La tesis central de este trabajo es que la tradicional tensión entre substancia y procedimiento socava las estabilidad de la justificación de la concepción liberal más extendida de la legitimidad (la Democracia Deliberativa). Dicha concepciones enfrentan problemas serios a la hora de articular de manera consistente dos dimensiones que parecen ir naturalmente asociadas a la idea de legitimidad: la dimensión procedimental, vinculada a la equidad del procedimiento, y la dimensión epistémica, asociada a la corrección de los resultados. En este trabajo (...) sostengo que a) esa tensión surge de la adopción de una concepción epistemológica social de tipo "veritativo-consecuencialista; b) es posible manejar dicha tensión mediante el remplazo de la epistemología subyacente por una concepción epistemológica social de tipo procedimentalista de orientación pragmatista y c) dicha operación orienta el diseño institucional en una dirección experimentalista. (shrink)

This paper looks at judgments of guilt in the face of alleged wrong-doing, be it in public or in private discourse. Its concern is not the truth of such judgments, although the complexity and contestability of such claims will be stressed. The topic, instead, is what sort of activities we are engaged in, when we make our judgments on others' conduct. To examine judging as an activity it focuses on a series of problems that can occur when we blame others. (...) On analysis, we see that these problems take the form of performative contradictions, so that the ostensible purposes of assigning guilt to others are undermined.There is clear evidence from social psychology that blame is especially frequently and inappropriately attributed to individuals in modern Western societies. On the other hand, it has often been observed how suspicious we are about the activity of judging – thus a widespread perception that a refusal to judge is somehow virtuous. My suggestion is that the sheer difficulty of attributions of responsibility, in the face of a complex and often arbitrary moral reality, frequently defeats us. This leads to a characteristic set of distortions when we blame, so that it is no surprise that we have become suspicious of all blaming activities. (shrink)

Much of feminist theory takes issue with traditional, liberal theories of consent and obligation. Though none have proposed abandoning obligation outright, there has been a general shift among feminists towards a responsibility paradigm. Responsibility models acknowledge given relationships and interdependence, and so posit responsibilities as given, regardless of whether they are voluntary. But in theories that take freedom as a principal value, a move from a socially unembedded voluntarism to socially embedded responsibility leaves something missing. Constructive accounts of and prescriptions (...) for freedom must consider the reality of social life; yet acknowledging that relations are given need not require subordinating the role of voluntarism and consent in most relationships. In this paper I offer a commitment framework that seeks to supplant obligation while also reconciling relational given-ness and voluntarism. I propose an analysis of commitment that takes relations as the starting point and then show how the concept can: 1. guide actions 2. account for responsibilities 3. enhance freedom and 4. avoid a large share of coercive forces that are believed as necessary for reinforcing obligation and responsibility fulfillment. (shrink)

In some situations in which undesirable collective effects occur, it is very hard, if not impossible, to hold any individual reasonably responsible. Such a situation may be referred to as the problem of many hands. In this paper we investigate how the problem of many hands can best be understood and why, and when, it exactly constitutes a problem. After analyzing climate change as an example, we propose to define the problem of many hands as the occurrence of a gap (...) in the distribution of responsibility that may be considered morally problematic. Whether a gap is morally problematic, we suggest, depends on the reasons why responsibility is distributed. This, in turn, depends, at least in part, on the sense of responsibility employed, a main distinction being that between backward-looking and forward-looking responsibility. (shrink)

Universalistic claims about the nature of justice are presumed to require larger commitments from a global perspective than partialist claims. This essay departs from standard partialist accounts by anchoring partialist claims in a different account of the nature of responsibility. In contrast to substantive responsibility, which is akin to an obligation and derived from principles, relational responsibilities grow out of relationships and their complex intertwining. While such accounts of responsibility are less clear cut, they will prove in the long run (...) to be more valuable in thinking about global ethics. I illustrate this point by considering the moral issue surrounding abandoned relationships. The approach offered here—partiality that rests upon relational responsibilities—makes the responsibilities owed by those in higher income countries towards lower income countries much richer and more complex than is usually presumed. (shrink)

