This study draws on deontic justice theory to examine an unexplored socioemotional micro-foundation of corporate social responsibility (CSR), namely anticipated guilt, in an effort to improve our understanding of employees’ moral reactions to their organization’s CSR. We empirically investigate whether environmental CSR induces anticipated guilt (i.e., concerns about future guilt for not contributing to organizational CSR) leading to organizational environmental citizenship behavior. We also consider two boundary conditions related to the social nature of anticipated guilt: line (...) manager support for the environment and negative environmental group norms. To test our hypotheses, we analyzed data from a convenience sample of 503 managers working in Mexican organizations, using Latent Moderated Structural equation modeling. Overall, our results support the deontic argument that employees care about CSR because CSR embodies moral concerns. Specifically, our findings show that efforts to avoid a guilty conscience increase when the line manager provides increased resources and control to act for the environment, and when group members do not care for the environment, suggesting that employees feel they have to compensate for their group’s moral failure. (shrink)

In the present work I am interested in addressing a specific aspect within the conceptual problem that poena naturalis implies. In other words, here I will answer the question about what is the poena naturalis. We can be recognized three theories: one that affirms that the poena naturalis is a compensation for culpability, another according to which the poena naturalis is the product of clemency or compassion, and the last that defends that the principles of legality, proportionality and rationality (...) allow justifying the poena naturalis. I will stop at each one of them in order to carry out a critical examination that will allow me to conclude which is the conception that best supports natural punishment. (shrink)

In legal proceedings, a fact-finder needs to decide whether a defendant is guilty or not based on probabilistic evidence. We defend the thesis that the defendant should be found guilty just in case it is rational for the fact-finder to believe that the defendant is guilty. We draw on Leitgeb’s stability theory for an appropriate notion of rational belief and show how our thesis solves the problem of statistical evidence. Finally, we defend our account of legal proof against challenges from (...) Staffel and compare it to a recent competitor put forth by Moss. (shrink)

. Grant Ramsey and Michael Deem argue that appreciating the role that empathy plays in posttransgression guilt leads to a more promising account of the emotion’s evolutionary origins. But because their proposal fails to adequately distinguish guilt from shame, we cannot say which of the two emotions we are actually getting an evolutionary account of. Moreover, a closer look at the details suggests both that empathy may be more relevant for our understanding of shame’s evolutionary origins than (...) class='Hi'>guilt’s, and that guilt is unlikely to be an adaptation. (shrink)

When is it fitting for an agent to feel guilt over an outcome, and for others to be morally indignant with her over it? A popular answer requires that the outcome happened because of the agent, or that the agent was a cause of the outcome. This paper reviews some of what makes this causal-explanatory view attractive before turning to two kinds of problem cases: cases of collective harms and cases of fungible switching. These, it is argued, motivate a (...) related but importantly different answer: What is required for fitting guilt and indignation is that the agent is relevantly implicated in that outcome: that the agent’s morally substandard responsiveness to reasons, or substandard caring, is relevantly involved in a normal explanation of it. This answer, it is further argued, makes sense because when an agent’s substandard caring is so involved, the outcome provides a lesson against such caring, a lesson central to the function of guilt and indignation. (shrink)

Recently, companions in guilt strategies have garnered significant philosophical attention as a response to arguments for moral error theory, the view that there are no moral facts and that our moral beliefs are thus systematically mistaken. According to Cuneo (The normative web: an argument for moral realism, Oxford University Press, Oxford, 2007), Das (Philos Q 66:152–160, 2016; Australas J Philos 95(1):58–69, 2017), Rowland (J Ethics Soc Philos 7(1):1–24, 2012; Philos Q 66:161–171, 2016) and others, epistemic facts would be just (...) as metaphysically problematic (or ‘guilty’) as moral facts. But since epistemic error theory is implausible, arguments for moral error theory prove too much and should be rejected. My aim is to argue that the success of this strategy is limited. In particular, the companions in guilt response fails against error-theoretic arguments motivated by concerns about explanatory dispensability, as recently developed by Joyce (The evolution of morality, MIT press, Bradford, 2005) and Olson (Moral error theory: history, critique, defence, Oxford University Press, Oxford, 2014: Ch. 7). To succeed, the response would require a prima facie plausible argument to the effect that epistemic facts are metaphysically dubious because they, too, are explanatorily dispensable. But, as I show, any such argument proves self-effacing: its premise commits us to believing in epistemic facts, while its conclusion forces us to deny their existence. Consequently, companions in guilt strategies don’t offer a panacea against arguments for moral error theory. (shrink)

