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  1. Seeing Responsibility: Can Neuroimaging Teach Us Anything about Moral and Legal Responsibility?.David Wasserman & Josephine Johnston - 2014 - Hastings Center Report 44 (s2):37-49.
    As imaging technologies help us understand the structure and function of the brain, providing insight into human capabilities as basic as vision and as complex as memory, and human conditions as impairing as depression and as fraught as psychopathy, some have asked whether they can also help us understand human agency. Specifically, could neuroimaging lead us to reassess the socially significant practice of assigning and taking responsibility?While responsibility itself is not a psychological process open to investigation through neuroimaging, decision‐making is. (...)
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  • The Tension in Critical Compatibilism.Robert H. Wallace - 2021 - Ethical Theory and Moral Practice 21 (1):321-332.
    (Part of a symposium on an OUP collection of Paul Russell's papers on free will and moral responsibility). Paul Russell’s The Limits of Free Will is more than the sum of its parts. Among other things, Limits offers readers a comprehensive look at Russell’s attack on the problematically idealized assumptions of the contemporary free will debate. This idealization, he argues, distorts the reality of our human predicament. Herein I pose a dilemma for Russell’s position, critical compatibilism. The dilemma illuminates the (...)
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  • Self-Defense, Punishing Unjust Combatants and Justice in War.Steve Viner - 2010 - Criminal Law and Philosophy 4 (3):297-319.
    Some contemporary Just War theorists, like Jeff McMahan, have recently built upon an individual right of self-defense to articulate moral rules of war that are at odds with commonly accepted views. For instance, they argue that in principle combatants who fight on the unjust side ought to be liable to punishment on that basis alone. Also, they reject the conclusion that combatants fighting on both sides are morally equal. In this paper, I argue that these theorists overextend their self-defense analysis (...)
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  • Globalizing Responsibility for Climate Change.Steve Vanderheiden - 2011 - Ethics and International Affairs 25 (1):65-84.
    In distributing the costs associated with climate change, most scholars have focused exclusively upon mitigation burdens. Few consider the distribution of adaptation costs, which concern projects that seek to minimize harm from human-induced climate change.
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  • Hierarchical Analyses of Unfree Action.Irving Thalberg - 1978 - Canadian Journal of Philosophy 8 (2):211 - 226.
    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 (...)
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  • Giving Wrongdoers What They Deserve.Steven Sverdlik - 2016 - The Journal of Ethics 20 (4):385-399.
    Retributivist approaches to the philosophy of punishment are usually based on certain claims related to moral desert. I focus on one such principle:Censuring Principle : There is a moral reason to censure guilty wrongdoers aversively.Principles like CP are often supported by the construction of examples similar to Kant’s ‘desert island’. These are meant to show that there is a reason for state officials to punish deserving wrongdoers, even if none of the familiar goals of punishment, such as deterrence, will be (...)
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  • Tiger Mothers and Praise Junkies: Children, Praise and the Reactive Attitudes.Judith Suissa - 2013 - Journal of Philosophy of Education 47 (1):1-19.
    In this article, I look at some discussions of praising children in contemporary parenting advice. In exploring what is problematic about these discussions, I turn to some philosophical work on moral praise and blame which, I argue, indicates the need for a more nuanced response to questions about the significance of praise. A further analysis of the moral aspects of praise suggests a significant dimension of the parent-child relationship that is missing from, and obscured by, the kind of parenting advice (...)
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  • The social construction of genetic abnormality: Ethical implications for managerial decisions in the workplace. [REVIEW]Alan Strudler - 1994 - Journal of Business Ethics 13 (11):839 - 848.
    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.
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  • Philosophical Questions about the Nature of Willpower.Chandra Sekhar Sripada - 2010 - Philosophy Compass 5 (9):793–805.
    In this article, I survey four key questions about willpower: How is willpower possible? Why does willpower fail? How does willpower relate to other self-regulatory processes? and What are the connections between willpower and weakness of will? Empirical research into willpower is growing rapidly and yielding some fascinating new findings. This survey emphasizes areas in which empirical progress in understanding willpower helps to advance traditional philosophical debates.
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  • Folk concepts of intentional action in the contexts of amoral and immoral luck.Paulo Sousa & Colin Holbrook - 2010 - Review of Philosophy and Psychology 1 (3):351-370.
    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 (...)
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  • A Cognitive Approach to Moral Responsibility: The Case of a Failed Attempt to Kill.Paulo Sousa - 2009 - Journal of Cognition and Culture 9 (3-4):171-194.
    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 (...)
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  • The two faces of revenge: Moral responsibility and the culture of honor.Tamler Sommers - 2009 - Biology and Philosophy 24 (1):35-50.
