Implicit in feminist and other critiques of ideal theorizing is a particular view of what normative theory should be like. Although I agree with the rejection of ideal theorizing that oppression theorists (and other theorists of justice) have advocated, the proposed alternative of nonideal theorizing is also problematic. Nonideal theorizing permits one to address oppression by first describing (nonideal) oppressive conditions, and then prescribing the best action that is possible or feasible given the conditions. Borrowing an insight from the " (...) class='Hi'>moral dilemmas debate"— namely that moral wrongdoing or failure can be unavoidable—I suggest that offering (only) action-guidance under non-ideal conditions obscures the presence and significance of unavoidable moral failure. An adequate normative theory should be able to issue a further, non-action-guiding evaluative chim, namely that the best that is possible under oppressive conditions is not good enough, and may constitute a moral failure. I find exclusively action-guiding nonideal theory to be both insufficiently nonidealizing (because it idealizes the moral agent by falsely characterizing the agent as always able to avoid moral wrongdoing) and meanwhile too strongly adapted to the nonideal (because normative expectations are lowered and detrimentally adapted to options that, while the best possible, are still unacceptable). (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)

ABSTRACT It’s often assumed, especially in discussions of free will and moral responsibility, that unavoidable actions are possible. In recent years, however, several philosophers have questioned that assumption. Their views are considered here, and the possibility of unavoidable actions is defended and then applied to issues in action theory and in the literature on moral responsibility.

In this paper it is argued that we can have defensible attributions of responsibility without first answering the question whether determinism and free will are compatible. The key to such a defense is a focus on the fact that most actions for which we hold one another responsible are quite ordinary—trespassing traffic regulations, tardiness, or breaking a promise. As we will show, unlike actions that problematize our moral competence — e.g. akratic and ‘moral monster’- like ones—ordinary ‘wrong’ actions (...) often disclose this competence. Hence, no counterfactual assumption is needed to establish that some of us are sometimes responsible for some of the actions we perform. (shrink)

Some moral theorists argue that innocent beneficiaries of wrongdoing may have special remedial duties to address the hardships suffered by the victims of the wrongdoing. These arguments generally aim to simply motivate the idea that being a beneficiary can provide an independent ground for charging agents with remedial duties to the victims of wrongdoing. Consequently, they have neglected contexts in which it is implausible to charge beneficiaries with remedial duties to the victims of wrongdoing, thereby (...) failing to explore the limits of the benefiting relation in detail. Our aim in this article is to identify a criterion to distinguish contexts in which innocent beneficiaries plausibly bear remedial duties to the victims of wrongdoing from those in which they do not. We argue that innocent beneficiaries incur special duties to the victims of wrongdoing if and only if receiving and retaining the benefits sustains wrongful harm. We develop this criterion by identifying and explicating two general modes of sustaining wrongful harm. We also show that our criterion offers a general explanation for why some innocent beneficiaries incur a special duty to the victims of wrongdoing while others do not. By sustaining wrongful harm, beneficiaries-with-duties contribute to wrongful harm, and we ordinarily have relatively stringent moral requirements against contributing to wrongful harm. On our account, innocently benefiting from wrongdoing _per se_ does not generate duties to the victims of wrongdoing. Rather, beneficiaries acquire such duties because their receipt and retention of the benefits of wrongdoing contribute to the persistence of the wrongful harm suffered by the victim. We conclude by showing that our proposed criterion also illuminates why there can be reasonable disagreement about whether beneficiaries have a duty to victims in some social contexts. (shrink)

According to the received account of guilt in the philosophical literature, one cannot feel guilt unless one takes oneself to have done something morally wrong. But ordinary people feel guilt in many cases in which they do not take themselves to have done anything morally wrong. In this paper, I focus on one kind of guilt without perceived wrongdoing, guilt about being merely causally responsible for a bad state-of-affairs. I go on to present a novel account of guilt that (...) explains guilt about mere causal responsibility, according to which guilt represents part of the self as bound up with what is bad. (shrink)

Bracket out the wrong of committing a wrong, or conspiring or colluding or conniving with others in their committing one. Suppose you have done none of those things, and you find yourself merely benefiting from a wrong committed wholly by someone else. What, if anything, is wrong with that? What, if any, duties follow from it? If straightforward restitution were possible — if you could just ‘give back’ what you received as a result of the wrongdoing to its rightful (...) owner — then matters are morally more straightforward. But in real-world cases that is often impossible, and questions of ‘how much, from whom and to whom?’ become far more vexing. The beneficiary disgorging all benefits of the wrong is part of the story, but where that is not possible or will not suffice to compensate the victim of wrongdoing we discuss various ways of allocating the cost of making the victim whole, including supplementation from public coffers. (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)