My ambition in this paper is to provide an account of an unacknowledged example of blameless guilt that, I argue, merits further examination. The example is what I call carer guilt: guilt felt by nurses and family members caring for patients with palliative-care needs. Nurses and carers involved in palliative care often feel guilty about what they perceive as their failure to provide sufficient care for a patient. However, in some cases the guilty carer does not think (...) that he has the capacity to provide sufficient care; he has, in his view, done all he can. These carers cannot legitimately be blamed for failing to meet their own expectations. Yet despite acknowledging their blamelessness, they nonetheless feel guilty. My aims are threefold: first, to explicate the puzzling nature of the carer guilt phenomenon; second, to motivate the need to solve that puzzle; third, to give my own account of blameless guilt that can explain why carers feel guilty despite their blamelessness. In doing so I argue that the guilt experienced by carers is a legitimate case of guilt, and that with the right caveats it can be considered an appropriate response to the progressive deterioration of someone for whom we care. (shrink)

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. After describing the various means by which restraints may be enforced, Reiff explains how the sufficiency of enforcement can be measured, and he presents a unified theory of deterrence, retribution, and compensation that shows how these aspects of enforceability are interconnected. Reiff then applies his theory of enforceability to illuminate a variety of real-world problem situations. (shrink)

In this paper, I claim that live uterus donors ought to be considered for the possibility of compensation. I support my claim on the basis of comparable arguments which have already been applied to gamete donation, surrogacy, and other kinds of organ donation. However, I acknowledge that there are specificities associated with uterus donation, which make the issue of incentive and reward a harder ethical case relative to gamete donation, surrogacy, and other kinds of organ donation. Ultimately, I contend (...) that while reimbursement for the costs incurred by live uterus donors should be treated as a necessary ethical minimum, how much further we ought to remunerate uterus donations remains an open question. (shrink)

All previous solutions to the problem of evil have attempted to resolve the issue by showing that God permits them in order for a greater good. However, some contest that there are some instances in which there is no greater good, while in other cases good and evil have been distributed unjustly. I intend, in this paper, to show that if God compensates the harms of evil in the afterlife, any sort of good is enough to resolve the problem of (...) evil; even if the good is not greater than the evil nor distributed appropriately. To attain this end, I have divided the theory of compensation into a weak and a more effective account. The weak account alleges that the goodness of evils is merely based upon their compensation in the afterlife. I have proposed, in this article, a new, strong account of this theory, which considers both primary goods of evils and afterlife compensation as combined elements that can justify evils. After distinguishing the weak and strong versions of compensation, the idea is explained, and the advantages of the theory are pointed out. Finally, there are two chief objections raised against the validity of this theory, both have been mentioned and answered in this paper. (shrink)

According to Schopenhauer’s compensation argument for pessimism, the non-existence of the world is preferable to its existence because no goods can ever compensate for the mere existence of evil. Standard interpretations take this argument to be based on Schopenhauer’s thesis that all goods are merely the negation of evils, from which they assume it follows that the apparent goods in life are in fact empty and without value. This article develops a non-standard variant of the standard interpretation, which accepts (...) the relevance of the negativity thesis but rejects that the argument assumes that life’s goods are all empty and valueless. Instead, it argues that whatever value negative goods might possess, they do not have the kind of value to compensate for positive evils. This involves additional development of the negativity thesis and a defence of it against objections from Byron Simmons (2021). (shrink)

According to the results of 162 respondents survey, the affective and cognitive components of feelings of guilt in the space of Ukrainians’ collective consciousness were described. This space is complex, but poorly structured, capable of appearing and spreading little understood defensive assessments and attitudes. -/- The content of relevant processes recorded the following trends: undifferentiated feelings of guilt, general self-accusations, accusations of Ukrainians themselves for historical failures, shame for Ukrainians’ violence, readiness to recognize or not to recognize Ukrainians’ (...) guilties, accusations of Ukrainian powers of different periods, denunciation of Soviet power, Ukrainians’ feelings to be innocent victims of Russia, the avoidance of political guilt. -/- In defining of the perpetrators of Ukrainian historical miseries the agents of Russian-Soviet influences and the Ukrainian authorities of various times unconditionally dominate. Psychologically more problematic is the sphere of recognition / non-recognition by Ukrainians of their own faults. One can speak of the presence of a basic affective background – the experience of undifferentiated feelings of guilt. -/- The Ukrainians’ consciousness is characterized by two main emotional-value positions: denialdefensive (we are not guilty of anyone) and avoiding-defensive (we are only guilty of ourselves). The opposite self-accusatory position (we are guilty of others and should ask them for forgiveness) has a relatively small share. -/- The denial-defensive position essentially correlates with the narcissistic Ukrainian identity. The avoiding-defensive position reflects the conciliatory Ukrainian identity. Recognizing the historical blames of Ukrainians and a need to apologize concerns the representatives of humanistic Ukrainian identity. It means understanding the real state of affairs without illusory idealization, the ability to profoundly experience one’s involvement in the Ukrainian world, and the willingness to assume moral responsibility for the sins of the past. (shrink)

