The normative force of evidence can seem puzzling. It seems that having conclusive evidence for a proposition does not, by itself, make it true that one ought to believe the proposition. But spelling out the condition that evidence must meet in order to provide us with genuine normative reasons for belief seems to lead us into a dilemma: the condition either fails to explain the normative significance of epistemic reasons or it renders the content of epistemic norms practical. The first (...) aim of this paper is to spell out this challenge for the normativity of evidence. I argue that the challenge rests on a plausible assumption about the conceptual connection between normative reasons and blameworthiness. The second aim of the paper is to show how we can meet the challenge by spelling out a concept of epistemic blameworthiness. Drawing on recent accounts of doxastic responsibility and epistemic blame, I suggest that the normativity of evidence is revealed in our practice of suspending epistemic trust in response to impaired epistemic relationships. Recognizing suspension of trust as a form of epistemic blame allows us to make sense of a purely epistemic kind of normativity the existence of which has recently been called into doubt by certain versions of pragmatism and instrumentalism. (shrink)

This paper provides a critical overview of recent work on epistemic blame. The paper identifies key features of the concept of epistemic blame and discusses two ways of motivating the importance of this concept. Four different approaches to the nature of epistemic blame are examined. Central issues surrounding the ethics and value of epistemic blame are identified and briefly explored. In addition to providing an overview of the state of the art of this growing but controversial (...) field, the paper highlights areas where future work is needed. (shrink)

In this entry we provide a critical review of recent work on the nature and ethics of blame, including issues of moral standing.

What is that makes an act subject to either praise or blame? The question has often been taken to depend entirely on the free will debate for an answer, since it is widely agreed that an agent’s act is subject to praise or blame only if it was freely willed, but moral theory, action theory, and moral psychology are at least equally relevant to it. In the last quarter-century, following the lead of Harry Frankfurt’s (1971) seminal article “Freedom (...) of the Will and the Concept of a Person,” the interdisciplinary nature of the question has been emphasized by various authors. Going beyond the boundaries of the traditional free will debate, they have attempted to describe the requirements for agent accountability by appeal to theories of personality, rational agency, and ethical choice. The approach has been a breath of fresh air in the often-stagnant free will debate, bringing new considerations to bear and provoking new lines of argument, and it is an approach that we will adopt in this paper. In the following pages, we hope to show that an under-noticed phenomenon of moral psychology, inverse akrasia, exemplified by Huckleberry Finn, has something to contribute to the understanding of agency and accountability. After presenting the phenomenon in section I, we will move in section II to a quick survey of a family of Frankfurt-inspired views and a critique of them based on the phenomenon in sections III and IV. A new theory will be offered in section V, and potential objections addressed in the final section of the paper. (shrink)

This paper argues that hypocritical blame renders blame inappropriate. Someone should not express her blame if she is guilty of the same thing for which she is blaming others, in the absence of an admission of fault. In failing to blame herself for the same violations of norms she condemns in another, the hypocrite evinces important moral faults, which undermine her right to blame. The hypocrite refuses or culpably fails to admit her own mistakes, while (...) at the same time demands that others admit theirs. The paper argues that this lack of reciprocity—expecting others to take morality seriously by apologizing for their faults, without one doing the same in return—is what makes hypocritical blame unfair. (shrink)

When a wrongdoing occurs, victims, barring special circumstance, can aptly forgive their wrongdoers, receive apologies, and be paid reparations. It is also uncontroversial, in the usual circumstances, that wronged parties can aptly blame their wrongdoer. But controversy arises when we consider blame from third-parties after the victim has forgiven. At times it seems that wronged parties can make blame inapt through forgiveness. If third parties blame anyway, it often appears the victim is justified in protesting. “But (...) I forgave him!” In other cases, however, forgiveness seems irrelevant: B can forgive A, but it can still seem that third parties can aptly blame A for the wrong against B. This perplexity adds a dimension to ongoing discussion regarding criteria for apt blame and the related issues of standing and fittingness. This paper explores the status of third party blame after forgiveness. I argue that while post forgiveness blame is often inapt, in many other cases forgiveness is irrelevant. This difference is explained by appeal to the various relationships third parties might have to wronged parties, and how these differences affect the ways we blame and thereby blame’s aptness. (shrink)

