When sporting agents fail through wrongful or faulty behaviour, they should feel guilty; when they fail because of a deficiency in their abilities, they should feel shame. But sometimes we fail without being deficient and without being at fault. I illustrate this with two examples of players, Moacir Barbosa and Roberto Baggio, who failed in World Cup finals and cost their teams the greatest prize in sport. Although both players failed, I suggest that neither was at fault and neither was (...) deficient. I argue that we can fail through no fault of our own because our abilities are always fallible. This fallibility means that to succeed – to achieve sporting glory – we must run the risk of failure. The appropriate emotion to feel over such failures is agent-regret. Sporting agents and observers should not take up what I call the ‘critical position’: the idea that someone who fails must be deficient or must have been at fault. This allows for a softer, but also more accurate, attitude towards our own failures and the failures of others. I end by suggesting that the fallibility of our abilities is made clear through playing or watching sport, and this can illuminate life more broadly. (shrink)

When, in spite of our good intentions, we fail to meet our obligations to others, it is important that we have the correct theoretical description of what has happened so that mutual understanding and the right sort of social repair can occur. Consider an agent who promises to help pick a friend up from the airport. She takes the freeway, forgetting that it is under construction. After a long wait, the friend takes an expensive taxi ride home. Most theorists and (...) non-theorists react to such cases by either judging the agent's action as a violation of her obligation to help or as having satisfied the only obligation she really had, namely to try to help. However, as I show, there are serious difficulties that arise from categorizing this agent's action as satisfying or violating her obligation – difficulties that are avoided if we instead add “mere moral failures” to the basic categories for moral evaluation. An agent merely fails when she neither satisfies nor violates her obligation. She is responsible fo.. (shrink)

The social and legal practices of blaming, praising, punishing and rewarding are inextricably linked with the process of ‘holding responsible’. Blame, praise, and the like exist as means of holding agents to account that is distinct from, but reliant upon, attributions of responsible agency. When claims of accountability are made without access to an underlying shared attribution of responsibility, the communicative role of accountability is undermined. Disagreement over blame and praise is reduced to disparity: able to hear only that something (...) is a bad or good thing, we are left unable to understand what the bad thing is, or why it is bad. Responsibility as we employ it offers the basis for our evaluations of agents. However, conceptions of responsibility that focus on agent capacities, namely control and rationality, fail to give responsibility a meaning capable of fulfilling this purpose. The retrospective responsibility of agents for events does not result from the capacities of those agents. It is at.. (shrink)

This paper defends the view that trust is a moral attitude, by putting forward the Obligation-Ascription Thesis: If E trusts F to do X, this implies that E ascribes an obligation to F to do X. I explicate the idea of obligation-ascription in terms of requirement and the appropriateness of blame. Then, drawing a distinction between attitude and ground, I argue that this account of the attitude of trust is compatible with the possibility of amoral trust, that is, trust held (...) among amoral persons on the basis of amoral grounds. It is also compatible with trust adopted on purely predictive grounds. Then, defending the thesis against a challenge of motivational inefficacy, I argue that obligation-ascription can motivate people to act even in the absence of definite, mutually-known agreements. I end by explaining, briefly, the advantages of this sort of moral account of trust over a view based on reactive attitudes such as resentment. (shrink)

Rüdiger Bittner argues that regret is not useful and so it is always unreasonable to feel and express it. In this paper, I argue that regret is often reasonable because regret has a communicative function: it communicates where we stand with respect to things we have done and outcomes that we have caused. So, I not only argue that Bittner’s argument is unsuccessful, I also shed light on the nature and purpose of regret.

Agent-regret seems to give rise to a philosophical puzzle. If we grant that we are not morally responsible for consequences outside our control (the ‘Standard View’), then agent-regret—which involves self-reproach and a desire to make amends for consequences outside one’s control—appears rationally indefensible. But despite its apparent indefensibility, agent-regret still seems like a reasonable response to bad moral luck. I argue here that the puzzle can be resolved if we appreciate the role that agent-regret plays in a larger social practice (...) that helps us deal with bad moral luck. That agent-regret is a component in a social practice limits the questions that we can reasonably ask about it. While we can ask whether an experience of agent-regret is rational given the norms of this practice, we cannot ask the question that motivates the puzzle of agent-regret, viz. whether agent-regret is rationally defensible according to the Standard View. (shrink)

People are often involuntarily laid off from their jobs through no fault of their own. Employees who are dismissed in this manner cannot always legitimately hold employers accountable for these miserable situations because the decision to implement layoffs is often the best possible outcome given the context—that is, layoffs in and of themselves may be “necessary evils.” Yet, even in circumstances in which layoffs qualify as “necessary evils,” morality demands that employers respect the dignity of those whose employment is involuntarily (...) terminated. In this paper I argue that to preserve the dignity of employees who are involuntarily terminated, in most cases employers have a substantial reason to offer a special kind of unemployment benefit, “severance pay.” To support my claim I draw and expand upon Bernard Williams’s analysis of “agent-regret,” which I believe greatly helps to address and articulate employers’ obligations in the context of involuntary termination. (shrink)