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

Recent work in moral philosophy has emphasized the foundational role played by interpersonal accountability in the analysis of moral concepts such as moral right and wrong, moral obligation and duty, blameworthiness, and moral responsibility (Darwall 2006; 2013a; 2013b). Extending this framework to the field of moral psychology, we hypothesize that our moral attitudes, emotions, and motives are also best understood as based in accountability. Drawing on a large body of empirical evidence, we argue (...) that the implicit aim of the central moral motives and emotions is to hold people - whether oneself or others - accountable for compliance with the demands of morality. Moral condemnation is based in a motive to get perpetrators to hold themselves accountable for their wrongdoing, not, as is commonly supposed, a mere retributive motive to make perpetrators suffer (�2). And moral conscience is based in a genuine motive to hold oneself accountable for behaving in accordance with moral demands, not, as is commonly supposed, a mere egoistic motive to appear moral to others (�3). The accountability-based theory of the moral motives and emotions we offer provides better explanations of the extant empirical data than any of the major alternative theories of moral motivation. Moreover, conceiving of moral psychology in this way gives us a new and illuminating perspective on what makes morality distinctive: its essential connection to our practice of holding one another accountable (�4). (shrink)

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

In most discussions of moral responsibility, an agent’s moral responsibility for harming or failing to aid is equated with the agent’s being blameworthy for having done wrong. In this paper, I will argue that one can be morally responsible for one’s action even if the action was not wrong, not blameworthy, and not the result of blameworthy deliberation or bad motivation. This makes a difference to how we should relate to each other and ourselves in the aftermath. Some (...) people have blown off their responsibility when they shouldn't have, and others have held themselves responsible – or second and third parties have held them responsible – as if they were wrongdoers and blameworthy when neither is the case. (shrink)

People are often offended by beliefs, expect apologies for beliefs, apologize for their own beliefs. In many mundane cases, people are morally criticized for their beliefs. Intuitively, then, beliefs seem to sometimes wrong people. Recently, the philosophical literature has picked up on this theme, and has started to discuss it under the heading of doxastic wrongdoing. In this paper we argue that despite the strength of such initial intuitions, at the end of the day they have to be rejected. (...) If it can be ever truthfully asserted that beliefs wrong, this is always derivative – beliefs wrong only in virtue of other things (like evidence-gathering actions) wronging. We distinguish between modest and ambitious doxastic wrongdoing theories (the former deny, while the latter accept, the possibility of a morally wrong yet epistemically permissible belief); we argue that each of these options faces insurmountable problems; and we offer partly debunking explanations of the intuitions purportedly supporting doxastic wrongdoing. (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)

We are sometimes unsure of the moral status of our relationships with other entities. Recent case studies in this uncertainty include our relationships with artificial agents (robots, assistant AI, etc.), animals, and patients with “locked-in” syndrome. Do these entities have basic moral standing? Could they count as true friends or lovers? What should we do when we do not know the answer to these questions? An influential line of reasoning suggests that, in such cases of moral uncertainty, (...) we need meta-moral decision rules that allow us to either minimize the risks of moral wrongdoing or improve the choice-worthiness of our actions. One particular argument adopted in this literature is the “risk asymmetry argument,” which claims that the risks associated with accepting or rejecting some moral facts may be sufficiently asymmetrical as to warrant favoring a particular practical resolution of this uncertainty. Focusing on the case study of artificial beings, this article argues that this is best understood as an ethical-epistemic challenge. The article argues that taking potential risk asymmetries seriously can help resolve disputes about the status of human–AI relationships, at least in practical terms (philosophical debates will, no doubt, continue); however, the resolution depends on a proper, empirically grounded assessment of the risks involved. Being skeptical about basic moral status, but more open to the possibility of meaningful relationships with such entities, may be the most sensible approach to take. (shrink)

What is the relation between moral reasons and moral requirement? Specifically: what relation does an action have to bear to one’s moral reasons in order to count as morally required? This paper defends the following answer to this question: an action is morally required just in case the moral reasons in favor of that action are enough on their own to outweigh all of the reasons, moral and nonmoral, to perform any alternative. I argue that (...) this decisive moral reason view satisfies three key desiderata: it is compatible with either affirming or denying the existence of moral options; it vindicates moral rationalism, the thesis that an action can be morally required only if one ought to do it all things considered; and most distinctively, it explains why unexcused moral wrongdoing necessarily shows disregard for moral reasons. (shrink)

