Blame

This paper employs a feminist model of scapegoating designed to capture the function that scapegoating plays in the justification and masking of oppression, and examines specific forms of legislation that target the rights of trans people to uncover their scapegoating patterns. Because scapegoating is experienced as a justified attribution of blame, it evades the understanding of those participating in its dynamics. My aim is to make apparent the transphobic rhetoric that convinces people of its necessity, such that we can determine (...) the best means to undermine its discriminatory consequences. I do this by examining the scapegoating logic behind bills that seek to impact various aspects of the lives of trans people, including education, sports, identification, and healthcare. (shrink)

I argue that the blameworthy deserve to suffer in that they deserve to feel guilty and their feeling guilty necessitates their suffering the unpleasant experience of appreciating their culpability for their wrongdoing. I argue that the blameworthy deserve to feel guilty, because, as a matter of justice, the blameworthy owe it to those whom they’ve culpably wronged (a) to hold themselves accountable, (b) to fully appreciate their culpability and the moral significance of their wrongdoing, and (c) to have and to (...) show the proper regard for those whom they’ve wronged. And, as I argue, they must feel guilty in order to satisfy a-c. I also explain why, in thinking about whether the blameworthy deserve to feel guilty, the relevant comparison is between the world in which the blameworthy feel guilty and the world in which the non-blameworthy feel guilt and not, as many in the literature have supposed, between the world in which the blameworthy feel guilty and the world in which they don't feel guilty. (shrink)

Abstract: Contemporary analytic philosophers of the “reactive attitudes” tend to share a simple conception of guilt as “self-directed blame”—roughly, an “unpleasant affect” felt in combination with, or in response to, the thought that one has violated a moral requirement, evinced substandard “quality of will,” or is blameworthy. I believe that this simple conception is inadequate. As an alternative, I offer my own theory of guilt’s logic and its connection to morality. In doing so, I attempt to articulate guilt’s defining thought (...) or proposition through an extended investigation and analysis of guilt’s many competing metaphors, which I trace from the Hebrew Bible to the New Testament to Shakespeare to contemporary vernacular. My interpretation of this literary genealogy offers a way to understand guilt’s seemingly disparate metaphors in terms of a single master-image that illuminates our self-conceptions and our relationship to morality. I conclude by making a very brief start toward a moral vindication of guilt against the backdrop of Nietzschean and Freudian analyses that explicitly call guilt’s place in a healthy social and personal life into question. I suggest that once guilt’s logic is made explicit, we can see that it makes sense of, honors, and addresses some of our deepest aspirations and needs. (shrink)

I argue that influential recent discussions have whitewashed blame, characterizing it in ways that deemphasize or ignore its morally problematic features. I distinguish “definitional,” “creeping,” and “emphasis” whitewash, and argue that they play a central role in overall endorsements of blame by T.M. Scanlon, George Sher, and Miranda Fricker. In particular, these endorsements treat blame as appropriate by definition (Scanlon), or as little more than a wish (Sher), and infer from blame's having one useful function that it is a good (...) practice overall (Fricker). I use an analogy with revenge to illustrate the mechanisms of whitewashing, including broadening a concept to include available alternatives to it and inference from one feature of a practice to an overall conclusion about that practice. Several features of blame make it particularly prone to whitewashing, including blamers' personal or emotional stake in blaming and widespread disagreement about the nature of blame. I argue that a non‐whitewashing treatment of blame must pay closer attention both to blame's harms, and to comparisons between blame and alternative, non‐blaming reactions. (shrink)

Traditionally, those writing on blame have been concerned with blaming others, including when one has the standing to blame others. Yet some alleged problems for such accounts of standing arise when we focus on self-blame. First, if hypocrites lack the standing to blame others, it might seem that they also lack the standing to blame themselves. But this would lead to a bootstrapping problem, wherein hypocrites can only regain standing by doing that which they lack the standing to do. Second, (...) in addition to hypocrites, there may be hypercrites, who blame themselves more severely than others. Leading accounts for why hypocrites lack standing to blame others would also seem to imply that hypercrites lack the standing to blame others, but some may find this counterintuitive. We argue that neither of these problems from self-blame poses a unique threat to leading accounts of standing. (shrink)

A theory of blameworthiness must answer two fundamental questions. First, what makes a person blameworthy when they act? Second, what makes a person blameworthy after the time of action? Two main answers have been given to the second question. According to interminability theorists, blameworthiness necessarily doesn’t even diminish over time. Terminability theorists deny this. In this paper, I argue against interminability and in favour of terminability. After clarifying the debate about whether blameworthiness is interminable or terminable, I argue there’s no (...) positive case for interminability. I then respond to three objections to terminability. In doing so, I clarify the nature of blame, self-blame, and posthumous blame. I also give theoretical reasons in favour of the view that a person’s blameworthiness for a minor wrong can not only diminish but also cease completely. (shrink)

