David Shoemaker

In this paper we articulate and diagnose a previously unrecognized problem for theories of entitlement, what we call the Claims Conundrum. It applies to all entitlements that are originally generated by some claim-generating action, such as laboring, promising, or contract-signing. The Conundrum is spurred by the very plausible thought that a later claim to the object to which one is entitled is a function of whether that original claim-generating action is attributable to one. This is further assumed to depend on one’s being identical to the person who performed the claim-generating action. But the right theory of personal identity for grounding these later claims proves quite elusive. In demonstrating both the Claims Conundrum and diagnosing its source, we begin with its instantiation in John Locke’s theories of personal identity and initial acquisition, and then we gradually expand its net to include both Lockean and non-Lockean theories of both, moving ultimately to show that this is a problem for most entitlements generally. We then diagnose the source of the trouble, showing that a basic assumption about the link between attributability and identity that most people take to be obvious is in fact false, clearing a path for future investigation into this overlooked but serious problem’s resolution.

What justifies our holding a person morally responsible for some past action? Why am I justified in having a special prudential concern for some future persons and not others? Why do many of us think that maximizing the good within a single life is perfectly acceptable, but maximizing the good across lives is wrong? In these and other normative questions, it looks like any answer we come up with will have to make an essential reference to personal identity. So, for instance, it seems we are justified in holding X responsible for some past action only if X is identical to the person who performed that action. Further, it seems I am justified in my special concern for some future person only if he will be me. Finally, many of us think that while maximization within a life affects only one person, a metaphysical unity, maximization across lives affects many different, metaphysically distinct, persons, and so the latter is wrong insofar as it ignores this fundamental separateness of persons.

This paper discusses two features of the "morally responsible self." The first has to do with the preconditions of personal identity assumed to inhere in a morally responsible self. The paper argues that it is not a requirement of moral responsibility that the self held responsible for some action is one and the same individual as the self that performed it. the second feature involves what's known as the "deep self" theory of responsibility. The paper discusses the history of the theory, as well as some critical contemporary exchanges about it.

Derek Parfit claims that, at certain times and places, the metaphysical units he labels *'selves" may be thought of as the morally significant units (I.e., the objects of moral concern) for such things as resource distribution, moral responsibility, commitments, etc. But his concept of the self is problematic in important respects, and it remains unclear just why and how this entity should count as a moral unit in the first place. In developing a view I call *'Moderate Reductionism," I attempt to resolve these worries, first by offering a clearer, more consistent account of what the concept of *'self ' should involve, and second by arguing for why selves should indeed be viewed as moral (and prudential) units. I then defend this view in detail from both *'conservative" and *'extreme" objections.

Animalism—the view that the identity across time of individuals like us consists in the persistence of our animal organisms—does poorly at accounting for our identity-related practical concerns. The reason is straightforward: whereas our practical concerns seem to track the identity of psychological creatures—persons—animalism focuses on the identity of human organisms who are not essentially persons. This lack of fit between our practical concerns and animalism has been taken to reduce animalism’s plausibility (relative to psychological criteria of identity). In this paper, I survey the three leading replies to this challenge, finding them either implausible or incomplete. I will then attempt to construct the only viable response, one that begins by admitting that our practical concerns actually do not consist in a monolithic set; rather, there are distinctly different types of practical concerns, and while some are clearly grounded on psychological relations, some are actually grounded on others, including animalistic and humanistic relations; furthermore, their actual connection to identity is tenuous at best. What these concerns are, how they divide up, and what they are grounded on in each instance—these are the issues it is my second aim in this paper to take up.

This essay explores the boundaries of the moral community—the collection of agents eligible for moral responsibility—by focusing on those just inside it and those just outside it. In particular, it contrasts mild mental retardation with psychopathy, specifically among adults. For those who work with and know them, adults with mild mental retardation are thought to be obvious members of the moral community (albeit not full-fledged members). For those who work with and theorize about adult psychopaths, by contrast, they are not members of the moral community (albeit not in such a full-fledged fashion as the insane). Both psychopaths and adults with MMR have a disability, and the essay is interested in how disability sometimes exempts one from the moral community and sometimes doesn't. It will be through two associated puzzles that we will eventually come to see the complicated tripartite relation between disability, responsibility, and moral community.

