Imagine a moral agent with the native capacity to act rightly in every kind of circumstance. She will never, that is, find herself thrust into conditions she isn’t equipped to handle. Relationships turned tricky, evolving challenges of parenthood, or living in the midst of a global pandemic—she is never mistaken about what must be done, nor does she lack the skills to do it. When we are thrust into a new kind of circumstance, by contrast, we often need time to (...) practice discernment, new forms of compassion, different kinds of courage, or whatever else conditions call for. Unfortunately, such practice usually takes the form of on-the-job training—it is hard to cultivate the skills of an excellent parent, for example, until we actually are parents. Even more unfortunately, on-the-job training basically guarantees mistakes. This paper focuses on errors that (a) cause harm to others, and that (b) we make non-culpably because our skills are (understandably) not yet up to snuff. It argues that agent regret—the attitude singled out for non-culpable failures by much moral philosophy—is inapt in such cases. Rather, we need an attitude I will call stoic determination. (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 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)

The politics of climate change is marked by the fact that countries are dragging their heels in doing what they ought to do; namely, creating a binding global treaty, and fulfilling the duties assigned to each of them under it. Many different agents are culpable in this failure. But we can imagine a stylised version of the climate change case, in which no agents are culpable: if the bad effects of climate change were triggered only by crossing (...) a particular threshold, and it was reasonably, but mistakenly, believed by each country that insufficiently many other countries were willing to cooperate in order for that threshold to remain uncrossed, no country would be required to make a unilateral contribution. Yet even without culpability, we can diagnose a moral ill: the world has gone other than it should have. If not for the mistaken beliefs, there would have been a global climate treaty, and all the avoidance of future suffering that would come with it. In this article I argue that this moral ill has implications for the non-culpable agents, in that it generates duties to disgorge actual holdings over and above the counterpart holdings in the relevant counterfactual: those holdings the agents would have had, were the world to have gone as it should. (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)

In lieu of an abstract, here is a brief excerpt of the content:Environmental Atrocities and Non-Sentient LifeClaudia Card (bio)Environmental Atrocities and Non-Sentient Life1. To Whom (or to What) Can Evils Be Done?Mention of environmental atrocities calls to mind such catastrophes as major oil spills, which ruin the fishing (not to mention the fish) for extended periods. Such carelessness is not simply a disaster to human projects. It destroys or endangers species and ecosystems as well as individual organisms, plant and animal. (...) It pollutes waters that normally sustain life and interferes with the healthy development of new biotic communities. Not all environmental catastrophes result from of failures of attention. Massive deforestation with agent orange by U.S. armed forces during the war in Viet Nam was no accident.If culpably produced, such catastrophes are moral atrocities—major evils—at least to humans and other animals who suffer horribly or die miserable deaths. Intuitively, I lean toward the even stronger judgment that such culpable omissions and deeds are atrocities also in the sense of evils to a great many kinds of life, including non-sentient nature—plants, [End Page 23] species, biotic communities, and ecosystems. But can that intuition be sustained philosophically?To do so may require showing not only that non-sentient lives suffer but also that they create moral constraints. Some argue, using Kenneth Goodpaster's concept "moral considerability" (what a being has if it should receive direct moral consideration), that even non-sentient beings can constrain us morally in virtue of their having interests that give rise to rights or define a good, a wellbeing, that can be harmed.1 "Interests" here cannot refer, of course, to what the organism cares about. They refer, rather, to what it needs in order to survive, do well, even flourish; what is in the organism's interests is what contributes to its good or wellbeing.Yet thinking about evil has led me to distinguish questions of harm from questions of wrong, that is, of moral constraint. It is not always wrong to cause even extreme harm. In this essay I support the more modest thesis that the idea of "intolerable harm" is no barrier to the idea that environmental atrocities can be evils even to non-sentient life. The question remains whether there are other barriers. Evildoers not only cause intolerable harm but are culpably wrong to do it. To whom must that wrong be done? In concluding I turn briefly to that issue, raising more questions than I can currently answer. Some may be disappointed. Yet the limits of my ambitions in this essay do not make them trivial. For any plausible account of environmental atrocities in a sense that includes evil to non-sentient beings must be able to make sense of the idea of doing such entities intolerable harm and should also indicate something of the range of non-sentient beings so vulnerable and in what ways they are vulnerable. These are my present objectives.In my book The Atrocity Paradigm I develop the theory that evils are reasonably foreseeable intolerable harms produced (or supported, aggravated, maintained, and so on) by culpable wrongdoing.2 Taking atrocities, such as genocide, slavery, and saturation bombings of cities, as paradigm evils, I refer to this view as "the atrocity theory" of evils. It both draws on and mediates between stoic and utilitarian approaches to evil. On my theory, evils have two irreducibly distinct components, wrongdoing and harm, linked by causality. Evil is popularly equated with wickedness or moral turpitude. But on the atrocity theory, the depth of harm to victims, rather than perpetrators' motives, is usually what distinguishes evils from other wrongs.The atrocity theory not only focuses attention more on harm than on [End Page 24] wrongdoing but also directs attention to the grossest harms. Some of the worst damage culpably inflicted by human agents has been to the natural environment. Can such damage be downright evil? In my book I indicated that the atrocity theory was intended to make sense of evils done "to many living beings, not just people or even just sentient beings,"3 although I did not defend that idea or work out the details. The present essay attempts a working out of... (shrink)

