The professional and institutional responsibility for handling genetic knowledge is well discussed; less attention has been paid to how lay people and particularly people who are affected by genetic diseases perceive and frame such responsibilities. In this exploratory study we qualitatively examine the attitudes of lay people, patients and relatives of patients in Germany and Israel towards genetic testing. These attitudes are further examined in the national context of Germany and Israel, which represent opposite regulatory approaches and bioethical debates concerning (...) genetic testing. Three major themes of responsibility emerged from the inter-group and cross-cultural comparison: self-responsibility, responsibility for kin, and responsibility of society towards its members. National contrast was apparent in the moral reasoning of lay respondents concerning, for example, the right not to know versus the duty to know (self-responsibility) and the moral conflict concerning informing kin versus the moral duty to inform (responsibility for kin). Attitudes of respondents affected by genetic diseases were, however, rather similar in both countries. We conclude by discussing how moral discourses of responsibility are embedded within cultural (national, religious) as well as phenomenological (being affected) narratives, and the role of public engagement in bioethical discourse. (shrink)

It has been suggested that a new form of moral responsibility, labeled “social products liability,” is relevant to business ethics.In particular, this kind of responsibility might justify recent legal claims against firearm manufacturers. This paper argues that, as ithas been presented, social products liability must rest upon utilitarian considerations or on a deeper, more complete theory of moralresponsibility. In the first case, a new form of responsibility seems unnecessary, since liability could be directly apportioned on utilitariangrounds. In the second case, (...) proponents of social products liability face the tasks of presenting the more complete theory and then anchoring social products liability to it. (shrink)

This paper concerns a recently discovered, puzzling asymmetry in judgments of whether an action is intentional or not (Knobe, Philosophical Psychology 16:309–324, 2003a ; Analysis 63:190–193, b ). We report new data replicating the asymmetry in the context of scenarios wherein an agent achieves an amoral or immoral goal due to luck. Participants’ justifications of their judgments of the intentionality of the agent’s action indicate that two distinct folk concepts of intentional action played a role in their judgments. When viewed (...) from this perspective, the puzzle disappears, although the asymmetry remains. (shrink)

Although many of the issues surrounding innateness have received a good deal of attention lately, the basic concept of token innateness has been largely ignored. In the present paper, I try to correct this imbalance by offering an account of the innateness of token traits. I begin by explaining Stephen Stich's account of token innateness and offering a counterexample to that account. I then clarify why the contemporary biological approaches to innateness will not be able to resolve the problems that (...) beset Stich's account. From there, I develop an alternative understanding of the innateness of token traits, what I call a causal/explanatory account. The argument to be made is that token innateness is both a causal, and an explanatory, concept. After clarifying this understanding of innateness, and showing how it handles several counterexamples to other accounts, I end with some comments on what the causal/explanatory account suggests for our understanding of innateness in general. (shrink)

Among philosophers, the question about strategic fouls has been whether they are ethically justified in light of our best conception of sport. This paper proposes a different defense. I argue that many strategic fouls should be excused even if we regard them as unjustified. I first lay out a partial defense of the assumptions that playing to win cannot be subordinate to playing skillfully and that winning has value that cannot be accounted for in terms of the skill that produces (...) it. I then argue that the logic of competitive play structures practical reason such that it is unreasonable to require even an ethical competitor always to subordinate the aim of winning to ethical standards within the game. Some ethical failures should be excused. The argument implies limits on the excusing conditions. I discuss these limits in some detail, showing that they fit patterns in the common acceptance of strategic fouls. I then address possible objections. In conclusion I argue that the logic of excuse rather than justification explains a common reaction to strategic fouls, resolving what might otherwise appear to be a contradiction in that reaction. (shrink)

How people react emotionally to the positive or negative events that they experience in their lives depends in part on whether particular outcomes are perceived to be deserved or undeserved. For ex...

