Book reviewed in this article: Principles of Biomedical Ethics. By Tom L. Beauchamp and James F. Childress.

We regularly wield powers that, upon close scrutiny, appear remarkably magical. By sheer exercise of will, we bring into existence things that have never existed before. With but a nod, we effect the disappearance of things that have long served as barriers to the actions of others. And, by mere resolve, we generate things that pose significant obstacles to others' exercise of liberty. What is the nature of these things that we create and destroy by our mere decision to do (...) so? The answer: the rights and obligations of others. And by what seemingly magical means do we alter these rights and obligations? By making promises and issuing or revoking consent When we make promises, we generate obligations for ourselves, and when we give consent, we create rights for others. Since the rights and obligations that are affected by means of promising and consenting largely define the boundaries of permissible action, our exercise of these seemingly magical powers can significantly affect the lives and liberties of others. (shrink)

The debate surrounding the issue of collective moral responsibility is often steeped in metaphysical issues of agency and personhood. I suggest that we can approach the metaphysical problems surrounding the issue of collective responsibility in a roundabout manner. My approach is reminiscent of that taken by P.F. Strawson in “Freedom and Resentment” (1968). Strawson argues that the participant reactive attitudes – attitudes like resentment, gratitude, forgiveness and so on – provide the justification for holding individuals morally responsible. I argue that (...) the framework of the reactive attitudes extends to collectives and provides the justification for holding collectives morally responsible. (shrink)

We live in a morally flawed world. Our lives are complicated by what other people do, and by the harms that flow from our social, economic and political institutions. Our relations as individuals to these collective harms constitute the domain of complicity. This book examines the relationship between collective responsibility and individual guilt. It presents a rigorous philosophical account of the nature of our relations to the social groups in which we participate, and uses that account in a discussion of (...) contemporary moral theory. Christopher Kutz shows that the two prevailing theories of moral philosophy, Kantianism and consequentialism, both have difficulties resolving problems of complicity. He then argues for a richer theory of accountability in which any real understanding of collective action not only allows but demands individual responsibility. (shrink)

Are individuals responsible for the consequences of actions taken by their community? What about their community's inaction or its attitudes? In this innovative book, Larry May departs from the traditional Western view that moral responsibility is limited to the consequences of overt individual action. Drawing on the insights of Arendt, Jaspers, and Sartre, he argues that even when individuals are not direct participants, they share responsibility for various harms perpetrated by their communities.

Some omissions seem to be causes. For example, suppose Barry promises to water Alice’s plant, doesn’t water it, and that the plant then dries up and dies. Barry’s not watering the plant – his omitting to water the plant – caused its death. But there is reason to believe that if omissions are ever causes, then there is far more causation by omission than we ordinarily think. In other words, there is reason to think the following thesis true.

This paper defends the claim that collective responsibility can be based on group membership. It argues that collective responsibility is best understood in terms of duties to respond to the victims of collective crimes. Reasonable fear on the part of the victimized groups creates duties to respond for members of the perpetrating group. This account does a better job of capturing our intuitions about actual cases and the phenomenology of collective responsibility than other accounts currently on offer. It also offers (...) us a justification of collective responsibility judgments that is compatible with the separateness of persons. (shrink)

One of the dominant themes of the symposium from which this collection of articles arose was the ontological status of consent. Is consent a particular state of mind? Is it the signification of that state of mind via a conventionally recognized act? Or, is consent a normative concept that evaluates not only the presence of a state of mind or act, but also the appropriateness of that state of mind or act in the particular circumstances?

Contents - Introduction; The Problem of Thomas Hobbes; Formalistic Views of Representation; 'Standing For' - Descriptive Representation; 'Standing For' - Symbolic Representation; Representing as 'Acting For' - The Analogies; The Mandate ...