One of the ways in which transnational medical agencies (TMAs) such as Medicins Sans Frontieres aim to increase the access of the global poor to health services is by supplying medical aid to people who need it in developing countries. The moral imperative supporting such work is clear enough, but a variety of factors can make such work difficult. One of those factors is the wrongdoing of other agents and agencies. For as a result of such wrongdoing, (...) the attempt to supply medical aid can sometimes lead to significant negative effects. What should TMAs do in such situations? On one view, TMAs should take account of any negative effects arising from the wrongdoing of others in just the same way in which they take account of negative effects arising more directly from their own actions, or from natural forces. To many people, this view seems wrong. In this paper, I articulate and discuss several different reasons why one might think this. In doing so, I hope to contribute to a debate about the more general question of how TMAs should respond to the wrongdoing of others. (shrink)

In discussing the ways in which we hold each other accountable for immoral conduct, philosophers have often focused on blame, aiming to specify adequate responses to wrongdoing. In contrast, theorizing about the ways we can appropriately respond to minor moral mistakes – i.e., criticizable conduct that is bad but not wrong – has largely been neglected. My first goal in this paper is, thus, to draw attention to this blind spot and argue that a separate account of blameless (...) moral criticism is desirable. My second goal is to propose one way to explicate the contrast between blaming and blameless moral criticism in terms of the contrast between moral anger and moral disappointment: while moral anger, as many argue, is an appropriate response to moral wrongdoing, moral disappointment, but not moral anger, is an appropriate response to these minor moral mistakes. (shrink)

There are cases in which, intuitively, an agent’s action is both morally right in one sense, and morally wrong in another sense. Such cases (along with other intuitions about blameless wrongdoing and action-guidance) support distinguishing between the objective moral ‘ought’ and the subjective moral ‘ought.’ This chapter argues against drawing this distinction, on the grounds that the prescriptions delivered by an adequate objective moral theory must be sensitive to the mental states of agents. Specifically, an adequate (...) theory of the objective moral ‘ought’ must respect a strong ought-implies-can principle—morally ought implies agentially can—in order to prescribe actions to real-life agents. An agent’s mental states determine what is agentially possible for that agent; thus, what an agent objectively morally ought to do is in part determined by the agent’s mental states. This chapter describes the structure of a compelling non-ideal moral theory that is both objective and mental state-sensitive. This non-ideal theory illuminates the shortcomings of extant objectivist and subjectivist moral theories, and illustrates how we can dispense with the subjective moral ‘ought.’. (shrink)

In this paper, I argue that forgiveness is a morally appropriate response only when it is grounded in the wrongdoer’s demonstration of genuine remorse, their offer of a sincere apology, and, where appropriate, acts of recompense and behavioral change. I then respond to John Kleinig’s suggestion (in his paper “Forgiveness and Unconditionality”) that when an apology is not forthcoming, there are at least three additional grounds that, when motivated by virtues such as love and compassion, could nevertheless render “unconditional forgiveness” (...) a morally laudable option. I argue that such grounds could indeed constitute or result in laudable responses to wrongdoing, but only if they are not conceived of or described in terms of forgiveness. (shrink)

The Philosophical Forum, Volume 52, Issue 3, Page 211-220, Fall 2021.

The article defends a mild form of pessimism about moral deference, by arguing that deference is incompatible with authentic interaction, that is, acting in a way that communicates our own normative judgment. The point of such interaction is ultimately that it allows us to get to know and engage one another. This vindication of our intuitive resistance to moral deference is upheld, in a certain range of cases, against David Enoch’s recent objection to views that motivate pessimism by (...) appealing to moral autonomy or understanding. Enoch is right to point out that the value of autonomy or understanding cannot provide reason not to defer, if deferring would reduce the risk of treating others wrongly. But in the kind of case where we would want other people to act authentically towards us, even at the cost of a greater risk of wrongdoing, we should do the same towards them. (shrink)

Much attention has been paid to moral understanding as an individual achievement, when a single agent gains insight into distinctly moral matters. Crucially overlooked, I argue, is the phenomenon of shared moral understanding, when you and I understand moral matters together, in a way that can’t be reduced to each of us having moral understanding on our own. My argument pays close attention to two central moral practices: justifying our actions to others, and apologizing (...) for wrongdoing. I argue that, whenever I owe you a justification or an apology, I thereby owe it to you to aim at our coming to a shared moral understanding. My argument has two upshots. The first is a novel explanation of the importance of moral understanding in our lives, one that emphasizes the importance of understanding moral reasons together. The second is a better understanding of the very obligations involved in two of our most central interpersonal moral practices. (shrink)

