Randolph Clarke

Frankfurt-style cases are supposed to show that an agent can be responsible for doing something even though the agent wasn’t able to do otherwise. Neil Levy has argued that the cases fail. Agents in such cases, he says, lack a capacity that they’d have to have in order to be responsible for doing what they do. Here it’s argued that Levy is mistaken. Although it may be that agents in Frankfurt-style cases lack some kind of capability, what they lack isn’t required for them to be responsible for doing what they do. Differences between actions and omissions, and between the requirements for responsibility for these two, are also discussed.

Philosophical theories of agency have focused primarily on actions and activities. But, besides acting, we often omit to do or refrain from doing certain things. How is this aspect of our agency to be conceived? This book offers a comprehensive account of omitting and refraining, addressing issues ranging from the nature of agency and moral responsibility to the metaphysics of absences and causation. Topics addressed include the role of intention in intentional omission, the connection between negligence and omission, the distinction between doing and allowing, and the distinction in law between act and omission.

The first, the Transfer Version, employs an inference principle concerning the transfer of one's powerlessness with respect to certain facts. The principle says, roughly, "If a person is powerless over one thing, and powerless over that thing's leading to another, then the person is powerless over the second thing". The key premises are the Fixity of the Past and the Fixity of the Laws. Fischer defends the transfer principle against objections that have been raised by Anthony Kenny and Michael Slote.

This paper defends a minimal desert thesis, according to which someone who is blameworthy for something deserves to feel guilty, to the right extent, at the right time, because of her culpability. The sentiment or emotion of guilt includes a thought that one is blameworthy for something as well as an unpleasant affect. Feeling guilty is not a matter of inflicting suffering on oneself, and it need not involve any thought that one deserves to suffer. The desert of a feeling of guilt is a kind of moral propriety of that response, and it is a matter of justice. If the minimal desert thesis is correct, then it is in some respect good that one who is blameworthy feel guilty—there is some justice in that state of affairs. But if retributivism concerns the justification of punishment, the minimal desert thesis is not retributivist. Its plausibility nevertheless raises doubt about whether, as some have argued, there are senses of moral responsibility that are not desert-entailing.