Neurointerventions—interventions that physically or chemically modulate brain states—are sometimes imposed on criminal offenders for the purposes of diminishing the risk that they will recidivate, or, more generally, of facilitating their rehabilitation. One objection to the nonconsensual implementation of such interventions holds that this expresses a disrespectful message, and is thus impermissible. In this paper, we respond to this objection, focusing on the most developed version of it—that presented by Elizabeth Shaw. We consider a variety of messages that might be expressed (...) by nonconsensual neurointerventions. Depending on the message, we argue either that such interventions do not invariably express this message, that expressing this message is not invariably disrespectful, or that the appeal to disrespect is redundant. (shrink)

Ethical consumerism is the thesis that we should let our values determine our consumer purchases. We should purchase items that accord with our values and refrain from buying those that do not. The end goal, for ethical consumerism, is to transform the market through consumer demand. The arm of this movement associated with food choice embraces the slogan “Vote with Your Fork!” As in the more general movement, the idea is that we should let our values dictate our choices. In (...) this paper, I offer a critique of the Vote with Your Fork campaign that focuses on the agency of individuals. For VWYF to be effective, minimally, individuals must act intentionally when making food choices. In the ideal case, individuals adopt and endorse the values implicit in VWYF and exhibit autonomous agency when they purchase and consume food. The problem, though, is that a number of things can go wrong along the way. I argue that very few of us are in the position to exhibit autonomous agency with respect to our food choices. Because of this, VWYF could very well undermine its own goals. (shrink)

The advent of intelligent artificial systems has sparked a dispute about the question of who is responsible when such a system causes a harmful outcome. This paper champions the idea that this dispute should be approached as a conceptual engineering problem. Towards this claim, the paper first argues that the dispute about the responsibility gap problem is in part a conceptual dispute about the content of responsibility and related concepts. The paper then argues that the way forward is to evaluate (...) the conceptual choices we have, in the light of a systematic understanding of why the concept is important in the first place—in short, the way forward is to engage in conceptual engineering. The paper then illustrates what approaching the responsibility gap problem as a conceptual engineering problem looks like. It outlines argumentative pathways out of the responsibility gap problem and relates these to existing contributions to the dispute. (shrink)

New technologies are the source of uncertainties about the applicability of moral and morally connotated concepts. These uncertainties sometimes call for conceptual engineering, but it is not often recognized when this is the case. We take this to be a missed opportunity, as a recognition that different researchers are working on the same kind of project can help solve methodological questions that one is likely to encounter. In this paper, we present three case studies where philosophers of technology implicitly engage (...) in conceptual engineering. We subsequently reflect on the case studies to find out how these illustrate conceptual engineering as an appropriate method to deal with pressing concerns in the philosophy of technology. We have two main goals. We first want to contribute to the literature on conceptual engineering by presenting concrete examples of conceptual engineering in the philosophy of technology. This is especially relevant, because the technologies that are designed based on the conceptual work done by philosophers of technology potentially have crucial moral and social implications. Secondly, we want to make explicit what choices are made when doing this conceptual work. Making explicit that some of the implicit assumptions are, in fact, debated in the literature allows for reflection on these questions. Ultimately, our hope is that conscious reflection leads to an improvement of the conceptual work done. (shrink)

In this article, we focus on the attribution of moral responsibility for the actions of autonomous weapons systems. To do so, we suggest that the responsibility gap can be closed if human agents can take meaningful moral responsibility for the actions of AWS. This is a moral responsibility attributed to individuals in a justified and fair way and which is accepted by individuals as an assessment of their own moral character. We argue that, given the unpredictability of AWS, meaningful moral (...) responsibly can only be discharged by human agents who are willing to take a moral gambit: they decide to design/develop/deploy AWS despite the uncertainty about the effects an AWS may produce, hoping that unintended and unwanted or unforeseen outcomes may never occurs, but also accepting to be held responsible if such outcomes will occur. We argue that, while a moral gambit is permissible for the use of non-lethal AWS, this is not the case for the actions of lethal autonomous weapon systems. (shrink)

Philosophers and cognitive scientists alike have recently been interested in whether cognition extends beyond the boundaries of skin and skull and into the environment. However, the extended cognition hypothesis has suffered many objections over the past few decades. In this paper, I explore the option of control extending beyond the human boundary. My aim is to convince the reader of three things: (i) that control can be implemented in artifacts, (ii) that humans and artifacts can form extended control systems, and (...) (iii) that perhaps extended control ought to be preferred over extended cognition. Using the objections to extended cognition as constraints on my own extended theorizing and the example of autofocus systems in cameras, I decompose and localize the components of an autofocus system that realize the central properties of control from a plausible theory of control in the literature. I then provide criteria according to which control can be extended in a system. Finally, I consider how this theory of extended control ought to be preferred to theories of extended cognition. (shrink)