    Retributive emotions and behavior are thought to be adaptive for their role in improving social coordination. However, since retaliation is generally not in the short-term interests of the individual, rational self-interest erodes the motivational link between retributive emotions and the accompanying adaptive behavior. I argue that two different sets of norms have emerged to reinforce this link: (1) norms about honor and (2) norms about moral responsibility and desert. I observe that the primary difference between these types of retribution motivators (...)
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  • Fiduciary Duty, Risk, and Shareholder Desert.Gordon G. Sollars & Sorin A. Tuluca - 2018 - Business Ethics Quarterly 28 (2):203-218.
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  • A Critique of Social Products Liability.Gordon G. Sollars - 2003 - Business Ethics Quarterly 13 (3):381-390.
    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, (...)
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  • Intentions: past, present, future.Matthew Noah Smith - 2017 - Philosophical Explorations 20 (sup2):1-12.
    Intentions have been a central subject of research since contemporary philosophy of action emerged in the middle of the twentieth century. For almost that entire period, the approach has been to treat the study of intentions as separate from the study of morality. This essay offers a brief overview of that history and then suggests some ways forward, as exemplified by the essays collected in this volume.
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  • Hobbes and the purely artificial person of the state.Q. Skinner - 1999 - Journal of Political Philosophy 7 (1):1–29.
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  • Negligence.Kenneth W. Simons - 1999 - Social Philosophy and Policy 16 (2):52.
    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 (...)
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  • Abnormality, cognitive virtues, and knowledge.Robert K. Shope - 2008 - Synthese 163 (1):99-118.
    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 (...)
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  • The first virtue of the law courts and the first virtue of the law.Hanoch Sheinman - 2007 - Legal Theory 13 (2):101-128.
    Justice, you might think, is the first virtue of the law. After all, we call our judges justices, the administration of law the administration of justice, and the government's legal department the Justice Department. We should reject this Priority of Justice for the Law in favor of the more moderate Priority of Justice for the Courts, the view that justice is the first virtue of the law courts. Under its comparative conception, justice is distinguishable by its concern with the relative (...)
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  • What Do Gestational Mothers Deserve?Joshua Shaw - 2016 - Ethical Theory and Moral Practice 19 (4):1031-1045.
    This paper analyzes the following question: What do women deserve, ethically speaking, when they agree to gestate a fetus on behalf of third parties? I argue for several claims. First, I argue that gestational motherhood’s moral significance has been misunderstood, an oversight I attribute to the focus in family ethics on the conditions of parenthood. Second, I use a less controversial version of James Rachels’s account of desert to argue that gestational mothers deserve a parent-like voice as well as significant (...)
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  • Intention in ethics.Joseph Shaw - 2006 - Canadian Journal of Philosophy 36 (2):187-223.
    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 (...)
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  • Free will and the structure of motivation.David Shatz - 1985 - Midwest Studies in Philosophy 10 (1):451-82.
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  • Free Will and the Structure of Motivation.David Shatz - 1986 - Midwest Studies in Philosophy 10 (1):451-482.
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  • The intentionality of intention and action.John R. Searle - 1979 - Inquiry: An Interdisciplinary Journal of Philosophy 22 (1-4):253 – 280.
    This article presents a sketch of a theory of action. It does so by locating the relation of intention to action -vithin a general theory of Intentionality. It introduces a distinction between ptiorintentions and intentions in actions; the concept of the experience of acting; and the thesis that both prior intentions and intentions in action are causally self-referential. Each of these is independently motivated, but together they allow suggested solutions to several outstanding problems within action theory (deviant causal chains, the (...)
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  • The Intentionality of Intention and Action.John R. Searle - 1980 - Cognitive Science 4 (1):47-70.
    Cognitive Science is likely to make little progress in the study of human behavior until we have a clear account of what a human action is. The aim of this paper is to present a sketch of a theory of action. I will locate the relation of intention to action within a general theory of Intentionality. I will introduce a distinction between prior intentions and intentions in actions; the concept of the experience of acting; and the thesis that both prior (...)
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  • Schizophrenia and Moral Responsibility: A Kantian Essay.Matthé Scholten - 2016 - Philosophia 44 (1):205-225.
    In this paper, I give a Kantian answer to the question whether and why it would be inappropriate to blame people suffering from mental disorders that fall within the schizophrenia spectrum. I answer this question by reconstructing Kant’s account of mental disorder, in particular his explanation of psychotic symptoms. Kant explains these symptoms in terms of various types of cognitive impairment. I show that this explanation is plausible and discuss Kant’s claim that the unifying feature of the symptoms is the (...)
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  • Davis, Unfair Advantage Theory, and Criminal Desert.Don E. Scheid - 1995 - Law and Philosophy 14 (3/4):375 - 409.
