I argue that culpable ignorance can be irreducibly collective. In some cases, it is not fair to expect any individual to have avoided her ignorance of some fact, but it is fair to expect the agents together to have avoided their ignorance of that fact. Hence, no agent is individually culpable for her ignorance, but they are culpable for their ignorance together. This provides us with good reason to think that any group (...) that is culpably ignorant in this irreducibly collective sense is non-distributively collectively responsible for subsequent unwitting acts and consequences. (shrink)

This paper explores types of organisational ignorance and ways in which organisational practices can affect the knowledge we have about the causes and effects of our actions. I will argue that because knowledge and information are not evenly distributed within an organisation, sometimes organisational design alone can create individual ignorance. I will also show that sometimes the act that creates conditions for culpable ignorance takes place at the collective level. This suggests that quality of will of (...) an agent is not necessary to explain culpable ignorance in an organisational setting. (shrink)

A point of contention in recent discussions of the epistemic condition of moral responsibility is whether culpable ignorance must trace to akratic belief mismanagement. Neil Levy has recently defended an akrasia requirement by arguing that only an akratic agent has the capacity rationally to comply with epistemic expectations the violation of which contributes to her ignorance. In this paper I show that Levy’s argument is unsound. It is possible to have the relevant rational capacity in the absence (...) of akrasia. I also argue that the internalist account of rationality that does much of the work in his argument is problematic. (shrink)

In this paper I argue that selective abortion for disability often involves inadequate counselling on the part of reproductive medicine professionals who advise prospective parents. I claim that prenatal disability clinicians often fail in intellectual duty—they are culpably ignorant about intellectual disability. First, I explain why a standard motivation for selective abortion is flawed. Second, I summarize recent research on parent experience with prenatal professionals. Third, I outline the notions of epistemic excellence and deficiency. Fourth, I defend culpable (...) class='Hi'>ignorance as the best explanation of inadequate disability counselling. Fifth, I rebut alternative explanations. My focus is pregnancies diagnosed with mild or moderate intellectual disability. (shrink)

In this paper, I respond to the following argument which several authors have presented. If we are culpable for some action, we act either from akrasia or from culpable ignorance. However, akrasia is highly exceptional and it turns out that tracing culpable ignorance leads to a vicious regress. Hence, we are hardly ever culpable for our actions. I argue that the argument fails. Cases of akrasia may not be that rare when it comes to (...) epistemic activities such as evidence gathering and working on our intellectual virtues and vices. Moreover, particular cases of akrasia may be rare, but they are not exceptional when we consider chains of actions. Finally and most importantly, we can be culpable for our actions even if we do not act from akrasia or from culpable ignorance, namely in virtue of our unactivated dispositional beliefs. (shrink)

Teza o "neskrivljenom neznanju" je instrument u okviru teorije pravednog rata koja sluzi da se moralno opravda ucesce u ratu za pripadnike one strane koja je porazena; uslovi za neskrivljenost su da su porazeni borci iskreno verovali da brane pravednu stvar i da su takodje iskreno verovali da imaju nekih izgleda da pobede. Bez ovog instrumenta teorija pravednog rata, jedna teorija koja opravdava rat preko pravednog uzroka rata, bi porazenoj strani narocito ako je slabija, morala da unapred pripise krivicu sto (...) je uopste usla u rat. Medjutim, u savremenoj situaciji rasirene kriminalizacije rata sam pojam rata se menja i postaje izuzetno neodredjen. Kako ratovi postaju sve vise i vise "asimetricni", pre svega u snazi sukobljenih strana, cini se da se teorija pravednog rata suocava sa teskocom da u svoje okvire uopste situira "neskrivljeno neznanje", ali to povlaci teskocu te teorije da pokaze da pravda ide sa pobedom, otvarajuci tako pitanje artikulacije pravednog mira. (shrink)

