This paper argues that praise is governed by a norm of standing, namely the evaluative commitment condition. Even when the target of praise is praiseworthy and known to be so by the praiser, praise can be inappropriate owing to the praiser’s lacking the relevant evaluative commitment. I propose that uncommitted praisers lack the standing to praise in that, owing to their lack of commitment to the relevant value, they have not earned the right to host the co-valuing that is the (...) communicative aim of praise. (shrink)

Are mandatory lockdown measures, which place restrictions on one’s freedom to move and assemble, justifiable? Offhand, such measures appear to compromise important rights to secure goals of public health. Proponents of such measures think the trade-off is worth it; opponents think it isn’t. However, one might think that casting the debate in these terms concedes too much to the opponents. Mandatory lockdown measures don’t infringe important rights because no one has a right to impose a risk of grievous harm on (...) others—and, in the context of a pandemic, participating in the prohibited activities (e.g., going out to the bar) does just that. -/- This chapter explores whether this defense of mandatory lockdown measures holds up. It, first, considers whether we have a right against risk imposition—and, if so, how such a right is best understood. It then considers the objection that, even if there is such a right, people who voluntarily choose to engage in the prohibited activities—at least if fully appraised of the risks involved—effectively waive it. The chapter argues that this objection fails. (shrink)

Reasons-responsive accounts of praiseworthiness say, roughly, that an agent is praiseworthy for an action just in case the reasons that explain why they acted are also the reasons that explain why the action is right. In this paper, we argue that reasons-responsive accounts imply that some actions of non-human animals are praiseworthy. Trying to exclude non-human animals, we argue, risks neglecting cases of inadvertent virtue in human action and undermining the anti-intellectualist commitments that are typically associated with reasons-responsive accounts. Of (...) course, this could be taken as a reason to reject reasons-responsive accounts, rather than as a reason to attribute praiseworthiness to non-human animal action. We respond to two reasons that one might resist the implication that non-human animal action can be praiseworthy. The first appeals to intuition: it’s too counterintuitive to attribute praiseworthiness to non-human animal action. In response, we argue that once the factors that determine an action’s praiseworthiness are disambiguated from the factors that determine whether an agent should be praised, the intuitive objection loses much of its force. The second appeals to empirical evidence: attributing praiseworthiness to non-human animal action involves a problematic kind of anthropomorphizing. First, we point out that this objection is mostly an _a priori_ objection in _a posteriori_ clothes: whether we give anthropomorphic vs. anthropectic explanations is a methodological choice, not an empirical one. Second, we argue that considerations from the literature on rational analysis and radical interpretation actually support anthropomorphic explanations over anthropectic explanations. (shrink)

The Moral Equality Account of Hypocrisy (ME) is a prominent theory of why hypocrites lack moral standing to blame. Hypocrites make exceptions for themselves and thereby implicitly deny moral equality, which is an essential premise of moral standing to blame. ME has recently faced challenges from philosophers who deny that it is the hypocrite’s rejection of moral equality that causes her to lose moral standing to blame. I have distinguished three main challenges which I discuss and rebut in this article: (...) “The Internal Blame and Blame of Fictional Characters Challenge”, which I attribute to Todd ( 2019 ), and “The Hypercrite Challenge” and “The Inegalitarian Norm Challenge”, which are due to Lippert-Rasmussen ( 2021 ). The article begins by offering an account of ME. It fills in a few gaps in the theory, by explaining why it is necessary for a blamer to invoke a special right to blame and by determining the type of right that standing to blame is. It also distinguishes between the question of why hypocrisy is wrong or bad, and the question of why it undermines moral standing to blame. I hold that several theories provide plausible answers to the first question, but only ME has so far given a good answer to the second question. When distinguishing properly between these two questions, we see that ME can respond satisfactorily to the three challenges. (shrink)

