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)

According to the practice-focused approach to moral agency, a participant stance towards an entity is warranted by the extent to which this entity qualifies as an apt target of ascriptions of moral responsibility, such as blame. Entities who are not eligible for such reactions are exempted from moral responsibility practices, and thus denied moral agency. I claim that many typically exempted cases may qualify as moral agents by being eligible for a distinct participant stance. When we participate in moral responsibility (...) practices, we are not only participating as potential targets of moral reactions, but also as sources of such address, i.e. as moral addressors. By consequence, there are entities towards which we seem to have reason to adopt an addressor participant stance, regardless of their eligibility as moral addressees. This expanded theoretical room for moral agency may also be of normative import. (shrink)

This paper argues that, although moral agency and moral patiency are distinct concepts, we have pro tanto normative reasons to ascribe some moral agency to all moral patients. Assuming a practice-focused approach, moral agents are beings that participate in moral responsibility practices. When someone is a participant, we are warranted to take a participant stance toward them. Beings who lack moral agency are instead accounted for by an objective stance. As such, they are assumed to be exempted from moral responsibility (...) practices but may still be acknowledged as moral patients. In this paper, I question that a wholly objective stance is, in practice, compatible with proper sensitivity and responsiveness to moral considerations regarding the exempted moral patient. I claim that the participant stance involves a distinct other-regarding perspective, only available from within this stance. Recognizing others specifically as addressor participants induces a readiness for second-person interaction. Instead of merely seeing and treating the moral patient as an object of moral concern, we see them as a source or maker of moral claims and demands. This “you-perspective” appears to be necessary for perceiving a wider range of morally relevant facts and considerations in relation to them. Consequently, taking a wholly objective stance towards a moral patient may impede, or even corrupt, one’s moral sensitivity and responsiveness. Given a commitment to scaffold and cultivate moral agency, there are normative reasons to take an addressor participant stance to all moral patients, and never a wholly objective one. (shrink)

Das Buch verschafft einen Überblick über die neuere Willensfreiheitsdebatte, wobei es auch die Konsequenzen der Hirnforschung für das Freiheitsproblem erörtert. Ferner entwickelt der Autor eine eigene Position, die er 'fähigkeitsbasierten Libertarismus' nennt. Er widerspricht dem breiten philosophischen Konsens, dass jedenfalls eine Art von Freiheit mit einem naturwissenschaftlichen Weltbild unverträglich sei, nämlich die Fähigkeit, sich unter gegebenen Bedingungen so oder anders zu entscheiden. Im Buch wird argumentiert, dass der libertarischen Freiheitsauffassung, die wir im Alltag alle teilen, bei näherer Betrachtung keine Tatschen (...) entgegenstehen, sondern nur philosophische Doktrinen. Zwar können wir durch unser Handeln keine Naturgesetze abändern und sind auch keine ersten Beweger, aber für ein So-oder-Anderskönnen bedarf es dessen nicht. (shrink)

Negligence reminds us that we often do and cause things unawares, occasionally with grave results. Given the lack of foresight and intention, some authors argue that people should not be judged culpable for negligence. This paper offers a contrasting view. It argues that gaining control is itself a fundamental responsibility, with both collective and individual elements. The paper underlines both sides, focussing on how they relate as we ascribe responsibility or culpability. Following the introduction, Section 2 argues that conscious awareness (...) is neither necessary nor sufficient for control. Control is not a property of deliberate choice, so much as a practical achievement. Section 3 stresses the collective aspects of non-negligence: creating knowledge about risks, structuring environments to guard against them, and developing standards of care. Failings in the collective task, rather than lack of individual control, mean it can often be unfair to pin culpability on a single individual. Section 4 suggests that a basic duty of a responsible person is to acknowledge the ways in which we may do more or less than we mean to, often in ways that create risks. It then sketches an approach to culpability as part of a collective exercise: as we take responsibility for standards of care, and for our own and others’ agency. (shrink)

In this paper we attempt to reply to the thoughtful comments made on our book, Responsible Brains, by a stellar group of scholars. Our reply focuses on two topics discussed in the commenting papers: first, the issue of responsibility for negligent behavior; and second, the broad claim that facts about brain function are normatively inert. In response to worries that our theory lacks normative implications, we will concentrate on an area where our theory has clear relevance to law and legal (...) policy: juvenile responsibility. (shrink)

