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Responsibility in Law and Morality

Mind 112 (446):328-331 (2003)

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  1. Coalitions of the Willing and Responsibilities to Protect: Informal Associations, Enhanced Capacities, and Shared Moral Burdens.Toni Erskine - 2014 - Ethics and International Affairs 28 (1):115-145.
    “Coalition of the willing” is a phrase that we hear invoked with frequency in world politics. Significantly, it is generally accompanied by claims to moral responsibility. Yet the label commonly used to connote a temporary, purpose-driven, self-selected collection of states sits uneasily alongside these assertions of moral responsibility.This article explores how the informal nature of such associations should inform judgments of moral responsibility. I begin by briefly recounting what I call a model of institutional moral agency in order to explain (...)
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  • “Ain’t No One Here But Us Social Forces”: Constructing the Professional Responsibility of Engineers. [REVIEW]Michael Davis - 2012 - Science and Engineering Ethics 18 (1):13-34.
    There are many ways to avoid responsibility, for example, explaining what happens as the work of the gods, fate, society, or the system. For engineers, “technology” or “the organization” will serve this purpose quite well. We may distinguish at least nine (related) senses of “responsibility”, the most important of which are: (a) responsibility-as-causation (the storm is responsible for flooding), (b) responsibility-as-liability (he is the person responsible and will have to pay), (c) responsibility-as-competency (he’s a responsible person, that is, he’s rational), (...)
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  • Description, Ascription, and Action in the Criminal Law.Luís Duarte D'almeida - 2007 - Ratio Juris 20 (2):170-195.
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  • Doping: Just Do It?J. Angelo Corlett - 2013 - Sport, Ethics and Philosophy 7 (4):430-449.
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  • Coping with Doping.J. Corlett, Vincent Brown Jr & Kiersten Kirkland - 2013 - Journal of the Philosophy of Sport 40 (1):41-64.
    We provide a new wrinkle to the Argument from Unfair Advantage, a rather popular one in the ethics of doping in sports discussions. But we add a new argument that we believe places the moral burden on those who favor doping in sports. We also defend our position against some important concerns that might be raised against it. In the end, we argue that for the time being, doping in sports ought to be banned until it can be demonstrated that (...)
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  • Distributing States' Duties.Stephanie Collins - 2015 - Journal of Political Philosophy 23 (3):344-366.
    In order for states to fulfil (many of) their moral obligations, costs must be passed to individuals. This paper asks how these costs should be distributed. I advocate the common-sense answer: the distribution of costs should, insofar as possible, track the reasons behind the state’s duty. This answer faces a number of problems, which I attempt to solve.
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  • Distributing States' Duties.Stephanie Collins - 2015 - Journal of Political Philosophy 24 (3):344-366.
    In order for states to fulfil their moral duties, costs must be passed to individual citizens. This paper asks how these costs should be distributed. I advocate the common-sense answer: the distribution of costs should, insofar as possible, track the reasons behind the state’s duty. This answer faces a number of problems, which I attempt to solve.
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  • Interpersonal responsibilities and communicative intentions.Antonella Carassa & Marco Colombetti - 2014 - Phenomenology and the Cognitive Sciences 13 (1):145-159.
    When they interact in everyday situations, people constantly create new fragments of social reality: they do so when they make promises or agreements, but also when they submit requests or answer questions, when they greet each other or express gratitude. This type of social reality ‘in the small,’ that we call interpersonal reality, is deontic in nature as all other kinds of social reality; what makes it somewhat special is that its deontology applies to the very same persons who create (...)
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  • An Anatomy of Moral Responsibility.M. Braham & M. van Hees - 2012 - Mind 121 (483):601-634.
    This paper examines the structure of moral responsibility for outcomes. A central feature of the analysis is a condition that we term the ‘avoidance potential’, which gives precision to the idea that moral responsibility implies a reasonable demand that an agent should have acted otherwise. We show how our theory can allocate moral responsibility to individuals in complex collective action problems, an issue that sometimes goes by the name of ‘the problem of many hands’. We also show how it allocates (...)
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  • Coping with Doping.J. Angelo Corlett, Vincent Brown & Kiersten Kirkland - 2013 - Journal of the Philosophy of Sport 40 (1):41-64.
