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Punishment and Responsibility

Philosophy 45 (172):162-162 (1968)

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  1. The Gender Question in Criminal Law.Stephen J. Schulhofer - 1990 - Social Philosophy and Policy 7 (2):105-137.
    Over the past decade, both the doctrine and the practice of criminal law have come under intensely critical review by feminist scholars and reformers. The territory under reexamination by or because of feminists spans the problems of women as witnesses, defendants, and prisoners in the criminal justice system; it extends to the situation of women as potential victims and offenders in diverse offense circumstances. Crimes in which the defendant or victim is typically female (e.g., prostitution, rape) are predictable subjects of (...)
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  • Verantwortung oder Pflicht? Zur Frage der Aktualität und Unterscheidbarkeit zweier philosophischer Grundbegriffe.Valentin Beck - 2015 - Zeitschrift für Praktische Philosophie 2 (2):165-202.
    Im diesem Aufsatz nehme ich die Popularität des Verantwortungsbegriffs in der Alltagssprache zum Anlass, um seinem Verhältnis zum Pflichtbegriff auf den Grund zu gehen. Dabei unterziehe ich den Verantwortungsbegriff zunächst einer allgemeinen Analyse. Anschließend diskutiere ich in Gestalt von Indeterminismus, Amoralismus und Interaktionismus drei Modi der missbräuchlichen Verwendung dieses Begriffs. Dabei handelt es sich jedoch bei genauerer Betrachtung um allgemeine rhetorische Verschleierungsstrategien, die nicht an die Verwendung des Verantwortungsbegriffs gebunden sind, sondern in der kommunikativen Bezugnahme auf moralische Forderungen generell auftreten (...)
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  • Free Will Denialism as a Dangerous Gamble.Saul Smilansky - 2024 - Diametros 21 (79):119-131.
    Denialism concerning free will and moral responsibility combines, in its minimal form, the rejection of libertarian free will and the rejection of compatibilism. I will address the more ambitiously “happy” or “optimistic” version of denialism, which also claims that we are better off without belief in free will and moral responsibility, and ought to try to radically reform our moral, social and personal lives without such beliefs. I argue that such denialism involves, for various reasons, a dangerous gamble, which it (...)
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  • The Medical Exception to the Prohibition of Killing: A Matter of the Right Intention?Govert Den Hartogh - 2019 - Ratio Juris 32 (2):157-176.
    It has long been thought that by using morphine to alleviate the pain of a dying patient, a doctor runs the risk of causing his death. In all countries this kind of killing is explicitly or silently permitted by the law. That permission is usually explained by appealing to the doctrine of double effect: If the use of morphine shortens life, that is only an unintended side effect. The paper evaluates this view, finding it flawed beyond repair and proposing an (...)
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  • Moral Responsibility, Shared Values, and Corporate Culture.James Dempsey - 2015 - Business Ethics Quarterly 25 (3):319-340.
    ABSTRACT:Although it is unremarkable to hear a corporate culture described as ethical or unethical, it remains quite unclear what such a claim means or how it may be justified. I begin by addressing these two questions by offering an account of corporate culture as the intrinsic values that are shared by organisation members and that underpin organisational goals. I then employ this analysis to offer a new account of how moral responsibility is generated and distributed in business organisations. Since certain (...)
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  • Two Cheers for “Closeness”: Terror, Targeting and Double Effect.Neil Francis Delaney - 2008 - Philosophical Studies 137 (3):335-367.
    Philosophers from Hart to Lewis, Johnston and Bennett have expressed various degrees of reservation concerning the doctrine of double effect. A common concern is that, with regard to many activities that double effect is traditionally thought to prohibit, what might at first look to be a directly intended bad effect is really, on closer examination, a directly intended neutral effect that is closely connected to a foreseen bad effect. This essay examines the extent to which the commonsense concept of intention (...)
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  • Replies to Sherman, Nussbaum, and Berman.John Deigh - 2022 - Philosophy and Phenomenological Research 104 (3):792-801.
    Philosophy and Phenomenological Research, Volume 104, Issue 3, Page 792-801, May 2022.
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  • Compromise.J. P. Day - 1989 - Philosophy 64 (250):471-485.
    Human conflict and its resolution is obviously a subject of great practical importance. Equally obviously, it is a vast subject, ranging from total war at one end of the spectrum to negotiated settlement at its other end. The literature on the subject is correspondingly vast and, in recent times, technical, thanks to the valuable contributions made to it by game theorists, economists, and writers on industrial and international relations. In this essay, however, I shall discuss only one familiar form of (...)