Some instances of right and wrongdoing appear to be of a distinctly collective kind. When, for example, one group commits genocide against another, the genocide is collective in the sense that the wrongness of genocide seems morally distinct from the aggregation of individual murders that make up the genocide. The problem, which I refer to as the problem of collective wrongs, is that it is unclear how to assign blame for distinctly collective wrongdoing to individual contributors when none of those (...) individual contributors is guilty of the wrongdoing in question. I offer Christopher Kutz’s Complicity Principle as an attractive starting point for solving the problem, and then argue that the principle ought to be expanded to include a broader and more appropriate range of cases. The view I ultimately defend is that individuals are blameworthy for collective harms insofar as they knowingly participate in those harms, and that said individuals remain blameworthy regardless of whether they succeed in making a causal contribution to those harms. (shrink)

We criticize the following views: only the rapist is responsible since only he committed the act; no one is responsible since rape is a biological response to stimuli; everyone is responsible since men and women contribute to the rape culture; and patriarchy is responsible but no person or group. We then argue that, in some societies, men are collectively responsible for rape since most benefit from rape and most are similar to the rapist.

Towards the end of her seminal work on the notion of representation Hanna Pitkin makes the following observation:At the end of the Second World War and during the Nuremberg trials there was much speculation about the war guilt of the German people. [...] Many people might argue the responsibility of the German people even though a Nazi government was not representative. We might agree, however, that in the case of a representative government the responsibility would be more clear-cut.2As Pitkin suggests (...) in this quotation, there is a common underlying assumption, both in academic writings and in popular perceptions of democracy, that a people living under a democratic government is ultimately responsible for that .. (shrink)

Philosophers constantly discuss Responsibility. Yet in every discussion of which I am aware, a rather obvious point is ignored. The obvious point is that responsibility is ascribed to collectives, as well as to individual persons. Blaming attitudes are held towards collectives as well as towards individuals. Responsibility is often ascribed to nations, towns, clubs, groups, teams, and married couples. ‘Germany was responsible for the Second World War’; ‘The club as a whole is to blame for being relegated’. Such statements are (...) not rare. (shrink)

Supererogation and rules -- Problematic responsibility in law and morals -- On being "morally speaking a murderer" -- Justice and personal desert -- The expressive function of punishment -- Action and responsibility -- Causing voluntary actions -- Sua culpa -- Collective responsibility -- Crime, clutchability, and individuated treatment -- What is so special about mental illness?

The central topic of this paper is to study joint intention to perform a joint action or to bring about a certain state. Here are some examples of such joint action: You and I share the plan to carry a heavy table jointly upstairs and realize this plan, we sing a duet together, we clean up our backyard together, and I cash a check by acting jointly with you, a bank teller, and finally we together elect a new president for (...) our country. In these cases the participants can be said to have a joint intention jointly or as a group to carry the table upstairs: the content of the intention involves our performing something together and the pronoun “we” refers to us, viz. you and me and the possible other participants considered together. When we jointly intend to carry the table, each of us can be said to.. (shrink)

The Herald of Free Enterprise, a ferry operating in the English Channel, sank on March 6, 1987, drowning nearly two hundred people. The official inquiry found that the company running the ferry was extremely sloppy, with poor routines of checking and management. “From top to bottom the body corporate was infected with the disease of sloppiness.”1 But the courts did not penalize anyone in what might seem to be an appropriate measure, failing to identify individuals in the company or on (...) the ship itself who were seriously enough at fault. As one commentator put it, “The primary requirement of finding an individual who was liable . . . stood in the way of attaching any significance to the organizational sloppiness that had been found by the official inquiry.”2 In a case like this it can make good sense to hold that while the individuals involved may not bear a high degree of personal responsibility, together as a corporate enterprise they should carry full responsibility for what occurred. Although the members may not fully satisfy the conditions for being held personally responsible—although there are mitigating circumstances that excuse them in some mea-. (shrink)