Many philosophers have taken there to be an important relation between personal identity and several of our practical concerns (among them moral responsibility, compensation, and self-concern). I articulate four natural methodological assumptions made by those wanting to construct a theory of the relation between identity and practical concerns, and I point out powerful objections to each assumption, objections constituting serious methodological obstacles to the overall project. I then attempt to offer replies to each general objection in a way that leaves the project intact, albeit significantly changed. Perhaps the most important change stems from the recognition that the practical concerns motivating investigation into personal identity turn out to be not univocal, as is typically thought, such that each of the different practical concerns may actually be related to personal identity in very different ways.

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.

It has long been thought that certain key bioethical views depend heavily on work in personal identity theory, regarding questions of either our essence or the conditions of our numerical identity across time. In this paper I argue to the contrary, that personal identity is actually not significant at all in this arena. Specifically, I explore three topics where considerations of identity are thought to be essential – abortion, definition of death, and advance directives – and I show in each case that the significant work is being done by a relation other than identity

In this paper, I attempt to show that the moral/conventional distinction simply cannot bear the sort of weight many theorists have placed on it for determining the moral and criminal responsibility of psychopaths. After revealing the fractured nature of the distinction, I go on to suggest how one aspect of it may remain relevant—in a way that has previously been unappreciated—to discussions of the responsibility of psychopaths. In particular, after offering an alternative explanation of the available data on psychopaths and their judgments of various sorts of norm transgressions, I put forward a hybrid theory of their responsibility, suggesting how they might be criminally responsible, while nevertheless failing to meet the conditions for an important arena of moral responsibility.

Oxford Studies in Agency and Responsibility is a series of volumes presenting outstanding new work in moral philosophy and philosophy of action. Contributors to the series draw from a diverse range of cross-disciplinary sources, including moral psychology, psychology proper, philosophy of psychology, philosophy of law, legal theory, metaphysics, neuroscience, neuroethics, political philosophy, and more. It is unified by its focus on who we are as deliberators and actors, embodied practical agents negotiating a world of moral and legal norms.

Ethical theories must include an account of the concept of a person. They also need a criterion of personal identity over time. This requirement is most needed in theories involving distributions of resources or questions of moral responsibility. For instance, in using ethical theories involving compensations of burdens, we must be able to keep track of the identities of persons earlier burdened in order to ensure that they are the same people who now are to receive the compensatory benefits. Similarly, in order to attribute moral responsibility to someone for an act, we must be able to determine that that person is the same person as the person who performed the act. Unfortunately, ethical theories generally include a concept of a person and criteria of personal identity either as notions implied or presupposed by the already worked out theory, with little or no argument given in support of them. But both approaches are unsatisfactory, for each runs the risk of ignoring certain fundamental features of the way persons actually are. What is needed first is a plausible metaphysical account of persons and personal identity to which an ethical theory might then conform and apply. Derek Parfit has attempted to provide such an account in Reasons and Persons, where he argues for what he calls the reductionist view of persons and personal identity and then attempts to show how such a conception provides a metaphysical background that lends important partial support to utilitarianism. 1 But Parfit’s metaphysical view is neutral between two possible conceptions of personhood, and utilitarianism presupposes the truth of the more radical of the two conceptions, which precludes the possibility of there being a class of goods crucial to any plausible ethical theory. Utilitarianism thus presupposes a wildly implausible conception of persons, and so is itself implausible

Personal Identity and Ethics provides a lively overview of the relationship between the metaphysics of personal identity and ethics. How does personal identity affect our ethical judgments? It is a commonplace to hold that moral responsibility for past actions requires that the responsible agent is in some relevant respect identical to the agent who performed the action. Is this true? On the other hand, can ethics constrain our account of personal identity? Do the practical requirements of moral theory commit us to holding that persons do remain identical over time? Or is it the case that personal identity is not, in fact, relevant to ethics? Shoemaker provides the first comprehensive examination of these issues for the undergraduate audience. Topics include personal identity and prudential rationality; personal identity's significance for moral responsibility and ethical theory; and the practical consequences of accounts of personal identity for issues such as abortion, stem cell research, cloning, advance directives, populations ethics, multiple personality disorder, and the definition of death.

