In this article I argue that Part II of the Family LawAct 1996 gives expression to a new form ofresponsibility. I begin by suggesting thatresponsible behaviour has shifted from prohibiting orrequiring particular actions: we now exhibitresponsibility by our attitude towards our actions. I then examine where this new conception ofresponsibility has come from. Through an examinationof the work of post-liberal theorists, principallyMichael Sandel, I argue that a changing view ofpersonhood within post-liberal theory has led to aquestioning of the possibility (...) of choice, and that theabsence of choice necessitates a shift in thedefinition of responsible behaviour. If we are createdby our decisions then we cannot be held to account forour decisions, but only for the care we have takenover them. Responsibility is therefore measured notby our level of self-control but by our level ofself-awareness. Finally I examine the consequences ofthis shift in the meaning of responsibility. Withinthis framework autonomy is illusory thereforedecisions do not need to be respected. This explainswhy the implementation of Part II of the Family LawAct 1996 has been called into question. Within thisframework responsibility is relative therefore itextends indefinitely. This enables the Family Law Actto be uniquely intrusive and judgmental: everydivorcing couple, on being held up to scrutiny, isfound lacking. (shrink)

In Building Better Beings, Vargas develops and defends a naturalistic account of responsibility, whereby responsible agents must possess a feasibly situated capacity to detect and respond to moral considerations. As a preliminary step, he also offers a substantive account of how we might justify our practices of holding responsible—viz., by appeal to their efficacy in fostering a ‘valuable form of agency’ across the community at large, a form of agency that precisely encompasses sensitivity to moral considerations. But how do (...) these accounts relate to one another? Though I find much that is appealing in Vargas’s general approach, I challenge his insistence that these accounts should be treated as ‘conceptually independent’, arguing that this generates an objectionable “justification gap”: on his analysis, someone could remain an appropriate target of our responsibility practices and yet fail to be a morally responsible agent. In closing, I offer a potential solution to this problem, though it means re-visioning how the account of moral responsibility is conceptually tied to the justification of our responsibility practices. (shrink)

In Building Better Beings, Vargas develops and defends a naturalistic account of responsibility, whereby responsible agents must possess a feasibly situated capacity to detect and respond to moral considerations. As a preliminary step, he also offers a substantive account of how we might justify our practices of holding responsible—viz., by appeal to their efficacy in fostering a ‘valuable form of agency’ across the community at large, a form of agency that precisely encompasses sensitivity to moral considerations. But how do (...) these accounts relate to one another? Though I find much that is appealing in Vargas’s general approach, I challenge his insistence that these accounts should be treated as ‘conceptually independent’, arguing that this generates an objectionable “justification gap”: on his analysis, someone could remain an appropriate target of our responsibility practices and yet fail to be a morally responsible agent. In closing, I offer a potential solution to this problem, though it means re-visioning how the account of moral responsibility is conceptually tied to the justification of our responsibility practices. (shrink)

A crucial aspect of Hegel's practical philosophy is his theory of responsibility. This theory is both original and radical in its emphasis on the role and importance of social and historical conditions as a context for our actions. But even those who agree that there is something valuable in Hegel's emphasis on sociality are not in agreement about what that something is or about how Hegel argues for it. Mark Alznauer offers the first book-length account of the (...) structure of the theory and its place within Hegel's thought as a whole. The reader is carefully walked through the psychological, social and historical aspects of responsibility in Hegel's texts. The book demonstrates that attention to the concept of responsibility reveals the true nature of Hegel's controversial claims about the inherent sociality of human action. (shrink)