© The Author 2018. Published by Oxford University Press on behalf of The Analysis Trust. All rights reserved. For Permissions, please email: [email protected] article is published and distributed under the terms of the Oxford University Press, Standard Journals Publication Model...Philosophy of law was until recently dominated by abstract investigation into the nature of law, a pursuit known as ‘general jurisprudence’. In this way, it resembled a branch of metaphysics or mid-twentieth century philosophy of mind, seeking to uncover the essential properties (...) of a general and multiply realizable phenomenon. Today, philosophers study law with a sharper focus, and with a more specialized lens – that of ethicists, for example, or epistemologists, or philosophers of action.That is not to say there has been a drop in groundbreaking work in general jurisprudence (see, for... (shrink)

ABSTRACT In cases of apparent moral dilemmas, the feeling of regret reminds us that there were competing, morally significant options. Because Kant denies the existence of genuine conflicts of obligation [1996c. “The Metaphysics of Morals.” In Practical Philosophy, edited and translated by Mary J. Gregor, 353–604. The Cambridge Edition of the Works of Immanuel Kant. Cambridge: Cambridge University Press. doi:10.1017/cbo9780511813306.013, 6:224], he cannot explain the propriety and phenomenology of regret, or so it is traditionally argued [Williams, Bernard. 1965. “Symposium: Ethical (...) Consistency.” Aristotelian Society Supplementary Volume 39: 103–138]. I argue that regret can be modelled as a painful and in-part retrospective version of what Kant calls ‘moral feeling’. Different moral feelings arise in different contexts of moral thought and represent our duties in ways that reflect our normative situations. Regret represents the relation between a past action and a general duty that we imagined fulfilling in a certain way but did not. For beings like us, moral feeling is a subjective condition on our being put under obligation at all. Absence of regret therefore suggests that an agent may no longer be, or perhaps never was, sincerely moved by the moral law. (shrink)

Henry Shue has led the charge among moral philosophers in arguing that harms stemming from anthropogenic climate change constitute violations of basic rights and are therefore prohibited by duties of justice. Because frameworks such as Shue’s argue that duties of justice are at stake, one could object that the special urgency of those duties threatens to overrun the normatively protected space in which an agent makes her life her own. We argue that an alternative conception of how moral reasons combine (...) to produce duties is required to respond to the demandingness objection, providing normatively protected space to pursue one’s projects while yielding numerous strict obligations of justice. (shrink)

The nonconsequentialist revival in tort theory has focused almost exclusively on one issue: showing that the rules governing compensation for acts reflect corrective justice rather than welfarist norms. The literature either is silent on what makes an act wrongful in the first place or suggests criteria that seem indistinguishable from some version of cost/benefit analysis. As a result, cost/benefit analysis is currently the only game in town for determining appropriate standards of conduct for socially useful but risky acts. This is (...) no small omission, and the failure of nonconsequentialists to acknowledge it or cure it can be traced to a number of recurring problems in the nonconsequentialist tort literature. Chief among them is the tendency to conflate prohibition and compensation, and to treat imposition of risk and imposition of harm as if they were distinct forms of conduct rather than the same conduct viewed from different temporal perspectives. (shrink)

Bernard Williams briefly discusses agent regret in his broader account of moral luck. The present paper first outlines one way to develop Williams’s notion with reference to the unintended harm; it then suggests that agent regret can be counteracted by externalizing the action that caused unintended harm, in Harry Frankfurt’s sense of externalization; and then the present paper argues that apology is a mechanism by which a person can externalize an offending action/effect—in that way counteracting agent regret. This function for (...) apology—self-repair—is different from others described in the literature, which address the role of apology in repairing relationships. The present paper describes a nonfictional example, that of a veteran of the U.S. war in Iraq who contacts a family gravely injured by him and his combat unit; the veteran is motivated to contact the family to apologize. The example serves as a prototypical case of agent regret. The example is taken from a recent literature on the clinical psychology of self-inflicted “moral injury”; categorizing this example of moral injury as agent regret also helps broaden our understanding of moral injury as a philosophical category and as a psychological phenomenon. (shrink)

Pacifism is the view that necessarily, the nonconsensual harming of pro tanto rights-bearers is all-things-considered morally impermissible. Critics of pacifism frequently point to common moral intuitions about self-defenders and other-defenders as evidence that pacifism is false and that self- and other-defense are often morally justified. I call this the Justification View and defend its rival, the Excuse View. According to the latter, a robust view of moral excuse adequately explains the common moral intuitions invoked against pacifism and is compatible with (...) pacifism. The paper proceeds in five steps. First, I identify ten intuitive data points that require explanation. Second, I introduce the justification/excuse distinction. Third, I demonstrate the Excuse View’s equal explanatory power with respect to the intuitive data. Fourth, I defend the Fair Use Principle: When evaluating the plausibility of rival theories J and E, the use of datum d’s full intuitive force against E and for J is epistemically permissible only if (i) d is better explained by J than E and (ii) no intuitive components of d are equally well-explained by E. Finally, I conclude that the conjunction of pacifism and the Excuse View renders the intuitive defense of the Justification View largely moot, and that this is a substantial victory for pacifism. (shrink)