Non-moral ignorance can exculpate: if Anne spoons cyanide into Bill's coffee, but thinks she is spooning sugar, then Anne may be blameless for poisoning Bill. Gideon Rosen argues that moral ignorance can also exculpate: if one does not believe that one's action is wrong, and one has not mismanaged one's beliefs, then one is blameless for acting wrongly. On his view, many apparently blameworthy actions are blameless. I discuss several objections to Rosen. I then propose an alternative view on which (...) many agents who act wrongly are blameworthy despite believing they are acting morally permissibly, and despite not having mismanaged their moral beliefs.1. (shrink)

Climate change poses grave threats to many people, including the most vulnerable. This prompts the question of who should bear the burden of combating ?dangerous? climate change. Many appeal to the Polluter Pays Principle. I argue that it should play an important role in any adequate analysis of the responsibility to combat climate change, but suggest that it suffers from three limitations and that it needs to be revised. I then consider the Ability to Pay Principle and consider four objections (...) to this principle. I suggest that, when suitably modified, it can supplement the Polluter Pays Principle. (shrink)

This paper takes on several distinct but related tasks. First, I present and discuss what I will call the “Ignorance Thesis,” which states that whenever an agent acts from ignorance, whether factual or moral, she is culpable for the act only if she is culpable for the ignorance from which she acts. Second, I offer a counterexample to the Ignorance Thesis, an example that applies most directly to the part I call the “Moral Ignorance Thesis.” Third, I argue for a (...) principle—Don’t Know, Don’t Kill—that supports the view that the purported counterexample actually is a counterexample. Finally, I suggest that my arguments in this direction can supply a novel sort of argument against many instances of killing and eating certain sorts of animals. (shrink)

Very few moral philosophers have written on climate change.1 This is puzzling, for several reasons. First, many politicians and policy makers claim that climate change is not only the most serious environmental problem currently facing the world, but also one of the most important international problems per se.2 Second, many of those working in other disciplines describe climate change as fundamentally an ethical issue.3.

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Many political philosophers maintain that beneficiaries of injustice are under special obligations to assist victims of injustice. However, the examples favoured by those who endorse this view equally support an alternative luck egalitarian view, which holds that special obligations should be assigned to those with good brute luck. From this perspective the distinguishing features of the benefiting view are (1) its silence on the question of whether to allocate special obligations to assist the brute luck worse off to those who (...) are well off as a matter of brute luck but not as a result of injustice, and (2) its silence on the question of whether to allocate assistance to those who are badly off as a matter of brute luck but not as a result of injustice. In this new light, the benefiting view is harder to justify. (shrink)

The concept of agent-responsibility for an outcome (that is, of the outcome reflecting the autonomous choice of the agent) is central to both ethics and political philosophy. The concept, however, remains radically under-explored. In particular, the issue of partial responsibility for an outcome needs further development. I propose an account of partial responsibility based on partial causal contribution. Agents who choose autonomously in full knowledge of the consequences are agent-responsible, I claim, for the shift in the objective probability of the (...) outcome in question that her choice induces. Thus, agents will typically be only partially agent-responsible (that is, for a shift of less than 100 percent) for any given outcome. The model has an implication that is generally rejected: that agents who purchase lottery tickets and win are agent-responsible for only part of the winnings. (shrink)

This book by one of America's preeminent legal theorists is concerned with the conflict between the goals of justice and economic efficiency in the allocation of risk, especially risk pertaining to safety. The author approaches his subject from the premise that the market is central to liberal political, moral, and legal theory. In the first part of the book, he rejects traditional "rational choice" liberalism in favor of the view that the market operates as a rational way of fostering stable (...) relationships and institutions within communities of individuals with broadly divergent conceptions of the good. However, markets are needed most where they are most difficult to create and sustain, and one way to understand contract law in liberal legal theory, according to Professor Coleman, is as an institution designed to reduce uncertainty and thereby make markets possible. Another target of this book is the prevalent view that tort law helps rectify market failures when transaction costs are too high to permit contracting. The author argues instead that tort law should be understood as a way of rectifying wrongful losses not inefficient exchanges. (shrink)

The politics of climate change is marked by the fact that countries are dragging their heels in doing what they ought to do; namely, creating a binding global treaty, and fulfilling the duties assigned to each of them under it. Many different agents are culpable in this failure. But we can imagine a stylised version of the climate change case, in which no agents are culpable: if the bad effects of climate change were triggered only by crossing a particular threshold, (...) and it was reasonably, but mistakenly, believed by each country that insufficiently many other countries were willing to cooperate in order for that threshold to remain uncrossed, no country would be required to make a unilateral contribution. Yet even without culpability, we can diagnose a moral ill: the world has gone other than it should have. If not for the mistaken beliefs, there would have been a global climate treaty, and all the avoidance of future suffering that would come with it. In this article I argue that this moral ill has implications for the non-culpable agents, in that it generates duties to disgorge actual holdings over and above the counterpart holdings in the relevant counterfactual: those holdings the agents would have had, were the world to have gone as it should. (shrink)

It is a commonly-held belief that ignorance excuses. But what of moral ignorance? Is a person blameless who acts from “false” moral principles? In this paper I shall try to show that such a person is blameworthy. I shall produce an argument that connects the acceptance of moral principles with character, character with moral responsibility, and moral responsibility with the justifiability of blame.