The aims of this paper are to: (1) identify the best framework for comprehending multidimensional impact of deep brain stimulation on the self; (2) identify weaknesses of this framework; (3) propose refinements to it; (4) in pursuing (3), show why and how this framework should be extended with additional moral aspects and demonstrate their interrelations; (5) define how moral aspects relate to the framework; (6) show the potential consequences of including moral aspects on evaluating DBS’s impact on patients’ selves. Regarding (...) (1), I argue that the pattern theory of self can be regarded as such a framework. In realizing (2) and (3), I indicate that most relevant issues concerning PTS that require resolutions are ontological issues, including the persistence question, the “specificity problem”, and finding lacking relevant aspects of the self. In realizing (4), I identify aspects of the self not included in PTS which are desperately needed to investigate the full range of potentially relevant DBS-induced changes—authenticity, autonomy, and responsibility, and conclude that how we define authenticity will have implications for our concept of autonomy, which in turn will determine how we think about responsibility. Concerning (5), I discuss a complex relation between moral aspects and PTS—on one hand, they serve as the lens through which a particular self-pattern can be evaluated; on the other, they are, themselves, products of dynamical interactions of various self-aspects. Finally, I discuss (6), demonstrating novel way of understanding the effects of DBS on patients’ selves. (shrink)

Many important harms result in large part from our collective omissions, such as harms from our omissions to stop climate change and famines. Accounting for responsibility for collective omissions turns out to be particularly challenging. It is hard to see how an individual contributes anything to a collective omission to prevent harm if she couldn’t have made a difference to that harm on her own. Some groups are able to prevent such harms, but it is highly contentious whether groups (...) can be loci of responsibility. This paper takes an existing and plausible framework of moral responsibility—one based on abilities—and scales it up to accommodate responsibility for collective omissions. This centrally involves identifying what the relevant collective abilities are and how they work. One significant benefit of this approach is that we can do this while remaining neutral on the debates about collective agency and collective responsibility by showing how individualist and collectivist versions of the theory work. Finally, I explore several further upshots of the scaled-up ability-based account, including that degrees of responsibility can be cashed out in terms of strengths of the relevant abilities, which has both theoretical and applied implications. (shrink)

Environmental theorists and practitioners generally accept that responsibility for environmental harm is best understood as common but differentiated, yet little work has been done to philosophically articulate this idea. This paper develops this theory by bringing Iris Marion Young's two-tiered model of responsibility to bear on the topic of addressing and redressing environmental damage. I demonstrate how her approach can satisfy the commonality criterion (i.e. that everyone has a role to play in confronting environmental harm), while still (...) satisfying the differentiation criterion (i.e. that different actors have different kinds and degrees of responsibility), and that it does so in a manner that is persuasive, politically useful, and reasonably acceptable to all sides. In aiming to satisfy the commonality criterion, the paper identifies traditional sustainable communities as environmentalist exemplars, emphasizing that these communities have a vital role to play in combatting our present ecological crisis. (shrink)

John Fischer and Mark Ravizza defend in this book a painstakingly constructed analysis of what they take to be a core condition of moral responsibility: the notion of guidance control. The volume usefully collects in one place ideas and arguments the authors have previously published in singly or jointly authored works on this and related topics, as well as various refinements to those views and some suggestive discussions that aim to show how their account of guidance control might fit (...) into a more comprehensive account of moral responsibility. (shrink)

This paper seeks to make a contribution toward a general theory of responsibility and irresponsibility. Such a theory, or framework or model, addresses therelationship between responsibility and irresponsibility. The motive for the effort is that the literature on business ethics, corporate citizenship, and corporate social responsibility combines negative prohibitions with positive requirements and at both individual and organizational levels of action. A prohibition takes the form “do not” expressed in laws and ethics. A requirement takes (...) the form “should” or “ought” expressed in theories of responsibility and stakeholder engagement. Armstrong (1977) points out that actually preventing harm may be socially much more valuable than promoting contribution. (shrink)

Supererogation and rules -- Problematic responsibility in law and morals -- On being "morally speaking a murderer" -- Justice and personal desert -- The expressive function of punishment -- Action and responsibility -- Causing voluntary actions -- Sua culpa -- Collective responsibility -- Crime, clutchability, and individuated treatment -- What is so special about mental illness?