    We provide a new wrinkle to the Argument from Unfair Advantage, a rather popular one in the ethics of doping in sports discussions. But we add a new argument that we believe places the moral burden on those who favor doping in sports. We also defend our position against some important concerns that might be raised against it. In the end, we argue that for the time being, doping in sports ought to be banned until it can be demonstrated that (...)
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  • Are Multinational Companies Responsible for Working Conditions in Their Supply Chains? From Intuition to Argument.Sonja Dänzer - 2011 - Analyse & Kritik 33 (1):175-194.
    Although many people seem to share the intuition that multinational companies carry a responsibility for the working conditions in their supply chains, the justification offered for this assumption is usually rather unclear. This article explores a promising strategy for grounding the relevant intuition and for rendering its content more precise. It applies the criteria of David Miller's connection theory of remedial responsibility to different forms of supply chain governance as characterized by the Global Value Chains framework. The analysis suggests that (...)
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  • Automaticity, consciousness and moral responsibility.Simon Wigley - 2007 - Philosophical Psychology 20 (2):209-225.
    Cognitive scientists have long noted that automated behavior is the rule, while consciousness acts of self-regulation are the exception to the rule. On the face of it automated actions appear to be immune to moral appraisal because they are not subject to conscious control. Conventional wisdom suggests that sleepwalking exculpates, while the mere fact that a person is performing a well-versed task unthinkingly does not. However, our apparent lack of conscious control while we are undergoing automaticity challenges the idea that (...)
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  • Interpretation of the Prohibition of Torture: Making Sense of ‘Dignity’ Talk.Elaine Webster - 2016 - Human Rights Review 17 (3):371-390.
    The right not to be subjected to torture, cruel, inhuman or degrading treatment or punishment is invariably associated with ‘human dignity’. The idea of dignity plays some role in this right’s interpretation, although the content of the idea in this context, as in others, is unclear. Making sense of the dignity idea involves a number of challenges. These challenges give rise to the methodological-type question at the heart of this article: how should human rights lawyers go about articulating the content (...)
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  • Harm, Consent and the Limits of Privacy.Matthew Weait - 2005 - Feminist Legal Studies 13 (1):97-122.
    Within the context of U.K. law, the right to respect for private life, articulated in Article 8 of the European Convention on Human Rights, and acknowledged more opaquely in domestic legislation and case law, is one whose scope is unclear. Nowhere is this brought into sharper relief than in cases where conduct which manifests a person’s sexual identity, or concerns her intimate relations with others, is prima facie criminal. In this essay I attempt, through a discussion of cases in which (...)
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  • On the Relevance of Neuroscience to Criminal Responsibility.Nicole A. Vincent - 2010 - Criminal Law and Philosophy 4 (1):77-98.
    Various authors debate the question of whether neuroscience is relevant to criminal responsibility. However, a plethora of different techniques and technologies, each with their own abilities and drawbacks, lurks beneath the label “neuroscience”; and in criminal law responsibility is not a single, unitary and generic concept, but it is rather a syndrome of at least six different concepts. Consequently, there are at least six different responsibility questions that the criminal law asks—at least one for each responsibility concept—and, I will suggest, (...)
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  • Varieties of responsibility: two problems of responsible innovation.Ibo van de Poel & Martin Sand - 2018 - Synthese 198 (Suppl 19):4769-4787.
    The notion of responsible innovation suggests that innovators carry additional responsibilities beyond those commonly suggested. In this paper, we will discuss the meaning of these novel responsibilities focusing on two philosophical problems of attributing such responsibilities to innovators. The first is the allocation of responsibilities to innovators. Innovation is a process that involves a multiplicity of agents and unpredictable, far-reaching causal chains from innovation to social impacts, which creates great uncertainty. A second problem is constituted by possible trade-offs between different (...)
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  • Neighbourly Injuries: Proximity in Tort Law and Virginia Woolf’s Theory of Suffering. [REVIEW]Honni van Rijswijk - 2012 - Feminist Legal Studies 20 (1):39-60.
    2012 marks the 80th anniversary of Donoghue v Stevenson, a case that is frequently cited as the starting-point for a genealogy of negligence. This genealogy starts with the figure of the neighbour, from which, as Jane Stapleton eloquently describes, a “golden thread” of vulnerability runs into the present (Stapleton 2004, 135). This essay examines the harms made visible and invisible through the neighbour figure, and compares the law’s framework to Virginia Woolf’s subtle re-imagining and theorisation of responsibility in her novel (...)
