Philosophers who have written about implicit bias have claimed or implied that individuals are not responsible, and therefore not blameworthy, for their implicit biases, and that this is a function of the nature of implicit bias as implicit: below the radar of conscious reflection, out of the control of the deliberating agent, and not rationally revisable in the way many of our reflective beliefs are. I argue that close attention to the findings of empirical psychology, and to the conditions for (...) blameworthiness, does not support these claims. I suggest that the arguments for the claim that individuals are not liable for blame are invalid, and that there is some reason to suppose that individuals are, at least sometimes, liable to blame for the extent to which they are influenced in behaviour and judgment by implicit biases. I also argue against the claim that it is counter-productive to see bias as something for which individuals are blameworthy; rather, understanding implicit bias as something for which we are liable to blame could be constructive. (shrink)

The term 'implicit bias' has very swiftly been incorporated into philosophical discourse. Our aim in this paper is to scrutinise the phenomena that fall under the rubric of implicit bias. The term is often used in a rather broad sense, to capture a range of implicit social cognitions, and this is useful for some purposes. However, we here articulate some of the important differences between phenomena identified as instances of implicit bias. We caution against ignoring these differences: it is likely (...) they have considerable significance, not least for the sorts of normative recommendations being made concerning how to mitigate the bad effects of implicit bias. (shrink)

Our focus here is on whether, when influenced by implicit biases, those behavioural dispositions should be understood as being a part of that person’s character: whether they are part of the agent that can be morally evaluated.[4] We frame this issue in terms of control. If a state, process, or behaviour is not something that the agent can, in the relevant sense, control, then it is not something that counts as part of her character. A number of theorists have argued (...) that individuals do not have control, in the relevant sense, over the operation of implicit bias. We will argue that this claim is mistaken. We articulate and develop a notion of control that individuals have with respect to implicit bias, and argue that this kind of control can ground character-based evaluation of such behavioural dispositions. (shrink)

Should the state punish its disadvantaged citizens who have committed crimes? Duff has recently argued that where disadvantage persists the state loses its authority to hold individuals to account and to punish for criminal wrongdoings. I here scrutinize Duff’s argument for the claim that social justice is a precondition for the legitimacy of state punishment. I sharpen an objection to Duff’s argument: with his framework, we seem unable to block the implausible conclusion that where disadvantage persists the state lacks the (...) authority to punish any citizen for any crime. I then set out an alternative line of argument in support of the claim that social deprivation can threaten the states legitimate punitive authority. I argue that a penal system must incorporate certain proportionality principles, and that these principles cannot both be met where citizens suffer from deprivation. (shrink)

It is not usually morally permissible to desire the suffering of another person, or to act so as to satisfy this desire; that is, to act with the aim of bringing about suffering. If the retributive emotions, and the retributive responses of which they are a part, are morally permitted or even required, we will need to see what is distinctive about them. One line of argument in this paper is for the conclusion that a retributive desire for the suffering (...) of the wrong-doer, and the aim to bring this about, can (contra recent arguments from Hanna 2008) be morally justified. -/- It has been suggested that by reflecting on the role of the retributive emotions in interpersonal relationships, and the alleged legitimacy of the aim for the suffering of the wrong-doer within them, support can be garnered for retributive practices of punishment by the state (Duff 1986 and 2001, Bennett 2002 and 2003). The conclusion of the second line of argument in the paper is that whilst the retributive responses can permissibly aim at suffering, the way in which this is so in interpersonal relationships cannot provide support for retributive state punishment. (shrink)

It is usually appropriate for adults to make significant decisions, such as about what kinds of medical treatment to undergo, for themselves. But sometimes impairments are suffered - either temporary or permanent - which render an individual unable to make such decisions. The Mental Capacity Act 2005 sets out the conditions under which it is appropriate to regard an individual as lacking the capacity to make a particular decision (and when provisions should be made for a decision on their behalf). (...) -/- To what extent does having capacity require the endorsement of certain values? Drawing on Owens et al (2009), I assess the extent to which understanding relevant information and weighing it in coming to a decision requires certain evaluative commitments. With reference to literature on anorexia nervosa and decisions informed by religious beliefs, I argue that it is difficult to avoid the conclusion that the conditions for capacity are value-laden, and that if this is so it is important to open discussion about which patterns of distorted valuing undermine capacity, and why. (shrink)

