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Rethinking Counterfactual Responsibility Institutional Constraint and Normative Accessibility

Fuller, Timothy
PhilArchive · Papers
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philosophy
Moral responsibility is commonly assessed by appeal to counterfactual alternatives—what an agent could have done otherwise. In institutional contexts, however, this method systematically misrepresents agency. Formal possibilities are treated as evidence of control even when acting otherwise would predictably impose severe professional, legal, or economic costs. This paper argues that counterfactual reasoning fails under institutional constraint because it ignores normative accessibility: whether an option is realistically available without extraordinary sacrifice. I propose a revised framework for responsibility assessment that distinguishes abstract possibility from normatively accessible choice. On this view, responsibility tracks the degree to which institutions structure, narrow, or collapse an agent’s practical option set. To discipline this assessment, the paper introduces the Constraint Index (CI), a diagnostic tool that represents institutional pressure across multiple dimensions and identifies cases in which constraint becomes dominant or effectively determinative. The CI is not a moral algorithm, but a representational aid that makes background coercion visible and comparable. The framework applies across domains—including law, healthcare, and education—where individuals are routinely blamed for outcomes produced by institutional design. By reconceptualizing responsibility in terms of normative accessibility rather than counterfactual possibility, the paper shows why blame often belongs upstream, with the structures that reliably shape choice. Finally, it outlines directions for future research, including the role of constraint saturation, dominance effects, and the limits of individual responsibility in complex institutions.
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