Recent writers on negligence and culpable ignorance have argued that there are two kinds of culpable ignorance: tracing cases, in which the agent’s ignorance traces back to some culpable act or omission of hers in the past that led to the current act, which therefore arguably inherits the culpability of that earlier failure; and non-tracing cases, in which there is no such earlier failure, so the agent’s current state of ignorance must be (...) class='Hi'>culpable in its own right. An unusual but intriguing justification for blaming agents in non-tracing cases is provided by Attributionism, which holds that we are as blameworthy for our non-voluntary emotional reactions, spontaneous attitudes, and the ensuing patterns of awareness as we are for our voluntary actions. The Attributionist explanation for why some non-tracing cases involve culpability is an appealing one, even though it has limited scope. After providing a deeper account of why we should take the Attributionist position seriously, I use recent psychological research to argue for a new account of the conditions under which agents are culpable for straightforward instances of blameworthy acts. That account is extended to blameworthiness for non-voluntary responses. I conclude that even when the agent’s failure to notice arises from a nonvoluntary objectionable attitude, very few such cases are ones in which Attributionism implies that the agent is blameworthy for her act. (shrink)

Ignorance usually excuses from responsibility, unless the person is culpable for the ignorance itself. Since a lot of wrongdoing occurs in ignorance, the question of what makes ignorance culpable is central for a theory of moral responsibility. In this article I examine a prominent answer, which I call the ‘volitionalist tracing account,’ and criticize it on the grounds that it relies on an overly restrictive conception of responsibility‐relevant control. I then propose an alternative, which (...) I call the ‘capacitarian conception of control,’ and on the basis of it I advance an account of culpable ignorance that avoids the skeptical upshots of the volitionalist proposal. If correct, my account establishes three important truths: agents can be directly in control of their ignorance, they can be directly responsible for more than actions and omissions, and their moral obligations extend beyond the performance of intentional actions and omissions. (shrink)

People are often responsible for what they do, but they also often possess an excuse. One of the most common excuses is ignorance. Not all ignorance constitutes an excuse, however, for some ignorance is culpable and culpable ignorance is no excuse. But what about group agents? In our everyday practices, we blame group agents constantly. But if groups can be blameworthy, they plausibly can also be excused. Surely one such excuse is ignorance. But, (...) as with individual agents, some group ignorance is also surely culpable. How should we understand the culpable ignorance of group agents? In this paper, I argue for two conditional claims that together constitute what I call the Group Justification Thesis, which is a group-agent adaptation of the Justification Thesis put forth by Biebel [(2018). ‘Epistemic Justification and the Ignorance Excuse.’ Philosophical Studies 175 (12): 3005–3028]: (i) A group agent is excused because of ignorance only if that ignorance is justified, and (ii) a group agent is culpable despite being ignorant only if that ignorance is not justified. One interesting upshot of this view is that a group agent can be culpably ignorant even though none of the members are culpable for their ignorance. (shrink)

Ignorance can excuse otherwise blameworthy action, but only if the ignorance itself is blameless. One way to avoid culpable ignorance is to pay attention when epistemic peers disagree. Expressed disagreements place an obligation on the agent to pay attention when an interlocutor disagrees, or risk culpable ignorance for which they might later be found blameworthy. Silence, on the other hand, is typically taken as assent. But in cases of suppressed disagreement, the silenced interlocutor has (...) information that could save the agent from ignorance in scenarios where that ignorance might lead to harmful action, and silence does not actually indicate assent. The problem is further complicated because the agent might not be aware of the fact that a silenced interlocutor has information that could prevent ignorance, and consequent harmful action. In this paper, I provide a new account of excuses from ignorance in situations of suppressed disagreement. I do this in the context of two cases; Kelly’s hypothetical case of the Tyrannical Dictator, and the real-world case of former South African President Thabo Mbeki and his AIDS denialist policies in the late 1990s and early 2000s. (shrink)