Forward-looking aims tend to play a much less significant role than retribution in justifying criminal punishment, especially in common law systems. In this paper I attempt to reinvigorate the idea that there are important forward-looking justifications for criminal law and punishment by looking to social theories of responsibility. I argue that the criminal law may be justified at the institutional level because it is a part of larger responsibility practices that have the effect of bolstering our reasons-responsiveness by making us (...) sensitive to the potential reactive attitudes of a larger societal audience. I further claim that forward-looking effects may justify criminal law institutions even if retribution is the primary aim of assigning punishments to specific offenders. (shrink)

According to one highly influential approach to moral responsibility, human beings are responsible (eligible to be praised or blamed) for what they do because they are _responsive to reasons _(Fischer & Ravizza 1998). However, this amounts to a descriptive assumption about human beings that may not be borne out by the empirical research. According to a recent trend in moral psychology (Haidt 2001), most human judgment is caused by fast, nonconscious, and intuitive processes, rather than explicit, conscious deliberation about one’s (...) reasons. And when humans do engage in explicit deliberation, it primarily serves to provide post hoc rationalization of their intuitive judgments (confabulation). If this is correct, it is tempting to conclude that most of our judgments—and the actions we perform on their basis—are not genuine responses to reasons. The reasons-responsiveness approach would thus appear to be committed to the implausible conclusion that we are not responsible for very much after all, including, most problematically, our implicit biases. I argue that the reasons-responsiveness approach can avoid this conclusion by showing three things: (1) that affective and intuitive processes can be reasons-responsive; (2) that the responsiveness of those processes can be bolstered by the agent’s environment; and (3) that practices like blame are one of the key ways in which human beings are attuned to reasons over time. I argue that the first and second of these items, despite their initial plausibility, are insufficient on their own to explain why humans can be held accountable for things like implicit biases, and that the way forward is to appreciate what holding each other accountable _does—_i.e., its effects. (shrink)

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

The situationist experiments demonstrate that most people's behaviour is influenced by environmental factors much more than we expect, and that ordinary people can be led to behave very immorally. A number of philosophers have investigated whether these experiments demonstrate that subjects' responsibility-relevant capacities are impeded. This paper considers how, in practice, we can assess when agents have a reduced capacity to avoid wrongdoing. It critiques some previously offered strategies including appeals to the reasonable person standard, appeals to counterfactuals and understandability (...) of behaviour, and appeals to base rates of wrongdoing. It then proposes we should think a certain factor impeded capacities when this is the best explanation of a change in patterns of responses. With this approach in hand, I then argue that subjects in many of the situationist experiments are (mostly) excused for their actions. (shrink)

The paper offers five desiderata on a realist normative theory of politics: that it should avoid moralism, deontologism, transcendentalism, utopianism, and vanguardism. These desiderata argue for a theory that begins from values rooted in a people’s experience; that avoids prescribing a collective deontological constraint; that makes the comparison of imperfect regimes possible; that takes feasibility and sustainability into account; and that makes room for the claims of democracy. The paper argues, in the course of exploring the desiderata, that a neo-republican (...) philosophy of government does pretty well in satisfying them. (shrink)

Freedom is sometimes cast as the psychological ideal that distinguishes human beings from other animals; sometimes as the ethical ideal that distinguishes some human beings from others; and sometimes as the political ideal that distinguishes some human societies from others. This paper is an attempt to put the three ideals in a common frame, revealing their mutual connections and differences.

This article sets out a forward-looking account of moral responsibility on which the ground-level practice is directly sensitive to aims such as moral formation and reconciliation, and is not subject to a barrier between tiers. On the contrasting two-tier accounts defended by Daniel Dennett and Manuel Vargas, the ground-level practice features backward-looking, desert-invoking justifications that are in turn justified by forward-looking considerations at the higher tier. The concern raised for the two-tier view is that the ground-level practice will be insufficiently (...) responsive to the forward-looking aims that are held to justify it. On the single-tier alternative, forward-looking considerations can more readily motivate substantial revisions, which the practice, due to serious and pervasive deficiencies, requires. (shrink)

In this paper, we focus on whether and to what extent we judge that people are responsible for the consequences of their forgetfulness. We ran a series of behavioral studies to measure judgments of responsibility for the consequences of forgetfulness. Our results show that we are disposed to hold others responsible for some of their forgetfulness. The level of stress that the forgetful agent is under modulates judgments of responsibility, though the level of care that the agent exhibits toward performing (...) the forgotten action does not. We argue that this result has important implications for a long-running debate about the nature of responsible agency. (shrink)

