While the contemporary philosophical literature is replete with discussion of the control or freedom required for moral responsibility, only more recently has substantial attention been devoted to the knowledge or awareness required, otherwise called the epistemic condition. This area of inquiry is rapidly expanding, as are the various positions within it. This chapter introduces two major positions: the reasonable expectation view and the quality of will view. The chapter then explores two dimensions of the epistemic condition that serve as fault (...) lines along which these two views diverge. The first dimension concerns different kinds of ignorance. The second concerns what agents can be directly blameworthy for. The chapter closes by sketching a novel approach that incorporates advantages of opposing positions on this topic. (shrink)

Philosophical theories of agency have focused primarily on actions and activities. But, besides acting, we often omit to do or refrain from doing certain things. How is this aspect of our agency to be conceived? This book offers a comprehensive account of omitting and refraining, addressing issues ranging from the nature of agency and moral responsibility to the metaphysics of absences and causation. Topics addressed include the role of intention in intentional omission, the connection between negligence and omission, the distinction (...) between doing and allowing, and the distinction in law between act and omission. (shrink)

This article presents an analytic critique of the predominant revisionist theoretical paradigm of just war (henceforth: revisionism). This is accomplished by means of a precise description and explanation of the practicability problem that confronts it, namely that soldiers that revisionism would deem “unjust” are bound to fail to fulfil the duties that revisionism imposes on them, because these duties are overdemanding. The article locates the origin of the practicability problem in revisionism’s overidealized conception of a soldier as an individual rational (...) agent analogous to the aggressor or defender in a case of lethal self-defense, who is capable of reflecting on the morality of his status in war and of the killing he performs and thus of recognizing his revisionist duties. Revisionism, however, ignores the following fact: Killing in war is not a natural human behavior. This is why training soldiers to kill is—and arguably always has been—a necessity for the existence of war and the killing that occurs in it. Moreover, this training involves a certain level of moral desensitization to violence whose goal is to prevent soldiers from thoroughly reflecting on the morality of the killing they engage in. Hence, war and killing can only exist if soldiers are trained in such a way that they do not reflect on whether they could be addressees of revisionist duties in the first place. This means that military training is a “constitutive condition” of soldiers and war, which is why it cannot excuse their noncompliance with revisionist duties, thus making these duties categorically overdemanding. The argument here draws on the paradigmatic example of modern US military killing conditioning (MC), but embeds it into a broader military-historical perspective that describes how soldiers have always needed to be mentally and morally influenced in order to enable war and killing. The article’s explanation of revisionism’s practicability problem has a constructive consequence for future theory-building in the ethics of war: It implies that a potentially revised ethical theory of war must necessarily analyze the institutions that allocate belligerent resources, if it aims to morally assess battlefield behavior in a practicable manner. (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)

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.

Can nonhuman animals and artificial intelligence (AI) entities be attributed moral agency? The general assumption in the philosophical literature is that moral agency applies exclusively to humans since they alone possess free will or capacities required for deliberate reflection. Consequently, only humans have been taken to be eligible for ascriptions of moral responsibility in terms of, for instance, blame or praise, moral criticism, or attributions of vice and virtue. Animals and machines may cause harm, but they cannot be appropriately ascribed (...) moral responsibility for their behavior. This thesis challenges the conventional paradigm by proposing an alternative approach where moral agency is conceived as the competence to participate in moral responsibility practices. By shifting focus from intra-individual to contextual and socially situated features, this practice-focused approach appears to make the attribution of moral agency to nonhuman animals and AI entities more plausible than commonly assumed. Moreover, considering the current and potential future prevalence of nonhuman animals and AI entities in everyday settings and social contexts, a potential extension of moral agency to such entities could very well transform our social, moral, and legal practices. Hence, this thesis proposes that the attribution or withholding of moral agency to different entities should be carefully evaluated, considering the potential normative implications. (shrink)

According to an influential view by Elizabeth Harman, moral ignorance, as opposed to factual ignorance, never excuses one from blame. In defense of this view, Harman appeals to the following considerations: that moral ignorance always implies a lack of good will, and that moral truth is always accessible. In this paper, I clearly distinguish these considerations, and present challenges to both. If my arguments are successful, sometimes moral ignorance excuses.

