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David Brink
University of California, San Diego
  1. Fairness and the Architecture of Responsibility.David O. Brink & Dana K. Nelkin - 2013 - Oxford Studies in Agency and Responsibility 1:284-313.
    This essay explores a conception of responsibility at work in moral and criminal responsibility. Our conception draws on work in the compatibilist tradition that focuses on the choices of agents who are reasons-responsive and work in criminal jurisprudence that understands responsibility in terms of the choices of agents who have capacities for practical reason and whose situation affords them the fair opportunity to avoid wrongdoing. Our conception brings together the dimensions of normative competence and situational control, and we factor normative (...)
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  2. Situationism, Responsibility, and Fair Opportunity.David O. Brink - 2013 - Social Philosophy and Policy (1-2):121-149.
    The situationist literature in psychology claims that conduct is not determined by character and reflects the operation of the agent’s situation or environment. For instance, due to situational factors, compassionate behavior is much less common than we might have expected from people we believe to be compassionate. This article focuses on whether situationism should revise our beliefs about moral responsibility. It assesses situationism’s implications against the backdrop of a conception of responsibility that is grounded in norms about the fair opportunity (...)
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  3. Prospects for Temporal Neutrality.David O. Brink - 2011 - In Craig Callender (ed.), The Oxford Handbook of Philosophy of Time. Oxford University Press.
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  4. First Acts, Last Acts, and Abandonment.David O. Brink - 2013 - Legal Theory 19 (2):114-123.
    This contribution reconstructs and assesses Gideon Yaffe’s claims in his book Attempts about what constitutes an attempt, what can count as evidence that an attempt has been made, whether abandonment is a genuine defense, and whether attempts should be punished less severely than completed crimes. I contrast Yaffe’s account of being motivated by an intention and the completion of an attempt in terms of the truth of the completion counterfactual with an alternative picture of attempts as temporally extended decision trees (...)
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  5. Responsibility, Incompetence, and Psychopathy.David O. Brink - 2013 - In The Lindley Lecture. University of Kansas.
    This essay articulates a conception of responsibility and excuse in terms of the fair opportunity to avoid wrongdoing and explores its implications for insanity, incompetence, and psychopathy. The fair opportunity conception factors responsibility into conditions of normative competence and situational control and factors normative competence into cognitive and volitional capacities. This supports a conception of incompetence that recognizes substantial impairment of either cognitive or volitional capacities as excusing, provided the agent is not substantially responsible for her own incompetence. This conception (...)
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  6.  39
    Common Sense and First Principles in Sidgwick's Methods*: DAVID O. BRINK.David O. Brink - 1994 - Social Philosophy and Policy 11 (1):179-201.
    What role, if any, should our moral intuitions play in moral epistemology? We make, or are prepared to make, moral judgments about a variety of actual and hypothetical situations. Some of these moral judgments are more informed, reflective, and stable than others ; some we make more confidently than others; and some, though not all, are judgments about which there is substantial consensus. What bearing do our moral judgments have on philosophical ethics and the search for first principles in ethics? (...)
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