One of the most influential accounts of blame—the affective account—takes its cue from P.F. Strawson’s discussion of the reactive attitudes. To blame someone, on this account, is to target her with resentment, indignation, or (in the case of self-blame) guilt. Given the connection between these emotions and the demand for regard that is arguably central to morality, the affective account is quite plausible. Recently, however, George Sher has argued that the affective account of blame, as understood both by Strawson himself (...) and by contemporary Strawsonians, is inadequate because it cannot make sense of blameworthiness. In this paper I defend the affective account of blame against several of Sher’s arguments for this conclusion. In the process, I clarify the Strawsonian account of moral responsibility, and I discuss how the affective account of blame ought to be understood and articulated. (shrink)

It is widely accepted that there is what has been called a non-hypocrisy norm on the appropriateness of moral blame; roughly, one has standing to blame only if one is not guilty of the very offence one seeks to criticize. Our acceptance of this norm is embodied in the common retort to criticism, “Who are you to blame me?”. But there is a paradox lurking behind this commonplace norm. If it is always inappropriate for x to blame y for a (...) wrong that x has committed, then all cases in which x blames x (i.e. cases of self-blame) are rendered inappropriate. But it seems to be ethical common-sense that we are often, sadly, in position (indeed, excellent, privileged position) to blame ourselves for our own moral failings. And thus we have a paradox: a conflict between the inappropriateness of hypocritical blame, and the appropriateness of self-blame. We consider several ways of resolving the paradox, and contend none is as defensible as a position that simply accepts it: we should never blame ourselves. In defending this startling position, we defend a crucial distinction between self-blame and guilt. (shrink)

In response to criticism, we often say – in these or similar words – “Let’s see you do better!” Prima facie, it looks like this response is a challenge of a certain kind – a challenge to prove that one has what has recently been called standing. More generally, the data here seems to point a certain kind of norm of criticism: be better. Slightly more carefully: One must: criticize x with respect to standard s only if one is better (...) than x with respect to standard s. In this paper, I defend precisely this norm of criticism – an underexplored norm that is nevertheless ubiquitous in our lives, once we begin looking for it. The be better norm is, I hope to show, continuously invoked in a wide range of ordinary settings, can undergird and explain the widely endorsed non-hypocrisy condition on the standing to blame, and apparent counterexamples to the norm are no such counterexamples at all. I further contend that, given some plausible principles, my previous “moral commitment” account of the moral standing to blame will be extensionally equivalent to the be better norm. (shrink)

In this paper, I introduce a problem to the philosophy of religion – the problem of divine moral standing – and explain how this problem is distinct from (albeit related to) the more familiar problem of evil (with which it is often conflated). In short, the problem is this: in virtue of how God would be (or, on some given conception, is) “involved in” our actions, how is it that God has the moral standing to blame us for performing those (...) very actions? In light of the recent literature on “moral standing”, I consider God’s moral standing to blame on two models of “divine providence”: open theism, and theological determinism. I contend that God may have standing on open theism, and – perhaps surprisingly – may also have standing, even on theological determinism, given the truth of compatibilism. Thus, if you think that God could not justly both determine and blame, then you will have to abandon compatibilism. The topic of this paper thus sheds considerable light on the traditional philosophical debate about the conditions of moral responsibility. (shrink)

One way of being responsible for an action is being praiseworthy for it. But what is the “praise” of which the praiseworthy agent is worthy? This paper provides a survey of answers to this question, i.e. a survey of possible accounts of praise’s nature. It then presents an overview of candidate norms governing our responses of praise. By attending to praise’s nature and appropriateness conditions, we stand to acquire a richer conception of what it is to be, and to regard (...) another as, a responsible agent. (shrink)