Central cases of moral blame suggest that blame presupposes that its target deserves to feel guilty, and that if one is blameworthy to some degree, one deserves to feel guilt to a corresponding degree. This, some think, is what explains why being blameworthy for something presupposes having had a strong kind of control over it: only given such control is the suffering involved in feeling guilt deserved. This chapter argues that all this is wrong. As evidenced by a (...) wider range of cases, blame doesn’t presuppose that the target deserves to feel guilt and doesn’t necessarily aim at the target’s suffering in recognition of what they have done. On the constructive side, the chapter offers an explanation of why, in many cases of moral blameworthiness, the agent nevertheless does deserve to feel guilt. The explanation leans on a general account of moral and non-moral blame and blameworthiness and a version of the popular idea that moral blame targets agents’ objectionable quality of will. Given the latter idea, the morally blameworthy have harmed the standing of some person or value, giving rise to obligations to give correspondingly less relative weight to their own standing, and so, sometimes, to their own suffering. (shrink)

Blaming (construed broadly to include both blaming-attitudes and blaming-actions) is a puzzling phenomenon. Even when we grant that someone is blameworthy, we can still sensibly wonder whether we ought to blame him. We sometimes choose to forgive and show mercy, even when it is not asked for. We are naturally led to wonder why we shouldn’t always do this. Wouldn’t it be a better to wholly reject the punitive practices of blame, especially in light of their often undesirable (...) effects, and embrace an ethic of unrelenting forgiveness and mercy? In this paper I seek to address these questions by offering an account of blame that provides a rationale for thinking that to wholly forswear blaming blameworthy agents would be deeply mistaken. This is because, as I will argue, blaming is a way of valuing, it is “a mode of valuation.” I will argue that among the minimal standards of respect generated by valuable objects, notably persons, is the requirement to redress disvalue with blame. It is not just that blame is something additional we are required to do in properly valuing, but rather blame is part of what that it is to properly value. Blaming, given the existence of blameworthy agents, is mode of valuation required by the standards of minimal respect. To forswear blame would be to fail value what we ought to value. (shrink)

The New Evil Demon Problem presents a serious challenge to externalist theories of epistemic justification. In recent years, externalists have developed a number of strategies for responding to the problem. A popular line of response involves distinguishing between a belief’s being epistemically justified and a subject’s being epistemically blameless for holding it. The apparently problematic intuitions the New Evil Demon Problem elicits, proponents of this response claim, track the fact that the deceived subject is epistemically blameless for believing as she (...) does, not that she is justified for so believing. This general strategy—which I call the “unjustified-but-blameless maneuver”—is motivated, in part, by the assumption that the distinction between epistemic justification and blamelessness is merely an extension of the familiar distinction between moral justification and blamelessness. In this paper, I consider three ways of drawing the distinction between justification and blamelessness familiar from the moral domain: the first in terms of a connection with reactive attitudes, the second in terms of the distinction between wrongness and wronging, and the third in terms of reasons-responsiveness. All three ways of drawing the distinction, I argue, make it difficult to see how an analogous distinction in the epistemic domain could help externalists explain away the intuitions which underwrite the New Evil Demon Problem. Motivating the unjustified-but-blameless maneuver, I conclude, is a much less straightforward task than its proponents tend to assume. (shrink)

Many important theorists – e.g., Gary Watson and Stephen Darwall – characterize blame as a communicative entity and argue that this entails that morally responsible agency requires not just rational but moral competence. In this paper, I defend this argument from communication against three objections found in the literature. The first two reject the argument’s characterization of the reactive attitudes. The third urges that the argument is committed to a false claim.

1. We sometimes angrily confront, pointedly ostracize, castigate, or denounce those whom we think have committed moral offences. Conduct of this kind may be called blaming behaviour. When genuine,...

This book shows why we can justify blaming people for their wrong actions even if free will turns out not to exist. Contrary to most contemporary thinking, we do this by focusing on the ordinary, everyday wrongs each of us commits, not on the extra-ordinary, “morally monstrous-like” crimes and weak-willed actions of some.