Calls for compensation are heard in many countries all over the world. Spokespersons on behalf of formerly oppressed and dominated groups call for compensation for the deeply traumatic injustices their members have suffered in the past. Sometimes these injustices were suffered decades ago by members already deceased. How valid are such claims to compensation and should they be honoured as a matter of justice? The focus of this essay is on these issues of compensatory justice. I want (...) to look at the issue from the perspective of the eradication of systematic poverty affecting particular groups—where injustices of the distant past can reliably be identified as one of the major contributory factors to people’s current poverty. In the paper I will examine the following issues: (1) What kind of injustices qualify to be remedied by means of compensatory justice? (2) Should there be a limit to how far back in history one should go to compensate for injustice? (3) How can an injustice from the distant past be reliably identified as a cause of current problems? (4) Who should be compensated? (5) Who is responsible for compensation? (6) What form should compensation take? (7) Is the concept of compensatory justice backward looking or forward looking? I will argue for a moral obligation to the effect that serious injustices, perpetrated long ago against a group of people and caused them to be poor, ought to be compensated by society in a variety of ways to the original victims (if still alive) and their descendants. (shrink)

In this dissertation I develop a philosophical theory of scapegoating that explains the role of blame-shifting and guilt avoidance in the endurance of oppression. I argue that scapegoating masks and justifies oppression by shifting unwarranted blame onto marginalized groups and away from systems of oppression and those who benefit from them, such that people in dominant positions are less inclined to notice or challenge its workings. I first identify a gap in our understanding of oppression, namely how oppression endures (...) despite widespread formal commitments to principles of equality and justice. I argue that prominent theories of oppression do not place enough weight on the question of how oppression is justified and concealed from us through blame-shifting, in ways that enable its persistence without our explicit approval of its systems. Scapegoating, a concept as old as the Bible, offers potential insight into the means through which we shift blame and avoid responsibility. However, my survey of the genealogy of scapegoating shows that existing conceptualizations of scapegoating are limited in their scope and cannot be applied to explain the endurance of oppression. I propose an ameliorative theory of scapegoating that accounts for deficiencies in prevailing theories of both oppression and scapegoating. Distinct from interpersonal theories and psychologistic analyses of scapegoating, my theory characterizes scapegoating according to its social function in oppression, thereby explaining structural dimensions that are not already captured by other accounts.With the motivation and ingredients in place, I develop my theory of scapegoating as made up of three sub-mechanisms: essentialization of marginalized groups as blameworthy, collective interest in protection against a threat, and social exclusion of the blamed. These sub-mechanisms work together to construct certain groups as scapegoats and encourage us to treat them accordingly through various structural and interpersonal means. I argue that scapegoating has important implications for the formation of social identities; namely, scapegoating constructs social identities in an oppressive arrangement that is largely hidden from us but informs our social and affective relations. By constructing some identities as essentially blameworthy and threatening, dominantly situated identity groups are encouraged to internalize a protected status, act together in defense of their status, and maintain systems of oppressive exclusion. Finally, I elaborate the epistemic dimensions of my theory of scapegoating to argue that scapegoating functions within our social imaginaries and structural epistemic practices. In particular, I focus on the ways that ignorance functions to maintain the scapegoat mechanism, and how scapegoating helps insulate structural forms of ignorance. I end by considering the potential for resistance to scapegoating. (shrink)

All previous solutions to the problem of evil have attempted to resolve the issue by showing that God permits them in order for a greater good. However, some contest that there are some instances in which there is no greater good, while in other cases good and evil have been distributed unjustly. I intend, in this paper, to show that if God compensates the harms of evil in the afterlife, any sort of good is enough to resolve the problem of (...) evil; even if the good is not greater than the evil nor distributed appropriately. To attain this end, I have divided the theory of compensation into a weak and a more effective account. The weak account alleges that the goodness of evils is merely based upon their compensation in the afterlife. I have proposed, in this article, a new, strong account of this theory, which considers both primary goods of evils and afterlife compensation as combined elements that can justify evils. After distinguishing the weak and strong versions of compensation, the idea is explained, and the advantages of the theory are pointed out. Finally, there are two chief objections raised against the validity of this theory, both have been mentioned and answered in this paper. (shrink)

Abstract: Contemporary analytic philosophers of the “reactive attitudes” tend to share a simple conception of guilt as “self-directed blame”—roughly, an “unpleasant affect” felt in combination with, or in response to, the thought that one has violated a moral requirement, evinced substandard “quality of will,” or is blameworthy. I believe that this simple conception is inadequate. As an alternative, I offer my own theory of guilt’s logic and its connection to morality. In doing so, I attempt to articulate (...) class='Hi'>guilt’s defining thought or proposition through an extended investigation and analysis of guilt’s many competing metaphors, which I trace from the Hebrew Bible to the New Testament to Shakespeare to contemporary vernacular. My interpretation of this literary genealogy offers a way to understand guilt’s seemingly disparate metaphors in terms of a single master-image that illuminates our self-conceptions and our relationship to morality. I conclude by making a very brief start toward a moral vindication of guilt against the backdrop of Nietzschean and Freudian analyses that explicitly call guilt’s place in a healthy social and personal life into question. I suggest that once guilt’s logic is made explicit, we can see that it makes sense of, honors, and addresses some of our deepest aspirations and needs. (shrink)