Many of our attitudes are non-culpable: there was nothing that we should have done to avoid holding them. I argue that we can still be blameworthy for non-culpable attitudes: they can impair our relationships in ways that make our full practice of apology and forgiveness intelligible. My argument poses a new challenge to indirect voluntarists, who attempt to reduce all responsibility for attitudes to responsibility for prior actions and omissions. Rationalists, who instead explain attitudinal responsibility by appeal to (...) reasons-responsiveness, can make sense of blameworthiness for non-culpable attitudes. In response, voluntarists could propose a revision of our actual practices. This would lead us into a quite different debate. (shrink)

This chapter contains sections titled: Background on the Problem: Intrusion, Unjust Infringement, and Enforcement Rights Intrusion‐Harm Reduction Sufficient Conditions for Enforcement Rights against Non‐Culpable Non‐Just Intrusions A Defence Conclusion.

I articulate and defend a principle governing enforcement rights in response to a non‐culpable non‐just rights‐intrusion (e.g., wrongful bodily attack by someone who falsely, but with full epistemic justification, believes that he is acting permissibly). The account requires that the use of force reduce the harm from such intrusions and is sensitive to the extent to which the intruder is agent‐responsible for imposing intrusion‐harm.

Left and right libertarians alike are attracted to the thesis of self-ownership because, as Eric Mack says, they ‘believe that it best captures our common perception of the moral inviolability of persons’. Further, most libertarians, left and right, accept that some version of the Lockean Proviso restricts agents’ ability to acquire worldly resources. The inviolability of SO purports to make libertarianism more appealing than its egalitarian counterparts, since traditional egalitarian theories cannot straightforwardly explain why, e.g. forced organ donation and forced (...) labor are serious wrongs even when they generate more equitable outcomes or benefit the greater good. I argue that, when SO is coupled with LP, this appeal is unfounded. SO, as usually construed, allows for the possibility of justified incursions of non-culpable agents up to and including forced organ donation. I conclude by considering a few possible responses on behalf of the libertarian, assessing each one’s plausibility. (shrink)

In this paper I consider what a person who finds herself religiously incapacitated ought to do. More specifically, I address people who have come to God asking for bread, but who seem to have received stones and serpents in its place. This is a manifestation of the phenomenon that I call religious trauma. My goals in this paper are twofold. First, I aim to demonstrate that, because religious trauma can be genuinely religiously incapacitating, (1) it can result in non-culpable (...) failure to worship God, and (2), if ought implies can, a religious trauma survivor may find themself in a position where they ought to deconvert, whether or not the individual’s religion is true. My second goal in this paper is to illustrate that religious trauma deserves serious consideration from philosophers and theologians. (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)

According to influential view, using the criminal law against innocent actions or agents is wrong. In this paper, I consider four related arguments against this view: a debunking argument that suggests that the intuitive appeal of this view may be due to a conflation of different ideas; a counterexamples argument that points out that there are many cases in which using the criminal law against innocent actions ("non mala" actions that are not even "mala prohibita") or agents is justified; a (...) theoretical argument, according to which the force of the reasons for and against using the criminal law is a matter of degree and it is therefore implausible to hold that the latter always defeat the former; and an analogy argument, which holds that it is implausible to maintain that harming innocents is often justified in other contexts but (almost) never in the context of the criminal law. (shrink)