Recently, psychologists have explored moral concepts including obligation, blame, and ability. While little empirical work has studied the relationships among these concepts, philosophers have widely assumed such a relationship in the principle that “ought” implies “can,” which states that if someone ought to do something, then they must be able to do it. The cognitive underpinnings of these concepts are tested in the three experiments reported here. In Experiment 1, most participants judge that an agent ought to keep a (...) promise that he is unable to keep, but only when he is to blame for the inability. Experiment 2 shows that such “ought” judgments correlate with judgments of blame, rather than with judgments of the agent’s ability. Experiment 3 replicates these findings for moral “ought” judgments and finds that they do not hold for nonmoral “ought” judgments, such as what someone ought to do to fulfill their desires. These results together show that folk moral judgments do not conform to a widely assumed philosophical principle that “ought” implies “can.” Instead, judgments of blame play a modulatory role in some judgments of obligation. (shrink)

When someone blames you, you might accept the blame or you might reject it, challenging the blamer’s interpretation of the facts or providing a justification or excuse. Either way, there are opportunities for edifying moral discussion and moral repair. But another common, and less constructive, response is to simply dismiss the blame, refusing to engage with the blamer. Even if you agree that you are blameworthy, you may refuse to engage with the blame—and, specifically, with blame (...) coming from this particular person. This is a common response if the blamer is being hypocritical or meddlesome in blaming the wrongdoer. This paper aims to make sense of this kind of response: What are we doing when we dismiss blame? A common thought is that we dismiss demands issued by blame, but we still must identify the content of the relevant demands. My proposal is that when we dismiss blame, we dismiss a demand to respond to the blame with a second-personal expression of remorse to the blamer. (shrink)

Moral philosophers, legal theorists, and psychologists who study moral judgment are remarkably agreed in prescribing how to blame people. A blameworthy act occurs when an actor intentionally, negligently or recklessly causes foreseen, or foreseeable, harmful consequences without any compelling mitigating or extenuating circumstances. This simple formulation conveniently forestalls intricacies about how to construe concepts such as will, causation, foresight, and mitigation, but putting that aside for the moment, it seems fair to say that blame “professionals” share compatible conceptions (...) of how to make fair and rational blame ascriptions. Blame “amateurs,” on the other hand, sometimes stretch these rational prescriptions for blame beyond the breaking point. Numerous psychological studies on blame and responsibility, as well as the perplexing outcomes of high-profile criminal and civil trials, demonstrate that everyday blamers are capable of violating virtually every rational prescription that moral philosophers, legal scholars, and rational decision theorists hold dear. (shrink)

In our day-to-day lives, we form responsibility judgements about one another – but we are imperfect beings, and our judgments can be mistaken. This paper suggests that we get things wrong not merely by chance, but predictably and systematically. In particular, these miscues are common when we are dealing with large gaps in social status and power. That is, when we form judgements about those who are much more or less socially powerful than ourselves, it is increasingly likely that “epistemic (...) distorters” will reliably disrupt our reasoning. In response to this situation, I argue for the introduction of a new norm concerning blame and social status: “Powerful Restraint.” This norm suggests that the socially powerful ought to blame the socially dispossessed less frequently, and that social pressure be applied to achieve that compliance. I argue that such a norm is justified given the pernicious down-stream moral effects of the up-stream epistemic distortion I describe. I defend it against objections that it suggests a normative solution to an epistemic problem, that it is paternalistic, and that it involves a kind of disrespect to the less socially powerful. (shrink)

We blame faulty brakes for a car crash, or rain for our bad mood. This “merely causal” blame is usually seen as uninteresting. I argue that it is crucial for understanding the interpersonal blame with which we target ourselves and each other. The two are often difficult to distinguish, in a way that plagues philosophical discussions of blame. And interpersonal blame is distinctive, I argue, partly in its causal focus: its attention to a person as (...) cause. I argue that this causal focus helps explain several central characteristics of interpersonal blame: its tendency to exaggerate a person’s causal role, its weakening through attention to personal history or thoughts about determinism, its characteristic ‘force’ or ‘sting’, and our sense that blame is often harmful or unfair. I conclude by drawing out one implication of blame's causal focus: in a certain range of cases, blame is partly under our voluntary control. (shrink)

Why do we find agents less blameworthy when they face mitigating circumstances, and what does this show about philosophical theories of moral responsibility? We present novel evidence that the tendency to mitigate the blameworthiness of agents is driven both by the perception that they are less normatively competent—in particular, less able to know that what they are doing is wrong—and by the perception that their behavior is less attributable to their deep selves. Consequently, we argue that philosophers cannot rely on (...) the case strategy to support the Normative Competence theory of moral responsibility over the Deep Self theory. However, we also outline ways in which further empirical and philosophical work would shift the debate, by showing that there is a significant departure between ordinary concepts and corresponding philosophical concepts, or by focusing on a different type of coherence with ordinary judgments. (shrink)

