In various areas of Anglo-American law, legal liability turns on causation. In torts and contracts, we are each liable only for those harms we havecausedby the actions that breach our legal duties. Such doctrines explicitly make causation an element of liability. In criminal law, sometimes the causal element for liability is equally explicit, as when a statute makes punishable any act that has “caused… abuse to the child….” More often, the causal element in criminal liability is more implicit, as when (...) criminal statutes prohibitkillings, maimings, rapings, burnings, etc. Such causally complex action verbs are correctly applied only to defendants who have caused death, caused disfigurement, caused penetration, caused fire damage, etc. (shrink)

There are a number of cases where, collectively, groups cause harm, and yet no single individual’s contribution to the collective makes any difference to the amount of harm that is caused. For instance, though human activity is collectively causing climate change, my individual greenhouse gas emissions are neither necessary nor sufficient for any harm that results from climate change. Some (e.g., Sinnott-Armstrong) take this to indicate that there is no individual moral obligation to reduce emissions. There is a collective action (...) problem here, to which I offer a solution. My solution rests on an argument for a (sometimes) bare moral difference between intending harm and foreseeing with near certainty that harm will result as an unintended side-effect of one’s action. I conclude that we have a moral obligation to reduce our individual emissions; and, more broadly, an obligation to not participate in many other harmful group activities (e.g., factory-farming). (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)

This paper lists a number of puzzles for shared obligations – puzzles about the role of individual influence, individual reasons to contribute towards fulfilling the obligation, about what makes someone a member of a group sharing an obligation, and the relation between agency and obligation – and proposes to solve them based on a general analysis of obligations. On the resulting view, shared obligations do not presuppose joint agency.

“Since the actions I perform as an individual only have an inconsequential effect on the threat of climate change,” a common argument goes, “it cannot be morally wrong for me to take my car to work everyday or refuse to recycle.” This argument has received a lot of scorn from philosophers over the years, but has actually been defended in some recent articles. A more systematic treatment of a central set of related issues shows how maneuvering around these issues is (...) no easy philosophical task. In the end, it appears, the argument from inconsequentialism indeed is correct in typical cases, but there are also important qualificatory considerations. (shrink)

Intentional collective action -- Collective moral responsibility -- Collective guilt -- Individual responsibility for (and in) collective wrongs -- Collective obligation, individual obligation, and individual moral responsibility -- Individual moral responsibility in wrongful social practice.

The contrast typically made between utilitarianism and virtue theory is overdrawn. Utilitarianism is a universal emulator: it implies that we should lie, cheat, steal, even appropriate Aristotle, when that is what brings about the best outcomes. In some cases and in some worlds it is best for us to focus as precisely as possible on individual acts. In other cases and worlds it is best for us to be concerned with character traits. Global environmental change leads to concerns about character (...) because the best results will be produced by generally uncoupling my behavior from that of others. Thus, in this case and in this world, utilitarians should be virtue theorists. (shrink)

Challenging, with several powerful arguments, some of our deepest beliefs about rationality, morality, and personal identity, Parfit claims that we have a false view about our own nature. It is often rational to act against our own best interersts, he argues, and most of us have moral views that are self-defeating. We often act wrongly, although we know there will be no one with serious grounds for complaint, and when we consider future generations it is very hard to avoid conclusions (...) that most of us will find very disturbing. (shrink)

There can be situations in which, if I contribute to a pool of resources for helping a large number of people, the difference that my contribution makes to any of the people helped from the pool will be imperceptible at best, and maybe even non-existent. And this can be the case where it is also true that giving the same amount directly to one of the intended beneficiaries of the pool would have made a very large difference to her. Can (...) non-contribution to the pool be morally justified on this ground? I argue that it cannot. For, first, this line of thought leaves unaffected any reasons for holding that failing to perform the direct action of benefiting someone greatly would be wrong. But the pooling system of helping people is often better than a system separating the help which is given — better because of the perceptible difference it makes to its beneficiaries. If so, failing to contribute to the pool will be at least as wrong as failing to have helped directly would have been. The paper clarifies and defends an argument of this form, showing how it can be formulated in a way that avoids apparent counterexamples, and identifying the assumptions on which it rests. (shrink)