The moral community is a social community, and as such it is vulnerable to social problems and pathologies. In this essay I identify a particular way in which participation in the moral community can be constrained by social factors. I argue that features of the social world—including power imbalances, oppression, intergroup conflict, communication barriers, and stereotyping—can make it nearly impossible for some members of the moral community to hold others responsible for wrongdoing. Specifically, social circumstances prevent (...) some marginalized people from engaging in what Stephen Darwall calls “felicitous moral address” (Darwall 2006). We should think of some members of the moral community as having “second-class moral citizenship” in ways that parallel second-class political citizenship. The injustice of second-class moral citizenship can be understood by drawing an analogy with Miranda Fricker’s notion of “epistemic injustice” (Fricker 2007). Fricker’s account of how people can be undermined in their capacity as knowers can be extended to show how people can be undermined in their capacity as makers of moral claims, which can be called “claimant injustice”. (shrink)

This article explores the forms of moral repair that the wrongdoer has to perform in an attempt to make amends for her past wrongdoing, with a focus on the issues of interpersonal moral repair; that is, what a wrongdoer can do to merit her victim‘s forgiveness and achieve reconciliation with her community. The article argues against the very general demands of atonement that amount to an obligation to stop being someone who commits wrongs—to become a moral (...) saint—and suggests a new form of atonement that is more practical and useful in our everyday life. (shrink)

Philosophical discussions of the moralization of anger have not, to date, substantively engaged classical Chinese thought. This is unfortunate, given the abundance of appeals to moral anger in the classical literature, especially among the Confucians, and the suppression, expression, and functionalization of anger. Accordingly, this essay engages in two general projects: one interpretive, one applied. The interpretive project examines the manner in which classical Confucian thought regards anger as having both destructive and constructive aspects, how these aspects are (...) class='Hi'>unavoidable human experiences, and how they can (and should) be regulated or recruited by ritualized social forms. Specifically, while the early Confucians at times depict anger as a precarious feeling to be assuaged, there are circumstances in which anger is not only understandable, but morally warranted. In this tradition, adherence to ritual prescriptions is a primary means by which problematic anger is alleviated while moral anger is effectively expressed, achieving prosocial ends without producing undue harm. This understanding and analysis of anger from a Confucian perspective gives rise to an applied project that considers how even contemporary, non-Confucians can ritualize and deploy anger for positive moral and political ends. In particular, I examine how forms of reconciliation, etiquette, and protest can be construed as rituals through which moral anger is effectively channeled. (shrink)

While Strawsonians have focused on the way in which our “reactive attitudes”—the emotions through which we hold one another responsible for manifestations of morally significant quality of regard—express moral demands, serious doubt has been cast on the idea that non-blaming reactive attitudes direct moral demands to their targets. Building on Gary Watson’s proposal that the reactive attitudes are ‘forms of moral address’, this paper advances a communicative view of praise according to which the form of moral (...) address distinctive of the praise-manifesting reactive attitudes (approbation, gratitude) is moral invitation. Like moral demand, moral invitation is a species of directive address presupposing its target’s possession of distinctive agential capacities and, when valid, provides its addressee with reason to give the addressor’s directive discursive uptake. While blame’s demands issue imperatival reasons for compliance (e.g. to acknowledge wrongdoing, apologize, etc.), praise’s invitations provide discretionary reasons to accept credit in jointly valuing the significance of the act for the praiser. In addition to its phenomenological plausibility and contribution to the already fecund Watsonian-cum-Strawsonian program, the invitational view helps render intelligible the power of our praise practices to facilitate the formation and enrichment of our interpersonal relationships. (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)

Does the moral status of an action provide in itself a non-instrumental, pro-tanto reason for a corresponding legal status – a reason that applies regardless of whether the law promotes a value that is independent of the law, such as preventing wrongdoing or promoting distributive or retributive justice? While the relation between morality and law is a familiar topic, this specific question is typically not considered explicitly. Yet it seems to be controversial and each of the contrasting answers (...) to this question has some appeal. The article highlights and considers this question. it concludes that the answer is negative: there is no necessary relation between morality and law in this respect. Rather, there is a reason in favor of incorporating morality into the law only when this incorporation promotes a moral value that is independent of the law. (shrink)