I defend a modified rights-based unjust threat account for morally justified killing in self-defense. Rights-based moral justifications for killing in self-defense presume that human beings have a right to defend themselves from unjust threats. An unjust threat account of self-defense says that this right is derived from an agent’s moral obligation to not pose a deadly threat to the defender. The failure to keep this moral obligation creates the moral asymmetry necessary to justify a defender killing the unjust threat (...) in self-defense. I argue that the other rights-based approaches explored here are unfair to the defender because they require her to prove moral fault in the threat. But then I suggest that the unjust threat account should be modified so that where the threat is non-culpable or only partially culpable, the defender should seek to share the cost and risk with the threat in order for both parties to survive. (shrink)

A significant challenge faces any ethic that endorses the view that divine commands are sufficient to impose moral obligations; in this paper, I focus on Kierkegaard's ethic, in particular. The challenge to be addressed is the "modernized" problem of Abraham, popularized especially by Fear and Trembling: the dilemma that an agent faces when a being claiming to be God issues a command to the agent that, by the agent's own lights, seems not to be the kind of command that a (...) loving God would issue. Against a solution to this problem proposed by C. Stephen Evans in Kierkegaard's Ethic of Love, I argue that Kierkegaard regards this scenario as never actually resulting in a fully responsible agent's performance of some horrendous action on account of her non-culpable misinterpretation of God's will and/or failure to discern correctly whether a perceived moral imperative truly is divine in origin. (shrink)

To reliably choose morally sound policies, whether as a society or as an individual, will typically require a deep and wide-ranging base of relevant knowledge. In this paper I consider the epistemic demands for morally sound action and policy in the Anthropocene age. I argue that these demands are likely to be unsatisfied, leading to a potential downward spiral of ineffective action in the face of worsening conditions; this seems a strong possibility both for individual lives, and for societies as (...) a whole. Given the likely scale of ignorance in the face of rapid, poorly-understood change, the best efforts of future generations to act morally may often be little more than guesses, with a far lower chance of success than in more stable conditions. If moral failures mount, and conditions continue to deteriorate, our epistemic efforts seem likely to be pressured and subject to various biases, leading to further errors and failures. Our ability to live virtuously and to act rightly is likely to be put under severe strain in the Anthropocene. Our approach to ethics will likely need to change to the extent that, for a wide range of cases, we will not know what the right action to perform will be; we will typically be acting without such moral knowledge. Instead, we must come to expect to merely act non-culpably at best, with many errors and false starts along the way. The final section of my paper addresses ways in which we might attempt to address or mitigate these worries. (shrink)

This paper merges the non-expected utility approach (Tversky and Kahneman, J Risk Uncertain 5:297–323, 1992 and Quiggin, J Econ Behav Organ 3:323–343, 1982) into Akerlof’s (Quart J Econ 84:488–500, 1970) model of Market for Lemons. We derive the results for different probability weighting functions and analyze the phenomenon of market failure in light of non-expected utility maximization. Our main finding suggests that when the proportion of traded lemons is high (low), the problem of market failure is mitigated (enhanced). (...) In addition, for the case of Cumulative Prospect Theory, we show that (a) the higher the loss aversion is, the more pronounced is the market failure; (b) gain-domain elevation is negatively related to the extent of market failure; and (c) the value function is (i) negatively monotonic in the gain-domain diminishing sensitivity parameter when the market is characterized by a high proportion of “peaches,” and (ii) positively monotonic in the loss-domain diminishing sensitivity parameter when the market is characterized by a high proportion of “lemons.”. (shrink)

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)

Moral Failure: On the Impossible Demands of Morality asks what happens when the sense that "I must" collides with the realization that "I can't." Bringing together philosophical and empirical work in moral psychology, Lisa Tessman here examines moral requirements that are non-negotiable and that contravene the principle that "ought implies can.".

