Research
Books
Making Sense of Freedom and Moral Responsiblity
(Oxford University Press 2011).
The Ethics and Law of Omissions
co-edited with Samuel C. Rickless
(Oxford University Press 2017)
Forgiveness and Its Moral Dimensions
co-edited with Brandon Warmke and Michael McKenna
(Oxford University Press 2021)
The Oxford Handbook of Moral Responsibility
co-edited with Derk Pereboom
(Oxford University Press 2022)
Articles
(For selected articles organized by area, please click here)
“How Much to Blame?: An Asymmetry Between the Norms of Self-Blame and Other-Blame"
Self-Blame and Moral Responsibility (Cambridge University Press, forthcoming)
(show abstract | paper)
In this paper, I begin with the observation that there is an asymmetry in our normative expectations of degrees of self-blame and degrees of other-blame. There are many situations in which it seems intuitively plausible that a person should blame herself to a certain degree, while at the same time it is also appropriate for others to blame her to a lesser degree. This calls out for explanation. In this paper, I canvass the prospects for rejecting the idea that there is any systematic explanation to be found, as well as those of a variety of possible explanations that purport to justify a genuine asymmetry between the norms of self-blame and other-blame. These latter include explanations according to which it is virtue to over-blame in one’s own case, and in which it is a virtue to be disposed to under-blame in the case of others. In the end, I argue instead that a central and systematic explanation relies in part on a general moral principle that asymmetric risk imposition between self and others is justified. I conclude by exploring the implications of this view for whether we should privilege intuitions about self-blame, other-blame, or neither when engaged in philosophical theorizing.
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“Liability, Culpability and Luck"
Pphilosophical Studies (special issue on War and Responsibility) (2021)
(show abstract | paper)
This paper focuses on the role of culpability in determining the degree of
liability to defensive harm, and asks whether there are any restrictions on when
culpability is relevant to liability. A natural first suggestion is that it is only relevant
(or at least is significantly enhanced) when combined with an actual threat of harm
in the situation in which defensive harm becomes salient as a means of protection.
The paper begins by considering the question of whether two people are equally
liable to defensive harm in a situation if both culpably intend to harm another, but
due to circumstances outside the control of the two people only one has a chance of
succeeding in causing harm. I argue that there is no difference in liability between
the two. I then turn to a kind of slippery slope challenge that accepting this conclusion
would lead to a vast over-inclusiveness in those liable to defensive harm,
and consider a recent attempt at meeting it that requires that a person’s culpability
can only affect liability if it concerns the very situation in which defensive harm is
relevant. Finally, I put forward and assess a new way of meeting the challenge that
appeals to a particular conception of culpability together with auxiliary theses
concerning how culpability can decrease over time, among others.
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“Sensitivity to Shifts in Probability of Harm and Benefit in Moral Dilemmas" (with Arseny Ryazanov, Shawn Tinghao Wang, Samuel C. Rickless, and Craig R. M. McKenzie)
Cognition (2021)
(show abstract | paper)
Psychologists and philosophers who pose moral dilemmas to understand moral judgment typically specify out- comes as certain to occur in them. This contrasts with real-life moral decision-making, which is almost always infused with probabilities (e.g., the probability of a given outcome if an action is or is not taken). Seven studies examine sensitivity to the size and location of shifts in probabilities of outcomes that would result from action in moral dilemmas. We find that moral judgments differ between actions that result in an equal increase in probability of harm (equal size), but have different end-states (e.g., an increase in harm probability from 25% to 50% or from 50% to 75%). This deviation from expected value is robust under separate evaluation, and increases when the comparison between shifts is made explicit under simultaneous evaluation. Consistent with the cen- trality of perceived harm in some models of moral judgment, perceived harm partially mediates sensitivity to location of harm probability shift. Unlike for shifts in harm probabilities, participants are insensitive to the location of shifts in probability of beneficial outcomes. They are also insensitive to the location of shifts in probability of analogous monetary losses and gains, suggesting an asymmetry between harm and benefit in moral reasoning, as well as an asymmetry between moral and monetary decision-making more broadly. Implications for normative philosophical theory and moral psychological theory, as well as practical applications, are discussed.
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“Equal Opportunity: A Unifying Framework for Moral, Aesthetic, and Epistemic Responsibility"
Proceedings of the Aristotelian Society (2020)
(show abstract | paper)
On the one hand, there seem to be compelling parallels to moral responsibility,
blameworthiness, and praiseworthiness in domains other than the
moral. For example, we often praise people for their aesthetic and epistemic
achievements and blame them for their failures. On the other hand, it
has been argued that there is something special about the moral domain,
so that at least one robust kind of responsibility can only be found there.
In this paper, I argue that we can adopt a unifying framework for locating
responsible agency across domains, thereby capturing and explaining
more of our actual practices. The key, I argue, is to identify the right conditions
for being morally accountable, which I take to be a matter of having
an opportunity of a good enough quality to act well. With this account
in hand, I argue that we can adopt a unifying framework that allows us to
recognize parallels across domains, even as it points the way to important
differences among them.
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“What Should the Voting Age Be?"