Lockdowns were a morally and medically appropriate anti-contagion policy to stop the spread of Covid. However, lockdowns came with considerable costs. Specifically, lockdowns imposed harms and losses upon the young in order to benefit the elderly, who were at the highest risk of severe illness and death from Covid. This represented a shifting of the (epidemiological) burden of Covid for the elderly to a systemic burden of lockdown upon the young. This article argues that even if lockdowns were a morally (...) permissible response to Covid, the harms and losses they imposed on the young ground a claim of compensation. I defend an intergenerational compensation argument that defends a claim for an egalitarian intergenerational transfer to compensate the young for the harms of lockdown. (shrink)

According to the received account of guilt in the philosophical literature, one cannot feel guilt unless one takes oneself to have done something morally wrong. But ordinary people feel guilt in many cases in which they do not take themselves to have done anything morally wrong. In this paper, I focus on one kind of guilt without perceived wrongdoing, guilt about being merely causally responsible for a bad state-of-affairs. I go on to present a novel (...) account of guilt that explains guilt about mere causal responsibility, according to which guilt represents part of the self as bound up with what is bad. (shrink)

Nicholas Agar argues, that enhancement technologies could be used to create post-persons—beings of higher moral status than ordinary persons—and that it would be wrong to create such beings.1 I am sympathetic to the first claim. However, I wish to take issue with the second.Agar's second claim is grounded on the prediction that the creation of post-persons would, with at least moderate probability, harm those who remain mere persons. The harm that Agar has in mind here is a kind of meta-harm: (...) the harm of being made more susceptible to being permissibly harmed—more liable to harm. Agar suggests that, if post-persons existed, mere persons could frequently be permissibly sacrificed in order to provide benefits to the post-persons. For instance, perhaps they could be permissibly used in lethal medical experiments designed to develop medical treatments for post-persons. By contrast, he suggests that mere persons typically cannot be permissibly sacrificed to provide benefits to other mere persons. He thus claims that mere persons would be more liable to sacrifice if post-persons existed than they are in the absence of post-persons. The creation of post-persons would make them worse off in at least this one respect.Agar then argues that, since this meta-harm imposed on mere persons would not be compensated, it would be wrong to create post-persons. It is here that I believe his argument begins to go awry. According to the concept of compensation that Agar deploys , a harm imposed on X is compensated just in …. (shrink)

A popular argument is that peer disagreement about controversial moral topics undermines justified moral belief in a way that peer disagreement about non-moral topics does not undermine justified non-moral belief. Call this argument the argument for moral skepticism from peer disagreement. Jason Decker and Daniel Groll have recently made a companions in guilt response to this argument. Decker and Groll argue that if peer disagreement undermines justified moral belief, then peer disagreement undermines much non-moral justified belief; if the argument (...) for moral skepticism from peer disagreement succeeds, then a kind of non-moral skepticism holds too. And we should not hold that the status of such non-moral beliefs are undermined by peer disagreement. In this paper, I shows that Decker and Groll’s companions in guilt argument fails. I then draw out the implications of my argument for the epistemology of disagreement and the epistemology of moral disagreement more generally. For instance, I then argue that peer disagreement about morality does not undermine all justified moral belief but that peer disagreement about morality does preclude most moral beliefs from being justified and constituting knowledge in a way that peer disagreement about non-moral topics does not preclude most non-moral beliefs from being justified and constituting knowledge. (shrink)

We often feel survivor guilt when the very circumstances that harm others leave us unscathed. Although survivor guilt is both commonplace and intelligible, it raises a puzzle for the standard philosophical account of guilt, according to which people feel guilt only when they take themselves to be morally blameworthy. The standard account implies that survivor guilt is uniformly unfitting, as people are not blameworthy simply for having fared better than others. In this paper, we offer (...) a rival account of guilt, the relational account of guilt, which makes sense of survivor guilt and other forms of guilt without self-blame while preserving the intelligibility of guilt about culpable wrongdoing. According to this account, guilt involves the feeling of being unable to justify ourselves to others, and we lack self-justification when we (however blamelessly) stand on the positive side of an undesirable asymmetry with them. When someone survives something that those around her do not, the disparity in outcome constitutes an asymmetry that is often undesirable, because it arises from luck or violates a requirement of solidarity. Thus, survivor guilt is often fitting. (shrink)

Whereas Christians often give guilt a prominent role, Buddhists are encouraged not to dwell on feelings of guilt. Leading members of the Triratna organisation – Sangharakshita, Subhuti and Subhadramati – characterise guilt as a negative emotion that hinders spiritual growth. However, if we carefully examine the concept of guilt in the manner of Wittgenstein we find that the accounts of guilt given by leading members of Triratna mischaracterise it and so ignore its positive aspects. They (...) should acknowledge the valuable role that guilt can play in our lives. (shrink)