Recent research shows – somewhat astonishingly – that people are willing to ascribe moral blame to AI-driven systems when they cause harm [1]–[4]. In this paper, we explore the moral- psychological underpinnings of these findings. Our hypothesis was that the reason why people ascribe moral blame to AI systems is that they consider them capable of entertaining inculpating mental states (what is called mens rea in the law). To explore this hypothesis, we created a scenario in which an (...) AI system runs a risk of poisoning people by using a novel type of fertilizer. Manipulating the computational (or quasi-cognitive) abilities of the AI system in a between-subjects design, we tested whether people’s willingness to ascribe knowledge of a substantial risk of harm (i.e., recklessness) and blame to the AI system. Furthermore, we investigated whether the ascription of recklessness and blame to the AI system would influence the perceived blameworthiness of the system’s user (or owner). In an experiment with 347 participants, we found (i) that people are willing to ascribe blame to AI systems in contexts of recklessness, (ii) that blame ascriptions depend strongly on the willingness to attribute recklessness and (iii) that the latter, in turn, depends on the perceived “cognitive” capacities of the system. Furthermore, our results suggest (iv) that the higher the computational sophistication of the AI system, the more blame is shifted from the human user to the AI system. (shrink)

According to the thesis of doxastic wronging, our beliefs can non-derivatively wrong others. A recent criticism of this view claims that proponents of the doxastic wronging thesis have no principled grounds for denying that credences can likewise non-derivatively wrong, so they must countenance pervasive conflicts between morality and epistemic rationality. This paper defends the thesis of doxastic wronging from this objection by arguing that belief bears distinctive relationships to inquiry and blame that can explain why beliefs, but not credences, (...) can non-derivatively wrong. First, forming a belief (but not updating one’s credence) closes inquiry, and suspending judgment (but not updating one’s credence) opens inquiry. Consequently, beliefs can distinctively wrong others by prematurely closing inquiry or inappropriately opening inquiry. Second, beliefs (but not credences) can constitute blame. Unfittingly blaming someone can wrong them, and hence beliefs which constitute unfitting blame can distinctively wrong. In addition to defending the claim that only beliefs can non-derivatively wrong, this paper gestures towards an ethics of belief which attends to the relationship between belief and attitudes such as inquiry, faith, trust, and blame. (shrink)

Blame skeptics argue that we have strong reason to revise our blame practices because humans do not fulfill all the conditions for it being appropriate to blame them. This paper presents a new challenge for this view. Many have objected that blame plays valuable roles such that we have strong reason to hold on to our blame practices. Skeptics typically reply that non-blaming responses to objectionable conduct, like forms of disappointment, can serve the positive functions (...) of blame. The new challenge is that skeptics need to show that it can be appropriate (or less inappropriate) to respond with this kind of disappointment to people’s conduct if it is inappropriate to respond with blame. The paper argues that current blame-skeptical views fail to meet this challenge. (shrink)

In the last two decades, blame has become a core topic in ethics, philosophical moral psychology and, more recently, epistemology. This chapter aims at clarifying the complex state of the debate and at making a suggestion for how we should proceed from here. The core idea is that accounts of blame are often motivated by very different background goals. One standard goal is to provide a unifying account of our everyday blame practices. The chapter argues that there (...) is reason to think that this goal is not achievable. Another goal is to provide the tools for solving or clarifying important social or philosophical problems. The chapter suggests that this is what theories of blame should focus on. (shrink)

Benjamin Bagley ('Properly Proleptic Blame', Ethics 127, July 2017) sets out a dilemma for addressed blame, that is, blame addressed to its targets as an implicit demand for recognition. The dilemma arises when we ask whether offenders would actually appreciate this demand, via a sound deliberative route from their existing motivations. If they would, their offense reflects a deliberative mistake. If they wouldn't, addressing them is futile, and blame's emotional engagement seems unwarranted. Bagley wants to resolve (...) the dilemma in such a way that addressed blame's distinctive elements of hostility and emotional engagement can be accounted for. I argue that Bagley's focus on the proleptic character of addressed blame helps to avoid the dilemma, but that Bagley has difficulties accounting for the element of hostility in addressed blame. I suggest that an alternative account of addressed blame makes better sense of Bagley's paradigm example, avoids Bagley's dilemma in the way Bagley's original solution does, because it preserves addressed blame's proleptic character, and can account for addressed blame's elements of emotional engagement and hostility. (shrink)

