Consisting of two essays, this work by a Harvard professor offers his thoughts on the idea of a social contract regulating people's behavior toward one another.

Previous edition, 1st, published in 1971.

Why does institutional police brutality continue so brazenly? Criminologists and other social scientists typically theorize about the causes of such violence, but less attention is given to normative questions regarding the demands of justice. Some philosophers have taken a teleological approach, arguing that social institutions such as the police exist to realize collective ends and goods based upon the idea of collective moral responsibility. Others have approached normative questions in policing from a more explicit social-contract perspective, suggesting that legitimacy is (...) derived by adhering to (limited) authority. This article examines methodologies within political philosophy for analyzing police injustice. The methodological inquiry leads to an account of how justice constrains the police through both special (or positional) moral requirements that officers assume voluntarily, as well as general moral requirements in virtue of a polity’s commitment to moral, political and legal values beyond law enforcement and crime reduction. The upshot is a conception of a police role that is constrained by justice from multiple foundational stances. (shrink)

The structure of police agencies, especially how the boundaries of their authority are drawn, is a crucial element of their legitimacy. Poorly drawn boundaries encourage unjustified police power and illegitimate police agencies. Claiming that realized political entities in developed democracies are illegitimate is fraught, in part because the difference between legitimate and illegitimate political power can be subtle in practice. To overcome this difficulty, I propose thinking in terms of “legitimacy-risk profiles.” I develop a way of determining a measure of (...) risk to legitimacy associated with various kinds of police power and agency structure. I then use it to explore the institutional boundaries recommended by the legitimacy-risk profiles of different kinds of policing. The result is a normative framework for thinking about political legitimacy at the realized—that is, not the fundamental and idealized—level. (shrink)

Algorithmic systems and predictive analytics play an increasingly important role in various aspects of modern life. Scholarship on the moral ramifications of such systems is in its early stages, and much of it focuses on bias and harm. This paper argues that in understanding the moral salience of algorithmic systems it is essential to understand the relation between algorithms, autonomy, and agency. We draw on several recent cases in criminal sentencing and K–12 teacher evaluation to outline four key ways in (...) which issues of agency, autonomy, and respect for persons can conflict with algorithmic decision-making. Three of these involve failures to treat individual agents with the respect they deserve. The fourth involves distancing oneself from a morally suspect action by attributing one’s decision to take that action to an algorithm, thereby laundering one’s agency. (shrink)

When agents insert technological systems into their decision-making processes, they can obscure moral responsibility for the results. This can give rise to a distinct moral wrong, which we call “agency laundering.” At root, agency laundering involves obfuscating one’s moral responsibility by enlisting a technology or process to take some action and letting it forestall others from demanding an account for bad outcomes that result. We argue that the concept of agency laundering helps in understanding important moral problems in a number (...) of recent cases involving automated, or algorithmic, decision-systems. We apply our conception of agency laundering to a series of examples, including Facebook’s automated advertising suggestions, Uber’s driver interfaces, algorithmic evaluation of K-12 teachers, and risk assessment in criminal sentencing. We distinguish agency laundering from several other critiques of information technology, including the so-called “responsibility gap,” “bias laundering,” and masking. (shrink)

Many social trends are conspiring to drive the adoption of greater automation in society, and we will certainly see a greater offloading of human decisionmaking to robots in the future. Many of these decisions are morally salient, including decisions about how benefits and burdens are distributed. Roboticists and ethicists have begun to think carefully about the moral decision making apparatus for machines. Their concerns often center around the plausible claim that robots will lack many of the mental capacities that are (...) indispensable in human moral decision making, such as empathy. To the extent that robots may be robustly artificially intelligent, these concerns subside, but they give way to new worries about creating artificial agents to do our bidding, if those artificial agents have moral standing. We suggest that the question of AI consciousness poses a dilemma. Whether artificially intelligent agents will be conscious or not, we will face serious difficulties in programming them to reliably make moral decisions. (shrink)