The Journal of Practical Ethics (2020)
(show abstract | paper )
In this paper, I endorse the idea that age is a defensible criterion for eligibility
to vote, where age is itself a proxy for having a broad set of cognitive and motivational
capacities. Given the current (and defeasible) state of developmental research,
I suggest that the age of 16 is a good proxy for such capacities. In defending this thesis,
I consider alternative and narrower capacity conditions while drawing on insights
from a parallel debate about capacities and age requirements in the criminal law. I
also argue that the expansive capacity condition I adopt satisfies a number of powerful
and complementary rationales for voting eligibility, and conclude by addressing
challenging arguments that, on the one hand, capacity should not underly voting
eligibility in the first place, and, on the other, that capacity should do so directly and
not via any sort of proxy, including age.
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“Responsibility, Reflection, and Rational Ability"
The Monist: Special Issue on Abilities and Control (2020)
(show abstract | paper)
This paper takes as its starting point the thesis that one is responsible for one’s actions
insofar as one has the ability to act for good reasons. Such a view faces a challenge: it is
plausible that only beings with the ability to reflect are responsible agents, and yet it
seems that not only is it possible to act for reasons without reflecting, it seems to happen
quite frequently. Thus, advocates of the rational-ability view of responsibility must
either reject as a necessary condition that responsible agents must have the ability to
reflect, or locate a plausible role for reflective ability. In this paper, I propose and assess
a variety of ways to meet this challenge.
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“Rational Belief and Statistical Evidence: Blame, Bias and the Law"
Lotteries, Knowledge and Rational Belief: Essays on the Lottery Paradox
Cambridge University Press (2021)
(show abstract | paper)
“Thinking Outside the (Traditiona) Boxes of Moral Luck"
Midwest Studies in Philosophy (2019)
(show abstract | paper)
In this paper, I argue that the debate about moral luck has been constrained by a particular division of categories of moral luck delineated in Thomas Nagel’s seminal article on the topic, into outcome luck, circumstantial luck, luck in how we are constituted, and causal luck. Theorists have naturally attempted to draw lines between the categories, often accepting some, but not other categories of moral luck. Here I argue that the assumption that the only place to draw such lines is around, rather than through the middle of these categories has wrongly constrained us. Once we are liberated from this constraint, we are free to embrace a more plausible and principled comprehensive account of when there is, and when there is not, moral luck.
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“Guilt, Grief, and the Good”
Social and Political Philosophy (2018)
(show abstract | paper)
In this paper, I consider a particular version of the thesis that the blameworthy deserve to suffer, namely, that they deserve to feel guilty to the proper degree (a thesis I call "Desert-Guilt"). Two further theses have been thought to explicate and support the thesis, one that appeals to the non-instrumental goodness of the blameworthy receiving what they deserve (in this case, the experience of guilt), and the other that appeals to idea that being blameworthy provides reason to promote the blameworthy receiving what they deserve (again, in this case, the experience of guilt). I call the first "Good-Guilt" and the second "Reason-Guilt”. I begin by exploring what I take to be the strongest argument for Good-Guilt which gains force from a comparison of guilt and grief, and the strongest argument against. I conclude that Good-Guilt might be true, but that even if it is, the strongest argument in favor of it fails to support it in such a way as to provide reason for the thesis that the blameworthy deserve to feel guilty. I then consider the hypothesis that Reason-Guilt might be true and be the more fundamental principle, supporting both Good-Guilt and Desert-Guilt. I argue that it does not succeed, however, and instead propose a different principle, according to which being blameworthy does not by itself provide reason for promoting that the blameworthy get what they deserve, but that being blameworthy systematically does so in conjunction with particular kinds of background circumstances. Finally, I conclude that Desert-Guilt might yet be true, but that it does not clearly gain support from either Good-Guilt or Reason-Guilt.
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“Frontotemporal Dementia and the Reactive Attitudes: Two Roles for the Capacity to Care?”
Journal of Applied Philosophy (2019)
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People who have a particular behavioral variant of Frontotemporal Dementia (bvFTD) suffer from a puzzling early set of symptoms. They appear to caregivers to cease to care about things that they did before, without manifesting certain other significant deficits that might be expected to accompany this change. Are subjects with bvFTD appropriate objects of reactive attitudes like resentment and indignation that seem to presuppose responsible agency? I explore two possible routes to answering this question in the negative that both appeal to the role of the capacity to care in accounts of responsible agency. The first appeals to the capacity to care as fundamental in determining the aptness of moral demands and appraisals; the second appeals to the capacity to care as required for the very possibility of being someone who could in principle receive deserved praise or blame. In order to assess these lines of reasoning, it will be necessary to settle on a plausible account of caring, and the case of subjects with bvFTD can help in illuminating the relevant capacities. I suggest that the two routes, when clarified, are promising, but that interesting questions about the nature of desert and its relationship to caring remain open.
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“Duties, Desert, and the Justification of Punishment”
Criminal Law and Philosophy (2018)
(show abstract | paper)
In this essay, I assess what I call the “Duty View”, subtly articulated and defended by Victor Tadros in Wrongs and Crimes (Oxford University Press 2016). According to the Duty View, wrongdoers incur enforceable duties, including the duty to be punished in some circumstances, in virtue of their wrongdoing; therefore, punishment can be justified simply on the grounds that wrongdoers’ duties are being legitimately enforced. I argue that while wrongdoers do incur important duties, these are not necessarily fulfilled by providing protection against future offenses, and I offer a comparative evaluation of the Duty View and an alternative approach, which I call the “Desert Plus View”. The Desert Plus View shares some of the key commitments of the Duty View, such as the rejection of the intrinsic goodness of wrongdoers getting what they deserve. More positively, however, according to the Desert Plus View, the fact that people are deserving can, together with certain additional conditions, such as the need for protection of its citizens, provide a reason for the state to give them what they deserve.