Negligence is both an important concept and an ambiguous one. Here I concentrate upon the sense of creating an unjustifiable, low-probability risk of future harm. This essay attempts to dispel theprevalent view that only a maximizing, utilitarian approach can render intelligible certain features of negligence analysis—its focus on the marginal advantages and disadvantages of the actor's taking a specific precaution, its consideration and balancing of the short-term effects of different actions, and its sensitivity to a multiplicity of factors. Perhaps certain (...) absolutist deontological perspectives are inconsistent with these features; but other deontological perspectives can easily accommodate them. Careful examination of the concept of negligence helps resolve an important debate about the nature of tort law, supporting the view that fault, rather than corrective justice, is the better interpretation and justification of Anglo-American tort doctrine. (shrink)

Many writers accept the following thesis about responsibility: (R) For one to be responsible for something is for one to be such that it is fitting that one be the object of some reactive attitude with respect to that thing. This thesis bears a striking resemblance to a thesis about value that is also accepted by many writers: (V) For something to be good (or neutral, or bad) is for it to be such that it is fitting that it be (...) the object of some pro-attitude (or indifference, or some contra-attitude). V has been the subject of intense debate in recent years, in part because of its incorporation into what has come to be called the “buck-passing” account of value. In particular, V is open to three challenges: that it is not necessarily the case that whatever is good is the fitting object of a pro-attitude; that it is not necessarily the case that whatever is the fitting object of a pro-attitude is good; and that, even if there is a strict equivalence between what is good and what is the fitting object of a pro-attitude, still the former is not to be analyzed in terms of the latter. The resemblance between V and R has not been previously commented on, but, once it is recognized, it is clear that R is open to challenges that resemble those to which V is vulnerable. This paper explores both the challenges to V and the parallel challenges to R and discusses responses that may be given to these challenges. The interrelation between V and R is then examined, and a general lesson is drawn concerning how to adjudicate disputes about the nature of moral responsibility. (shrink)

El presente articulo tiene como objetivo fundamental abordar el concepto de responsabilidad en el ámbito de la ética aplicada medioambiental. Para llevar a cabo esta tarea se analiza el pensamiento teleológico de Hans Jonas para una concepción medioambiental de la responsabilidad situando dicho planteamiento en discusión con las éticas deontológicas o de la convicción.The main aim of this paper is to address the concept of responsibility in the area of applied environmental ethics. To this end, we analyse the teleologic thought (...) of Hans Jonas for an environmental conception of responsibility and situate this approach in discussion with deontological ethics or of conviction. (shrink)

Saul Smilansky holds that there is a widespread intuition to the effect that pre-punishment – the practice of punishing individuals for crimes which they have not committed, but which we are in a position to know that they are going to commit – is morally objectionable. Smilanksy has argued that this intuition can be explained by our recognition of the importance of respecting the autonomy of potential criminals. (Smilansky, 1994) More recently he has suggested that this account of the intuition (...) only vindicates it if determinism is false, and argues that this presents a problem for compatibilists, who, he says, are committed to thinking that the truth of determinism makes no moral difference (Smilansky, 2007).In this paper I argue that the intuitions Smilansky refers to can be explained and vindicated as consequences of the truth of a communicative conception of punishment. Since the viability of the communicative conception does not depend on the falsity of determinism, our intuitions about pre-punishment do not clash with (what Smilanksy calls) compatibilism. And if the communicative theory of punishment is – as Duff (2001) suggests – a form of retributivism, the account also meets New's (1992) challenge to retributivists to explain what is wrong with pre-punishment. (shrink)

The aim of this article is to demonstrate that the theory of changes in perspectives allows a different presentation of the problems which arise from a loss of recognition as an element of punishment, particularly in reference to others, the entire structure of the interaction is changed. Communicative conditions of moral discourses assume that every participant of the argumentation process takes place in all spheres of social life and can assume the perspective common to all other participants. The main task (...) of criminal law is, then, the protection of elementary aspects of one’s role as a participant of interaction without which the chain of mutual recognition and understanding could be freely and at any moment infringed by any given participant of interactions, i.e. the protection of such rights. (shrink)

: After defining a hate crime as an offense in which the criminal selects the victim at least in part because of an animus toward members of the group to which the victim belongs, this essay surveys the standard justifications for state punishment en route to defending the permissibility of imposing stiffer penalties for hate crimes. It also argues that many standard instances of rape and domestic battery are hate crimes and may be punished as such.