This article introduces a non-human version of the non-identity problem and suggests that such a variation exposes weaknesses in several proposed person-focused solutions to the classic version of the problem. It suggests first that person-affecting solutions fail when applied to non-human animals and, second, that many common moral arguments against climate change should be called into question. We argue that a more inclusive version of the person-affecting principle, which we call the ‘patient-affecting principle’, captures more accurately the moral challenge posed (...) by the non-identity problem. We argue further that the failure of person-affecting solutions to solve non-human versions of the problem lend support to impersonal solutions to the problem which avoid issues of personhood or species identity. Finally, we conclude that some environmental arguments against climate change that rely on the notion of personal harm should be recast in impersonal terms. (shrink)

Apology is arguably the central act of the reparative work required after wrongdoing. Claudia Card’s (1940-2015) analysis of complicity in collectively perpetrated evils moves one to ask whether apology ought to be requested of persons culpably complicit in institutional evils. To better appreciate the benefits of and barriers to apologies offered by culpably complicit wrongdoers, this article examines doctors’ complicity in a practice that meets Card’s definition of an evil, namely, the non-medically necessary, nonconsensual “normalizing” interventions performed on babies born (...) with intersex anatomies. It argues that in this instance, the complicity of doctors is culpable on Card’s terms, and that their culpable complicity grounds rightful demands for them to apologize. (shrink)

Joseph Heath (2014) argues that the contribution of competitive markets to Pareto-efficiency generates moral constraints that apply to business managers. Heath argues that ethical behavior on the part of management consists in avoiding profit-seeking strategies which, under conditions of perfect competition, would decrease Pareto-efficiency. I argue that because (1) such conditions do not obtain; and (2) the most efficient result – under imperfect conditions – is not achieved by satisfying the largest possible set of the remaining conditions; it is (3) (...) impossible to draw any substantive ethical guidelines from Heath’s approach. (shrink)

Doug Husak suggests that sometimes an actor should be deemed reckless, and not merely negligent, with respect to the risks that she knowingly created but has forgotten at the moment of action. The validity of this conclusion, he points out, depends crucially on what it means to be aware of a risk. Husak’s neutral prompt and counterfactual actual belief criteria are problematic, however. More persuasive is his suggestion that we understand belief, in this moral and criminal law context, as a (...) concept whose meaning is determined by its function as a culpability standard. Husak concludes that inadvertent actors are often less culpable than knowing-but-later-forgetful actors; this is plausible, but there are also numerous counterexamples. Holly Smith focuses on negligence cases in which an agent’s failure to notice a risk stems, not from a prior culpable choice, but from an objectionable attitude or set of attitudes. She is right to emphasize that genuine moral culpability does not depend on conscious choice. However, Smith also asserts that decisions that flow from an actor’s objectionable attitudes are only rarely culpable, because they often do not arise from a reasonably full configuration of the actor’s motives. This last requirement is, I fear, an unrealistic and unnecessarily demanding criterion of culpability. Even when many of the actor’s evaluative attitudes are inactive in Smith’s sense, the actor might deserve blame for not bringing them to bear on his decision. Michael Moore and Heidi Hurd thoroughly explore, and find deficient, H.L.A. Hart’s unexercised capacity theory of negligence. They are correct that that theory requires a further judgment: an actor’s inadvertence is culpable only if he had the capacity to have adverted if X where X is the source of the actor’s moral desert. They overstate, however, in suggesting that the capacity issue falls out of the picture once we identify that underlying desert basis. The authors also worry that if desert is grounded on an underlying vice, we lack a reliable way of ranking the different vices that might explain the actor’s inadvertence; this is not a fatal objection, however, because negligence determinations are quite feasible even in the absence of clear rankings. Moore and Hurd conclude by identifying eight distinct categories in which criminal liability for negligence is justifiable. Negligence is indeed a surprisingly complex and pluralist concept. The three articles in this symposium brightly illuminate some of the most fundamental conceptual and normative issues in the debate over whether it is just to blame and punish the negligently inadvertent. (shrink)

I evaluate non-factive or truth-insensitive accounts of the ordinary concepts used to evaluate beliefs, evidence, assertions, and decisions. Recent findings show that these accounts are mistaken. I propose three hypotheses regarding how philosophers defending these accounts got things so wrong. I also consider one potential consequence for the discipline.

"The pursuit of science by professional scientists every day bears less and less resemblance to the perception of science by the general public. It is not the rule-based, methodical system for accumulating facts that dominates the public view. Rather it is the idiosyncratic, often bumbling search for understanding in mostly uncharted places. It is full of wrong turns, cul-de-sacs, mistaken identities, false findings, errors of fact and judgment-and the occasional remarkable success. The widespread but distorted view of science as infallible (...) originates in an education system that teaches nothing but facts using very large, very frightening textbooks, and is spread by media that report on discoveries but almost never on process. It is further reinforced by politicians who pay for it and want to use it to determine policy and therefore want it right and, worst of all, sometimes by scientists who learn early on that talking too much about failures and not enough about successes can harm their careers. Failure, then, is a book that seeks to make science more appealing by exposing its faults. In this sequel to Ignorance, Stuart Firestein shows us that scientific enterprise is riddled with failures, and that this is not only necessary but good. Failure reveals how science got its start, when humans began to use a process-trial and error-as a kind of recipe that includes a hefty dose of failure. It gives the non-scientifically trained public an insider's view of how science is actually done, with the aim of making it accessible, comprehensible, and entertaining."--Publisher description. (shrink)