Even in just wars we infringe the rights of countless civilians whose ruination enables us to protect our own rights. These civilians are owed compensation, even in cases where the collateral harms they suffer satisfy the proportionality constraint. I argue that those who authorize or commit the infringements and who also benefit from those harms will bear that compensatory duty, even if the unjust aggressor cannot or will not discharge that duty. I argue further that if we suspect antecedently (...) that we will culpably refrain from compensating those victims post bellum, then this makes satisfying the war’s proportionality constraint substantially more difficult at the outset of the war. The lesson here is that failing to take duties of compensation in war seriously constrains our moral permission to protect ourselves. (shrink)

The guilt left by immoral actions is why moral duties are more pressing and serious than other reasons like prudential considerations. Religions talk of sin and karma; the secular still speak of spots or stains. I argue that a moral staining view of guilt is in fact the best model. It accounts for guilt's reflexive character and for anxious, scrupulous worries about whether one has transgressed. To understand moral staining, I borrow Christine Korsgaard's view that we construct (...) our identities as agents through our actions. The contribution of immoral actions to self-constitution explains why moral obligations have priority and importance. (shrink)

Can compensation repair the moral harm of a previous wrongful act? On the one hand, some define the very function of compensation as one of restoring the moral balance. On the other hand, the dominant view on compensation is that it is insufficient to fully repair moral harm unless accompanied by an act of punishment or apology. In this paper, I seek to investigate the maximal potential of compensation. Central to my argument is a distinction between (...) apologetic compensation and non-apologetic compensation. Apologetic compensation, I argue, is an act that expresses regret and apology by means of some offer of money, goods, or services. Non-apologetic compensation is an act that seeks to restore loss or harm without expressing regret or apology. In the paper, I defend the view that acts of compensation can be apologetic and argue that such apologetic compensation is sufficient for moral repair. (shrink)

Claudia Blöser has recently proposed that Kant’s duty to be forgiving is grounded on the need to be relieved from the burden of our moral guilt, a need we have in virtue of our morally fallible nature, irrespectively of whether we have repented. I argue that Blöser's proposal does not fit well with certain central aspects of Kant’s views on moral guilt. For Kant, moral guilt is a complex phenomenon, that has both an intellectual and an affective (...) aspect. I argue that it is not even possible for us to fully overcome our intellectual guilt, and to the extent that it is possible to ameliorate our felt guilt, this is largely a matter of self-forgiveness. However, self-forgiveness is only appropriate when there is repentance for the wrongful action and rejection of its underlying immoral maxim by the wrongdoer as part of a project of moral transformation. I offer an alternative account of the human need for forgiveness, an account that makes forgiveness conditional on repentance. (shrink)

The Australian Federal Government has announced a two-year trial scheme to compensate living organ donors. The compensation will be the equivalent of six weeks paid leave at the rate of the national minimum wage. In this article I analyse the ethics of compensating living organ donors taking the Australian scheme as a reference point. Considering the long waiting lists for organ transplantations and the related costs on the healthcare system of treating patients waiting for an organ, the 1.3 million (...) AUD the Australian Government has committed might represent a very worthwhile investment. I argue that a scheme like the Australian one is sufficiently well designed to avoid all the ethical problems traditionally associated with attaching a monetary value to the human body or to parts of it, namely commodification, inducement, exploitation, and equality issues. Therefore, I suggest that the Australian scheme, if cost-effective, should represent a model for other countries to follow. Nonetheless, although I endorse this scheme, I will also argue that this kind of scheme raises issues of justice in regard to the distribution of organs. Thus, I propose that other policies would be needed to supplement the scheme in order to guarantee not only a higher number of organs available, but also a fair distribution. (shrink)

Antibiotic resistance is one of the most pressing public health problems humanity faces. Research into new classes of antibiotics and new kinds of treatments – including risky experimental treatments such as phage therapy and vaccines – is an important part of improving our ability to treat infectious diseases. In order to aid this research, we will argue that we should permit researchers to pay people any amount of money to compensate for the risks of participating in clinical trials, including ‘challenge (...) studies’ that involve deliberately infecting patients. We think that standard worries about paying for participation in risky research are reducible to concerns that can be addressed with the right screening mechanisms. (shrink)

Among other things, this paper considers what so-called collective guilt feelings amount to. If collective guilt feelings are sometimes appropriate, it must be the case that collectives can indeed be guilty. The paper begins with an account of what it is for a collective to intend to do something and to act in light of that intention. An account of collective guilt in terms of membership guilt feelings is found wanting. Finally, a "plural subject" account of (...) collective guilt feelings is articulated, such that they involve a joint commitment to feel guilt as a body. (shrink)

While mitigation and adaptation will help to protect us from climate change, there are harms that are beyond our ability to adapt. Some of these harms, which may have been instigated from historical emissions, plausibly give rise to duties of compensation. This chapter discusses several principles that have been discussed about how to divide climate duties—the polluter pays principle, the beneficiary pays principle, the ability to pay principle, and a new one, the polluter pays, then receives principle. The chapter (...) introduces several challenges to these principles from the literature, before discussing which policies and institutions might be relevant to compensation, whether internationally (e.g. the Green Climate Fund) or intergenerationally (e.g. Broome and Foley’s World Climate Bank). It also describes some recent successful climate cases which require both the Dutch government and a private firm to act in accordance with climate targets to avoid potential rights-violations. Finally, it discusses one of the most important international concepts with respect to compensation: the Loss & Damage pillar of climate policy. (shrink)