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“Responsibility and Ignorance of the Self”
Social Theory and Practice (2018)
(show abstract | paper)
“Intuitive Probabilities and the Limitation of Moral Imagination” (with Arseny Ryazanov, Jonathan Knutzen, Samuel C. Rickless, and Nicholas J.S. Christenfeld)
Cognitive Science (2018)
(show abstract | paper)
There is a vast literature that seeks to uncover features underlying moral judgment by eliciting reactions to hypothetical scenarios such as trolley problems. These thought experiments assume that participants accept the outcomes stipulated in the scenarios. Across seven studies (N = 968), we demonstrate that intuition overrides stipulated outcomes even when participants are explicitly told that an action will result in a particular outcome. Participants instead substitute their own estimates of the probability of outcomes for stipulated outcomes, and these probability estimates in turn influence moral judgments. Our findings demonstrate that intuitive likelihoods are one critical factor in moral judgment, one that is not suspended even in moral dilemmas that explicitly stipulate outcomes. Features thought to underlie moral reasoning, such as intention, may operate, in part, by affecting the intuitive likelihood of outcomes, and, problematically, moral differences between scenarios may be confounded with non‐moral intuitive probabilities.
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“Free Will and Aesthetic Responsibility”
Art and Philosophy (Oxford University Press forthcoming)
(show abstract | paper)
In many discussions of free will and moral responsibility, it is mentioned in passing that moral responsibility is one of multiple varieties of responsibility that depend on free will as a necessary condition, and it is noted that we can also be responsible for artistic achievements as well as intellectual and athletic accomplishments. The relationship between moral responsibility and responsibility for artistic achievement is rarely discussed, however. And yet it calls out for discussion because there are intriguing similarities and differences between our attributions of responsibility for morally significant action and for aesthetically significant activity. We blame and praise people for their morally significant activities and also for the results of their aesthetic efforts, for example. On the other hand, moral blame is thought to be closely tied to moral emotions such as resentment and indignation, and it is not clear that there is any parallel when it comes to what we might call “aesthetic” blame. In this paper, I aim to explore the relationship between the two kinds of responsibility against the backdrop of recent discussions of different kinds of moral responsibility. So, for example, an interesting question arises when we consider the distinction between two “faces” of responsibility described by Gary Watson, namely, the distinction between attributability, which can be understood in terms of an action’s manifesting moral virtues or vices and accountability, which can be understood in terms of an action’s violating, respecting, or going beyond a moral obligation or demand. While it is easy to see how a case can be made for an aesthetic parallel to moral attributability, it is less easy to see how there could be an aesthetic parallel to moral accountability in the aesthetic case. (Notably free will has been thought by many to be necessary for accountability, though not necessarily for attributability.) At the same time, theorists often focus on the positive—achievement that warrants praise—when it comes to the aesthetic case while theorists tend to focus on the negative—action that warrants blame—when it comes to the moral case. Once we take a more balanced approach to both, an argument can be made that there is more of a parallel to be found between moral and aesthetic responsibility of both the attributability and the accountability sorts than it may seem at first.
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“Moral Responsibility for Unwitting Omissions: A New Tracing Account” (with Samuel C. Rickless)
The Ethics and Law of Omissions (Oxford University Press 2017)
(show abstract | paper)
Unwitting omissions pose a challenge for theories of moral responsibility. For commonsense morality holds many unwitting omitters morally responsible for their omissions (and for the consequences thereof), even though they appear to lack both awareness and control. For example, some people who leave dogs trapped in their cars outside on a hot day (see Sher 2009), or who forget to pick something up from the store as they promised (see Clarke 2014) seem to be blameworthy for their omissions. And yet, if moral responsibility requires awareness of one’s omission and of its moral significance, as well as control, then it would appear that the unwitting protagonists of these cases are not, in fact, morally responsible for their omissions. In this paper, we consider, and ultimately reject, a number of influential views that try to solve this problem, including skepticism about responsibility for such omissions, a view we call the “decision tracing” view that grounds responsibility for such omissions in previous exercises of conscious agency, and “attributionist” views that ground responsibility for such omissions in the value judgments or other aspects of the agents’ selves. We propose instead a new tracing view that grounds responsibility for unwitting omissions in past opportunities to avoid them, where having such opportunities requires general awareness of the risk of such an omission, but not an exercise of agency, in contrast to the decision tracing view. We argue that the view can better accommodate cases, and fits well with the most plausible conception of the kind of control required for responsibility.
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“Accountability and Desert”
The Journal of Ethics (special issue on Responsibility) (2016).
(show abstract | paper)
In recent decades, participants in the debate about whether we are free and responsible agents have tended with increasing frequency to begin their papers or books by fixing the terms “free” and “responsible” in clear ways to avoid misunderstanding. This is an admirable development, and while some misunderstandings have certainly been avoided, and positions better illuminated as a result, new and interesting questions also arise. Two ways of fixing these terms and identifying the underlying concepts have emerged as especially influential, one that takes the freedom required for responsibility to be understood in terms of accountability and the other in terms of desert. In this paper, I start by asking: are theorists talking about the same things, or are they really participating in two different debates? Are desert and accountability mutually entailing? I then tentatively conclude that they are mutually entailing. Coming to this conclusion requires making finer distinctions among various more specific and competing accounts of both accountability and desert. Ultimately, I argue, that there is good reason to accept that accountability and desert have the same satisfaction conditions.
