In “The Zygote Argument is Invalid: Now What?” (2015), Kristin Mickelson published an objection to the Zygote Argument that she first presented in 2012 as workshop comments on a draft of Mele's "Manipulation, Moral Responsibility, and Bullet-Biting" (2013). Assuming that the phrase "determinism precludes free will" means something like determinism-related causal factors are what prevent people from acting freely when determinism is true, Mele's original Zygote Argument was invalid. At the workshop, Mickelson presented Mele with two options to address the (...) problem, a premise-preserving option and a conclusion-preserving option. That is, Mele could change the conclusion of the original argument to the negative, non-explanatory thesis entailed by its original two premises, or find a way to add premises that would support the positive, explanatory conclusion of the original argument (which, notably, is the conclusion that Pereboom supports using best-explanation reasoning in his Four-Case Argument). Mickelson used this as an opportunity to explain the key contribution that best-explanation reasoning makes to manipulation arguments -- and why the best variant of the manipulation argument might conclude that incompatibilism is FALSE. In response to Mickelson's objection, Mele changed the conclusion of the argument before "Manipulation, Moral Responsibility, and Bullet-Biting" went to print, choosing Mickelson's proposal to change its conclusion over the suggestion to change its premises. However, Mele failed to mention Mickelson's invalidity objection in print and that he changed the conclusion of his argument as a direct response to it; nor did Mele mention the costs that Mickelson outlined for the premise-preserving solution that he adopted or the benefits of a conclusion-preserving solution. At the same time, Mele began using the term 'incompatibilism' to pick out the negative, non-explanatory claim supported by the newly revised Zygote Argument--and also started to claim (without providing evidence) that those who use the term 'incompatibilism' to denote the explanatory claim deterministic causal factors *make it the case* that no one acts freely when determinism is true" is guilty of using the term in a nonstandard and nontraditional way that he had "never had any use for"--failing to mention that he clearly used the term in this explanatory sense in his 2005 critique of the Four-Case Argument, which is to be expected give that Derk Pereboom uses the explanatory definition (as do Kadri Vihvelin, Carolina Sartorio, and *most* other contributors to the free-will literature). In THIS reply essay, Mickelson responds to an attempt by Gabriel De Marco (FSU, advisor Alfred Mele) to defend the original Zygote Argument from Mickelson's 2012/2015 critique. Unfortunately, both of De Marco's proposed "solutions" are non-starters. The first is a non-starter because De Marco merely repeats the premise-preserving solution that Mickelson offered to Mele in 2012 and that Mele adopted in print in 2013. In other words, De Marco took credit for the premise-preserving solution to the invalidity objection that Mickelson developed (although he does *redescribe* Mickelson's solution in his own idiosyncratic jargon) and Mele had already adopted in print. De Marco's second solution is a non-starter because it is constituted by a patently invalid argument. Contrary to De Marco's proposal, it's not true that the conjunction of possibilism and incompossibilism deductively entails the positive, diagnostic claim that deterministic causal factors beyond one's control preclude (destroy, undermine, is antagonistically relevant to) free will when determinism is true. *My thanks to the editors of Philosophia for publishing this reply when PhilStudies would not. (shrink)

Is it appropriate to blame people unequally if the only difference between them was a matter of luck? Suppose Alice would drive recklessly if she could, Belen drove recklessly but didn’t harm anyone, and Cleo drove recklessly and killed a child. Luck-advocates emphasize that in real life we do blame such agents very unequally. Luck-skeptics counter that people aren’t responsible for factors beyond their control, or beyond their quality of will. I’ll defend a somewhat reconciliatory view. I’ll concede to the (...) skeptics that these agents are equally culpable. Nonetheless, I’ll suggest with the luck-advocates that it’s fitting to blame them unequally. That’s because their culpability is unequally significant for us: Cleo’s culpability concerns us more than Belen’s, and Belen’s more than Alice’s—just like the fault of a close aggressor concerns us more than that of an aggressor far off in place and time. And it’s fitting for us to respond with more blame to faults that concern us more. Indeed, blaming people simply in proportion to their culpability manifests a form of fetishism, or problematic mere-matter-of-principle concern. So while many skeptical tenets may hold, in substance the luck-advocates are right. (shrink)