A neglected and non-trivial problem exists for a central cluster of Strawsonian accountability theories of moral responsibility, namely those that, following Gary Watson, understand the reactive attitudes to be implicit forms of moral address, particularly moral demand. The problem consists in the joint acceptance of two claims: (a) Accountability is a matter of agents holding one another to moral demands, and (b) accountability is a view of blame and praise. I label joint acceptance of these claims the Strawsonian’s demand dogma. (...) Symptomatic of a larger tendency among responsibility theorists to focus on blame to the neglect of its positive counterpart, the demand dogma saddles the Strawsonian with an impoverished and ultimately untenable view of praise. This is because moral demand occupies a dual role on the Strawsonian's view of blame, one that it is incapable of occupying for praise. For, demands figure not only in the contents of blame responses; demand typifies the form of these responses themselves. That is, reactive attitudes of blame, unlike those of praise, implicitly make demands of their targets. The force of this problem is highlighted by considering the inadequacy of various strategies for shoehorning “demand” into our conception of praise. If reactive attitudes generally are incipient forms of moral address, praise-manifesting attitudes must communicate something other than demand. Though primarily critical, this paper invites Strawsonian responsibility theorists to give renewed attention to the foundations of the proposal that the reactive attitudes are incipiently communicative, focusing this time on the form of address that lies at the heart of praise. (shrink)

This article defends the right that Palestinians have to return to the territory governed by Israel. However, it does not defend the duty on Israel to permit return. Whether there is such a duty depends on whether the economic, social and security costs override that right. In order to defend the right of return, it is shown both that the current generation of Palestinians retain a significant interest in return, and that insofar as their interests are diminished, their rights are (...) not diminished proportionally. The interests of Jewish Israelis in excluding the Palestinians are then considered. Their rights of self-determination, it is argued, do not powerfully favour excluding the Palestinians. The economic, social and security costs may do so. Overall, I conclude that either the Israel should grant return to the Palestinians or it should properly acknowledge the right of return and respond appropriately through a powerful effort to compensate and resettle them. (shrink)

How should the fact of state consent to international agreements affect their moral evaluation? Political criticism of the content of international agreements is often answered by invoking the voluntary nature of those agreements: if states did not wish to accept their terms then they were free to reject them; the fact of their having voluntarily accepted them limits the scope for subsequent criticism. This is the “Voluntarist Reply”. This paper examines the Voluntarist Reply to understand the specific moral work that (...) it claims to do, the sense of voluntariness that it requires, and the limits on the capacity of voluntary consent to answer substantive political and moral criticism . It maps those limits across four prominent and plausible accounts of international economic justice to understand the different ways that consent does or does not alter the moral situation. (shrink)

The topic of standing to blame has recently received a lot of attention. Until now, however, it has focused mainly on the blamer's perspective, investigating what it means to say of blamers that they lose standing to blame and why it is that they lose this standing under specified conditions. The present paper focuses on the perspective of the blamees and tries to explain why they are allowed to disregard standingless, more specifically hypocritical, blame. According to the solution proposed by (...) the paper, while hypocritical blamers present themselves as caring about justice or about the moral or material good of the blamees—and they themselves half‐believe this presentation—their real motivation in blaming is less respectable. It is this problematic motivation that explains why blamees are permitted to disregard hypocritical blame. Ill‐motivated blame is often unreliable, and readiness to even consider it often involves a compromise on the self‐respect of the blamees. (shrink)

:The paper seeks to defend Telic Egalitarianism by distinguishing two distinct categories into which typical objections to it fall. According to one category of objections TE isgroundless. That is, there is simply no good reason to think that inequality as such is bad. The other type of objections to TE focuses on itscounterintuitiveimplications: it is forced to condemn inequalities between ourselves and long-dead Inca peasants, or between us and worse-off aliens from other planets. The paper shows that once we unpack (...) these two types of objections to TE they become much less persuasive. (shrink)

Analytic Philosophy, Volume 63, Issue 2, Page 73-89, June 2022.

Hypocrisy is widely thought to be morally objectionable in a way that undermines the hypocrite’s moral standing to blame others. To wit, we seem to intuitively accept the “Nonhypocrisy Condition:” R has the standing to blame S for some violation of a moral norm N only if R’s blaming S is not hypocritical. This claim has been the subject of intensifying philosophical investigation in recent years. However, we can only understand why hypocrisy is morally objectionable and has an effect on (...) standing to blame if we can correctly characterize hypocrisy itself. Unfortunately, some recent discussions fail to do this, which fatally undermines subsequent arguments concerning the effect of hypocrisy on the standing to blame. This paper’s central aim is to develop and defend a better account of hypocrisy. The hope is that with such an account in hand, we can explain and perhaps justify our moral aversion to hypocrisy in general as well as the Nonhypocrisy Condition in particular. (shrink)

