The concept of causation is fundamental to ascribing moral and legal responsibility for events. Yet the precise relationship between causation and responsibility remains unclear. This book clarifies that relationship through an analysis of the best accounts of causation in metaphysics, and a critique of the confusion in legal doctrine.

This book presents a comprehensive overview of what the criminal law would look like if organised around the principle that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they deserve. Larry Alexander and Kimberly Kessler Ferzan argue that desert is a function of the actor's culpability, and that culpability is a function of the risks of harm to protected interests that the actor believes he is imposing and his reasons for acting in the (...) face of those risks. The authors deny that resultant harms, as well as unperceived risks, affect the actor's desert. They thus reject punishment for inadvertent negligence as well as for intentions or preparatory acts that are not risky. Alexander and Ferzan discuss the reasons for imposing risks that negate or mitigate culpability, the individuation of crimes, and omissions. (shrink)

The concept of causation is fundamental to ascribing moral and legal responsibility for events. Yet the precise relationship between causation and responsibility remains unclear. This book clarifies that relationship through an analysis of the best accounts of causation in metaphysics, and a critique of the confusion in legal doctrine. The result is a powerful argument in favour of reforming the moral and legal understanding of how and why we attribute responsibility to agents.

Two essays on utilitarianism, written from opposite points of view, by J. J. C. Smart and Bernard Williams. In the first part of the book Professor Smart advocates a modern and sophisticated version of classical utilitarianism; he tries to formulate a consistent and persuasive elaboration of the doctrine that the rightness and wrongness of actions is determined solely by their consequences, and in particular their consequences for the sum total of human happiness. In Part II Bernard Williams offers a sustained (...) and vigorous critique of utilitarian assumptions, arguments and ideals. He finds inadequate the theory of action implied by utilitarianism, and he argues that utilitarianism fails to engage at a serious level with the real problems of moral and political philosophy, and fails to make sense of notions such as integrity, or even human happiness itself. This book should be of interest to welfare economists, political scientists and decision-theorists. (shrink)

In this paper I describe cases of moral blackmail as cases where A is told by B that if A does not commit an otherwise immoral act, B will commit an immoral act of equal or greater gravity. I describe cases of moral dilemma as cases where A must commit an otherwise immoral act to avert a natural disaster of equal or greater gravity. I then argue that cases of moral blackmail are structurally identical to cases of moral dilemma in (...) all respects but one: In cases of moral blackmail, A is predicting the free actions of a moral agent (B), whereas in cases of moral dilemma, A is predicting natural events. I conclude that cases of moral blackmail are more problematic than otherwise similar cases of moral dilemma for this reason alone. (shrink)

In this paper I describe cases of moral blackmail as cases where A is told by B that if A does not commit an otherwise immoral act, B will commit an immoral act of equal or greater gravity. I describe cases of moral dilemma as cases where A must commit an otherwise immoral act to avert a natural disaster of equal or greater gravity. I then argue that cases of moral blackmail are structurally identical to cases of moral dilemma in (...) all respects but one: In cases of moral blackmail, A is predicting the free actions of a moral agent (B), whereas in cases of moral dilemma, A is predicting natural events. I conclude that cases of moral blackmail are more problematic than otherwise similar cases of moral dilemma for this reason alone. (shrink)

Much of the philosophical discussion of punishment has focused on its justification. Consequentialists argue that punishment must be justified by its future consequences. Retributivists argue that punishment must be justified by the ill-desert of the one punished. And there are several philosophical positions on the justification of punishment in between these two: for example, weak or teleological retributivism, which justifies particular instances of punishment by both their consequences and the desert of the offenders, and positions which distinguish between the institution (...) of punishment and specific instances of punishment. (shrink)

Much of the philosophical discussion of punishment has focused on its justification. Consequentialists argue that punishment must be justified by its future consequences. Retributivists argue that punishment must be justified by the ill-desert of the one punished. And there are several philosophical positions on the justification of punishment in between these two: for example, weak or teleological retributivism, which justifies particular instances of punishment by both their consequences and the desert of the offenders, and positions which distinguish between the institution (...) of punishment and specific instances of punishment. (shrink)