Under a ‘dirty hands’ model of undercover policing, it inevitably involves situations where whatever the state agent does is morally problematic. Christopher Nathan argues against this model. Nathan’s criticism of the model is predicated on the contention that it entails the view, which he considers objectionable, that morally wrongful acts are central to undercover policing. We address this criticism, and some other aspects of Nathan’s discussion of the ‘dirty hands’ model, specifically in relation to state entrapment to commit a crime. (...) Using János Kis’s work on political morality, we explain three dilemmatic versions of the ‘dirty hands’ model. We show that, while two of these are inapplicable to state entrapment, the third has better prospects. We then pursue our main aim, which is to argue that, since the third model precludes Nathan’s criticism, a viable ‘dirty hands’ model of state entrapment remains an open possibility. Finally, we generalize this result, showing that the case of state entrapment is not special: the result holds good for policing practices more generally, including such routine practices as arrest, detention, and restraint. (shrink)

We tend to think that a person who is both reasonable and moral can have a good life. What constitutes a life that is not only good but superlative, or even “marvellous” or “holy”? Those who have such lives are called sages, heroes or saints, and their lives can display great integrity as well as integration with a transformative “Spiritual Presence.” Does it follow that saints are perfect people? Is there a common vision that impels them to seek holiness? In (...) a controversial interpretation of mysticism Horne suggests that there is no single formula for the meaning of life and no one story that displays it to us. Mysticism, rather than being just a visionary perception, then becomes a problem-solving process that brings about a creative transformation of the personality at a critical stage in life. He suggests also that saints may be imperfect morally and describes true saints as double-minded: they are serious in a playful way. Mysticism and Vocation illuminates our understanding of saintly lives by explicating their mystical characteristics and extending discussions of mysticism to explain its role in active lives. In discussing important decisions that go beyond conventional morality, it adds to recent philosophical arguments by Charles Taylor, Alasdair MacIntyre, Iris Murdoch, Bernard Williams and others to the effect that morality should be defined more broadly to deal with the human condition. This book will be of interest to students of philosophy and religious studies, in both graduate and undergraduate programs. (shrink)

Do epistemic and aesthetic values ever conflict? The answer might appear to be no, given that background knowledge generally enhances aesthetic experience, and aesthetic experience in turn generates new knowledge. As Keats writes, ‘Beauty is truth, truth beauty’ (Keats, 1996). Contra this line of thought, I argue that epistemic and aesthetic values can conflict when we over-rely on aesthetically enhancing background beliefs. The true and the beautiful can pull in different directions, forcing us to choose between flavours of normativity.

The terms ‘compatibilism’ and ‘incompatibilism’ were introduced in the mid-20th century to name conflicting views about the logical relationship between the thesis of determinism and the thesis that someone has free will. These technical terms were originally introduced within a specific research paradigm, the classical analytic paradigm. This paradigm is now in its final stages of degeneration and few free-will theorists still work within it (i.e. using its methods, granting its substantive background assumptions, etc.). This chapter discusses how the ambiguity (...) of the terms ‘incompatibilism’ and ‘compatibilism’ took root and why it matters to the contempory debate. I explain why the ambiguity of these anachronistic terms, though relatively innocuous when they were first introduced, is now encouraging theorists to tolerate and perpetuate serious philosophical errors (e.g. to conflate relations as different in kind and importance as correlation and causation, to knowingly promote invalid arguments, and to equivoate on jargon in ways that keep the free-will debate mired in psuedo-stalemates). I also suggest a new paradigm for anyone looking for relief from the confusion and deadlock created by the use of inadequate classical narratives and jargon. -/- A selection from the publication is available to download here. For full version, please gmail me, username: kristin.mickelson.42 -/- . (shrink)

"We wish this volume to be a sure companion to the study of free will, broadly construed to include action theory, moral and legal responsibility, and cohort studies feathering off into adjacent fields in the liberal arts and sciences. In addition to general coverage of the discipline, this volume attempts a more challenging and complementary accompaniment to many familiar narratives about free will. In order to map out some directions such accompaniment will take, in this introduction we anchor the thirty (...) contributions to this volume in some common history from which they arise, and attempt to indicate where future work in free will and moral responsibility will–and has already begun to–depart from that history." -Excerpt from Introduction. ... ... To read full introduction, (1) download attached file or (2) follow wiley_dot_com link below, click "Read An Excerpt", then click :Excerpt 3:(pdf)". (shrink)