Metaphysicians, ethical theorists and philosophers of law squabble endlessly about what it is for a person to act — or perhaps even to ‘will’ — more or less freely. A vital issue in this controversy is how we should analyse two obvious but surprisingly problematical contrasts. The first antithesis is between things we do because we are forced, and deeds we perform because we want to — sometimes after having discovered preponderant reasons in their favour. The other polarity is more (...) general. In most situations, if I act on my desire, I act more freely than if I had not had the desire. But what if my attitude is the product of childhood conditioning — or later brainwashing, brain surgery, hypnosis, behaviour modification, alcoholisim, narcotics addiction, neurosis, psychosis or worse? Then isn't my autonomy diminished? What is it about these latter desires, or their origin, that differentiates them from their unthreatening congeners? (shrink)

This paper examines moral issues concerning a firm''s use of genetic information about a prospective employee''s predisposition to contract occupational and other illnesses. It critically reviews leading social construction literature on genetic abnormality and genetic screening, and it examines the relevance of arguments from justice and meritocratic principles. It concludes that there is a strong moral presumption against genetic screening in employment.

Many theoretical claims about the folk concept of moral responsibility coming from the current literature are indeterminate because researchers do not clearly specify the folk concept of moral responsibility in question. The article pursues a cognitive approach to folk concepts that pays special attention to this indeterminacy problem. After addressing the problem, the article provides evidence on folk attributions of moral responsibility in the case a failed attempt to kill that goes against a specific claim coming from the current literature (...) - that the dimension of causation is part of the structure of the folk concept of moral responsibility. (shrink)

Causal analyses of one’s knowing that p have recently emphasized the involvement of cognitive virtues in coming to believe that p. John Greco suggests that in order to deal with Gettier-type cases, a virtue analysis of knowing should include a requirement that one’s knowing does not in a certain way involve abnormality. Yet Greco’s emphasis on statistical abnormality either renders his analysis subject to a generality problem or to objections regarding certain Gettier-type cases. When we instead consider abnormality in the (...) sense of a causally differentiating factor in relation to a causal contrast situation, the account remains unclear concerning its application to an interesting non-Gettier-type case concerning chance. The exploration of these shortcomings casts doubt on the epistemological usefulness of the schema, ‘If you know, then there is no abnormality in your being right. ’. (shrink)

The use of intention in ethics has been the subject of intense debate for many years, but no consensus has emerged over whether intention is morally relevant, or even how it should be understood. In this paper I wish to make a thorough, though by no means exhaustive, examination of the concept and the concepts around it, some to be seen as near-synonyms, and some as contrasting ideas. My interest is in the ethical use of the concept, though my own (...) analysis of it will be indebted to discussions in the philosophy of action. The most famous ethical use, which will not, however, be my direct focus here, is the ‘principle of double effect,’ which states that an agent may cause or allow something bad as long as, first, no evil is intended as an end or a means; and, second, that the foreseen bad is not out of proportion with the anticipated good. It is important to note the principle’s testimony to the plausibility of prohibitions expressed in terms of intentions, and, alongside these, a general prohibition on doing inordinate harms even without intention. (shrink)

Through the criminal justice system so-called dangerous offenders are, besides the offence that they are being convicted of and sentenced to, also punished for acts that they have not done but that they are believe to be likely to commit in the future. The aim of this paper is to critically discuss whether some adherents of retributivism give a plausible rationale for punishing offenders more harshly if they, all else being equal, by means of predictions are believed to be more (...) dangerous than other offenders. While consequentialism has no problem, at least in principle, with this use of predictions most retributivists have been opponents of punishing offenders on the basis of predictions. How can an offender deserve to be punished for something that he has not done? But some retributivists like Anthony Duff and Stephen Morse have argued in favor of punishing offenders who are considered to be dangerous in the future more harshly than non-dangerous offenders. After having reconstructed their arguments in detail, it will be argued that both Duff’s and Morse’s attempts to give a retributivistic justification have several shortcomings. (shrink)

