Risk decisions often appear unsatisfactory after a calamity has taken place. This holds even when they are products of systematic risk analysis. Yet, if relevant considerations available to be known pre-accident were adequately taken into account and safety measures implemented accordingly, nobody seems morally blameworthy. In this paper, I advance a two-way argument. Firstly, I show how analysis of post-accident apologizing sheds new light on vexed tensions in ethical assessment of risk impositions. This amounts to exposing conflicting moral intuitions in (...) risk decisions, discussing problematic tenets in risk analysis as well as outlining three lines of arguments that destabilize the very notion of correct risk analysis. The analysis indicates that bringing different discussions of moral blameworthiness together facilitates resolving the tensions. It also calls for further and early-on collaboration between risk theorists and ethicists in order to carry these insights to risk analysis. Secondly, I argue that analysis of risk decisions, in part, reveals a discrepancy between the definitional work done on apology and what is required by ethics. Virtually every suggestion for the gold standard for apology involves moral blameworthiness as a necessary condition. I highlight different kinds of cases in which nobody is culpable, but an apology can be morally fitting or required. It would be nonsensical to say that, in these cases, one ought to apologize, but in a disingenuous manner. (shrink)

This article deals with the rationality and functionality of the existence of regret and its influence on decision making. First, regret is defined as a negative, cognitively based emotion that we experience when realizing or imagining that our present situation would have been better had we acted differently. Next, it is discussed whether this experience can be considered rational and it is argued that rationality only applies to what we do with our regrets, not to the experience itself. Then, research (...) is reviewed showing that both the anticipation of future regret and the experience of retrospective regret influence behavior. The influence of anticipated regret can be considered rational as long as the decision maker can accurately predict the regret that may result from the decision. The influence of experienced regret cannot be considered rational, since decisions should be based on future outcomes, not historical ones. However, influence of experienced regret can be called functional since it may result in increased learning from our mistakes. (shrink)

On the strict liability view, excusably ignorant agents must cover all the wrongful costs they have inadvertently brought onto others, although it is undisputed that they are not at fault. On the fault liability view, victims need not be compensated by excusably ignorant harmers. To some, both views appear harsh. Under fault liability, those who cause harm are seen as getting off scot-free while victims suffer. Under strict liability, agents are viewed as being burdened without any fault of their own. (...) In response to a seemingly intractable conflict between competing theories, some have called for compromise. Caney :210, 2010) has proposed a “modified strict liability principle” which was further developed by Bell :391–411, 2011). The principle’s revision is promising because it gives substantive reason for why and how middle ground should be achieved. In this paper, I assess this proposal and the prospects for mediating between strict and fault liability more generally. Specifically, I introduce concepts, present Bell’s principle of limited liability, critique it, and explore general avenues for finding middle ground between strict and fault liability. (shrink)

As a result there is a considerable literature on the topic. I think, however, that the treatment in the literature is incomplete because there is a failure to examine the relevant emotions in significant detail, and in particular to consider their complexity and the conditions of their warrant. As a result, both defenses and critiques of the motive of duty in terms of reliability are inadequate as they stand.

It is unclear in the Groundwork exactly what Kant takes to be necessary for an act to be morally good or worthy. Traditionally it has been thought that for Kant there are two conditions: it is 1) done in accord with duty, or the moral law, and 2) done for the sake of duty alone. The second condition is commonly thought to entail that an act is not morally good if the agent has a ‘supporting inclination’ or desire to do (...) what is right — be it an inclination of self-interest, or one stemming from some emotion of ‘fellow feeling,’ such as sympathy, compassion, or love. Recent interpreters, however, claim that Kant is not so strict, because for him the mere presence of a supporting inclination does not necessarily impugn the moral goodness of a dutiful act. The moral goodness of an act in accord with duty is compromised, it is claimed, only if some such supporting inclination is the actual motive for the dutiful act. Moral worth, on this view, requires that duty is the actual motive, and, so long as it is, it doesn’t matter whether there is a supporting inclination or not. Be that as it may, it is clear in the Groundwork that for Kant there is something special about the motive of duty. A common suggestion for what makes it special is that it is more reliable than other motives in producing right action. Although it is debatable whether such reliability is the most important consideration for Kant and contemporary Kantians, there are clear indications that it is for them a matter of concern — perhaps a necessary but not sufficient condition for moral worth. As a result there is a considerable literature on the topic. I think, however, that the treatment in the literature is incomplete because there is a failure to examine the relevant emotions in significant detail, and in particular to consider their complexity and the conditions of their warrant. As a result, both defenses and critiques of the motive of duty in terms of reliability are inadequate as they stand. (shrink)