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  • Giving desert its due.Thomas M. Scanlon - 2013 - Philosophical Explorations 16 (2):101-116.
    I will argue that a desert-based justification for treating a person in a certain way is a justification that holds this treatment to be justified simply by what the person is like and what he or she has done, independent of (1) the fact that treating the person in this way will have good effects (or that treating people like him or her in this way will have such effects); (2) the fact that this treatment is called for by some (...)
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  • A new asymmetry between actions and omissions.Carolina Sartorio - 2005 - Noûs 39 (3):460–482.
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  • Empirical Social Choice: Questionnaire-Experimental Studies on Distributive Justice, Wulf Gaertner and Erik Schokkaert. Cambridge University Press, 2012, 228 pages. [REVIEW]Joshua Rust - 2012 - Economics and Philosophy 28 (3):443-450.
    Book Reviews Joshua Rust, Economics and Philosophy, FirstView Article.
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  • A Puzzle Concerning Blame Transfer.Philip Robichaud & Jan Willem Wieland - 2019 - Philosophy and Phenomenological Research 99 (1):3-26.
    Suppose that you are a doctor and that you prescribed a drug to a patient who died as a result. Suppose further that you could have known about the risks of this drug, and that you are blameworthy for your ignorance. Does the blameworthiness for your ignorance ‘transfer’ to blameworthiness for your ignorant action in this case? Many are inclined accept that such transfer can occur and that blameworthiness for ignorant conduct can be derivative or indirect in this way. In (...)
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  • Can There Be Full Excuses for Morally Wrong Actions?Eduardo Rivera-lópez - 2007 - Philosophy and Phenomenological Research 73 (1):124-142.
    Most people (and philosophers) distinguish between performing a morally wrong action and being blameworthy for having performed that action, and believe that an individual can be fully excused for having performed a wrong action. My purpose is to reject this claim. More precisely, I defend what I call the “Dependence Claim”: A's doing X is wrong only if A is blameworthy for having done X. I consider three cases in which, according to the traditional view, a wrong action could be (...)
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  • Restitution: Pure or punitive?Richard Dagger - 1991 - Criminal Justice Ethics 10 (2):29-39.
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  • Responsibility Allocation and Human Rights.Anthony Reeves - 2017 - Ethical Theory and Moral Practice 20 (3):627-642.
    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 (...)
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  • Cosmopolitan pacifism.Soran Reader - 2007 - Journal of Global Ethics 3 (1):87 – 103.
    In this paper I argue that cosmopolitanism prohibits war and requires a global approach to criminal justice. My argument proceeds by drawing out some implications of the core cosmopolitan intuition that every human being has a moral status which constrains how they may be treated. In the first part of this paper, I describe cosmopolitanism. In the second part, Cosmopolitanism and War, I analyse violence, consider the standards cosmopolitanism sets for its justification, and argue that war fails to meet them. (...)
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  • Diversity and uniformity in genetic responsibility: moral attitudes of patients, relatives and lay people in Germany and Israel. [REVIEW]Aviad E. Raz & Silke Schicktanz - 2009 - Medicine, Health Care and Philosophy 12 (4):433-442.
    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 (...)
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  • The Justice of Forgiveness.Daniel Philpott - 2013 - Journal of Religious Ethics 41 (3):400-416.
    Over the past generation, forgiveness has entered the political sphere in countries all over the globe that are addressing the past injustices of war, dictatorship, genocide, and the maltreatment of native peoples. Among the international community, however, the practice is controversial, criticized as unjust for burdening victims and foregoing deserved punishment. This essay argues that forgiveness is not contrary to justice but rather reflective of it if justice means restoration of right relationship, a concept embedded in the scriptures and traditions (...)
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  • predictions, Dangerousness, and Retributivism.Thomas Søbirk Petersen - 2014 - The Journal of Ethics 18 (2):137-151.
    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 (...)
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  • A Defense of Free Will Skepticism: Replies to Commentaries by Victor Tadros, Saul Smilansky, Michael McKenna, and Alfred R. Mele on Free Will, Agency, and Meaning in Life.Derk Pereboom - 2017 - Criminal Law and Philosophy 11 (3):617-636.
    This paper features Derk Pereboom’s replies to commentaries by Victor Tadros and Saul Smilansky on his non-retributive, incapacitation-focused proposal for treatment of dangerous criminals; by Michael McKenna on his manipulation argument against compatibilism about basic desert and causal determination; and by Alfred R. Mele on his disappearing agent argument against event-causal libertarianism.
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  • Rationalism about Obligation.David Owens - 2008 - European Journal of Philosophy 16 (3):403-431.