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  • Institutional Responsibility is Prior to Personal Responsibility in a Pandemic.Ben Davies & Julian Savulescu - forthcoming - Journal of Value Inquiry:1-20.
    On 26 January 2021, while announcing that the country had reached the mark of 100,000 deaths within 28 days of COVID-19, UK Prime Minister Boris Johnson said that he took “full responsibility for everything that the Government has done” as part of British efforts to tackle the pandemic. The force of this statement was undermined, however, by what followed: -/- What I can tell you is that we truly did everything we could, and continue to do everything that we can, (...)
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  • A Plea for Excuses?David Holdcroft - 1969 - Philosophy 44 (170):314 - 330.
    In ‘A Plea For Excuses’ Austin observes that there are many situations in which a person accused of doing an action A wishes to protest that it is not altogether accurate or fair to say that he did A. The person may wish to excuse himself from an accusation of doing A on the grounds that what happened was inadvertent, or the result of an accident, or done by mistake etc. etc. Moreover if he really has an excuse, then it (...)
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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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  • Three Cheers for Double Effect.Samuel C. Rickless Dana Kay Nelkin - 2014 - Philosophy and Phenomenological Research 89 (1):125-158.
    The doctrine of double effect, together with other moral principles that appeal to the intentions of moral agents, has come under attack from many directions in recent years, as have a variety of rationales that have been given in favor of it. In this paper, our aim is to develop, defend, and provide a new theoretical rationale for a secular version of the doctrine. Following Quinn (1989), we distinguish between Harmful Direct Agency and Harmful Indirect Agency. We propose the following (...)
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  • Tragic Choices and the Virtue of Techno-Responsibility Gaps.John Danaher - 2022 - Philosophy and Technology 35 (2):1-26.
    There is a concern that the widespread deployment of autonomous machines will open up a number of ‘responsibility gaps’ throughout society. Various articulations of such techno-responsibility gaps have been proposed over the years, along with several potential solutions. Most of these solutions focus on ‘plugging’ or ‘dissolving’ the gaps. This paper offers an alternative perspective. It argues that techno-responsibility gaps are, sometimes, to be welcomed and that one of the advantages of autonomous machines is that they enable us to embrace (...)
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  • Techno-optimism: an Analysis, an Evaluation and a Modest Defence.John Danaher - 2022 - Philosophy and Technology 35 (2):1-29.
    What is techno-optimism and how can it be defended? Although techno-optimist views are widely espoused and critiqued, there have been few attempts to systematically analyse what it means to be a techno-optimist and how one might defend this view. This paper attempts to address this oversight by providing a comprehensive analysis and evaluation of techno-optimism. It is argued that techno-optimism is a pluralistic stance that comes in weak and strong forms. These vary along a number of key dimensions but each (...)
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  • Robots, Law and the Retribution Gap.John Danaher - 2016 - Ethics and Information Technology 18 (4):299–309.
    We are living through an era of increased robotisation. Some authors have already begun to explore the impact of this robotisation on legal rules and practice. In doing so, many highlight potential liability gaps that might arise through robot misbehaviour. Although these gaps are interesting and socially significant, they do not exhaust the possible gaps that might be created by increased robotisation. In this article, I make the case for one of those alternative gaps: the retribution gap. This gap arises (...)
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  • Responsibility.J. Angelo Corlett - 2016 - The Journal of Ethics 20 (1-3):1-33.
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  • Criminal Quarantine and the Burden of Proof.Michael Louis Corrado - 2019 - Philosophia 47 (4):1095-1110.
    In the recent literature a number of free will skeptics, skeptics who believe that punishment is justified only if deserved, have argued for these two points: first, that the free will realist who would justify punishment has the burden of establishing to a high level of certainty - perhaps beyond a reasonable doubt, but certainly at least by clear and convincing evidence - that any person to be punished acted freely in breaking the law; and, second, that that level of (...)
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  • Collective Responsibility Gaps.Stephanie Collins - 2019 - Journal of Business Ethics 154 (4):943-954.
    Which kinds of responsibility can we attribute to which kinds of collective, and why? In contrast, which kinds of collective responsibility can we not attribute—which kinds are ‘gappy’? This study provides a framework for answering these questions. It begins by distinguishing between three kinds of collective and three kinds of responsibility. It then explains how gaps—i.e. cases where we cannot attribute the responsibility we might want to—appear to arise within each type of collective responsibility. It argues some of these gaps (...)
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  • What’s Really Wrong with Fining Crimes? On the Hard Treatment of Criminal Monetary Fines.Ivó Coca-Vila - 2022 - Criminal Law and Philosophy 16 (2):395-415.