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“Blame”
The Routledge Encyclopedia of Free Will (2016)
(show abstract | paper)
“Friendship, Freedom, and Special Obligations”
Agency and Responsibility (Palgrave MacMillan, 2015).
(show abstract | paper)
Recently, there has been much discussion of two challenging arguments that suggest that if we were to lack free will of the sort required for moral responsibility we would lose one of the most important things that give our lives meaning, namely, valuable human relationships such as friendship. One line of argument, defended by Robert Kane, suggests that freely chosen relationships have an irreplaceable value, and the other, defended by Peter Strawson and recently taken up in a new form by Seth Shabo and others, suggests that the most valuable relationships are ones that require susceptibility to the emotions of resentment and indignation that presuppose freedom and responsibility. These arguments have been ably challenged (see, for example, Pereboom 2014). But even if these arguments are unsound, their conclusion might still be true. In this paper, I aim to defend a distinctive third kind of approach. It appeals to the nature of friendship as requiring a special kind of obligations, and in this way draws a closer connection between the aspects of friendship that require free will and moral responsibility itself. The reasoning rests on two main premises. The first is that genuine friendship entails special obligations. Two people are not friends unless they have obligations toward one another that are partially defining of friendship. The second premise is that one has obligations only if one has the freedom to meet them. This idea is closely related to a principle taken to be axiomatic in various ethical and even deontic logical systems: Ought Implies Can. Putting these premises together, we can conclude that friendship (as well as other special relationships) require freedom. Defending these two premises takes us into two entirely separate debates, one in ethical theory and one in free will and responsibility, and a secondary aim of the paper is to bring these two vibrant discussions together.
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“Fine Cuts of Moral Agency: Dissociable deficits in Psychopathy and Autism”
Current Controversies in Bioethics (Routledge 2016).
(show abstract | paper)
With a new understanding of the deficits of psychopaths, many have argued that psychopaths are not morally accountable for their actions because they seem to lack any capacity for fundamental moral understanding. And yet, a lack of capacity for empathy, which has been seen as the root of this incapacity, has also been attributed to subjects with Autism Spectrum Disorder (ASD). But there is much evidence that at least many with ASD have moral understanding and are rightly treated as morally accountable agents. Is it possible to explain how those diagnosed in the first group might lack, while those in the second group possess, moral accountability? If so, how? In this paper, I argue that there is an explanation that requires distinguishing between different kinds of empathy and that brings to bear a “fine cuts” approach at the neural and psychological level of explanation.
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"Free Will Skepticism and Obligation Skepticism: Comments on Derk Pereboom’s Free Will Skepticism, Agency, and Meaning in Life"
Science, Religion, Culture 1 (2014).
(paper)
“Difficulty and Degrees of Moral Praiseworthiness and Blameworthiness,”
Noûs (2015).
(show abstract | paper)
In everyday life, we assume that there are degrees of blameworthiness and praiseworthiness. Yet the debate about the nature of moral responsibility often focuses on the “yes or no” question of whether indeterminism is required for moral responsibility, while questions about what accounts for more or less blameworthiness or praiseworthiness are under explored. In this paper, I defend the idea that degrees of blameworthiness and praiseworthiness can depend in part on degrees of difficulty and degrees of sacrifice required for performing the action in question. Then I turn to the question of how existing accounts of the nature of moral responsibility might be seen to accommodate these facts. In each case of prominent compatibilist and incompatibilist accounts that I consider, I argue that supplementation with added dimensions is required in order to account for facts about degrees of blameworthiness and praiseworthiness. For example, I argue that the reasons-responsiveness view of Fischer and Ravizza (1998) requires supplementation that takes us beyond even fine-grained measures of degrees of reasons-responsiveness in order to capture facts about degrees of difficulty (contrary to the recent attempt by Coates and Swenson (2012) to extend the reasons-responsiveness view by appealing to such measures). I conclude by showing that once we recognize the need for these additional parameters, we will be in a position to explain away at least some of the appeal of incompatibilist accounts of moral responsibility.
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“Psychopaths, Incorrigible Racists, and Faces of Responsibility,”
Ethics (2015).
(show abstract | paper)
Psychopaths pose a puzzle. On the one hand, when we focus on the apparent pleasure they can take in the pain of others, they seem the paradigms of evil and blameworthiness. On the other hand, when we focus on their apparent psychological incapacities, they seem to possess what are paradigm excuses on plausible accounts of moral responsibility. In this paper, I examine two influential responses to the puzzle: a solution that claims that psychopaths are morally blameworthy in one sense and not in another, and a solution that rejects the accounts of moral responsibility on which psychopaths have excuses. According to the first, psychopaths are properly appraised as cruel, but are not accountable for their actions, nor are they the proper object of moral demands or reactive attitudes such as resentment and indignation. According to the second, the cruelty that psychopaths display is sufficient for their being accountable. In assessing the two approaches, I offer a new argument against a shared commitment of both, namely, that psychopaths, as understood by the parties in the debate, show cruelty in their actions. The argument appeals to a symmetry between negative and positive appraisals, such as cruelty and kindness. I then go on to show how a proper understanding of the role of moral demands can help resolve a key point of contention about the very nature of moral responsibility. I conclude that two sorts of moral appraisal come apart, but that psychopaths turn out not to be the best illustration of the distinction.