Philosophers have already recognized the importance of causal preemption involving “positive” events. First, preemption with positive events raises problems for counterfactual theories of causation. Second, theories of moral and legal responsibility rely heavily on the concept of causation, so accurately assessing responsibility in preemption cases requires correctly assessing their causal structure. However, philosophers have not discussed preemption involving “negative” events or omissions. This paper argues that cases of preemptive omissions exist and have important implications for theories of causation and for (...) moral and legal responsibility. Of theoretical importance, the alterations made to counterfactual theories of causation to address preemption with positive events do not seem to work for accommodating preemptive omissions. Of practical importance, there have been actual legal cases involving preemptive omissions, and at least one such case was, this paper contends, decided incorrectly on erroneous causal grounds. This paper identifies what must happen for preemptive omissions to obtain. It then argues for the existence of preemptive omissions by constructing a series of cases and drawing structural parallels between preemption cases with positive events and cases with omissions. It ultimately presents a formula for generating preemptive omissions and examines both why “traditional” methods of generating preemption fail for omissions and why the proposed method avoids such concerns. (shrink)

*As mentioned in Peter Coy's NYT essay "When Being Good Is Just a Matter of Being Lucky" (2023) -/- ----- -/- How is the problem of free will related to the problem of moral luck? In this essay, I answer that question and outline a new solution to the paradox of moral luck, the source-paradox solution. This solution both explains why the paradox arises and why moral luck does not exist. To make my case, I highlight a few key connections (...) between the paradox of moral luck and two related problems, namely the problem of free will and determinism and the paradox of self-creation. Piecing together intuitions, arguments, and insights from recent work on each of these three problems, I argue that the type of control necessary for moral responsibility can only be had by someone who is a genuine source of his own actions, but the relevant notion of sourcehood admits no coherent characterization. If our commonsense view of moral responsibility is incoherent, it is unsurprising that our commitment to the existence of morally responsible agents commits us to some paradoxical things—e.g. to both the existence and impossibility of moral luck. For more information about this article, please write to gmail account: kristin.mickelson.42. (shrink)

A meaningful life, we shall argue, is a life upon which a certain sort of valuable pattern has been imposed by the person in question - a pattern which involves in serious ways the person having an effect upon the world. Meaningfulness is thus a special kind of value which a human life can bear. Two interrelated difficulties face ths proposal. One concerns responsiblity: how are we to account for the fact that a life that satisfies the above criteria can (...) have more meaning than a life with the same positive outcomes but which lacks responsiblity on the part of the agent? The other turns on these outcomes themselves: how can the meaningfulness engendered by actions you perform now be affected by what those actions go on to produce in the future, perhaps even after your death? We provide a response to both of these difficulties. (shrink)

A state-based reason for one to intend to perform an action F is a reason for one to intend to F which is not a reason for one to F. Are there any state-based reasons to intend? According to the Explanatory Argument, the answer is no, because state-based reasons do not satisfy a certain explanatory constraint. I argue that whether or not the constraint is correct, the Explanatory Argument is unsound, because state-based reasons do satisfy the constraint. The considerations that (...) undermine the Explanatory Argument also generate a strong, positive case for the existence of state-based reasons to intend. (shrink)

This is a contribution to a Book symposium on The Limits of Free Will: Selected Essays by Paul Russell. Russell provides replies to three critics of The Limits of Free Will. The first reply is to Robert Wallace and focuses on the question of whether there is a conflict between the core compatibilist and pessimist components of the "critical compatibilist" position that Russell has advanced. The second reply is to Angela Smith's discussion of the "narrow" interpretation of moral responsibility responsibility (...) (as defended by R. Jay Wallace) and how best to respond to it. The third and last reply is concerned with Christopher Bennett's criticism of Russell's views concerning "motivational scepticism" and the possibility of pure practical reasons. (shrink)

Let us give voice to this new demand: we need a critique of moral values, the value of these values should itself, for once, be examined. -Friedrich NietzscheAnyone who, stimulated by education, has come to feel the force of the various obligations in life, at some time or other comes to feel the irksomeness of carrying them out, and to recognize the sacrifice of interest involved; and, if thoughtful, he inevitably puts to himself the question: “Is there really a reason (...) why I should act in the ways in which hitherto I have thought I ought to act? … Should I not really be justified in simply trying to have a good time?” -H.A. Prichard. (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)

