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- Mark Alznauer (2008). Hegel on Legal and Moral Responsibility. Inquiry 51 (4):365 – 389.When Hegel first addresses moral responsibility in the Philosophy of Right, he presupposes that agents are only responsible for what they intended to do, but appears to offer little, if any, justification for this assumption. In this essay, I claim that the first part of the Philosophy of Right, “Abstract Right”, contains an implicit argument that legal or external responsibility (blame for what we have done) is conceptually dependent on moral responsibility proper (blame for what we have intended). This overlooked argument satisfies the first half of a thesis Hegel applies to action in the Encyclopaedia Logic, namely, that the outer must be inner, and thus provides a necessary complement for his more explicit treatment of the second half of that thesis, that the inner must be outer. The claim that agents are only responsible for what they intended to do might appear, at first, to risk conflating legal and moral responsibility and to lack the necessary means to deal with the phenomenon of moral luck, but I argue that if it is properly situated within the whole of Hegel's philosophy of action it can be saved from both of these consequences and so take its place as an essential component of Hegel's full theory of moral responsibility.
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John Martin Fischer and Mark Ravizza have constructed a theory of moral responsibility according to which agents are responsible only if they take responsibility in a particular way. Crucial to taking responsibility is coming to adopt a certain set of beliefs about oneself, such as the belief that one is a legitimate target of attitudes like gratitude and resentment, praise and blame. Moreover, agents must come to adopt this belief in a way that is ‘appropriately based’ upon their evidence, if they are to be genuinely responsible for what they do. In this paper I argue that agents need not meet these conditions in order to be morally responsible. I offer a case in which the agent thinks of himself as responsible, appears to be responsible, but fails to take responsibility in Fischer and Ravizza’s sense. I then argue that Fischer and Ravizza’s account of responsibility for consequences is in conflict with their contention that individuals who reject the justifiability of responsibility ascriptions fail, thereby, to be morally responsible agents.
No categories
For the purpose of this paper, I assume that if a person is morally responsible for an action, this is a necessary and sufhcient condition for moral appraisal of that person for that action. For instance, if the action is morally wrong, moral blame is in order. Other morally relevant responses that are sometimes connected with moral responsibility are praise, pardon, shame, pride, reward, punishment, remorse. I now introduce two quite different concepts of moral responsibility: one grounded on the causal responsibility ofthe agent for an action, the other on the ability of the agent to do otherwise. The one based on the agent’s causal responsibility considers it a necessary condition for praising or blaming an agent for an action, that it was the agent and not something else that brought about the action. The question of moral responsibility becomes one of whether the agent was the or a cause of the action, or whether the agent was forced to act by something else. On this view, actions or choices can be attributed to agents because it is in their actions and choices that the agents, quo moral beings, manifest themselves. The second idea of moral responsibility considers it a prerequisite for blaming or praising an agent for an action that the agent could have done otherwise. This idea is often connected with the agents, sentiments or beliefs that they could have done otherwise, as well as the agents’ feelings of guilt or regret, or pride, for what they have done. Some philosophers consider the causal indeterminedness of the agent’s decision to act as necessary to warrant that the agent could have done otherwise.
John Martin Fischer and Mark Ravizza offer a theory of moral responsibility which makes responsibility dependent upon the way in which moral agents view themselves. According to the theory, agents are responsible for their actions only if they think of themselves as apt candidates for praise and blame; if they come to believe they are not apt candidates for praise and blame, they are ipso facto not morally responsible. In what follows, I show that Fischer and Ravizza’s account of responsibility for consequences is inconsistent with this subjective element of their theory, and that the subjective element may be retained only if they are willing to implausibly restrict their account of responsibility for consequences. I end by discussing the broad significance of the failure of the subjective element for their overall approach to moral responsibility.
There is a gap between, on the one hand, the tragic character of human action and, on the other hand, our moral and legal conceptions of responsibility that focus on individual agency and absolute guilt. Drawing on Kierkegaardâs understanding of tragic action and engaging with contemporary discourse on moral luck, poetic justice, and relational responsibility, this paper argues for a reform of our legal practices based on a less âharshâ (Kierkegaard) conception of moral and legal responsibility and directed more at empathic understanding based on the emotional and imaginative appreciation of personal narratives. This may help our societies and communities to better cope with unacceptable deeds by individuals who are neither criminals nor patients, to make room for praise as well as blame and punishment, and to set up practices and institutions that do not rely on a conception of responsibility that is hard to bear for all of us.
We evaluate people and groups as responsible or not, depending on how seriously they take their responsibilities. Often we do this informally, via moral judgment. Sometimes we do this formally, for instance in legal judgment. This article considers mainly moral responsibility, and focuses largely upon individuals. Later sections also comment on the relation between legal and moral responsibility, and on the responsibility of collectives.
Discussion of Mark Alznauer, Hegel on legal and moral responsibility
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