Recent interest in the epistemic condition on moral responsibility has raised a new challenge to the view that persons are directly responsible for negligent conduct. According to an influential ar...

Midwest Studies In Philosophy, EarlyView.

An agent is morally competent if she can respond to moral considerations. There is a debate about whether agents are open to moral blame only if they are morally competent, and Dana Nelkin’s “Psychopaths, Incorrigible Racists, and the Faces of Responsibility” is an important contribution to this debate. Like others involved in this dispute, Nelkin takes the case of the psychopath to be instructive. This is because psychopaths are similar to responsible agents insofar as they act deliberately and on judgments (...) about reasons, and yet psychopaths lack moral competence. Nelkin argues that, because of their moral incompetence, vices such as cruelty are not attributable to psychopaths. It follows that psychopaths are not open to moral blame since their behavior is only seemingly vicious. I have three aims in this reply to Nelkin. First, I respond to her claim that psychopaths are not capable of cruelty. Second, I respond to the related proposal—embedded in Nelkin’s “symmetry argument”—that a “pro-social psychopath” would not be capable of kindness. My responses to these claims are unified: even if the psychopath is not capable of “cruelty,” and the pro-social psychopath is not capable of “kindness,” the actions of these agents can have a significance for us that properly engages our blaming and praising practices. Finally, I argue that Nelkin’s strategy for showing that moral competence is required for cruelty supports a stronger conclusion than she anticipates: it supports the conclusion that blameworthiness requires not just moral competence, but actual moral understanding. (shrink)

Explores five fault lines in the fledgling field of responsibility theory, serious methodological disputes traceable to P.F. Strawson's "Freedom and Resentment.".

Many philosophers think that a necessary condition on moral blameworthiness is that the wrongdoer can reasonably be expected to avoid the action for which she is blamed. Those who think so assume as a matter of course that the expectations at issue here are normative expectations that contrast with the non-normative or predictive expectations we form concerning the probable conduct of others, and they believe, or at least assume, that there is a clear-cut distinction between the two. In this paper (...) I put this widespread assumption under scrutiny and argue that it’s mistaken: although predictive and normative expectations are indeed distinct, there is no sharp separation between them. On the contrary, predictive expectations can have a substantial bearing on normative expectations in two related ways: they can recalibrate what is reasonable to expect of agents when responsibility attributions are at stake and they can help to uncover previously undetected excusing conditions. I illustrate my claims with the famous bystander effect from social psychology and show that it yields predictive expectations that affect normative expectations in these two ways. (shrink)

In this paper I sketch a socially situated account of responsible agency, the main tenet of which is that the powers that constitute responsible agency are themselves socially constituted. I explain in detail the constitution relation between responsibility-relevant powers and social context and provide detailed examples of how it is realized by focusing on what I call ‘expectations-generating social factors’ such as social practices, cultural scripts, social roles, socially available self-conceptions, and political and legal institutions. I then bring my account (...) to bear on the debate about the exculpatory potential of moral ignorance. I show that a prominent position in this debate – the position that denies that moral ignorance exculpates – is grounded on an individualistic and acontextualist conception of moral capacities, moral cognition, and blameworthiness, and that this conception leads those philosophers who endorse it to make a number of questionable claims regarding the ability of ordinary agents to overcome their moral ignorance and the culpability they bear for the latter. I conclude by indicating how my socially situated account addresses the issue of moral ignorance. (shrink)

Control accounts of moral responsibility argue that agents must possess certain capacities in order to be blameworthy for wrongdoing. This is sometimes thought to be revisionary, because reflection on our moral practices reveals that we often blame many agents who lack these capacities. This paper argues that Control accounts of moral responsibility are not too revisionary, nor too permissive, because they can still demand quite a lot from excused wrongdoers. Excused wrongdoers can acquire duties of reconciliation, which require that they (...) improve themselves, make reparations for the harm caused, and retract the meaning expressed in the original wrong. Failure to do these things expresses a lack of regard for the victims, and can make those wrongdoers appropriate targets of blame. (shrink)

This paper draws attention to a fundamental problem for a version of the tracing strategy defended by a number of theorists in the current literature (Rosen 2004, Fischer and Tognazzini 2009). I argue that versions of the tracing strategy that require reasonable foreseeability are in tension with the view that blameless ignorance excuses. A stronger version of the tracing strategy is consistent with the view that blameless ignorance excuses and is therefore preferable for those tracing theorists who wish to continue (...) maintaining that it does. (shrink)