Moral responsibility is one of the core concepts in engineering ethics and consequently in most engineering ethics education. Yet, despite a growing awareness that engineers should be trained to become more sensitive to cultural differences, most engineering ethics education is still based on Western approaches. In this article, we discuss the notion of responsibility in Confucianism and explore what a Confucian perspective could add to the existing engineering ethics literature. To do so, we analyse the Citicorp case, a widely discussed (...) case in the existing engineering ethics literature, from a Confucian perspective. Our comparison suggests the following. When compared to virtue ethics based on Aristotle, Confucianism focuses primarily on ethical virtues; there is no explicit reference to intellectual virtues. An important difference between Confucianism and most western approaches is that Confucianism does not define clear boundaries of where a person’s responsibility end. It also suggests that the gap between Western and at least one Eastern approach, namely Confucianism, can be bridged. Although there are differences, the Confucian view and a virtue-based Western view on moral responsibility have much in common, which allows for a promising base for culturally inclusive ethics education for engineers. (shrink)

How does morality allocate responsibility for what it requires? I am concerned here with one fundamental part of this question, namely, how morality determines responsibility when multiple agents are capable of contributing to or completing a moral task, and special relationships capable of generating duties with respect to the task are non-existent, insufficient as a moral response, or partly indeterminate. On one view, responsibility falls to the agents who can bear it with the least burden. I show why this is (...) initially attractive and mistaken. Instead, I defend an equity-based approach that accommodates the intuitions that both support and trouble the least-cost principle. One upshot is that sometimes we ought prefer a distribution of responsibility that is more expensive and less local than needed to complete the task. I illustrate the practical significance of the argument in terms of the human rights of refugees. (shrink)

Responsibility, blameworthiness in particular, has been characterized in a number of ways in a literature in which participants appear to be talking about the same thing much of the time. More specifically, blameworthiness has been characterized in terms of what sorts of responses are fair, appropriate, and deserved in a basic way, where the responses in question range over blame, sanctions, alterations to interpersonal relationships, and the reactive attitudes, such as resentment and indignation. In this paper, I explore the relationships (...) between three particular theses: (i) the claim that one is blameworthy to the extent that it is fair to impose sanctions, (ii) the claim that one is blameworthy to the extent that one deserves sanctions, and (iii) the claim that one is blameworthy to the extent that it is appropriate to respond with reactive attitudes. Appealing to the way in which luck in the outcome of an action can justifiably affect the degree of sanctions received, I argue that (i) is false and that fairness and desert come apart. I then argue that the relationship between the reactive attitudes and sanction is not as straightforward as has sometimes been assumed, but that (ii) and (iii) might both be true and closely linked. I conclude by exploring various claims about desert, including ones that link it to the intrinsic goodness of receiving what is deserved and to the permissibility or rightness of inflicting suffering. (shrink)

When any man, even in political society, renders himself by his crimes obnoxious to the public, he is punished by the laws in his goods and person; that is, the ordinary rules of justice are, with regard to him, suspended for a moment, and it becomes equitable to inflict on him, for the benefit of society, what otherwise he could not suffer without wrong or injury?

This paper investigates a series of normative principles that are used to justify different aspects of executive compensation within business firms, as well as the remuneration of lower-ranking employees. We look at how businesses perform pay benchmarking; employees’ engagement, fidelity and loyalty ; and the acceptability of what we call both-ends-dipping, that is, receiving both ex ante and ex post benefits for the same work. We make two observations. First, either different or incoherent principles are used to justify the pay (...) of executives compared to employees, or the same principles are applied differently. Second, these differences or inconsistencies tend to be to the benefit of executives and/or to the detriment of employees. We conclude by asking whether there is any reason for thinking differently about executive pay than we do about employee pay. Our analysis leads us to question the principles justifying current executive compensation and to wonder if these principles are potentially being instrumentalized to serve other ends. (shrink)

A number of philosophers and legal scholars have pointed out a fact about punishment that had not been sufficiently appreciated by many traditional accounts, utilitarian, retributive, or ‘mixed’: that evil inflicted on the person punished is not an evil simpliciter , but rather the expression of an important social message—that punishment is a kind of language. The message which it is seen to communicate can broadly be described as condemnation by society of the crime committed. In what is still the (...) only attempt at a general and critical discussion— Anthony Skillen's ‘How to say Things with Walls’—this way of understanding punishment is termed ‘expressionism’. In this paper I propose to sort out the main varieties of expressionism in the philosophy of punishment, and to discuss some of their pros and cons. (shrink)

(2013). Conversation and responsibility. Canadian Journal of Philosophy: Vol. 43, No. 2, pp. 267-286.