In this article I examine the relation between causation and moral responsibility. I distinguish four possible views about that relation. One is the standard view: the view that an agent's moral responsibility for an outcome requires, and is grounded in, the agent's causal responsibility for it. I discuss several challenges to the standard view, which motivate the three remaining views. The final view – the view I argue for – is that causation is the vehicle of transmission of moral responsibility. (...) According to this view, although moral responsibility does not require causation, causation still grounds moral responsibility. (shrink)

How should deontological theories that prohibit actions of type K — such as intentionally killing an innocent person — deal with cases of uncertainty as to whether a particular action is of type K? Frank Jackson and Michael Smith, who raise this problem in their paper "Absolutist Moral Theories and Uncertainty" (2006), focus on a case where a skier is about to cause the death of ten innocent people — we don’t know for sure whether on purpose or not — (...) by causing an avalanche; and we can only save the people by shooting the skier. One possible deontological attitude towards such uncertainty is what Jackson and Smith call the threshold view, according to which whether or not the deontological constraint applies depends on our degree of (justified) certainty meets a given threshold. Jackson and Smith argue against the threshold view that it leads to implausible paradoxical moral dilemmas in a special kind of case. In this response, we show that the threshold view can avoid these implausible moral dilemmas, as long as the relevant deontological constraint is grounded in individualistic patient-based considerations, such as what an individual person is entitled to object to. (shrink)

The concept of causation is fundamental to ascribing moral and legal responsibility for events. Yet the precise relationship between causation and responsibility remains unclear. This book clarifies that relationship through an analysis of the best accounts of causation in metaphysics, and a critique of the confusion in legal doctrine. The result is a powerful argument in favour of reforming the moral and legal understanding of how and why we attribute responsibility to agents.

What is the relationship between moral responsibility and causation? Plainly, we are not morally responsible for everything that we cause. For we cause a multitude of things, including things that we couldn't possibly foresee we would cause and with respect to which we cannot be assessed morally. Thus, it is clear that causing something does not entail being morally responsible for it. But, does the converse entailment hold? Does moral responsibility require causation? Intuitively, it does: intuitively, we can only be (...) morally responsible for things that we cause. (shrink)

Given that there is a forceful case for thinking that the affluent are morally required to devote a substantial proportion of what they have to helping the poor, Garrett Cullity examines, refines and defends an argument of this form. He then identifies its limits.

When several agents together produce suboptimal outcomes, yet no individual could have made a difference for the better, Act Consequentialism counterintuitively judges that all involved agents act rightly. I address this problem by supplementing Act Consequentialism with a requirement of modal robustness: Agents not only ought to produce best consequences in the actual world, but they also ought to be such that they would act optimally in certain counterfactual scenarios. I interpret this Modally Robust Act Consequentialism as Act Consequentialism plus (...) a requirement of moral virtue, namely, to reliably act rightly and to act rightly for the right reasons. (shrink)

Christopher Kutz has written an excellent book: part metaphysics, part ethical theory, and part legal philosophy. The aim of the book, as is clear from the title, is to examine and defend the idea of complicity, that is, the responsibility of individuals for their participation in collective harms. While there has not been a lot of philosophical work on this topic, there has been some good work, and Kutz is responsive to most of it. But basically, this book strikes out (...) on its own, building a conception of complicity from an analysis of collective action and individual intention. The cornerstone of the analysis is the idea that individuals should be responsible for what they participate in, regardless of whether the participation makes a causal difference for the outcome. (shrink)

An argument against Parfit's view (in his chapter of Reasons and Persons on five mistakes in moral mathematics) that, rather than maximizing the difference one makes as an individual, one should join that group whose members together make the most positive difference in cases involving imperceptible benefits. It is shown how Parfit's defence of this view has the problematic implication either (1) that each outcome is less beneficial than itself or (2) that "less beneficial than" is not transitive.

Introduction -- Practical reasons and judicial use of force -- Deviating from legal standards -- The legal duties of judges -- The normative classification of legal results -- Reasons to deviate -- Adherence rules -- Obeying adherence rules -- The judicial oath -- Legal duty and political obligation -- Systemic effects -- Agent-relative principles -- Optimal adherence rules -- Guidance rules -- Treating like cases alike -- Implementation -- Theoretical implications -- Conclusion.