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“The Relevance of Intention to Criminal Wrongdoing” (with Samuel C. Rickless)
Criminal Law and Philosophy (2016)
(show abstract | paper)
In this paper, we defend the general thesis that intentions are relevant not only to moral permissibility and impermissibility, but also to criminal wrongdoing, as well as a specific version of the Doctrine of Double Effect that we believe can help solve some challenging puzzles in the criminal law. We begin by answering some recent arguments that marginalize or eliminate the role of intentions as components of criminal wrongdoing (e.g., Alexander and Ferzan (2009), Chiao (2010) and Walen (2009)). We then turn to some influential theories that articulate a direct role for intentions (e.g., Duff (2007), Husak (2009)). While we endorse the commitment to such a role for intentions, we believe that extant theories have not yet been able to adequately address certain objections or solve certain puzzles such as that some attempt convictions require criminal intent when the crime attempted, if successful, requires only foresight, and that some intended harms appear to be no more serious than non-intended ones of the same magnitude, for example. Drawing on a variety of resources, including the specific version of the Doctrine of Double Effect we have developed in recent published work, we present solutions to these puzzles, which in turn provide mutual support for our general approach to the role of intentions and for thinking that using others as means is itself a special kind of wrongdoing.
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“Moral Responsibility, the Reactive Attitudes, and the Significance of (Libertarian) Free Will”
Libertarian Free Will: Essays for Robert Kane (Oxford University Press, 2014).
(show abstract | paper)
Why should we want to be libertarian free agents? In The Significance of Free Will, Robert Kane sets out ten traditional answers in the form of human goods that have been thought by many to be achievable only if we are such beings. In this paper, I explore and assess Kane’s reasoning for thinking that the significance of these human goods depends ultimately on our being indeterministic causes of our actions that is in turn necessary for objective self-worth. I conclude that an inquiry that proceeds in the opposite direction--from the value and nature of the supposed human goods--to the question of whether they require indeterminism has the potential to be more fruitful. Then I turn to some of the goods in question, namely, being responsible agents, being suitable objects of reactive attitudes such as admiration, gratitude, resentment and indignation, and having meaningful relationships with others such as friendship and love. I focus on the current debate about whether meaningful human relationships depend on our proneness to the reactive attitudes, and tentatively suggest that at least a particularly valuable kind of relationship presupposes the responsible agency typically presupposed by such attitudes. At the same time, I argue that this conclusion does not take us all the way to libertarian freedom.
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“So Close, Yet So Far: Why Solutions to the Closeness Problem for the Doctrine of Double Effect Fall Short” (with Samuel C. Rickless)
Noûs (2015).
(show abstract | paper)
According to the classical Doctrine of Double Effect (DDE), there is a morally significant difference between intending harm and merely foreseeing harm. Versions of DDE have been defended in a variety of creative ways, but there is one difficulty, the so-called “closeness problem,” that continues to bedevil all of them. The problem is that an agent’s intention can always be identified in such a fine-grained way as to eliminate an intention to harm from almost any situation, including those that have been taken to be paradigmatic instances in which DDE applies to intended harm. In this paper, we consider and reject a number of recent attempts to solve the closeness problem. We argue that the failure of these proposals strongly suggests that the closeness problem is intractable, and that the distinction between intending harm and merely foreseeing harm is not morally significant. Further, we argue that there may be a deeper reason why such attempts must fail: the rationale that makes the best fit with DDE, namely, an imperative not to aim at evil, is itself irredeemably flawed. While we believe that these observations should lead us to abandon further attempts to solve the closeness problem for DDE, we also conclude by showing how a related principle that is supported by a distinct rationale and avoids facing the closeness problem altogether nevertheless shares with DDE its most important features, including an intuitive explanation of a number of cases and a commitment to the relevance of intentions.
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“Three Cheers for Double Effect” (with Samuel C. Rickless)
Philosophy and Phenomenological Research (2014).
(show abstract | paper)
The doctrine of double effect, together with other moral principles that appeal to the intentions of moral agents, has come under attack from many directions in recent years, as have a variety of rationales that have been given in favor of it. In this paper, our aim is to develop, defend, and provide a new theoretical rationale for a secular version of the doctrine. Following Quinn (1989), we distinguish between Harmful Direct Agency and Harmful Indirect Agency. We propose the following version of the doctrine: that in cases in which harm must come to some in order to achieve a good (and is the least costly of possible harms necessary), the agent foresees the harm, and all other things are equal, a stronger case is needed to justify Harmful Direct Agency than to justify Harmful Indirect Agency. We distinguish between two Kantian rationales that might be given for the doctrine, a “dependent right” rationale, defended by Quinn, and an “independent right” rationale, which we defend. We argue that the doctrine and the “independent right” rationale for it are not vulnerable to counterexamples or counterproposals, and conclude by drawing implications for the larger debate over whether agents' intentions are in any way relevant to permissibility and obligation.
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“Freedom and Forgiveness”
Free Will and Moral Responsibility (Cambridge Scholars Press, 2013).