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  • Criminalizing the State.François Tanguay-Renaud - 2013 - Criminal Law and Philosophy 7 (2):255-284.
    In this article, I ask whether the state, as opposed to its individual members, can intelligibly and legitimately be criminalized, with a focus on the possibility of its domestic criminalization. I proceed by identifying what I take to be the core objections to such criminalization, and then investigate ways in which they can be challenged. First, I address the claim that the state is not a kind of entity that can intelligibly perpetrate domestic criminal wrongs. I argue against it by (...)
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  • Saying something interesting about responsibility for health.Paul C. Snelling - 2012 - Nursing Philosophy 13 (3):161-178.
    The concept of responsibility for health is a significant feature of health discourse and public health policy, but application of the concept is poorly understood. This paper offers an analysis of the concept in two ways. Following an examination of the use of the word ‘responsibility’ in the nursing and wider health literature using three examples, the concept of ‘responsibility for health’ as fulfilling a social function is discussed with reference to policy documents from the UK. The philosophical literature on (...)
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  • Corporations and the Presumption of Innocence.Roger A. Shiner - 2014 - Criminal Law and Philosophy 8 (2):485-503.
    Corporate behaviour is often regulated through the criminal law by means of reverse onus offences. Such offences are alleged to involve violations of the Presumption of Innocence. Such allegations almost always assume natural persons as defendants. The arguments supporting reverse onus offences are typically instrumental, to do with the importance of the social goals promoted and the ease of proof. The Presumption of Innocence is taken to be an autonomy right of natural persons and so not subject to being sidelined (...)
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  • Two understandings of morality and their relationship to politics.Peter Cane - 2008 - Criminal Justice Ethics 27 (1):34-44.
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  • Medical Responsibility and Clinical Guidelines: A Few Remarks from Two Italian Juridical Cases.Carlo Petrini & Michele Farisco - 2012 - Medicine Studies 3 (3):157-169.
    PurposeThe aim of this paper is to assess the complex issue of responsibility in clinical practice. The paper focuses mainly on the relationship between personal- and medical-professional responsibility of practitioners and clinical guidelines.MethodsAfter a theoretical review of the different definitions of responsibility in selected bioethical and biojuridical literature, two recent juridical proceedings concerning medical responsibility from Italian Courts are discussed. Subsequently, a theoretical analysis of the definition of clinical practice guidelines is proposed in order to show their feasibility to assess (...)
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  • Sharing the costs of political injustices.Avia Pasternak - 2011 - Politics, Philosophy and Economics 10 (2):188-210.
    It is commonly thought that when democratic states act wrongly, they should bear the costs of the harm they cause. However, since states are collective agents, their financial burdens pass on to their individual citizens. This fact raises important questions about the proper distribution of the state’s collective responsibility for its unjust policies. This article identifies two opposing models for sharing this collective responsibility in democracies: first, in proportion to citizens’ personal association with the unjust policy; second, by giving each (...)
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  • “Living” Law: Performative, Not Discursive. [REVIEW]Claudius Messner - 2012 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 25 (4):537-552.
    This article questions some assumptions in legal, moral and political theory regarding the law’s ways of functioning. As the constant revival of the topos ‘living law’ shows, underlying common models of law, and of the legitimacy of law, is, though often implicitly, the view that law is or should be particular, near to the facts, flexible, susceptible to realities, and as a consequence accessible to modernisations. However, this article proposes an immanent critique of similar hopes or fears, and it argues (...)
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  • Luhmann’s Judgment.Claudius Messner - 2014 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 27 (2):359-387.
    This paper explores what is apparently a non-topic for Luhmann. Luhmann is preoccupied with decision-making rather than with judgment. The paper argues that Luhmann, attempting to find a way out of the dilemma between the fundamentalism of positivistic legal theory and the relativism of anti-foundationalist post-modern thinking, presents the epistemological–ethical doublet of a “self-binding” of the law. In this bootstrapping manoeuvre decision plays the central part. The paper begins by examining judgment in its relation to decision as considered by non-system-theoretical (...)
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  • From responsible robotics towards a human rights regime oriented to the challenges of robotics and artificial intelligence.Hin-Yan Liu & Karolina Zawieska - 2020 - Ethics and Information Technology 22 (4):321-333.