Once relegated to the margins of the responsibility debate, moral influence theories have recently been rehabilitated. This paper offers a moral influence theory with two parts: a theory of responsibility as influenceability and an act-consequentialist justification of blame. I defend this account against six concerns commonly raised both by opponents and by advocates of similar views. Some concerns target act consequentialism, claiming that it 1) permits blaming innocents; 2) permits coercion, manipulation, and other objectionable forms of influence; and 3) fails (...) to capture intuitions about desert. Other concerns target responsibility as influenceability, claiming that influenceability accounts are 4) unsophisticated, 5) make ascriptions of responsibility dependent on assessments of permissible blame, and 6) have various counterintuitive implications. (shrink)

In The Concept of Mind, Gilbert Ryle argued that a more sophisticated understanding of the dispositional nature of ‘intelligent capacities’ could bolster philosophical resistance to the tempting view that the human mind is possessed of metaphysically ‘occult’ powers and properties. This temptation is powerful in the context of accounting for the special qualities of responsible agency. Incompatibilists indulge the temptation; compatibilists resist it, using a variety of strategies. One recent strategy, reminiscent of Ryle’s, is to exploit a more sophisticated understanding (...) of dispositional properties to account for these qualities. But ‘new dispositionalists’ run up against a ‘hard problem’ that threatens the approach. This paper argues that the threat may be averted by embracing a yet more radical ‘Rylean’ view of the distinctive dispositional nature of ‘intelligent capacities’. (shrink)

This paper is divided into two parts. In Section 1, I explore and defend a “regulative view” of folk-psychology as against the “standard view”. On the regulative view, folk-psychology is conceptualized in fundamentally interpersonal terms as a “mind-making” practice through which we come to form and regulate our minds in accordance with a rich array of socially shared and socially maintained sense-making norms. It is not, as the standard view maintains, simply an epistemic capacity for coming to know about the (...) mental states and dispositions already there. Importantly, the regulative view can meet and beat the standard at its own epistemic game. But it also does more. In Section 2, I show how the regulative view makes progress on two other problems that remain puzzling on the standard view: the problem of “first-person authority” – accounting for the special features of self-knowledge; and the problem of “reactive.. (shrink)

This paper responds to recent work on moral blame, which has drawn attention to the ambivalent nature of our blaming practices and to the need to ‘civilize’ these practices. It argues that the project of civilizing blame must engage with a further problematic feature of these practices, namely, that they can be implicated in structures of social oppression, and distorted by epistemic and discursive injustice. The paper also aims to show that engaging with this problem raises questions about the Strawsonian (...) equation of moral responsibility with liability to praise or blame. (shrink)

In this paper I defend a solution to the moral luck problem based on what I call "a fair opportunity account of control." I focus on Thomas Nagel's claim that moral luck reveals a paradox, and argue that the apparent paradox emerges only because he assumes that attributions of responsibility require agents to have total control over their actions. I argue that a more modest understanding of what it takes for someone to be a responsible agent-i.e., being capable of doing (...) the right thing for the right reasons-dissolves the paradox and shows that responsibility and luck aren't at odds. (shrink)

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

According to the ‘starting-gate’ interpretation of equality of opportunity, individuals who enjoy equal starts can legitimately become unequal to the extent that their differences derive from choices for which they can be held responsible. There can be no coercive transfers of resources in favour of individuals who disregarded their own futures, and no limits on the right of an individual to distribute resources intrapersonally. This paper assesses two ways in which advocates of equality of opportunity might depart from the starting-gate (...) interpretation. The first involves limiting the degree to which people are liable to pay the costs of their past choices. The second involves limiting their initial opportunities so as to prevent certain risky or apparently short-sighted choices. The paper compares these alternatives in terms of their compatibility with a particular conception of persons as morally equal and temporally extended. It constructs this conception by combining reductionist premises about personal identity with the premise that our status as equals is based on the fundamental requirement of opacity respect. Two conclusions about equality of opportunity are shown to follow from this conception of persons as morally equal and temporally extended: the first is that an individual’s liability to pay the costs of her past choices does not diminish over time; the second is that the individual’s initial scope of choice, in bringing about intrapersonal distributions between her current and future selves, can nevertheless be permissibly limited. The two conclusions are consistent, and the second allows for departures from starting-gate equality of opportunity. (shrink)