Just as some types of philosophical analysis are more useful than others to historians or political scientists, so, I find, are some sorts of historical research more useful to philosophers than are other sorts. Sommerville makes history useful to non-historians by clarifying the large-scale historical background against which his investigative questions are posed, and then separating out crucial figures, ideas, and events from arcana of interest primarily to specialist historians. His interpretations are relatively neutral, striking a welcome balance between mere (...) reporting of events or textual ideas on the one hand, and on the other, accounts so theoretically laden that they prejudge or foreclose promising interpretive possibilities. (shrink)

This book provides a comprehensive, systematic theory of moral responsibility. The authors explore the conditions under which individuals are morally responsible for actions, omissions, consequences, and emotions. The leading idea in the book is that moral responsibility is based on 'guidance control'. This control has two components: the mechanism that issues in the relevant behavior must be the agent's own mechanism, and it must be appropriately responsive to reasons. The book develops an account of both components. The (...) authors go on to offer a sustained defense of the thesis that moral responsibility is compatible with causal determinism. (shrink)

This chapter describes the attributionist approach to moral responsibility. Works by Pamela Hieronymi, T.M. Scanlon, Angela Smith, and Matthew Talbert are taken to representative of this approach. On the interpretation given here, attributionism is committed to the following: assessments of moral responsibility are, and ought to be, centrally concerned with the morally significant features of an agent’s orientation toward others that are attributable to her, and an agent is eligible for moral praise or blame solely on the basis (...) of these attributions. Attributionism is presented as rejecting the claim that agents are morally responsible only for what is under their voluntary control, as well as the claim that agents are responsible for wrongdoing only if they could have responded to the moral considerations that spoke against your behavior. These supposed conditions on moral responsibility are rejected for the same reason: agents may reveal features of their selves, in a way that is sufficient for moral responsibility, even in cases in which these conditions are not met. (shrink)

Recently T. M. Scanlon and others have advanced an ostensibly comprehensive theory of moral responsibility—a theory of both being responsible and being held responsible—that best accounts for our moral practices. I argue that both aspects of the Scanlonian theory fail this test. A truly comprehensive theory must incorporate and explain three distinct conceptions of responsibility—attributability, answerability, and accountability—and the Scanlonian view conflates the first two and ignores the importance of the third. To illustrate what (...) a truly comprehensive theory might look like, I investigate what it would say about the difficult case of the psychopath. (shrink)

Part I: Building blocks. 1. Folk convictions -- 2. Doubts about libertarianism -- 3. Nihilism and revisionism -- 4. Building a better theory -- Part II. A theory of moral responsibility. 5. The primacy of reasons -- 6. Justifying the practice -- 7. Responsible agency -- 8. Blame and desert -- 9. History and manipulation --10. Some conclusions.

The leading idea of our theory of moral responsibility is that responsibility is associated with control. But we contend that there are two distinct kinds of control. Regulative control involves alternative possibilities: it is a kind of dual power of free action. In contrast, guidance control does not, by its nature, involve alternative possibilities. Whereas typically it might be thought that regulative and guidance control go together, the Frankfurt-type cases show that they are separate and distinct sorts (...) of control. And, whereas typically it is thought that moral responsibility requires regulative control, we claim that moral responsibility—for actions, omissions, and consequences—simply requires guidance control. Thus, although we do not believe that moral responsibility requires alternative possibilities, we preserve the traditional association of moral responsibility with control. (shrink)

This chapter will argue that the criminal law is most compatible with a specific theory regarding the mind/body relationship: non-eliminative reductionism. Criminal responsibility rests upon mental causation: a defendant is found criminally responsible for an act where she possesses certain culpable mental states (mens rea under the law) that are causally related to criminal harm. If we assume the widely accepted position of ontological physicalism, which holds that only one sort of thing exists in the world – physical (...) stuff – non-eliminative reductive physicalism about the mind offers the most plausible account of the full-bodied mental causation criminal responsibility requires. Other theories of the mind/body relationship, including elminativism and non-reductive physicalism, threaten criminal responsibility because they do not offer satisfactory accounts of mental causation. Eliminativism, as the name implies, eliminates the mental or is skeptical that it can do the causal work necessary to responsibility; and non-reductive theories disconnect the mental from the physical/casual world such that the mental can no longer have reliable causal effects. (shrink)

David Shoemaker has recently defended a response-dependent view of moral responsibility. We critically discuss some aspects of Shoemaker's view.