Apology is arguably the central act of the reparative work required after wrongdoing. The analysis by Claudia Card of complicity in collectively perpetrated evils moves one to ask whether apology ought to be requested of persons culpably complicit in institutional evils. To better appreciate the benefits of and barriers to apologies offered by culpably complicit wrongdoers, this article examines doctors’ complicity in a practice that meets Card's definition of an evil, namely, the non-medically necessary, nonconsensual “normalizing” interventions performed on babies (...) born with intersex anatomies. It argues that in this instance the complicity of doctors is culpable on Card's terms, and that their culpable complicity grounds rightful demands for them to apologize. (shrink)

Because they track the Model Penal Code, current criminal law formulations of risk offenses typically fail to distinguish the rule of conduct question—What risks does the criminal law prohibit?—from the adjudication question — When is a particular violator’s conscious disregard of, or his inattentiveness to, a risk in a particular situation sufficiently condemnable to deserve criminal liability? Instead, the formulations address only the second question — through their definition of reckless and negligent culpability — and fail to provide a rule (...) of conduct provision to define a prohibited risk. This reliance upon culpability definitions as the core of risk-creation offense definitions is problematic because it fails to announce a useable conduct rule that describes those risks the law prohibits. Instead, this approach subjectivizes the definition of prohibited risks. What may be held "reckless" or "negligent" for one person may not be "reckless" or "negligent" for another person in the identical situation — an effect that strips case adjudications of their value in educating the community as to risks that the rules of conduct prohibit. Current risk-creation offenses also are problematic because they make results — including the creation of a prohibited risk — irrelevant to criminal liability. While this is consistent with the Model Code’s view that resulting harm is insignificant, that only culpable state of mind ought to affect liability, it is inconsistent with the view of most state code drafters. Thus, while the Model Code grades offenses without regard to whether a prohibited risk in fact is created, most state codes logically would want to grade lower in the absence of a prohibited risk. These two fundamental problems—the failure to distinguish conduct rules and adjudication rules and the confusion over the significance of results — are related. The Model Penal Code’s general failure to distinguish conduct and adjudication rules made it less likely that state code drafters would notice what they would have seen as the Code’s inappropriate subjectivization of risk and risk offenses. If the Model Code had systematically segregated conduct and adjudication rules, it would have been more obvious to state code drafters that the Code’s formulation of risk-creation offenses was one that they could not accept. (shrink)

I outline a discourse-based account of presuppositions that relies on insights from the writings of Peter Strawson, as well as on insights from more recent work by Robert Stalnaker and Barbara Abbott. One of the key elements of my account is the idea that presuppositions are “assertorically inert”, in the sense that they are background propositions, rather than being part of the “at issue” or asserted content. Strawson is often assumed to have defended the view that the falsity of a (...) presupposition leads to catastrophe, in the sense that a false presupposition “wrecks the assertive enterprise”. I argue that the discourse-based account in terms of assertoric inertia can explain how cases of presupposition failure can sometimes be non-catastrophic; there are cases in which the assertive enterprise operates smoothly, despite presupposition failure. The chief problem facing this line of argument is to account for cases in which presupposition failure is catastrophic. If presuppositions are assertorically inert, then how can their falsity ever wreck the assertive enterprise? I offer a principled account that delineates the circumstances in which false presuppositions are, and those in which they are not, catastrophic. (shrink)

Craig's interpolation theorem fails for the propositional logics E of entailment, R of relevant implication and T of ticket entailment, as well as in a large class of related logics. This result is proved by a geometrical construction, using the fact that a non-Arguesian projective plane cannot be imbedded in a three-dimensional projective space. The same construction shows failure of the amalgamation property in many varieties of distributive lattice-ordered monoids.