(show abstract | paper)
In this paper, I begin with a familiar puzzle about forgiveness, namely, how to distinguish forgiveness from excuse on the one hand and “letting go” on the other. After considering three recent and influential accounts of forgiveness that offer answers to this challenge among others, I develop an alternative model of forgiveness as a kind of personal release from debt or obligation. I argue that this model has a number of distinct advantages, including offering a new explanation of the subtle connections between forgiveness, resentment and perspective taking, as well as helping to provide plausible answers to normative questions such as whether forgiveness is ever morally required. Finally, I draw connections between the debate about forgiveness and the debate about free will, and suggest one way in which the compatibility of forgiveness and understanding of an action’s causes can illuminate the debate about the compatibility of freedom and determinism.
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“Responsibility, Conversation, and Desert: Comments on Michael McKenna’s Conversation and Responsibility”
Philosophical Studies (2013).
(paper)
“Desert, Fairness, and Resentment”
Philosophical Explorations (2013).
(show abstract | paper)
Responsibility, and blameworthiness in particular, has been characterized in a number of ways in a literature in which participants appear to be talking about the same thing much of the time. More specifically, blameworthiness has been characterized in terms of what sorts of responses are fair, appropriate, and deserved in a basic way, where the responses in question range over blame, sanctions, alterations to interpersonal relationships, and the reactive attitudes, such as resentment and indignation. In this paper, I explore the relationships between three particular theses: (i) the claim that one is blameworthy to the extent that it is fair to impose sanctions, (ii) the claim that one is blameworthy to the extent that one deserves sanctions, and (iii) the claim that one is blameworthy to the extent that it is appropriate to respond with reactive attitudes. Appealing to the way in which luck in the outcome of an action can justifiably affect the degree of sanctions received, I argue that (i) is false, and that fairness and desert come apart. I then argue that the relationship between the reactive attitudes and sanction is not as straightforward as has sometimes been assumed, but that (ii) and (iii) might both be true and closely linked. I conclude by exploring various claims about desert, including ones that link it to the intrinsic goodness of receiving what is deserved and to the permissibility or rightness of inflicting suffering.
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“Fairness and the Architecture of Responsibility” (with David O. Brink)
Oxford Studies in Agency and Responsibility (2013).
(show abstract | paper)
This essay explores a conception of responsibility at work in moral and criminal responsibility. Our conception draws on work in the compatibilist tradition that focuses on the choices of agents who are reasons-responsive and work in criminal jurisprudence that understands responsibility in terms of the choices of agents who have capacities for practical reason and whose situation affords them the fair opportunity to avoid wrongdoing. Our conception brings together the dimensions of normative competence and situational control, and we factor normative competence into cognitive and volitional capacities, which we treat as equally important to normative competence and responsibility. Normative competence and situational control can and should be understood as expressing a common concern that blame and punishment presuppose that the agent had a fair opportunity to avoid wrongdoing. This fair opportunity is the umbrella concept in our understanding of responsibility, one that explains it distinctive architecture.
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“Précis” and “Replies to Critics on Making Sense of Freedom and Responsibility”
Philosophy and Phenomenological Research [Critics: Randolph Clarke, Laura Ekstrom, and Gary Watson] (2013).
(show précis | paper)
“Replies to Critics on Making Sense of Freedom and Responsibility”
Philosophical Studies [Critics: Michael McKenna and Daniel Speak] (2013).
(paper)
“Immediate and Delayed Cardiovascular Effects of Forgiving,” (with Britta Larsen (first author), Ryan Darby, Christine Harris, Per-Erik Milam, and Nicholas Christenfeld (last author))
Psychosomatic Medicine (2012).
(paper)
“Self-Deception and Responsibility: A Framework”
Humana Mente (2012).
(show abstract | paper)
This paper focuses on the question of whether and, if so, when people can be responsible for their self-deception and its consequences. On Intentionalist accounts, self-deceivers intentionally deceive themselves, and it is easy to see how they can be responsible. On Motivationist accounts, in contrast, self-deception is a motivated, but not intentional, and possibly unconscious process, making it more difficult to see how self-deceivers could be responsible. I argue that a particular Motivationist account, the Desire to Believe account, together with other resources, best explains how there can be culpable self-deception. In the process, I also show how self-deception is a good test case for deciding important questions about the nature of moral responsibility.
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“Responsibility, Rational Abilities, and Two Kinds of Fairness Arguments,”
Philosophical Explorations (2009).
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In this paper, I begin by considering a traditional argument according to which it would be unfair to impose sanctions on people for performing actions when they could not do otherwise, and thus that no one who lacks the ability to do otherwise is responsible or blameworthy for their actions in an important sense. Interestingly, a parallel argument concluding that people are not responsible or praiseworthy if they lack the ability to do otherwise is not as compelling. Watson (1996/2004) offers in its stead an “interpersonal” argument that appeals to a distributive notion of unfairness to conclude that praiseworthy actions, too, require the ability to do otherwise. I argue that this argument does not succeed. At this point, it seems that we have support for an asymmetrical treatment of blameworthy and praiseworthy actions. However, I conclude that while such an asymmetrical treatment may ultimately be correct, there is reason to doubt that considerations of fairness of sanction and reward support an asymmetry as well as an appeal to the “ought-implies-can” principle.
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“Responsibility and Rational Abilities: Defending an Asymmetrical View,”
Pacific Philosophical Quarterly (2008).