Drawing upon the theory of virtue ethics, this study builds a decision tree predictive model to explore the anticipated impact of good traits on socially responsible consumption. Using R statistical software, we generate a classification tree and cross-validate the model on two independent datasets. The results indicate that the virtuous traits of self-efficacy, courage, and self-control, as well as the personality traits of openness and conscientiousness, predict socially responsible purchase and disposal behavior. Remarkably, the largest segment of socially responsible (...) consumers in the study scored high in self-efficacy and openness. This result suggests that marketers should focus on these good traits when creating advertisements to encourage sustainable consumption. Our study contributes to enhancing knowledge about the social and psychological aspects of the sustainability movement and provides a new analytical approach to predicting socially responsible consumption. (shrink)

Elvira Basevich, Martin Sticker, and Helga Varden offered generative criticism of my monograph, Kant’s Theory of Labour. In this response, I explore how the resources they offer for thinking about gender, labour, and the state’s responsibility to ensure the material conditions of freedom can deepen both our attentiveness to patterns of systemic injustice in Kant’s political philosophy, and the resources Kant offers for addressing contemporary patterns of intersectional and material injustice.

I challenge the adequacy of David Brink’s “master principle” of culpability. I allege that it fails to account for the moral relevance of ignorance of wrongdoing. I describe three cases in which I believe that Brink’s theory of normative competence cannot account for the significance of a variable that bears on culpability. In most of this paper I attempt to anticipate and reply to the various responses Brink might offer to my challenge.

No one has done more than John Martin Fischer and Mark Ravizza to advance our understanding of the important dispute in the theory of responsibility between structuralists and historicists. This makes it all the more important to take the measure of Responsibility and Control, their most recent contribution to the historicist side of the discussion. In this paper I examine some novel features of their most recent version of responsiblity-historicism, especially their new notions of "moderate reasons-responsiveness" and (...) "ownership-of-agency." Fischer and Ravizza intend these new elements to solve two problems untouched by earlier versions of their theory: the "problem of strange preference patterns" and the "reasons-responsiveness problem of induction." I argue that they cannot solve these problems within the theoretical strictures they place upon themselves, namely a minimalist meta-ethics of value and practical reason, and attention only to certain formal features of preference-acquisition. I conclude that historicist compatibilists cannot hope to meet the challenge of structuralist compatibilism, from the one side, and of incompatibilism, from the other, unless they take on the full task of accounting for the difference between the child's acquisition of autonomous substantive preferences and values and her acquisition of heteronomous ones. (shrink)

Is moral responsibility essentially historical? Consider two agents qualitatively identical with respect to all of their nonhistorical properties just prior to the act of A-ing. Is it possible that, due only to differences in their respective histories, when each A-s only one A-s freely and is morally responsible for doing so? Nonhistorical theorists say “no.” Historical theorists say “yes.” Elsewhere, I have argued on behalf of philosophers like Harry G. Frankfurt that nonhistorical theorists can resist the historical theorists’ case (...) against them, and that, therefore, a nonhistorical thesis remains a live option. Nevertheless, I have remained officially agnostic in this debate, as I acknowledge the pull of the competing considerations speaking on behalf of each view. In what follows, I turn from defending the nonhistorical position to fashioning a new historical theory, a relatively modest one that captures what is especially gripping about the kinds of examples that seem to commend an historical conclusion. (shrink)

Despite his strong commitment to the ideal of _wuwei_ statecraft, Mencius advanced a distinct yet cohesive theory of Confucian _youwei_ statecraft that can serve the ideal of _wuwei_, first by means of the principled application of individual and social responsibility under unfavorable socioeconomic conditions, and second by offering a concrete public policy (i.e. the well-field system) that contributes to a decent socioeconomic condition on which the society can be self-governing and where individuals (and families) can fully exercise their (...) individual moral and socioeconomic responsibility. My central claim is that Confucian _wuwei_ statecraft has a practical and social background, namely, a socioeoconomically and morally self-governing civil society. (shrink)