I argue that our acts of moral appraisal should be communicative. Praise and blame should communicate, to the appraised, information about their status and competences as moral agents; that they are recognised by the appraiser as a competent moral agent, and thus a legitimate candidate for appraisal. I argue for this thesis by drawing on empirical data about factors that can affect motivation. On the basis of such data, I formulate a constraint, and argue that two prominent models of moral (...) appraisal – a consequentialist model and Wallace’s ‘evaluative response’ model – violate this constraint. The model that I propose – the communicative conception of appraisal – does not violate this constraint. This conception, I argue, can provide a fuller picture of the role of appraisals in deepening agents’ commitment to moral norms. On this model, praise and blame has not only an evaluative component, but also communicates to the agent competence affirming information. (shrink)

Substantive accounts of autonomy place value constraints on the objects of autonomous choice. According to such views, not all sober and competent choices can be autonomous: some things simply cannot be autonomously chosen. Such an account is developed and appealed to, by Thomas Hill Jr, in order to explain the intuitively troubling nature of choices for deferential roles. Such choices are not consistent with the value of self-respect, it is claimed. In this paper I argue that Hill's attempt to explain (...) the problem with such a choice, and Marcia Baron's interpretation and defence of his view, fail in this task. The troubling nature of some choices for deference cannot be explained in terms of a substantive self-respect condition for autonomy. (shrink)

What must the world be like, and what must we agents be like, in order to be morally responsible for our actions? In Making Sense of Freedom and Responsibility, Dana Nelkin develops and defends what she dubs the ‘rational abilities’ view (RA) of moral responsibility. On this compatibilist view, an agent is morally responsible for an action, in a sense which makes it appropriate to hold her accountable for that action, if she has ‘the ability to do the right thing (...) for the right reasons, or a good thing for good reasons’ (7). The most distinctive features of Nelkin’s view are that (i) the conditions for moral responsibility are asymmetric, (ii) those conditions are compatibilist, that is, consistent with a deterministic world, (iii) in which causal relations hold between substances (rather than events) some of which are agents. An agent exercises her rational abilities when she is determined by her nature to act for certain reasons. (shrink)

One of the lines of investigation opened up by Wallace in The View from Here concerns the notion of regret: what it is, what it is rationally constrained by, and what are the proper objects of regret. A distinctive feature of Wallace's view is that regret is an intention-like state, which, whilst backward-looking, is bound up with our future directed practices of value. In this commentary, I set out Wallace's claims on regret, its rational constraints, and its objects, and raise (...) some worries about Wallace's position on each of these three issues. (shrink)

I here focus on two debates about the conditions for self-governance. In one, the metaphysical debate, theorists are concerned with the potential threat that causal determinism poses to self-governance. In another, the relational debate, theorists are concerned with the potential threat that certain social conditions—especially those that are oppressive to certain social groups—pose to self-governance. MacKenzie and Stoljar have suggested (2000) that the concerns of these two debates do not intersect. In this chapter, I draw out the connections between the (...) two debates, arguing that certain views in the relational debate are in tension with certain commitments in the metaphysical debate. I look at a relational condition for autonomous agency from Paul Benson (1994), extrapolate from the cases discussed by Langton (1993) in the literature on speech acts some relational conditions for autonomous action, and examine the formulation of relational conditions for autonomous choice (Stoljar 2000). I argue that each of these views sits in tension with positions in the metaphysical debate (hard determinism, libertarianism, and (more broadly) incompatibilism, respectively). Thus the concerns of the two debates do intersect. Moreover, if these tensions cannot be resolved, then the relational debate brings to bear important considerations in assessing the plausibility of the views in the metaphysical debate. (shrink)

One of the lines of investigation opened up by Wallace in The View from Here concerns the notion of regret: what it is, what it is rationally constrained by, and what are the proper objects of regret. A distinctive feature of Wallace's view is that regret is an intention-like state, which, whilst backward-looking, is bound up with our future directed practices of value. In this commentary, I set out Wallace's claims on regret, its rational constraints, and its objects, and raise (...) some worries about Wallace's position on each of these three issues. (shrink)

It is customary to remark, in writings on retributivism, that the meaning of the term is so diffuse and variably applied that there is no one concept or justificatory principle picked out by the term. Cottingham identified 9 different ideas captured by the term retributivism, and a similar paper could today no doubt identify as many again. This edited volume of essays on retributivism does justice to that customary remark, by bringing together a range of writings on retributivism many of (...) which present quite different ways of construing the core of retributivist thinking, the virtues of it, and its role in criminal justice.The book is organised around three themes: the first part entitled ‘Conceptualizing Retributivism’, the second ‘Philosophical Perspectives on Retributivism’, and the third ‘Retributivism and Policy’. In the following I provide an overview of the chapters, before making some general remarks on the emerging themes of the edited collec .. (shrink)