How does character information inform judgments of blame? Some argue that character information is indirectly relevant to blame because it enriches judgments about the mental states of a wrongdoer. Others argue that character information is directly relevant to blame, even when character traits are causally irrelevant to the wrongdoing. We propose an empirical synthesis of these views: a Two Channel Model of blame. The model predicts that character information directly affects blame when this information is relevant to the wrongdoing that (...) elicits blame. Further, the effect of character information on blame depends on judgments about the true self that are independent of judgments of intentionality. Across three pre-registered studies (N = 662), we found support for all three predictions of the Two Channel Model. We propose that this reflects two distinct functions of blame: a social regulatory function that encourages norm compliance and a pedagogical function that encourages personal improvement. (shrink)

Most business ethicists maintain that corporate actors are subject to a variety of moral obligations. However, there is a persistent and underappreciated concern that the competitive pressures of the market somehow provide corporate actors with a far-reaching excuse from meeting these obligations. Here, we assess this concern. Blending resources from the history of philosophy and strategic management, we demonstrate the assumptions required for and limits of this excuse. Applying the idea of ‘the state of nature’ from Thomas Hobbes, we suggest (...) that corporate actors would be excused from duties if complying with them threatened their vital interests. We show how this excuse is not available for most individuals within firms; instead, it is an excuse perhaps available to firms themselves, but only given substantive assumptions about corporate personhood. For those willing to make these assumptions, we apply the competitive advantage construct to delimit the scope of this excuse. We suggest that firms are excused from fulfilling an obligation when complying leads to a competitive disadvantage, as this imperils the firm’s vital interests. After revealing why this excuse does not generalize, we conclude by considering when we should reform the market to avoid the legitimacy of this excuse. (shrink)

In this paper I explore some ideas inspired by Federico Picinali’s Justice In-Between: A Study of Intermediate Criminal Verdicts. Picinali makes a case for the introduction of intermediate options in criminal trials – verdicts with consequences that are harsher than an acquittal, but not so harsh as a conviction. From a certain perspective, the absence of intermediate options in criminal trials is puzzling – out of kilter with much of our everyday decision-making and, perhaps, with the recommendations of expected utility (...) theory. I will argue, however, that the lack of intermediate options is much less puzzling when put in the context of our ordinary practices of blame and non-legal punishment. (shrink)

Both in everyday life and in moral philosophy, many think that our own past wrongdoing can undermine our standing to indignantly blame others for similar wrongdoing. In recent literature on the ethics of blame, we find two different kinds of explanation for this. Relative moral status accounts hold that to have standing to blame, you must be better than the person you are blaming, in terms of compliance with the norm. Fault-based accounts hold that those who blame others for things (...) of which they are also guilty exhibit familiar moral faults, such as making an exception of oneself, and that these faults explain why they lack standing. I argue in support of relative moral status accounts, showing that they both better trace our practice of dismissing blame on the basis of lack of standing, and that they have more explanatory resources than has been appreciated. (shrink)

Pragmatic vindicatory genealogies provide both a cause and a rationale and can thus affect the space of reasons. But how far is the space of reasons affected by this kind of genealogical argument? What normative and evaluative implications do these arguments have? In this paper, I unpack this issue into three different sub-questions and explain what kinds of reasons they provide, for whom are these reasons, and for what. In relation to this final sub-question I argue, most importantly, that these (...) arguments are ambiguous about what they give us reasons for, meaning that they can be interpreted both as justifications for recognizing the normative standing of certain norms, values, and practices - and thus for living by them - and as excuses for those that do so. I illustrate this point by reference to the genealogical vindication of honour cultures, showing how the vindicatory argument can illuminate such case as one of excusing moral ignorance. Drawing on legal theory and moral philosophy, I show that different evaluative and normative implications hang on the result of the interpretation as either justification or excuse, and show that this ambiguity is a virtue rather than a limitation. (shrink)

Blame abounds in our everyday lives, perhaps no more so than on social media. With the rise of social networking platforms, we have access to more information about others’ blameworthy behaviour and larger audiences to whom we can express our blame. But these audiences, while large, are typically not diverse. Social media tends to create what I call “blame bubbles”: systems in which expressions of blame are shared amongst agents with similar moral outlooks while dissenting views are excluded. Many have (...) criticised the blame expressed on social media, arguing that it is often unfitting, excessive, and counterproductive. In this talk, I’ll argue that while blame bubbles can be guilty of these charges, they are also well placed to do important moral work. I’ll then attempt to identify the causal source of these bad-making features and explore potential structural interventions that can make blame bubbles better at performing their moral function and less likely to generate harmful consequences. (shrink)

