The 1951 Refugee Convention and its 1967 Protocol are the main legal documents governing the movement of refugee and asylum seekers across international borders. As the number of displaced persons seeking refuge has reached unprecedented numbers, states have resorted to measures to circumvent their obligations under the Convention. These range from bilateral agreements condemning refugees to their vessels at sea to the excision of certain territories from national jurisdiction. While socio-economic developments and the rise of the worldwide web have led (...) to deterritorialization of vast domains of the economy and the media which enable them to escape from state control, territorial presence, whether on terra firma or on vessels at sea which are functional surrogates for territorial sovereignty, continues to be the basis for the entitlement to human and citizens’ rights. We are facing a dual movement of deterritorialization and territorialization at once, both of which threaten the end of the 1951 Convention. This article is an exercise in non-ideal theory which, nonetheless, has implications for a seminal question in ideal democratic theory as to how to define and justify the boundaries of the demos. If the demos refers to the constitutional subject of a self-determining entity in whose name sovereignty is exercised, regimes of sovereignty, including those which govern the movement of peoples across borders, define the prerogatives as well as obligations of such sovereign entities under international law. The period ushered in by the 1951 Convention was such a sovereignty regime which today may be nearing its end. (shrink)

ABSTRACTIt has recently become fashionable among those who write on questions of moral responsibility to distinguish two different concepts, or senses, of moral responsibility via the labels ‘responsibility as attributability’ and ‘responsibility as accountability’. Gary Watson was perhaps the first to introduce this distinction in his influential 1996 article ‘Two Faces of Responsibility’ , but it has since been taken up by many other philosophers. My aim in this study is to raise some questions and doubts about this distinction and (...) to argue that it has led to confusion rather than clarification in debates over moral responsibility. In place of the attributability/accountability distinction, I propose that there is a single concept of moral responsibility underlying our actual moral practices. This core notion of moral responsibility, which I call ‘responsibility as answerability’, is well positioned to explain thos.. (shrink)

Recently T. M. Scanlon and others have advanced an ostensibly comprehensive theory of moral responsibility—a theory of both being responsible and being held responsible—that best accounts for our moral practices. I argue that both aspects of the Scanlonian theory fail this test. A truly comprehensive theory must incorporate and explain three distinct conceptions of responsibility—attributability, answerability, and accountability—and the Scanlonian view conflates the first two and ignores the importance of the third. To illustrate what a truly comprehensive theory might look (...) like, I investigate what it would say about the difficult case of the psychopath. (shrink)

If asked to generate a list of virtues, most people would not include meekness. So it is surprising that Hume not only deems it a virtue, but one whose 'tendency to the good of society no one can doubt of.' After explaining what Hume and his contemporaries meant by "meekness", the paper proceeds to argue that meekness is a virtue we, too, should endorse.

The principal aim of this essay is to explore aspects of the phenomenon of moral conversation at work in ascriptions of responsibility. A corollary aim will be to understand the variety of freedom we regard as foundational to ascriptions of responsibility. To ascribe responsibility to a person is to judge that the person is accountable for her behavior. Accountability demands that a person be a moral interlocutor; being a moral interlocutor requires that a person is alert to moral reasons in (...) favor of or against the behavior in question and requires that a person is a discursive partner. So understood, ascriptions of responsibility may be characterized as resting on some version of a contractualist theory of morality, where one mark of fitness for membership in the community of moral agents is an ability to adjust one’s behavior in keeping with norms that others could not reasonably reject. (shrink)

In the context of his highly influential defence of compatibilism, P. F. Strawson 1962 introduced the terms "reactive attitude" and "objective attitude" to the free-will lexicon. He argued, in effect, that relinquishing such reactive attitudes as resentment and moral indignation isn't a real possibility for us, since doing so would commit us to exclusive objectivity, a stance incompatible with ordinary interpersonal relationships. While most commentators have challenged Strawson's link between personal relationships and the reactive attitudes, Tamler Sommers 2007 has taken (...) up Strawson's claim that exclusive objectivity would preclude meaningful relationships. Here I set out a defence of this claim by identifying a kind of interpersonal caring that is plausibly both required for such relationships and excluded by the objective attitude. I then argue that this defence helps to support Strawson's more controversial claim about personal relationships and the reactive attitudes. (shrink)

The illusory appeal of double effect -- The significance of intent -- Means and ends -- Blame.