    Among the advocates of expressive theories of punishment, there is a strong consensus that monetary fines cannot convey the message of censure that is required to punish serious crimes or crimes against the person. Money is considered an inappropriate symbol to express condemnation. In this article, I argue that this sentiment is correct, although not for the reasons suggested by advocates of expressivism. The monetary day-fine should not be understood as a simple deprivation of money, but as a punishment that (...)
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  • Nowhere to run? Punishing war crimes.Michael Clark & Peter Cave - 2010 - Res Publica 16 (2):197-207.
    This paper’s aim is to provide overview of the punishment of war crimes. It considers first the rationale of the law of war, the identification and scope of war crimes, and proceeds to consider the justification of punishing war crimes, arguing for a consequentialist view with side-constraints. It then considers the alternative of reconciliation.
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  • Death and retribution.Claire Finkelstein - 2002 - Criminal Justice Ethics 21 (2):12-21.
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  • “Dangerous Connections”. The Problem of Closeness in the Contemporary Debate on the Principle of Double Effect.Barbara Chyrowicz - 2023 - Diametros 20 (78):133-164.
    The problem of closeness was posed by Philippa Foot in the article “The Problem of Abortion and the Doctrine of Double Effect”. Foot criticizes the classic version of the principle of double effect which distinguishes direct from indirect intention. On this basis, she considers it justified to cause bad effects which were foreseen but not intended. She believes that if we consider causing a bad effect to be justified then the way we do it is irrelevant, while the reference to (...)
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  • Can the public be held accountable?Clifford G. Christians - 1988 - Journal of Mass Media Ethics 3 (1):50 – 58.
    Can groups such as audiences be held collectively accountable in matters of ethics, or does it really distill down to the ethics of the individual? The author discusses individual and collective accountability, and then details a systematic approach to collective responsibility.
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  • Excuses and Alternatives.Simon-Pierre Chevarie-Cossette - 2021 - Canadian Journal of Philosophy 51 (1):1-16.
    A version of the principle of alternate possibilities claims that one is only blameworthy for actions which one was able to avoid. Much of the discussion about PAP concerns Frankfurt’s counterexamples to it. After fifty years of refined debates, progress might seem hopeless. Yet, we can make headway by asking: “what’s our reason for believing PAP?” The best answer is this: lacking eligible alternatives—alternatives whose cost is not too high to reasonably opt for—is a good excuse. Yet, this principle is (...)
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  • Corporate Social Work or ‘Being’ Empowered and ‘Doing’ Empowerment: Preface to a Discourse Ethical Monitoring of the Capability Approach.Arnab Chatterjee - 2011 - Journal of Human Values 17 (2):161-170.
    Is there a corporate social work? Do business corporations as a part of their ‘social responsibility’ aim to socially empower the community by enhancing their basic ‘capability’ registers? While the newly acquired critical conscience has made social work ethics self-reflexive and thus interrogative about a lot of concept-metaphors taken for granted in traditional social work discourse, the language of ‘empowerment’ seems to have still bullied this apocalyptic, experimental eye. All the negative effects of power are lost in the blood of (...)
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  • Degrees of Assertability.Sam Carter - 2020 - Philosophy and Phenomenological Research 104 (1):19-49.
    Philosophy and Phenomenological Research, Volume 104, Issue 1, Page 19-49, January 2022.
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  • Role Responsibility.Peter Cane - 2016 - The Journal of Ethics 20 (1-3):279-298.
    This article is about ‘role responsibility’ as understood by H. L. A. Hart in his taxonomy of responsibility concepts in his book, Punishment and Responsibility. More particularly, it focuses on what I call ‘public, institutional role responsibility’. The main arguments are that such role responsibility is based on authority and power rather than physical and mental capacity; and the foundation of role responsibility in authority has significant implications for what Hart referred to as ‘liability–responsibility’, which I unpack in terms of (...)
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  • A Compatibilist Theory of Alternative Possibilities.Joseph Keim Campbell - 1997 - Philosophical Studies 88 (3):319-330.
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  • Retributivism, Consequentialism, and the Risk of Punishing the Innocent: The Troublesome Case of Proxy Crimes.Piotr Bystranowski - 2017 - Diametros 53:26-49.
    This paper discusses differences between two major schools in philosophy of criminal law, retributivism and consequentialism, with regard to the risk of punishing the innocent. As it is argued, the main point of departure between these two camps in this respect lies in their attitude towards the high evidentiary threshold in a criminal trial: while retributivism seems to strongly support setting this standard high, consequentialists may find it desirable to relax it in some cases. This discussion is set in the (...)