Theorists attending to the epistemic condition on responsibility are divided over whether moral ignorance is ever exculpatory. While those who argue that reasonable expectation is required for blameworthiness often maintain that moral ignorance can excuse, theorists who embrace a quality of will approach to blameworthiness are not sanguine about the prospect of excuses among morally ignorant wrongdoers. Indeed, it is sometimes argued that moral ignorance always reflects insufficient care for what matters morally, and therefore that moral ignorance never excuses. Furthermore, (...) quality of will theorists treat their skepticism about excuses for the morally ignorant as a natural implication of their approach. It is therefore unsurprising that, while many have argued for the blamelessness of certain morally ignorant agents on grounds concerning reasonable expectation, the possibility that morally ignorant agents might be blameless even according to quality of will views has not been adequately addressed. I illustrate and explain how it is possible for morally ignorant agents to display sufficient care for the morally relevant features of their wrong behavior. Thus, even if quality of will views are correct, moral ignorance sometimes excuses. (shrink)

It is intuitive that circumstantial ignorance, even when culpable, can mitigate blameworthiness for morally wrong behavior. In this paper I suggest an explanation of why this is so. The explanation offered is that an agent’s degree of blameworthiness for some action depends at least in part upon the quality of will expressed in that action, and that an agent’s level of awareness when performing a morally wrong action can make a difference to the quality of will that is expressed in (...) it. This explanation makes use of Holly Smith’s distinction between benighting and benighted actions as well as a notion developed here called “capture.”. (shrink)

Some philosophers think that if someone acts wrongly while falsely believing that her act is permissible, this moral mistake cannot excuse her wrongdoing. And some think that this is because it is morally blameworthy to fail to appreciate the moral significance of non‐moral facts of which one is aware, such that mistakenly believing that one's act is permissible when it is in fact wrong is itself morally blameworthy. Here I challenge the view that it is blameworthy to fail to appreciate (...) the moral significance of non‐moral facts of which one is aware. This view seems okay if we focus on examples of people mistakenly believing that their wrongful acts are permissible. But it is not remotely plausible when we consider other varieties of moral mistake – such as believing that one's action is required when it is in fact supererogatory, believing that one's action is wrong when it is in fact permissible, and believing false things about the moral properties of others’ actions and of merely possible actions. The upshot is that those who maintain that moral mistakes cannot excuse are sent back to the drawing board; we need a new explanation of why this would be the case. (shrink)

I argue that culpable ignorance can be irreducibly collective. In some cases, it is not fair to expect any individual to have avoided her ignorance of some fact, but it is fair to expect the agents together to have avoided their ignorance of that fact. Hence, no agent is individually culpable for her ignorance, but they are culpable for their ignorance together. This provides us with good reason to think that any group that is culpably ignorant in this irreducibly collective (...) sense is non-distributively collectively responsible for subsequent unwitting acts and consequences. (shrink)

It is widely agreed that ignorance of fact exculpates, but does moral ignorance exculpate? If so, does it exculpate in the same way as non-moral ignorance? In this paper I will argue that on one family of views explaining exculpating non-moral ignorance also explains exculpating moral ignorance. The view can be loosely stated in the following way: ignorance counts as an excuse only if it is not the result of a failure to meet some applicable reasonable epistemic standard—call this the (...) Reasonable Epistemic Standards Thesis and call views that accept some version of this principle reasonable standards views. I argue that any plausible reasonable standards view ought to allow that moral ignorance exculpates, at least sometimes, and defend such views against the charge that they are susceptible to clear counterexamples. (shrink)

