In A New Form of Agent-Based Virtue Ethics , Daniel Doviak develops a novel agent-based theory of right action that treats the rightness (or deontic status) of an action as a matter of the action’s net intrinsic virtue value (net-IVV)—that is, its balance of virtue over vice. This view is designed to accommodate three basic tenets of commonsense morality: (i) the maxim that “ought” implies “can,” (ii) the idea that a person can do the right thing for the wrong reason, (...) and (iii) the idea that a virtuous person can have “mixed motives.” In this paper, I argue that Doviak’s account makes an important contribution to agent-based virtue ethics, but it needs to be supplemented with a consequentialist account of the efficacy of well-motivated actions—that is, it should be transformed into a mixed (motives-consequences) account, while retaining its net-IVV calculus. This is because I believe that there are right-making properties external to an agent’s psychology which it is important to take into account, especially when an agent’s actions negatively affect other people. To incorporate this intuition, I add to Doviak’s net-IVV calculus a scale for outcomes . The result is a mixed view which accommodates tenets (ii) and (iii) above, but allows for (i) to fail in certain cases. I argue that, rather than being a defect, this allowance is an asset because our intuitions about ought-implies-can break down in cases where an agent is grossly misguided, and our theory should track these intuitions. (shrink)

Beim eingeschränkten Fokus auf Wahrheit und dem Hervorbringen von „Beweisen“ im Kontext der türkischen Leugnung des Genozids an den ArmenierInnen wurde einem wesentlichen ethischen Problem bisher keine sonderliche Beachtung geschenkt: Dass innerhalb dieser sozial situierten, kooperativen Praxis der Etablierung von Wissen über die historischen Tatsachen – also darüber, was passiert ist und wie diese Geschehnisse zu interpretieren sind – Ungerechtigkeiten im Hinblick darauf entstehen können, wen man als glaubwürdige epistemische Akteure anerkennt. Gemäss dieser Überlegung soll dieser Beitrag zeigen, inwiefern Nachfahren (...) von Genozidopfern durch institutionalisierte Genozidleugnung einer erneuten Dehumanisierung zum Opfer fallen, nämlich der epistemischen Ungerechtigkeit. Diese besagt, dass den Nachfahren der Opfergruppe die Glaubwürdigkeit und damit epistemische Autorität auf der Grundlage ihrer sozialen Zugehörigkeit abgesprochen wird. In diesem Sinne kann die Genozidleugnung als eine fortgesetzte Unterdrückung und Delegitimierung der Opfergruppe, respektive Herabwürdigung ihrer Mitglieder verstanden werden, diesmal im Gewand einer Aberkennung ihrer essentiellen menschlichen Fähigkeit, Wissen zu generieren und weiterzugeben, sowie ihre Unrechtserfahrungen sich und andern intelligibel zu machen. (shrink)

This article reviews three books written by Larry May concerning the foundations of international criminal law: Crimes Against Humanity: A Normative Account (2005), War Crimes and Just War (2007), and Aggression and Crimes Against Peace (2008).

This essay discusses the nature of collective responsibility and explores various controversies associated with its possibility and normative value.

The recent literature on genocide shows signs of taking what might be called a “processual turn,” with genocide increasingly understood as a contingent process rather than a singular event. But while this second generation's turn may be clear to those within the literature, the theory guiding the change is insufficiently specified. The theory regarding process and contingency is implicit, and, as such, genocide theory does not realize its full generative potential. The primary goal of this article is to provide a (...) more robust theoretical framework for making sense of the continually evolving dimensions of genocide. It builds on the literature's existing foundations, most notably Mann's (2005) notion of “contingent escalations.” In the spirit of the recent revival of American Pragmatism in sociology, it draws on the work of Dewey, Mills, Follett, and Addams (among others) as part of a theoretical reconstruction using pragmatist concepts such as rupture, perplexity, vocabularies of motive, and experimentation to consider examples from the Rwandan genocide and show how we might explore the potential for non-teleological intentionality on the part of genocidal actors. The result is an enhanced theoretical framework that offers “fresh eyes” for considering one of the worst (and most under-theorized) social problems. (shrink)

Recent philosophical research on normativity has clarified the nature and dynamics of social norms. Social norms are distinguished from legal and moral norms on the basis of their scope, their grounds, their characteristic forms of accountability, or some combination of these features. Because of their distinct character, social norms can reinforce practical prescriptions, prohibitions, and permissions provided to particular actors by legal or moral norms. They also can conflict drastically with those prescriptions, prohibitions, and permissions resulting in serious practical dilemmas. (...) The identification of normative principles capable of resolving practical dilemmas arising from conflicts between different kinds of norms is a major aim of contemporary moral and political philosophy. This dissertation contributes to this aim by establishing the significance of conflicts between social norms and legal or moral norms during mass atrocities and liberalizing political transitions. The dissertation argues that social norms, and changes in social norms, are critical components of accurate descriptions and responsible evaluations both legal and moral of the actions of individuals and groups before, during, and after mass atrocities. The dissertation contends, further, that distinct principles of justice may apply to transitional efforts by non-state actors to transform social norms in societies recovering from large-scale crimes. Three principal results follow from this dissertations effort to integrate the conceptual framework of social norms into the study of mass atrocity. First, the dissertation clarifies and extends the historiographical thesis of norm transformation, according to which participation by ordinary individuals in mass atrocities is at least partially explained by transformations in basic norms that structure social and political life. Second, the dissertation identifies a novel basis on which to apportion legal and moral accountability for mass atrocities between individuals and groups or collectivities i.e. on the basis of the specific contributions of social norms. Third, the dissertation provides new support for the disputed claim that distinct principles of justice apply to the various actors involved in liberalizing political transitions. (shrink)

In Complicity and the Rwandan Genocide ( 2010b ), Larry May argues that complicity can be the basis for criminal liability if two conditions are met: First, the person’s actions or inactions must contribute to the harm in question, and secondly, the person must know that his actions or inactions risk contributing to this harm. May also states that the threshold for guilt for criminal liability is higher than for moral responsibility. I agree with this latter claim, but I think (...) that it casts doubt on May’s account of criminal liability, particular in so-called performance cases in which low-level participants merely fail to help. This is because it is far from clear that passive non-helpers are morally responsible for their participation in widespread harms. Situationism purports to show that passive bystanders typically are not morally responsible for their role in such harms, because they were behaving reasonably subject to the constraints they faced. In this paper, I assess this claim, and defend it on the basis of O. W. Holmes’ standard of the reasonable person as a guide to judging criminal complicity. Finally, I provide a situationist account of the Rwandan genocide, which focuses on the systemic causes and primary perpetrators of the genocide, rather than low-level participants. (shrink)

In the wake of the Cold War a characteristic style of genocide narratives emerged in the West. For the most part, philosophers did not pay attention to this development even though they are uniquely qualified to address arguments and conceptual issues discussed in this burgeoning genocide genre. While ostensibly a response to a specific recent article belonging to the genre, this essay offers an outline of an ethics of genocide narratives in the form of four lessons on how not to (...) write about genocide. It is argued that to the extent that works on the subject of genocide are dominated by narrativism, genocidalism, activism, or extreme pacifism, they cannot properly be classified as scholarly endeavors and must be met with resistance per the requirements of academic ethics and proper scholarly methodology. (shrink)