The claim that (OIC) “ought” implies “can” (i.e., you have an obligation only at times at which you can obey it) entails that (1) obligations that become infeasible are lost (i.e., you stop having an obligation when you become unable to obey it). Moreover, the claim that (2) obligations that become overridden are not always lost (i.e., sometimes you keep having an obligation when you acquire a stronger incompatible obligation) entails that (ONIM) “ought” does not imply “must” (i.e., some obligations (...) are not all-things-considered). It is standard to infer ONIM—via (2)—from the premise that becoming overridden can result in “moral residue” (e.g., in the appropriateness of feeling regret). But then, I note, one could similarly infer not-OIC—via not-(1)—from the premise that becoming infeasible can result in moral residue. So there is an argument against OIC which parallels the standard argument for ONIM. I respond by rejecting both arguments: it is a mistake to always infer from the presence of moral residue that an obligation is not lost. Then I propose new arguments both for ONIM and for OIC. (shrink)

A common idea about assessing meaning in life is that one draws up a list of those various positive values that one has achieved and subtracts from it one's negative deeds in life. The resulting balance is the meaningfulness of one's existence. I call this the ledger theory. Drawing on the work of Raimond Gaita and Julian Barnes's novel The Sense of an Ending, I argue for a phenomenology of remorse that gives us reason to reject the ledger theory. Even (...) those agents whose lives have been exceptionally meaningful in some respects may remain haunted by their past. Certain sorts of misdeeds – those that involve significant, irreparable damage – leave life marred in such a way that the negative remains, even in the face of all the meaningful deeds of life. (shrink)

In this paper I defend and develop Bernard Williams’ claim that the ‘constitutive thought’ of regret is ‘something like “how much better if it had been otherwise”’. An introductory section on cognitivist theories of emotion is followed by a detailed investigation of the concept of ‘agent-regret’ and of the ways in which the ‘constitutive thought’ might be articulated in different situations in which agents acknowledge casual responsibility for bringing about undesirable outcomes. Among problematic cases discussed are those in which agents (...) have caused harm through no fault of their own, or have been constrained to choose the lesser of two evils or to act against their moral values. R. Jay Wallace’s ‘bourgeois predicament’ and related cases, in which we recognize that our present advantages have flowed from regrettable antecedents, further show that regret is often not a simple emotion, and it is argued that conflicted regrets are sometimes unavoidable. Finally, the paper looks at Descartes’ account of regret as a form of sadness engendered by the recollection of irrecoverable happy experiences, to which the ‘constitutive thought’ does not readily apply. It is suggested that what Descartes is discussing is a different genre of emotion for which ‘nostalgia’ might be a better name. (shrink)

In many jurisdictions, an offender’s remorse is considered to be a relevant factor to take into account in mitigation at sentencing. The growing philosophical interest in the use of neurointerventions in criminal justice raises an important question about such remorse-based mitigation: to what extent should technologically facilitated remorse be honoured such that it is permitted the same penal significance as standard instances of remorse? To motivate this question, we begin by sketching a tripartite account of remorse that distinguishes cognitive, affective (...) and motivational elements of remorse. We then describe a number of neurointerventions that might plausibly be used to enhance abilities that are relevant to these different elements of remorse. Having described what we term the ‘moral value’ view of the justification of remorse-based mitigation, we then consider whether using neurointerventions to facilitate remorse would undermine its moral value, and thus make it inappropriate to honour such remorse in the criminal justice system. We respond to this question by claiming that the form of moral understanding that is incorporated into a genuinely remorseful response grounds remorse’s moral value. In view of this claim, we conclude by arguing that neurointerventions need not undermine remorse’s moral value on this approach, and that the remorse that such interventions might facilitate could also be authentic to the recipient of the neurointerventions that we discuss. (shrink)