In this paper I contemplate two phenomena that have impressed theorists concerned with the domain of reasons and of what is now called ‘normativity’. One is the much-discussed ‘externality’ of reasons. According to this, reasons are just there, anyway. They exist whether or not agents take any notice of them. They do not only exist in the light of contingent desires or mere inclinations. They are ‘external’ not ‘internal’. They bear on us, even when through ignorance or wickedness we take (...) no notice of them. They thus very conspicuously shine the lights of objectivity, and independence, and even necessity. By basking in this light, ethics is rescued from the slough of sentiment and preference, and regains the dignity denied to it by theorists such as Hobbes or Hume, Williams, Gibbard or myself. Hence, many contemporary philosophers compete to stress and to extol the external nature of reasons, their shining objectivity. The other phenomenon is that of the inescapable ‘normativity’ of means-ends reasoning. Here the irrationality of intending an end but failing to intend the means is a different shining beacon. It is that of pure practical reason in operation: an indisputable norm, again showing a sublime indifference to whatever weaknesses people actually have, and ideally fitted to provide a Trojan horse for inserting rationality into practical life. If the means-end principle is both unmistakably practical and yet the darling child of rationality itself, then other principles of consistency or of humanity, or of universalizing the maxims of our action, can perhaps follow through the breach in the Humean citadel that it has spearheaded. And so we get the dazzling prospect that if people who choose badly are choosing against reason, then this can be seen to be a special and grave defect. It would locate the kind of fault they are indulging. It would give us, the people of reason, a special lever with which to dislodge their vices. Being able to herd knaves and villains in a compound reserved for those who trespass against reason and rationality therefore represents definite progress. (shrink)

The institution of the family and its importance have recently received considerable attention from political theorists. Leading views maintain that the institution’s justification is grounded, at least in part, in the non-instrumental value of the parent-child relationship itself. Such views face the challenge of identifying a specific good in the parent-child relationship that can account for how adults acquire parental rights over a particular child—as opposed to general parental rights, which need not warrant a claim to parent one’s biological progeny. (...) I develop a view that meets this challenge. This Project View identifies the pursuit of a parental project as a distinctive non-instrumentally valuable good that provides a justification for the family and whose pursuit is necessary and sufficient for the acquisition of parental rights. This view grounds moral parenthood in a normative relation as opposed to a biological one, supports polyadic forms of parenting, and provides plausible guidance in cases of assisted reproduction. (shrink)

Explaining the notion of legal luck and exploring its justification. Focusing on how legal luck relates to moral luck, legal causation and negligence, and to civil and criminal liability.

According to moral error theory, morality is something invented, constructed or made; but mistakenly presents itself to us as if it were an independent object of discovery. According to moral constructivism, morality is something invented, constructed or made. In this paper I argue that constructivism is both compatible with, and in certain cases explanatory of, some of the allegedly mistaken commitments to which arguments for moral skepticism appeal. I focus on two particular allegations that are sometimes associated with moral skepticism. (...) The first is the suspicion that in making moral claims we are merely projecting our attitudes onto the world. The second is the suspicion that in arguing for and against moral views we are merely attempting to influence each other to give similar answers to questions that have no determinate answer. (shrink)

The classical principle of double effect offers permissibility conditions for actions foreseen to lead to evil outcomes. I shall argue that certain kinds of closeness cases, as well as general heuristic considerations about the order of explanation, lead us to replace the intensional concept of intention with the extensional concept of accomplishment in double effect.

Many philosophers ignore developments in the behavioral, cognitive, and neurosciences that purport to challenge our ideas of free will and responsibility. The reason for this is that the challenge is often framed as a denial of the idea that we are able to act differently than we do. However, most philosophers think that the ability to do otherwise is irrelevant to responsibility and free will. Rather it is our ability to act for reasons that is crucial. We argue that the (...) scientific findings indicate that it is not so obvious that our views of free will and responsibility can be grounded in the ability to act for reasons without introducing metaphysical obscurities. This poses a challenge to philosophers. We draw the conclusion that philosophers are wrong not to address the recent scientific developments and that scientists are mistaken in formulating their challenge in terms of the freedom to do otherwise. (shrink)

This paper argues against the unity of the virtues, while trying to salvage some of its attractive aspects. I focus on the strongest argument for the unity thesis, which begins from the premise that true virtue cannot lead its possessor morally astray. I suggest that this premise presupposes the possibility of completely insulating an agent’s set of virtues from any liability to moral error. I then distinguish three conditions that separately foreclose this possibility, concentrating on the proposition that there is (...) more to morality than virtue alone—that is, not all moral considerations are ones to which some virtue is characteristically sensitive. If the virtues are not unified, the situationist critique of virtue ethics also turns out to be more difficult to establish than some have supposed. (shrink)

