In criminal law, the mental state of the defendant is a crucial determinant of the grade of crime that the defendant has committed and of whether the conduct is criminal at all. Under the widely accepted modern hierarchy of mental states, an actor is most culpable for causing harm purposely and progressively less culpable for doing so knowingly, recklessly, or negligently. Notably, this hierarchy emphasizes cognitive rather than conative mental states. But this emphasis, I argue, is often unjustified. When we (...) punish and blame for wrongful acts, we should look beyond the cognitive dimensions of the actor’s culpability and should consider affective and volitional dimensions as well, including the actor’s intentions, motives, and attitudes. One promising alternative mental state is the attitude of culpable indifference. However, we must proceed carefully when permitting criminal liability to turn on culpable indifference and similar attitudes, lest we punish vicious or unvirtuous feelings that are no.. (shrink)

The concept of having done something wrong is an integral part of normative thinking and thus a human universal. With regard to the early Chinese world of ideas and the resulting Confucian value system, consensus has it that the normative forces of "shame" have played a particularly strong role in the conceptualization and assessments of wrongdoings. This study aims to broaden our understanding of these processes by examining a group of synonyms associated with different states of "guilt" (i.e. the fact (...) of having committed something wrong), in the course of their historical development during the pre-Qin period (appr. 1250-221 BCE). By outlining the synchronic conceptual differences and diachronic changes of these synonyms and framing them in their sociopolitical context, this attempts to relate the early history of a concept that has so far received little scholarly attention. The results of this study offer many surprises and show overall that the concept of guilt in early Chinese texts is much more nuanced than previously assumed. They provide impressive evidence of the emergence and growth of several expert discourses on the subject of guilt, thus challenging the notion of early China as a representative of a "shame culture". (shrink)

In this paper I explore some ideas inspired by Federico Picinali’s Justice In-Between: A Study of Intermediate Criminal Verdicts. Picinali makes a case for the introduction of intermediate options in criminal trials – verdicts with consequences that are harsher than an acquittal, but not so harsh as a conviction. From a certain perspective, the absence of intermediate options in criminal trials is puzzling – out of kilter with much of our everyday decision-making and, perhaps, with the recommendations of expected utility (...) theory. I will argue, however, that the lack of intermediate options is much less puzzling when put in the context of our ordinary practices of blame and non-legal punishment. (shrink)

Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Limits of Blame takes issue with a criminal justice system that aligns legal criteria of guilt with moral criteria of blameworthiness. Many incarcerated people do not meet the criteria of blameworthiness, even when they are guilty of crimes. The author underscores the problems of exaggerating what criminal guilt indicates, particularly when it is tied to (...) the illusion that we know how long and in what ways criminals should suffer. Our practice of assigning blame has gone beyond a pragmatic need for protection and a moral need to repudiate harmful acts publicly. It represents a desire for retribution that normalizes excessive punishment. Kelly proposes that we abandon our culture of blame and aim at reducing serious crime rather than imposing retribution. Were we to refocus our perspective to fit the relevant moral circumstances and legal criteria, we could endorse a humane, appropriately limited, and more productive approach to criminal justice.--. (shrink)

Punishment is fundamentally unfair, never justly deserved, and cannot be eliminated. The deep Belief in a Just World, the subject of extensive psychological research, makes it difficult for us to accept the fact that we live in an unjust world. Belief in moral responsibility is designed to protect our comfortable belief in a just world, but that comfort comes at the price of blaming victims and blocking deeper inquiry. Facing the disturbing fact of unavoidable injustice motivates us to take (...) effective steps to minimize injustice: to seek out the deeper causes of criminal behavior and fix them, and to treat those we must unjustly punish (through coercive isolation) with respect, concern, and the least possible discomfort. (shrink)

Michael S. Moore is a whole-hearted retributivist. The triumph of Mechanical Choices is that Moore provides a thoroughly physicalist, reductionist-friendly, compatibilist account of the features that make persons deserving of blame and punishment. Many who embrace scientific accounts of psychology worry that from this perspective the grounds for desert disappear; but Moore argues that folk psychological accounts of responsibility—such as those found in the criminal law—are either vindicated or not implicated by science. Moore claims that criminal punishment (...) can be justified by looking solely to moral desert, couched in folk terms. In this paper I argue that interpersonal blame and punishment and criminal blame and punishment hold people responsible in the same sense, and that directed moral blame in both forms aim to communicate something to the wrongdoer and generate a backward-looking or retributive good. However, contra Moore, I will argue that instrumental aims are also important to justifying methods and degree of punishment within both realms. (shrink)