Recently in Porter v. McCollum, the United States Supreme Court, citing “a long tradition of according leniency to veterans in recognition of their service,” held that a defense lawyer’s failure to present his client’s military service record as mitigating evidence during his sentencing for two murders amounted to ineffective assistance of counsel. The purpose of this Article is to assess, from the just deserts perspective, the grounds to believe that veterans who commit crimes are to be blamed less by (...) the State than offenders without such backgrounds. Two rationales for a differential treatment of military veterans who commit crimes are typically set forth. The Porter Court raised each, stating that we should treat veterans differently “in recognition of” both “their service” and “the intense stress and mental and emotional toll” of combat. The former factor suggests there being a “social contributions” or gratitude-based discount, whereas the latter factor points towards a “mental disturbance” discount. This Article analyzes the two accounts and raises some doubts about both. This Article then argues that a military veteran who commits a crime should not be blamed to the full extent of his blameworthiness, not necessarily because of his mental capacity nor because of his social contribution, but because the State’s hand in producing his criminality undermines its standing to blame him. (shrink)

I briefly introduce Moral Failure as a book that brings together philosophical and empirical work in moral psychology to examine moral requirements that are non-negotiable and that contravene the principle that “ought implies can.” I respond to Rivera by arguing that the process of construction that imbues normative requirements with authority need not systematize or eliminate conflicts between normative requirements. My response to Schwartzman clarifies what is problematic about nonideal theorizing that limits itself to offering action-guidance. In response to (...) Kittay, I defend my rejection of “ought implies can,” and consider the implications of the concept of unfair moral requirements. (shrink)

Previous research reported that college students' symbolic addition and subtraction fluency improved after training with non-symbolic, approximate addition and subtraction. These findings were widely interpreted as strong support for the hypothesis that the Approximate Number System (ANS) plays a causal role in symbolic mathematics, and that this relation holds into adulthood. Here we report four experiments that fail to find evidence for this causal relation. Experiment 1 examined whether the approximate arithmetic training effect exists within a shorter training period than (...) originally reported (2 vs 6 days of training). Experiment 2 attempted to replicate and compare the approximate arithmetic training effect to a control training condition matched in working memory load. Experiments 3 and 4 replicated the original approximate arithmetic training experiments with a larger sample size. Across all four experiments (N = 318) approximate arithmetic training was no more effective at improving the arithmetic fluency of adults than training with control tasks. Results call into question any causal relationship between approximate, non-symbolic arithmetic and precise symbolic arithmetic. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Vice, Disorder, Conduct, and CulpabilityStephen J. Morse (bio)Keywordsvice, conduct, culpability, mental disorderDr. John sadler’s interesting paper raises an important issue. It defines vice as criminal, wrongful or immoral behavior. He claims that the Diagnostic and Statistical Manual of Mental Disorders (DSM) “confounds the concepts of vice and mental illness” and that this confounding has “important implications... for the relationship between crime, criminality, wrongful conduct, and mental illness.” The paper (...) correctly notes that disorders for which vice is the primary criterion tend to be impoverished diagnostically and are probably less valid than non–vice-related disorders. Dr. Sadler wonders if the subjects of his case studies are “involved in sick behavior, immoral behavior, both, neither, or some other metaphysical kind altogether.” This is an excellent question that this comment will seek to clarify. It will also consider the moral and legal implications of the answer.The domain of immoral, wrongful, and criminal behavior is essentially action. Some moral and religious traditions evaluate the content of an agent’s thoughts, desires, and character, but the dominant view is that vice primarily describes action that is wrongful because it violates the rights of others or it is wrong in itself. The rules of morality and law create value, but their essential task is to guide the action of agents who must live together. Dr. Sadler does not explicitly recognize that the diagnostic criteria that are vice are all actions, and not simply abnormal perceptions, desires, thoughts, or moods. His three case studies of conduct disorder, factitious disorder, and paraphilia confirm this point. Even pedophilia, which can be diagnosed simply on the basis of urges or fantasies that cause marked distress or interpersonal difficulty, would not be considered a vice unless the agent acted on these sexual urges. Those individual actions that meet Dr. Sadler’s criteria for vice I will term “vice actions.”Actions, including vice actions, may be evaluated medically and morally. There is no logical or conceptual reason why the same action cannot be both a sign of mental disorder and wrongful and potentially blameworthy. Actions can be just mad, just bad, or mad and bad. Also, the same action may sometimes be a sign of disorder and sometimes not. No general argument suggesting the contrary is provided. Consequently, there is no confound between the concepts of vice and mental disorder unless vice actions fail to satisfy the generic criteria for being a sign of mental disorder. Dr. Sadler seems to implicitly recognize [End Page 47] this when he asks whether vice–mental disorder relationship criteria are impoverished because there is a lack of consensus about “the minimum requirements for an acceptable set of descriptive criteria for a mental disorder category,” or when he asks “where criminal syndromes... fit into a classification of mental disorders.”No consensual, generic definition of mental disorder exists, and deciding whether actions should be signs of mental disorder is particularly fraught because cultural context and values always play a role in the definition of mental disorder. The other potential signs and symptoms of mental disorder are virtually all phenomena that simply happen to people and are not products of agency. Actions are by definition the product of agency, however, and vice actions affect by definition the rights and interests of others. The latter is true whether or not the agent is “vicious.” Even if an agent who has done wrong is excused, the rights of the victim have been violated.Moral, political, and legal evaluation is largely beside the point for non-action signs and symptoms, but it is always on point for vice actions. This is the primary potential source of the confound between vice and disorder. To claim that a vice action is a sign of disorder because it is vice begs the question and is indeed a confound. Even the presence of a biological marker will not save this claim. All human action presumably has biological markers and one cannot say that a marker is of a disorder without first having an independent definition of disorder that the vice action satisfies.Until a robust theory of mental disorder is provided, we cannot determine whether a vice action is... (shrink)