In a well-known apocryphal story, Theresa of Avila falls off the donkey she was riding, straight into mud, and injures herself. In response, she seems to blame God for her fall. A playful if indignant back and forth ensues. But this is puzzling. Theresa should never think that God is blameworthy. Why? Apparently, one cannot blame what one worships. For to worship something is to show it a kind of reverence, respect, or adoration. To worship is, at least in part, (...) to praise. You cannot praise and blame simultaneously. Indeed, Paul counsels against “back-talk” against God, suggesting we lack the standing to blame our creator (Romans 9:20). Drawing on Strawsonian theorizing about praise and blame, this paper argues that, surprisingly, a person can both blame and worship God. Although blameful worship is possibly epistemically akratic, it may sometimes be acceptable given our nature as finite, emotional beings. In fact, blaming God might on occasion be the only way we have to stand with God’s goodness despite apparent evidence of evil in the world. This suggestion, I’ll argue, should change the way we think about the problem of evil. The problem has interpersonal and moral psychological dimensions that merit serious attention. (shrink)

It is uncontroversial that something goes wrong with the blaming practices of hypocrites. However, it is more difficult to pinpoint exactly what is objectionable about their blaming practices. I contend that, just as epistemologists have recently done with blame, we can constructively treat hypocrisy as admitting of an epistemic species. This paper has two objectives: first, to identify the epistemic fault in epistemically hypocritical blame, and second, to explain why epistemically hypocritical blamers lose their standing to epistemically blame. I tackle (...) the first problem by appealing to an epistemic norm of consistency. I address the second by arguing that the epistemically hypocritical blamer commits to an opting-out of the set of shared epistemic standards that importantly underlies our standing to epistemically blame. I argue further that being epistemically hypocritical undermines a blamer’s standing even to judge epistemically blameworthy. (shrink)

When someone blames you, you might accept the blame or you might reject it, challenging the blamer’s interpretation of the facts or providing a justification or excuse. Either way, there are opportunities for edifying moral discussion and moral repair. But another common, and less constructive, response is to simply dismiss the blame, refusing to engage with the blamer. Even if you agree that you are blameworthy, you may refuse to engage with the blame—and, specifically, with blame coming from this particular (...) person. This is a common response if the blamer is being hypocritical or meddlesome in blaming the wrongdoer. This paper aims to make sense of this kind of response: What are we doing when we dismiss blame? A common thought is that we dismiss demands issued by blame, but we still must identify the content of the relevant demands. My proposal is that when we dismiss blame, we dismiss a demand to respond to the blame with a second-personal expression of remorse to the blamer. (shrink)

Groups have committed historical wrongs (e.g., genocide, slavery). We investigated why people blame current groups who were not involved in the original historical wrong for the actions of their predecessors who committed these wrongs and are no longer alive. Current models of individual and group blame overlook the dimension of time and therefore have difficulty explaining this phenomenon using their existing criteria like causality, intentionality, or preventability. We hypothesized that factors that help psychologically bridge the past and present, like perceiving (...) higher (a) connectedness between past and present perpetrator groups, (b) continued privilege of perpetrator groups, (c) continued harm of victim groups, and (d) unfulfilled forward obligations of perpetrator groups would facilitate higher blame judgments against current groups for the past. In two repeated-measures surveys using real events (N1 = 518, N2 = 495) and two conjoint experiments using hypothetical events (N3 = 598, N4 = 605), we find correlational and causal evidence for our hypotheses. These factors link present groups to their past and cause more historical blame and support for compensation policies. This work brings the dimension of time into theories of blame, uncovers overlooked criteria for blame judgments, and questions the assumptions of existing blame models. Additionally, it helps us understand the psychological processes undergirding intergroup relations and historical narratives mired in historical conflict. Our work provides psychological insight into the debates on intergenerational justice by suggesting methods people can use to ameliorate the psychological legacies of historical wrongs and atrocities. (shrink)

