Ignorance usually excuses from responsibility, unless the person is culpable for the ignorance itself. Since a lot of wrongdoing occurs in ignorance, the question of what makes ignorance culpable is central for a theory of moral responsibility. In this article I examine a prominent answer, which I call the ‘volitionalist tracing account,’ and criticize it on the grounds that it relies on an overly restrictive conception of responsibility‐relevant control. I then propose an alternative, which I call the ‘capacitarian conception of (...) control,’ and on the basis of it I advance an account of culpable ignorance that avoids the skeptical upshots of the volitionalist proposal. If correct, my account establishes three important truths: agents can be directly in control of their ignorance, they can be directly responsible for more than actions and omissions, and their moral obligations extend beyond the performance of intentional actions and omissions. (shrink)

Capacitarianism says that an agent can be non-derivatively blameworthy for wrongdoing if at the time of their conduct the agent lacked awareness of the wrong-making features of their conduct but had the capacity to be aware of those features. In this paper, I raise three objections to capacitarianism in relation to its verdict of the culpability of so-called “slips” and use these objections to support a rival (“accessibility internalist”) view which requires awareness of wrong-making features for non-derivative blameworthiness. (...) The objections are that (1) the rival internalist view is just as capable of explaining the culpability of paradigm cases of slips; (2) there are some cases of slips without dispositional awareness of wrong-making features that capacitarians wrongly deem culpable; and (3) capacitarianism cannot adequately ground the reasonable expectation to avoid slips (as Fernando Rudy-Hiller has argued). I then argue that an internalist can simultaneously ground a reasonable expectation to avoid slips and account for slips’ culpability by pointing to the satisfaction of a novel epistemic condition: it is (dispositionally) obvious to the slipping agent that they need to pay enough attention to what they are doing, and how to pay enough attention, to reliably achieve the goal that they have set out to achieve. (shrink)

I examine the question of whether people are sometimes morally blameworthy for what I call ‘slips’: wrongful actions or omissions that a good-willed agent inadvertently performs due to a non-negligent failure to be aware of relevant considerations. I focus in particular on the capacitarian answer to this question, according to which possession of the requisite capacities to be aware of relevant considerations and respond appropriately explains blameworthiness for slips. I argue, however, that capacitarianism fails to show that agents have (...) responsibility level control over their slips and, consequently, fails to show that it is reasonable to expect agents to avoid this kind of wrongdoing. I conclude that people are typically not blameworthy for their slips, but only regarding the backward-looking, desert-entailing type of blame that has been at issue in this debate. I suggest that ordinary intuitions about blameworthiness for slips can be accommodated by appealing to other types of responsibility and blame. (shrink)

Philosophical compatibilism reconciles moral responsibility with determinism, and some neurolaw scholars think that it can also reconcile legal views about responsibility with scientific findings about the neurophysiological basis of human action. Although I too am a compatibilist, this paper argues that philosophical compatibilism cannot be transplanted “as-is” from philosophy into law. Rather, before compatibilism can be re-deployed, it must first be modified to take account of differences between legal and moral responsibility, and between a scientific and a deterministic world view, (...) and to address a range of conceptual, normative, empirical and doctrinal problems that orbit its capacitarian core. (shrink)

Direct brain intervention based mental capacity restoration techniques-for instance, psycho-active drugs-are sometimes used in criminal cases to promote the aims of justice. For instance, they might be used to restore a person's competence to stand trial in order to assess the degree of their responsibility for what they did, or to restore their competence for punishment so that we can hold them responsible for it. Some also suggest that such interventions might be used for therapy or reform in criminal legal (...) contexts-i.e. to make non-responsible and irresponsible people more responsible. However, I argue that such interventions may at least sometimes fail to promote these responsibility-related legal aims. This is because responsibility hinges on other factors than just what mental capacities a person has-in particular, it also hinges on such things as authenticity, personal identity, and mental capacity ownership-and some ways of restoring mental capacity may adversely affect these other factors. Put one way, my claim is that what might suffice for the restoration of competence need not necessarily suffice for the restoration of responsibility, or, put another way, that although responsibility indeed tracks mental capacity it may not always track restored mental capacities. (shrink)