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  • Excusing Necessity and Terror: What Criminal Law Can Teach Constitutional Law. [REVIEW]Alan Brudner - 2009 - Criminal Law and Philosophy 3 (2):147-166.
    This essay proposes a theory of excuse that, without blending it into exculpation, avoids the condonation of crime. The question it takes up is: given that neither compulsion by circumstances nor by human threats removes the legal reason for punishing, how can its exonerating force be rendered compatible with the state’s general duty to punish the guilty? The chapter criticizes various proposals for reconciling excuse with the duty to punish the guilty, including the moral involuntariness theory, the concession to frailty (...)
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  • Situationism, responsibility, and fair opportunity.David O. Brink - 2013 - Social Philosophy and Policy 30 (1-2):121-149.
    The situationist literature in psychology claims that conduct is not determined by character and reflects the operation of the agent's situation or environment. For instance, due to situational factors, compassionate behavior is much less common than we might have expected from people we believe to be compassionate. This article focuses on whether situationism should revise our beliefs about moral responsibility. It assesses the implications of situationism against the backdrop of a conception of responsibility that is grounded in norms about the (...)
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  • Locke on Punishment and the Death Penalty.Brian Calvert - 1993 - Philosophy 68 (264):211 - 229.
    At the end of the opening chapter of his Second Treatise of Government , Locke describes political power in the following terms: ‘Political Power then I take to be a Right of making Laws with Penalties of Death, and consequently all less Penalties, for the Regulating and Preserving of Property, and of employing the force of the Community, in the Execution of such Laws, and in the defence of the Common-wealth from Foreign Injury, and all this only for the Publick (...)
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  • A Primer on the distinction between justification and excuse.Andrew Botterell - 2009 - Philosophy Compass 4 (1):172-196.
    This article is about the distinction between justification and excuse, a distinction which, while familiar, remains controversial. My discussion focuses on three questions. First, what is the distinction? Second, why is it important? And third, what are some areas of inquiry in which the distinction might be philosophically fruitful? I suggest that the distinction has practical and theoretical consequences, and is therefore worth taking seriously; I highlight two philosophical issues in which the distinction might play a useful role; but I (...)
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  • La responsabilité de l'agent dans la philosophie analytique de l'action: une interprétation.François Blais - 1994 - Dialogue 33 (4):643-.
    Le concept de responsabilité vient généralement et spontanément à l'esprit de la plupart d'entre nous quand il est question d'action humaine. Il est surprenant pour cette raison que dans l'histoire de la philosophie de l'action, particulièrement l'histoire récente, la responsabilité ait été tenue autant à l'écart des discussions. En effet, après avoir joué chez les philosophes de la première génération suivant Wittgenstein, comme Hart, Melden, Chisholm et Rayfield, un rôle important, le concept de responsabilité a été, semble-t-il, progressivement évacué des (...)
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  • The uses of moral talk: Why do managers talk ethics? [REVIEW]Frederick Bird, Frances Westley & James A. Waters - 1989 - Journal of Business Ethics 8 (1):75 - 89.
    When managers use moral expressions in their communications, they do so for several, sometimes contradictory reasons. Based upon analyses of interviews with managers, this article examines seven distinctive uses of moral talk, sub-divided into three groupings: (1) managers use moral talk functionally to clarify issues, to propose and criticize moral justifications, and to cite relevant norms; (2) managers also use moral talk functionally to praise and to blame as well as to defend and criticize structures of authority; finally (3) managers (...)
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  • Criminal Responsibility and Neuroscience: No Revolution Yet.Ariane Bigenwald & Valerian Chambon - 2019 - Frontiers in Psychology 10.
    Since the 90’s, neurolaw is on the rise. At the heart of heated debates lies the recurrent theme of a neuro-revolution of criminal responsibility. However, caution should be observed: the alleged foundations of criminal responsibility (amongst which free will) are often inaccurate and the relative imperviousness of its real foundations to scientific facts often underestimated. Neuroscientific findings may impact on social institutions, but only insofar as they also engage in a political justification of the changes being called for, convince populations, (...)
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  • Reasonable standards and exculpating moral ignorance.Nathan Biebel - 2024 - Philosophical Studies 181 (1):1-21.
    It is widely agreed that ignorance of fact exculpates, but does moral ignorance exculpate? If so, does it exculpate in the same way as non-moral ignorance? In this paper I will argue that on one family of views explaining exculpating non-moral ignorance also explains exculpating moral ignorance. The view can be loosely stated in the following way: ignorance counts as an excuse only if it is not the result of a failure to meet some applicable reasonable epistemic standard—call this the (...)
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  • Trials and Punishments. [REVIEW]Jerome E. Bickenbach - 1988 - Canadian Journal of Philosophy 18 (4):765-786.