In deciding whether to forgive, we often focus on the wrongdoer, looking for an apology or a change of ways. However, to fully consider whether to forgive, we need to expand our focus from the wrongdoer and their wrongdoing, and we need to consider who we are, what we care about, and what we want to care about. The difference between blame and forgiveness is, at bottom, a difference in priorities. When we blame, we prioritize the wrong, and when we (...) forgive, we shift our priorities away from the wrong. Recognizing this essential role for priorities in forgiveness allows us to address a thorny puzzle in thinking about forgiveness: how is it that forgiveness can be both principled and elective? If there is sufficient reason to forgive, as will sometimes be the case because forgiveness is principled, how can it be reasonable to withhold forgiveness? Recognizing that forgiveness is a shift in our priorities dissolves this apparent tension between forgiveness being principled and forgiveness being elective. (shrink)

The goal of this paper is to show that Thomas Aquinas, in his _Disputed Questions on Evil_, presents a theory of free will that is compatibilist but still involves a version of the principle of alternative possibilities (PAP) and even requires alternative possibilities for a certain kind of responsibility. In Aquinas’ view, choosing between possibilities is not the primary power of the will. Rather, choice arises through the complex interaction of various parts of human psychology, in particular through the indeterminacy (...) of the intellect and through the interaction between reason and passion. Both of these ways provide cases where Aquinas not only allows for alternative possibilities but thinks that they are necessary for moral responsibility, all the while remaining, strictly speaking, a compatibilist. (shrink)

Can we hold agents responsible for their implicitly biased behavior? The aim of this text is to show that, from the nurturing stance, holding subjects responsible for their implicitly biased behavior is justified, even though they are not blameworthy. First, I will introduce the nurturing stance as Daphne Brandenburg originally developed it. Second, I will specify what holding somebody responsible from the nurturing stance amounts to. Third, I show how and why holding responsible can help a subject develop an impaired (...) capacity. Fourth, I analyze empirical data about holding prejudiced subjects responsible and highlight that the internal motivation to control prejudiced reactions decreases implicit attitudes’ influences. Furthermore, the data show that in order to be appropriate moral demands have to acknowledge the target's autonomy and competence. In sum, from the nurturing stance, holding implicitly biased subjects responsible is appropriate if they can adequately respond to the moral demands. (shrink)

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)

1. We sometimes angrily confront, pointedly ostracize, castigate, or denounce those whom we think have committed moral offences. Conduct of this kind may be called blaming behaviour. When genuine,...

I argue for responsibility internalism. That is, moral responsibility (i.e., accountability, or being apt for praise or blame) depends only on factors internal to agents. Employing this view, I also argue that no one is responsible for what AI does but this isn’t morally problematic in a way that counts against developing or using AI. Responsibility is grounded in three potential conditions: the control (or freedom) condition, the epistemic (or awareness) condition, and the causal responsibility condition (or consequences). I argue (...) that causal responsibility is irrelevant for moral responsibility, and that the control condition and the epistemic condition depend only on factors internal to agents. Moreover, since what AI does is at best a consequence of our actions, and the consequences of our actions are irrelevant to our responsibility, no one is responsible for what AI does. That is, the so-called responsibility gap exits. However, this isn’t morally worrisome for developing or using AI. Firstly, I argue, current AI doesn’t generate a new kind of concern about responsibility that the older technologies don’t. Then, I argue that responsibility gap is not worrisome because neither responsibility gap, nor my argument for its existence, entails that no one can be justly punished, held accountable, or incurs duties in reparations when AI causes a harm. (shrink)

A growing body of literature has revealed ordinary causal judgement to be sensitive to normative factors, such that a norm-violating agent is regarded more causal than their non-norm-violating counterpart. In this paper, we explore two competing explanations for this phenomenon: the Responsibility View and the Bias View. The Bias View, but not the Responsibility View, predicts features peripheral to the agent’s responsibility to impact causal attributions. In a series of three preregistered experiments (N = 1162), we present new evidence that (...) the Norm Effect arises from such peripheral features, namely from nonpertinent or entirely silly norm violations. Furthermore, we show that this effect cannot be explained by recourse to the agent’s foreknowledge or desire of the outcome, nor by its foreseeability: the Norm Effect arises even when participants judge the norm-violating agent’s doing as equally foreseeable. This, we argue, provides evidence in favour of the Bias View. (shrink)