Hypocrisy is a ubiquitous feature of moral and political life, and accusations of hypocrisy a ubiquitous feature of moral and political discourse. Yet it has been curiously under-theorized in analytic philosophy. Fortunately, the last decade has seen a boomlet of articles that address hypocrisy in order to explain and justify conditions on the so-called “standing” to blame (Wallace 2010; Friedman 2013; Bell 2013; Todd 2017; Herstein 2017; Roadevin 2018; Fritz and Miller 2018). Nevertheless, much of this more recent literature does (...) not adequately address the question, “what is hypocrisy?” In this paper, I develop and defend an account of hypocrisy as vicious, value-expressing inconsistency. I show how this account solves some traditional and some novel philosophical puzzles concerning hypocrisy and affords a deeper understanding of the features of hypocrisy emphasized by other prominent accounts. (shrink)

This paper argues that hypocritical blame renders blame inappropriate. Someone should not express her blame if she is guilty of the same thing for which she is blaming others, in the absence of an admission of fault. In failing to blame herself for the same violations of norms she condemns in another, the hypocrite evinces important moral faults, which undermine her right to blame. The hypocrite refuses or culpably fails to admit her own mistakes, while at the same time demands (...) that others admit theirs. The paper argues that this lack of reciprocity—expecting others to take morality seriously by apologizing for their faults, without one doing the same in return—is what makes hypocritical blame unfair. (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)

This paper identifies why hypocrites lack the standing to blame others for certain wrongs. I first examine previous analyses of 'standing', and note these attempts all centre around the idea of entitlement. I then argue that thinking of standing to blame as a purely moral entitlement faces numerous problems. By examining how the concept of standing is used in other contexts, I argue that we should think of standing to blame in partly metaphysical terms. That is, we should think of (...) it as a status which grants agents the ability to do certain things. Using Darwall's (2006) account of second-personal obligations, I argue that we should think of blame as expressing demands. For these demands to impose obligations on others, however, we must first have the authority to make these demands. I argue that agents who lack standing to blame lack the authority to blame, and thus lack the ability to impose second-personal obligations on others by making these demands. They lack this authority because they fail to accept other people's second-personal authority to make similar demands on them. (shrink)

Recently, philosophers have turned their attention to the question, not when a given agent is blameworthy for what she does, but when a further agent has the moral standing to blame her for what she does. Philosophers have proposed at least four conditions on having “moral standing”: -/- 1. One’s blame would not be “hypocritical”. 2. One is not oneself “involved in” the target agent’s wrongdoing. 3. One must be warranted in believing that the target is indeed blameworthy for the (...) wrongdoing. 4. The target’s wrongdoing must some of “one’s business”. -/- These conditions are often proposed as both conditions on one and the same thing, and as marking fundamentally different ways of “losing standing.” Here I call these claims into question. First, I claim that conditions (3) and (4) are simply conditions on different things than are conditions (1) and (2). Second, I argue that condition (2) reduces to condition (1): when “involvement” removes someone’s standing to blame, it does so only by indicating something further about that agent, viz., that he or she lacks commitment to the values that condemn the wrongdoer’s action. The result: after we clarify the nature of the non-hypocrisy condition, we will have a unified account of moral standing to blame. Issues also discussed: whether standing can ever be regained, the relationship between standing and our "moral fragility", the difference between mere inconsistency and hypocrisy, and whether a condition of standing might be derived from deeper facts about the "equality of persons". (shrink)

ABSTRACT This paper argues that the retort ‘easy for you to say’ is a complaint about the target’s standing, but that it invokes a standing norm that is unjustified. Moreover, I argue that in many cases the person for whom it is ‘easy to say’ should speak.