Some accounts of moral responsibility hold that an agent's responsibility is completely determined by some aspect of the agent's mental life at the time of action. For example, some hold that an agent is responsible if and only if there is an appropriate mesh among the agent's particular psychological elements. It is often objected that the particular features of the agent's mental life to which these theorists appeal (such as a particular structure or mesh) are not necessary for responsibility. This (...) is because there appear to be cases in which an agent acts at an earlier time which causes her to lack the appropriate psychological features at some later time and yet, intuitively, she is responsible at that later .. (shrink)

ABSTRACTIn ‘Freedom of the Will and the Concept of a Person,’ Harry Frankfurt argues that a successful analysis of the concept ‘human’ must reveal something that distinguishes humans from non-human...

In the world of Austrian neonatal intensive care units, the role of ethics is recognized only partially. The normatively tense cases that are at the backdrop of this essay concern the situations around the limit of viability, which is the point in the development of an extremely preterm infant at which there are chances of extra-uterine survival. This essay first outlines the key explicit ethical challenges that are mainly concerned with notions of uncertainty and best interest. Then, it attempts to (...) elucidate the less explicit ethical challenges related to the notion of nudging in the neonatal practice and argue that the role of ethics needs to be recognized more—with the focus on the role of virtue ethics—in order to improve the practice of neonatal medicine. (shrink)

There is a growing trend in policy making of holding people responsible for their lifestyle-based diseases. This has sparked a heated debate on whether people are responsible for these illnesses, which has now come to an impasse. In this paper, I present a psychological model that explains why different views on people’s responsibility for their health exist and how we can reach a resolution of the disagreement. My conclusion is that policymakers should not perceive people as responsible while health care (...) personnel should take the opposing view. (shrink)

I argue that wrongdoers may be open to moral blame even if they lacked the capacity to respond to the moral considerations that counted against their behavior. My initial argument turns on the suggestion that even an agent who cannot respond to specific moral considerations may still guide her behavior by her judgments about reasons. I argue that this explanation of a wrongdoer’s behavior can qualify her for blame even if her capacity for moral understanding is impaired. A second argument (...) is based on the observation that even when a blameworthy wrongdoer could have responded to moral considerations, this is often not relevant to her blameworthiness. Finally, I argue against the view that because blame communicates moral demands, only agents who can be reached by such communication are properly blamed. I contend that a person victimized by a wrongdoer with an impaired capacity for moral understanding may protest her victimization in a way that counts as a form of moral blame even though it does not primarily express a moral demand or attempt to initiate moral dialogue. (shrink)

For a long time the dominant view on the nature of blame was that to blame someone is to have an emotion toward her, such as anger, resentment or indignation in the case of blaming someone else and guilt in the case of self-blame. Even though this view is still widely held, it has recently come under heavy attack. The aim of this paper is to elaborate the idea that to blame is to have an emotion and to defend the (...) resulting emotion account of blame. (shrink)

The paper presents a framework to realise “meaningful human control” over Automated Driving Systems. The framework is based on an original synthesis of the results of the multidisciplinary research project “Meaningful Human Control over Automated Driving Systems” lead by a team of engineers, philosophers, and psychologists at Delft University of the Technology from 2017 to 2021. Meaningful human control aims at protecting safety and reducing responsibility gaps. The framework is based on the core assumption that human persons and institutions, not (...) hardware and software and their algorithms, should remain ultimately—though not necessarily directly—in control of, and thus morally responsible for, the potentially dangerous operation of driving in mixed traffic. We propose an Automated Driving System to be under meaningful human control if it behaves according to the relevant reasons of the relevant human actors, and that any potentially dangerous event can be related to a human actor. We operationalise the requirements for meaningful human control through multidisciplinary work in philosophy, behavioural psychology and traffic engineering. The tracking condition is operationalised via a proximal scale of reasons and the tracing condition via an evaluation cascade table. We review the implications and requirements for the behaviour and skills of human actors, in particular related to supervisory control and driver education. We show how the evaluation cascade table can be applied in concrete engineering use cases in combination with the definition of core components to expose deficiencies in traceability, thereby avoiding so-called responsibility gaps. Future research directions are proposed to expand the philosophical framework and use cases, supervisory control and driver education, real-world pilots and institutional embedding. (shrink)

