Philosophers traditionally have been concerned both to explain intentional behavior and to evaluate it from a moral point of view. Some have maintained that whether actions (and their consequences) properly count as intended sometimes hinges on moral considerations - specifically, considerations of moral responsibility. The same claim has been made about an action's properly counting as having been done intentionally. These contentions will be made more precise in subsequent sections, where influential proponents are identified. Our aim in this paper is (...) to show that familiar defenses of these more precise claims are unpersuasive and that the claims do not merit acceptance. Our concern, more broadly, is to illuminate the place occupied by intention and intentional action in a conceptual scheme suited both to explanatory needs in the philosophy of mind to evaluative needs in moral philosophy. (shrink)

Motive and Rightness is the first book-length attempt to answer the question, Does the motive of an action ever make a difference in whether that action is morally right or wrong? Steven Sverdlik argues that the answer is yes. His book examines the major theories now being discussed by moral philosophers to see if they can provide a plausible account of the relevance of motives to rightness and wrongness. Sverdlik argues that consequentialism gives a better account of these matters than (...) Kantianism or certain important forms of virtue ethics. In carrying out the investigation Sverdlik presents an analysis of the nature of motives, and he considers their relations to normative judgments and intentions. A chapter is devoted to analyzing the extent to which motives are 'available' to rational agents, and the importance of feelings and unconscious motives. Historical figures such as Kant, Bentham, Mill and Ross are discussed, as well as contemporary writers like Korsgaard, Herman, Hurka, Slote and Hursthouse. Motive and Rightness is unusual in its interweaving of ethical theory, both historical and contemporary, with moral psychology, action theory, and psychology. (shrink)

More than one person can be responsible for a particular state of affairs--In this sense collective moral responsibility does indeed exist. However, Even in such cases, Moral responsibility is still fundamentally individualized since each agent responsible for a particular state of affairs is responsible for his/her actions which have the intention of producing this state of affairs.

Motive and Rightness is the first book-length attempt to answer the question: Does the motive of an action ever make a difference to whether that action is ...

The concept of intentional action occupies a central place in commonsense or folk psychological thought. Philosophers of action, psychologists and moral philosophers all have taken an interest in understanding this important concept. One issue that has been discussed by philosophers is whether the concept of intentional action is purely ‘naturalistic’, that is, whether it is entirely a descriptive concept that can be used to explain and predict behavior. (Of course, judgments using such a concept could be used to support moral (...) or evaluative judgments about responsibility, praise and blame.) A related question is whether speakers’ views about moral and evaluative issues at least affect their judgments about intentionality, even if their explicit concept of intentional action is not itself evaluative. (shrink)

The concept of intentional action occupies a central place in commonsense or folk psychological thought. This paper describes two psychological experiments designed by the author and Joshua Knobe. The experiments investigate further some questions that arose from Knobe's work on responsibility and intentionality beliefs in folk psychology. They show that there is reason to doubt that subjects' beliefs about the intentionality of side effects are simply a product of their beliefs about the agent's responsibility for these effects. The author also (...) considers how the experimental results bear on Knobe's most recent views about the relation of subjects' value judgments about side effects and their intentionality judgments. What the experimental results suggest is that subjects do not simply use either their belief that a side effect is bad, or that the agent is responsible for it, to determine their view about the intentionality of its production. 2012 APA, all rights reserved). (shrink)

What is the relation between the intention to A and doing A intentionally? It is natural to suppose that the latter entails the former. That is, it is natural to accept what Michael Bratman has called the ‘Simple View’ of the relation between acting intentionally and having an intention. Bratman is one noteworthy writer who has denied that the Simple View is true. In the present paper I do not defend this view. I contend that one well-known argument that Bratman (...) offers for thinking that the Simple View is false fails, in fact, to disprove it. If there are reasons for thinking that the Simple View is false, as I believe there are, they are not the ones that Bratman has offered. My discussion of Bratman also raises some more general questions about the principles governing the rational formation of intentions. I suggest that a special sort of example casts doubt on the tenability of a commonly accepted principle that Bratman, among others, utilizes. (shrink)

The reform of offenders is often said to be one of the morally legitimate aims of punishment. After briefly surveying the history of reformist thinking I examine the ‘quasi-reform’ theories, as I call them, of H. Morris, J. Hampton and A. Duff. I explain how they conceive of reform, and what role they take it to have in the criminal justice system. I then focus critically on one feature of their conception of reform, namely, the claim that a reformed offender (...) will obey the relevant laws for moral reasons. I argue on consequentialist grounds that this requirement is objectionable. Consequentialism has always accepted reform as one legitimate goal of punishment, but it will not accept the narrowly moral conception of it that we find in the quasi-reform theorists. I situate my criticism within criminal law theory, but I also consider the claim in moral theory that acting from moral motives has intrinsic value. (shrink)

This is a presentation of the utilitarian approach to punishment. It is meant for students. A note added in July, 2022 advises the reader about the author's current views on some topics in the paper. The first section discusses Bentham's psychological hedonism. The second briefly criticizes it. The third section explains abstractly how utilitarianism would determine of the right amount of punishment. The fourth section applies the theory to some cases, and brings out how utilitarianism could favor punishments more or (...) less severe than the lex talionis. (shrink)

It is often argued that Kantian and consequentialist approaches to the philosophy of punishment differ on the question of whether using punishment to achieve deterrence is morally acceptable. I show that this is false: both theories judge it to be acceptable. Showing this requires attention to what the Formula of Humanity in Kant requires agents to do. If we use the correct interpretation of this formula we can also see that an anti-consequentialist moral principle used by Victor Tadros to criticize (...) consequentialism is implausible. I go on to examine the version of John Rawls' theory that is used by Sharon Dolovich to develop a Kantian theory of legal punishment. This makes clear why punishment to achieve deterrence in the 'circumstances of justice' is morally acceptable. However, in at least one respect consequentialism gives us a more convincing understanding of the limits on the pursuit of deterrence than the Kantian theory does. (shrink)