In recent years, philosophers have developed a novel conception of blame as a kind of moral protest. This Protest View of Blame faces doubts about its intelligibility: can we make sense of inner ‘protest’ in cases of unexpressed blame? It also faces doubts about its descriptive adequacy: does ‘protest’ capture what is distinctive in reactions of blame? I argue that the Protest View can successfully answer the first kind of doubt, but not the second. Cases of (...) contemptful blame and unexpressed blame offer initial counterexamples to the view. The Protest View can accommodate these examples by appealing to a broader notion of protest, but, I argue, at the cost of retreating to a broader category that no longer captures what is distinctive about blame. Moreover, nonviolent resistance, in the tradition of Gandhi and Dr. King, characteristically protests without blame, presenting another powerful challenge to the Protest View. These challenges, I argue, undermine the view, while helping to illuminate and defend the appeal of nonviolent resistance. They also offer an alternative conception of the relation between protest and blame, characteristic of nonviolent resistance and obscured by the Protest View. On that alternative, the relation is not descriptive but practical; rather than understanding blame as a kind of protest, we should aim, in many cases, to replace blame with protest. (shrink)

What is it to blame someone, and when are would-be blamers in a position to do so? What function does blame serve in our lives, and is it a valuable way of relating to one another? The essays in this volume explore answers to these and related questions.

How does character information inform judgments of blame? Some argue that character information is indirectly relevant to blame because it enriches judgments about the mental states of a wrongdoer. Others argue that character information is directly relevant to blame, even when character traits are causally irrelevant to the wrongdoing. We propose an empirical synthesis of these views: a Two Channel Model of blame. The model predicts that character information directly affects blame when this information is (...) relevant to the wrongdoing that elicits blame. Further, the effect of character information on blame depends on judgments about the true self that are independent of judgments of intentionality. Across three pre-registered studies (N = 662), we found support for all three predictions of the Two Channel Model. We propose that this reflects two distinct functions of blame: a social regulatory function that encourages norm compliance and a pedagogical function that encourages personal improvement. (shrink)

This is the first chapter to our edited collection of essays on the nature and ethics of blame. In this chapter we introduce the reader to contemporary discussions about blame and its relationship to other issues (e.g. free will and moral responsibility), and we situate the essays in this volume with respect to those discussions.

Quality of will accounts of moral responsibility hold that ill will is necessary for blameworthiness. But all such accounts are false to ordinary moral practice, which licenses blame for agents who act wrongly from epistemically unreasonable ignorance even if the act is not ill willed. This should be especially concerning to Strawsonians about moral responsibility, who think the genuine conditions of blameworthiness are derived from the standards internal to our practice. In response, I provide a theory of moral blameworthiness (...) on which ill will is not necessary for blameworthiness. On the view I defend, “Rational Capacitarianism,” agents are blameworthy whenever they act wrongly from an unreasonable attitude which is attributable to them, where an attitude is attributable to an agent just in case she has the capacity to assess reasons for and against the attitude and modulate the attitude in light of these assessments. Acting from unreasonable ignorance is just a special case of acting from an unreasonable attitude. My theory contrasts both with both quality of will accounts of blameworthiness and the Capacitarian view, which specifies that agents who act wrongly from ignorance are culpable if they could and should have known better. On Capacitarianism, a variety of awareness-relevant capacities are pertinent, including memory; on my view it is only failures of rational capacities that render the agent culpable, because only failures of rational capacities are attributable to the agent. (shrink)

Philosophers writing on moral responsibility inherit from P.F. Strawson a particular problem space. On one side, it is shaped by consequentialist accounts of moral criticism on which blame is justified, if at all, by its efficacy in influencing future behavior in socially desirable ways. It is by now a common criticism of such views that they suffer a "wrong kind of reason" problem. When blame is warranted in the proper way, it is natural to suppose this is because (...) the target deserves blame – thus opposing to consequentialist views of blame desert-based views. The latter, however, raise worries that blame is a form of retributive sanction whose justificatory burdens cannot be met. I evaluate T.M. Scanlon's recent attempt to maneuver this space. In doing so, I argue that although Scanlon’s relationship-impairment model of blame has clear advantages over consequentialist and desert-based alternatives, it fails: (1) to adequately appreciate the significance of person-focused emotional attitudes in constituting persons as agents subject to a nexus of normative expectations and demands, and (2) to recognize that a victim may owe nearly nothing *to* a blameworthy agent while nonetheless retaining unconditional moral obligations to act in certain ways (and forego acting in other ways) toward him. (shrink)