In this paper, we start by comparing the two agents, Ann and Bob, who are involved in two car crashes. Whereas Ann crashes her car through no fault of her own, Bob crashes as a result of reckless driving. Unlike Ann, Bob is held criminally responsible, and the insurance company refuses to cover the car’s damages. Nonetheless, Ann and Bob both receive emergency hospital treatment that a third party covers, regardless of any assessment of personal responsibility. What warrants such apparent (...) exceptionalism with respect to personal responsibility in the healthcare context? We turn our attention to an understudied aspect of the debate on personal health responsibility, namely, the conceptualisation of the person in need of emergency hospital treatment. Drawing on the research of Joshua Knobe and Shaun Nichols, we propose that a context-dependent conceptualisation of the person may help explain a reluctance to ascribe responsibility to the individual for negative health outcomes. (shrink)

Constitutivism is the view that it is possible to derive contentful, normatively binding demands of practical reason and morality from the constitutive features of agency. Whereas much of the debate has focused on the constitutivist's ability to derive content, David Enoch has challenged her ability to generate normativity. Even if one can derive content from the constitutive aims of agency, one could simply demur: ?Bah! Agency, shmagency?. The ?Why be moral?? question would be replaced by the ?Why be an agent?? (...) question. It is the aim of this paper to show that the shmagency objection is essentially correct, though not as originally defended by Enoch. Since Enoch posed his argument as ruling out the normative authority of agency under any conception of the constitutive features of agency, constitutivists have responded by arguing for the inescapability of certain minimal features of agency. I argue that this amounts to equivocation: the constitutivist appeals to a minimal conception of agency in answering the normative question but to a richer understanding in answering the content question. The key to the shmagency objection, as I shall defend it, is to insist that the same sense of agency must be employed in answering both questions. A shmagent can concede that there may be inescapable ways of understanding agency, but insist that any such understanding would have to be too minimal to generate substantive content. (shrink)

Bernard Williams in his “Internal and External Reasons” argues for internalism about reasons. He holds that according to internalism of reasons, agent A has reason to Φ if and only if he has a desire ψ which will be satisfied by Φ-ing and he also believes that it is so. Williams maintains that if one does not have a preceding desire and cannot form any desires through deliberation then it will be rational to claim that he does not have reason (...) to Φ. Clearly desires play a crucial role here because if an agent does not have such desires, then he does not have reasons for action. Williams goes beyond this claim and says only internal reasons are reasons for action. In this article, we argue against his claim. After explaining descriptive and normative senses of rationality and alternative views regarding the rationality of beliefs and desires, in virtue of the idea of blameworthiness, responsibility, and having practical reason, we show that there are a set of actions for which moral agents are blameworthy and they, therefore, have reasons at least for certain actions which are not dependent upon their desires. This idea would be supported by the facts that most people consider a person who violates hedonic, prudential, and moral norms as much as possible to be irrational, that they consider the act of counting him as rational to be counterintuitive, and finally that societies have founded institutions for restraining such a person.Our argument from blameworthiness can be formulated as follows: If a moral agent performs an action X for which he can justly be blamed, then he will be responsible and he ought not to perform X. If a moral agent is responsible and he ought not to perform X, then there is a reason for him not to perform X. There are a set of actions, S, that moral agents can be justly blamed for performing. So moral agents are responsible for performing an action in S. So there are reasons for moral agents not to perform an action in S.By falsifying the negation of premise, we show that is true. To falsify that it is not the case that there are actions for which moral agents can be justly blamed, we presented an example of an extremely immoral, imprudent, and pain-seeking agent who forms abnormal desires and acts against moral, prudent, and hedonic norms as much as possible. Since there are not any desires for such norms in his psychology, and his actions are based on these desires, he is not regarded as rational by most people and social institutions such as psychiatric clinics and courts. In addition, it would be irrational to hold that he is rational in his having immoral, imprudent, and pain-seeking desires and acting accordingly because it is a rational, prevalent, conventional practice to believe so and any theory which denies its rationality should provide convincing reasons. (shrink)

