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Punishment in the Executive Suite: Moral Responsibility, Causal Responsibility, and Financial Crime

In Lisa Herzog (ed.), Just Financial Markets?: Finance in a Just Society. Oxford University Press. pp. 125-153 (2017)

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  1. Willful ignorance and self-deception.Kevin Lynch - 2016 - Philosophical Studies 173 (2):505-523.
    Willful ignorance is an important concept in criminal law and jurisprudence, though it has not received much discussion in philosophy. When it is mentioned, however, it is regularly assumed to be a kind of self-deception. In this article I will argue that self-deception and willful ignorance are distinct psychological kinds. First, some examples of willful ignorance are presented and discussed, and an analysis of the phenomenon is developed. Then it is shown that current theories of self-deception give no support to (...)
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  • Exploitation and Economic Justice in the Liberal Capitalist State.Mark R. Reiff - 2013 - Oxford University Press.
    Exploitation and Economic Justice in the Liberal Capitalist State offers the first new, liberal theory of economic justice to appear in more than 30 years. The theory presented is designed to offer an alternative to the most popular liberal egalitarian theories of today and aims to be acceptable to both right and left libertarians too.
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  • Incommensurability and moral value.Mark R. Reiff - 2014 - Politics, Philosophy and Economics 13 (3):237-268.
    Some theorists believe that there is a plurality of values, and that in many circumstances these values are incommensurable, or at least incomparable. Others believe that all values are reducible to a single super-value, or that even if there is a plurality of irreducible values these values are commensurable. But I will argue that both sides have got it wrong. Values are neither commensurable nor incommensurable, at least not in the way most people think. We are free to believe in (...)
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  • Terrorism, Retribution, and Collective Responsibility.Mark R. Reiff - 2008 - Social Theory and Practice 34 (2):209-242.
    Terrorism is commonly viewed as a form of war, and as a form of war, the morality of terrorism seems to turn on the usual arguments regarding the furtherance of political objectives through coercive means. The terrorist argues that his options for armed struggle are limited, and that the use of force against civilians is the only way he can advance his cause. But this argument is subject to a powerful response. There is the argument from consequences, which asserts that (...)
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  • (1 other version)Responsibility incorporated.Philip Pettit - 2007 - Ethics 117 (2):171-201.
    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 (...)
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  • Overcriminalization: The Limits of the Criminal Law.Douglas N. Husak - 2007 - Oup Usa.
    Husak's primary goal is to defend a set of constraints to limit the authority of states to enact and enforce criminal offenses. In addition, Husak situates this endeavor in criminal theory as traditionally construed. This book urges the importance of this topic in the real world, while most Anglo-American legal philosophers have neglected it.
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  • Towards a theory of criminal law?R. A. Duff - 2010 - Aristotelian Society Supplementary Volume 84 (1):1-28.
    After an initial discussion (§i) of what a theory of criminal law might amount to, I sketch (§ii) the proper aims of a liberal, republican criminal law, and discuss (§§iii–iv) two central features of such a criminal law: that it deals with public wrongs, and provides for those who perpetrate such wrongs to be called to public account. §v explains why a liberal republic should maintain such a system of criminal law, and §vi tackles the issue of criminalization—of how we (...)
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  • Punishment, Compensation, and Law: A Theory of Enforceability.Mark R. Reiff - 2005 - New York: Cambridge University Press.
    This book is the first comprehensive study of the meaning and measure of enforceability. While we have long debated what restraints should govern the conduct of our social life, we have paid relatively little attention to the question of what it means to make a restraint enforceable. Focusing on the enforceability of legal rights but also addressing the enforceability of moral rights and social conventions, Mark Reiff explains how we use punishment and compensation to make restraints operative in the world. (...)
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  • No Such Thing as Accident: Rethinking the Relation between Causal and Moral Responsibility.Mark R. Reiff - 2015 - Canadian Journal of Law and Jurisprudence 28:371-397.
    According to the conventional view, causal and moral responsibility have a strict hierarchical relationship. Determining causal responsibility comes first; then we sort through the factors to which we have assigned causal responsibility and determine which, if any, should be assigned moral responsibility too. Moral inquiry accordingly stands not only apart but also above causal inquiry. But I am going to argue that this way of looking at causal and moral responsibility is a mistake. Rather than being separate and independent inquires (...)
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  • Reconsidering the Relationship among Voluntary Acts, Strict Liability, and Negligence in Criminal Law.Larry Alexander - 1990 - Social Philosophy and Policy 7 (2):84.
    This essay, as will become obvious, owes a huge debt to Mark Kelman, particularly to his article “Interpretative Construction in the Substantive Criminal Law.” That debt is one of both concept and content. There is rich irony in my aping Kelman's deconstructionist enterprise, for I do not share his enthusiasm for either the “insights” or the political agenda of the Critical Legal Studies movement. I do not believe that either the law in general or the criminal law in particular is (...)
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