Patrick Todd has recently fashioned a novel argument for incompatibilism, the Moral-Standing Zygote Argument. Todd considers much-discussed cases in which a manipulator causes an agent in a deterministic scenario to act morally wrongly from compatibilist-friendly conditions for freedom and moral responsibility. The manipulator, Todd contends, does not have the standing to blame the manipulated agent, and the best explanation for this is that incompatibilism is true. This is why the manipulated agent is not blameworthy. In this paper, I counter Todd (...) on behalf of the compatibilist, arguing that the best explanation for the manipulator's lack of moral standing to blame is due to the manipulator's intending to cause the manipulated agent to do wrong. (shrink)

Manipulation arguments aim to show that compatibilism is false. Usually, they aim to undermine compatibilism by first eliciting the intuition that a manipulated agent is not morally responsible. Patrick Todd's (2012) Moral Standing Manipulation Argument instead aims to first elicit the intuition that a manipulator cannot blame her victim. Todd then argues that the best explanation for why a manipulator cannot blame her victim is that incompatibilism is true. In this paper, I present three lines of defence against this argument (...) for those who agree a manipulator cannot blame her victim. (shrink)

Many of us read Peter Singer ’ s work on our obligations to those in desperate need with our students. Famously, Singer argues that we have a moral obligation to give a significant portion of our assets to famine relief. If my own experience is not atypical, it is quite common for students, upon grasping the implications of Singer ’ s argument, to ask whether Singer gives to famine relief. In response it might be tempting to remind students of the (...) ad hominem fallacy of attacking the person advancing an argument rather than the argument itself. In this paper I argue that the “ ad hominem reply ” to students ’ request for information about Singer is misguided. First I show that biographical facts about the person advancing an argument can constitute indirect evidence for the soundness / unsoundness of the argument. Second, I argue that such facts are relevant because they may reveal that one can discard the argument without thereby incurring moral responsibility for failing to act on its conclusion even if the argument is sound. (shrink)

Recently in Porter v. McCollum, the United States Supreme Court, citing “a long tradition of according leniency to veterans in recognition of their service,” held that a defense lawyer’s failure to present his client’s military service record as mitigating evidence during his sentencing for two murders amounted to ineffective assistance of counsel. The purpose of this Article is to assess, from the just deserts perspective, the grounds to believe that veterans who commit crimes are to be blamed less by the (...) State than offenders without such backgrounds. Two rationales for a differential treatment of military veterans who commit crimes are typically set forth. The Porter Court raised each, stating that we should treat veterans differently “in recognition of” both “their service” and “the intense stress and mental and emotional toll” of combat. The former factor suggests there being a “social contributions” or gratitude-based discount, whereas the latter factor points towards a “mental disturbance” discount. This Article analyzes the two accounts and raises some doubts about both. This Article then argues that a military veteran who commits a crime should not be blamed to the full extent of his blameworthiness, not necessarily because of his mental capacity nor because of his social contribution, but because the State’s hand in producing his criminality undermines its standing to blame him. (shrink)

Uwe Steinhoff’s The Ethics of War and the Force of Law contains an extended critique of ‘moral fundamentalism’, or the project of uncovering an individualist ‘deep morality’ of war governed by the same moral principles and rules that govern ordinary moral life, as well as a more positive account of war that depicts it as a social practice. Much of Steinhoff’s account is indebted to a series of claims involving the standing to blame, reciprocity, and the necessity and proportionality conditions (...) on self-defence. On all these claims, Steinhoff is open to challenge. First, he is arguably over-dependent on ‘standing to blame’ considerations. Second, his commitment to reciprocity is under-explained. Third, the necessity condition does not clearly explain how conventional elements explain the formation of defensive standards. Fourth, there are problems in explaining how the distinct defensive conventions adopted by distinct communities can actually be made to get on to the same page when these communities go to war with each other. (shrink)

