Constitutivism is the view that it is possible to derive contentful, normatively binding demands of practical reason and morality from the constitutive features of agency. Whereas much of the debate has focused on the constitutivist's ability to derive content, David Enoch has challenged her ability to generate normativity. Even if one can derive content from the constitutive aims of agency, one could simply demur: ?Bah! Agency, shmagency?. The ?Why be moral?? question would be replaced by the ?Why be an agent?? (...) question. It is the aim of this paper to show that the shmagency objection is essentially correct, though not as originally defended by Enoch. Since Enoch posed his argument as ruling out the normative authority of agency under any conception of the constitutive features of agency, constitutivists have responded by arguing for the inescapability of certain minimal features of agency. I argue that this amounts to equivocation: the constitutivist appeals to a minimal conception of agency in answering the normative question but to a richer understanding in answering the content question. The key to the shmagency objection, as I shall defend it, is to insist that the same sense of agency must be employed in answering both questions. A shmagent can concede that there may be inescapable ways of understanding agency, but insist that any such understanding would have to be too minimal to generate substantive content. (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)

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)

Kantian constructivists locate the source of normativity in the rational nature of valuing agents. Some further argue that accepting this premise thereby commits one to accepting the intrinsic or unconditioned value of rational nature itself. Whereas much of the critical literature on this “regress on conditions” argument has focused either on the cogency of the inference from the value-conferring capacity of the will to the unconditional value of that capacity itself or on the plausibility of the initial constructivist premise, my (...) aim is to press the argument from a different direction by asking just how Kantian the constructivist needs to be in order to support a regress on conditions argument. Specifically, I maintain that the argument succeeds only given a full-fledged Kantian moral psychology, including a presupposition of transcendental freedom. If correct, this could have implications regarding the compatibility of Kantian ethics and philosophic naturalism. (shrink)

My aim in this paper is to defend negligence as a legitimate basis for moral and criminal culpability. In so doing, I also hope to demonstrate how philosophical and jurisprudential perspectives on responsibility can mutually inform each other. While much of the paper focuses on criminal negligence, my aim is to show how attention to certain doctrines and concepts in criminal law can shed light on our understanding of moral culpability including culpability for negligence. It is often taken to be (...) a fundamental principle of criminal law that an act cannot be guilty unless it is accompanied by a culpable state of mind or mens rea. This has led to scepticism regarding negligence as a legitimate basis for desert-based criminal sanction because it is not clear that negligence picks out any mental state at all, much less a culpable one. In this paper I articulate and defend a unified account of moral and criminal culpability that rejects the standard view of mens rea that underlies negligence-skepticism. Specifically, I hold that the mens rea element of a crime does not function to inculpate, as is standardly held, but to partly determine the description under which an action counts as wrongful. While I agree that we should be especially cautious about criminalizing negligence, the relevant question, on my view, is not whether a given mens is sufficiently culpable but whether the mens-cum-actus is sufficiently wrongful to warrant the attention of criminal justice. (shrink)

This paper takes up the question of whether the consequences of a person’s volitional actions can contribute to their blameworthiness. On the one hand it is intuitively plausible to hold that if D1 volitionally shoots V with the intention of killing V then D1 is blameworthy for V’s death. On the other hand, if the only difference between D1 and D2 is resultant luck, many find it counter-intuitive to hold that D1 is more blameworthy than D2. There are three broad (...) (non-skeptical) strategies for resolving this tension: accept resultant moral luck, deny that one can be morally responsible for outcomes, or accept that outcomes can be within the scope of things one is morally responsible for while denying that they can affect the degree of blameworthiness. This paper aims to defend resultant moral luck against both the scoping and the internalist strategies by drawing on an “inclusive conception” of blameworthiness, according to which how much blame one deserves is a function of two independent variables: the wrongfulness of the offense and the offender’s degree of moral responsibility. The view defended here holds that consequences affect degree of blameworthiness by affecting the wrongfulness of that for which one is being blamed. (shrink)