David Shoemaker presents a new pluralistic theory of responsibility, based on the idea of quality of will. His approach is motivated by our ambivalence to real-life cases of marginal agency, such as those caused by clinical depression, dementia, scrupulosity, psychopathy, autism, intellectual disability, and poor formative circumstances. Our ambivalent responses suggest that such agents are responsible in some ways but not others. Shoemaker develops a theory to account for our ambivalence, via close examination of several categories of pancultural emotional responsibility responses and their appropriateness conditions. The result is three distinct types of responsibility, each with its own set of required capacities: attributability, answerability, and accountability. Attributability is about the having and expressing of various traits of character, and it is the target of a range of aretaic sentiments and emotional practices organized around disdain and admiration. Answerability is about one’s capacity to govern one’s actions and attitudes by one’s evaluative judgments about the worth of various practical reasons, and it is the target of a range of sentiments and emotional practices organized around regret and pride. Accountability is about one’s ability to regard others, both evaluatively and emotionally, and it is the target of a range of sentiments and emotional practices organized around anger and gratitude. In Part One of the book, this tripartite theory is developed and defended. In Part Two of the book, the tripartite theory’s predictions about specific marginal cases are tested, once certain empirical details about the nature of those agents have been filled in and discussed

One of P. F. Strawson's suggestions in “Freedom and Resentment” was that there might be an elegant theory of moral responsibility that accounted for all of our responsibility responses in a way that also explained why we get off the hook from those responses. Such a theory would appeal exclusively toquality of will: when we react with any of a variety of responsibility responses to someone, we are responding to the quality of her will with respect to us, and when we let her off the hook, we are doing so in virtue of her lacking the capacity for the relevant quality of will. Strawson's own attempt to put forward such a view fails, for reasons Gary Watson has given, but several other theorists have advanced their own, more developed,Pure Quality of Willtheories in recent years. Specifically, there have been three distinct interpretations of “will” defended in the literature, yielding three different possible targets of our responsibility responses: quality ofcharacter, quality ofjudgment, or quality ofregard.My first task in this essay will be to show that none of these theories individually can captureallof our responsibility responses, given our deeply ambivalent responses to several marginal cases. One reaction to this fact might be to abandon the quality of will approach altogether. Another, more plausible, reaction is to develop a pluralistic account of responsibility, one that admits three noncompeting conceptions of responsibility, each of which emphasizes one of the three different qualities of will as the target of a distinct subset of our responsibility responses. On this pluralistic approach, marginal agents might be responsible on some conceptions, but not responsible on others. In the bulk of the paper, I discuss each of the relevant subsets of responsibility responses, the different qualities of will they target, what the capacities for the three qualities of will are, and how the pluralistic qualities of will approach could account for our ambivalence in the marginal cases.

Susan Wolf objects to the Real Self View (RSV) of moral responsibility that it is insufficient, that even if one’s actions are expressions of one’s deepest or “real” self, one might still not be morally responsible for one’s actions. As a counterexample to the RSV, Wolf offers the case of JoJo, the son of a dictator, who endorses his father’s (evil) values, but who is insane and is thus not responsible for his actions. Wolf’s data for this conclusion derives from what she takes to be our “pretheoretic intuitions” about JoJo. As it turns out, though, experimental data on actual pretheoretic intuitions does not seem to support Wolf’s claim. In this paper, we present such data and argue that, at least with respect to this particular objection, the RSV can survive Wolf’s attack intact.