Moral and legal philosophy are too entangled: moral philosophy is prone to model interpersonal moral relationships on a juridical image, and legal philosophy often proceeds as if the criminal law is an institutional reflection of juridically imagined interpersonal moral relationships. This article challenges this alignment and in so doing argues that the function of the criminal law lies not fundamentally in moral blame, but in regulation of harmful conduct. The upshot is that, in contrast to interpersonal relationships, the criminal law (...) cannot lose its standing to blame through institutional analogues of hypocrisy, complicity, and meddling. Rather, certain forms of structural and severe historical and contemporary injustice point to the question of the overall legitimacy of state authority. (shrink)

The majority of recent work on the moral standing to blame (the idea that A may be unable to legitimately blame B despite B being blameworthy) has focused on blamers who themselves are blameworthy. This is unfortunate, for there is much to learn about the standing to blame once we consider a broader range of cases. Doing so reveals that challenged standing is more expansive than previously acknowledged, and accounts that have privileged the fact that the blamers are themselves morally (...) culpable likely require revision. One such account figures in Patrick Todd’s (2012) argument for incompatibilism, which ostensibly depends on considerations involving the standing to blame. I believe this argument fails. But its failure is instructive, for it allows us to appreciate the numerous ways in which one’s blame can be morally problematic, and hence ways in which one’s standing to blame can be challenged. Thus, while one objective of this paper is to show why Todd’s argument fails, the larger aim is to use that argument to frame discussion of some important (and novel) ways in which the standing to blame can be compromised. (shrink)

Much has been written lately about cases in which blame of the blameworthy is nonetheless inappropriate because of facts about the blamer. Meddlesome and hypocritical cases are standard examples. Perhaps the matter is none of my business or I am guilty of the same sort of offense, so though the target is surely blameworthy, my blame would be objectionable. In this paper, I defend a novel explanation of what goes wrong with such blame, in a way that draws the cases (...) together. In brief, I argue that blaming is essentially an attentive activity, and that, consequently, meddlesome and hypocritical blamers are attending to the wrong things. (shrink)

Hypocrites invite moral opprobrium, and charges of hypocrisy are a significant and widespread feature of our moral lives. Yet it remains unclear what hypocrites have in common, or what is distinctively bad about them. We propose that hypocrites are persons who have undermined their claim to moral authority. Since this self-undermining can occur in a number of ways, our account construes hypocrisy as multiply realizable. As we explain, a person’s moral authority refers to a kind of standing that they occupy (...) within a particular moral community. This status is both socially important and normatively precarious. Hence, moral agents are right to be vigilant when it comes to hypocrisy, and are often justified in their outrage when they detect it. We further argue that our view can preserve what is attractive in rival accounts, while avoiding their associated problems. (shrink)

Recent calls for retraction of a large body of Chinese transplant research and of Dr Jiankui He’s gene editing research has led to renewed interest in the question of publication, retraction and use of unethical biomedical research. In Part 1 of this paper, we briefly review the now well-established consequentialist and deontological arguments for and against the use of unethical research. We argue that, while there are potentially compelling justifications for use under some circumstances, these justifications fail when unethical practices (...) are ongoing—as in the case of research involving transplantations in which organs have been procured unethically from executed prisoners. Use of such research displays a lack of respect and concern for the victims and undermines efforts to deter unethical practices. Such use also creates moral taint and renders those who use the research complicit in continuing harm. In Part 2, we distinguish three dimensions of ‘non-use’ of unethical research: non-use of published unethical research, non-publication, and retraction and argue that all three types of non-use should be upheld in the case of Chinese transplant research. Publishers have responsibilities to not publish contemporary unethical biomedical research, and where this has occurred, to retract publications. Failure to retract the papers implicitly condones the research, while uptake of the research through citations rewards researchers and ongoing circulation of the data in the literature facilitates subsequent use by researchers, policymakers and clinicians. (shrink)