When a group of persons such as a nation orcorporation has a relatively clear structureand set of decision procedures, it is capableof acting and should, it can well be argued, beconsidered morally as well as legallyresponsible. This is not because it is afull-fledged moral person, but becauseassigning responsibility is a human practice,and we have good moral reasons to adopt thepractice of considering such groupsresponsible. From such judgments, however,little follows about the responsibility ofindividual members of such groups; much moreneeds to be (...) ascertained about which officialsor executives are responsible for what beforewe can consider individual members of nationsor corporations responsible.Whether an unorganized group can be morallyresponsible is much less clear, but there havebeen useful discussions in recent years of thepossible responsibility of whites for racism,or males for sexism, and the like. In thisessay I explore arguments for consideringgroups or their members responsible for ethnicconflict. Such groups may lack a clearorganizational structure, but they are notrandom assortments of persons. Groups can andoften should take responsibility for theattitudes and actions of their members, and cansometimes be considered responsible for failingto do so. And persons often can and shouldtake responsibility for the attitudes andactions of the groups of which they aremembers. (shrink)

There is, no doubt, a temptation to treat preventions, such as ‘the father’s grabbing the child prevented the accident’, and cases of ‘causation’ by omission, such as ‘the father’s inattention was the cause of the child’s accident’, as cases of genuine causation. I think they are not, and in this paper I defend a theory of what they are. More specifically, the counterfactual theory defended here is that a claim about prevention or ‘causation’ by omission should be understood not as (...) being directly about actual genuine causation but primarily as a counterfactual claim about genuine causation.1 The relation between actual causation and the mere possibility of causation allows my theory to explain both the difference and the similarity between the two notions (causation and prevention/omission). Further, the difference explains certain intuitions we have and the similarity justifies and explains the fact that for practical purposes we usually treat preventions and omissions as if they were genuine causation. Finally, the fact that this counterfactual theory of prevention and omission takes causation as primitive suggests that it is consistent with any theory of causation. This allows us to construct two arguments against what I will call genuinism, the view that cases of prevention and ‘causation’ by omission really are cases of genuine causation. In section II I show that genuinism does not account for the so-called intuition of difference. In section III I outline a number of problems that various theories of causation have with preventions and ‘causation’ by omission. These problems are ipso facto problems for genuinism, whereas I show in section V how the counterfactual theory solves those problems. Further, I answer a genuinist argument based on another type of intuition—the genuinist intuition—by showing why we have that intuition and how it should be handled (section VI). (shrink)

The debate surrounding the issue of collective moral responsibility is often steeped in metaphysical issues of agency and personhood. I suggest that we can approach the metaphysical problems surrounding the issue of collective responsibility in a roundabout manner. My approach is reminiscent of that taken by P.F. Strawson in "Freedom and Resentment" (1968). Strawson argues that the participant reactive attitudes - attitudes like resentment, gratitude, forgiveness and so on - provide the justification for holding individuals morally responsible. I argue that (...) the framework of the reactive attitudes extends to collectives and provides the justification for holding collectives morally responsible. (shrink)

In discussions of moral responsibility for collectively produced effects, it is not uncommon to assume that we have to abandon the view that causal involvement is a necessary condition for individual co-responsibility. In general, considerations of cases where there is “a mismatch between the wrong a group commits and the apparent causal contributions for which we can hold individuals responsible” motivate this move. According to Brian Lawson, “solving this problem requires an approach that deemphasizes the importance of causal contributions”. Christopher (...) Kutz’s theory of complicitious accountability in Complicity from 2000 is probably the most well-known approach of that kind. Standard examples are supposed to illustrate mismatches of three different kinds: an agent may be morally co-responsible for an event to a high degree even if her causal contribution to that event is a) very small, b) imperceptible, or c) non-existent (in overdetermination cases). From such examples, Kutz and others conclude that principles of complicitious accountability cannot include a condition of causal involvement. In the present paper, I defend the causal involvement condition for co-responsibility. These are my lines of argument: First, overdetermination cases can be accommodated within a theory of coresponsibility without giving up the causality condition. Kutz and others oversimplify the relation between counterfactual dependence and causation, and they overlook the possibility that causal relations other than marginal contribution could be morally relevant. Second, harmful effects are sometimes overdetermined by non-collective sets of acts. Over-farming, or the greenhouse effect, might be cases of that kind. In such cases, there need not be any formal organization, any unifying intentions, or any other noncausal criterion of membership available. If we give up the causal condition for coresponsibility it will be impossible to delimit the morally relevant set of acts related to those harms. Since we sometimes find it fair to blame people for such harms, we must question the argument from overdetermination. Third, although problems about imperceptible effects or aggregation of very small effects are morally important, e.g. when we consider degrees of blameworthiness or epistemic limitations in reasoning about how to assign responsibility for specific harms, they are irrelevant to the issue of whether causal involvement is necessary for complicity. Fourth, the costs of rejecting the causality condition for complicity are high. Causation is an explicit and essential element in most doctrines of legal liability and it is central in common sense views of moral responsibility. Giving up this condition could have radical and unwanted consequences for legal security and predictability. However, it is not only for pragmatic reasons and because it is a default position that we should require stronger arguments (than conflicting intuitions about “mismatches”) before giving up the causality condition. An essential element in holding someone to account for an event is the assumption that her actions and intentions are part of the explanation of why that event occurred. If we give up that element, it is difficult to see which important function responsibility assignments could have. (shrink)