This dissertation examines the relationship between ignorance and responsibility. Ignorance is often treated as an excuse, but there are times when ignorance does not excuse. Ignorance that does not excuse is usually known as culpable ignorance. Since ignorance is largely an epistemological concept, the difference between culpable and exculpating ignorance suggests a connection between epistemology and theories of responsibility that has gone relatively unexplored. The following work explores this connection and argues (...) that incorporating epistemological theories will help provide a robust account of both the ignorance excuse and culpable ignorance. -/- The project begins by pointing out that some highly intuitive accounts of culpable ignorance seem remarkably like theories of epistemic justification. As such, epistemic justification seems like the best candidate for an epistemological concept that might share a connection with the culpable ignorance literature in moral philosophy. I argue that there is a theory of epistemic justification that captures our intuitions regarding culpable ignorance. Its close connection to our practices gives us good reason to think that, if this theory of justification is right, then the following is true: one’s ignorance exculpates only if it is justified, and one’s ignorance is culpable only if it is not justified. I call this the Justification Thesis. Once I establish the Justification Thesis, I defend it against various possible objections. First, the Justification Thesis is a derivative account of culpable ignorance, and it is often thought that derivative accounts are forced into responsibility skepticism. I argue that this is not true. Second, it is often thought derivative accounts like the Justification Thesis are open to a large class of counterexamples. I examine a few common alleged counterexamples and argue that they trade on ambiguities that, I suggest, are shared by every purported counterexample. When disambiguated it turns out they are not counterexamples after all. Third, some question whether ignorance with moral content exculpates. I argue that the Justification Thesis captures our intuitions regarding moral ignorance. Finally, I address a challenge to the initial assumption that culpable ignorance does not excuse and argue that this challenge is mistaken. (shrink)

Sometimes ignorance is an excuse. If an agent did not know and could not have known that her action would realize some bad outcome, then it is plausible to maintain that she is not to blame for realizing that outcome, even when the act that leads to this outcome is wrong. This general thought can be brought to bear in the context of climate change insofar as we think (a) that the actions of individual agents play some role in (...) realizing climate harms and (b) that these actions are apt targets for being considered right or wrong. Are agents who are ignorant about climate change and the way their actions contribute to it excused because of their ignorance, or is their ignorance culpable? In this paper I examine these questions from the perspective of recent developments in the theories of responsibility for ignorant action and characterize their verdicts. After developing some objections to existing attempts to explore these questions, I characterize two influential theories of moral responsibility and discuss their implications for three different types of ignorance about climate change. I conclude with some recommendations for how we should react to the face of the theories' conflicting verdicts. The answer to the question posed in the title, then, is: "Well, it's complicated.". (shrink)

Courts commonly allow willful ignorance to satisfy the knowledge element of a crime. The traditional rationale for this doctrine is that willfully ignorant misconduct is just as culpable as knowing misconduct. But it is not obvious that this “equal culpability thesis” holds across the board. Is it true in all cases of willful ignorance or only some? This is the question I investigate here. -/- Specifically, I argue against several common versions of the equal culpability thesis before (...) defending my own restricted version. First, I argue that the broadest version of the thesis, adopted by many courts, is overinclusive. Then I argue against several restricted versions of the thesis offered by legal theorists including Doug Husak, David Luban, and Deborah Hellman. My own account, by contrast, is premised on a duty of reasonable investigation. If my account is on the right track, the widely employed willful ignorance doctrine stands in need of reform. (shrink)

In this article, I examine Michele Moody-Adams’ critique of the ‘inability thesis’, according to which some cultures make the resources for criticizing injustice ‘unavailable’ to their members. I investigate Moody-Adams’ alternative ‘affected ignorance’ thesis. Using the example of slavery in ancient Greece, I consider two potential candidates for affected ignorance which involve, respectively, ‘unawareness’ and ‘mistaken moral weighing’; in neither, I hold, may one ascribe culpability to those involved.