Moral responsibility theorists divide over whether facts about holding someone morally responsible are dependent on facts about being morally responsible, or whether the dependence relation runs in the other direction. A novel answer, proposed by Michael McKenna, is that neither side depends on the other. Instead, they are interdependent. Call this the ‘interdependence thesis’. A worry is that the interdependence thesis violates formal principles of metaphysical dependence in terms of ground. This paper analyses and defends the interdependence thesis, interacting with (...) recent work in the metaphysics of grounding. I vindicate the interdependence thesis from the charge that it violates the formal principles of metaphysical grounding. I then pull from recent work in communication theory and apply it to McKenna's ‘conversational theory of moral responsibility’, in order to respond to two new objections. One upshot is that I advance the conversational theory of moral responsibility. (shrink)

Free will sceptics claim that we lack free will, i.e. the command or control of our conduct that is required for moral responsibility. There are different conceptions of free will: it is sometimes understood as having the ability to choose between real options or alternatives; and sometimes as being the original or true source of our own conduct. Whether conceived in the first or in the second way, free will is subject to strong sceptical arguments. However, free will sceptics face (...) a difficulty: doubting the existence of free will might itself be problematic, whether free will exists or not. Three main considerations are offered in support of this claim. Firstly, it is said that free will sceptics confuse contexts: even if they are right to doubt the existence of free will in the philosophy classroom, they are wrong to do so in other contexts, such as day-to-day interactions or a court of law. Secondly, it is said that free will scepticism is incompatible with inescapable and indispensable human practices such as practical deliberation or moral criticism and evaluation. For, to deliberate about what to do, we must presume that we have true options or alternatives. And to judge that some human practices are wrong, we need to assume the existence of moral responsibility. Thirdly, free will scepticism is sometimes said to be self-defeating, on the grounds that it cannot be rational to believe free will scepticism, because free will is required for rationality. This thesis critically assesses these arguments. None takes free will scepticism down, but all are instructive about how not to be a sceptic. They trace the ‘contours’ of free will scepticism by discrediting some conceptions of free will and some arguments for free will scepticism. (shrink)

Harry Frankfurt Journal of Philosophy, 66, 829–39 famously attacked what he called the principle of alternate possibilities. PAP states that being able to do otherwise is necessary for moral responsibility. He gave counterexamples to PAP known since then as “Frankfurt cases.” This paper sidesteps the enormous literature on Frankfurt cases while preserving some of our salient pretheoretical intuitions about the relation between alternate possibilities and moral responsibility. In particular, I introduce, explain, and defend a principle that has so far been (...) overlooked, namely, “the principle of doxastic moral asymmetry” : a rational agent, S, is morally responsible for an action that S performed, E, only if, when S did E, S justifiably believed either that E was closer to S’s most praiseworthy alternate possibility than it was to S’s most blameworthy alternate possibility, or that E was closer to S’s most blameworthy alternate possibility than it was to S’s most praiseworthy alternate possibility. (shrink)

Strong notions of free will are closely connected to the possibility to do otherwise as well as to an agent’s ability to causally influence her environment via her decisions controlling her actions. In this paper we employ techniques from the causal modeling literature to investigate whether a notion of free will subscribing to one or both of these requirements is compatible with naturalistic views of the world such as non-reductive physicalism to the background of determinism and indeterminism. We argue that (...) from a causal modeler’s perspective the only possibility to get both requirements consists in subscribing to reductive physicalism and indeterminism. (shrink)

The article presents the nature of shared intentions and collective responsibility in simultaneous discussion of individualism, which views that collective agents and shared intentions are to be analyzed in relation between individual agents who are members of the collectives. It discusses as well the agent meaning theory that states that an agent moves against the interpretive background of action evaluation shared by the agent and the moral community.

Much has been made about the ways that implicit biases and other apparently unreflective attitudes can affect our actions and judgments in ways that negatively affect our ability to do right. What has been discussed less is that these attitudes negatively affect our freedom. In this paper, I argue that implicit biases pose a problem for free will. My analysis focuses on the compatibilist notion of free will according to which acting freely consists in acting in accordance with our reflectively (...) endorsed beliefs and desires. Though bias presents a problem for free action, I argue that there are steps agents can take to regain their freedom. One such strategy is for agents to cultivate better self-knowledge of the ways that their freedom depends on the relationship between their conscious and unconscious attitudes, and the way these work together to inform action and judgment. This knowledge can act as an important catalyst for agents to seek out and implement short- and long-term strategies for reducing the influence of bias, and I offer four proposals along these lines. The upshot is that though bias is a powerful influence on our actions, we need not resign ourselves to its negative effects for freedom. (shrink)