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In this paper, I defend a view according to which one is responsible for one’s actions to the extent that one has the ability to do the right thing(s) for the right reasons. Following Susan Wolf, I call the view “asymmetrical” because it requires the ability to do otherwise when one acts badly (or for the wrong reasons), but it requires no such ability in cases in which one acts well for the right reasons. Despite the intuitive appeal of the view, its asymmetry makes it a target of both of the main camps in the debate over responsibility. I begin by motivating the view and distinguishing it from some of its main competitors, and then address two important objections to it. The first, developed by Gary Watson, primarily targets the implications for the view about “good” actions; it suggests that the view appears plausible only insofar as we fail to distinguish between two notions of responsibility, and goes on to raise deep questions about the relationship between fairness and responsibility. The second objection, raised initially by John Martin Fischer and Mark Ravizza, targets implications of the view concerning “bad” actions; it calls for examination of a wider set of intuitions that appear to undermine the plausibility of asymmetry, and that ultimately force us to confront questions concerning the nature of “ability” in this context. I argue that the asymmetrical view has surprisingly strong resources with which to meet both sorts of challenges.
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“Do We Have a Coherent Set of Intuitions about Moral Responsibility?”
Philosophy and the Empirical, Midwest Studies in Philosophy 31 (2007).
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In this paper, I focus on a set of experimental results that includes the testing of people’s intuitions about a wide variety of situations in efforts to either support or undermine traditional philosophical claims that one or another idea about moral responsibility is “intuitive”. Early experiments testing the conditions under which people are willing to attribute moral responsibility revealed a number of surprises, and, at first glance, suggested that people have no coherent concept of responsibility at all. I approach the problem in a ground-clearing way, and I argue that while the data does not require us to abandon the idea that we have a coherent concept of responsibility, it allows us to gain important insights into the contours of our concept and practices.
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“Good Luck to Libertarians: Reflections on Mele’s Luck and Free Will”
Philosophical Explorations 10 (2007).
(paper)
“Discriminating Shoppers Beware”
San Diego Law Review 43 (2006).
(paper)
“Tradition and the Law: A Response to Wax”
San Diego Law Review 42 (2005).
(paper)
“Freedom, Responsibility, and the Challenge of Situationism”
Free Will and Moral Responsibility, Midwest Studies in Philosophy 29 (2005).
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According to the situationist literature in social psychology, apparently unimportant elements of agents’ situations, rather than what we think of as agents’ stable character traits, play a large role in determining their behavior. For example, an experimenter in a white lab coat politely asks an unsuspecting subject to torture an innocent stranger, and, remarkably, this seems sufficient to induce obedience in otherwise ordinary subjects (Milgram (1963)). Or take an experiment recently much in the news because of the disturbing resemblance of the behavior of its subjects to those of American soldiers at Abu Ghraib: the Stanford Prison Experiment conducted by Zimbardo and colleagues in 1971. In that experiment, the behavior of undergraduates playing the roles of guards in a simulated prison became increasingly abusive to the point that the experiment was halted after just six days into a scheduled two week run. Recently, some philosophers (e.g., Doris (2002)) have argued that the situationist literature contains a serious threat to the assumptions of well-received moral theories, including the assumption that we are free and responsible agents. In my paper, I begin with the question: Why do freedom and responsibility appear to be threatened by this literature? Only by answering this question can we begin to answer the equally pressing question of whether appearances are a good guide to reality in this case. I argue that the situationist experiments appear threatening not in virtue of their support for the substantive thesis of situationism, according to which character traits play a lesser role in explaining behavior than situational factors. Rather, one ultimate reason they appear threatening is because they suggest the possibility that we are prevented in systematic ways from exercising our capacities to act for good reasons.
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“Deliberative Alternatives”
Philosophical Topics 32 (2004).
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This paper centers on how we conceive of our alternatives when we deliberate. I argue that being deliberators does not make us natural indeterminists; at the same time, I explore some of the other interesting commitments we might have about the alternatives we consider in deliberation. Taking a page from some philosophers of science who discuss scientific explanation, I employ the concept of a contrastive explanation in our deliberative commitments. Very roughly, I argue that at least one strong candidate commitment we have as deliberators is that we will be the explanatory nexus of our actions in such a way that our decisions provide a contrastive explanation of why we act in one way rather than another. This commitment helps explain why we can deliberate in many situations and why we cannot in many others, without assuming a belief in indeterminism.
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“Irrelevant Alternatives and Frankfurt Counterfactuals”
Philosophical Studies 121 (2004).
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In this paper, I consider a very interesting alternative way of defending compatibilism from the challenge that responsibility requires indeterministic options, and argue that it is destined to fail. Very generally, it is claimed to be irrelevant to an agent’s responsibility for an action whether she had alternatives, as long as it is true that she wouldn’t have availed herself of those alternatives even if she did have them. Since this sort of claim can be true, it follows that having alternatives can be irrelevant to responsibility. I believe that this approach fails for interesting reasons that I bring out in the paper, including a very natural confusion about how to understand both indeterministic and “interlegal” counterfactuals. I suggest that acknowledging these points leads to an appreciation of alternative ways of defending compatibilism.
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“The Sense of Freedom”
Freedom and Determinism (Cambridge: MIT Press, 2004).
