Control accounts of moral responsibility argue that agents must possess certain capacities in order to be blameworthy for wrongdoing. This is sometimes thought to be revisionary, because reflection on our moral practices reveals that we often blame many agents who lack these capacities. This paper argues that Control accounts of moral responsibility are not too revisionary, nor too permissive, because they can still demand quite a lot from excused wrongdoers. Excused wrongdoers can acquire duties of reconciliation, which require that they (...) improve themselves, make reparations for the harm caused, and retract the meaning expressed in the original wrong. Failure to do these things expresses a lack of regard for the victims, and can make those wrongdoers appropriate targets of blame. (shrink)

Two generally recognized moral duties are to reciprocate benefits one has received from others and to compensate harms one has done to others. In this paper I want to show that it is not possible to give an adequate account of either duty – or at least one that corresponds to our actual practices – within a contractualist moral theory of the type developed by T. M. Scanlon (1982, 1998). This fact is interesting in its own right, as contractualism is (...) a leading contemporary contender among deontological moral theories, and the two duties I have mentioned are fairly standard ingredients of such theories. But it also serves to highlight a general problem with contractualism, at least in Scanlon’s version – namely its one-dimensional view of the keystone of any plausible deontological theory: the idea of respect for persons. (shrink)

This essay seeks to understand the domain and demands of reparative justice in terms of moral vulnerability. Significant harms raise the question of whether victims stand in truly reciprocal practices of accountability; if they do, they enjoy the power of calling others to account as well as bearing the liability of being accountable to others. In the aftermath of harms, victims’ moral vulnerability is tested: they may be exposed to the insult and injury of discovering that they do not enjoy (...) the moral standing of holding others accountable. While the occasion of reparative justice is significant wrongs and wrongful harms and losses, this essay argues that the aim of reparative practices is not only or even primarily to redress those harms and losses, but to address the moral vulnerability of victims by affirming their status in accountability relations. (shrink)

In this paper I discuss the proposal that the law of torts exists to do justice, more specifically corrective justice, between the parties to a tort case. My aims include clarifying the proposal and defending it against some objections (as well as saving it from some defences that it could do without). Gradually the paper turns to a discussion of the rationale for doing corrective justice. I defend what I call the ‘continuity thesis’ according to which at least part of (...) the rationale for doing corrective justice is to mitigate one’s wrongs, including one’s torts. I try to show how much of the law of torts this thesis helps to explain, but also what it leaves unexplained. In the process I show (what I will discuss in a later companion paper) that ‘corrective justice’ cannot be a complete answer to the question of what tort law is for. (shrink)

Moral dilemmas, or moral conflicts, present a leading problem in Ethics. Ross calls them the problem of conflicting prima facie moral obligations. Lemmon calls them ‘moral dilemmas’, and Sinnott-Armstrong in his recent book discusses them thoroughly and provides extensive references to relevant literature.

Like theories of punishment, theories of reverse discrimination can usefully be divided into forward-looking ones and backward-looking ones. One example of the former type of theory is Dworkin's, who defends the policy on the ground that it will produce ‘a more equal society’. Another is Sher's, who defends it on the ground that it increases equality of opportunity. This essay is an examination of the latter type of theory. Compensatory discrimination is related, then, to discrimination thus: discrimination is the genus, (...) of which reverse discrimination is a species, of which compensatory discrimination is a sub-species. It will be convenient to proceed by examining successively the ideas of discrimination, of compensation, and of compensatory discrimination. (shrink)