Charging others with hypocrisy often acts as a way of rejecting the practical reasons they attempt to give (Herstein, 2017). There are some merits to a practice of rejecting reasons. To accept others’ provided reasons as valid is to affirm their authority in the relevant normative domain (Isserow and Klein, 2017). Conversely, to reject these reasons as invalid is to undermine the reason-givers’ authority in the domain. However, this practice can be rife with abuse—if we allow charges of ‘Hypocrite!’ to (...) take hold too broadly, we risk compromising the entire enterprise of reason-giving. I propose that one form of such abuse has already entered into our normative vocabulary with the concept of ‘hypocritical advice.’ At best, this term plays a superfluous role in our normative vocabulary; at worst, its vagueness perpetuates a vicious practice of reason-rejecting. Regardless of the severity of its impact on normative discourse, I will argue herein that we should do away with talk of ‘hypocritical advice.’ -/- I begin by echoing a standard distinction between second- and third-personal reasons and the corresponding types of authority that ground agents’ abilities to give reasons of each kind (sec. 2). After briefly discussing the connection between authority and hypocrisy (sec. 3), I argue that most purported cases of hypocritical advice-giving rest on a confusion between an utterance as communicating second- or third-personal reasons (sec. 4). Against recent suggestions that reasons given unambiguously as advice can be hypocritical, I demonstrate that the basis for rejecting third-personal reasons given in hypocritical advice is an interestingly different one than for rejecting second-personal reasons given through blame (sec. 5). I close with some final considerations against keeping ‘hypocritical advice’ in our normative vocabulary. (shrink)

There is an ethics of blaming the person who deserves blame. The Christian scriptures imply the following no-vengeance condition: a person should not vengefully overtly blame a wrongdoer even if she gives the wrongdoer the exact negative treatment that he deserves. I explicate and defend this novel condition and argue that it demands a revolution in our blaming practices. First, I explain the no-vengeance condition. Second, I argue that the no-vengeance condition is often violated. The most common species of blame (...) involves anger; anger conceptually includes a desire for vengeance; and there are many pleasures in payback. Third, I clarify that it is possible to blame non-vengefully in anger and highlight three good uses for anger in non-vengeful blame. Fourth, I offer two reasons that justify the divine command prohibiting vengeance, and I note that the Christian God is merely sufficient to make non-vengeance morally obligatory. Fifth, I defend the no-vengeance condition against four biblical objections. (shrink)

In a series of ten preregistered experiments (N=2043), we investigate the effect of outcome valence on judgments of probability, negligence, and culpability – a phenomenon sometimes labelled moral (and legal) luck. We found that harmful outcomes, when contrasted with neutral outcomes, lead to increased perceived probability of harm ex post, and consequently to increased attribution of negligence and culpability. Rather than simply postulating a hindsight bias (as is common), we employ a variety of empirical means to demonstrate that the outcome-driven (...) asymmetry across perceived probabilities constitutes a systematic cognitive distortion. We then explore three distinct strategies to alleviate the hindsight bias and its downstream effects on mens rea and culpability ascriptions. Not all are successful, but at least some prove promising. They should, we argue, be taken into consideration in criminal jurisprudence, where distortions due to the hindsight bias are likely considerable and deeply disconcerting. (shrink)

In this paper, I first argue that sometimes freely and knowingly manipulating oneself does not fully preserve moral responsibility – namely, in cases of practically distinct self-manipulation. However, I argue that practically distinct self-manipulation preserves moral responsibility to some extent because such a self-manipulated person is more morally responsibility than an other-manipulated person. This is an important result: manipulating oneself doesn’t always fully preserve one’s moral responsibility for one’s actions. But in what sense is the self-manipulated person more morally responsible? (...) I argue the self-manipulated person is not a fitting target of the reactive attitudes but continues to have wrongdoing-incurred reparative obligations. This explains the intuitive judgement about the self-manipulated person, provides a better explanation of “tracing” cases, and reveals important requirements for a plausible theory of moral responsibility. (shrink)

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)

Philosophers have argued that subjects who act wrongly in the situationist psychology experiments are morally responsible for their actions. This paper argues that though the obedient subjects in Milgram’s ‘Obedience to Authority’ experiments are blameworthy, since most of us would have acted in the same manner they did, it is inappropriate for most of us to blame them. On Todd’s ([2019]. “A Unified Account of the Moral Standing to Blame.” Noûs 53 (2): 347–374.) recent account of standing to blame, agents (...) lack the standing to blame others for a wrong when they are not sufficiently committed to the moral values which would condemn that wrong. I argue that the obedient subjects lack sufficient commitment to the kinds of values which would condemn their wrongdoing. This is evidenced by the fact that the wrongdoing was severe, that the subjects had the capacity to avoid wrongdoing, and that there was very little cost to avoiding wrongdoing. Since these studies are very well-replicated, most of us in the moral community would have acted as they did for similar reasons. At least 80% of us therefore lack the standing to blame the obedient subjects. (shrink)