(show abstract | paper)
This paper begins with a rare point of agreement among compatibilists, libertarians, and skeptics about freedom, namely, that in virtue of being rational deliberators, we have an inescapable sense of freedom. In this paper, I argue that this is correct, and that the best understanding of this claim is that we are committed in some way to our actions being up to us in such a way that we are accountable for them. Thus, we can understand our sense of freedom in such a way that does not require a commitment to our having undetermined alternatives. I make this key point, while offering a new account of what that sense of freedom is.
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“Moral Luck”
The Stanford Encyclopedia of Philosophy (Spring 2004 Edition) [Revised 2013 Summer Edition].
(paper)
“Self-Deception, Motivation, and the Desire to Believe”
Pacific Philosophical Quarterly 83 (2002).
(show abstract | paper)
In this paper, I take up the question of whether the phenomenon of self-deception requires a radical sort of partitioning of the mind, and argue that it does not. Most of those who argue in favor of partitioning accept a model of self-deception according to which the self-deceived person desires to and intentionally sets out to form a certain belief that she knows to be false. Such a model is similar to that of deception of other persons, and for this reason is thought to require that the self-deceiver’s mind be partitioned; one “part” of her knows the truth, while the other “part” is convinced of a false belief. I argue that while both the partitionist model and its main competitor should be rejected, each contains a key insight. On the one hand, anti-partitionist models correctly invoke some sort of desire or motivation on the part of self-deceivers as playing a role in the acquisition of their beliefs. But it is partitionists who identify the right sort of desire, namely, the desire to believe.
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“Warfield’s New Argument for Incompatibilism” (with Samuel C. Rickless),
Analysis (2002).
(paper)
“Phenomenal Consciousness and Intentionality: Comment on Charles Siewert’s The Significance of Consciousness”
Psyche: An Interdisciplinary Journal of Research on Consciousness (2001).
(paper)
“The Consequence Argument and the Mind Argument”
Analysis 61 (2001).
(show abstract | paper)
In this paper, I defend compatibilism of freedom and determinism against the Consequence Argument, which stands as one of the main pillars of support for incompatibilism. The basic idea of this argument is that if determinism is true, then our actions are the consequences of laws and events over which we have no control, and, therefore, our actions cannot be free. I consider this argument in conjunction with the classic anti-libertarian Mind Argument (so named for the journal in which it appeared on a number of occasions). The basic idea behind the Mind argument is that the prospects for freedom are not bright in an indeterministic world, thus undermining libertarian hopes. I go on to argue that the anti-compatibilist Consequence Argument and the anti-libertarian Mind argument stand and fall together, despite very clever attempts by libertarians to pry them apart. Thus, the two remaining choices are to accept both, in which case, one adopts skepticism, or to reject both, in which case one of the main arguments against compatibilism is undermined. Since there are good independent reasons to resist skepticism, compatibilism gains important support.
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“How to Solve Blum’s Paradox” (with Samuel C. Rickless),
Analysis 61 (2001). (paper)
“The Lottery Paradox, Knowledge, and Rationality”
The Philosophical Review 109 (2000).
(show abstract | paper)
The knowledge version of the paradox arises because it appears that we know our lottery ticket (which is not relevantly different from any other) will lose, but we know that one of the tickets sold will win. The rationality version of the paradox arises because it appears that it is rational to believe of each single ticket in, say, a million-ticket lottery that it will not win, and that it is simultaneously rational to believe that one such ticket will win. It seems, then, that we are committed to attributing two rational beliefs to a single agent at a single time, beliefs that, together with a few background assumptions, are inconsistent and can be seen by the agent to be so. This has seemed to many to be a paradoxical result: an agent in possession of two rational beliefs that she sees to be inconsistent. In my paper, I offer a novel solution to the paradox in both its rationality and knowledge versions that emphasizes a special feature of the lottery case, namely, the statistical nature of the evidence available to the agent. On my view, it is neither true that one knows nor that it is rational to believe that a particular ticket will lose. While this might seem surprising at first, it has a natural explanation and lacks the serious disadvantages of competing solutions.
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“Two Standpoints and the Belief in Freedom,”
Journal of Philosophy 97 (2000).
(show abstract | paper)
This paper begins with a problem posed by Kant: it appears that reason saddles us with inconsistent beliefs, namely, the belief that our actions are free and undetermined, and the belief that our actions are unfree and determined. I then assess an interpretation of Kant's own solution that has recently received considerable attention, both among Kant interpreters and among those working on freedom and responsibility more generally: the "Two Standpoints" account. On this account, it is not problematic to have contradictory beliefs, because each is held from a different standpoint. I then argue that it does not solve the problem it is designed to solve, and offer my own preferred response. On my view, we should reject a key assumption in the very posing of the problem: namely, the assumption that reason commits us to any belief about the truth of falsity of determinism.
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Book Reviews
Randolph Clarke, Omissions: Agency, Metaphysics, and Responsibility (with Samuel C. Rickless)
Notre Dame Philosophical Reviews (2015).
(review)
T. M. Scanlon, Moral Dimensions: Permissibility, Meaning, and Blame
The Philosophical Review (2011).
(review)
George Sher, Who Knew? Responsibility Without Awareness
Ethics 121 (2011).
(review)
Other Reviews and Interviews
“Interview on Free Will and Moral Responsibility”
Methode 2014.
(interview)
“Freedom Fighters” (Review of The Adjustment Bureau) (with Samuel C. Rickless)
The Philosopher’s Magazine 54 (2011).
(review)