Adversaries of Moral Luck (AMLs) are at pains to explain why wrongdoers are liable to bear burdens (punishment, compensation etc.) which are related to the harm they cause, because the consequences of what we do are a matter of luck. One attempt to solve this problem suggests that wrongdoers who cause more harm are liable to bear a greater burden not because they are more blameworthy but rather because they get the short straw in a liability lottery (represented by the (...) apparently indeterminate causal process). In this paper I argue that this attempt fails on several grounds. Apart from the fact that it is hard to see how the implementation of liability lotteries can be motivated and the fact that such scheme presupposes a political order (whereas the notion of liability does not seem to presuppose one), detaching liability from the outcomes of a culpable action undermines whichever justifications there were for imposing liability in the first place. Moreover, relying on the determination of the causal process as a good indication of the wrongdoer’s degree of culpability is mistaken, because the luck brought about through the causal process is not necessarily the only element involved in cases of harmful conduct which lies beyond the wrongdoers’ control. (shrink)

El trabajo persigue tres objetivos relacionados. El primero, de corte netamente hermenéutico, es rastrear y reconstruir las razones principales que habrían impulsado a C. S. Nino a rechazar la idea de reproche en su obra teórica. El segundo, de cariz más bien crítico, busca evaluar la credibilidad de estas razones, contraponiéndolas a otras que se estiman más acertadas desde el punto de vista filosófico y que, según se argüirá, habrían comenzado a formularse en la propia teoría del autor. El tercero (...) apunta a desvincular la idea de reproche de algunas connotaciones innecesarias que se le han asociado, para que pueda ocupar un lugar más cómodo en el seno de una teoría jurídica compatible con las premisas de un Estado liberal de derecho. (shrink)

The conception of responsibility for beliefs typically assumed in the literature mirrors the practices ofaccountabilityfor actions. In this paper, I argue that this trend leaves a part of what it is to be responsible unduly neglected, namely the practices ofattributability.After offering a diagnosis for this neglect, I bring these practices into focus and develop a virtue-theoretic framework to vindicate them. I then investigate the specificity of the belief case and conclude by resisting two challenges, namely that attributability cannot amount to (...) genuine responsibility and that it can be reduced to a sort of accountability. (shrink)

It is commonly assumed that ‘ought’ implies ‘can’, that is, that if we ought to do something, then it must be the case that we can do it. It is a frequent quip about this thesis that any account must specify three things: what is meant by the ‘ought’, what is meant by the ‘implies’, and what is meant by the ‘can’. Something is missed, though, when we state the thesis in its shortened, three-word form. We overlook what it means (...) to do something. It is, I think, not mere coincidence that nobody has discussed this issue: It is very difficult to specify what it means to do something in the relevant sense. This paper is devoted to fleshing out one way of doing something that is a problem for the thesis. (shrink)

There is a divide within political and legal theory concerning the justification of hate-crime legislation in liberal states. Opponents of Hate-Crime Legislation have recently argued that enhanced punishment for hate-motivated crimes cannot be justified within political liberal states. More specifically, Heidi Hurd argues that criminal sanction which target character dispositions unfairly target individuals for characteristics not readily under their control. She further argues that a ‘character’ based approach in criminal law is necessarily illiberal and violates the state’s commitment to political (...) neutrality. In the current paper, I attempt to show the difficulties and absurdity that follows from Hurd’s characterization of hate- rimes. I aim to show that punishment for undesirable character traits is consistent with western conceptions of criminal law. Upon doing so, I then go on to construct a positive argument for the justifiability of punishing for character traits as well as for the enhanced punishment associated with hate-motivated crimes. (shrink)

In this dissertation, I argue for what I call “practical perspective compatibilism”. According to this thesis, an agent with practical freedom is sufficiently free to be a moral agent and morally responsible for his or her actions. The concept of practical freedom is originally found in the writings of Kant. Kant argued that we can view the world from either a theoretical or a practical perspective. The theoretical perspective is that of causal explanation and prediction, whereas the practical perspective is (...) that of choosing what to do and how to act. We see that we are free when we view things from a practical perspective. Determinism cannot threaten our practical freedom, since from a practical perspective we must choose what to do even if everything ultimately is determined. I argue that practical freedom is sufficient freedom-wise for moral agency and moral responsibility because morality is action-guiding. Right and wrong are concepts to be employed in deliberation and advice. This is a strong reason to regard factors irrelevant to deliberators and advisers as irrelevant when making judgements of right and wrong, and whether somebody had some other kind of freedom than practical freedom is irrelevant to deliberators and advisers. There are also prima facie reasons to regard moral responsibility as tied to rightness and wrongness, so that agents are blameworthy when they did wrong and praiseworthy when they did right. I also show that no classic arguments for incompatibilism about determinism and moral responsibility work when directed against practical perspective compatibilism. Finally, this thesis discusses metaethics in relation to compatibilism. Since competing theories imply the falsity of some respected metaethical positions, metaethical considerations lend further support to practical perspective compatibilism. (shrink)