“I didn’t know what I was doing”. “I was totally out of control.” Since we accept and reject such excuses all the time in practice—and frequently do so with great confidence—we might be expected to have grasped what it means for a volitional excuse to be valid in general and to have developed a well thought out set of criteria for judging the validity of such excuses in practice. But, as it turns out, we have not done either of these (...) things. Hence, we are not now able to argue openly about the validity of particular pleas of ignorance and mental incompetence in practice. I set out to remedy this situation below by articulating the nature of volitional excuses in general and by underscoring the role that our moral expectations play in the validation process.I begin in Part One by exploring the nature of volitional excuses themselves. I argue that volitional excuses are not, as we sometimes assume, heuristic devices for discovering that an individual freely willed her bad actions in some. (shrink)

In his new book, Ames defends his interpretation of Confucian ethics as "role ethics" through a detailed examination of the Confucian vocabulary. Through such vocabulary, we can see that the Confucian self is a being that cultivates itself as it lives and matures in the context of the family and society. As role ethics, Confucianism is distinct from the Western tradition and its Greek roots. However, in order to highlight the contrast between Confucianism and the Western tradition, Ames paints a (...) picture of the latter that is a little misleading. As it turns out, there are many strands in the Western philosophical fabric, including those in the Continental tradition, where we can find conceptions of the self not all that different from what is in Confucianism as interpreted by Ames. Content Type Journal Article Pages 141-150 Authors A. T. Nuyen, National University of Singapore Journal Comparative and Continental Philosophy Online ISSN 1757-0646 Print ISSN 1757-0638 Journal Volume Volume 4 Journal Issue Volume 4, Number 1 / 2012. (shrink)

If the current trend is any guide, it looks like we are heading towards a future in which relationships are determined and regulated by rights. In addition to the ?universal human rights? declared soon after the Second World War, other ?universal rights? have been declared and added to the list of rights, such as the rights of the child, the rights of indigenous peoples and so on. A question arises as to whether a world in which our relationships are governed (...) entirely on the basis of rights is an appealing one. I want to suggest that if our common future is regulated entirely by rights then we are moving in the wrong direction. By contrast, Tu Wei-ming believes that if Confucianism flourishes, we will move towards a society based on trust rather than rights, or what he calls a ?fiduciary society?. I will argue that while Tu's Confucian fiduciary society is perhaps an impractical ideal, a move towards it will provide a necessary counter-balance to the relentless march towards a rights-based society. (shrink)

This article takes the 2008–2010 financial crisis as a case study to explore the tension between responsibility and accountability in complex crises. I analyze the patterns of attribution and assumption of responsibility of thirty-three bankers in Wall Street, interviewed from fall 2008 to summer 2010. First, I show that responsibility for complex failures cannot be easily attributed or assumed: responsibility becomes diluted within the collective. Actors can only assume collective responsibility, recognizing that they belong to an institution at fault. Second, (...) I show that blaming is a social process that should be examined contextually, relationally, and dynamically. I build on sociological theories to depart from the normative focus of philosophers, and the cognitive focus of psychologists, who have dominated the study of responsibility so far. (shrink)

Examination of several accounts regarding the nature of moral responsibility allows the extraction of a conceptual core common to all of them. Relying on that core conception of moral responsibility, the paper explores what human life without moral responsibility would be like. That exploration establishes that many robust forms of human relationship and nonmoral normativity could continue, absent moral responsibility, even if moral responsibility were abandoned on incompatibilist grounds. Much more importantly, it also establishes, contra Waller and Pereboom, that only (...) some forms of morality—so-called “behavioral” forms—remain possible without moral responsibility. The paper argues that normative moral approaches that take into account agent intentions in order to assess the moral status of action cannot be applied without moral responsibility of agents. Thus, morality without responsibility needs to be behavioral, not consequentialist, as has often been thought. (shrink)