How can we explain the rational diminution of backward-looking emotions without resorting to pragmatic or wrong kind of reason explanations? That is to say, how can the diminution of these emotions not only be rational but fitting? In this paper, I offer an answer to this question by considering the case of anger. In Sect. 1, I examine Pamela Hieronymi’s account of forgiveness as the rational resolution of resentment. I argue that Hieronymi’s account rests on an assumption about the rationality (...) of emotions —namely, that a rational change in emotion entails a change in the fact that constitutes the reason for the emotion. Then, in Sect. 2, I consider Agnes Callard’s recent criticism of accounts like Hieronymi’s as well as Callard’s alternative account of the rational resolution of anger. I argue that Callard offers a promising account but fails to explain how it avoids the criticism she levels against Hieronymi and others. Finally, in Sect. 3, I reject Hieronymi’s assumption and argue that an emotion can cease to be fitting without any change in the fact that constitutes the reason for it. I also explain how my proposal can complement Callard’s account of the rational dissipation of anger. My discussion of anger leads to a solution to the general problem about backward-looking emotions: a fitting backward-looking emotion can fittingly diminish when it is part of a process that is itself a fitting response to the past occurrence. (shrink)

ABSTRACT Some epistemologists hold that all rational norms are fundamentally concerned with the agent’s states or attitudes at an individual time [Hedden 2015, 2016; Moss 2015]; others argue that all rational norms are fundamentally concerned with processes [Podgorski 2017]. This distinction is not drawn in discussions of emotional rationality. As a result, a widely held assumption in the literature on emotional rationality has gone unexamined. I employ Abelard Podgorski’s argument from rational delay to argue that many emotional norms are fundamentally (...) concerned with emotional processes. I also claim that the main response available to the synchronist about belief is not available to the synchronist about emotions and, therefore, fundamental process norms are more plausible than epistemologists tend to believe. (shrink)

The ordinary human concerns with the past and the future can be seen both as forms of suffering and as illusory because they involve the failure to appreciate the primary reality of the present. In this lecture I argue that while there are certainly ways of being occupied with past or future times that we have reason to criticize, such criticism cannot base itself on any metaphysical claim to the singular or exclusive reality of the present. The task of developing (...) useful forms of describing and assessing the different ways we can go wrong in temporalizing our lives is hindered rather than helped by the suggestion that our concerns with the past and with the future are as such forms of attachment to the Unreal. (shrink)

In this paper, I explore the role that regret does and should play in medical decision-making. Specifically, I consider whether the possibility of a patient experiencing post-treatment regret is a good reason for a clinician to counsel against that treatment or to withhold it. Currently, the belief that a patient may experience post-treatment regret is sometimes taken as a sufficiently strong reason to withhold it, even when the patient makes an explicit, informed request. Relatedly, medical researchers and practitioners often understand (...) a patient’s post-treatment regret to be a significant problem, one that reveals a mistake or flaw in the decision-making process. Contrary to these views, I argue that the possibility of post-treatment regret is not necessarily a good reason for withholding the treatment. This claim is justified by appealing to respect for patient autonomy. Furthermore, there are occasions when the very reference to post-treatment regret during medical decision-making is inappropriate. This, I suggest, is the case when the decision concerns a “personally transformative treatment”. This is a treatment that alters a person’s identity. Because the treatment is transformative, neither clinicians nor the patient him/herself can ascertain whether post-treatment regret will occur. Consequently, I suggest, what matters in determining whether to offer a personally transformative treatment is whether the patient has sufficiently good reasons for wanting the treatment at the time the decision is made. What does not matter is how the patient may subsequently be changed by undergoing the treatment. (shrink)