In discussions of moral responsibility for collectively produced effects, it is not uncommon to assume that we have to abandon the view that causal involvement is a necessary condition for individual co-responsibility. In general, considerations of cases where there is “a mismatch between the wrong a group commits and the apparent causal contributions for which we can hold individuals responsible” motivate this move. According to Brian Lawson, “solving this problem requires an approach that deemphasizes the importance of causal contributions”. Christopher (...) Kutz’s theory of complicitious accountability in Complicity from 2000 is probably the most well-known approach of that kind. Standard examples are supposed to illustrate mismatches of three different kinds: an agent may be morally co-responsible for an event to a high degree even if her causal contribution to that event is a) very small, b) imperceptible, or c) non-existent (in overdetermination cases). From such examples, Kutz and others conclude that principles of complicitious accountability cannot include a condition of causal involvement. In the present paper, I defend the causal involvement condition for co-responsibility. These are my lines of argument: First, overdetermination cases can be accommodated within a theory of coresponsibility without giving up the causality condition. Kutz and others oversimplify the relation between counterfactual dependence and causation, and they overlook the possibility that causal relations other than marginal contribution could be morally relevant. Second, harmful effects are sometimes overdetermined by non-collective sets of acts. Over-farming, or the greenhouse effect, might be cases of that kind. In such cases, there need not be any formal organization, any unifying intentions, or any other noncausal criterion of membership available. If we give up the causal condition for coresponsibility it will be impossible to delimit the morally relevant set of acts related to those harms. Since we sometimes find it fair to blame people for such harms, we must question the argument from overdetermination. Third, although problems about imperceptible effects or aggregation of very small effects are morally important, e.g. when we consider degrees of blameworthiness or epistemic limitations in reasoning about how to assign responsibility for specific harms, they are irrelevant to the issue of whether causal involvement is necessary for complicity. Fourth, the costs of rejecting the causality condition for complicity are high. Causation is an explicit and essential element in most doctrines of legal liability and it is central in common sense views of moral responsibility. Giving up this condition could have radical and unwanted consequences for legal security and predictability. However, it is not only for pragmatic reasons and because it is a default position that we should require stronger arguments (than conflicting intuitions about “mismatches”) before giving up the causality condition. An essential element in holding someone to account for an event is the assumption that her actions and intentions are part of the explanation of why that event occurred. If we give up that element, it is difficult to see which important function responsibility assignments could have. (shrink)

This article argues against Anna Stilz's recent attempt to solve the problem of citizens' collective responsibility in democratic states. I show that her solution could only apply to state actions that are (in legal terminology) unjustified but excusable. Stilz's marquee case – the 2003 invasion of Iraq – does not, I will argue, fit this bill; nor, in all likelihood, does any other case in recorded history. Thus, this article concludes, we may allow that Stilz's argument offers a theoretically cogent (...) case for citizens' task-responsibility in democratic states (given the right conditions); it just so happens that few if any cases satisfy these conditions. (shrink)