Only paperback edition of great legal classic. Lucid, accessible coverage of liability, criminal law, torts, contracts, more, from historical perspective. New introduction by Sheldon M. Novick. Table of Cases.

This article defends the idea of applying principles of corrective justice to the matter of climate change. In particular, it argues against the excusable ignorance objection, which holds that historical emissions produced at a time when our knowledge of climate change was insufficient ought to be removed from the equation when applying rectificatory principles to this context. In constructing my argument, I rely on a particular interpretation of rectificatory justice and outcome responsibility. I also address the individualism objection by showing (...) why we should view states as relevant agents of climate change. This argument is built on the assumption that states are institutions set up to coordinate and regulate human interaction, so as to protect their citizens from the unwanted consequences of such interaction. (shrink)

Throughout the English-speaking world, and in the many other countries where analytic philosophy is studied, Hillel Steiner is esteemed as one of the foremost contemporary political philosophers. This volume is designed as a festschrift for Steiner and as an important collection of philosophical essays in its own right. The editors have assembled a roster of highly distinguished international contributors, all of whom are eager to pay tribute to Steiner by focusing on topics on which he himself has concentrated. Some of (...) the contributors engage directly with Steiner's work, whereas others focus not directly on his writings but instead grapple with issues that have figured prominently therein. Each essay seeks to advance the debates in which Steiner himself has so notably participated. The study concludes with a response by Steiner himself. (shrink)

An individual is agent-responsible for an outcome just in case it flows from her autonomous agency in the right kind of way. The topic of agent-responsibility is important because most people believe that agents should be held morally accountable (e.g., liable to punishment or having an obligation to compensate victims) for outcomes for which they are agent-responsible and because many other people (e.g., brute luck egalitarians) hold that agents should not be held accountable for outcomes for which they are not (...) responsible. In this paper, I examine how false beliefs affect agent-responsibility. Unlike most of the papers in this collection, my paper is on the notion of agent-responsibility that many believe is relevant to justice and morality generally. I do not here address the question of how, if at all, justice and morality are sensitive to agent-responsibility. (shrink)

I address an issue that arises for rights theories that recognize rights to compensation for rightsintrusions. Do individuals who never pose any risk of harm to others have a right, against a rightsintruder, to full compensation for any resulting intrusion-harm, or is the right limited in some way by the extent to which the intruder was agent-responsible for the intrusion-harm (e.g., the extent to which the harm was a foreseeable result of her autonomous choices)? Although this general issue of strict (...) liability vs. fault liability has been much analyzed and debated, there is a promising position that, to the best of my knowledge, has not been much discussed. This is the view that (1) when the intruder is agent-responsible for violating the rights (e.g., does so knowingly), she owes the intrudee compensation for the entire intrusion-harm, but (2) when the intruder is not agentresponsible for wrongly intruding upon the rights (because the intrusion was not wrong or because the intruder could not reasonably have known it was wrong), then she owes the intrudee compensation only for the intrusion-harm for which she is agent-responsible (and not, for example, harm that she could not have reasonably foreseen). I shall develop and motivate this position without attempting a full defense. Throughout, I focus on the rights of the intrudee, against the intruder, to compensation and the correlative duty of the intruder to the intrudee. I’m pleased and honored to have this paper included in this collection in honor of Hillel Steiner. Much of what I know about rights and libertarianism I learned from him – both from his written works and from his very helpful correspondence over the years. Moreover, his intellectual rigor, honesty, and modesty have been a source of inspiration. Although Hillel has not written extensively on compensation for intrusion-harms, it is a topic central to his view of justice, as it is to mine. (shrink)

This commentary argues in defence of equal per capita emissions with historical accountability as a general rule for allocating the right to emit greenhouse gases. Historical accountability takes into account historical inequalities in per capita emissions. Implicitly it gives every human being an equal share of the global resource atmosphere, independent of place or time. Three reasons are put forward to argue why historical accountability should be the guiding principle for an international agreement allocating rights of emissions. In addition, as (...) it has been dismissed by many scholars, six arguments are given to refute objections against historical accountability. (shrink)