The article focuses on prosecutor's fallacy and interrogator's fallacy, the two kinds of reasoning in inferring a suspect's guilt. The prosecutor's fallacy is a combination of two conditional probabilities that lead to unfortunate commission of error in the process due to the inclination of the prosecutor in the establishment of strong evidence that will indict the defendant. It provides a comprehensive discussion of Gerd Gigerenzer's discourse on a criminal case in Germany explaining the perils of prosecutor's fallacy in his (...) application of probability to practical problems. It also discusses the interrogator's fallacy which was introduced by Robert A. J. Matthews as the error on the assumption that confessional evidence can never reduce the probability of guilt. (shrink)

The use of child soldiers in armed conflict is an increasing global concern. Although philosophers have examined whether child soldiers can be considered combatants in war, much less attention has been paid to their moral responsibility. While it is tempting to think of them as having diminished or limited responsibility, child soldiers often report feeling guilt for the wrongs they commit. Here I argue that their feelings of guilt are both intelligible and morally appropriate. The feelings of (...) class='Hi'>guilt that child soldiers experience are not self-censure; rather their guilt arises from their attempts to come to terms with what they see as their own morally ambiguous motives. Their guilt is appropriate because it reaffirms their commitment to morality and facilitates their self-forgiveness. (shrink)

In this article, we deal with the evaluation of the losses suffered by persons living in urban areas as a result of energy services. In the first part, we analyse how by adopting different informational foci we obtain contrasting interpersonal evaluations regarding the same loss. In the second part, we distinguish between a diachronic and a hypothetical/moralised threshold for harm in order to assess whether individuals are benefiting from or being harmed by a given energy service. Our argument is that (...) the most accurate evaluation of an individual damage caused by an energy service can be obtained by using capabilities as informational focus, instead of realised wellbeing or means to wellbeing, and by interpreting the loss in relation to a hypothetical/moralised threshold that corresponds to a list of central capabilities. In the last part, we address monetary and non-monetary compensations for a loss that is evaluated in terms of capabilities. Accordingly, we expound how compensation policies can either restore the capabilities lost due to energy services or monetarily compensate the individual for the fact that a given capability (or set of capabilities) has been irremediably lost. (shrink)

It is more or less uncontroversial that when we harm someone through wrongful conduct we incur an obligation to compensate her. But sometimes compensation is impossible: when the victim is killed, for example. Other times, only partial compensation is possible. In this article, I take some initial steps towards exploring this largely ignored issue. I argue that the perpetrator of a wrongful harm incurs a duty to promote the impartial good in proportion to the amount of harm that (...) cannot be made up for by compensating her victim. (shrink)

It is sometimes morally permissible not to help others even when doing so is overall better for you. For example, you are not morally required to take a career in medicine over a career in music, even if the former is both better for others and better for you. I argue that the permissibility of not helping in a range of cases of “compensated altruism” is explained by the existence of autonomy-based considerations. I sketch a view according to which you (...) can have autonomy-based permissions to choose between alternatives when these alternatives differ in terms of the valuable features they instantiate. Along the way, I argue that considerations of moral autonomy do not support rejecting the plausible view that we each constantly face reasons with morally requiring strength to help (distant) strangers. (shrink)

Forgiveness as a positive response to wrongdoing is a widespread phenomenon that plays a role in the moral lives of most persons. Surprisingly, Kant has very little to say on the matter. Although Kant dedicates considerable space to discussing punishment, wrongdoing and grace, he addresses the issues of human forgiveness directly only in some short passages in the Lectures on Ethics and in one passage of the Metaphysics of Morals. As noted by Sussman, the TL passage, however, betrays some ambivalence. (...) Kant establishes a duty of virtue to be forgiving (TL, 6:460), yet he immediately warns against its excess: meek toleration of recurrent wrongs could manifest a lack of self-respect and a violation of a duty to oneself (TL, 6:461). Sussman claims that this ambivalence ultimately arises from the fact that forgiveness sits uncomfortably in Kant’s moral thought. First, forgiveness has an ‘ineluctably elective aspect’ that makes it, to a certain extent, arbitrary and dependent on particular features of the forgiver’s psychology and, as such, in tension with Kant’s central claims that human beings are autonomous agents capable of determining their own moral status. Second, according to Sussman, Kant’s moral retributivism, i.e. ‘the particular moral position that every moral wrong against another deserves punishment of the wrongdoer’ seems to be in tension with the possibility of a ‘truly redemptive forgiveness’. Moreover, forgiveness also seems to be in tension with a passage of the Religion in which Kant argues that the moral guilt from our original evil disposition cannot be understood as a debt or liability that can be compensated, erased, transferred or otherwise wiped out by others (Rel, 6:72). Thus, to the extent that forgiveness might be thought to involve the forgoing of moral guilt, it seems incompatible with Kant’s views on culpability and punishment. This chapter seeks to clarify Kant’s views on forgiveness in order to show that, although not often appreciated, personal forgiveness plays an important role in the lives of ordinary human agents as understood by Kant. In particular, I aim to show there is a conception of forgiveness available to Kant that is not incompatible with Kant’s views of punishment and culpability. In Section 1, I argue that, for Kant, far from being merely ‘elective,’ forgiveness is, under certain conditions, morally required. I provide a brief summary of an interpretation of Kant’s theory of forgiveness that I have defended in recently published work , in order to argue that Kant’s duty to be forgiving should be understood as an imperfect duty of virtue which is conditional on repentance. Kant is not ambivalent about this duty because he maintains that when the relevant conditions are not met, we have a perfect duty to ourselves not to forgive unrepentant wrongdoers. The TL passage thus identifies two different duties. In Section 2, I show that forgiveness, as conceptualised by Kant, does not require the forgoing of punishment or the overcoming of moral guilt and that this could, in fact, be seen as an attractive feature of Kant’s position. I end by offering a very brief assessment of Kant’s views. (shrink)