An assumption central to some forms of retributivism is that it is noninstrumentally good that a culpable wrongdoer suffers in receiving a deserved punishment. A justification for this can be built from a conversational theory of moral responsibility, and in particular deserved blame. On such a theory, deserved blame is fitting as a response to a wrongdoer insofar as it is conversationally meaningful as a reply to a wrong done. Punishment, it might be argued, has this (...) feature too. The conversational aim in both deserved blame and punishment is for the guilty to grasp the meaning conveyed by those who blame or punish and then respond meaningfully by, for example, apologizing or expressing remorse. Ideally, a culpable agent would experience a form and degree of guilt suitable for a wrong done. So, a conversational theory of punishment can then be justified in terms of providing conditions conducive for a culpable wrongdoer to respond to punishment by manifesting an appropriately pained response of guilt. (shrink)

Daniel Robinson suggests that much of the civil and criminal law "serves as the institutionalized form of praise and blame". Indeed it does. Pulling at this thread of Robinson's tapestry leads the reader straightaway to a host of truths about how law and morality not only intersect, but work together in harmony. "[L]aw", Robinson says, is a "vivid expression of deeper and impenetrably complex moral theories". This essay explores several of these harmonies, but focuses on two. One is that (...) political society must be seen as the cooperation of free persons according to law, which persons hold common moral understandings. The second has to do with retribution as the moral justifying aim of punishing criminals. The author goes beyond Robinson's limited praise of retribution, and shows that some central features of our practice of punishment are understandable only within the retributive framework. 2012 APA, all rights reserved). (shrink)

In this paper we explore the relationship between forgiving and punishment. We set out a number of arguments for the claim that if one forgives a wrongdoer, one should not punish her. We then argue that none of these arguments is persuasive. We conclude by reflecting on the possibility of institutional forgiveness in the criminal justice setting and on the differences between forgiveness and acts of mercy.

Moral judgments about a situation are profoundly shaped by the perception of individuals in that situation as either moral agents or moral patients (Gray & Wegner, 2009; Gray, Young, & Waytz, 2012), Specifically, the more we see someone as a moral agent, the less we see them as a moral patient, and vice versa. As a result, casting the perpetrator of a transgression as a victim tends to have the effect of making them seem less blameworthy (Gray & Wegner, 2011). (...) Based on this theoretical framework, we predicted that criminal offenders with a mental disorder that predisposes them to antisocial behavior would be judged more negatively when the disorder is described as having a genetic origin than when it is described as environmentally caused, as in the case of childhood abuse or accident. Further, we predicted that some environmental explanations would mitigate attributions of blame more than others, namely, that offenders whose disorder was caused by childhood abuse (intentional harm) would be seen as less blameworthy than offenders whose disorder is caused by an unfortunate accident (unintentional harm). Results from two vignette-based studies designed to test these predictions, conducted with participants recruited from Amazon Mechanical Turk (N = 244 and N = 387, respectively), confirmed the first prediction but not the second. Implications of this research for three areas — the psychology of moral judgment, philosophical debates about moral responsibility and determinism, and the practice of the law — are discussed in the sequel. (shrink)

The book provides a novel theory of the criminal law that focuses, not on when it is appropriate to blame and make suffer an individual character, but on when it is legitimate to deprive a free agent of its liberty and on how it is possible to reconcile punishment with individual freedom.

