Most philosophers of criminal law agree that between criminal offences and defences there is a significant, substantial difference. It is a difference, however, that has proved hard to pin down. In recent work, Duff and others have suggested that it mirrors the distinction between criminal answerability and liability to criminal punishment. Offence definitions, says Duff, are—and ought to be—those action-types ‘for which a defendant can properly be called to answer in a criminal court, on pain of conviction and condemnation if (...) she cannot offer an exculpatory answer’; and defences are ‘exculpatory answers’ that ‘block the transition from responsibility to liability’. I criticise this answerability-based account of the offence/defence divide. It is descriptively false, I claim, as well as normatively unappealing. (shrink)

According to both deontologists and consequentialists, if there is a reason to promote the general happiness – or to promote any other state of affairs unrelated to one's own projects or self-interest – then the reason must apply to everyone. This view seems almost self-evident; to challenge it is to challenge the way we think of moral reasons. I contend, however, that the view depends on the unwarranted assumption that the only way to restrict the application scope of a reason (...) for action is by restricting it to those agents whose interests or projects are involved in the reason. In fact normative theories may coherently restrict application scopes in other ways. Thus we must take seriously the possibility that the reason to promote the general happiness, although genuine, does not apply to everyone. (shrink)

This article furnishes a philosophical background for the current debate about responsibility and culpability for war crimes by referring to ideas from three important just war thinkers: Augustine, Francisco de Vitoria, and Michael Walzer. It combines lessons from these three thinkers with perspectives on current problems in the ethics of war, distinguishes between legal culpability, moral culpability, and moral responsibility, and stresses that even lower-ranking soldiers must in many cases assume moral responsibility for their acts, even though they are part (...) of a military hierarchy and act under orders. The questions addressed in this article are arguably among the hardest and most muddled in military ethics and deserve close philosophical analysis and scrutiny. (shrink)

Justice is a constant and perpetual will to give every man his due. The principles of law are these: to live virtuously, not to harm others, to give his due to everyone. Jurisprudence is the knowledge of divine and human things, the science of the just and the unjust. Law is the art of goodness and justice. By virtue of this [lawyers] may be called priests, for we cherish justice and profess knowledge or goodness and equity, separating right from wrong (...) and legal from the illegal. (shrink)

Both legal and moral theorists have offered broadly “communicative” theories of criminal and moral responsibility. According to such accounts, we can understand the nature of responsibility by appealing to the idea that responsibility practices are in some fundamental sense expressive, discursive, or communicative. In this essay, I consider a variety of issues in connections with this family of views, including its relationship to free will, the theory of exemptions, and potential alternatives to the communicative model. Focusing on Michael McKenna’s Conversation (...) and Responsibility, I argue that communicative accounts, and the conversational model in particular, direct our attention to important and under-appreciated elements of our responsibility practices. However, rather than focusing on a model of conversation-as-address, as McKenna does, we do better to regard gossip as the paradigmatic conversational form that captures the main features of moral responsibility. (shrink)

In recent years, reflection on the relationship between individual moral responsibility and determinism has undergone a remarkable renaissance. Incompatibilists, those who believe moral responsibility is incompatible with determinism, have offered powerful new arguments in support of their views. Compatibilists, those who think moral responsibility is compatible with determinism, have responded with ingenious counterexamples and alternative accounts of responsibility. Despite the admirable elevation of complexity and subtlety within both camps, the trajectory of the literature is somewhat discouraging. Every dialectical stalemate between (...) incompatibilists and compatibilists seems to be superseded by a similar though often more subtle stalemate.1 The stalemates have two sources. On the one hand, incompatibilists again and again find powerful intuitive support from our folk concept. On the other hand, compatibilists seem right to insist that even if determinism were true, this would not mitigate our need for a concept of responsibility. (shrink)

Direct-to-consumer advertising (DTCA) of prescription drugs has been a heavily contested issue over the past decade, touching on several issues of responsibility facing the pharmaceutical industry. Much research has been conducted on DTCA, but hardly any studies have discussed this topic from a corporate social responsibility (CSR) perspective. In this article, we use several elements of CSR, emphasising consumer autonomy and safety, to analyse differences in DTCA practices within two different policy contexts, the United States of America and the European (...) Union (EU). Doing so results in an alternative analysis of the struggle between proponents and opponents of DTCA from a CSR perspective, adding an alternative view on this debate. (shrink)

This paper examines the concepts of desert and luck, familiar in political theory but neglected by sociologists. I argue that the idea of desert is composed of both personal performance and the degree of responsibility a person has over that performance. Distribution ought to be in accordance with the indebtedness created by the person's performance. This can be compromised by luck; that is, personal desert is undermined where lack of performance scuttles the applicability of the contributory model. This paper examines (...) recent work, focusing on establishing desert criteria for each person's ends and life‐plans, and a formula for distribution according to personal welfare. (shrink)

In this article, we examine scholarly analyses of justice and develop a framework that can help assess the claims from the parties in the Russian state-led doping scandal, including, but not limited to, Russian athletes, non-Russian athletes, the World Anti-Doping Agency, and sport governing bodies. The two key components of this justice framework are pluralism and relationality/contextuality. We argue that a justice framework built upon these elements better captures the nature of justice. We conclude that no party in the Russian (...) state-led doping case has exclusive access to justice. Rather, all the parties have legitimate calls for justice against one another. Thus, the administration of justice will fail to serve justice, in its different meanings, for all parties. (shrink)