I argue that it’s quite comprehensible to get upset about metaethical nihilism, to indulge what I call nihilistic despair. When we lose the objective moral or normative point of view, we lose the promise of luck-immune guidance and categorical importance, things many of us hope for. This is all quite Williams-friendly, but I reject his puzzling but suggestive remarks that nihilistic despair must be a self-pitying muddle. Finally, I argue that internalism about reasons is even more depressing than outright nihilism, (...) in one way at least. (shrink)

Risk decisions often appear unsatisfactory after a calamity has taken place. This holds even when they are products of systematic risk analysis. Yet, if relevant considerations available to be known pre-accident were adequately taken into account and safety measures implemented accordingly, nobody seems morally blameworthy. In this paper, I advance a two-way argument. Firstly, I show how analysis of post-accident apologizing sheds new light on vexed tensions in ethical assessment of risk impositions. This amounts to exposing conflicting moral intuitions in (...) risk decisions, discussing problematic tenets in risk analysis as well as outlining three lines of arguments that destabilize the very notion of correct risk analysis. The analysis indicates that bringing different discussions of moral blameworthiness together facilitates resolving the tensions. It also calls for further and early-on collaboration between risk theorists and ethicists in order to carry these insights to risk analysis. Secondly, I argue that analysis of risk decisions, in part, reveals a discrepancy between the definitional work done on apology and what is required by ethics. Virtually every suggestion for the gold standard for apology involves moral blameworthiness as a necessary condition. I highlight different kinds of cases in which nobody is culpable, but an apology can be morally fitting or required. It would be nonsensical to say that, in these cases, one ought to apologize, but in a disingenuous manner. (shrink)

What is virtue? How can we lead moral lives? Exploring how contemporary moral philosophy has led to a revival of interest in the concepts of 'virtue', 'character' and 'flourishing', this is an accessible and critical introduction to virtue ethics. The book includes chapter summaries and guides to further reading throughout to help readers explore, understand and develop a critical perspective towards this important school of contemporary ethical thought.

In this paper I argue that the disagreement between modern moral philosophers and (some) virtue ethicists about whether motive affects rightness is a result of conceptual disagreement, and that when they develop a theory of ‘right action,’ the two parties respond to two very different questions. Whereas virtue ethicists tend to use ‘right’ as interchangeable with ‘good’ or ‘virtuous’ and as implying moral praise, modern moral philosophers use it as roughly equivalent to ‘in accordance with moral obligation.’ One implication of (...) this is that the possibility of an act being right by accident does not pose a problem for consequentialism or deontology. A further implication is that it reveals a shortcoming in virtue ethics, namely that it does not—yet needs to—present an account of moral obligation. (shrink)

It is gratifying to me, though perhaps it will be disappointing to you, to discover that Neil Levy and I agree on much of what to say about the morality of punishment. His summary of the contents of The Immorality of Punishment is both generous and, for the most part, accurate, and the concerns that he raises are certainly reasonable. In what follows, I will address what I take to be the most significant of these concerns.IAs Levy notes, in the (...) book I discuss alleged moral justifications of legal punishment that have been proposed both from a retributivist and from a non-retributivist perspective. What I take to be my two most significant arguments—the Argument from Ignorance and the Argument from Luck—concern the former perspective, but let me say something first about some of the reasons I gave for doubting that legal punishment can be morally justified on non-retributivist grounds. I considered three such grounds: rehabilitation, by either educative or non-educative means, of the pe .. (shrink)

The aim of this paper is to improve our understanding of the category of moral “luck”. In current debate most often only specific cases of moral “luck” are taken into account. Such restrictions, however, involving a fragmentary picture of moral "luck", are introduced without any rationale for them. In this paper I look for a formal comprehensiveness of the category of moral “luck”. I consider three factors each of which is developed in two scenarios. These are (i) whether the agent’s (...) action is nasty or nice, (ii) whether the agent’s intention is confirmed or contradicted by her action, and (iii) whether the agent’s action is preceded by her intention or the lack thereof. I explore eight scenarios which are a mark of the intricacy of the category of moral “luck” otherwise ignored in the literature. After an assessment of their structure I arrive at new distinctions. The upshot is a rather complex set of correlations between several cases of moral “luck” with a variety of kinds and shades. (shrink)