If I were asked to put forward an ethical principle which I considered to be especially certain, it would be that no one can be responsible, in the properly ethical sense, for the conduct of another. Responsibility belongs essentially to the individual. The implications of this principle are much more far-reaching than is evident at first, and reflection upon them may lead many to withdraw the assent which they might otherwise be very ready to accord to this view of responsibility. (...) But if the difficulties do appear to be insurmountable, and that, very certainly, does not seem to me to be the case, then the proper procedure will be, not to revert to the barbarous notion of collective or group responsibility, but to give up altogether the view that we are accountable in any distinctively moral sense. (shrink)

Although vicarious liability for the acts of co-conspirators is firmly entrenched in federal courts, no adequate theory explains how the act and intention of one conspirator can be attributed to another, simply by virtue of their criminal agreement. This Article argues that the most promising avenue for solving the Pinkerton paradox is an appeal to the collective intention of the conspiratorial group to commit the crime. Unfortunately, misplaced skepticism about the notion of a group will has prevented criminal scholars from (...) embracing the notion of a conspiracy's collective intention to commit a crime. However, positing group intentions requires only that the criminal law recognize the rational relationships between individuals who decide to collectivize reason to pursue a common criminal goal; no burdensome theory of corporate animals with unified minds is required. After exploring the different rational structures that a conspiracy can have, the Article outlines the circumstances when vicarious liability could be justified. Specifically, liability must be limited to participants in tightly knit conspiracies who engage in the kind of common deliberation that is capable of yielding collective intentions. A further consequence of this theory is that liability must be restricted to acts that fall within the scope of the criminal plan, not just acts that should have been reasonably foreseeable to members of the conspiracy. (shrink)

More than one person can be responsible for a particular state of affairs--In this sense collective moral responsibility does indeed exist. However, Even in such cases, Moral responsibility is still fundamentally individualized since each agent responsible for a particular state of affairs is responsible for his/her actions which have the intention of producing this state of affairs.

The basic bearer of responsibility is individuals, because that isall there are – nothing else can literally be the bearer of fullresponsibility. Claims about group responsibility therefore needanalysis. This would be impossible if all actions must be understoodas ones that could be performed whether or not anyone else exists.Individuals often act by virtue of membership in certain groups;often such membership bears a causal role in our behavior, andsometimes people act deliberately in order to promote the prospectsof members of a given (...) group. Nevertheless, it is rational to awardproportionally to individual contributions to those actions andindividual shares in the production of the consequences of thoseactions. (shrink)

Group agents are able to act but are not literally agents. Some group agents, e.g., we-mode groups and corporations, can, however, be regarded as functional group agents that do not have “intrinsic” mental states and phenomenal features comparable to what their individual members on biological and psychological grounds have. But they can have “extrinsic” mental states, states collectively attributed to them—primarily by their members. In this paper, we discuss the responsibility of such group agents. We defend the view that if (...) the group members have accepted the group agent’s attitudes and are committed to them, we can favorably compare the situation with the case of individual human agents and a group agent can be regarded as morally responsible for its intentional activities. (shrink)

Medical complicity in torture is prohibited by international law and codes of professional ethics. But in the many countries in which torture is common, doctors frequently are expected to assist unethical acts that they are unable to prevent. Sometimes these doctors face a dilemma: they are asked to provide diagnoses or treatments that respond to genuine health needs but that also make further torture more likely or more effective. The duty to avoid complicity in torture then comes into conflict with (...) the doctor’s duty to care for patients. Sometimes the right thing for a doctor to do requires complicity in torture. Whether this is the case depends on: the expected consequences of the doctor’s actions; the wishes of the patient; and the extent of the doctor’s complicity with wrongdoing. Medical associations can support physicians who face this dilemma while maintaining a commitment to clear principles denouncing torture. (shrink)

Are individuals responsible for the consequences of actions taken by their community? What about their community's inaction or its attitudes? In this innovative book, Larry May departs from the traditional Western view that moral responsibility is limited to the consequences of overt individual action. Drawing on the insights of Arendt, Jaspers, and Sartre, he argues that even when individuals are not direct participants, they share responsibility for various harms perpetrated by their communities.

Drawing on philosophy, law and political science, and on a wealth of practical experience delivering emergency medical services in conflict-ridden settings, Lepora and Goodin untangle the complexities surrounding compromise and complicity.