This chapter examines the restrictions on justification of punishment that result from the claim that human beings lack freedom of the will. The variety of free will at issue is the control in action required for the agent to basically deserve to be blamed or punished. If we lack such free will, the classical retributive justification is undermined. Furthermore, if we lack such free will, one justification for using criminals as means for the purpose of general deterrence is also (...) threatened. Since even if we lack free will, we yet retain the right to harm in self-defense, special deterrence that invokes such a right, and the attendant general deterrence, are in the clear. Finally, ways in which additional general deterrence absent free will might be justified are explored. (shrink)

This chapter has two goals. First, I will present an interpretation of Kant’s mature account of punishment, which includes a strong commitment to retributivism. Second, I will sketch a non-retributive, “ideal abolitionist” alternative, which appeals to a version of original position deliberation in which we choose the principles of punishment on the assumption that we are as likely to end up among the punished as we are to end up among those protected by the institution of punishment. (...) This is radical relative to Kant’s mature theory of punishment, but arguably it conforms better to the spirit of Kant’s first Critique remarks on imputation and punishment than his mature theory does. (shrink)

Current legal practice holds that a diagnosis of psychopathy does not remove criminal responsibility. In contrast, many philosophers and legal experts are increasingly persuaded by evidence from experimental psychology and neuroscience indicating moral and cognitive deficits in psychopaths and have argued that they should be excused from moral responsibility. However, having opposite views concerning psychopaths’ moral responsibility, on the one hand, and criminal responsibility, on the other, seems unfortunate given the assumption that the law should, at least to some extent, (...) react to the same desert-based considerations as do ascriptions of moral responsibility. In response, Stephen Morse has argued that the law should indeed be reformed so as to excuse those with severe psychopathy from blame, but that psychopaths that have committed criminal offences should still be subject to some legal repercussions such as civil commitment. We argue that consequentialist and norm-expressivist considerations analogous to those that support punishing psychopaths or at least retaining some legal liability, might also be drawn on in favour of holding psychopaths morally accountable. (shrink)

Philosophers have highlighted a dilemma for the criminal law. Unjust, racist policies in the United States have produced conditions in which the dispossessed are more likely to commit crime. This complicity undermines the standing of the state to blame their offenses. Nevertheless, the state has reason to punish those crimes in order to deter future offenses. Tommie Shelby proposes a way out of this dilemma. He separates the state’s right to condemn from its right to punish. I raise doubts (...) about Shelby’s proposed resolution. So long as punishment is widely and reasonably understood to condemn crime, Shelby’s proposal does not resolve the dilemma. Moreover, there is reason to think the blaming aspect of punishment plays a role in the justification of its hard treatment. I conclude by considering some other ways out of the dilemma, focusing especially on how the United States might take responsibility for its complicity. (shrink)

In this paper, I argue that 'moral responsibility' refers to two concepts, not to one. In the first place, we are not ultimately morally responsible or, therefore, unqualifiedly blameworthy, due to the fact that we lack ultimate forms of control. But, second, it is legitimate to consider us to be morally responsible in another sense, and therefore qualifiedly blameworthy, once we have certain forms of control. Consequently, I argue that our normal practice of blaming is unjust, since it requires that (...) we are ultimately morally responsible. I contend that this practice must, on grounds of justice, be tempered by adequate consideration of the fact that we are not ultimately morally responsible. My proposal in this regard is that blaming be replaced by admonishment. (shrink)

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

Recently in Porter v. McCollum, the United States Supreme Court, citing “a long tradition of according leniency to veterans in recognition of their service,” held that a defense lawyer’s failure to present his client’s military service record as mitigating evidence during his sentencing for two murders amounted to ineffective assistance of counsel. The purpose of this Article is to assess, from the just deserts perspective, the grounds to believe that veterans who commit crimes are to be blamed less by the (...) State than offenders without such backgrounds. Two rationales for a differential treatment of military veterans who commit crimes are typically set forth. The Porter Court raised each, stating that we should treat veterans differently “in recognition of” both “their service” and “the intense stress and mental and emotional toll” of combat. The former factor suggests there being a “social contributions” or gratitude-based discount, whereas the latter factor points towards a “mental disturbance” discount. This Article analyzes the two accounts and raises some doubts about both. This Article then argues that a military veteran who commits a crime should not be blamed to the full extent of his blameworthiness, not necessarily because of his mental capacity nor because of his social contribution, but because the State’s hand in producing his criminality undermines its standing to blame him. (shrink)