In this paper, we motivate, propose and defend the following two conditions as individually sufficient and disjunctively necessary for moral responsibility: PODMA —originally proposed by Coren, Acta Analytica, 33, 145–159,, now cast as sufficient rather than necessary—and the TWC*, which amends versions presented by Young, 961–969, 2016; Philosophia, 45, 1365–1380, 2017). We explain why there is a need for new necessary and sufficient conditions, how these build on and improve existing ideas, particularly in relation to Frankfurt-style counterexamples and the continuing (...) discussion on their effectiveness, and why PODMA and the TWC* are good candidates. Finally, we defend the proposal against anticipated objections in order to clarify why we think these individually sufficient and disjunctively necessary conditions are plausible and able to inform the ongoing debate on the role of alternate possibilities in the ascription of moral responsibility. (shrink)

Moral judgments, we expect, ought not to depend on luck. A person should be blamed only for actions and outcomes that were under the person’s control. Yet often, moral judgments appear to be influenced by luck. A father who leaves his child by the bath, after telling his child to stay put and believing that he will stay put, is judged to be morally blameworthy if the child drowns (an unlucky outcome), but not if his child stays put and doesn’t (...) drown. Previous theories of moral luck suggest that this asymmetry reflects primarily the influence of unlucky outcomes on moral judgments. In the current study, we use behavioral methods and fMRI to test an alternative: these moral judgments largely reflect participants’ judgments of the agent’s beliefs. In “moral luck” scenarios, the unlucky agent also holds a false belief. Here, we show that moral luck depends more on false beliefs than bad outcomes. We also show that participants with false beliefs are judged as having less justified beliefs and are therefore judged as more morally blameworthy. The current study lends support to a rationalist account of moral luck: moral luck asymmetries are driven not by outcome bias primarily, but by mental state assessments we endorse as morally relevant, i.e. whether agents are justified in thinking that they won’t cause harm. (shrink)

In his “A new argument for evidentialism” (Shah, Philos Q 56(225): 481–498, 2006 ), Nishi Shah argues that the best explanation of a feature of deliberation whether to believe that p which he calls transparency entails that only evidence can be reason to believe that p. I show that his argument fails because a crucial lemma that his argument appeals to cannot be supported without assuming evidentialism to be true in the first place.

I argue against Reasons Internalism, the view that possession of a normative reason for the performance of an action entails that one can be motivated to perform that action, and Motivational Existence Internalism, the view that if one is obligated to perform an action, then one can be motivated to perform that action. My thesis is that these positions cannot accommodate the fact that reasonable moral agents are frequently motivated to act only because they believe theircontemplated actions to be morally (...) obligatory. The failure to accommodate this fact is reason to reject these two types of internalism about reasons. (shrink)

New scientific advances have created previously unheard of possibilities for enhancing combatants' performance. Future war fighters may be smarter, stronger, and braver than ever before. If these technologies are safe, is there any reason to reject their use? In this article, I argue that the use of enhancements is constrained by the importance of maintaining the moral responsibility of military personnel. This is crucial for two reasons: the military's ethical commitments require military personnel to be morally responsible agents, and moral (...) responsibility is necessary for integrity and the moral emotions of guilt and remorse, both of which are important for moral growth and psychological well-being. Enhancements that undermined combatants' moral responsibility would therefore undermine the military's moral standing and would harm combatants' well-being. A genuine commitment to maintaining the military's ethical standards and the well-being of combatants therefore requires a careful analysis of performance-enhancing technologies before they are implemented. (shrink)

I explore how agent-regret and its object—faultlessly harming someone—can call for various responses. I look at two sorts of responses. Firstly, I explore responses that respect the agent’s role as an agent. This revolves around a feature of “it was just an accident”—a common response to agent-regret—that has largely gone ignored in the literature: that it can downplay one’s role as an agent. I argue that we need to take seriously the fact that those who have caused harms are genuine (...) agents, to ignore this fails to allow these agents to move on. Secondly, following Sussman and MacKenzie, I explore responses that benefit the victim. I argue that we should strive to understand how to configure these responses in a way that does not blame the agent. To do this I look at the role of actions in our self-understanding, as people who have done particular things. I end by briefly considering the ways in which tort law and restorative justice might help us to understand how to appropriately respond to accidentally harming someone. I urge that we need to take this as a starting point to find a better way to respond to the agents of faultless harms. (shrink)

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)

