“I didn’t know what I was doing”. “I was totally out of control.” Since we accept and reject such excuses all the time in practice—and frequently do so with great confidence—we might be expected to have grasped what it means for a volitional excuse to be valid in general and to have developed a well thought out set of criteria for judging the validity of such excuses in practice. But, as it turns out, we have not done either of these (...) things. Hence, we are not now able to argue openly about the validity of particular pleas of ignorance and mental incompetence in practice. I set out to remedy this situation below by articulating the nature of volitional excuses in general and by underscoring the role that our moral expectations play in the validation process.I begin in Part One by exploring the nature of volitional excuses themselves. I argue that volitional excuses are not, as we sometimes assume, heuristic devices for discovering that an individual freely willed her bad actions in some. (shrink)

This article has three parts. The first argues that excuses such as "I didn't know" and "I couldn't help myself" are not, as we are frequently led to believe, vehicles for discovering whether or not an individual's will was free. Instead, they are self-narratives that we produce for the purpose of avoiding blame. The second part explores the particular notion of non-responsibility that governs these self-narratives. The third articulates the role that our judgments of fairness play in decisions to accept (...) or reject pleas of ignorance and mental incompetence in particular cases. (shrink)

The article provides an outline of the basic principles and conditions of criminalisation of interferences with others’ property rights in the context of a specific context: a liberal, social democratic state, the legitimacy of which depends primarily on its impartiality between moral doctrines and the fair distribution of liberties and resources. I begin by giving a brief outline of the conditions of political legitimacy, the place of property and the conditions of criminalisation in such a state. With that framework in (...) place, I argue that interferences with others’ property rights should be viewed as violations of political duties stemming from institutions of distribution. I then discuss three implications of this view: the bearing of social injustice on the criminal law treatment of acts of distributive injustice; the expansion of criminalisation over the violation of distribution-related duties, which are considered criminally irrelevant under moral conceptions of criminalisation; and, finally, the normative significance of the modus operandi. (shrink)

The advent of intelligent artificial systems has sparked a dispute about the question of who is responsible when such a system causes a harmful outcome. This paper champions the idea that this dispute should be approached as a conceptual engineering problem. Towards this claim, the paper first argues that the dispute about the responsibility gap problem is in part a conceptual dispute about the content of responsibility and related concepts. The paper then argues that the way forward is to evaluate (...) the conceptual choices we have, in the light of a systematic understanding of why the concept is important in the first place—in short, the way forward is to engage in conceptual engineering. The paper then illustrates what approaching the responsibility gap problem as a conceptual engineering problem looks like. It outlines argumentative pathways out of the responsibility gap problem and relates these to existing contributions to the dispute. (shrink)

Future weapons will make life-or-death decisions without a human in the loop. When such weapons inflict unwarranted harm, no one appears to be responsible. There seems to be a responsibility gap. I first reconstruct the argument for such responsibility gaps to then argue that this argument is not sound. The argument assumes that commanders have no control over whether autonomous weapons inflict harm. I argue against this assumption. Although this investigation concerns a specific case of autonomous weapons systems, I take (...) steps towards vindicating the more general idea that superiors can be morally responsible in virtue of being in command. (shrink)

Vicarious responsibility is a notoriously puzzling notion in normative reasoning. In this article we will explore two fundamental issues, which we will call the “explication problem” and the “justification problem”. The former issue concerns how vicarious responsibility can plausibly be defined in terms of other normative concepts. The latter issue concerns how ascriptions of vicarious responsibility can be justified. We will address these two problems by combining ideas taken from legal theory and moral philosophy. Our analysis will emphasise the importance (...) of the voluntary involvement of the normative parties considered liable in a relation with other normative parties who causally contributed to a prohibited state-of-affairs. (shrink)