When is it fitting for an agent to feel guilt over an outcome, and for others to be morally indignant with her over it? A popular answer requires that the outcome happened because of the agent, or that the agent was a cause of the outcome. This paper reviews some of what makes this causal-explanatory view attractive before turning to two kinds of problem cases: cases of collective harms and cases of fungible switching. These, it is argued, motivate a related (...) but importantly different answer: What is required for fitting guilt and indignation is that the agent is relevantly implicated in that outcome: that the agent’s morally substandard responsiveness to reasons, or substandard caring, is relevantly involved in a normal explanation of it. This answer, it is further argued, makes sense because when an agent’s substandard caring is so involved, the outcome provides a lesson against such caring, a lesson central to the function of guilt and indignation. (shrink)

: A distinctive nonconsequentialist argument for criminalisation and punishment claims that the citizens of a state that did not criminalise serious mala in se perpetrated in its jurisdiction would be complicit in their commission. However, one objection to such an argument is that such citizens cannot be complicit because they play no causal role in the commission of the offence. Against this objection, I argue that causal contribution is unnecessary, and that one way in which a secondary agent can become (...) complicit in a principal’s wrongdoing is if they allow that wrongdoing to be carried out in a domain over which they have authority, and with their permission. As a result of giving permission, the agent shares in the principal’s blameworthiness. (shrink)

The ability of machines to make truly independent and autonomous decisions is a goal of many, not least of military leaders who wish to take the human out of the loop as much as possible, claiming that autonomous military weaponry—most notably drones—can make decisions more quickly and with greater accuracy. However, there is no clear understanding of how autonomous weapons should be conceptualized and of the implications that their “autonomous” nature has on them as ethical agents. It will be argued (...) that autonomous weapons are not full ethical agents due to the restrictions of their coding. However, the highly complex machine-learning nature gives the impression that they are making their own decisions and creates the illusion that their human operators are protected from the responsibility of the harm they cause. Therefore, it is important to distinguish between autonomous AI weapons and an AI with autonomy, a distinction that creates two different ethical problems for their use. For autonomous weapons, their limited agency combined with machine-learning means their human counterparts are still responsible for their actions while having no ability to control or intercede in the actual decisions made. If, on the other hand, an AI could reach the point of autonomy, the level of critical reflection would make its decisions unpredictable and dangerous in a weapon. (shrink)

Constellations, Volume 29, Issue 1, Page 107-120, March 2022.

Constellations, Volume 29, Issue 1, Page 107-120, March 2022.

The Law Commission for England and Wales has published for consultation a proposal for an offence of first degree murder. A person found guilty of this offence whether as a principal or an accomplice will receive a mandatory sentence of life imprisonment. It is argued that the conditions for liability as an accomplice put forward by the Commission do not fulfil the Commission's aspiration for a "parity of culpability" between principals and accomplices. The discussion has general implications for the reform (...) of complicity laws. (shrink)

The charge of complicity has been raised in debates over the ethics of fetal tissue transplantation and embryonic stem cell research. However, the applicability of the concept of complicity to these types of research is neither clear nor uncontroversial. This article discusses the historical case of Julius Hallervorden, a distinguished German neuropathologist who conducted research on brains of mentally handicapped patients killed in the context of the Nazi ‘euthanasia’ programme. It is argued that this case constitutes a paradigm of complicity (...) in research that is useful in assessing complicity in contemporary research ethics. (shrink)

Contemporary conceptions and practices regarding complicity have led to the surprising emergence of citizens who seek rather than flee complicity. The purpose of this is to gain standing to challenge controversial state practices. As in the recent Hobby Lobby decision, such attempts to demonstrate complicity are not motivated by a desire to take ownership over state actions, but to justify institutional reforms or individual opt-outs that would not be legitimized absent such a finding of complicity. This article highlights the danger (...) posed by the proliferation of claims of this sort and works to unpack and critique the logic of such efforts to demonstrate complicity. Such claims rely upon implied political meanings of complicity, which affirm a strong connection between complicity, standing, and sovereignty. These political meanings of complicity are embedded in familiar conceptions of liberal democratic citizenship, but upon examination prove to be in tension with core liberal principles. By bringing to the surface the connection between complicity, standing, and sovereignty, this logic may be reformulated in such a way as to contribute to healthier modes of democratic participation. (shrink)