The Gamer’s Dilemma refers to the philosophical challenge of justifying the intuitive difference people seem to see between the moral permissibility of enacting virtual murder and the moral impermissibility of enacting virtual child molestation in video games (Luck Ethics and Information Technology, 1:31, 2009). Recently, Luck in Philosophia, 50:1287–1308, 2022 has argued that the Gamer’s Dilemma is actually an instance of a more general “paradox”, which he calls the “paradox of treating wrongdoing lightly”, and he proposes a (...) graveness resolution to this paradox. In response, we argue for four key claims. First, we accept Luck’s expansion of the Gamer’s Dilemma to be applicable to a wider set of media, but give a novel recasting of this in terms of the Paradox of Fictionally Going Too Far. Second, we develop a novel criticism of Luck in Philosophia, 50:1287–1308, 2022 graveness resolution to this broader paradox. Third, we argue that the Paradox of Fictionally Going Too Far helps to expose an implicit moralism in the Gamer’s Dilemma literature when compared to relevant nearby literatures about other forms of media. Fourth, we consider a range of non-moral, cultural and media conventions that plausibly help to dissolve the intuitive moral gap between non-sexual and sexual violence that is central to this paradox. (shrink)

Moral dilemmas are situations in which the agents are provided by two conflicting moral judgments but it's not possible for them to act upon both judgments at the same time. Proponents of moral dilemmas say that agents in conflicting situations, have to act in a way that it is morally wrong. Agents will experience negative feelings such as guilt, regret and remorse, no matter which alternative is chosen by them. Opponents, on the other hand, argue in contrary (...) and say that these situations don't avoid incoherence in a moral theory. They claim that although a good moral theory should be action guiding in any situation, it shouldn’t provide the agent with two conflicting moral judgments. Moral dilemmas violate the principle of being action guiding in a moral theory. Proponents often argue in virtue ethics framework and believe that virtue ethic theory is coherent and action guiding and it provides an appropriate explanation for moral dilemmas. Keywords . (shrink)

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

In this paper, I first argue that sometimes freely and knowingly manipulating oneself does not fully preserve moral responsibility – namely, in cases of practically distinct self-manipulation. However, I argue that practically distinct self-manipulation preserves moral responsibility to some extent because such a self-manipulated person is more morally responsibility than an other-manipulated person. This is an important result: manipulating oneself doesn’t always fully preserve one’s moral responsibility for one’s actions. But in what sense is the self-manipulated person (...) more morally responsible? I argue the self-manipulated person is not a fitting target of the reactive attitudes but continues to have wrongdoing-incurred reparative obligations. This explains the intuitive judgement about the self-manipulated person, provides a better explanation of “tracing” cases, and reveals important requirements for a plausible theory of moral responsibility. (shrink)

Recently, philosophers have turned their attention to the question, not when a given agent is blameworthy for what she does, but when a further agent has the moral standing to blame her for what she does. Philosophers have proposed at least four conditions on having “moral standing”: -/- 1. One’s blame would not be “hypocritical”. 2. One is not oneself “involved in” the target agent’s wrongdoing. 3. One must be warranted in believing that the target is indeed (...) blameworthy for the wrongdoing. 4. The target’s wrongdoing must some of “one’s business”. -/- These conditions are often proposed as both conditions on one and the same thing, and as marking fundamentally different ways of “losing standing.” Here I call these claims into question. First, I claim that conditions (3) and (4) are simply conditions on different things than are conditions (1) and (2). Second, I argue that condition (2) reduces to condition (1): when “involvement” removes someone’s standing to blame, it does so only by indicating something further about that agent, viz., that he or she lacks commitment to the values that condemn the wrongdoer’s action. The result: after we clarify the nature of the non-hypocrisy condition, we will have a unified account of moral standing to blame. Issues also discussed: whether standing can ever be regained, the relationship between standing and our "moral fragility", the difference between mere inconsistency and hypocrisy, and whether a condition of standing might be derived from deeper facts about the "equality of persons". (shrink)

An ongoing debate in the philosophy of action concerns the prevalence of moral luck: instances in which an agent’s moral responsibility is due, at least in part, to factors beyond his control. I point to a unique problem of moral luck for agents who depend upon Brain Computer Interfaces (BCIs) for bodily movement. BCIs may misrecognize a voluntarily formed distal intention (e.g., a plan to commit some illicit act in the future) as a control command to perform (...) some overt behavior now. If so, then BCI-agents may be deserving of punishment for the unlucky but foreseeable outcomes of their voluntarily formed plans, whereas standard counterparts who abandon their plans are not. However, it seems that the only relevant difference between BCI-agents and their standard counterparts is just a matter of luck. I briefly sketch different solutions that attempt to avoid this type of moral luck, while remaining agnostic on whether any succeeds. If none of these solutions succeeds, then there may be a unique type of moral luck that is unavoidable with respect to deserving punishment for certain BCI-mediated behaviors. (shrink)

This is a draft of my chapter on Negligence for the forthcoming Oxford Handbook in Moral Psychology. It discusses philosophical, psychological, and legal approaches to the attribution of culpability in cases of negligent wrongdoing.

