Moral agency
Encyclopedia
Moral agency is a person's ability to make moral
Morality
Morality is the differentiation among intentions, decisions, and actions between those that are good and bad . A moral code is a system of morality and a moral is any one practice or teaching within a moral code...

 judgments and take action that comport with morality.

A Moral agent is "a being who is capable of acting with reference to right and wrong"

Development and analysis

Most philosophers suggest only rational beings, people who can reason and form self-interested judgments, are capable of being moral agents. Some suggest those with limited rationality (for example, people who are mildly mentally disabled) also have some basic moral capabilities. In Judaism, moral agency is restricted to sane adults, but deaf-mute
Deaf-mute
For "deafness", see hearing impairment. For "Deaf" as a cultural term, see Deaf culture. For "inability to speak", see muteness.Deaf-mute is a term which was used historically to identify a person who was both deaf and could not speak...

s are excluded from this, as Jewish law
Halakha
Halakha — also transliterated Halocho , or Halacha — is the collective body of Jewish law, including biblical law and later talmudic and rabbinic law, as well as customs and traditions.Judaism classically draws no distinction in its laws between religious and ostensibly non-religious life; Jewish...

 forbids legal cases - and hence culpability and contractual rights - without verbal communication between the involved parties.

Determinists argue all of our actions are the product of antecedent causes, and some believe this is incompatible
Compatibilism
Compatibilism is the belief that free will and determinism are compatible ideas, and that it is possible to believe both without being logically inconsistent. It may, however, be more accurate to say that compatibilists define 'free will' in a way that allows it to co-exist with determinism...

 with free will
Free will
"To make my own decisions whether I am successful or not due to uncontrollable forces" -Troy MorrisonA pragmatic definition of free willFree will is the ability of agents to make choices free from certain kinds of constraints. The existence of free will and its exact nature and definition have long...

 and thus claim that we have no real control over our actions. Immanuel Kant
Immanuel Kant
Immanuel Kant was a German philosopher from Königsberg , researching, lecturing and writing on philosophy and anthropology at the end of the 18th Century Enlightenment....

 argued that whether or not our real self
Real self
The Real self theory in politics and philosophy proposes that people often have a private "real will" , that is different from their public "expressed will".-References:...

, the noumenal
Noumenon
The noumenon is a posited object or event that is known without the use of the senses.The term is generally used in contrast with, or in relation to "phenomenon", which refers to anything that appears to, or is an object of, the senses...

 self, can choose, we have no choice but to believe that we choose freely when we make a choice. This does not mean that we can control the effects of our actions.
Some Indeterminists would argue we have no free will either. If, with respect to human behaviour, a so-called 'cause' results in an indeterminate number of possible, so-called 'effects', that does not mean the person had the free-thinking independent will to choose that 'effect'. More likely, it was the indeterminate consequence of his chance genetics, chance experiences and chance circumstances relevant at the time of the 'cause'.

In Kant's philosophy, this calls for an act of faith, the faith free agent is based on something a priori, yet to be known, or immaterial. Otherwise, without free agent's a priori fundamental source, socially essential concepts created from human mind, such as justice, would be undermined (responsibility implies freedom of choice) and, in short, civilization and human values would crumble.

It is useful to compare the idea of moral agency with the legal doctrine of mens rea
Mens rea
Mens rea is Latin for "guilty mind". In criminal law, it is viewed as one of the necessary elements of a crime. The standard common law test of criminal liability is usually expressed in the Latin phrase, actus non facit reum nisi mens sit rea, which means "the act does not make a person guilty...

, which means guilty mind, and states that a person is legally responsible for what he does as long as he should know what he is doing, and his choices are deliberate. Some theorists discard any attempts to evaluate mental states and, instead, adopt the doctrine of strict liability
Strict liability
In law, strict liability is a standard for liability which may exist in either a criminal or civil context. A rule specifying strict liability makes a person legally responsible for the damage and loss caused by his or her acts and omissions regardless of culpability...

,
whereby one is liable under the law without regard to capacity, and that the only thing is to determine the degree of punishment
Punishment
Punishment is the authoritative imposition of something negative or unpleasant on a person or animal in response to behavior deemed wrong by an individual or group....

, if any. Moral determinists would most likely adopt a similar point of view.

Distinction between moral agency and eligibility for moral consideration

Many philosophers, such as Kant, view morality as a transaction among rational parties, i.e., among moral agents. For this reason, they would exclude other animals from moral consideration. Others, such as Utilitarian
Utilitarianism
Utilitarianism is an ethical theory holding that the proper course of action is the one that maximizes the overall "happiness", by whatever means necessary. It is thus a form of consequentialism, meaning that the moral worth of an action is determined only by its resulting outcome, and that one can...

 philosophers like Jeremy Bentham
Jeremy Bentham
Jeremy Bentham was an English jurist, philosopher, and legal and social reformer. He became a leading theorist in Anglo-American philosophy of law, and a political radical whose ideas influenced the development of welfarism...

 and Peter Singer
Peter Singer
Peter Albert David Singer is an Australian philosopher who is the Ira W. DeCamp Professor of Bioethics at Princeton University and Laureate Professor at the Centre for Applied Philosophy and Public Ethics at the University of Melbourne...

 have argued the key to inclusion in the moral community
Moral community
A moral community is a group of people drawn together by a common interest in living according to a particular moral philosophy.Moral communities are typically associated with a religion and advocate that religion's conception of a good life. The congregation of a church, synagogue, or mosque is a...

 is not rationality — for if it were, we might have to exclude some disabled people and infants, and might also have to distinguish between the degrees of rationality of healthy adults — but the real object of moral action is the avoidance of suffering.

See also

  • Ethics
    Ethics
    Ethics, also known as moral philosophy, is a branch of philosophy that addresses questions about morality—that is, concepts such as good and evil, right and wrong, virtue and vice, justice and crime, etc.Major branches of ethics include:...

  • Fiduciary
  • Free will
    Free will
    "To make my own decisions whether I am successful or not due to uncontrollable forces" -Troy MorrisonA pragmatic definition of free willFree will is the ability of agents to make choices free from certain kinds of constraints. The existence of free will and its exact nature and definition have long...

  • Medical ethics
    Medical ethics
    Medical ethics is a system of moral principles that apply values and judgments to the practice of medicine. As a scholarly discipline, medical ethics encompasses its practical application in clinical settings as well as work on its history, philosophy, theology, and sociology.-History:Historically,...

  • Morality
    Morality
    Morality is the differentiation among intentions, decisions, and actions between those that are good and bad . A moral code is a system of morality and a moral is any one practice or teaching within a moral code...

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