Though the art of compromise, i.e. of settling differences by mutual concessions, is part of communal living on any level, we often think that there is something wrong in compromise, especially in cases where moral convictions are involved. A first reason for distrusting compromises on moral matters refers to the idea of integrity, understood in the basic sense of 'standing for something', especially standing for the values and causes that to some extent confer identity. The second reason points out the (...) objective nature of moral values, which seems to make them immune from negotiation and barter. If one sincerely holds some moral conviction to be true, than compromising on that belief must be a sign of serious confusion. In order to reach a better understanding of these two reasons, I analyse what is involved in personal integrity and how this relates to moral integrity. I argue that the search for moral integrity naturally brings us to the question of how one could accept moral compromises and still uphold the idea that moral values and principles have an objective authority over us. To address this question I will present a version of moral pluralism which tries to capture the enormous complexity of what should matter to us as moral persons, and which explains why value-rankings are often deeply indeterminate. The general position I defend in this paper is that compromises involving moral values and norms may be morally required and, therefore, be laudable. To sustain this position I will arrive at a view of ethical objectivity that allows the possibility to negotiate about the truth of moral beliefs. (shrink)

One of the most pressing challenges facing virtue theorists is the conflation problem. This problem concerns the difficulty of explaining the distinction between different types of virtue, such as the distinction between moral virtues and intellectual virtues. Julia Driver has argued that only an outcomes-based understanding of virtue can provide an adequate solution to the conflation problem. In this paper, I argue against Driver’s outcomes-based account, and propose an alternative motivations-based solution. According to this proposal, intellectual virtues can be identified (...) by the shared motivation for cognitive contact with reality, while moral virtues are identified by appeal to the characteristic motivations of kindness and justice. I defend the proposal by demonstrating that it produces plausible verdicts concerning the virtue status of candidate moral and intellectual virtues. (shrink)

Should those who get dirty hands be punished? There is strong disagreement among even those who support the existence of such scenarios. The problem arises because the paradoxical nature of dirty hands - doing wrong to do right - renders the standard normative justifications for punishment unfit for purpose. The Consequentialist, Retributivist and Communicative approaches cannot accommodate the idea that an action can be right, all things considered, but nevertheless also a categorical wrong. This paper argues that punishment is indeed (...) appropriate for those who dirty their hands and that there are three normative justifications that can be used to support this claim. These are the justifications from ‘Catharsis’, ‘Recognition of Evil Suffered’ and ‘Causal Responsibility’. Together they provide the sui generis justifications for punishing dirty hands. (shrink)

This paper outlines and defends a notion of ‘tragic-remorse’. This moral emotion properly accompanies those actions that involve unavoidable moral wrongdoing in general and dirty hands scenarios in particular. Tragic-remorse differs both phenomenologically and conceptually from regret, agent-regret and remorse. By recognising the existence of tragic-remorse, we are better able to account for our complex moral reality which at times makes it necessary for good persons to act in ways that although justified leave the agent with a moral stain and (...) a particular emotional response. (shrink)

Moral luck, until recently, has been understood either explicitly or implicitly through using a lack of control account of luck. For example, a case of resultant moral luck is a case where an agent is morally blameworthy or more morally blameworthy or praiseworthy for an outcome despite that outcome being significantly beyond that agent's control . Due to a shift in understanding the concept of luck itself in terms of modal robustness, however, other accounts of moral luck have surfaced. Both (...) Duncan Pritchard and Julia Driver have offered an alternative way of understanding moral luck by employing versions of a modal account of luck. This essay considers some problems with these accounts and attempts to resolve them. (shrink)

Commentators have contested the role of resulting harm in criminal law since the time of Plato. Unfortunately, they have neglected what may be not only the best discussion of the issue, but also the first - namely, Plato's one-paragraph discussion in the "Laws." Plato's discussion succeeds in reconciling two, seemingly irreconcilable viewpoints that till now have been in stalemate. Thus, Plato reconciles the view, that an offender's desert is solely a function of his subjective willingness to act in disregard of (...) the legitimate interests of others, with the view that criminal sentences can appropriately be made to depend upon how indignant, angry, and upset society is at an offender based upon the results of his culpable conduct. In doing so, Plato casts light on retributive theories of punishment by suggesting that an adjudicator can be committed to retribution and yet rightly believe that it is inappropriate to give an offender the full punishment he deserves. He also lays a basis for the view that causation, rather being predicates for the just punishment of offenders toward whom the public is intuitively angry for harm, is the consequence of the public's being intuitively angry at offenders for harm. (shrink)