There are communities in which disadvantaged groups experience severe inequality. For instance, poor and indigent families face many difficulties accessing their social rights. Their condition is largely the consequence of the wrong choices of those in power, either historical or more recent choices. The lack of opportunities of these deprived citizens is due to state omissions. In such communities, it is not unusual for homeless members of these particular groups to occupy abandoned lands and build their shelters there. However, almost (...) everywhere, these actions constitute a crime. The typical response to this situation is prosecution and punishment. In this paper, I will defend the occupation of public places as a consequence of the failure of governments to solve the problem of housing, and I will argue that we must distinguish a social claim from a crime and avoid the use of criminal law in these “occupation cases”. I will also argue that our right—as a community—to blame and punish these “squatters” is eroded by the fact that we perpetrated their situation of injustice. (shrink)

On the moral model of addiction, addicts are morally responsible and blameworthy for their addictive behaviours. The model is sometimes resisted on the grounds that blaming addicts is incompatible with treating addiction in a compassionate and non-punitive way. I argue the moral model is consistent with addressing addiction compassionately and non-punitively and better accounts for both the role of addicts’ agency in the recovery process. If an addict is responsible for their addictive behaviours, and that behaviour is in some way (...) bad or wrong, then that addict is blameworthy. If not, then they are not. But, if their addictive behaviour or behaviour which contributes to and perpetuates their condition of addiction, is not bad or wrong, then addiction is not an issue of moral concern. Addicts are blameworthy, but attributions of blame need not be followed by harsh treatment or punishment. Because blame and harsh treatment or punishment can be separated, there is no good reason to reject the moral model of addiction. (shrink)

Self-blame is an integral part of our lives. We often blame ourselves for our failings and experience familiar unpleasant emotions such as guilt, shame, regret, or remorse. Self-blame is also what we often aim for when we blame others: we want the people we blame to recognize their wrongdoing and blame themselves for it. Moreover, self-blame is typically considered a necessary condition for forgiveness. However, until now, self-blame has not been an integral (...) part of the theoretical debate on moral responsibility. This volume presents twelve new essays by leading moral philosophers, who set out bold new theories of the nature and ethics of self-blame, and the interconnection between self-blame and moral responsibility. The essays cast new light on traditional problems in the debate on moral responsibility and open new, exciting avenues for research in moral philosophy, moral psychology and the philosophy of punishment. (shrink)

This essay concerns Simone de Beauvoir's analysis of blame and punishment in “Œil pour œil” and the irreconcilable tensions that haunt it. I study these tensions—between the desire to blame and punish and the inability to provide moral justification for these practices—and locate their source in Beauvoir's conception of ethics in Pour une morale de l'ambiguïté. According to my reading, her ethics implies that violence violates freedom, the grounding principle of ethical life. Retaliatory and retributive judgments and (...) the punishment they uphold, regardless of whether they are exerted by individuals or by official state powers, are forms of violence and are therefore unjustifiable. The aporias of blame and punishment in “Œil pour œil” suggest that Beauvoir's ideal of ethics necessitates an abolitionist position regarding punishment. The essay ends with a reflection on the affinity between the position constructed from Beauvoir's work and feminist abolitionist theories that seek to undermine the legal, social, and political institutions that perpetuate, rather than resolve, economic, racial, gender, sex, and class inequality. (shrink)

M y aim in this paper will be to show that the concept of desert remains an important and useful concept even if one supposes that the justification of praise, blame, punishment, and reward lies solely in their influence on behaviour. The argument will be incomplete, however. I will discuss only deserved legal punishment, the broader notion of deserved harm, and, briefly, deserved blame.

Recent research in moral psychology has attempted to characterize patterns of moral judgments of actions in terms of the causal and intentional properties of those actions. The present study directly compares the roles of consequence, causation, belief and desire in determining moral judgments. Judgments of the wrongness or permissibility of action were found to rely principally on the mental states of an agent, while judgments of blame and punishment are found to rely jointly on mental states and the (...) causal connection of an agent to a harmful consequence. Also, selectively for judgments of punishment and blame, people who attempt but fail to cause harm more are judged more leniently if the harm occurs by independent means than if the harm does not occur at all. An account of these phenomena is proposed that distinguishes two processes of moral judgment: one which begins with harmful consequences and seeks a causally responsible agent, and the other which begins with an action and analyzes the mental states responsible for that action. Ó 2008 Elsevier B.V. All rights reserved. (shrink)