Many of the items that humans consume are produced in ways that involve serious harms to persons. Familiar examples include the harms involved in the extraction and trade of conflict minerals (e.g. coltan, diamonds), the acquisition and import of non- fair trade produce (e.g. coffee, chocolate, bananas, rice), and the manufacture of goods in sweatshops (e.g. clothing, sporting equipment). In addition, consumption of certain goods (significantly fossil fuels and the products of the agricultural industry) involves harm to the environment, to (...) future persons, and to current persons in low-lying and developing countries, by way of their impacts on climate change. When it comes to such large-scale harms, it's easy for the individual to feel helpless. Even if she sincerely wishes things were otherwise, she may wonder what she could possibly do to make them so. In this paper I briefly explore several promising avenues for generating duties in individuals to consume ethically, and develop one in particular: that an individual ought to signal her commitments to others, as a first step in collectivizing to act against unjust global labour practices. (shrink)

Do consumers’ ordinary actions of purchasing certain goods make them complicit in global labour injustice? To establish that they do, two things much be shown. First, it must be established that they are not more than complicit, for example that they are not the principal perpetrators. Second, it must be established that they meet the conditions for complicity on a plausible account. I argue that Kutz’s account faces an objection that makes Lepora and Goodin’s better suited, and defend the idea (...) that consumers are complicit in at least two of the ways distinguished by the latter. In the final section of the paper, I consider whether consumers’ responsibility for complicity in global labour injustice is likely to be as strong as responsibility from another source, namely benefiting from that injustice. (shrink)

I focus on the set of problems that arise in identifying both the actus reus and (to an even greater extent) the mens rea needed by an abettor before she should be criminally liable for complicity in a crime. No consensus on these issues has emerged in positive law; commentators are enormously dissatisfied with the decisions courts have reached; and critics disagree radically about what reforms should be implemented to rectify this state of affairs. I explicitly deny that I will (...) be able to solve these problems, although I hope at least to identify a central source of the confusion. In my view, the problem results largely from conceptualizing the liability of abettors as derivative. This diagnosis helps us to understand why the problem is likely to remain insoluble in positive law. If the test of an adequate theory consists primarily in its ability to produce results that conform to our moral intuitions about how particular cases should be resolved, no approach that can be implemented in the real world will prove wholly satisfactory. I advance a hypothesis about why failure is inevitable and what should be done in light of this predicament. Legal realities compel us to adopt a position that is suboptimal from a moral point of view. (shrink)

Philosophical discussions of legal ethics should be oriented around the generative problem , which asks two fundamental questions. First, how does the lawyer's role generate reasons? Second, what kinds of reasons can this role generate? Every extant theory of legal ethics is based on a solution to the generative problem. On the generative method , theories of legal ethics are evaluated based on the plausibility of these solutions. I apply this method to three prominent theories of legal ethics, finding that (...) none is based on a fully satisfactory solution to the generative problem. This method has important implication for the study of legal ethics. Philosophically, it moves theoretical debates about legal ethics closer to other debates about the sources of normativity, like those concerning promises. Further, this method identifies a realworld dimension to these theoretical debates. Focusing on the generative problem allows for the empirical verification of hypotheses about legal ethics that have, to date, largely been conjectured. (shrink)