This book develops an intersectional feminist approach to moral responsibility. It accomplisheses four main goals. First, it outlines a concise list of the main principles of intersectional feminism. Second, it uses these principles to critique prevailing philosophical theories of moral responsibility. Third, it offers an account of moral responsibility that is compatible with the ethos of intersectional feminism. And fourth, it uses intersectional feminist principles to critique culturally normative responsibility practices. -/- This is the first book (...) to provide an explicitly intersectional feminist approach to moral responsibility. After identifying the five principles central to intersectional feminism, the author demonstrates how influential theories of responsibility are incompatible with these principles. She argues that a normatively adequate theory of blame should not be preoccupied with the agency or traits of wrongdoers; it should instead underscore, and seek to ameliorate, oppression and adversity as experienced by the marginalized. Apt blame and praise, according to her intersectional feminist account, is both communicative and functionalist. The book concludes with an extensive discussion of culturally embedded responsibility practices, including asymmetrically structured conversations and gender- and racially biased social spaces. -/- An Intersectional Feminist Approach to Moral Responsibility presents a sophisticated and original philosophical account of moral responsibility. It will be of interest to philosophers working at the crossroads of moral responsibility, feminist philosophy, critical race theory, queer theory, critical disability studies, and intersectionality theory. (shrink)

The problem of human freedom have been addressed by al-Mutakallimūn (Islamic theologians) in the context of human acts and discussed from the point of view its relation with the will and other elements. At this point, whether the human has will and power in his own act, the limits of his will and power, the role of human in the act and his responsibilities have prompted to different debates. The theory of tawlīd put forward by Mu‘tazila is very crucial (...) in terms of determining the scope and limits of the freedom of human in acts. Mu‘tazila’s tawlīd theory defenses based on two important reasons. The first is to present the nature and limits of the acts that man did them outside himself. The other is to explain the relationship of human with such acts with regards to moral responsibility. Because both issues are very important in the principle of justice of Mu‘tazila. The effort to put the cause-effect relationship of human with his acts in terms of tawhīd and justice on the rational and moral ground is the reason for emergence of the theory. In this respect, the purpose of this theory which enables establishing a causality relationship between the human act and nature is aimed at the justification of freedom and responsibility between agent (fā‘il) and act.In this study, firstly, the definition of the concept of tawlīd and its meaning area have been presented and tackled the discussions about the agent of indirect acts. And then it has been discoursed upon the criticisms of Ahl al-Sunna about the subject of tawlīd. The subject has been outlined in the context of the intellectual discussion between Ahl al-Sunna and Mu‘tazila which constitute the dominant part of theological dispute tradition. In this respect, the main purpose of the study is to reveal how the limits of indirect actions belonging to human by force of freedom and moral responsibility are drawn and understood.Although they did not have a uniform thought about the topic, Mu‘tazila theologians who accepted semi-determinism in the theory of tawlīd acknowledged the existence of natures in the substances. Those who admitted the reason as a means of the act did not approve this. By accepting the continuity of the accidents in the acts, they twisted together the voluntary acts and the natural acts, and accepted that directly acts were realized through the human will and the other according to the principle of necessity. According to Mu‘tazila, causes are only means. Hence, the act emerging as a result of the means is the act of the agent who used this means to reach the result, not the means. Therefore, man is the agent of engendered acts and responsible for all kinds of acts that arise as a reflection of the will and their consequences. While Ahl al-Sunna has directly associated the action of man and all its consequences with the power of Allah, Mu‘tazila has based these actions on the power of man, which Allah has created in man and has been the source of the acts. Contrary to Mu‘tazila, the continuance of power which are not a constant accident is not possible for a second act from the point of Ahl al-Sunna since they have accepted the idea that the accidents will not be continuous. In this respect, according to Ahl al-Sunna, there is no compulsory relationship between the agent that caused the formation of the acts and the result supervening from them. They did not accept the idea of tawlīd, which its meaning is that accident gives birth to accident, because it would oblige the relationship between cause and effect. Because this relationship, which Mu‘tazila gives the name of tawlīd in human acts, is made up for that Allah has created His laws right after the orientation of human to the cause. In this respect, Ahl al-Sunna thinkers rejected tawlīd because it would mean attributing an act to an inanimate being and require a mandatory relationship between cause and effect in the functioning of the universe. Although the result does not occur with his own act when the person applies to the cause, he is responsible for his act because it is related to the person who did it. Māturīdī tradition did not accept the acts that emerged as a result of tawlīd as the production of man, but they tried to establish a balance by holding the person responsible because he is the reason for the outcome that emerged. As for the Ash‘arites, they avoided giving a real effect of the will and power to the causes by considering that created will and power is only a locus in the emergence of the act. The person has no effect on his act except for directing his will to that act and his behavior which will make the person responsible is based on this will. (shrink)