When a person acts from ignorance, he is culpable for his action only if he is culpable for the ignorance from which he acts. The paper defends the view that this principle holds, not just for actions done from ordinary factual ignorance, but also for actions done from moral ignorance. The question is raised whether the principle extends to action done from ignorance about what one has most reason to do. It is tentatively (...) proposed that the principle holds in full generality. (shrink)

In a recent paper in this journal, Gideon Yaffe provides an expected utility model of culpability in order to explain why willfully ignorant misconduct sometimes is just as culpable as knowing misconduct. Although promising, I argue here that challenges remain for Yaffe’s view. First, I argue that Yaffe’s proof of the equal culpability of willful ignorance and knowledge is not watertight in certain realistic cases. Next, I argue that Yaffe’s view of culpability is motive-sensitive in a way that (...) sits uncomfortably with criminal law doctrine, and I show that his view has difficulty with unjustified actions that are nonetheless privileged. Perhaps these problems can be solved by modifying Yaffe’s account using the notion of legally recognized reasons. However, I argue that difficulties remain when it comes to implementing this solution into Yaffe’s mathematical model. Finally, I raise concerns about Yaffe’s account of willful ignorance in particular. While his view initially seems to have a major advantage over the additive picture of willful ignorance I’ve defended, this advantage does not stand up under scrutiny. In fact, Yaffe likely relies on an additive metaphysical picture of willful ignorance as well. (shrink)

This paper discusses Douglas Husak’s view that ignorance of the law always reduces culpability since the only fully culpable agents are those who are akratic—who act, that is, in a way that they judge to be wrongful, all things considered. The paper argues that this position is in tension with Husak’s avowed commitment to a reasons-responsiveness theory of culpability, given a plausible way of understanding what that means, and what a reason is.

This paper takes on several distinct but related tasks. First, I present and discuss what I will call the “Ignorance Thesis,” which states that whenever an agent acts from ignorance, whether factual or moral, she is culpable for the act only if she is culpable for the ignorance from which she acts. Second, I offer a counterexample to the Ignorance Thesis, an example that applies most directly to the part I call the “Moral (...) class='Hi'>Ignorance Thesis.” Third, I argue for a principle—Don’t Know, Don’t Kill—that supports the view that the purported counterexample actually is a counterexample. Finally, I suggest that my arguments in this direction can supply a novel sort of argument against many instances of killing and eating certain sorts of animals. (shrink)

Ignorance is often a valid excuse for wrongdoing. But authors such as William FitzPatrick argued that ignorance is culpable if we could have reasonably expected the agent to take action that would have corrected or prevented it, given his capabilities and the opportunities provided by the context, but failed to do so due to vices such as laziness, indifference, disdain, etc. Guilty ignorance is still present in the debate and, in recent times, has become more pressing (...) with the problem of technological responsibility. In this paper, an internalist perspective of culpable ignorance is adopted to analyze a form of culpability distribution in the technological context based on dispositional beliefs. Thus, two types of responsibility are found. By examining the implications of culpable ignorance, we realize that we can respond to the unambiguous idea that an engineer is morally and epistemically responsible for certain facts. (shrink)

In their article, Dylon McChesney & Mathieu Doucet argue that any viable account of the epistemic condition needs to account for the right scope of cases where an agent’s mental disorder results in exculpating ignorance. The authors then argue that this constraint on viability poses a serious problem for George Sher’s account of the epistemic condition, but not for quality of will views. In this discussion note, I do not challenge the viability constraint about mental disorder-based ignorance nor (...) do I challenge McChesney & Doucet’s argument that Sher’s account unjustly blames many cases of disorder-based ignorance. Instead, I argue against their position that quality of will views have the resources to accurately capture the scope of cases where mental disorders lead to exculpating ignorance. I argue that quality of will views fall short because they do not take into consideration the way that a non-culpably acquired difficulty, such as developing a mental disorder in childhood, can make an expectation that the agent avoid the disorder-based ignorance an unreasonably demanding expectation. This shortcoming results in quality of will views unjustly blaming agents for their disorder-based ignorance in some cases where the ignorance i) reflects a poor quality of will, but ii) it would be unreasonable to expect the agent to have avoided the ignorance. (shrink)