Peter van Inwagen contends that nonresponsibility transfers across deterministic relations. Suppose it does. If the facts of the past and the laws of nature entail every truth about what one does, and no one is even in part morally responsible for the past and the laws, then no one is even in part morally responsible for what one does. This argument, the Direct Argument, has drawn various critics, who have attempted to produce counterexamples to its core inference principle. This article (...) considers two notable efforts, one by John Martin Fischer and Mark Ravizza and another by David Widerker. It shows that neither is sufficient to reject the Direct Argument. The article then proceeds to challenge the argument in a novel fashion. Van Inwagen has not given us good reason to think that the principle in question has an adequate anchor in our inferential practices, especially in light of the dialectical context with the compatibilist. Hence, it is not the compatibilists' burden to produce counterexamples to it. Rather, it is van Inwagen's burden to produce relevant confirming instances of it. (shrink)

The debate over whether Frankfurt-style cases are counterexamples to the principle of alternative possibilities has taken an interesting turn in recent years. Frankfurt originally envisaged his attack as an attempting to show that PAP is false—that the ability to do otherwise is not necessary for moral responsibility. To many this attack has failed. But Frankfurtians have not conceded defeat. Neo-Frankfurtians, as I will call them, argue that the upshot of Frankfurt-style cases is not that PAP is false, but that it (...) is explanatorily irrelevant. Derk Pereboom and David Hunt’s buffer cases are tailor made to establish this conclusion. In this paper I come to the aid of PAP, showing that buffer cases provide no reason for doubting either its truth or relevance with respect to explaining an agent’s moral responsibility. (shrink)

David Shoemaker has claimed that a binary approach to moral responsibility leaves out something important, namely instances of marginal agency, cases where agents seem to be eligible for some responsibility responses but not others. In this paper we endorse and extend Shoemaker’s approach by presenting and discussing one more case of marginal agency not yet covered by Shoemaker or in the other literature on moral responsibility. Our case is that of Kenneth Parks, a Canadian man who drove a long way (...) to his mother-in-law’s and killed her in a state of somnambulism. We support our claim about Parks’ marginal responsibility in three steps: we first deny that Parks acts involuntarily as traditionally claimed in the legal literature; we then propose to extend Shoemaker’s analysis of marginal responsibility based on quality of will so as to include two other dimensions: the moral status of the agent and the actual causal effects of their actions; finally, we distinguish Parks’ marginal responsibility from four other existing concepts: “tracing”, diminished responsibility, causal responsibility, and moral disapproval without responsibility. (shrink)

The dominant methodological assumptions in climate ethical debates are rational-individualistic. The aim of this paper is to examine whether the rational-individualistic methodological framework is compatible with a theory of moral responsibility for climate change. I employ three fitness criteria of moral agency: a normatively significant choice, sufficient knowledge and control. I demonstrate that the rational-individualistic methodology does not provide a framework in which rational agents meet the three criteria. I conclude that rational-individualistic agents are not fit to be held morally (...) responsible for climate change. The paper demonstrates that the dominant climate-ethical view rests on a methodology that does not allow for a conceptualisation of a moral agent of climate change. (shrink)

In this encyclopedia entry I sketch the way contemporary theorists understand moral responsibility -- its varieties, its requirements, and its puzzles.

It is often assumed that we are only blameworthy for that over which we have control. In recent years, however, several philosophers have argued that we can be blameworthy for occurrences that appear to be outside our control, such as attitudes, beliefs and omissions. This has prompted the question of why control should be a condition on blameworthiness. This paper aims at defending the control condition by developing a new conception of blameworthiness: To be blameworthy, I argue, is most fundamentally (...) to deserve to feel guilty. Being blamed by someone else is not necessarily harmful to the wrongdoer. The blame might not be expressed, or the wrongdoer might not care. But to blame oneself necessarily involves suffering. This conception of blameworthiness explains why the control condition should obtain: We are morally blameworthy for A only if A was under our control because to be blameworthy is to deserve to feel guilty, to feel guilty is to suffer, and one deserves to suffer for A only if A was under one’s control. (shrink)

Strong notions of free will are closely connected to the possibility to do otherwise as well as to an agent’s ability to causally influence her environment via her decisions controlling her actions. In this paper we employ techniques from the causal modeling literature to investigate whether a notion of free will subscribing to one or both of these requirements is compatible with naturalistic views of the world such as non-reductive physicalism to the background of determinism and indeterminism. We argue that (...) from a causal modeler’s perspective the only possibility to get both requirements consists in subscribing to reductive physicalism and indeterminism. (shrink)

Some philosophers contend that concomitant ignorance preserves moral responsibility for wrongdoing. An agent is concomitantly ignorant with respect to wrongdoing if and only if her ignorance is non-culpable, but she would freely have performed the same action if she were not ignorant. I, however, argue that concomitant ignorance excuses. I show that leading accounts of moral responsibility imply that concomitant ignorance excuses, and I debunk the view that concomitant ignorance preserves moral responsibility.