According to the thesis of doxastic wronging, our beliefs can non-derivatively wrong others. A recent criticism of this view claims that proponents of the doxastic wronging thesis have no principled grounds for denying that credences can likewise non-derivatively wrong, so they must countenance pervasive conflicts between morality and epistemic rationality. This paper defends the thesis of doxastic wronging from this objection by arguing that belief bears distinctive relationships to inquiry and blame that can explain why beliefs, but not credences, can (...) non-derivatively wrong. First, forming a belief (but not updating one’s credence) closes inquiry, and suspending judgment (but not updating one’s credence) opens inquiry. Consequently, beliefs can distinctively wrong others by prematurely closing inquiry or inappropriately opening inquiry. Second, beliefs (but not credences) can constitute blame. Unfittingly blaming someone can wrong them, and hence beliefs which constitute unfitting blame can distinctively wrong. In addition to defending the claim that only beliefs can non-derivatively wrong, this paper gestures towards an ethics of belief which attends to the relationship between belief and attitudes such as inquiry, faith, trust, and blame. (shrink)

Should we use the same standard of proof to adjudicate guilt for murder and petty theft? Why not tailor the standard of proof to the crime? These relatively neglected questions cut to the heart of central issues in the philosophy of law. This paper scrutinises whether we ought to use the same standard for all criminal cases, in contrast with a flexible approach that uses different standards for different crimes. I reject consequentialist arguments for a radically flexible standard of proof, (...) instead defending a modestly flexible approach on non-consequentialist grounds. The system I defend is one on which we should impose a higher standard of proof for crimes that attract more severe punishments. This proposal, although apparently revisionary, accords with a plausible theory concerning the epistemology of legal judgments and the role they play in society. (shrink)

T. M. Scanlon posits a universal moral relationship in response to the worry that his relational approach to blame cannot answer the question of how strangers can fittingly blame one another. However, commentators have noted that appealing to universal moral standards seems to explicitly deviate from a relational approach’s basis in actual relationship norms. This paper argues that Scanlon’s idea of a moral relationship can nevertheless provide a basis for response to the problem of strangers if we recognize that actual (...) and ideal moral relationships both play a role within the relational approach. An interesting consequence of this recognition is that it seems to undermine the moral relationship’s universality. However, a presumptive case for assuming the relationship exists even between strangers can be found in seeing our blaming practices as akin to public policy nudges, where blame operates like an opt-out choice architecture with respect to the moral relationship. On this understanding, though the moral relationship is escapable, individuals are naturally encouraged to participate through the expression of interpersonal attitudes that communicate relational norms and expectations. (shrink)

I advocate scepticism about epistemic blame; the view that we have good reason to think there is no distinctively epistemic form of blame. Epistemologists often find it useful to draw a distinction between blameless and blameworthy norm violation. In recent years, this has led several writers to develop theories of ‘epistemic blame.’ I present two challenges against the very idea of epistemic blame. First, everything that is supposedly done by epistemic blame is done by epistemic evaluation, at least according to (...) a prominent view about the social role of epistemic evaluation. Parsimony considerations count against introducing an idle mechanism that does the same work as an existing one. Second, no current theory of epistemic blame includes a plausible account of the force of epistemic blame or the practices that could express it. I conclude that we should give up the notion of epistemic blame. (shrink)

Many philosophers think that forgiveness is a private affair. Some say forgiveness is the forswearing or overcoming or moderating of resentment (or other negative emotions). Others say that to forgive is to refuse to punish. Some say forgiveness is openness to reconciliation with one’s wrongdoer. According to these approaches, forgiveness involves certain changes in one’s beliefs, desires, feelings, emotions, decisions, intentions, commitments, and memories. What these accounts all have in common is that they locate forgiveness in the realm of the (...) mental. But there is also a strand of thinking that says that paradigmatic instances of forgiveness are performed, typically by saying something like “I forgive you.” In this chapter, I explain this view, defend it, and discuss some objections to it. (shrink)

I examine a particular case in which moral guilt seems to be incurred even though the agent cannot be said to be blameworthy in any way. I argue that the agent-regret induced by one’s causal involvement in bringing about the bad state of affairs is not always sufficient to account for the extent of guilt, and I suggest that the sense of failure in terms of fulfilling tasks that arise from role-responsibilities that have been taken on must be considered as (...) well. Then I explain that this kind of moral guilt is a significant aspect of our practical life because the agent who has taken on a substantial role-responsibility such as parenthood is subject to conflicting demands as a result and because the agent cannot be expected to fulfill all the tasks associated with this role-responsibility on one’s own. (shrink)