Willful ignorance is an important concept in criminal law and jurisprudence, though it has not received much discussion in philosophy. When it is mentioned, however, it is regularly assumed to be a kind of self-deception. In this article I will argue that self-deception and willful ignorance are distinct psychological kinds. First, some examples of willful ignorance are presented and discussed, and an analysis of the phenomenon is developed. Then it is shown that current theories of self-deception give (...) no support to the idea that willful ignorance is a kind of self-deception. Afterwards an independent argument is adduced for excluding willful ignorance from this category. The crucial differences between the two phenomena are explored, as are the reasons why they are so easily conflated. (shrink)

It is intuitive that circumstantial ignorance, even when culpable, can mitigate blameworthiness for morally wrong behavior. In this paper I suggest an explanation of why this is so. The explanation offered is that an agent’s degree of blameworthiness for some action depends at least in part upon the quality of will expressed in that action, and that an agent’s level of awareness when performing a morally wrong action can make a difference to the quality of will that is (...) expressed in it. This explanation makes use of Holly Smith’s distinction between benighting and benighted actions as well as a notion developed here called “capture.”. (shrink)

Many philosophers hold there are genuine cases of culpable ignorance. This paper argues that there are conditions that can render knowledge epistemically culpable too. First, we contrast culpable ignorance with morally culpable knowledge. Second, we examine the nature of epistemically culpable knowledge using a key example. We then highlight empirical support for the claim that there are real-world conditions that make epistemically culpable knowledge possible. Next, we survey three kinds of epistemic culpability (...) fostered by culpable knowledge. Finally, we address the benefits objection and argue that it fails. (shrink)

When does a defendant not deserve punishment because he is unaware that his conduct breaches a penal statute? Retributivists must radically rethink their answer to this question to do justice to our moral intuitions. I suggest that modest progress on this topic can be made by modeling our approach to ignorance of law on our familiar approach to ignorance of fact. We need to distinguish different levels of culpability in given mistakes and to differentiate what such mistakes may (...) be about. I discuss the advantages and disadvantages of this approach with special attention to how to contrast offenses from defenses. The alternative I tend to favor probably should not be implemented in existing penal codes. As a result, we are likely to remain dissatisfied with the decisions made by our criminal justice system about the exculpatory effect of ignorance of law. (shrink)

This article introduces the main conceptual and normative questions about willful ignorance. The first section asks what willful ignorance is, while the second section asks why—and how much—it merits moral or legal condemnation. My approach is to critically examine the criminal law's view of willful ignorance. Doing so not only reveals the range of positions one might take about the phenomenon but also sheds light on foundational questions about the nature of culpability and the relation between law (...) and morality. (shrink)

One of the most common excuses is ignorance. Ignorance does not always excuse, however, for sometimes ignorance is culpable. One of the most natural ways to think of the difference between exculpating and culpable ignorance is in terms of justification; that is, one’s ignorance is exculpating only if it is justified and one’s ignorance is culpable only if it not justified. Rosen :591–610, 2008) explores this idea by first offering a brief (...) account of justification, and then two cases that he claims are counter examples to the justification thesis. The aim of this paper is to defend the justification thesis against Rosen’s two cases. The argument will proceed in the following way. First, I clarify a few things about the nature of culpable ignorance generally and why the justification thesis is so intuitive. I then present Rosen’s purported counterexamples. Once this is done, I argue that Rosen misses an important view of justification in the epistemology literature that I call the pragmatic view. I present a general picture of the pragmatic view, and explain how it fits naturally with our practices of criticizing people’s beliefs, including claims of culpable ignorance. Finally, I address Rosen’s cases arguing that, if the pragmatic view is right, then Rosen’s cases are not counterexamples to the justification thesis. (shrink)