In line with the tradition running from Ancients through Christian thought, Kant affirms the idea of moral freedom: that true freedom consists in moral self-determination. The idea of moral freedom raises the problem of moral freedom: if freedom is moral self-determination, it seems that the wicked are not free and therefore not responsible for their wrongdoings. In this essay I discuss Kant's solution to this problem. I argue that Kant distinguishes between four modalities of freedom (...) as moral self-determination and that the problem of moral freedom disappears when these distinctions are brought to light. (shrink)

It has been argued that Plato sought to make his rulers invulnerable to any kind of wrongdoing. In this paper we argue that this (humanly impossible) claim misunderstand the ways in which Plato shapes his state precisely in order to make the rulers safe from what could corrupt them.

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

When and why do socially constructed norms—including the laws of the land, norms of etiquette, and informal customs—generate moral obligations? I argue that the answer lies in the duty to respect others, specifically to give them what I call “agency respect.” This is the kind of respect that people are owed in light of how they exercise their agency. My central thesis is this: To the extent that (i) existing norms are underpinned by people’s commitments as agents and (ii) (...) they do not conflict with morality, they place moral demands on us on agency-respect grounds. This view of the moral force of socially constructed norms, I suggest, is superior to views that deny the moral force of such norms, and it elegantly explains certain instances of wrongdoing that would otherwise remain unaccounted for. (shrink)

This paper develops and defends a new way for pacifists to deal with the problem of supreme emergency. In it I argue that a supreme emergency in which some disaster can only be prevented by modern war is a morally tragic situation. This means that a leader faced with a supreme emergency acts unjustifiably in both allowing something terrible to occur, as well as in waging war to prevent it. I also argue that we may have cause to excuse from (...) wrongdoing the agents who must choose an unjustified action in a supreme emergency. (shrink)

Given the unwittingness of negligence, personal responsibility for negligent conduct is puzzling. After all, how is it that one is responsible for what one did not intend to do or was unaware that one was doing? How, therefore, is one’s agency involved with one’s negligence so as to ground one’s responsibility for it? Negligence is an unwitting failure in agency to meet a standard requiring conduct that falls within one’s competency. Accordingly, negligent conduct involves agency in that negligence is a (...) manifestation of agency failure. Now, nobody’s perfect. Human agency is innately fallible, and a measure of agency failure is, therefore, unavoidable. The more one’s negligence manifests failure in one’s agency as an individual, the more one is responsible for it. In contrast, the more one’s negligence involves the shortcomings innate to all human agency the less responsible one becomes, because one’s agency as an individual is less and less involved in one’s failure. Determinative of the measure of individual and of human failings mixed into an instance of negligent phi-ing is the background quality of one’s agency at meeting one’s competency at phi-ing. That is, how able one is at delivering on what one is able to competently do. The more able, the less one’s occasional instances of negligence involve manifestations of failures of one’s agency as an individual – nobody’s perfect – and are more manifestations of one’s agency’s innate human fallibility, making one less and less responsible for one’s negligence. (shrink)

This article gives two arguments for believing that our society is unknowingly guilty of serious, large-scale wrongdoing. First is an inductive argument: most other societies, in history and in the world today, have been unknowingly guilty of serious wrongdoing, so ours probably is too. Second is a disjunctive argument: there are a large number of distinct ways in which our practices could turn out to be horribly wrong, so even if no particular hypothesized moral mistake strikes us (...) as very likely, the disjunction of all such mistakes should receive significant credence. The article then discusses what our society should do in light of the likelihood that we are doing something seriously wrong: we should regard intellectual progress, of the sort that will allow us to find and correct our moral mistakes as soon as possible, as an urgent moral priority rather than as a mere luxury; and we should also consider it important to save resources and cultivate flexibility, so that when the time comes to change our policies we will be able to do so quickly and smoothly. (shrink)