In this chapter I use virtue theory to critique certain contemporary punishment practices. From the perspective of virtue theory, respect for rational agency indicates a respect for choice-making as the process by which we form dispositions which in turn give rise to further choices and action. To be a moral agent one must be able to act such that his or her actions deserve praise or blame; virtue theory thus demands that moral agents engage in rational choice-making as (...) a means to develop and exercise the character traits from which culpable action issues. With respect to criminal offenders, virtue theory indicates the state is obligated to recognize offenders’ right to form their own moral character via rational choice-making, even while under state supervision. I will argue below that punishment practices should limit choice-making only to the extent necessary to achieve the functions of punishment : whenever possible, punishment should preserve opportunities for the rational exercise of character and development of virtue. This means that even within a prison setting incarcerated offenders should be able to make some choices about their daily lives. Offenders should also be offered opportunities to develop virtuous traits through rehabilitative programming such as drug addiction treatment, educational programming, and job training. I will also argue that two contemporary punishment practices unjustly undermine an offender’s moral agency. The first is the overuse of isolation sanctions, which very severely limits offender choice-making. The second is chemical castration, which results in limiting an offender’s capacity to develop his character within a specific realm of choice-making. I conclude that these two punishments violate offenders’ moral agency, and that this violation cannot be justified by appeal to the aims of incapacitation, deterrence, retribution, and rehabilitation. (shrink)

Injustice can undermine the standing states have to blame criminal offenders, and this raises a difficulty for a range of punishment theories that depend on a state's moral authority. When a state lacks the moral authority that flows from political legitimacy, its right to punish criminal lawbreakers cannot depend on a systematic claim about the legitimacy of the law. Instead, an unjust state is permitted to punish only criminal acts whose wrongness is established directly by morality, and only (...) when criminal guilt is established through legal procedures that meet minimal standards of fairness. These restrictions narrow the proper scope of criminal law and invalidate popular rationales for punishment that construe punishment as blame. (shrink)

In her recent book The Limits of Blame, Erin Kelly argues that we should rethink the nature of punishment because delivering blame is, contrary to the widely held view, not among the justifiable aims of a criminal justice system. In this paper, firstly, I discuss her case against criminal blame. Kelly argues that the emphasis on blame in the criminal justice system and in public discourse is one of the main causes of the stigma and (...) exclusion faced by those convicted for a crime. This claim might appear puzzling and, while she provides other convincing arguments against criminal blame, Kelly does not extensively defend this particular argument. To offer support for this view, I reflect on the often overlooked distinction between moral blame and criminal blame to show how the latter, unlike the former, is exclusionary and stigmatising. Secondly, I address the claim put forth by Kelly that blame should play no role in the criminal justice system at all. In light of her argument about the optional nature of moral blame, I explore the possibility that the state should leave open to victims the option to blame criminal wrongdoers in restorative justice conferences. I argue that in such contexts blame would not have the same exclusionary features of criminal blame in traditional settings and that it could serve some valuable aims articulated by communicative theories of punishment, such as the restoration of moral relationships. (shrink)

Given the current climate of political division and global conflict it is not surprising that there has been an increasing interest in how we ought to respond to perceived wrongdoing, both personal and political. In this volume, top scholars from around the world contribute all new original essays on the ethics of forgiveness, revenge, and punishment. -/- This book draws on both historical and contemporary debates in order to answer important questions about the nature of forgiveness, the power of (...) apology, the relationship between punishment and revenge, the path to reconciliation, the morality of blame, and the role of forgiveness in political conflict. -/- Chapter 16 is available open access . (shrink)

How can a system of criminal punishment be justified? In particular can it be justified if the moral demand that we respect each other as autonomous moral agents is taken seriously? Traditional attempts to justify punishment as a deterrent or as retribution fail, but Duff suggests that punishment can be understood as a communicative attempt to bring a wrong-doer to repent her crime. This account is supported by discussions of moral blame, of penance, of the nature (...) of the law's demands, and of the proper meaning and purpose of the criminal process of trial and verdict: it deals both with the ideals that should inform a system of criminal law and the extent to which those ideals are actualised in existing institutions and practices. The conclusion is pessimistic: punishment cannot be justified within our legal system; and this gap between the ideal and the actual presents us with serious moral dilemmas. (shrink)

