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Liberty, liability, and contractualism

In Nils Holtug & Kasper Lippert-Rasmussen (eds.), Egalitarianism: new essays on the nature and value of equality. New York: Clarendon Press (2007)

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  1. Contractualism.Elizabeth Ashford - 2008 - Stanford Encyclopedia of Philosophy.
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  • Two grounds of liability.Victor Tadros - 2021 - Philosophical Studies 178 (11):3503-3522.
    This essay argues that culpability and responsibility are independent notions, even though some of the same facts make us both responsible and culpable. Responsibility for one’s conduct is grounded in the strength of the agential connection between oneself and one’s conduct. Culpability for one’s conduct is the vices that give rise to that conduct. It then argues that responsibility and culpability for causing a threat are each grounds of liability to defensive harm independent of the other.
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  • Punishment and Bad Upbringing.Peter Chau - 2018 - Criminal Justice Ethics 37 (2):103-121.
    This article examines whether bad upbringing (or what is sometimes called a “rotten social background”) affects just or deserved punishment. There are two possible rationales for this claim. First, it may be argued that an offender’s blameworthiness for his choice to offend is reduced if he had a bad upbringing; second, it may be argued that fairness requires us to impose a less severe punitive burden on an offender with a bad upbringing, even if he is no less blameworthy for (...)
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  • Responsibility for reality: Social norms and the value of constrained choice.Elsa Kugelberg - 2021 - Politics, Philosophy and Economics 20 (4):357-384.
    How do social norms influence our choices? And does the presence of biased norms affect what we owe to each other? Looking at empirical research relating to PrEP rollout in HIV prevention policy, a...
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  • What Makes Personal Data Processing by Social Networking Services Permissible?Lichelle Wolmarans & Alex Voorhoeve - 2022 - Canadian Journal of Philosophy 52 (1):93-108.
    Social Networking Services provide services in return for rights to commercialize users’ personal data. We argue that what makes this transaction permissible is not users’ autonomous consent but the provision of sufficiently valuable opportunities to exchange data for services. We argue that the value of these opportunities should be assessed for both (a) a range of users with different decision-making abilities and (b) third parties. We conclude that regulation should shift from aiming to ensure autonomous consent towards ensuring that users (...)
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