure at that time? In previous work, I have argued that the two main (non‐skeptical) views on moral responsibility and agents’ histories—historicism and standard structuralism—are vulnerable to objections that are avoided by a third option, namely history‐sensitive structuralism. In this paper, I develop this view in greater detail and evaluate the view by comparing it with (...) its three dialectical rivals: skepticism about moral responsibility, historicism, and standard structuralism. Each comparison includes discussion of new work on moral responsibility and agents’ histories, and along the way I offer new arguments for preferring history‐sensitive structuralism, paying special attention to the view's explanatory power. (shrink)

Discussion of moral responsibility has traditionally centred around actions and the possibility of alternative actions. In this short paper I take a different approach and focus on choices rather than actions. I argue that a person is morally responsible directly for their choices and only indirectly for resulting actions. This subtle shift helps to clarify many issues such as moral luck, thwarted choice and coercion.

In this paper, I consider a novel challenge to John Martin Fischer and Mark Ravizza’s reasons-responsiveness theory of moral responsibility. According to their view, agents possess the control necessary for moral responsibility if their actions proceed from a mechanism that is moderately reasons-responsive. I argue that their account of moderate reasons-responsiveness fails to provide necessary and sufficient conditions for moral responsibility since it cannot give an adequate account of the responsibility of individuals with (...) autism spectrum disorder. Empirical evidence suggests that autistic individuals demonstrate impairments in counterfactual thinking, and these impairments, I argue, are such that they cast doubt on Fischer and Ravizza’s construal of moderate reasons-responsiveness. I then argue that modifying the view in order to accommodate individuals with ASD forces them to defend a strong reasons-responsive account despite the fact that they explicitly deny that such an account can adequately characterize what it is to be morally responsible for one’s actions. (shrink)

In this paper, we explore how a conversational theory of moral responsibility can provide illuminating resources for building a theory about the nature and norms of moral forgiveness.

The autors focuse on the problem of moral responsibility in H. Jonas' ethics of social consequences. While by Jonas the attention is paid mainly to global moral responsibility, in the consequentialist ethics the individual, and social levels of moral responsibility of moral subject are intertwinned.

Different societies came to consider certain behaviors as morally wrong, and, in time, due to a more or less general practice, those behaviors have also become legally prohibited. While, nowadays, the existence of legal responsibility of states and individuals for certain reprehensible acts committed during an armed conflict, international or non-international, is hard to be disputed, an inquiry into the manner in which the behavior of the belligerents has come to be considered reveals long discussions in the field of (...) morals and theory of morality, and, especially, regarding the different manner of establishing the elements to whom obedience is rather owed (the divinity, the sovereign, the law) and the relations between these. Hence, the present paper aims at analyzing the connections between moral responsibility and legal responsibility for wrongful behaviur during war in a diachronic approach, along with the major shifts in paradigm (codification and individual liability). Understanding morality as practice, convention, custom, we are arguing that the nowadays requirement of liability for war crimes appeared due to an assumed intention and practice of the decision-making entities (the sovereign, the state) and, ultimately, to a decision-making process of the most influential states. (shrink)

Are individuals morally responsible for their implicit biases? One reason to think not is that implicit biases are often advertised as unconscious, ‘introspectively inaccessible’ attitudes. However, recent empirical evidence consistently suggests that individuals are aware of their implicit biases, although often in partial and inarticulate ways. Here I explore the implications of this evidence of partial awareness for individuals’ moral responsibility. First, I argue that responsibility comes in degrees. Second, I argue that individuals’ partial awareness of their (...) implicit biases makes them (partially) morally responsible for them. I argue by analogy to a close relative of implicit bias: moods. (shrink)