Standing is a peculiar norm, allowing for deflecting that is rejecting offhand and without deliberation interventions such as directives. Directives are speech acts that aim to give directive-reasons, which are reason to do as the directive directs because of the directive. Standing norms, therefore, provide for deflecting directives regardless of validity or the normative weight of the rejected directive. The logic of the normativity of standing is, therefore, not the logic of invalidating directives or of competing with directive-reasons but of (...) ‘exclusionary permission’. That is, standing norms provide for permission to exclude from practical deliberation directive-reasons if given without the requisite standing, regardless of their normative weight. As such, standing is a type of second-order norm. Numerous everyday practices involve the deflection of directives, such as pervasive practices of deflecting hypocritical and officious directives. Of various possible models, the one that best captures the normative structure of these practices of deflection is the standing model. Accordingly, the normativity of standing is pervasive in our everyday practices. Establishing that standing, although a neglected philosophical idea, is a significant and independent normative concept. (shrink)

What is the clean hands defense (CHD) normatively about? Courts designate court integrity as the CHD's primary norm. Yet, while the CHD may at times further court integrity, it is not fully aligned with court integrity. In addition to occasionally instrumentally furthering certain goods (e.g., court legitimacy, judge integrity, deterrence), the CHD embodies two judicially undetected norms: retribution and tu quoque (“you too!”). Tu quoque captures the moral intuition that wrongdoers are in no position to blame, condemn, or make claims (...) on others who are guilty of similar or related wrongdoing. The CHD shares the structure of the tu quoque: both are doctrines of standing that deflate the illocutionary force (and not the truth-value) of normative speech acts directed against wrongdoers by those guilty of similar or connected wrongdoing. The CHD also exhibits retributive logic: it sanctions plaintiffs by reason of their wrongdoing and manifests the retributive principle that “punishment must fit the crime.” -/- Copyright © Cambridge University Press 2011. Also available at http://journals.cambridge.org/action/displayJournal?jid=LEG. (shrink)

In some vicarious cases of compensation, an agent seems obligated to compensate for a harm they did not inflict. This raises the problem that obligations for compensation may arise out of circumstantial luck. That is, an agent may owe compensation for a harm that was outside their control. Addressing this issue, I identify five conditions for compensation from the literature: causal engagement, proxy, ill-gotten gains, constitution, and affiliation. I argue that only two of them specify genuine and irreducible grounds for (...) compensation, and that factors determining the agent’s obligations may be beyond their control. However, I suggest that this is unproblematic. There is thus no problem of circumstantial moral luck for compensation. (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)

Philosophers have highlighted a dilemma for the criminal law. Unjust, racist policies in the United States have produced conditions in which the dispossessed are more likely to commit crime. This complicity undermines the standing of the state to blame their offenses. Nevertheless, the state has reason to punish those crimes in order to deter future offenses. Tommie Shelby proposes a way out of this dilemma. He separates the state’s right to condemn from its right to punish. I raise doubts about (...) Shelby’s proposed resolution. So long as punishment is widely and reasonably understood to condemn crime, Shelby’s proposal does not resolve the dilemma. Moreover, there is reason to think the blaming aspect of punishment plays a role in the justification of its hard treatment. I conclude by considering some other ways out of the dilemma, focusing especially on how the United States might take responsibility for its complicity. (shrink)

We often hold others responsible, and are held responsible ourselves. Many philosophers claim that to evaluate such holdings, we must consider the standing of the holder. Many also claim that both hypocrites and meddlers lack standing. Little has been said, however, about what exactly standing is—about what it is that hypocrites and meddlers are supposed to lack. Though talk of standing is now widespread, ‘we do not,’ in Joseph Raz’s words, ‘have an unproblematic grasp of the phenomena referred to’ by (...) such talk. In this paper I attempt to improve that grasp. I offer an account of what it is to have, and lack, standing to hold others responsible. And I offer some reasons why, if this account is accepted, both hypocrites and meddlers should lack standing. (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)

After an initial discussion (§i) of what a theory of criminal law might amount to, I sketch (§ii) the proper aims of a liberal, republican criminal law, and discuss (§§iii–iv) two central features of such a criminal law: that it deals with public wrongs, and provides for those who perpetrate such wrongs to be called to public account. §v explains why a liberal republic should maintain such a system of criminal law, and §vi tackles the issue of criminalization—of how we (...) should determine the proper scope of the criminal law. (shrink)