The willful ignorance doctrine says defendants should sometimes be treated as if they know what they don't. This book provides a careful defense of this method of imputing mental states. Though the doctrine is only partly justified and requires reform, it also demonstrates that the criminal law needs more legal fictions of this kind. The resulting theory of when and why the criminal law can pretend we know what we don't has far-reaching implications for legal practice and reveals a (...) pressing need for change. (shrink)

Ignorance is often a perfectly good excuse. There are interesting debates about whether non-culpable factual ignorance and mistake subvert obligation, but little disagreement about whether non-culpable factual ignorance and mistake exculpate. What about agents who have all the relevant facts in view but fail to meet their obligations because they do not have the right moral beliefs? If their ignorance of their obligations derives from mistaken moral beliefs or from ignorance of the moral (...) significance of the facts they have in view, should they be excused for failing to meet their moral obligations? It is not obvious that they should. In this paper we argue that the best non-skeptical accounts of moral responsibility acknowledge that factual ignorance and mistake will diminish moral responsibility in a way that moral ignorance and mistake will not. That is because factual ignorance is often non-culpable so long as it meets certain merely procedural epistemic standards but the same is not true of moral ignorance. Our argument is that the assumption that it is gets the standards of culpability for moral ignorance wrong, and that the mistake is encouraged by the thought that culpability in general requires an instance of known wrongdoing: that acting wrongly requires de dicto unresponsiveness to one’s obligations at some stage. We deny this and conclude that, therefore, ignorance and mistaken belief are indeed often perfectly good excuses – but far less often than some philosophers claim. (shrink)

Does willful ignorance mitigate blameworthiness? In many legal systems, willfully ignorant wrongdoers are considered as blameworthy as knowing wrongdoers. This is called the ‘equal culpability thesis’. Given that legal practice depends on it, the issue has obvious importance. Interestingly enough, however, there exists hardly any philosophical reflection on ECT. A recent exception is Alexander Sarch, who defends a restricted version of ECT. On Sarch’s view, ECT is true whenever willfully ignorant agents incur additional blameworthiness for their ignorance. In (...) this paper, I defend an alternative view, according to which ECT is true whenever the motives of willfully ignorant and knowing wrongdoers are equally bad. (shrink)

Douglas Husak’s book is an intelligent, wide-ranging exploration of the legal principle ‘ignorance of law is no excuse’. This principle is one of the few pieces of legal doctrine known by many regular folks, along with the criminal standard of proof ‘beyond a reasonable doubt’. The traditional approach to the doctrine might be explained in this way: in some cases, ignorance of the law fails to excuse offenders from culpability because as a matter of policy we feel they (...) ought to have known the law governing their behaviour. Placing upon citizens the responsibility to know the law is good policy because it may increase both knowledge of law (by inspiring persons considering questionable action to investigate legal rules, etc.) and law-abiding behaviour (by dissuading those who discover their possible act is illegal from acting). Although many believe the criminal law’s primary purpose is state-imposed backwards-looking ‘just deserts’ for moral wrongs, the law also serves to accomplish forward-looking aims such as enhancing moral agency and decreasing crime. From this perspective, the principle that ignorance of the law does not excuse contributes to rule of law and social order by encouraging awareness of legal rules. Husak’s position on ignorance of law is sometimes difficult to discern amongst the detailed critique and commentary on competing views that occupy most of the first 100 pages. In the end, Husak bucks a forward-looking account of the principle and concludes that ignorance of the law – or more exactly, ignorance of the law related to ignorance of the morality underpinning the law – ought to serve as an excuse to criminal guilt in most cases. Further, he claims ignorance of law ought to excuse in the same way that that ignorance of an important fact regarding one’s crime excuses. That he is mistaken regarding an important fact about his crime matters to a defendant’s blameworthiness – e.g. if the defendant kills in self-defence, mistaking the toy gun their victim is carrying with a real gun. A person who honestly believes they are in immediate danger from an armed aggressor is less than fully blameworthy for killing that aggressor even if they were mistaken about the threat. Similarly, knowledge or ignorance that some act is morally wrong clearly matters to moral blameworthiness, says Husak: other things being equal, a person who is ignorant of the moral wrongness of her act is less blameworthy than someone who is aware that what she is doing is wrong. Where ignorance of that an action violates a criminal law is related to ignorance regarding the morality of the act, a person is less than fully culpable. (shrink)