Quality of will accounts of moral responsibility hold that ill will is necessary for blameworthiness. But all such accounts are false to ordinary moral practice, which licenses blame for agents who act wrongly from epistemically unreasonable ignorance even if the act is not ill willed. This should be especially concerning to Strawsonians about moral responsibility, who think the genuine conditions of blameworthiness are derived from the standards internal to our practice. In response, I provide a theory of moral blameworthiness on (...) which ill will is not necessary for blameworthiness. On the view I defend, “Rational Capacitarianism,” agents are blameworthy whenever they act wrongly from an unreasonable attitude which is attributable to them, where an attitude is attributable to an agent just in case she has the capacity to assess reasons for and against the attitude and modulate the attitude in light of these assessments. Acting from unreasonable ignorance is just a special case of acting from an unreasonable attitude. My theory contrasts both with both quality of will accounts of blameworthiness and the Capacitarian view, which specifies that agents who act wrongly from ignorance are culpable if they could and should have known better. On Capacitarianism, a variety of awareness-relevant capacities are pertinent, including memory; on my view it is only failures of rational capacities that render the agent culpable, because only failures of rational capacities are attributable to the agent. (shrink)

In this commentary on Anneli Jefferson’s Are Mental Disorders Brain Disorders? I endorse her capacitarian approach to responsibility but suggest that the effects of at least some mental/brain disorders on the agent’s psychology show that we cannot neatly separate the epistemic condition from the control condition when assessing agential capacity. I then discuss the labeling issue in the context of rival attributionist accounts of responsibility which hold that agents are responsible if their actions are attributable to them. The incorporation of (...) mental disorders into identity through social processes may open agents with mental or brain disorders open to unfair blame. However, we cannot fully understand the effects of the disorders on agential capacity without closely attending to the social environment that shapes the way the disorder is conceived, enacted, perceived, and responded to over time. (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.

Assuming that an agent can be morally responsible for her forgetting to do something, we can use recent psychological research on prospective memory to assess the psychological assumptions made by normative accounts of the moral responsibility for forgetting. Two accounts of moral responsibility (control accounts and valuative accounts) have been prominent in recent debates about the degree to which agents are blameworthy for their unwitting omissions. This paper highlights the psychological assumptions concerning remembering and forgetting that characterise the accounts. The (...) paper then introduces and reviews recent empirical literature on prospective memory. Finally, it uses the literature to assess the various assumptions. One important implication is that a direct capacitarian control account implies implausible assumptions about the psychological capacity for remembering. A second important implication is that an indirect capacitarian control account and a valuative account highlight different but complementary aspects of remembering and forgetting. (shrink)

In this article, we take the case of racism in contemporary Italy as a starting point for a discussion about moral responsibility for racism in cases where ignorance is involved. We focus on the issue of the normalization of racism and its contribution to different forms of ignorance to assess the extent to which these might potentially mitigate judgments of responsibility for racism, thereby grounding an Exculpatory Stance. After illustrating the phenomenon of the normalization of racism and offering an outline (...) of how the normalization of racism contributes to ignorance, we argue against the Exculpatory Stance by appealing to a socially situated variety of capacitarian approach to the epistemic condition of moral responsibility. This approach provides us with the tools to claim that the moral ignorance favored by the normalization of racism does not mitigate judgments of individual responsibility. Finally, we point out that the interdependence of individual responsibility and the social environment is such that, in addition to backward-looking individual responsibilities for racism, there are also forward-looking, both individual and shared, responsibilities to counter racism in its various manifestations and the increased risk of moral ignorance connected to its normalization. (shrink)

In this chapter, Sifferd analyzes the grounds for moral and legal desert. She bridges the gap between compatibilist accounts of our moral and legal responsibility, and she argues that neither moral nor criminal responsibility demand impossible or superhuman abilities. Sifferd’s capacitarian view of agency embraces our mechanistic natures yet can still ground robust mental causation, a key requirement for criminal culpability. She also notes the ways in which the capacity for reasons-responsiveness is developed and maintained over time, and she claims (...) that diachronic agency can instantiate meaningful self-control and self-formation with moral and legal rules in mind. Sifferd concludes that rapists do in some cases deserve criminal punishment. Her ultimate position is that basic desert is necessary but not sufficient for criminal punishment of rape. (shrink)

In the field of ?neurolaw?, reformists claim that recent scientific discoveries from the mind sciences have serious ramifications for how legal responsibility should be adjudicated, but conservatives deny that this is so. In contrast, I criticise both of these polar opposite positions by arguing that although scientific findings can have often-weighty normative significance, they lack the normative authority with which reformists often imbue them. After explaining why conservatives and reformists are both wrong, I then offer my own moderate suggestions about (...) what views we have reason to endorse. My moderate position reflects the familiar capacitarian idea which underlies much lay, legal, and philosophical thinking about responsibility ? namely, that responsibility tracks mental capacity. (shrink)

Could neuroimaging evidence help us to assess the degree of a person’s responsibility for a crime which we know that they committed? This essay defends an affirmative answer to this question. A range of standard objections to this high-tech approach to assessing people’s responsibility is considered and then set aside, but I also bring to light and then reject a novel objection—an objection which is only encountered when functional (rather than structural) neuroimaging is used to assess people’s responsibility.