Forgiveness as a positive response to wrongdoing is a widespread phenomenon that plays a role in the moral lives of most persons. Surprisingly, Kant has very little to say on the matter. Although Kant dedicates considerable space to discussing punishment, wrongdoing and grace, he addresses the issues of human forgiveness directly only in some short passages in the Lectures on Ethics and in one passage of the Metaphysics of Morals. As noted by Sussman, the TL passage, however, (...) betrays some ambivalence. Kant establishes a duty of virtue to be forgiving (TL, 6:460), yet he immediately warns against its excess: meek toleration of recurrent wrongs could manifest a lack of self-respect and a violation of a duty to oneself (TL, 6:461). Sussman claims that this ambivalence ultimately arises from the fact that forgiveness sits uncomfortably in Kant’s moral thought. First, forgiveness has an ‘ineluctably elective aspect’ that makes it, to a certain extent, arbitrary and dependent on particular features of the forgiver’s psychology and, as such, in tension with Kant’s central claims that human beings are autonomous agents capable of determining their own moral status. Second, according to Sussman, Kant’s moral retributivism, i.e. ‘the particular moral position that every moral wrong against another deserves punishment of the wrongdoer’ seems to be in tension with the possibility of a ‘truly redemptive forgiveness’. Moreover, forgiveness also seems to be in tension with a passage of the Religion in which Kant argues that the moral guilt from our original evil disposition cannot be understood as a debt or liability that can be compensated, erased, transferred or otherwise wiped out by others (Rel, 6:72). Thus, to the extent that forgiveness might be thought to involve the forgoing of moral guilt, it seems incompatible with Kant’s views on culpability and punishment. This chapter seeks to clarify Kant’s views on forgiveness in order to show that, although not often appreciated, personal forgiveness plays an important role in the lives of ordinary human agents as understood by Kant. In particular, I aim to show there is a conception of forgiveness available to Kant that is not incompatible with Kant’s views of punishment and culpability. In Section 1, I argue that, for Kant, far from being merely ‘elective,’ forgiveness is, under certain conditions, morally required. I provide a brief summary of an interpretation of Kant’s theory of forgiveness that I have defended in recently published work , in order to argue that Kant’s duty to be forgiving should be understood as an imperfect duty of virtue which is conditional on repentance. Kant is not ambivalent about this duty because he maintains that when the relevant conditions are not met, we have a perfect duty to ourselves not to forgive unrepentant wrongdoers. The TL passage thus identifies two different duties. In Section 2, I show that forgiveness, as conceptualised by Kant, does not require the forgoing of punishment or the overcoming of moral guilt and that this could, in fact, be seen as an attractive feature of Kant’s position. I end by offering a very brief assessment of Kant’s views. (shrink)

To fully rationally answer Socrates’s question, ‘How should one live?’, we need to answer the epistemic question: ‘How can one know how one should live?’. This paper attempts to answer both. ` The issue of rationality is crucial here. ‘Rationality’ here only concerns knowledge, e.g., ways to acquire scientific knowledge, and meta-knowledge concerning values. No values as such are rational or knowledge. However:- Many factors are required for human rationality to exist and develop, e.g., life, mental health and evidence-based education. (...) Human rationality’s need for those factors, hence their value to rationality, is rationally-unquestionable – and that applies to the practised values prescribing the prescribable factors. Those prescribable factors require certain interrelated epistemic, moral, social, political, legal, educational and other values to be practised. This implies a pro-rationality values-theory with one obligatory, general end – a uniquely rationally-unquestionable end. This end provides the basis for answering Socrates’s question as rationally (correctly) as is possible for values. That end is fundamentally epistemic, namely ‘Be pro-rationality’, yet the theory has deeply-humanly-meaningful, universal applications. It has implications for current and all possible moral, social, political, legal, educational, environmental etc issues. E.g., the theory shows that human rationality crucially requires certain emotions, health-care, education and upbringing. With this, the paper discusses affection, free speech, journalism, psychotherapy, political and sexual consent, rights, responsibilities, freedom and government. The theory’s sub-values prescribe much prescribed by some other theories, e.g., broad and deep knowledge-acquisition (in certain areas), rationally-critical thinking, non-sexism, non-racism, general types of liberalism, holistic flourishing, happiness, unselfishness and fairness. However, all other values-theories lack pro-rationality theory’s maximum possible rational-unquestionability, internal coherence and coherence with rationality. The theory encourages total freedom in a-rationality areas, areas irrelevant to its obligatory end. The theory inherently requires its advocates to be (self )critical, rationally viewing the theory’s necessarily human-suggested specifics as often fallible or unavoidably approximate. So the theory is a work-in-progress. (shrink)