Traditionally, incompatibilists about moral responsibility and determinism claim that we cannot be morally responsible unless we could have done otherwise and that we cannot do otherwise if we are determined. The Direct Argument for incompatibilism supposedly offers its defenders a dialectical advantage over this traditional approach insofar as it does not appear to rely on either of these controversial claims. Recently, though, David Widerker has argued against this supposition and urged that it is time to say farewell to the Direct (...) Argument. I examine two of Widerker’s criticisms and argue that, while they are not compelling, a revised version of one does show that supporters of the Direct Argument will very likely need to deny that an agent could do otherwise if determinism is true. I conclude that, nevertheless, the Direct Argument may still have considerable dialectical appeal and that neither of Widerker’s criticisms should lead us to say goodbye to it just yet. (shrink)

Derk Pereboom disagrees with P.F. Strawson that abandoning the reactive attitudes associated with praise and blame would come at the price of exiting our personal relationships. According to Pereboom, we can contain or modify our attitudes in ways that preserve, and perhaps even enrich interpersonal relationships. In a recent article, Seth Shabo defends “the inseparability thesis” in order to undermine Pereboom’s containment policy. Drawing on David Goldman’s work on non-antagonistic responses to wrongdoing, we defend Pereboom from Shabo’s critique.

Research suggests that intuitions about thought experiments are vulnerable to a wide array of seemingly irrelevant factors. I argue that when arguments hinge on the use of intuitions about thought experiments, research on the subtle factors that affect intuitions must be taken seriously. To demonstrate how failing to consider such psychological influences can undermine an argument, I discuss Pereboom’s four-case manipulation argument. I argue that by failing to consider the impact of subtle psychological influences such as order effects, Pereboom likely (...) mis-identifies what really leads us to have the intuitions that we have about his cases, and this in turn undermines his argument for incompatibilism. Last, I consider objections and discuss how to empirically test my hypothesis. (shrink)

Determinism is a claim about the laws of nature: very roughly, it is the claim that everything that happens is determined by antecedent conditions together with the natural laws. Incompatibilism is a philosophical thesis about the relevance of determinism to free will: that the truth of determinism rules out the existence of free will. The incompatibilist believes that if determinism turned out to be true, it would also be true that we don't have, and have never had, free will. The (...) compatibilist denies that determinism has the consequences the incompatibilist thinks it has. According to the compatibilist, the truth of determinism does not preclude the existence of free will. (Even if we learned tomorrow that determinism is true, it might still be true that we have free will.) The philosophical problem of free will and determinism is the problem of understanding, how, if at all, the truth of determinism might be compatible with the truth of our belief that we have free will. That is, it's the problem of deciding who is right: the compatibilist or the incompatibilist. (shrink)

An encyclopedia article on the epistemic or knowledge condition for moral responsibility, written for the SEP.

The law of contracts, at least in its orthodox expression, concerns voluntary, or chosen, legal obligations. When Brody accepts Susan’s offer to sell him a canoe for a set price, the parties’ choices alter their legal rights and duties. Their success at changing the legal landscape depends on a background system of rules that specify when and how contractual acts have legal effects, rules that give the offer and acceptance of a bargain-exchange a central role in generating obligations. Contract law (...) conceived as a body of rules empowering individuals to shape their own rights and responsibilities presents an object of philosophical study. The philosophy of contract includes two broad sets of projects. One set, the focus of the first part of this entry, targets the basic structure and normative justification of the law of contracts. The aim is to subsume a salient body of contract law rules under general principles in order to clarify contract law’s conceptual categories, distinguish it from other areas of law, and specify criteria relevant to its normative appraisal. This kind of philosophical work presupposes detailed knowledge of the law in existing legal regimes, and the entry begins by outlining the common law of contracts. A second set of projects draws on resources from the philosophy of language, philosophy of action, and moral and political philosophy to address debates within contract law. Questions about the nature of meaning and interpretation, intentionality, freedom in contract, and distributive justice drive contemporary legal debates concerning contract formation, interpretation, and enforcement. Philosophical work on these topics has attracted significant commentary which serves as the focus of the second part of this entry. (shrink)

