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  1. Rethinking Criminal Justice.Erin I. Kelly - 2020 - Res Philosophica 97 (2):169-183.
    The punitive, moralizing conception of individual responsibility commonly associated with retributive justice exaggerates the moral meaning of criminal guilt. Criminal guilt does not imply moral desert, nor does it justify moral blame. Mental illness, intellectual disability, addiction, immaturity, poverty, and racial oppression are factors that mitigate our sense of a wrongdoer’s moral desert, though they are mostly not treated by the criminal justice system as relevant to criminal culpability. The retributive theory also distracts from shared responsibility for social injustice. Instead (...)
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  • (2 other versions)Social Objects.Barry Smith - 1999 - Philosophiques 26 (2):315-347.
    One reason for the renewed interest in Austrian philosophy, and especially in the work of Brentano and his followers, turns on the fact that analytic philosophers have become once again interested in the traditional problems of metaphysics. It was Brentano, Husserl, and the philosophers and psychologists whom they influenced, who drew attention to the thorny problem of intentionality, the problem of giving an account of the relation between acts and objects or, more generally, between the psychological environments of cognitive subjects (...)
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  • Responsibility for states' actions: Normative issues at the intersection of collective agency and state responsibility.Holly Lawford-Smith & Stephanie Collins - 2017 - Philosophy Compass 12 (11):e12456.
    Is the state a collective agent? Are citizens responsible for what their states do? If not citizens, then who, if anyone, is responsible for what the state does? Many different sub-disciplines of philosophy are relevant for answering these questions. We need to know what “the state” is, who or what it's composed of, and what relation the parts stand in to the whole. Once we know what it is, we need to know whether that thing is an agent, in particular (...)
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  • (2 other versions)Les objects sociaux.Barry Smith - 2002 - Philosophique 26 (2):315–347.
    One reason for the renewed interest in Austrian philosophy, and especially in the work of Brentano and his followers, turns on the fact that analytic philosophers have become once again interested in the traditional problems of metaphysics. It was Brentano, Husserl, and the philosophers and psychologists whom they influenced, who drew attention to the thorny problem of intentionality, the problem of giving an account of the relation between acts and objects or, more generally, between the psychological environments of cognitive subjects (...)
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  • (1 other version)The Transfer of Duties: From Individuals to States and Back Again.Stephanie Collins & Holly Lawford-Smith - 2016 - In Michael Brady & Miranda Fricker (eds.), The Epistemic Life of Groups: Essays in the Epistemology of Collectives. Oxford, United Kingdom: Oxford University Press UK. pp. 150-172.
    Individuals sometimes pass their duties on to collectives, which is one way in which collectives can come to have duties. The collective discharges its duties by acting through its members, which involves distributing duties back out to individuals. Individuals put duties in and get (transformed) duties out. In this paper we consider whether (and if so, to what extent) this general account can make sense of states' duties. Do some of the duties we typically take states to have come from (...)
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  • State of the Art: The Duty to Obey the Law.William A. Edmundson - 2004 - Legal Theory 10 (4):215–259.
    Philosophy, despite its typical attitude of detachment and abstraction, has for most of its long history been engaged with the practical and mundane-seeming question of whether there is a duty to obey the law. As Matthew Kramer has recently summarized: “For centuries, political and legal theorists have pondered whether each person is under a general obligation of obedience to the legal norms of the society wherein he or she lives. The obligation at issue in those theorists' discussions is usually taken (...)
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  • Obligation and Joint Commitment.Margaret Gilbert - 1999 - Utilitas 11 (2):143.
    I argue that obligations of an important type inhere in what I call 'joint commitments'. I propose a joint commitment account of everyday agreements. This could explain why some philosophers believe that we know of the obligating nature of agreements a priori. I compare and contrast obligations of joint commitment with obligations in the relatively narrow sense recommended by H. L. A. Hart, a recommendation that has been influential. Some central contexts in which Hart takes there to be obligations in (...)
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  • The cognitive geometry of war.Barry Smith - 1989 - In Constraints on Correspondence. Hölder/Pichler/Tempsky. pp. 394--403.
    When national borders in the modern sense first began to be established in early modern Europe, non-contiguous and perforated nations were a commonplace. According to the conception of the shapes of nations that is currently preferred, however, nations must conform to the topological model of circularity; their borders must guarantee contiguity and simple connectedness, and such borders must as far as possible conform to existing topographical features on the ground. The striving to conform to this model can be seen at (...)
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  • Is blame warranted in applying justice?Erin I. Kelly - 2023 - Critical Review of International Social and Political Philosophy 26 (1):71-87.
    The belief that people convicted of crimes deserve punishment is commonplace. Yet the punitive conception of individual responsibility commonly associated with ‘just deserts’ exaggerates the moral meaning of criminal guilt, normalizes excessive punishment, and distracts from shared responsibility for social injustice. The problem is, many people who get caught up in the criminal justice system cannot reasonably be thought to deserve their fate. Mental illness, intellectual disability, addiction, trauma, and poverty are morally mitigating factors when it comes to assessing how (...)
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  • Against Normative Consent.Nicolas Frank - 2016 - Journal of Social Philosophy 47 (4):470-487.
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  • Political obligation.Richard Dagger - unknown - Stanford Encyclopedia of Philosophy.
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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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  • (1 other version)Social Rules: Some Problems for Hart’s Account, and an Alternative Proposal. [REVIEW]Margaret Gilbert - 1999 - Law and Philosophy 18 (2):141-171.
    What is a social rule? This paper first notes three important problems for H.L.A. Hart's famous answer in the Concept of Law. An alternative account that avoids the problems is then sketched. It is less individualistic than Hart's and related accounts. This alternative account can explain a phenomenon observed but downplayed by Hart: the parties to a social rule feel that they are in some sense 'bound' to conform to it.
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  • A Utilitarian Account of Political Obligation.Brian Collins - 2014 - Dissertation, The University of Iowa
    One of the core issues in contemporary political philosophy is concerned with `political obligation.' Stated in an overly simplified way, the question being asked when one investigates political obligation is, "What, if anything, do citizens owe to their government and how are these obligations generated if they do exist?" The majority of political philosophers investigating this issue agree that a political obligation is a moral requirement to act in certain ways concerning political matters. Despite this agreement about the general nature (...)
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  • (1 other version)El consenso como concepto filosófico-político: contribución a la historia y a la re-composición de un rompecabezas teórico.Luca Mori - 2014 - Eidos: Revista de Filosofía de la Universidad Del Norte 21:12-41.
    Aunque el uso no problematizado en el lenguaje ordinario de los términos "consenso" y "consentimiento" sugiere que debe haber alguna comprensión compartida de su significado, no hay un acuerdo generalizado sobre el uso de estos conceptos entre los filósofos políticos. De hecho, el significado filosófico de estos conceptos sigue siendo elusivo y controvertido; tal vez precisamente a causa de su amplitud y centralidad. Teniendo en cuenta los numerosos intentos de explicar satisfactoriamente consenso y consentimiento -que con el tiempo se han (...)
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  • Associative Obligation and Law's Authority.Stephen Utz - 2004 - Ratio Juris 17 (3):285-314.
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  • Sociality as a philosophically significant category.Margaret Gilbert - 1994 - Journal of Social Philosophy 25 (3):5-25.
    Different accounts of what it is for something to have a social nature have been given. Sociality does not appear to be a category worthy of philosophical focus, given some of these accounts. If sociality is construed as plural subjecthood, it emerges as a category crucial for our understanding of the human condition. Plural subjects are constituted by a joint commitment of two or more persons to do something as a body. Such commitments generate rights and obligations of a special (...)
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