The default position in Western ethics is that survivor’s guilt is either irrational or not rational, i.e., that while survivor’s guilt might be understandable, it is not justified in the sense of there being good reason for a person to exhibit it. From a widely held perspective, for example, one ought to feel guilty only for having done wrong, and in a culpable way, which, by hypothesis, a mere survivor has not done. Typical is the following: ‘Strictly speaking, (...) survivor guilt is not rational guilt, for surviving the Holocaust, or surviving battle….is not typically because a person has deliberately let another take his place in harm’ (N Sherman, ‘Guilt in War’). However, I find in the African tradition resources that promise to entail and plausibly explain why it would be reasonable, and specifically morally desirable, for a person to feel survivor’s guilt. The core idea that I take from this tradition is that a person is virtuous insofar as she is communal in her actions and attitudes. In my contribution I develop the hypothesis that feeling guilty upon the dumb luck of survival can be apt as a virtuous form of one’s attitudes being positively bound up with others. (shrink)

In this paper, I will attempt to develop and defend a common form of intuitive resistance to the companions in guilt argument. I will argue that one can reasonably believe there are promising solutions to the access problem for mathematical realism that don’t translate to moral realism. In particular, I will suggest that the structuralist project of accounting for mathematical knowledge in terms of some form of logical knowledge offers significant hope of success while no analogous approach offers such (...) hope for moral realism. (shrink)

Although there has been much discussion regarding shame and guilt, not enough has been said about the complexities of the relationship between the two. In this paper, I examine one way in which I take shame and guilt to interact – namely in cases of so-called “survivor’s guilt” among victims of trauma. More specifically, I argue that survivor’s guilt may represent a kind of response to feelings of shame – one which is centrally tied to the (...) central philosophical notions of autonomy and integrity. (shrink)

Central cases of moral blame suggest that blame presupposes that its target deserves to feel guilty, and that if one is blameworthy to some degree, one deserves to feel guilt to a corresponding degree. This, some think, is what explains why being blameworthy for something presupposes having had a strong kind of control over it: only given such control is the suffering involved in feeling guilt deserved. This chapter argues that all this is wrong. As evidenced by a (...) wider range of cases, blame doesn’t presuppose that the target deserves to feel guilt and doesn’t necessarily aim at the target’s suffering in recognition of what they have done. On the constructive side, the chapter offers an explanation of why, in many cases of moral blameworthiness, the agent nevertheless does deserve to feel guilt. The explanation leans on a general account of moral and non-moral blame and blameworthiness and a version of the popular idea that moral blame targets agents’ objectionable quality of will. Given the latter idea, the morally blameworthy have harmed the standing of some person or value, giving rise to obligations to give correspondingly less relative weight to their own standing, and so, sometimes, to their own suffering. (shrink)

Although researchers generally take great care to ensure that human subjects do not suffer very serious harms from their involvement in research, the situation is different for nonhuman animal subjects. Significant progress has been made in reducing unnecessary animal suffering in research, yet researchers still inflict severe pain and distress on tens of thousands of animals every year for scientific purposes. Some bioethicists, scientists, and animal welfare advocates argue for placing an upper limit on the suffering researchers may impose on (...) animal subjects, with rare exceptions for research that promises critical social benefits. In this article, I argue against such an upper limit on harm on the grounds that researchers often can compensate animal subjects for their suffering, even severe and long-lasting suffering. If animal subjects receive adequate compensation for the harms they suffer, then there is no general limit on how much suffering researchers may impose on them for scientific purposes. (shrink)