When a person performs or fails to perform a morally significant action, we sometimes think that a particular kind of response is warranted. Praise and blame are perhaps the most obvious forms this reaction might take. For example, one who encounters a car accident may be regarded as worthy of praise for having saved a child from inside the burning car, or alternatively, one may be regarded as worthy of blame for not having used one's mobile phone to call for (...) help. To regard such agents as worthy of one of these reactions is to ascribe moral responsibility to them on the basis of what they have done or left undone. (These are examples of other-directed ascriptions of responsibility. The reaction might also be self-directed, e.g., one can recognize oneself to be blameworthy). Thus, to be morally responsible for something, say an action, is to be worthy of a particular kind of reaction —praise, blame, or something akin to these—for having performed it.[1.. (shrink)

Skepticism about moral responsibility, or what is more commonly referred to as moral responsibility skepticism, refers to a family of views that all take seriously the possibility that human beings are never morally responsible for their actions in a particular but pervasive sense. This sense is typically set apart by the notion of basic desert and is defined in terms of the control in action needed for an agent to be truly deserving of blame and praise. Some moral responsibility skeptics (...) wholly reject this notion of moral responsibility because they believe it to be incoherent or impossible. Others maintain that, though possible, our best philosophical and scientific theories about the world provide strong and compelling reasons for adopting skepticism about moral responsibility. What all varieties of moral responsibility skepticism share, however, is the belief that the justification needed to ground basic desert moral responsibility and the practices associated with it—such as backward-looking praise and blame, punishment and reward (including retributive punishment), and the reactive attitudes of resentment and indignation—is not met. Versions of moral responsibility skepticism have historically been defended by Spinoza, Voltaire, Diderot, d’Holbach, Priestley, Schopenhauer, Nietzsche, Clarence Darrow, B.F. Skinner, and Paul Edwards, and more recently by Galen Strawson, Derk Pereboom, Bruce Waller, Neil Levy, Tamler Sommers, and Gregg D. Caruso. -/- Critics of these views tend to focus both on the arguments for skepticism about moral responsibility and on the implications of such views. They worry that adopting such a view would have dire consequences for our interpersonal relationships, society, morality, meaning, and the law. They fear, for instance, that relinquishing belief in moral responsibility would undermine morality, leave us unable to adequately deal with criminal behavior, increase anti-social conduct, and destroy meaning in life. Optimistic skeptics, however, respond by arguing that life without free will and basic desert moral responsibility would not be as destructive as many people believe. These optimistic skeptics argue that prospects of finding meaning in life or of sustaining good interpersonal relationships, for instance, would not be threatened. They further maintain that morality and moral judgments would remain intact. And although retributivism and severe punishment, such as the death penalty, would be ruled out, they argue that the imposition of sanctions could serve purposes other than the punishment of the guilty—e.g., it can also be justified by its role in incapacitating, rehabilitating, and deterring offenders. (shrink)

To be autonomous is to be a law to oneself; autonomous agents are self-governing agents. Most of us want to be autonomous because we want to be accountable for what we do, and because it seems that if we are not the ones calling the shots, then we cannot be accountable. More importantly, perhaps, the value of autonomy is tied to the value of self-integration. We don't want to be alien to, or at war with, ourselves; and it seems that (...) when our intentions are not under our own control, we suffer from self-alienation. What conditions must be satisfied in order to ensure that we govern ourselves when we act? Philosophers have offered a wide range of competing answers to this question. (shrink)

Does a white philosopher have anything of value to offer to the philosophy of race and racism? If this philosophical subfield must embrace subjective experience, why should we value the perspective of white philosophers whose racial identity is often occluded by racial normativity and who lack substantive experiences of being on the receiving end of racism? Further, if we should be committed to experience, in what sense can the philosophy of race and racism be “objective”? What should that word mean?Tackling (...) this question first, “objective” should at least mean general, that the ideas of the literature can be coherently integrated. An objective take on racism brings together a plurality of perspectives. What’s wrong with just a plurality of satellite ideas? It implies a fragmented approach to ameliorating racism, where different specialists have different recommendations. How can racism, generally, be lessened? If major views of racism are unifiable, then we have a general method to ameliorate racism. This project might appear tone-deaf: a white philosopher unifying things by reducing ideas to some central notion. But this unity isn’t about reducing things but rather integrating them in a way that respects difference. Yet, there’s a reason we should be interested in the white perspective. Whites can speak about racism from a participatory perspective. If whites are knowledgeable, and believe themselves to have no implicit bias, they may suppose they’re “beyond” racism or no longer at risk for perpetuating it. I explore this idea in a psychologically realistic way via my notion of overlooking, where ameliorating racism from the white perspective is an ongoing project. I end by considering how racism is applicable to other philosophical ideas beyond its typical or circumscribed purview. Here, I re-frame responsibility, arguing that we needn’t be forced to choose between responsibility models divided into individual versus social camps. We ought to instead think of responsibility in terms of power, which provides a realistic lens by which persons and groups are held to account. In being more generally convincing, it might actually get folks to take responsibility where they might not otherwise—theory in service of praxis. (shrink)