    In our thinking about what to do, we consider reasons which count for or against various courses of action. That having a glass of wine with dinner would be pleasant and make me sociable recommends the wine. That it will disturb my sleep and inhibit this evening’s work counts against it. I determine what I ought to do by weighing these considerations and deciding what would be best all things considered. A practical reason makes sense of a course of action (...)
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  • Accountability in a computerized society.Helen Nissenbaum - 1996 - Science and Engineering Ethics 2 (1):25-42.
    This essay warns of eroding accountability in computerized societies. It argues that assumptions about computing and features of situations in which computers are produced create barriers to accountability. Drawing on philosophical analyses of moral blame and responsibility, four barriers are identified: 1) the problem of many hands, 2) the problem of bugs, 3) blaming the computer, and 4) software ownership without liability. The paper concludes with ideas on how to reverse this trend.
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  • No Body to Kick, No Soul to Damn: Responsibility and Accountability for the Financial Crisis.Olivia Nicol - 2018 - Journal of Business Ethics 151 (1):101-114.
    This article takes the 2008–2010 financial crisis as a case study to explore the tension between responsibility and accountability in complex crises. I analyze the patterns of attribution and assumption of responsibility of thirty-three bankers in Wall Street, interviewed from fall 2008 to summer 2010. First, I show that responsibility for complex failures cannot be easily attributed or assumed: responsibility becomes diluted within the collective. Actors can only assume collective responsibility, recognizing that they belong to an institution at fault. Second, (...)
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  • Desert, fairness, and resentment.Dana Kay Nelkin - 2013 - Philosophical Explorations 16 (2):117-132.
    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 (...)
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  • Punishment and Loss of Moral Standing.Christopher W. Morris - 1991 - Canadian Journal of Philosophy 21 (1):53 - 79.
    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?
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  • Do CEOS get Paid too much?Jeffrey Moriarty - 2005 - Business Ethics Quarterly 15 (2):257-281.
    Abstract:In 2003, CEOs of the 365 largest U.S. corporations were paid on average $8 million, 301 times as much as factory workers. This paper asks whether CEOs get paid too much. Appealing to widely recognized moral values, I distinguish three views of justice in wages: the agreement view, the desert view, and the utility view. I argue that, no matter which view is correct, CEOs get paid too much. I conclude by offering two ways CEO pay might be reduced.
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  • Against the asymmetry of desert.Jeffrey Moriarty - 2003 - Noûs 37 (3):518–536.
    Desert plays a central role in most contemporary theories of retributive justice, but little or no role in most contemporary theories of distributive justice. This asymmetric treatment of desert is prima facie strange. I consider several popular arguments against the use of desert in distributive justice, and argue that none of them can be used to justify the asymmetry.
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  • The Destruction of the World Trade Center and the Law on Event-identity.Michael S. Moore - 2004 - Royal Institute of Philosophy Supplement 55:259-342.
    September 11, 2001 brought to legal awareness an issue that has long puzzled metaphysicians. The general issue is that of event-identity, drawing the boundaries of events so that we can tell when there is one event and when there are two. The September 11th version of that issue is: how many occurrences of insured events were there on September 11, 2001 in New York? Was the collapse of the two World Trade Center Towers one event, despite the two separate airliners (...)
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  • Derivative culpability.Martin Montminy - 2019 - Canadian Journal of Philosophy 49 (5):689-709.
    I explore the question of when an agent is derivatively, rather than directly, culpable for an undesirable outcome. The undesirable outcome might be a harmful incompetent or unwitting act, or it might be a harmful event. By examining various cases, I develop a sophisticated account of indirect culpability that is neutral about controversies regarding normative ethical issues and the condition on direct culpability.
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  • Desert in liberal justice: beyond institutional guarantees.J. P. Messina - 2016 - Canadian Journal of Philosophy 46 (2):248-267.
    I argue that a theory of distributive justice is sensitive to desert if and only if it does not require an institutional scheme that prevents individuals from treating one another as they deserve, and requires a desert ethos. A desert ethos is a set of principles that, though not embodied in a society’s basic coercive structure, nevertheless governs interpersonal relations between citizens. These two necessary conditions are jointly sufficient for ‘giving desert its due’ in a theory of justice. I therefore (...)
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  • The Free Will Debate and Basic Desert.Michael McKenna - 2019 - The Journal of Ethics 23 (3):241-255.
    A familiar claim in the free will debate is that the freedom in dispute between compatibilists and incompatibilists is limited to the type required for an agent to deserve blame for moral wrongdoing, and to deserve it in a sense that is basic. In this paper, I seek a rationale for this claim, offer an explanation of basic desert, and then argue that the free will debate can persist even when divorced from basic desert.
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