This thesis considers two allegations which conservatives often level at no-fault systems — namely, that responsibility is abnegated under no-fault systems, and that no-fault systems under- and over-compensate. I argue that although each of these allegations can be satisfactorily met – the responsibility allegation rests on the mistaken assumption that to properly take responsibility for our actions we must accept liability for those losses for which we are causally responsible; and the compensation allegation rests on the mistaken assumption that (...) tort law’s compensatory decisions provide a legitimate norm against which no-fault’s decisions can be compared and criticized – doing so leads in a direction which is at odds with accident law reform advocates’ typical recommendations. On my account, accident law should not just be reformed in line with no-fault’s principles, but rather it should be completely abandoned since the principles that protect no- fault systems from the conservatives’ two allegations are incompatible with retaining the category of accident law, they entail that no-fault systems are a form of social welfare and not accident law systems, and that under these systems serious deprivation – and to a lesser extent causal responsibility – should be conditions of eligibility to claim benefits. (shrink)

Christopher Cowie has recently argued that companions in guilt arguments against the moral error theory that appeal to epistemic reasons cannot work. I show that such companions in guilt arguments can work if, as we have good reason to believe, moral reasons and epistemic reasons are instances of fundamentally the same relation.

While geoengineering may counteract negative effects of anthropogenic climate change, it is clear that most geoengineering options could also have some harmful effects. Moreover, it is predicted that the benefits and harms of geoengineering will be distributed unevenly in different parts of the world and to future generations, which raises serious questions of justice. It has been suggested that a compensation scheme to redress geoengineering harms is needed for geoengineering to be ethically and politically acceptable. Discussions of compensation (...) for geoengineering harms, however, sometimes presume geoengineering has presented new and unique challenges to compensation that cannot be readily accommodated by existing compensation practices. The most explicit formulation of this view was recently presented by Toby Svoboda and Peter J. Irvine, who argued that two forms of uncertainty in geoengineering — namely, ethical uncertainty and scientific uncertainty — make it immensely difficult to devise an ethically and politically satisfactory compensation scheme for geoengineering harms. -/- In this paper, we argue against the view that geoengineering presents new and unique challenges relating to compensation. More specifically, we show that placing these challenges within the broader context of anthropogenic climate change reveals them to be less serious and less specific to geoengineering than some appear to believe. (shrink)

It has been said that we can't look the other in the eye in guilt. We don't have to be accused by another to feel we have failed her or him. The other need not be disappointed in us, nor even be aware of our failure at all. Guilt as self-blame would be the realization of our failure to behave in the way we expected of ourself, the hurt and disappointment we feel when we are not quite what (...) we thought we were. It would originate in a being-other-than what we expected, the sense of missed opportunity, of a mourning of a better fork in the road not taken. Guilt would register a sense of seeming self-regression or decadence in the momentum of one's experience. What, preliminarily, might we comment concerning the structure we've just sketched of a `twinge' of guilt, the feeling of ìetting oneself down? Let us at first locate the peculiar edge of guilt, as we have described it above, as its`I ought to have, should have, could have' way of thinking, our awareness that we failed to do what we were capable of, what we assumed we would. The proximity between that which one expected of oneself and one's apparent failure to live up to that standard would mark guilt as a gnawing, teasing puzzlement or surprise. Our falling away from another we care for could then be spoken of as an alienation of oneself from oneself. When we feel we have failed another, we mourn our mysterious dislocation from a competence or value which we associated ourselves with. It follows from this that any thinking of guilt as a `should have, could have' blamefulness deals in a notion of dislocation and distance, of a mysterious discrepancy within intended meaning, separating who we were from who we are in its teasing gnawing abyss. Guilt and sadness would seem to represent a plunge into the darkness of separation. As we have seen, for Derrida there would be guilt as an always implied within-trace effect determined by the origin of every event as other than itself in the instant of being itself. This within-trace sense of mourning would be an irreducible quasi-transcendental condition of experience. One disturbs and disappoints oneself in a certain sense at every moment. Then there would also be for Derrida the possibility of guilt, sadness and mourning as a momentum of between-trace relation marking our stumbling into experience marked by a sparse density of change. (shrink)

In this article, I argue that guilt and shame are not distinctive emotions. Instead, guilt is best seen as a kind of shame. I present three reasons for this view: First, guilt cannot merely arise as a consequence of how we evaluate our behaviour, since how we act implicates the whole self. Second, guilt cannot be relieved by taking responsibility, apologising and making amends unless it is a kind of shame. Third, the empirical research that seems (...) to show that ‘shame’ and ‘guilt’ are distinct can be explained by re-interpreting the data. (shrink)

In this paper, I do three things. First, I say what I mean by a ‘companions in guilt’ argument in meta-ethics. Second, I distinguish between two kinds of argument within this family, which I call ‘arguments by entailment’ and ‘arguments by analogy’. Third, I explore the prospects for companions in guilt arguments by analogy. During the course of this discussion, I identify a distinctive variety of argument, which I call ‘arguments by absorption’. I argue that this variety of (...) argument inherits some of the weaknesses of standard arguments by analogy and entailment without obviously adding to their strength. (shrink)