Empirical research has distinguished moral judgments that focus on an act and the actor’s intention or mental states, and those that focus on results of an action and then seek a causal actor. Studies indicate these two types of judgments may result from a “dual-process system” of moral judgment (Cushman 2008, Kneer and Machery 2019). Results-oriented judgements may be subject to the problem of resultant moral luck because different results can arise from the same action and intention. (...) While some argue luck should not bear on persons’ culpability, Victor Kumar has argued that the tendency to hold unlucky agents responsible for harm is justified by consequentialist aims of punishment (Kumar 2019). In contrast, judgments that focus on acts and intentions may be primarily retributive. Kumar claims that judgments focused on results track external, public harm because this increases the reliability of punishment and better achieves instrumental aims, including deterrent effect. In this chapter I examine rape cases using Kumar’s theory of punishment. Rape involves outcomes that are not publicly available. If judgments of punishment depend on outcomes, then we would expect such judgments to be less stable for those instances of wrongdoing that lack public outcomes such as rape, because such judgments would rely instead on often biased and unreliable inferential processes to establish the presence of mental states, which are essentially private. In this way Kumar’s theory actually predicts the way in which we see criminal justice institutions fail with regard to arrest, prosecution, and punishment related to rape; and we might expect similar failures for other crimes that lack publicly available results. In sum, a fundamental problem with institutionalized punishment centered upon results may be that some crimes sit within a moral blindspot. (shrink)

How should we respond to historical figures who played an important role in their country’s history but have also perpetrated acts of great evil? Much of the existing philosophical literature on this topic has focused on explaining why it may be wrong to celebrate such figures. However, a common response that is made in popular discussions around these issues is that we should not judge historical figures by today’s standards. Our goal in this paper is to examine the most plausible (...) way to understand this objection. We will examine three different interpretations of this argument. First, we will examine a view we call Temporal Moral Relativism, according to which moral standards are relative to particular points in time. Next, we outline Blame Relativism, the view that people from the past may be excused from blame for acts of conventionalized wrongdoing. Finally, we outline Ideals Relativism, according to which our moral ideals are partially relative to the time in which we live. We argue that Ideals Relativism provides the most plausible interpretation of this argument. (shrink)

In this chapter, we discuss a selection of current views of the neural correlates of consciousness (NCC). We focus on the different predictions they make, in particular with respect to the role of prefrontal cortex (PFC) during visual experiences, which is an area of critical interest and some source of contention. Our discussion of these views focuses on the level of functional anatomy, rather than at the neuronal circuitry level. We take this approach because we currently understand more about experimental (...) evidence at this coarse level and because these results are appropriate for arbitrating between current theoretical frameworks. We discuss the Two-Visual-Systems Hypothesis (Milner & Goodale 1995; 2006), Local Recurrency (Lamme 2010; Lamme 2006), Higher Order (Lau 2008; Lau & Rosenthal 2011) and Global Workspace theories (Baars 1997; Baars 2005; Dehaene & Naccache 2001; Dehaene 2014). Despite the apparent stark differences between conscious and unconscious perceptual processing, available evidence suggests that their neural substrates must be largely shared. This indicates that the difference in neural activity between conscious and unconscious perceptual processing is likely to be subtle and highly specialized. We argue that current experimental evidence about the involvement of specific activity in prefrontal cortex supports the higher order neural theory of consciousness. In consequence, imaging techniques that focus only on marked differences between conscious and unconscious level of activity are likely to be insensitive to the relevant neural activity patterns that underlie conscious experiences. Finally, it follows from the evidence we discuss that the functional advantages of conscious over unconscious perceptual processing may be more limited than commonly thought. (shrink)

This paper establishes a Kantian duty against screen overexposure. After defining screen exposure, I adopt a Kantian approach to its morality on the ground that Kant’s notion of duties to oneself easily captures wrongdoing in absence of harm or wrong to others. Then, I draw specifically on Kant’s ‘duties to oneself as an animal being’ to introduce a duty of self-government. This duty is based on the negative causal impact of the activities it regulates on a human being’s mental (...) and physical powers, and, ultimately, on the moral employment of these powers. After doing so, I argue that the duty against screen overexposure is an instance of the duty of self-government. Finally, I consider some objections. (shrink)

Individualists hold that moral responsibility can be ascribed to single human beings only. An important collectivist objection is that individualism is morally deficient because it leaves a normative residue. Without attributing responsibility to collectives there remains a “deficit in the accounting books” (Pettit). This collectivist strategy often uses judgment aggregation paradoxes to show that the collective can be responsible when no individual is. I argue that we do not need collectivism to handle such cases because the individualist analysis leaves (...) no responsibility-deficit. Harm suffered in such situations can have only two sources. Harm is either due to culpable wrongdoing by individuals. Harm is then redressed by holding these individuals responsible. Or harm does not result from culpable wrongdoing. Such harm may have to be redressed too, but not because anyone is responsible for it. Therefore, the charge of moral insensitivity against individualist accounts can be rejected. Furthermore, in the last section of the chapter I will show that collectivist talk about moral responsibility can be used for ethically questionable purposes as well. Collectivists cannot claim the moral high ground. (shrink)