In this paper I sketch a socially situated account of responsible agency, the main tenet of which is that the powers that constitute responsible agency are themselves socially constituted. I explain in detail the constitution relation between responsibility-relevant powers and social context and provide detailed examples of how it is realized by focusing on what I call ‘expectations-generating social factors’ such as social practices, cultural scripts, social roles, socially available self-conceptions, and political and legal institutions. I then bring my account (...) to bear on the debate about the exculpatory potential of moral ignorance. I show that a prominent position in this debate – the position that denies that moral ignorance exculpates – is grounded on an individualistic and acontextualist conception of moral capacities, moral cognition, and blameworthiness, and that this conception leads those philosophers who endorse it to make a number of questionable claims regarding the ability of ordinary agents to overcome their moral ignorance and the culpability they bear for the latter. I conclude by indicating how my socially situated account addresses the issue of moral ignorance. (shrink)

An ingenious argument – we may call it the Argument from Excuse – purports to show that the Standard View of Ignorance is false and the New View of Ignorance is true. On the former, ignorance is lack of knowledge; on the latter, ignorance is lack of true belief. I defend the Standard View by arguing that the Argument from Excuse is unsound. I also argue that an implication of my case is that Factual Ignorance (...) Thesis (FIT) is false. According to FIT, whenever an agent A acts from factual ignorance, A is morally blameworthy (culpable) for the act only if A is morally blameworthy (culpable) for the ignorance from which A acts. (shrink)

Motivated ignorance is an incentivized absence of knowledge that arises in circumstances of unequal power relations, a self-protective non-knowing which frees individuals from having to reflect on the privileges they have in virtue of membership in a dominant social group. In philosophical discussions, the term “motivated ignorance” gets used interchangeably with “willful ignorance.” In the first half of this paper, using Charles Mills’ (2007) white ignorance as the defining case, I argue that this is a mistake. (...) A significant swath of cases of motivated ignorance are non-willful, or deep, following Rik Peels (2010). But in all cases, benefits accrued to some in virtue of their social position are gained and maintained at the expense of harms to others. In the second half of this paper, I argue that these harms are what ground attributions of culpability in cases of motivated ignorance and drive the normative requirement that the subject know better, so long as the facts in question are ordinarily and easily knowable (in a sense to be specified). Willfulness is not a necessary condition for culpability, even if it is a sufficient one. (shrink)

Some philosophers contend that concomitant ignorance preserves moral responsibility for wrongdoing. An agent is concomitantly ignorant with respect to wrongdoing if and only if her ignorance is non-culpable, but she would freely have performed the same action if she were not ignorant. I, however, argue that concomitant ignorance excuses. I show that leading accounts of moral responsibility imply that concomitant ignorance excuses, and I debunk the view that concomitant ignorance preserves moral responsibility.

Ignorance is often a perfectly good excuse. There are interesting debates about whether non-culpable factual ignorance and mistake subvert obligation, but little disagreement about whether non-culpable factual ignorance and mistake exculpate. What about agents who have all the relevant facts in view but fail to meet their obligations because they do not have the right moral beliefs? If their ignorance of their obligations derives from mistaken moral beliefs or from ignorance of the moral (...) significance of the facts they have in view, should they be excused for failing to meet their moral obligations? It is not obvious that they should. In this paper we argue that the best non-skeptical accounts of moral responsibility acknowledge that factual ignorance and mistake will diminish moral responsibility in a way that moral ignorance and mistake will not. That is because factual ignorance is often non-culpable so long as it meets certain merely procedural epistemic standards but the same is not true of moral ignorance. Our argument is that the assumption that it is gets the standards of culpability for moral ignorance wrong, and that the mistake is encouraged by the thought that culpability in general requires an instance of known wrongdoing: that acting wrongly requires de dicto unresponsiveness to one’s obligations at some stage. We deny this and conclude that, therefore, ignorance and mistaken belief are indeed often perfectly good excuses – but far less often than some philosophers claim. (shrink)