Although a large number of studies have explored the main causes of gender inequality in academia, less attention has been given to the processes underlying the failure of gender equality initiatives to enhance gender representation, especially at the professorial level. We offer a critical discourse analysis of recently promulgated gender policy documents of the five Flemish universities, and demonstrate that defensive institutional work is a fundamental process underlying resistance to gender equality in the academic profession. That is, powerful organizational (...) actors resist gender change by intentionally deploying a combination of discursive strategies that legitimate what we describe as non–time-bound gender equality initiatives: The expected outcomes are undetermined in time, and they delegitimate concrete, time-bound measures that define specific outcomes against well-defined deadlines. By explicitly bringing a temporal dimension into our analysis, we argue that defensive institutional work deflects questions regarding what ought to be achieved when, and contributes to the slow pace of gender change in academia. (shrink)

Pereboom has formulated a Frankfurt-style counterexample in which an agent is alleged to be responsible despite the fact that there are only non-robust alternatives present (Pereboom, Moral responsibility and alternative possibilities: essays on the importance of alternative possibilities, 2003; Phil Explor 12(2):109–118, 2009). I support Widerker’s objection to Pereboom’s Tax Evasion 2 example (Widerker, J Phil 103(4):163–187, 2006) (which rests on the worry that the agent in this example is derivatively culpable as opposed to directly responsible) against Pereboom’s recent (...) counterarguments to this objection (Pereboom 2009). Building on work by Moya (J Phil 104:475–486, 2007; Critica 43(128):3–26, 2011) and Widerker (Widerker 2006), I argue that there is good reason to measure the robustness of alternatives in terms of comparative, rather than non-comparative likelihood of exemption, where the important factor for blame is whether the agent is “doing her reasonable best” to avoid blameworthy behaviour. I maintain that an agent only ever appears responsible when alternatives are robust in this sense. In Pereboom’s examples, both Tax Evasion 2, and his more recent version, Tax Evasion 3 (Pereboom 2009), I maintain the robustness of the alternatives, so understood, is unclear. We can clear up any ambiguity by sharpening the examples, and the result is that the agent appears responsible when the alternatives are made clearly robust, and does not appear responsible when alternatives appear clearly non-robust. The comparative nature of our judgements about blame, I maintain helps to explain the continuing appeal of the “leeway-incompatibilist” viewpoint. (shrink)