In this paper, I develop and defend the ‘Justified Decision Perspective’ in answer to the question of when we should regret the things we have done. I claim that one should not regret a past decision one has made so long as it was justified in relation to the kind of person one was at the time of acting. On this time-indexing account, judging a decision to be justified – at least for the purposes of assessing one’s regrets – is (...) a matter of identifying the practical reasons that were epistemically available to the agent when she was deliberating about what to do. Accordingly, when responding to her regrets, an agent should not invoke reasons that existed but were epistemically unavailable to her when she was deliberating; or reasons that only came into existence after she acted. The JDP has important implications for prospective regret. In particular, it implies we should worry less about experiencing regret in the future than many of us do. Thus, my overall aim is to show that we often have reason to reject our regrets, which means that regret should play a less prominent and painful role in our lives than it does currently. (shrink)

Rüdiger Bittner argues that regret is not useful and so it is always unreasonable to feel and express it. In this paper, I argue that regret is often reasonable because regret has a communicative function: it communicates where we stand with respect to things we have done and outcomes that we have caused. So, I not only argue that Bittner’s argument is unsuccessful, I also shed light on the nature and purpose of regret.

Michael Moore and I agree about the moral importance of how our actions turn out. We even agree about some of the arguments that establish that moral importance. In Causation and Responsibility, however, Moore foregrounds one argument that I do not find persuasive or even helpful. In fact I doubt whether it even qualifies as an argument. He calls it the “experiential argument.” In this comment I attempt to analyze Moore's “experiential argument” in some detail and thereby to bring out (...) why it does not help. In the process I raise some problems about the rationality of the emotions, which may be where Moore and I part company. We both believe that emotions should be taken more seriously by moral philosophy. But apparently we have radically different views about what this means. (shrink)

What does bodily pain have in common with mental pain? According to “evaluativism,” both are representations of something bad. This paper puts forward three claims. First, that evaluativism vis-à-vis bodily pain is false for it renders it irrational to take painkillers. Second, that evaluativism vis-à-vis mental pain is true. Third, that this difference between bodily and mental pain stems from the fact that only the latter is normative, that is, based on reasons. The normative difference between bodily and mental pain (...) implies that mental pains are not bad, while bodily pains are not representations. (shrink)

Emotion as patheception. . ???aop.label???. doi: 10.1080/13869795.2013.874494.

In ‘Moral Luck,’ Bernard Williams famously argued that “there is a particularly important species of regret, which I shall call ‘agent-regret,’ which a person can feel only towards his past actions.” Much subsequent commentary has focused on Williams’s claim that agent-regret is not necessarily restricted to voluntary actions, and questioned whether such an attitude could be rationally justified. This focus, however, obscures a more fundamental set of questions raised by Williams’s discussion: what is the role in our moral psychology of (...) evaluative attitudes that relate essentially to past exercises of our agency—occurrences which, by their very nature, cannot be repeated? On a standard conception, regret is directed principally towards actions that resulted from suboptimal deliberation. On this view, the main point of regret is to guide us away from similar poor decisions in the future. But Williams’s key insight in ‘Moral Luck,’ I argue, is that there is a mode of evaluation of one’s past actions and decisions that does not track considerations one could and should have been responsive to at the time, and is for this reason essentially retrospective. From this perspective, the full significance of regret cannot be captured in terms of a disposition to deliberate better in the future. Rather, the particular kind of painful of consciousness of the past embodied in regret amounts to a reflective, and essentially backward-looking, insight into the contingency and finitude of our own agency—that I am a particular person leading a particular life, and that the possibility of leading a different life is now gone forever. I end by making some speculative comments about the intractable question whether it is ultimately good or desirable to be disposed to regret one’s past mistakes. (shrink)

It has been argued - most prominently in Harry Frankfurt's recent work - that the normative authority of personal commitments derives not from their intrinsic worth but from the way in which one's will is invested in what one cares about. In this essay, I argue that even if this approach is construed broadly and supplemented in various ways, its intrasubjective character leaves it ill-prepared to explain the normative grip of commitments in cases of purported self-betrayal. As an alternative, I (...) sketch a view that focuses on intersubjective constraints of intelligibility built into social practices and on the pragmatics of how those norms are contested in an ongoing fashion. (shrink)