Climate change and many environmental problems are caused by the accumulated effects of repeated actions by multiple individuals. Instead of relying on collective responsibility, I argue for a non-atomistic individual responsibility towards such environmental problems, encompassing omissions, ways of life, and consequences mediated by other agents. I suggest that the degree of causal responsibility of the agent must be balanced with the degree of capacity-responsibility determined by the availability of doable alternatives. Then, the more an agent has powers as a (...) group member, the more she is responsible to design the social structure and the infrastructures of the group towards sustainability. Finally, one can hold another agent responsible only if the accused is not in a vulnerable position and if she is capable to take reparative and adaptive actions. (shrink)

This paper outlines and explores the problem of democratic dirty hands, the sui generis moral situation where democratic politicians justifiably violate both a cherished moral principle and the fundamental processes of democratic governance. Some recent contributions to the dirty-hands debate have argued that the principles of democratic governance render DDH impossible. The paper rejects this view as based on a misunderstanding of the minimal and necessary conditions for both DH and democratic overnance. However, DDH does raise interesting issues concerning the (...) complicity of citizens with their politicians’ DH. Citizens are accessories to such acts and have a duty to contribute to the reparations for the victims of DDH. Furthermore, as citizens bear some responsibility for the moral violations that were done in their name, they properly ought to feel some of the moral pollution that these actions generated. (shrink)

Shortly before and during the Second World War, Japanese doctors and medical researchers conducted large-scale human experiments in occupied China that were at least as gruesome as those conducted by Nazi doctors. Japan never officially acknowledged the occurrence of the experiments, never tried any of the perpetrators, and never provided compensation to the victims or issued an apology. Building on work by Jing-Bao Nie, this article argues that the U.S. government is heavily complicit in this grave injustice, and should respond (...) in an appropriate way in order to reduce this complicity, as well as to avoid complicity in future unethical medical experiments. It also calls on other U.S. institutions, in particular the Presidential Commission for the Study of Bioethical Issues, to urge the government to respond, or to at least inform the public and initiate a debate about this dark page of American and Japanese history. (shrink)

In 2011, Frank Van Den Bleeken became the first detainee to request euthanasia under Belgium’s Euthanasia Act of 2002. This article investigates whether it would be lawful and morally permissible for a doctor to accede to this request. Though Van Den Bleeken has not been held accountable for the crimes he committed, he has been detained in an ordinary prison, without appropriate psychiatric care, for more than 30 years. It is first established that VDB’s euthanasia request plausibly meets the relevant (...) conditions of the Euthanasia Act and that, consequently, a doctor could lawfully fulfill it. Next, it is argued that autonomy-based reasons for euthanizing VDB outweigh complicity-based reasons against doing so, and that, therefore, it is also morally permissible for a doctor to carry out the euthanasia request. (shrink)

Jag argumenterar för att oorganiserade kollektiv, såsom kollektivet av alla människor, kan handla moraliskt rätt och fel. Storskaliga problem likt den globala uppvärmningen är till exempel resultatet av en sådan kollektiv handling, nämligen hela mänsklighetens utsläpp av växthusgaser. Denna kollektiva handling är dessutom moraliskt fel, på grund av dess dåliga konsekvenser. Jag bemöter också en invändning mot denna uppfattning om kollektivt handlande, enligt vilken det är intuitivt orimligt att oorganiserade kollektiv såsom ”hela mänskligheten” kan handla.

Thinking of the evils of homophobia and what is needed to survive them requires acknowledging a new category of evil besides the evils of individual deeds, social practices and social structures. That further category is evil social environments. Building on the work of Jeremy Waldron on the harm in hate speech, this chapter extends that account to certain hate crimes that, like the written word, send a lingering social message. The cases of four women survivors of homophobia are then examined (...) in relation to such harm. Two who wrote memoirs had been targeted for murder, one in an evil environment, the other in a more positively responsive environment. The remaining two survival stories are less dramatic. But they are important in how they illustrate ordinary challenges faced successfully by lesbians and gay men in emotionally toxic environments, and how, in this sense, those not directly threatened with murder might still be justly regarded as survivors. The chapter concludes with reflections on the meanings of survival and some of the costs of surviving an evil homophobic environment. (shrink)