Self-blame is an integral part of our lives. We often blame ourselves for our failings and experience familiar unpleasant emotions such as guilt, shame, regret, or remorse. Self-blame is also what we often aim for when we blame others: we want the people we blame to recognize their wrongdoing and blame themselves for it. Moreover, self-blame is typically considered a necessary condition for forgiveness. However, until now, self-blame has not been an integral (...) part of the theoretical debate on moral responsibility. This volume presents twelve new essays by leading moral philosophers, who set out bold new theories of the nature and ethics of self-blame, and the interconnection between self-blame and moral responsibility. The essays cast new light on traditional problems in the debate on moral responsibility and open new, exciting avenues for research in moral philosophy, moral psychology and the philosophy of punishment. (shrink)

Abstract: Many philosophers believe that people who are not capable of grasping the significance of moral considerations are not open to moral blame when they fail to respond appropriately to these considerations. I contend, however, that some morally blind, or 'psychopathic,' agents are proper targets for moral blame, at least on some occasions. I argue that moral blame is a response to the normative commitments and attitudes of a wrongdoer and that the actions of morally blind agents (...) can express the relevant blame-grounding attitudes insofar as these agents possess the capacity to make judgments about non-moral reasons. (shrink)

In a fascinating recent article, Michael Otsuka seeks to bypass the debates about the Principle of Alternative Possibilities by presenting and defending a different, but related, principle, which he calls the “Principle of Avoidable Blame.” According to this principle, one is blameworthy for performing an act only if one could instead have behaved in an entirely blameless manner. Otsuka claims that although Frankfurt-cases do undermine the Principle of Alternative Possibilities, they do not undermine the Principle of Avoidable Blame. (...) In this brief paper, we offer a critical discussion of the core of Otsuka’s argument, especially the claim that his favored principle cannot be refuted by Frankfurt-cases. We do not believe that Otsuka has offered good reason to suppose that the Principle of Avoidable Blame—and the related incompatibilism—fares any better than the original Principle of Alternative Possibilities. (shrink)

The illusory appeal of double effect -- The significance of intent -- Means and ends -- Blame.

I respond to Tim Smartt’s (2023) skepticism about epistemic blame. Smartt’s skepticism is based on the claims that (i) mere negative epistemic evaluation can better explain everything proponents of epistemic blame say we need epistemic blame to explain; and (ii) no existing account of epistemic blame provides a plausible account of the putative force that any response deserving the label “blame” ought to have. He focuses primarily on the prominent “relationship-based” account of epistemic blame (...) to defend these claims, arguing that the account is explanatorily idle, and cannot distinguish between epistemically excused and epistemically blameworthy agents. I argue that Smartt mischaracterizes the account’s role for judgments of epistemic relationship impairment, leading to mistaken claims about the account’s predictions. I also argue that the very feature of the account that Smartt mischaracterizes is key to understanding what epistemic blame does for our epistemic responsibility practices that mere negative epistemic evaluation cannot. (shrink)

One influential tradition holds that blame is a moral attitude: blame is appropriate only when the target of blame has violated a moral norm without excuse or justification. Against this, some have recently argued that agents can be blameworthy for their violation of epistemic norms even when no moral norms are thereby violated. This paper defends the appropriateness of aesthetic blame: agents can be blameworthy for their violation of aesthetic norms as such, where aesthetic norms are (...) the norms of social practices that aim at aesthetic values. I adapt a generic account of blame as protest, which can take variable forms, and then argue that aesthetic distortion cases—cases in which an existing artwork is distorted in its presentation—most clearly warrant blame even in the absence of violations of moral norms. (shrink)

I begin by discussing the ways in which a would-be blamer's own prior conduct towards the person he seeks to blame can undermine his standing to blame her. This provides the basis for an examination of a particular kind of 'bar to trial' in the criminal law – of ways in which a state or a polity's right to put a defendant on trial can be undermined by the prior misconduct of the state or its officials. The examination (...) of this often neglected legal phenomenon illuminates some central features of the criminal law and the criminal process, and some of the preconditions for the legitimacy of the criminal law in a liberal republic. (shrink)