Professor Brenda Baker's recent critique of the Canadian Law Reform Commission's treatment of general standards for criminal liability adds to a growing body of critical theory concerning such standards and their relation to criminal justice. From within the perspective of this same critical movement, I assess the strengths and weaknesses of Professor Baker's efforts and of similar lines of argument in the work of Professor George Fletcher. I find two significant flaws in their shared approach. The first is confusion (...) as to the proper level for analysis of liability standards and, hence, for criticism of the "orthodox" view. This leads Professors Baker and Fletcher to concentrate on issues of culpability rather than responsibility (and to conflate these issues). The second flaw is an error in comprehension of the faults of the orthodox view and, hence, in recognition of the fundamental character of views opposed to that orthodoxy. This leads both theorists to overemphasize a suspect and unilluminating distinction between normative and descriptive approaches to liability problems. The rest of the article is devoted to an overview of my own approach to problems of liability and a general critique of the orthodox view in light of that approach. I argue that the fundamental issue is the relation of liability standards to a conception of agent responsibility. The primary fault of orthodoxy lies, then, in the cognitivist model of responsibility on which it relies. Against this, I propose use of a capacities model of responsibility as the basis for standards of liability. These two models are outlined and compared in final sections. (shrink)

Healthcare providers face enormous pressure to save healthcare resources where possible. In this paper I explore the response that we should allocate resources fairly. What is a fair allocation of healthcare resources for children? First, I consider the luck egalitarianism approach of limiting resources to adult patients who are responsible for their conditions. A luck egalitarian distribution of healthcare resources to adults faces significant problems in application. I maintain that when we consider these problems with a focus on the just (...) distribution of healthcare resources to children, we gain valuable insights into the fairness of healthcare allocation for adults. (shrink)

Suppose the principles explaining how the human mind (brain) reaches logical conclusions and judgments were different from – and independent of – thoseinvolved innormatively valid reasoning. Then such principles should affect both conclusion generation and recognition that particular conclusions are or are not justified. People, however, demonstrate a discrepancy between impaired performance in generating logical conclusions as opposed to rather impressive competence in recognizing rational (versus irrational) ones. This discrepancy is hypothesized to arise from often generating an incomplete specification of (...) a logical or judgmental problem when attempting to solve it – versus a recognition of such incompleteness when it is pointed out. The basic argument is developed, with common examples, in the context of specifying or failing to specify all possible combinations in simple logical arguments and is then extended to probabilistic reasoning, where complete versus incomplete specification corresponds to attending to all or to only some components of Bayes theorem-based reasoning. (shrink)

Suppose the principles explaining how the human mind (brain) reaches logical conclusions and judgments were different from – and independent of – thoseinvolved innormatively valid reasoning. Then such principles should affect both conclusion generation and recognition that particular conclusions are or are not justified. People, however, demonstrate a discrepancy between impaired performance in generating logical conclusions as opposed to rather impressive competence in recognizing rational (versus irrational) ones. This discrepancy is hypothesized to arise from often generating an incomplete specification of (...) a logical or judgmental problem when attempting to solve it – versus a recognition of such incompleteness when it is pointed out. The basic argument is developed, with common examples, in the context of specifying or failing to specify all possible combinations in simple logical arguments and is then extended to probabilistic reasoning, where complete versus incomplete specification corresponds to attending to all or to only some components of Bayes theorem-based reasoning. (shrink)