According to normative judgment internalism (NJI), normative judgments -- that is, judgments of the form 'I ought to F' and the like -- are "essentially practical", in the sense that they are in some way essentially connected to practical reasoning, or to motivation for action. Many metaethicists believe that if NJI is true, then it would cast grave doubts on any robustly realist (RR) conception of normative judgments. These metaethicists are mistaken. This mistake about the relations between NJI and RR (...) seems to be due to hasty and undefended assumptions about the nature of belief. Any philosophical conception of belief that has the resources to deal with Frege's Puzzle (how to explain the apparent failures of referential transparency in belief ascriptions) will also have the resources to reconcile NJI and RR with respect to normative judgments. (shrink)

Moving beyond the retributive system requires clearing away some of the basic assumptions that form the foundation of that system: most importantly, the assumption of moral responsibility, which is held in place by deep and destructive belief in a just world. Efforts to justify moral responsibility typically appeal to some version of self-making, and that appeal is only plausible through limits on inquiry. Eliminating moral responsibility removes a major impediment to deeper inquiry and understanding of the biological, social, and environmental (...) causes of both vicious and virtuous behavior. The resources for moving beyond the moral responsibility are already being developed in social democratic corporatist cultures as well as in workplace management models that nurture commitment and reject blame and shame. Without moral responsibility we must face the unpleasant fact that although punishment is sometimes unavoidable it is always unjust. That unpleasant fact motivates difficult but beneficial changes that minimize both the extent and the severity of punitive measures. (shrink)

You may not know me well enough to evaluate me in terms of my moral character, but I take it you believe I can be evaluated: it sounds strange to say that I am indeterminate, neither good nor bad nor intermediate. Yet I argue that the claim that most people are indeterminate is the conclusion of a sound argument—the indeterminacy paradox—with two premises: (1) most people are fragmented (they would behave deplorably in many and admirably in many other situations); (2) (...) fragmentation entails indeterminacy. I support (1) by examining psychological experiments in which most participants behave deplorably (e.g., by maltreating “prisoners” in a simulated prison) or admirably (e.g., by intervening in a simulated theft). I support (2) by arguing that, according to certain plausible conceptions, character evaluations presuppose behavioral consistency (lack of fragmentation). Possible reactions to the paradox include: (a) denying that the experiments are relevant to character; (b) upholding conceptions according to which character evaluations do not presuppose consistency; (c) granting that most people are indeterminate and explaining why it appears otherwise. I defend (c) against (a) and (b). (shrink)

Este trabajo busca reconstruir la estructura del constitutivismo para facilitar su difusión en lengua española. Para lograrlo, parte de un análisis de la formulación del objetivo general de la estrategia constitutivista, para luego rastrear sus orígenes históricos en los problemas de las fuentes de la normatividad, el constructivismo y la normatividad de las razones, posteriormente se explica el movimiento simple constitutivista y se cierra el artículo presentando las tres tesis principales que sostiene toda estrategia constitutivista.

Some contemporary Just War theorists, like Jeff McMahan, have recently built upon an individual right of self-defense to articulate moral rules of war that are at odds with commonly accepted views. For instance, they argue that in principle combatants who fight on the unjust side ought to be liable to punishment on that basis alone. Also, they reject the conclusion that combatants fighting on both sides are morally equal. In this paper, I argue that these theorists overextend their self-defense analysis (...) when it comes to the punishment of unjust combatants, and I show how in an important sense just and unjust combatants are morally equal. I contend that the individualistic and quid pro quo perspective of the self-defense analysis fails to consider properly how the international community, morally speaking, ought to treat combatants, and I set forth four elements of justice applicable to war, which, together, support the conclusion that in principle the international community should not take on the activity of punishing combatants solely for fighting on the unjust side. (shrink)

I hope to demonstrate the value of a close reading Williams’s ‘Internal and External Reasons’, and to provide a theory of error regarding the substantial body of work which seeks to, in various ways, defang the essay. I do this by providing some historical context for the paper, and sketching where, historically, internalism and certain sorts of moral realism became separated. It will likely not surprise the reader when I suggest that the modern scientific worldview has an important place in (...) the discussion of the notion of external reasons. As mind, motivation, and perception have become less opaque to us, certain avenues for explaining our reasons have come closer to relying on hypotheses which may turn out to be falsifiable, and have thus been abandoned. What may come as more of a surprise is my suggestion that modern egalitarianism is an important factor as well. I suggest that impersonal reason has been used as an (implausible, but perhaps well-intentioned) alternative to the practice of some inflicting their reasons on others. (shrink)