The document discusses five modifiers of responsibility: ignorance, strong emotion, intellectual fear, force, and habit. It analyzes how each modifier can lessen or not lessen an agent's responsibility, depending on whether the modifier precludes voluntariness or not. Key distinctions are drawn between different types of ignorance and how they impact responsibility.
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0 ratings0% found this document useful (0 votes)
37 views26 pages
Modifiers of Responsibility
The document discusses five modifiers of responsibility: ignorance, strong emotion, intellectual fear, force, and habit. It analyzes how each modifier can lessen or not lessen an agent's responsibility, depending on whether the modifier precludes voluntariness or not. Key distinctions are drawn between different types of ignorance and how they impact responsibility.
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 26
MODIFIERS OF
RESPONSIBILITY Ethics in Theory and Practice Presumed Arguments
• Voluntariness is said to be complete and
perfect if the agent has full knowledge and full consent. • If either the knowledge where wholly lacking or the consent were wholly lacking, there could be no voluntariness Question/s for Discussion • What sort of things render voluntariness imperfect, reducing the specifically human character of the act and making the agent less responsible? Five (5) modifiers of responsibility • Ignorance, affecting the knowledge • Strong emotion, affecting the consent of the will • Intellectual fear, opposing to the will a contrary wish • Force, actual use of physical compulsion • Habit, a tendency acquired by repetition Five (5) modifiers of responsibility • Ignorance - the lack of knowledge affects the voluntariness of a human act so as to make the act less human act. - the only ignorance that has ethical import is ignorance an agent ought not to have; an ignorance that ought not to exist. Three (3) kinds of Ignorance • Ignorance that can be overcome by acquiring the requisite knowledge is called vincible ignorance • Ignorance that cannot be overcome because the requisite knowledge cannot be acquired is called invincible ignorance • Ignorance deliberately cultivated in order to avoid knowing what ought to be known is called affected or studied ignorance Invincible Ignorance • Precludes responsibility • The knowledge is simply unobtainable 2 reasons: a). Being unaware of his or her ignorance, the person does not know there is any knowledge to be acquired. b.) being aware of his/her ignorance, the person’s effort to obtain the knowledge are no avail. Invincible Ignorance • since in either case the knowledge is unobtainable and since no one can be held to do the impossible, what is done in invincible ignorance is not voluntary, and so the agent is not responsible Vincible Ignorance • does not preclude responsibility, but lessens it • The person knows that he or she is ignorant and that the knowledge is obtainable • If a person deliberately fails to make sufficient effort to overcome the ignorance and so allows the ignorance to remain, the effects that follow from such ignorance are indirectly voluntary. • By willing to remain in ignorance, the person is responsible for the consequences Vincible Ignorance • The blameworthiness of vincible ignorance depends on the amount of effort put forth to overcome it, and the amount of effort called for depends on the importance of the matter and the obligation of the agent to possess such knowledge Affected Ignorance • In a way lessens, in a way increases, responsibility. - the ignorance, deliberately cultivated, increases the responsibility if the person intends to use the ignorance as an excuse. - It lessens, for example, to lessen the risk of punishment or to avoid having to carry out a known duty. 2. Strong Emotion • Strong emotion increases the force of the willed act, but to the degree such emotion lessens voluntariness it also lessens responsibility, and so the act is to that degree less a human act. Strong emotions, (a) if prior to the act ,is called antecedent and may preclude responsibility by making deliberation and therefore voluntariness impossible; usually such emotions lessens responsibility; (b) if generated after and as a result of our own deliberate choice, is called consequent and does not lessen responsibility but may increase it. Key points • Very strong or violent antecedent emotion may preclude responsibility. • Very strong or violent antecedent emotion usually lessens responsibility. • Strong or violent consequent emotion does not lessen responsibility but may increase it. 3. Fear • Intellectual fear • consisting of an understanding of a threatened evil and a movement of the will to avoid this evil by rationally devised means, • affects voluntariness only when it is the motive for acting and does not preclude responsibility lessens it because of the contrary wish mingled with our actual will Fear
• The aim of fear is to protect the self
from anticipated evil • It is intellectual fear only when we act from fear as a motive for acting and not merely with fear as accompaniment of our act. Key points
• Intellectual fear does not preclude
responsibility. Why? -This kind of fear does not produce panic and loss of self- control, the person still makes a deliberate choice for an escape to an impending evil. Key points • Intellectual fear lessens responsibility - an act motivated by intellectual fear is one that we deliberately will; however, we would not will it except for the fear we experience. - reluctance weakens the consent of the will, lessens our self control. - the person chooses something rather no obliged to do. 4.Force • Force is the actual use of physical might to make us against our will • We must considered force in its strictest sense as not merely a threat but as the actual use of physical might • The Victim of force has no responsibility if he or she does not consent Habit • Habit is a constant way of acting and is acquired by the repetition of the same act. • The acquisition of a habit may be: a. directly voluntary/deliberately to acquire , and if so, the agent has complete responsibility not only for a habit but for the acts that results from it Habit • b.) indirectly voluntary, and because the habit is formed by deliberately doing acts we know to be habit forming, the agent has complete responsibility for the habit, which was foreseen, and for the acts resulting from the habit. • We may not intend to acquire a habit for its own sake but voluntarily perform acts that we know are habit forming. Habit • C.) involuntary/unintentionally acquired, and as long as the agent remains unaware of his or her habit, the agent is not responsible for the habit or for the acts resulting from the habit • In this case we are not responsible for the existence of the habit or the acts that unintentionally follow from it, so long as we remain ignorant that we have the habit. What will happen if we decide to let the habit remain? • Our possession of the habit now becomes directly voluntary. And the acts unintentionally follow from the habit are indirectly voluntary. • the agent has complete responsibility for it and the resulting acts. What will happen if we decide to get rid of the habit? • if the agent chooses to get rid of the habit and deliberately works at countering it, the acts that inadvertently reappear would be less voluntary and so the agent would be less responsible or, in some case, not responsible at all. What will happen if we decide to get rid of the habit?
• We are now the victim of tow opposite
pulls, a.) the voluntary decision of our will to suppress or get rid of the habit and the b.) involuntary persistence of the habit itself.
(Ebook) Rhetoric and the Rule of Law: A Theory of Legal Reasoning (Law, State, and Practical Reason) by MacCormick, Sir Neil ISBN 9780198268789, 9780199571246, 0198268785, 0199571244 - Experience the full ebook by downloading it now