Discussions of responsibility typically focus on the person who is held responsible: what are the conditions or criteria of responsibility; what can be done to or demanded of a person who is responsible? This paper shifts focus onto those who hold, rather than those who are held, responsible: what do we owe to those whom we hold responsible? After distinguishing responsibility as answerability from responsibility as liability, it attends mainly to the former, and points out the ways in which it (...) is multiply relational: I am responsible for something to someone who has the standing to call me to account for it, under the norms of some particular practice. Responsibility as thus understood is also reciprocal: if you are to be answerable to me, I must treat you with a certain respect, attend seriously to your answer, and be ready to answer to you myself. The paper explores some of the implications of this point both for our moral dealings with each other, and for criminal law and the criminal trial. (shrink)

It is widely believed that we ought not to criticize others for wrongs that we ourselves have committed. The author draws out and challenges some of the background assumptions about the practice of criticism that underlie our attraction to this claim, such as the tendency to think of criticism either as a social sanction or as a didactic intervention. The author goes on to offer a taxonomy of cases in which the moral legitimacy of criticism is challenged on the grounds (...) that the critic him- or herself engages in the behavior that he or she criticizes in others. The author argues that, in each type of case, the would-be critics should not constrain their participation in moral discourse on the grounds that they are not themselves innocent of the wrongdoing they criticize in others. (shrink)

This essay defends the possibility of preemptive forgiving, that is, forgiving before the offending action has taken place. This essay argues that our moral practices and emotions admit such a possibility, and it attempts to offer examples to illustrate this phenomenon. There are two main reasons why someone might doubt the possibility of preemptive forgiving. First, one might think that preemptive forgiving would amount to granting permission. Second, one might think that forgiving requires emotional content that is not available prior (...) to wrongdoing. If, however, preemptively forgiving is genuinely possible—as this essay hopes to illustrate—then this fact has implications for our understanding of both relational normativity and the nature of forgiveness. (shrink)

In this paper, I explore the idea that someone can deserve resentment or other reactive emotions for what she does by attention to three psychological functions of such emotions – appraisal, communication, and sanction – that I argue ground claims of their desert. I argue that attention to these functions helps to elucidate the moral aims of reactive emotions and to distinguish the distinct claims of desert, as opposed to other moral considerations.

Blame is usually discussed in the context of the free will problem, but recently moral philosophers have begun to examine it on its own terms. If, as many suppose, free will is to be understood as the control relevant to moral responsibility, and moral responsibility is to be understood in terms of whether blame is appropriate, then an independent inquiry into the nature and ethics of blame will be essential to solving (and, perhaps, even fully understanding) the free will problem. (...) In this article we first survey and categorize recent accounts of the nature of blame – is it action, belief, emotion, desire, or something else? – and then we look at several proposed requirements on appropriate blame that look beyond the transgressor himself, considerations that will form part of a full account of the ethics of blame. (shrink)

In this paper I argue that it is inappropriate for us to blame others if it is not reasonable for us to believe that they are morally responsible for their actions. The argument for this claim relies on two controversial claims: first, that assertion is governed by the epistemic norm of reasonable belief, and second, that the epistemic norm of implicatures is relevantly similar to the norm of assertion. I defend these claims, and I conclude by briefly suggesting how this (...) putative norm of blame can serve as the basis for general norms of interpersonal generosity. (shrink)

We blame faulty brakes for a car crash, or rain for our bad mood. This “merely causal” blame is usually seen as uninteresting. I argue that it is crucial for understanding the interpersonal blame with which we target ourselves and each other. The two are often difficult to distinguish, in a way that plagues philosophical discussions of blame. And interpersonal blame is distinctive, I argue, partly in its causal focus: its attention to a person as cause. I argue that this (...) causal focus helps explain several central characteristics of interpersonal blame: its tendency to exaggerate a person’s causal role, its weakening through attention to personal history or thoughts about determinism, its characteristic ‘force’ or ‘sting’, and our sense that blame is often harmful or unfair. I conclude by drawing out one implication of blame's causal focus: in a certain range of cases, blame is partly under our voluntary control. (shrink)