How can a system of criminal punishment be justified? In particular can it be justified if the moral demand that we respect each other as autonomous moral agents is taken seriously? Traditional attempts to justify punishment as a deterrent or as retribution fail, but Duff suggests that punishment can be understood as a communicative attempt to bring a wrong-doer to repent her crime. This account is supported by discussions of moral blame, of penance, of the nature (...) of the law's demands, and of the proper meaning and purpose of the criminal process of trial and verdict: it deals both with the ideals that should inform a system of criminal law and the extent to which those ideals are actualised in existing institutions and practices. The conclusion is pessimistic: punishment cannot be justified within our legal system; and this gap between the ideal and the actual presents us with serious moral dilemmas. (shrink)

Negligence is a problematic basis for being morally blamed and punished for having caused some harm, because in such cases there is no choice to cause or allow—or risk causing or allowing—such harm to occur. The standard theories as to why inadvertent risk creation can be blameworthy despite the lack of culpable choice are that in such cases there is blame for: (1) an unexercised capacity to have adverted to the risk; (2) a defect in character explaining why one (...) did not advert to the risk; (3) culpably acquiring or failing to rid oneself of these defects of character at some earlier time; (4) flawed use of those practical reasoning capacities that make one the person one is; or (5) chosen violation of per se rules about known precautions. Although each of these five theories can justify blame in some cases of negligence, none can justify blame in all cases intuitively thought to be cases of negligence, nor can any of these five theories show why inadvertent creation of an unreasonable risk, pure and simple, can be blameworthy. (shrink)

Negligence is a problematic basis for being morally blamed and punished for having caused some harm, because in such cases there is no choice to cause or allow—or risk causing or allowing—such harm to occur. The standard theories as to why inadvertent risk creation can be blameworthy despite the lack of culpable choice are that in such cases there is blame for: (1) an unexercised capacity to have adverted to the risk; (2) a defect in character explaining why one (...) did not advert to the risk; (3) culpably acquiring or failing to rid oneself of these defects of character at some earlier time; (4) flawed use of those practical reasoning capacities that make one the person one is; or (5) chosen violation of per se rules about known precautions. Although each of these five theories can justify blame in some cases of negligence, none can justify blame in all cases intuitively thought to be cases of negligence, nor can any of these five theories show why inadvertent creation of an unreasonable risk, pure and simple, can be blameworthy. (shrink)

This paper outlines a new conative theory of blame. I argue that the best-known conative approaches to blame (Scanlon 1998, 2008, Sher 2006a) misrepresent the cognitive and dispositional components of blame. Section 1 argues, against Scanlon and Sher, that blaming involves the judgment that an act or state is the fault of the blamed. I also propose an alternative dispositional condition on which blaming only occurs if it matters to the blamer whether the blamed gets the (...) class='Hi'>punishment that she deserves. In Section 2, I discuss objections to judgment-based accounts of blame (that they cannot tell the difference between blaming and judging to be blameworthy, that they cannot explain why blame is often accompanied by emotion, and that they cannot make sense of irrational blame), and I argue that my proposal can handle all of them. (shrink)

Blame and also punishment do not reach many agents in the sense that many agents are not motivated to ethically self‐correct, and in fact, may be worsened by these practices. The main reasons agents may not be reached by them are that the agent's second nature may make inaccessible to him a sound appreciation of ethical considerations, and the fixity of mature character may make ethical self‐correction practically impossible. Still, when they are ethically rationalized, blame and (...) class='Hi'>punishment seem to be requirements. Even the most plausible secular or naturalistic ethics involves an important kind of incompleteness and unclarity concerning this issue. The Jewish and Christian traditions involve conceptions of the accessibility of ethical considerations and also the possibility of character change in ways that enable us to overcome the perplexity about blame and punishment. They are not ‘good for nothing’ even when they fail to improve agents. The religious traditions' conceptions of moral agency and the possibility of perfection enable us to see why there are reasons not to ethically ‘write off’ even persistently vicious agents. Moreover, we can see that the fulfilling of ethical requirements is an enabling condition for perfection that is not merely ethical. To highlight the contrast between the naturalistic view and the theistic view, Aristotle's moral psychology and moral epistemology are contrasted with those of Maimonides and Aquinas, both of whom borrow heavily from Aristotle, but fundamentally transform what they borrow. (shrink)