Central cases of moral blame suggest that blame presupposes that its target deserves to feel guilty, and that if one is blameworthy to some degree, one deserves to feel guilt to a corresponding degree. This, some think, is what explains why being blameworthy for something presupposes having had a strong kind of control over it: only given such control is the suffering involved in feeling guilt deserved. This chapter argues that all this is wrong. As evidenced by a wider range (...) of cases, blame doesn’t presuppose that the target deserves to feel guilt and doesn’t necessarily aim at the target’s suffering in recognition of what they have done. On the constructive side, the chapter offers an explanation of why, in many cases of moral blameworthiness, the agent nevertheless does deserve to feel guilt. The explanation leans on a general account of moral and non-moral blame and blameworthiness and a version of the popular idea that moral blame targets agents’ objectionable quality of will. Given the latter idea, the morally blameworthy have harmed the standing of some person or value, giving rise to obligations to give correspondingly less relative weight to their own standing, and so, sometimes, to their own suffering. (shrink)

Self-blame is an integral part of our lives. We often blame ourselves for our failings and experience familiar unpleasant emotions such as guilt, shame, regret, or remorse. Self-blame is also what we often aim for when we blame others: we want the people we blame to recognize their wrongdoing and blame themselves for it. Moreover, self-blame is typically considered a necessary condition for forgiveness. However, until now, self-blame has not been an integral part of the theoretical debate on moral responsibility. (...) This volume presents twelve new essays by leading moral philosophers, who set out bold new theories of the nature and ethics of self-blame, and the interconnection between self-blame and moral responsibility. The essays cast new light on traditional problems in the debate on moral responsibility and open new, exciting avenues for research in moral philosophy, moral psychology and the philosophy of punishment. (shrink)

This Element examines the concept of moral responsibility as it is used in contemporary philosophical debates and explores the justifiability of the moral practices associated with it, including moral praise/blame, retributive punishment, and the reactive attitudes of resentment and indignation. After identifying and discussing several different varieties of responsibility-including causal responsibility, take-charge responsibility, role responsibility, liability responsibility, and the kinds of responsibility associated with attributability, answerability, and accountability-it distinguishes between basic and non-basic desert conceptions of moral responsibility and considers a (...) number of skeptical arguments against each. It then outlines an alternative forward-looking account of moral responsibility grounded in non-desert-invoking desiderata such as protection, reconciliation, and moral formation. It concludes by addressing concerns about the practical implications of skepticism about desert-based moral responsibility and explains how optimistic skeptics can preserve most of what we care about when it comes to our interpersonal relationships, morality, and meaning in life. (shrink)

In this dissertation I develop a philosophical theory of scapegoating that explains the role of blame-shifting and guilt avoidance in the endurance of oppression. I argue that scapegoating masks and justifies oppression by shifting unwarranted blame onto marginalized groups and away from systems of oppression and those who benefit from them, such that people in dominant positions are less inclined to notice or challenge its workings. I first identify a gap in our understanding of oppression, namely how oppression endures despite (...) widespread formal commitments to principles of equality and justice. I argue that prominent theories of oppression do not place enough weight on the question of how oppression is justified and concealed from us through blame-shifting, in ways that enable its persistence without our explicit approval of its systems. Scapegoating, a concept as old as the Bible, offers potential insight into the means through which we shift blame and avoid responsibility. However, my survey of the genealogy of scapegoating shows that existing conceptualizations of scapegoating are limited in their scope and cannot be applied to explain the endurance of oppression. I propose an ameliorative theory of scapegoating that accounts for deficiencies in prevailing theories of both oppression and scapegoating. Distinct from interpersonal theories and psychologistic analyses of scapegoating, my theory characterizes scapegoating according to its social function in oppression, thereby explaining structural dimensions that are not already captured by other accounts.With the motivation and ingredients in place, I develop my theory of scapegoating as made up of three sub-mechanisms: essentialization of marginalized groups as blameworthy, collective interest in protection against a threat, and social exclusion of the blamed. These sub-mechanisms work together to construct certain groups as scapegoats and encourage us to treat them accordingly through various structural and interpersonal means. I argue that scapegoating has important implications for the formation of social identities; namely, scapegoating constructs social identities in an oppressive arrangement that is largely hidden from us but informs our social and affective relations. By constructing some identities as essentially blameworthy and threatening, dominantly situated identity groups are encouraged to internalize a protected status, act together in defense of their status, and maintain systems of oppressive exclusion. Finally, I elaborate the epistemic dimensions of my theory of scapegoating to argue that scapegoating functions within our social imaginaries and structural epistemic practices. In particular, I focus on the ways that ignorance functions to maintain the scapegoat mechanism, and how scapegoating helps insulate structural forms of ignorance. I end by considering the potential for resistance to scapegoating. (shrink)