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  • Critical Notice.Jerome E. Bickenbach - 1988 - Canadian Journal of Philosophy 18 (4):765-786.
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  • Principles of Proportionate Punishment: Comments on John Deigh, From Psychology to Morality: Essays in Ethical Naturalism.Mitchell N. Berman - 2022 - Philosophy and Phenomenological Research 104 (3):784-791.
    Philosophy and Phenomenological Research, Volume 104, Issue 3, Page 784-791, May 2022.
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  • The decision to seek criminal charges: Just deserts and the waiver decision.Barry C. Feld - 1984 - Criminal Justice Ethics 3 (2):27-41.
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  • Individual Responsibility under Systemic Corruption: A Coercion-Based View.Carla Bagnoli & Emanuela Ceva - 2023 - Moral Philosophy and Politics 10 (1):95-117.
    Should officeholders be held individually responsible for submitting to systemically corrupt institutional practices? We draw a structural analogy between individual action under coercive threat and individual participation in systemic corruption, and we argue that officeholders who submit to corrupt institutional practices are not excused by the existence of a systemic coercive threat. Even when they have good personal reasons to accept the threat, they remain individually morally assessable and, in the circumstances, they are also individually blameworthy for actions performed in (...)
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  • Excuses for Hume's Skepticism.Yuval Avnur - 2015 - Philosophy and Phenomenological Research 92 (2):264-306.
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  • Turning the tide or surfing the wave? Responsible Research and Innovation, fundamental rights and neoliberal virtues.Simone Arnaldi & Guido Gorgoni - 2016 - Life Sciences, Society and Policy 12 (1):1-19.
    The notion of Responsible Research and Innovation has increasingly attracted attention in the academic literature. Up until now, however, the literature has focused on clarifying the principles for which research and innovation are responsible and on examining the conditions that account for managing them responsibly. Little attention has been reserved to exploring the political-economic context in which the notion of RRI has become progressively more prominent. This article tries to address this aspect and suggests some preliminary considerations on the connections (...)
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  • Equality, Responsibility and the Law, by Arthur Ripstein. [REVIEW]Richard J. Arneson - 2001 - Canadian Journal of Philosophy 31 (2):245-262.
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  • Care in Management: A Review and Justification of an Organizational Value.Denis G. Arnold & Roxanne L. Ross - 2023 - Business Ethics Quarterly 33 (4):617-654.
    Care has increasingly been promoted as an element of successful management practice. However, an ethic of care is a normative theory that was initially developed in reference to intimate relationships, and it is unclear if it is an appropriate normative standard in business. The purpose of this review is to bridge the social scientific study of care with philosophical understandings of care and to provide a theoretical justification for care as a managerial value. We review the three different forms of (...)
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  • Corporate Social Responsibility: One Size Does Not Fit All. Collecting Evidence from Europe.Argandoña Antonio & von Weltzien Hoivik Heidi - 2009 - Journal of Business Ethics 89 (S3):221-234.
    This article serves as an introduction to the collection of papers in this monographic issue on "What the European tradition can teach about Corporate Social Responsibility" and presents the rationale and the main hypotheses of the project. We maintain that corporate social responsibility (CSR) is an ethical concept, that the demands for socially responsible actions have been around since before the Industrial Revolution and that companies have responded to them, especially in Europe, and that the content of CSR has evolved (...)
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  • Compatibilism, Free Will and God.Antony Flew - 1973 - Philosophy 48 (185):231 - 244.
    In Chapter VI of his powerful study God and Other Minds Dr Alvin Plantinga deploys what—following a suggestion of mine—he calls ‘The Free Will Defence’. He presents his case there as a reaction to two earlier attempts to overcome that defence. I propose to take this chapter in Plantinga as my starting point here; and, as far as can be, to ignore, though not by that token to repudiate, those by now rather ancient earlier essays.
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  • Justifying the grounds of mitigation.Andrew J. Ashworth - 1994 - Criminal Justice Ethics 13 (1):5-10.
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  • Hegel on legal and moral responsibility.Mark Alznauer - 2008 - Inquiry: An Interdisciplinary Journal of Philosophy 51 (4):365 – 389.
    When Hegel first addresses moral responsibility in the Philosophy of Right, he presupposes that agents are only responsible for what they intended to do, but appears to offer little, if any, justification for this assumption. In this essay, I claim that the first part of the Philosophy of Right, “Abstract Right”, contains an implicit argument that legal or external responsibility (blame for what we have done) is conceptually dependent on moral responsibility proper (blame for what we have intended). This overlooked (...)
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