Blame and also punishment do not reach many agents in the sense that many agents are not motivated to ethically self‐correct, and in fact, may be worsened by these practices. The main reasons agents may not be reached by them are that the agent's second nature may make inaccessible to him a sound appreciation of ethical considerations, and the fixity of mature character may make ethical self‐correction practically impossible. Still, when they are ethically rationalized, blame and (...) class='Hi'>punishment seem to be requirements. Even the most plausible secular or naturalistic ethics involves an important kind of incompleteness and unclarity concerning this issue. The Jewish and Christian traditions involve conceptions of the accessibility of ethical considerations and also the possibility of character change in ways that enable us to overcome the perplexity about blame and punishment. They are not ‘good for nothing’ even when they fail to improve agents. The religious traditions' conceptions of moral agency and the possibility of perfection enable us to see why there are reasons not to ethically ‘write off’ even persistently vicious agents. Moreover, we can see that the fulfilling of ethical requirements is an enabling condition for perfection that is not merely ethical. To highlight the contrast between the naturalistic view and the theistic view, Aristotle's moral psychology and moral epistemology are contrasted with those of Maimonides and Aquinas, both of whom borrow heavily from Aristotle, but fundamentally transform what they borrow. (shrink)

This paper argues that John Fischer and Mark Ravizza's compatibilist theory of moral responsibility cannot justify reactive attitudes like blame and desert-based practices like retributive punishment. The problem with their account, I argue, is that their analysis of moderateness in regards to reasons-responsiveness has the wrong normative features. However, I propose an alternative account of what it means for a mechanism to be moderately reasons-responsive which addresses this deficiency. In a nut shell, while Fischer and Ravizza test for (...) moderate reasons-responsiveness by checking how a mechanism behaves in a given time slice across other possible worlds, on my account we should ask how that mechanism behaves in this world over a span of time – specifically, whether it responds to reasons sufficiently often. My diachronic account is intended as a drop-in replacement for Fischer and Ravizza's synchronic account. (shrink)

Commentators seemingly agree about what negligence is—and how it is contrasted from recklessness. They also appear to concur about whether particular examples (both real and hypothetical) portray negligence. I am less confident about each of these matters. I explore the distinction between recklessness and negligence by examining a type of case that has generated a good deal of critical discussion: those in which a defendant forgets that he has created a substantial and unjustifiable risk of harm. Even in this limited (...) kind of example, no single perspective on blame and liability proves to be defensible. Nonetheless, a discussion of this type of case is helpful because it enables us to appreciate the difficulties in understanding the nature of negligence and the ensuing uncertainty about whether penal liability for negligence is ever warranted. (shrink)

Many retributivists appear to presume that the concept of blame that figures in their accounts of just punishment is the same one people employ in their interpersonal moral relationships. David Shoemaker contends that this presumption is mistaken. Moral blameworthiness, he maintains, tracks only the meaning of a person's action––his reasons for acting as he did––while criminal blameworthiness, which he equates with liability to punishment, tracks only the impermissibility of an agent's action. I contest the second of these (...) two claims, and in doing so defend the retributivists’ presumption. First, I argue that the purpose of a criminal trial can be plausibly construed as establishing that the defendant is morally blameworthy for criminal conduct by eliminating reasons to think she is not. Second, I defend the claim that the criminal law should punish people for their failure to act with proper regard for others’ legally protected interests against Shoemaker's arguments to the contrary. Finally, I show that.. (shrink)

Blaming (construed broadly to include both blaming-attitudes and blaming-actions) is a puzzling phenomenon. Even when we grant that someone is blameworthy, we can still sensibly wonder whether we ought to blame him. We sometimes choose to forgive and show mercy, even when it is not asked for. We are naturally led to wonder why we shouldn’t always do this. Wouldn’t it be a better to wholly reject the punitive practices of blame, especially in light of their often undesirable (...) effects, and embrace an ethic of unrelenting forgiveness and mercy? In this paper I seek to address these questions by offering an account of blame that provides a rationale for thinking that to wholly forswear blaming blameworthy agents would be deeply mistaken. This is because, as I will argue, blaming is a way of valuing, it is “a mode of valuation.” I will argue that among the minimal standards of respect generated by valuable objects, notably persons, is the requirement to redress disvalue with blame. It is not just that blame is something additional we are required to do in properly valuing, but rather blame is part of what that it is to properly value. Blaming, given the existence of blameworthy agents, is mode of valuation required by the standards of minimal respect. To forswear blame would be to fail value what we ought to value. (shrink)