    As the aim of the responsible robotics initiative is to ensure that responsible practices are inculcated within each stage of design, development and use, this impetus is undergirded by the alignment of ethical and legal considerations towards socially beneficial ends. While every effort should be expended to ensure that issues of responsibility are addressed at each stage of technological progression, irresponsibility is inherent within the nature of robotics technologies from a theoretical perspective that threatens to thwart the endeavour. This is (...)
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  • Causal Responsibility and Counterfactuals.David A. Lagnado, Tobias Gerstenberg & Ro'I. Zultan - 2013 - Cognitive Science 37 (6):1036-1073.
    How do people attribute responsibility in situations where the contributions of multiple agents combine to produce a joint outcome? The prevalence of over-determination in such cases makes this a difficult problem for counterfactual theories of causal responsibility. In this article, we explore a general framework for assigning responsibility in multiple agent contexts. We draw on the structural model account of actual causation (e.g., Halpern & Pearl, 2005) and its extension to responsibility judgments (Chockler & Halpern, 2004). We review the main (...)
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  • How Autonomous Are Collective Agents? Corporate Rights and Normative Individualism.Frank Hindriks - 2014 - Erkenntnis 79 (S9):1565-1585.
    Corporate responsibility requires a conception of collective agency on which collective agents are able to form moral judgments and act on them. In spite of claims to the contrary, existing accounts of collective agency fall short of this kind of corporate autonomy, as they fail to explain how collective agents might be responsive to moral reasons. I discuss how a recently proposed conception of shared valuing can be used for developing a solution to this problem. Although the resulting conception of (...)
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  • The Role of Infomediaries: CSR in the Business Press During 2000–2009. [REVIEW]Maria Grafström & Karolina Windell - 2011 - Journal of Business Ethics 103 (2):221-237.
    Given the important role that business media play in corporate life, scarce attention has been paid to the role of media in the construction and popularization of corporate social responsibility (CSR). In this article, we understand media as a key infomediary and examine how the business press has framed and presented CSR over the last 10 years. Based on a content analysis of how CSR is presented in two English-language business newspapers with an international readership, we develop a framework for (...)
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  • Responsible Research and Innovation and the Governance of Human Enhancement.Guido Gorgoni - 2018 - NanoEthics 12 (3):257-267.
    This article aims to explore the debate on human enhancement from the perspective of the evolutions of responsibility paradigms, and in particular from the perspective of the so-called Responsible Research and Innovation approach. The aim is not to explore the arguments pro or contra the ethical legitimacy and/or technical feasibility of human enhancement, but rather exploring if, and how, the RRI perspective can shape the debate on human enhancement.In particular, the human enhancement debate will be read through the lenses of (...)
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  • Criminal Responsibility and the Living Self.Thomas Giddens - 2015 - Criminal Law and Philosophy 9 (2):189-206.
    Behaviour, including criminal behaviour, takes place in lived contexts of embodied action and experience. The way in which abstract models of selfhood efface the individual as a unique, living being is a central aspect of the ‘ethical-other’ debate; if an individual is modelled as abstracted from this ‘living’ context, that individual cannot be properly or meaningfully linked with his or her behaviour, and thus cannot justly be understood as responsible. The dominant rational choice models of criminal identity in legal theory (...)
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  • Legal Personhood and the Firm: Avoiding Anthropomorphism and Equivocation.David Gindis - 2016 - Journal of Institutional Economics 12 (3):499-513..
    From the legal point of view, "person" is not co-extensive with "human being." Nor is it synonymous with "rational being" or "responsible subject." Much of the confusion surrounding the issue of the firm’s legal personality is due to the tendency to address the matter with only these, all too often conflated, definitions of personhood in mind. On the contrary, when the term "person" is defined in line with its original meaning as "mask" worn in the legal drama, it is easy (...)
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  • Rethinking microfinance: towards a multi-stakeholder framework of responsible microfinance.Landolt Simone - 2017 - Dissertation, University of Zurich
    Microfinance aims to better the livelihoods of the bottom of the pyramid by providing them with financial services. However, recent studies show that microfinance can have adverse effects, leading clients into over-indebtedness. This dissertation argues that microfinance clients are by default vulnerable and offers ways to rethink microfinance as client-centered, presuming a responsibility for client protection. Part I discusses the vulnerability of clients and the centrality of their protection. Part II analyzes the causes and consequences of overindebtedness and suggests state (...)
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