Contemporary Kantians who defend Kant''s view of the superiority of the sense of duty as a form of motivation appeal to various ideas. Some say, if only implicitly, that the sense of duty is always ``available'''' to an agent, when she has a moral obligation. Some, like Barbara Herman, say that the sense of duty provides a ``nonaccidental'''' connection between an agent''s motivation and the act''s rightness. In this paper I show that the ``availability'''' and ``nonaccidentalness'''' arguments are in tension (...) with one another. And the ``availability'''' idea, although certainly supported by some passages in Kant himself, is also clearly denied in other passages. My conclusion is that Kantians will need to abandon either availability or nonaccidentalness if they wish to have a consistent set of views about the sense of duty. (shrink)

It is considered to be a devastating objection to utilitarianism (and consequentialism) that it would sometimes favor deliberately punishing an innocent person. I call this The Objection. In this paper I try to find the historical origin of The Objection. Although various writers have suggested that it occurs much earlier, I claim that it emerged in Oxford in the late 1920's, and was developed by E. F. Carritt and A. C. Ewing.

The main previous analyses of punishment by Hart, Feinberg and Wasserstrom are considered and criticized. One persistent fault is the neglect of the idea that in punishment the person subjected to it is represented as having no valid excuse for wrongdoing. A new analysis is proposed which attempts to specify in what sense punishment by its very nature is retributive, as Wasserstrom has asserted. Certain problematic cases such as strict liability offenses and pre-trial detention are considered in light of the (...) new analysis. (shrink)

In Introduction Bentham considers a difficulty. If the immediate aim of punishment is to deter agents considering breaking the law, then the severity of the threat of punishment must increase if they are strongly tempted to offend. But it seems intuitively that some people who were strongly tempted to offend should be punished leniently. Bentham argues in response that all potential offenders capable of being deterred must be deterred. He makes three mistakes. It is possible that it would produce the (...) most happiness at t2 to punish an offender who could have been deterred at t1, but was not. The Principle of Utility might condemn the threats that would be needed to deter all potential offenders who can be deterred. Given the dispositions to reoffend of some strongly tempted offenders, their punishments should be relatively lenient. There is more room for leniency in Bentham's theory than he realized. (shrink)

This book explains and evaluates the main arguments and themes in Bentham's Introduction (IPML). It's designed for upper level undergraduate students of philosophy; it would also be useful for grad students and scholars in philosophy and other disciplines. Each chapter of the book is discussed in sequence. Emphasis is placed on Bentham's original goal of introducing a utilitarian penal code. His causal theory of action, and account of motives and motivation, are analysed carefully, so as to lay the groundwork for (...) his treatment of the deterrence of potential offenders, and the punishment of convicted offenders. Bentham's approach to making acts into legal offenses, or 'criminalization', is also treated. His understanding of the principle of utility, theory of intrinsic value, and claims about the measurement of pleasure and pain, and intrinsic value, are fully discussed. Some attention is given to the features of English criminal law in Bentham's time, and to its practice in contemporary societies. (shrink)

Retributivist approaches to the philosophy of punishment are usually based on certain claims related to moral desert. I focus on one such principle:Censuring Principle : There is a moral reason to censure guilty wrongdoers aversively.Principles like CP are often supported by the construction of examples similar to Kant’s ‘desert island’. These are meant to show that there is a reason for state officials to punish deserving wrongdoers, even if none of the familiar goals of punishment, such as deterrence, will be (...) achieved. When suitable variants of such examples are presented, however, it is evident that there cannot be much reason to punish such wrongdoers, even if there is some. The same problem besets claims that there is intrinsic value in the suffering of wrongdoers, or that wrongdoers deserve to suffer. All such claims are relatively weak normatively. (shrink)

This article surveys deontological retributivist thought about judgments concerning deserved punishments. A number of conceptions of desert are described: they vary with respect to their claims about consequential moral luck and the role that desert judgments play in morality. Some retributivists claim that desert claims support obligations to punish; others that they establish ceilings on permissible severity; others that they do both. Further specific conceptual issues about desert of punishment are described, for example, whether a criminal record is relevant. The (...) evidence that retributivists offer for their desert claims are critically assessed. These usually involve appeals to moral intuition. It is argued that these are often weak. The most plausible claim is that desert establishes a ceiling on permissible severity, but no retributivist has shown what amounts of punishment are deserved, so this may not be true. Retributivists might helpfully investigate if moral theory can resolve some of their disputes. (shrink)

I examine two related ideas about the role of desert judgments which say, roughly, that, if a punishment is undeserved, it is impermissible to impose it. These can both be taken to claim that desert is a ‘limiting condition’ on the pursuit of consequentialist aims. I discuss what considerations are supposed to support an offender’s desert claim. I first examine the major divide between contemporary retributivist theories: those that take an offender’s desert to supervene only on culpability considerations, and those (...) that take an offender’s desert to supervene on culpability considerations, and the amount of harm her offense caused. I then look more closely at what sorts of facts fall into the categories of culpability and harm. We can see at the conceptual level that the conceptions of desert previously sketched give us reason to believe that an offender’s desert does not set a plausible upper limit on the severity of her punishment. If we ‘extend’, as I say, conceptions of an offender’s desert in order to get a clearer idea of the amount of punishment she deserves in certain cases, we see that the two types of retributivist theory have serious, and connected, difficulties in setting the limit. The conclusion I reach is this: it is unclear that desert is a limiting condition. (shrink)