This paper has two main goals. The first is to defend a particular account of answerability according to which a person is (morally or criminally) answerable for their conduct if it is (morally or criminally) wrongful under the same description under which it is imputable to their agency. Negating defences in law aim to defeat criminal answerability by negating some element of the charged offence while their moral analogues aim to defeat moral answerability by defeating the aptness of the description (...) under which an action is imputed. In contrast, affirmative defences and their moral analogues aim to defeat the move from answerability to liability to sanction by offering an exculpatory explanation for the wrongful conduct. The second goal of this paper is to argue that there are important differences between the way that ignorance functions in negating defences and their moral analogues and affirmative defences and their moral analogues. Specifically, when ignorance functions to defeat answerability, it need only be sincere, but it is typically limited to matters of fact, whereas both moral and non-moral ignorance can excuse one from liability but only if non-culpable. (shrink)

One can think of the traditional logic of blame as involving three intuitively plausible claims: (1) blame is justified only if one is deserving of blame, (2) one is deserving of blame only if one is relevantly in control of the relevant causal antecedents, and (3) one is relevantly in control only if one has libertarian freedom. While traditional compatibilism has focused on rejecting either or both of the latter two claims, an increasingly common strategy is to deny the link (...) between blame and desert expressed in (1). While I think there is something right about many of these accounts of blame, I deny that the logic of blame can be divorced from the logic of desert. On my view, blame does have a conceptual connection to desert, but its justification is practical rather than theoretical, as the libertarian condition is a matter of adopting a stance towards a person rather than having a belief about her and the “true” causes of her action. I argue that blame fundamentally requires interacting with a person from the participant perspective and that the participant perspective, understood in terms of second-personal address, involves an ontological commitment to freedom. (shrink)

This paper argues that there are compelling grounds for thinking that coercive indoctrination can defeat or mitigate moral culpability in virtue of being a form of non-culpable moral ignorance. That is, I defend a two-tier account such that what excuses an agent for a wrongful act is the agent’s ignorance regarding the moral quality of their act; and what excuses the defendant for their ignorance is that coercion or manipulation deprived the defendant of a fair opportunity to avoid that ignorance. (...) I further argue that criminal defense theory would better track moral culpability were it to broaden existing defenses whose desert-base is moral ignorance—such as insanity or mistaken-belief self-defense—to include non-culpable ignorance due to diminished situational control. In this way, criminal law can plausibly recognize a defense of coercive indoctrination without postulating any new categories of defense. (shrink)

H.A. Prichard argued that the “why should I be moral?” question is the central subject matter of moral theory. Prichard famously claimed to have proved that all efforts to answer that question are doomed. Many contributors to this volume of contemporary papers attempt to reconstruct Prichard’s argument. They claim either explicitly or implicitly that Prichard was mistaken, and philosophy can contribute to meaningful engagement with the ‘why be moral?’ question. A theme to emerge from these papers is that arguments like (...) Prichard’s rely on numerous philosophical presuppositions. The volume therefore touches on a wide range of topics and treatments. Is there one kind of practical reason or multiple kinds of reasons? Are there separate facts that determine the rationality and reasonableness of persons? Does the conception of a practical reason found in classical philosophy have the resources to undercut Prichard’s argument? Does it make sense to hold people morally accountable for their actions if it cannot be demonstrated that there are reasons to be moral? Does applied ethics have anything to contribute to the debate on morality’s rational authority? This volume will be useful for advanced undergraduates and specialists working on the foundations of morality, and morality’s intersection with reason and rationality. The detailed introduction enhances the collection’s accessibility by providing a detailed exposition of Prichard’s renowned thesis that draws on his lesser-known, mature papers. It then carefully situates the volume’s contents against that background. (shrink)

Kant describes the concept of freedom as "the keystone of the whole structure of a system of pure reason, even of speculative reason." Kant's theory of freedom thus plays a foundational and unifying role in all aspects of his philosophy and is thus of significant interest to historians of Kant's philosophy. Kant's theory of freedom has also played a significant role in contemporary debates in metaphysics, normative ethics, and metaethics. This volume brings historians of Kant's philosophy into conversation with contemporary (...) metaphysicians and ethicists with the aim of representing the current state of scholarship on Kant's and Kantian accounts of freedom while at the same time opening new avenues of exploration. The Idea of Freedom includes papers by leading scholars on a range of historical and contemporary topics centrally related to the Kantian theory of freedom, including transcendental idealism, determinism, Kant's normative ethical theory, Kant's conception of cognition, Kant's theory of beauty, Kant's conception of logic, and many others. (shrink)