Emotions have long been of interest to philosophers and have deep historical roots going back to the Ancients. They have also become one of the most exciting areas of current research in philosophy, the cognitive sciences, and beyond. -/- This book explains the philosophy of the emotions, structuring the investigation around seven fundamental questions: What are emotions? Are emotions natural kinds? Do animals have emotions? Are emotions epistemically valuable? Are emotions the foundation for value and morality? Are emotions the basis (...) for responsibility? Do emotions make us better people? -/- In the course of exploring these questions, the book also discusses cutting-edge empirical research on emotion, feminist approaches to emotions and their value, and methodological questions on how to theorize about the emotions. The book also contains in-depth discussions of specific emotions like compassion, disgust, anxiety, and curiosity. It also highlights emerging trends in emotion research. (shrink)

Derk Pereboom argues that since we are not ultimately morally responsible for our thoughts and actions, it is irrational and unfair to feel and express moral anger towards agents for their wrongdoings. Furthermore, he argues, moral anger is not practically beneficial, typically causing more harm than good. Thus, he proposes that we replace moral anger with moral sadness, or disappointment in response to agents’ wrongdoings. I offer a functional account of moral anger to argue that moral anger has important intrapersonal (...) and interpersonal functions that cannot be served by moral sadness. I show that when we feel and express moral anger in the right contexts, it a) promotes long-term wellbeing, b) benefits relationships, and c) is the best way to change agents’ future behavior. I conclude by discussing implications of my functional account for Pereboom’s claim that moral anger is rational and fair only if we are ultimately morally responsible. (shrink)

Contrary to John Bramhall and critics like him, Thomas Hobbes takes the view that no account of liberty or freedom can serve as the relevant basis on which to distinguish moral from nonmoral agents or explains the basis on which an agent becomes subject to law and liable to punishment. The correct compatibilist strategy rests, on Hobbes’s account, with a proper appreciation and description of the contractualist features that shape and structure the moral community. From this perspective human agents may (...) indeed use their liberty to make themselves moral agents. In doing this, however, they are not employing a distinct kind of liberty but rather using a liberty that they share with animals and other nonmoral agents to perform a distinct kind of act (i.e., consent) whereby they become moral agents subject to law and any punishments that are required to enforce it. ____ -/- Originally published in the Oxford Handbook of Philosophy in Early Modern Europe - eds. D. Clarke & C. Wilson, OUP 2011 -/- Republished in Recasting Hume and Early Modern Philosophy: Selected Essays - OUP 2021: Paul Russell]. (shrink)

In this paper, I set out some desiderata for a model of implicit cognition. I present test cases and suggest that, when considered in light of them, some recent models of implicit cognition fail to satisfy these desiderata. The test cases also bring to light an important class of cases that have been almost completely ignored in philosophical discussions of implicit cognition and implicit bias. These cases have important work to do in helping us understand both the role of implicit (...) cognition in action and our attempts to combat implicit biases. (shrink)

What does it take for an individual to be personally responsible for behaviors that lead to increased risk of disease? We examine three approaches to responsibility that cover the most important aspects of the discussion of responsibility and spell out what it takes, according to each of them, to be responsible for behaviors leading to increased risk of disease. We show that only what we call the causal approach can adequately accommodate widely shared intuitions to the effect that certain causal (...) influences—such as genetic make-up or certain social circumstances—diminish, or undermine personal responsibility. However, accepting the causal approach most likely makes personal responsibility impossible. We therefore need either to reject these widely shared intuitions about what counts as responsibility-softening or undermining or to accept that personal responsibility for behaviors leading to increased risk of disease rests on premises so shaky that personal responsibility is probably impossible. (shrink)