In a recent article in this journal Brandon Warmke argues against my account of forgiveness. I here offer answers to his objections, and suggest ways in which I think he has misinterpreted my views. This exchange with Warmke also gives me the opportunity to insist on my general thesis that it is advisable to study punishment and forgiveness together. It is precisely the conceptual proximity of these two phenomena which make my account of forgiveness uncommon, and which make it (...) more promising than other accounts. (shrink)

The editors of the volume, Krisanna Scheiter and Paula Satne, introduce some of the central themes in the book and briefly summarise the content of the different chapters. The chapters examine the merits and pitfalls of common reactive attitudes to wrongdoing, such as anger, hatred, resentment, and forgiveness, taking into account both historical perspectives and contemporary debates. The introduction explains some of the philosophical debates about the nature and the desirability of anger, and the alleged distinction between revenge and (...) class='Hi'>punishment (1.1). The introduction also surveys deep disagreements regarding the normativity of interpersonal forgiveness and indeed the very nature of forgiveness, blame, and resentment, which run through the different chapters of the book (1.2). The third section of the introduction (1.3) turns its attention to forgiveness, punishment, and reconciliation in the political sphere and the philosophical debates surrounding the nature and desirability of political forgiveness and its relation to the moral duty to remember after an atrocity, as well as the relationship between political reconciliation, apologies, and punishment. The volume offers cutting-edge scholarship on these issues and a new way to interpret and understand these concepts by important figures in the history of philosophy. The hope is that the different contributions in this volume will help the reader understand the philosophical issues that are at stake when we think about our responses to both interpersonal and political wrongdoing as well as the considerations that underpin conflicts and our attempts to resolve them. (shrink)

Contemporary criminal justice systems are extraordinarily unfair. Focusing on Hyman Gross’s Crimes and Punishment: A Concise Moral Critique, however, I identify ways in which scholarly criticisms of these criminal justice systems tend to miss their target. In particular, I argue against the assumption that in order to criticize these criminal justice systems we need to cast doubt on the very practice of blaming people and on the notion of desert, or that we need to reject wholesale retributive rationales for (...) punishment. Quite the contrary: an important reason why contemporary criminal justice systems are unfair is that they punish many people undeservedly. (shrink)

Research has documented that individuals consider outcomes, intentions, and transgressor negligence when making morally relevant judgments (Nobes, Panagiotaki, & Engelhardt, 2017). However, less is known about whether individuals attend to both victim and transgressor negligence in their evaluations. The current study measured 3‐ to 6‐year‐olds (N = 70), 7‐ to 12‐year‐olds (N = 54), and adults' (N = 97, ages 18–25 years) moral judgments about scenarios in which an accidental transgression occurred involving property damage or physical harm. Participants were either (...) assigned to conditions where the victim or the transgressor was negligent. Results revealed attention to negligence among all participants across a range of different moral judgment measures (including acceptability judgments, punishment judgments, and attributions of blame), with age‐related increases in attention to negligence evident. Results provide novel evidence that children and adults consider not just outcomes and intentions, but also the role of negligence in both victims and transgressors, when making social decisions. (shrink)

Traditional justifications of punishment, deterrence theory and retributivism, are subject to counterexamples that show that they do not explain why generally we have positive reason to punish those who commit serious crimes. Nor do traditional views sufficiently explain why criminals cannot reasonably object to punishment on the grounds that it deprives them of goods to which they are usually entitled. I propose an alternative justification of punishment, grounded in its blaming function. According to the “reactive theory,” (...) class='Hi'>punishment is justified because it expresses the appropriate indignation of the community. I argue that this blaming function provides a superior account of the positive reason to punish and of why serious criminals cannot reasonably object to their punishment. (shrink)