Blame is fascinating yet elusive, and it is both of these things because it is so complex. It seems to have a cognitive aspect (the belief that someone has done wrong, perhaps), but it also seems to have an emotional aspect (resentment at being disrespected, perhaps). And then of course there is the outside-of-the-head aspect of blame, which manifests itself in rebukes and reprimands, accusations and distrust, cold shoulders and estrangement. Still, accounts of blame that identify it (...) with beliefs or emotions seem inadequate. In this paper I draw on the work of Harry Frankfurt to suggest an alternative account, according to which blame most centrally involves changes in the structure of the will. (shrink)

This paper explores a problem for Michael McKenna’s conversation model of moral responsibility that views blame as characteristically part of a conversational exchange. The problem for this model on which this paper focuses is the problem of private blame. Sometimes when we blame we do so without any intention to engage in a communicative exchange. It is argued that McKenna’s model cannot adequately account for private blame.

Healthcare systems need to consider not only how to prevent error, but how to respond to errors when they occur. In the United Kingdom’s National Health Service, one strand of this latter response is the ‘No Blame Culture’, which draws attention from individuals and towards systems in the process of understanding an error. Defences of the No Blame Culture typically fail to distinguish between blaming someone and holding them responsible. This article argues for a ‘responsibility culture’, where healthcare (...) professionals are held responsible in cases of foreseeable and avoidable errors. We demonstrate how healthcare professionals can justifiably be held responsible for their errors even though they work in challenging circumstances. We then review the idea of ‘responsibility without blame’, applying this to cases of error in healthcare. Sensitive to the undesirable effects of blaming healthcare professionals and to the moral significance of holding individuals accountable, we argue that a responsibility culture has significant advantages over a No Blame Culture due to its capacity to enhance patient safety and support medical professionals in learning from their mistakes, while also recognising and validating the legitimate sense of responsibility that many medical professionals feel following avoidable error, and motivating medical professionals to report errors. (shrink)

Blame is an unpopular and neglected notion: it goes against the grain of a therapeutically-oriented culture and has been far less discussed by philosophers than such related notions as responsibility and punishment. This book seeks to show that neither the opposition nor the neglect is justified. The book's most important conclusion is that blame is inseperable from morality itself - that any considerations that justify us in accepting a set of moral principles must also call for the condemnation (...) of those who violate the principles. Properly understood, blame and morality must stand or fall together. (shrink)

A plausible condition on having the standing to blame someone is that the target of blame's wrongdoing must in some sense be your “business”—the wrong must in some sense harm or affect you, or others close to you. This is known as the business condition on standing to blame. Many cases of epistemic blame discussed in the literature do not obviously involve examples of someone harming or affecting another. As such, not enough has been said about (...) how an individual's epistemic failing can really count as another person's business. In this paper, I deploy a relationship-based account of epistemic blame to clarify the conditions under which the business condition can be met in the epistemic domain. The basic idea is that one person's epistemic failing can be another's business in virtue of the way it impairs their epistemic relationship. (shrink)

‘Reasonable wrongdoers’ reasonably, but wrongly, take themselves to act permissibly. Many responsibility theorists assume that since we cannot reasonably expect these wrongdoers to behave differently, they are not blameworthy. These theorists impose a Reasonable Expectation Condition on blame. I argue that reasonable wrongdoers may be blameworthy. It is true that we often excuse reasonable wrongdoers, but sometimes this is because we do not regard their behavior as objectionable in a way that makes blame appropriate. As such, these cases (...) do not support the proposition that wrongdoers are excused just because they reasonably take themselves to act permissibly. For the relevant support, we should consider cases in which a reasonable wrongdoer’s behavior is unambiguously objectionable by our moral lights. But here again we fail to find decisive support for the Reasonable Expectation Condition since it is not obvious—independent of a prior commitment to this condition—that such wrongdoers are not blameworthy. After laying out the above argument, as well as offering a positive account of why reasonable wrongdoers are sometimes blameworthy, I turn to consider objections. The most important of these is that it is simply unfair to blame those who reasonably take themselves to behave unobjectionably and who cannot be expected to behave otherwise. (shrink)