There's heated debate around whether people who did terrible things in the past, at a time when there was widespread acceptance of such actions, are appropriately blamed by us, on the grounds they weren't really morally ignorant, or their ignorance was itself culpable. I point to puzzles that arise if we blame them. We need to explain how they could act so badly if they weren't fully ignorant. I argue that plausible answers to that question entail that they're (...) not blameworthy, or that we lack standing to blame them. (shrink)

Many have assumed that widespread cultural ignorance exculpates those who are involved in otherwise morally problematic practices, such as the ancient slaveholders, 1950s sexists or contemporary meat eaters. In this paper we argue that ignorance can be culpable even in situations of widespread cultural ignorance. However, it is not usually culpable due to a previous self-conscious act of wrongdoing. Nor can we always use the standard attributionist account of such cases on which the acts done (...) in ignorance can nonetheless display bad motivations. Instead, we argue that moral ignorance often results from the exercise of vice, and that this renders subsequent acts blameworthy, regardless of whether the ignorance happens to be widespread. We develop an account of moral-epistemic vice, and argue that two families of moral-epistemic vice may be common. Vices of arrogance involve the motivation to self-aggrandizement, while vices of laziness involve the motivation for comfort. If cases of cultural ignorance involve the operation of these moral-epistemic vices then that ignorance ought to be viewed as culpable. (shrink)

In 2009 Larry Alexander and Kimberly Ferzan published Crime and Culpability: A Theory of Criminal Law. The book set out a theory that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they deserve. Reflections on Crime and Culpability: Problems and Puzzles expands on their innovative ideas on the application of punishment in criminal law. Theorists working in criminal law theory presuppose or ignore puzzles that lurk beneath the surface. Now those who wish to (...) examine these topics will have one monograph that combines the disparate puzzles in criminal law through a unified approach to culpability. Along with some suggestions as to how they might resolve the puzzles, Alexander and Ferzan lay out the arguments and analysis so future scholars can engage with questions about our understanding of culpability that very few have addressed. (shrink)

Does willful ignorance mitigate blameworthiness? In many legal systems, willfully ignorant wrongdoers are considered as blameworthy as knowing wrongdoers. This is called the ‘equal culpability thesis’. Given that legal practice depends on it, the issue has obvious importance. Interestingly enough, however, there exists hardly any philosophical reflection on ECT. A recent exception is Alexander Sarch, who defends a restricted version of ECT. On Sarch’s view, ECT is true whenever willfully ignorant agents incur additional blameworthiness for their ignorance. In (...) this paper, I defend an alternative view, according to which ECT is true whenever the motives of willfully ignorant and knowing wrongdoers are equally bad. (shrink)

Active white ignorance is accompanied by an epistemic and affective insensitivity that allows American white people to avoid the negative affect that might typically accompany harmdoing. Resisting active ignorance about racism and white supremacy, therefore, often gives rise to shame. Yet, thinkers have debated the value of shame for white people’s antiracism. This article asserts that shame is an appropriate response for white people recognizing our culpability for and complicity in racist injustices and violence. However, the article exposes (...) problems with philosophical accounts of white shame, and draws on recent psychological research to show that contextual factors actually determine whether shame can support white antiracism. The article proposes a role for shame in what José Medina calls an “ethics and epistemology of discomfort,” arguing that there are conditions under which shame may encourage the sustained self-interrogation, sensitivity, and humility required if white people are to contribute meaningfully to antiracist action. (shrink)