I aim to alleviate the pessimism with which some philosophers regard the 'objective attitude', thereby removing a particular obstacle which P.F. Strawson and others have placed in the way of more widespread scepticism about moral responsibility. First, I describe what I consider the objective attitude to be, and then address concerns about this raised by Susan Wolf. Next, I argue that aspects of certain attitudes commonly thought to be opposed to the objective attitude are in fact compatible with it. Finally, (...) I examine the prospects of someone who wishes to adopt the objective attitude permanently. In response to philosophers who claim that this would be psychologically impossible, I argue that our commitment to attitudes that presuppose moral responsibility can soften and fade, often without our noticing it. (shrink)

Psychopaths are agents who lack the normal capacity to feel moral emotions (e.g. guilt based on empathy with the victims of their actions). Evidence for attributing psychopathy at least in some cases to genetic or early childhood causes suggests that psychopaths lack free will. However, the paper defends a sense in which psychopaths still may be construed as responsible for their actions, even if their degree of responsibility is less than that of normal agents. Responsibility is understood in Strawsonian terms, (...) as a question of our appropriate reactive attitudes toward an agent for what she does, and as distinct from the question of the agent's own motivating attitudes, which lead him to do what he does. The latter is the question more directly relevant to free will, though moral motivation normally depends on the capacity in early childhood to pick up motivating attitudes from others' reactive attitudes. Reactive attitudes based on hatred rather than anger (e.g. disgust or contempt) count as alternative forms of blame that may be appropriately directed toward agents manifesting bad qualities of will, even as a matter of motivational impairment. So psychopaths may still be said to deserve blame, even if they are incapable of modifying their behavior in response to blame. (shrink)

The wrongdoing that feminists critique often occurs at the level of social practice where social acceptance of oppressive practices and the absence of widespread moral critique impede the wrongdoer’s awareness of wrongdoing. This chapter argues that under these circumstances individuals are not blameworthy for participating in conventionalized wrongdoing. However, because social vulnerability to reproach is necessary to publicizing moral standards and conveying the obligatory force of moral requirements, it is sometimes reasonable to reproach moral failings even when individuals are excused.

This paper draws upon Hannah Arendt's idea of the 'right to have rights' to critique the current protection gap faced by refugees today. While refugees are protected from refoulement once they make it to the jurisdiction or territory of a state, they face an ever-increasing array of non-entrée policies designed to stymie access to state territory. Without being able to enter a state capable of securing their claims to safety and dignity, refugees cannot achieve the rights which ought to be (...) afforded to them under international law. Drawing upon both legal theory and political philosophy, this paper argues that refugees today, just as the stateless in Arendt’s time, must be afforded the ‘right to have rights’, understood as a right to enter state territory. (shrink)

Much of the literature devoted to the topics of agent autonomy and agent responsibility suggests strong conceptual overlaps between the two, although few explore these overlaps explicitly. Beliefs of this sort are commonplace, but they mistakenly conflate the global state of being autonomous with the local condition of acting autonomously or exhibiting autonomy in respect to some act or decision. Because the latter, local phenomenon of autonomy seems closely tied to the condition of being responsible for an act, we tend (...) to think of the former, global phenomenon as a condition of responsibility as well. But one can act autonomously, or manifest autonomy with respect to some occurrent state, without satisfying the conditions for autonomous agency. Autonomous agency and responsible agency are logically distinct in part due to the varient conceptions of rationality each calls for. Both agent responsibility and holding a person responsible imply a fairly ``thick'''' form of rationality, where rationality embodies a normative component and is a matter of satisfying criteria that are objective in the sense that they are independent of what a person happens to want or to value. But autonomous agency calls for a quite different, ``thin'''' conception of instrumental rationality. (shrink)

Some philosophers object that Kant's respect cannot express mutual recognition because it is an attitude owed to persons in virtue of an abstract notion of autonomy and invite us to integrate the vocabulary of respect with other persons-concepts or to replace it with a social conception of recognition. This paper argues for a dialogical interpretation of respect as the key-mode of recognition of membership in the moral community. This interpretation highlights the relational and practical nature of respect, and accounts for (...) its governing role over other persons-regarding concepts. (shrink)

According to a traditional account, moral cognition is an achievement gained over time by sharing a practice under the guidance and the example of the wise, in analogy with craft and apprenticeship. This model captures an important feature of practical reason, that is, its incompleteness, and highlights our dependence on others in obtaining moral knowledge, coherently with the socially extended mind agenda and recent findings in empirical psychology. However, insofar as it accords to exemplars’ decisive authority to determine the standard (...) of correctness for moral cognition, the model does not offer protection against arbitrariness and discrimination. The article argues that to understand the socially distributed nature of practical knowledge, we have to discard the notion of exemplars and reconceive of others as having equal normative standing. This claim allows us to revisit the conception of autonomy as key to distributed practical knowledge. While autonomy does not amount to selfsufficiency and self-reliance, it does demand independence of judgement and stands in contrast to servility, submission, and other sorts of defective ways of relying on others. The requirement of equal standing provides the basis for distinguishing between proper and improper reliance on others. Keywords: autonomy, Aristotle, exemplarism, extended mind, constructivism, practical knowledge, equal standing. (shrink)