This chapter argues that adequately facing and responding to medical error requires making space for blame. In vindicating blame as a response to medical error, this essay does not advocate a return to a “bad apple” blame culture in which unlucky practitioners are unfairly scapegoated. It does, however, defend the targeted feeling and expression of angry, and even resentful, blaming attitudes toward health-care providers who make at least certain kinds of mistakes. The chapter makes the case that (...) the angry and resentful feelings associated with blame reflect a conception of oneself as a person worthy of consideration, and that expressing these feelings allows victims and families to fight for their dignity and self-respect. Along the way, it distinguishes between shaming and blaming, explaining that blaming, unlike shaming, characteristically aims to draw offenders into a moral dialogue. As a result, a good blaming practice can provide a logic within which providers who make costly errors may seek forgiveness, reconciliation, and healing. (shrink)

I begin by discussing the ways in which a would‐be blamer's own prior conduct towards the person he seeks to blame can undermine his standing to blame her (to call her to account for her wrongdoing). This provides the basis for an examination of a particular kind of ‘bar to trial’ in the criminal law – of ways in which a state or a polity's right to put a defendant on trial can be undermined by the prior misconduct (...) of the state or its officials. The examination of this often neglected legal phenomenon illuminates some central features of the criminal law and the criminal process, and some of the preconditions for the legitimacy of the criminal law in a liberal republic. (shrink)

T.M. Scanlon has recently proposed what I term a ‘double attitude’ account of blame, wherein blame is the revision of one’s attitudes in light of another person’s conduct, conduct that we believe reveals that the individual lacks the normative attitudes we judge essential to our relationship with her. Scanlon proposes that this account justifies differences in blame that in turn reflect differences in outcome luck. Here I argue that although the double attitude account can justify blame’s (...) being sensitive to outcome luck, it cannot justify allocating blame differently when agents with the same attitudes differ only with respect to the luck-based outcomes of their actions. However, Scanlon’s own contractualist theory of morality can be invoked to show that the double attitude account is compatible with blame-based sanctions (e.g., compensation mandated when negligence or reckless result in harm) being sensitive to outcome luck. The resultant view of blame and luck remains desert-based while making sense of the common intuition that differences in outcome luck can matter to how lucky and unlucky individuals are justifiably treated. (shrink)

There are communities in which disadvantaged groups experience severe inequality. For instance, poor and indigent families face many difficulties accessing their social rights. Their condition is largely the consequence of the wrong choices of those in power, either historical or more recent choices. The lack of opportunities of these deprived citizens is due to state omissions. In such communities, it is not unusual for homeless members of these particular groups to occupy abandoned lands and build their shelters there. However, almost (...) everywhere, these actions constitute a crime. The typical response to this situation is prosecution and punishment. In this paper, I will defend the occupation of public places as a consequence of the failure of governments to solve the problem of housing, and I will argue that we must distinguish a social claim from a crime and avoid the use of criminal law in these “occupation cases”. I will also argue that our right—as a community—to blame and punish these “squatters” is eroded by the fact that we perpetrated their situation of injustice. (shrink)

Control accounts of moral responsibility argue that agents must possess certain capacities in order to be blameworthy for wrongdoing. This is sometimes thought to be revisionary, because reflection on our moral practices reveals that we often blame many agents who lack these capacities. This paper argues that Control accounts of moral responsibility are not too revisionary, nor too permissive, because they can still demand quite a lot from excused wrongdoers. Excused wrongdoers can acquire duties of reconciliation, which require that (...) they improve themselves, make reparations for the harm caused, and retract the meaning expressed in the original wrong. Failure to do these things expresses a lack of regard for the victims, and can make those wrongdoers appropriate targets of blame. (shrink)

Continuing prior work by the author, a simple classical system for personal obligation is integrated with a fairly rich system for aretaic (agent-evaluative) appraisal. I then explore various relationships between definable aretaic statuses such as praiseworthiness and blameworthiness and deontic statuses such as obligatoriness and impermissibility. I focus on partitions of the normative statuses generated ("normative positions" but without explicit representation of agency). In addition to being able to model and explore fundamental questions in ethical theory about the connection between (...) blame, praise, permissibility and obligation, this allows me to carefully represent schemes for supererogation and kin. These controversial concepts have provided challenges to both ethical theory and deontic logic, and are among deontic logic's test cases. (shrink)