Journal of Political Philosophy, EarlyView.

Recently, philosophers have turned their attention to the question, not when a given agent is blameworthy for what she does, but when a further agent has the moral standing to blame her for what she does. Philosophers have proposed at least four conditions on having “moral standing”: -/- 1. One’s blame would not be “hypocritical”. 2. One is not oneself “involved in” the target agent’s wrongdoing. 3. One must be warranted in believing that the target is indeed blameworthy for the (...) wrongdoing. 4. The target’s wrongdoing must some of “one’s business”. -/- These conditions are often proposed as both conditions on one and the same thing, and as marking fundamentally different ways of “losing standing.” Here I call these claims into question. First, I claim that conditions (3) and (4) are simply conditions on different things than are conditions (1) and (2). Second, I argue that condition (2) reduces to condition (1): when “involvement” removes someone’s standing to blame, it does so only by indicating something further about that agent, viz., that he or she lacks commitment to the values that condemn the wrongdoer’s action. The result: after we clarify the nature of the non-hypocrisy condition, we will have a unified account of moral standing to blame. Issues also discussed: whether standing can ever be regained, the relationship between standing and our "moral fragility", the difference between mere inconsistency and hypocrisy, and whether a condition of standing might be derived from deeper facts about the "equality of persons". (shrink)

An argument against the bias towards the near; how a defence of temporal neutrality is not a defence of S; an appeal to inconsistency; why we should reject S and accept CP.

Hypocrites are often thought to lack the standing to blame others for faults similar to their own. Although this claim is widely accepted, it is seldom argued for. We offer an argument for the claim that nonhypocrisy is a necessary condition on the standing to blame. We first offer a novel, dispositional account of hypocrisy. Our account captures the commonsense view that hypocrisy involves making an unjustified exception of oneself. This exception-making involves a rejection of the impartiality of morality and (...) thereby a rejection of the equality of persons, which we argue grounds the standing to blame others. (shrink)

Many philosophers and legal theorists worry about punishing the socially disadvantaged as severely as their advantaged counterparts. One philosophically popular explanation of this concern is couched in terms of moral standing: seriously unjust states are said to lack standing to condemn disadvantaged offenders. If this is the case, institutional condemnation of disadvantaged offenders (especially via hard treatment) will often be unjust. I describe two problems with canonical versions of this view. First, its proponents groundlessly claim that disadvantaged offenders may be (...) punished as severely as advantaged ones, even though such punishment is unjust in light of the state’s loss of standing. Second, and more importantly, moral standing arguments prohibit states from blaming advantaged as well as disadvantaged offenders. This unwelcome outcome suggests that standing approaches incorrectly analyze the source of moral misgivings about punishing the disadvantaged. I conclude that those who share such concerns should put standing accounts aside. (shrink)

Many philosophers and legal theorists worry about punishing the socially disadvantaged as severely as their advantaged counterparts. One philosophically popular explanation of this concern is couched in terms of moral standing: seriously unjust states are said to lack standing to condemn disadvantaged offenders. If this is the case, institutional condemnation of disadvantaged offenders (especially via hard treatment) will often be unjust. I describe two problems with canonical versions of this view. First, its proponents groundlessly claim that disadvantaged offenders may be (...) punished as severely as advantaged ones, even though such punishment is unjust in light of the state’s loss of standing. Second, and more importantly, moral standing arguments prohibit states from blaming advantaged as well as disadvantaged offenders. This unwelcome outcome suggests that standing approaches incorrectly analyze the source of moral misgivings about punishing the disadvantaged. I conclude that those who share such concerns should put standing accounts aside. (shrink)

Journal of Political Philosophy, EarlyView.

In this chapter, Wringe considers expressivist accounts of punishment with particular emphasis on the work of Joel Feinberg, Jean Hampton, and Antony Duff. After distinguishing between definitional and justificatory versions of expressivism and examining the case for definitional expressivism, Zaibert argues first that a recognition of the expressive functions of punishment does not require us to accept an expressive definition of punishment. He also argues that the best-known versions of justificatory expressivism are unsuccessful, while an alternative that places at its (...) center what punishment communicates to society at large best resists the critique of punishment that originally motivated Feinberg’s arguments for understanding punishment in expressive terms. (shrink)

The increase in incarceration of offenders in the United States over the last 40 years has created a system of mass incarceration or mass punishment. While consequentialist theories of punishment may generate considerable doubts about the value of this system, it seems that retributive theories of punishment lack the resources to criticize mass punishment. Because of their focus on individual desert, it seems that they can say nothing about punishment in the aggregate. Nevertheless, there are good reasons for a certain (...) kind of retributivism to question the justice of mass punishment. When retributive punishment is considered as one of the functions of a state whose task is to create and maintain a system of equal freedom for all, then punishment must be justified not only at the individual level but also at the level of the system of punishment as a whole. If the criminal justice system inflicts excessive amounts of punishment in the aggregate, it becomes unjust, not because individual offenders are treated unjustly, but because a policy of relentless prosecution and punishment is not appropriate for a free society. (shrink)