Communication and cultivation accounts of responsibility argue that blaming has an important communicative and agency-cultivating function when addressed at someone we consider to be deserving of blame. On these accounts, responsible agents are agents who can understand negative reactive attitudes and are sensitive to their moral-agency cultivating function. In this paper I examine our reproachful engagements with agents whose moral agency is underdeveloped or compromised. I discuss how these engagements compare to blaming on CC accounts and argue reproachful engagements can (...) have an important communicative and agency-cultivating pointe. I then go on to propose an addition to CC-accounts that explains how underdeveloped and compromised agents can be held responsible. I will show how this addition resolves ambiguities in accounts from McKenna, Vargas and McGeer. I conclude the paper by anticipating an objection CC accounts could raise: that reproach and blame are co-extensive. (shrink)

In addition to protecting agents’ autonomy, consent plays a crucial social role: it enables agents to secure partners in valuable interactions that would be prohibitively morally risk otherwise. To do this, consent must be observable: agents must be able to track the facts about whether they have received a consent-based permission. I argue that this morally justifies a consent-practice on which communicating that one consents is sufficient for consent, but also generates robust constraints on what sorts of behaviors can be (...) taken as consent- communicating. (shrink)

I propose an account of how our forward-looking moral and epistemic responsibility practices arose, how they related to backward-looking responsibility practices, and what makes them stable. This account differs in several ways from prominent theories already in the literature. Traditionally, forward-looking accounts of responsibility are framed third-personally in terms of social control and neglect the perspective and agency of the responsible person. The account I develop allows that there are third-personal, control-based aspects of our responsibility practices, but it also makes (...) room for the first-personal perspective of the responsible agent and emphasizes the role of partner choice and cooperative planning and action. Whereas existing research focuses on forward-looking accounts of the practice of holding others responsible, I offer an account of forward-looking practices of taking responsibility and assigning responsibility. I hope thereby to provide a richer and more plausible framework in which to think about responsibility and our practices related to it. (shrink)

There is a strong presumption that mental disorder injures a person's autonomy, understood as a set of capacities and as an ideal condition of agency which is worth striving for. However, recent multidimensional approaches to autonomy have revealed a greater diversity in ways of being autonomous than has previously been appreciated. This presumption, then, risks wrongly dismissing variant, neuro-atypical sorts of autonomy as non-autonomy. This is both an epistemic error, which impairs our understanding of autonomy as a phenomenon, and a (...) moral error, which withholds recognition and respect that autonomous agents are due. I argue that careful attention to the different 'shapes' of agent's autonomy reveals that there are indeed distinctive kinds of neuro-atypical autonomy that are widely mistaken for non-autonomy. This project argues for two propositions. First, that there is a kind of autonomy, with a distinctive shape and texture, available to bipolar agents. This is a variant sort of autonomy, but not a defective or deficient sort. It is the ideal of autonomy that it is worth bipolar agents striving for, given the range and intensity of experiences that they will have to confront. Whilst bipolar autonomy will look unlike more neurotypical kinds of autonomy, it continues to be owed recognition. The second proposition is that we should understand the ideal of autonomy to be both pluralist and highly context sensitive. Given the range of starting points from which agents will strive to an ideal of autonomy, there will be some variation in the ideals worth striving for. The variation in ideals will reflect the existential realities they are local to. Theory of autonomy must be adapted to recognise bipolar, and other neuro-atypical, kinds of autonomy, and to reflect this wider pluralism. These propositions will be argued for with careful attention to the experiences and agency of people living with bipolar, or related, disorders. Understanding the ways that manic or depressive episodes, and the shifts between them, alter and apply pressure to our agency will inform an account of the distinctively bipolar autonomy that can be built on top of it. (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 diagnosis of brain dysfunction matter for ascriptions of moral responsibility? This chapter argues that, while knowledge of brain pathology can inform judgments of moral responsibility, its evidential value is currently limited for a number of practical and theoretical reasons. These include the problem of establishing causation from correlational data, drawing inferences about individuals from group data, and the reliance of the interpretation of brain findings on well-established psychological findings. Brain disorders sometimes matter for moral responsibility, however, because they (...) change an individual’s moral psychology in a way that is beyond their control. While control over psychological changes is not an excusing factor, brain disorders can mitigate moral responsibility because they confront individuals with new psychological deficits or urges for which their previous moral education and existing external and internal moral resources have not prepared them. (shrink)