One of the most common excuses is ignorance. Ignorance does not always excuse, however, for sometimes ignorance is culpable. One of the most natural ways to think of the difference between exculpating and culpable ignorance is in terms of justification; that is, one’s ignorance is exculpating only if it is justified and one’s ignorance is culpable only if it not justified. Rosen :591–610, 2008) explores this idea by first offering a brief account of justification, and then two cases that he (...) claims are counter examples to the justification thesis. The aim of this paper is to defend the justification thesis against Rosen’s two cases. The argument will proceed in the following way. First, I clarify a few things about the nature of culpable ignorance generally and why the justification thesis is so intuitive. I then present Rosen’s purported counterexamples. Once this is done, I argue that Rosen misses an important view of justification in the epistemology literature that I call the pragmatic view. I present a general picture of the pragmatic view, and explain how it fits naturally with our practices of criticizing people’s beliefs, including claims of culpable ignorance. Finally, I address Rosen’s cases arguing that, if the pragmatic view is right, then Rosen’s cases are not counterexamples to the justification thesis. (shrink)

Ratio, Volume 34, Issue 1, Page 68-80, March 2021.

An encyclopedia article on the epistemic or knowledge condition for moral responsibility, written for the SEP.

When a person performs or fails to perform a morally significant action, we sometimes think that a particular kind of response is warranted. Praise and blame are perhaps the most obvious forms this reaction might take. For example, one who encounters a car accident may be regarded as worthy of praise for having saved a child from inside the burning car, or alternatively, one may be regarded as worthy of blame for not having used one's mobile phone to call for (...) help. To regard such agents as worthy of one of these reactions is to ascribe moral responsibility to them on the basis of what they have done or left undone. (These are examples of other-directed ascriptions of responsibility. The reaction might also be self-directed, e.g., one can recognize oneself to be blameworthy). Thus, to be morally responsible for something, say an action, is to be worthy of a particular kind of reaction —praise, blame, or something akin to these—for having performed it.[1.. (shrink)

Skepticism about moral responsibility, or what is more commonly referred to as moral responsibility skepticism, refers to a family of views that all take seriously the possibility that human beings are never morally responsible for their actions in a particular but pervasive sense. This sense is typically set apart by the notion of basic desert and is defined in terms of the control in action needed for an agent to be truly deserving of blame and praise. Some moral responsibility skeptics (...) wholly reject this notion of moral responsibility because they believe it to be incoherent or impossible. Others maintain that, though possible, our best philosophical and scientific theories about the world provide strong and compelling reasons for adopting skepticism about moral responsibility. What all varieties of moral responsibility skepticism share, however, is the belief that the justification needed to ground basic desert moral responsibility and the practices associated with it—such as backward-looking praise and blame, punishment and reward (including retributive punishment), and the reactive attitudes of resentment and indignation—is not met. Versions of moral responsibility skepticism have historically been defended by Spinoza, Voltaire, Diderot, d’Holbach, Priestley, Schopenhauer, Nietzsche, Clarence Darrow, B.F. Skinner, and Paul Edwards, and more recently by Galen Strawson, Derk Pereboom, Bruce Waller, Neil Levy, Tamler Sommers, and Gregg D. Caruso. -/- Critics of these views tend to focus both on the arguments for skepticism about moral responsibility and on the implications of such views. They worry that adopting such a view would have dire consequences for our interpersonal relationships, society, morality, meaning, and the law. They fear, for instance, that relinquishing belief in moral responsibility would undermine morality, leave us unable to adequately deal with criminal behavior, increase anti-social conduct, and destroy meaning in life. Optimistic skeptics, however, respond by arguing that life without free will and basic desert moral responsibility would not be as destructive as many people believe. These optimistic skeptics argue that prospects of finding meaning in life or of sustaining good interpersonal relationships, for instance, would not be threatened. They further maintain that morality and moral judgments would remain intact. And although retributivism and severe punishment, such as the death penalty, would be ruled out, they argue that the imposition of sanctions could serve purposes other than the punishment of the guilty—e.g., it can also be justified by its role in incapacitating, rehabilitating, and deterring offenders. (shrink)

In this dissertation, I argue for a new conception of the epistemic condition on moral responsibility.

Sometimes ignorance is a legitimate excuse for morally wrong behavior, and sometimes it isn’t. If someone has secretly replaced my sugar with arsenic, then I’m blameless for putting arsenic in your tea. But if I put arsenic in your tea because I keep arsenic and sugar jars on the same shelf and don’t label them, then I’m plausibly blameworthy for poisoning you. Why is my ignorance in the first case a legitimate excuse, but my ignorance in the second case isn’t? (...) This essay explores the relationship between ignorance and blameworthiness. (shrink)