Matthew Talbert

About a year after the start of the Iraq War, a story broke about the abuse of Iraqi detainees by American soldiers at the Abu Ghraib prison. Editorialists and science writers noted affinities between what happened at Abu Ghraib and Philip Zimbardo’s famous 1971 Stanford Prison Experiment. Zimbardo’s experiment is part of the “situationist” literature in social psychology, which suggests that the contexts in which agents act have a larger influence on behavior, and that personality traits have a smaller influence, than is ordinarily supposed. Recently, there has been increased interest among philosophers in research like Zimbardo’s and its potential for influencing ethical theories. This increase is due in part to the publication of John Doris’ Lack of Character. More recently, Doris and Dominic Murphy have argued that soldiers, including those at Abu Ghraib, often act under conditions of moral excuse because the situational pressures to which they are exposed impair their capacities for moral judgment. I argue that soldiers can be morally responsible for wartime behavior even if their moral capacities have been substantially impaired

I argue against the claim that morally ignorant wrongdoers are open to blame only if they are culpable for their ignorance, and I argue against a version of skepticism about moral responsibility that depends on this claim being true. On the view I defend, the attitudes involved in blame are typically responses to the features of an action that make it objectionable or unjustifiable from the perspective of the one who issues the blame. One important way that an action can appear objectionable to us is that it expresses a judgment with which we disagree about the significance of the interests of those affected by the action. A morally ignorant wrongdoer’s actions may express such judgments even if it is not her fault that she is unaware of the moral status of her behavior, and even if it would be unreasonable to expect her to be aware of its status.

I argue that it is possible to prevent (and to be praiseworthy for preventing) an unwelcome outcome that had no chance of occurring. I motivate this position by constructing examples in which it makes sense to explain the non-occurrence of a certain outcome by referring to a particular agent's intentional and willing behavior, and yet the non-occurrence of the outcome in question was ensured by factors external to the agent. I conclude that even if the non-occurrence of an unwelcome outcome is ensured, the agent whose action explains this non-occurrence is praiseworthy for preventing the outcome. My examples are similar in important respects to Frankfurt-type cases. In the second half of the paper, I discuss the relationship between my examples and Frankfurt-type cases involving both actions and omissions. I conclude that while I may be responsible for the consequences of an action even if those consequences are unavoidable, this is not necessarily so for the consequences of omissions

The influential account of contractualist moral theory offered recently by T. M. Scanlon in What We Owe to Each Other is not intended to account for all the various moral commitments that people have; it covers only a narrow—though important—range of properly moral concerns and claims. Scanlon focuses on what he calls the morality of right and wrong or, as he puts it in his title, what we owe to each other. The question arises as to whether nonhuman animals can be wronged in the narrow sense of a moral wrong with which contractualism is concerned. Can we owe things to nonhuman animals? Scanlon is sensitive to the importance of this question, but he ultimately favors an account in which the perspectives of nonhuman animals are not explicitly included in contractualist theorizing. Nevertheless, it appears that contractualism, largely as Scanlon conceives it, can accommodate duties to nonhuman animals. Moreover, if contractualism cannot make this accommodation, then its status as a theory that answers to important common-sense moral intuitions becomes questionable in ways that extend beyond its failure to live up to intuitions many share about the status of nonhuman animals.