There seems to be popular consensus that multinational corporations (MNCs) should take responsibility for both the intended and unintended consequences of their operations. However, within the discipline of ethics, reflection on the responsibilities of MNCs continues to be highly controversial. In this article, we reflect on one of the more contentious issues in this debate, namely, the moral responsibility of MNCs for the unintended consequences of their operations. It is argued that at least two questions need to be addressed, namely, (...) whether or not MNCs can be held morally responsible for anything and - should this be the case - what it actually means to hold the MNCs responsible. (shrink)

Due to their non-hierarchical structure, socio-technical networks are prone to the occurrence of the problem of many hands. In the present paper an approach is introduced in which people’s opinions on responsibility are empirically traced. The approach is based on the Rawlsian concept of Wide Reflective Equilibrium (WRE) in which people’s considered judgments on a case are reflectively weighed against moral principles and background theories, ideally leading to a state of equilibrium. Application of the method to a hypothetical case with (...) an artificially constructed network showed that it is possible to uncover the relevant data to assess a consensus amongst people in terms of their individual WRE. It appeared that the moral background theories people endorse are not predictive for their actual distribution of responsibilities but that they indicate ways of reasoning and justifying outcomes. Two ways of ascribing responsibilities were discerned, corresponding to two requirements of a desirable responsibility distribution: fairness and completeness. Applying the method triggered learning effects, both with regard to conceptual clarification and moral considerations, and in the sense that it led to some convergence of opinions. It is recommended to apply the method to a real engineering case in order to see whether this approach leads to an overlapping consensus on a responsibility distribution which is justifiable to all and in which no responsibilities are left unfulfilled, therewith trying to contribute to the solution of the problem of many hands. (shrink)

In Terrorism: A Philosophical Analysis,2 I analyzed philosophically and normatively the nature of terrorism in a way that does not beg the moral question against it. I also analyzed the conditions...

This paper summarizes some of the major concepts of Raimo Tuomela’s social ontology as it is articulated and defended in his most recent major works and provides a set of objections to it. It also suggests some ways to plausibly revise Tuomela’s analysis of social groups in order to evade our concerns.

This article seeks to expose some of the implications of certain versions of pacifism for matters of criminal punishment, arguing that the plausibility of these versions of pacifism depend on the extent to which their implicit denials of certain central punishment-related concepts are themselves reasonable.

The facts of global poverty are staggering. Consider, for instance, how 1.5 billion people subsist below the international poverty line, which means about a quarter of the world's current population lives in poverty. There is much talk about how freer markets will help the situation of these people, in particular how it will help the worst off. So far the evidence for this claim is fairly unclear. ‘At any rate, on several accounts, alleviating the worst aspects of poverty would impose (...) fairly small costs on us in more affluent countries, yet we continue to do very little about alleviating this situation. For instance, a 1 per cent tax on world product would make enormous inroads in lifting people out of poverty. Alternatively, simply a shift in priorities could do this without any added taxes: a 1 per cent decrease in military spending in the developed world and a 10 per cent decrease in military spending in the developing world could have the same effect. (shrink)

In Terrorism: A Philosophical Analysis,2 I analyzed philosophically and normatively the nature of terrorism in a way that does not beg the moral question against it. I also analyzed the conditions...

Robert Nozick's adherence to Locke's puzzling doctrine about punishment can seem strange. Why does Nozick follow Locke in claiming that individuals in a state of nature have a right to punish any wrongdoer?Here reflection on this question proceeds by stages to a conclusion that Nozick as well as any other state-of-nature theorist of similar stripe should find disturbing. For, as we shall see, what Nozick describes as the general right of a minimal state to punish cannot arise within a state (...) of nature from the more plausible right of individuals to punish only those who harm them. (shrink)