This paper points out neglected considerations about the standing to blame. It starts from the observation that the standing to blame debate largely focusses on factors concerning the blamer or the relation of blamer and wrongdoer, mainly hypocrisy and meddling, while neglecting the victim of wrongdoing. This paper wants to set this right by pointing out how considerations about the victim can impact a third party’s standing. The first such consideration is the blamer’s personal relation to the victim. It is (...) argued that persons close to the victim thereby gain standing even in the presence of factors that would normally undermine it. Arguing from the well-known sexual assault case of Chanel Miller and the public reactions to it, the paper then introduces two more considerations about standing hitherto neglected. First, given that blame has an expressive function and serves to contradict expressive aspects of wrongdoings, it is argued that third-party blame can morally support the victim in the face of wrongdoing and that such support matters to victims. It is argued that this importance of third-party blame can ground standing. Thirdly and relatedly, the paper argues that insufficient collective responses to wrongdoing, i.e. when other bystanders do not respond with sufficient blaming responses, can equally ground standing of third parties. It is argued that these considerations are relevant not only for an ethics of blame broadly conceived but also for standing to blame in particular. Thereby, the paper establishes that considerations about the victim are central for discussion of the standing to blame. (shrink)

I argue that there are some situations in which it is praiseworthy to be motivated only by moral rightness de dicto, even if this results in wrongdoing. I consider a set of cases that are challenging for views that dispute this, prioritising concern for what is morally important in moral evaluation. In these cases, the agent is not concerned about what is morally important, does the wrong thing, but nevertheless seems praiseworthy rather than blameworthy. I argue that the views under (...) discussion cannot accommodate this, and should be amended to recognise that it is often praiseworthy to be motivated to do what is right. (shrink)

Sometimes it is not one’s place to blame or forgive. This phenomenon is captured under the philosophical notion of standing. However, there is an asymmetry to be explained here. One can successfully blame, even if one lacks the standing to do so. Yet, one cannot successfully forgive if one lacks the standing to do so. In this article we explain this asymmetry. We argue that a complete explanation depends on not only a difference in the natures of the standing to (...) blame and forgive but also a difference in the natures of blame and forgiveness themselves. (shrink)

This paper presents a series of studies (total N=579) which demonstrate that folk judgments concerning the reasonableness of decisions and actions depend strongly on whether they engender positive or negative consequences. A particular decision is deemed more reasonable in retrospect when it produces beneficial consequences than when it produces harmful consequences, even if the situation in which the decision was taken and the epistemic circumstances of the agent are held fixed across conditions. This finding is worrisome for the law, where (...) the reasonable person standard plays a prominent role. The legal concept of reasonableness is outcome-insensitive: whether the defendant acted in a reasonable fashion or not depends exclusively on her context of action, no matter how things play out. Folk judgments of reasonableness are thus inconsistent with the legal concept of reasonableness. Problematically, in common law jurisdictions, the decision whether a defendant’s behavior was reasonable or not is frequently (though not necessarily) delegated to a lay jury. (shrink)

Philosophers analyzing standing to blame have argued that in view of a blamer’s own fault she can lack standing to blame another for an act even if the act is blameworthy and that standingless, hypocritical blame is pro tanto morally wrongful. The bearing of these conclusions on standing to praise is yet to receive the attention it deserves. I defend two claims. The first is the conditional claim that if and are true, so are and. The latter are: a praiser (...) can lack the standing to praise herself for an act even if that act is praiseworthy and standingless, hypocritical praise is pro tanto morally wrongful. So I am suggesting that facts about standing to blame reflect more general facts about standing to hold responsible. The second is the claim that and are true. (shrink)

We praise people for morally good things: giving to charity, being generous, having compassion for the needy. We blame for morally bad things: cheating on one’s spouse, being selfish, harboring ill will towards others. What are praise and blame, though? When are they appropriate? This essay reviews influential answers to these questions.

According to the argument from gratuitous evil, if God were to exist, then gratuitous evil wouldn’t; but gratuitous evil does exist, so God doesn’t. We can evaluate different views of divine providence with respect to the resources they are able to bring to bear when encountering this argument. By these lights, theological determinism is often seen as especially problematic: the determinist is seen as having an impoverished set of resources to draw from in her attempts to respond to the argument (...) from gratuitous evil. In particular, there is an important resource – an appeal to free will – that many have claimed is unavailable to the determinist. I argue that the determinist does not in fact suffer from this particular resource deficit. I do so by examining some recent work on determinist responses to the problem of evil, analyzing some of the ways in which they fall short, and proposing a new response that is informed by those shortcomings. This new response is built on an appeal to the reactive attitudes. (shrink)