Failure, success's ugly sister, is inevitable - cognitively, biologically and morally. We all make mistakes, we all die, and we all get it wrong. A chain of flaws can be traced through all phenomena, natural and human. We see impending and actual failures in individual lives, in marriages, careers, in religion, education, psychotherapy, business, nations, and in entire civilizations. And there are chronic and imperceptible failures in everyday domains that most of the time we barely notice, often until it (...) is too late. Colin Feltham expores what constitutes failure across a number of domains. He takes guidance from the work of such diverse philosophers and thinkers as Diogenes, Epictetus, Augustine, Schopenhauer, Kierkegaard, Heidegger, Sartre, Camus, Cioran and Ricoeur, while also drawing on the insights of artists and writers such as van Gogh, Arthur Miller, Philip Larkin, Samuel Beckett, Charles Bukowski and Philip Roth. Precursors and partial synonyms for failure can be seen in the concepts of hamartia, sin, fallenness, non-being, false consciousness and anthropathology. Philosophy can help us but is itself, in its reliance on language and logic, subject to inherent flaws and failures. It is the very pervasiveness yet common denial of failure which makes it a compelling topic that cries out for honest analysis. We live in a time when the cliche of failed Marxism may be segueing frighteningly into the failure of 'selfish capitalism', in a time of geopolitical uncertainty and failure to address the dire need for agreement and action on climate change. But many of us are also painfully aware of our own shortcomings, our own weakness of will and lack of authenticity. Trying to identify where the lines may be drawn between individual responsibility, social policy, and historical and biological dark forces is a key challenge in this fascinating book. (shrink)

While we may not be able simply to choose what we believe, there is still scope for culpability for what we come to belief. I explore here the distinction between culpable and non-culpable theistic unbelief, investigating the process of self-deception to which we can voluntarily contribute in cases where we do become culpable for failing to believe something.

Under the “Willful Ignorance Principle,” a defendant is guilty of a crime requiring knowledge he lacks provided he is ignorant thanks to having earlier omitted inquiry. In this paper, I offer a novel justification of this principle through application of the theory that knowledge matters to culpability because of how the knowing action manifests the agent’s failure to grant sufficient weight to other people’s interests. I show that, under a simple formal model that supports this theory, omitting inquiry manifests (...) precisely the same degree of disregard of others’ interests as manifested in knowingly acting criminally. Several surprising implications of this view are described, including that when the agent’s method of inquiry has a non-zero false positive rate, his omission of inquiry does not make the same contribution to his culpability as knowledge, while it does, by contrast, when the false negative rate is non-zero. (shrink)

How are non-declarative sentences understood? How do they differ semantically from their declarative counterparts? Answers to these questions once made direct appeal to the notion of illocutionary force. When they proved unsatisfactory, the fault was diagnosed as a failure to distinguish properly between mood and force. For some years now, efforts have been under way to develop a satisfactory account of the semantics of mood. In this paper, we consider the current achievements and future prospects of the mood-based semantic (...) programme. (shrink)

This paper presents and motivates a new philosophical and logical approach to truth and semantic paradox. It begins from an inferentialist, and particularly bilateralist, theory of meaning---one which takes meaning to be constituted by assertibility and deniability conditions---and shows how the usual multiple-conclusion sequent calculus for classical logic can be given an inferentialist motivation, leaving classical model theory as of only derivative importance. The paper then uses this theory of meaning to present and motivate a logical system---ST---that conservatively extends classical (...) logic with a fully transparent truth predicate. This system is shown to allow for classical reasoning over the full (truth-involving) vocabulary, but to be non-transitive. Some special cases where transitivity does hold are outlined. ST is also shown to give rise to a familiar sort of model for non-classical logics: Kripke fixed points on the Strong Kleene valuation scheme. Finally, to give a theory of paradoxical sentences, a distinction is drawn between two varieties of assertion and two varieties of denial. On one variety, paradoxical sentences cannot be either asserted or denied; on the other, they must be both asserted and denied. The target theory is compared favourably to more familiar related systems, and some objections are considered. (shrink)

I argue for a conciliationist treatment of peer disagreement, on the grounds that the evidence that non-conciliatory theorists point to--the evidence that conciliatory-friendly independence principles would rule out--bears a troubling relation to accuracy. Namely, we can anticipate that trying to respond to it is a bad deal with respect to our expected accuracy. I consequently argue that we shouldn't try to respond to it. Instead we should ignore it, and be conciliationists.

A brief overview is provided of sociological and historical critiques of Western psychiatry before focusing on pre-empirical, non-empirical and empirical aspects of psychiatric diagnosis. These are then discussed using the analytical devices of the ontic fallacy, the epistemic fallacy and generative mechanisms. It is concluded that mental disorders do not really exist but particular presenting problems of unintelligibility, interpersonal dysfunction and common human misery, in particular social contexts, recur in modern life and thus constitute real problems for those intimately implicated (...) and for social order. These require new ways of understanding, beyond the option of deconstruction, which could displace categorical reasoning and be sensitive to causes, meanings and their situated social contexts. The paper concludes with an outline of an alternative future for research into mental health problems, which could be informed by critical realism. (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)