Author: Thomas Sören Hoffmann. Translated by Pedro Sepúlveda Zambrano.

Over the last two decades, the capabilities approach has become an increasingly influential theory of development. It conceptualises human wellbeing in terms of an individual's ability to achieve functionings we have reason to value. In contrast, the African ethic of ubuntu views human flourishing as the propensity to pursue relations of fellowship with others, such that relationships have fundamental value. These two theoretical perspectives seem to be in tension with each other; while the capabilities approach focuses on individuals as the (...) locus of ethical value, an ubuntu ethic concentrates on the relations between individuals. In this article, we ask: to what extent is the capabilities approach compatible with this African ethical theory? We argue that, on reflection, relations play a much stronger role in the capabilities approach than often assumed. There is good reason to believe that relationality is part of the concept of a capability itself, where such relationality has intrinsic ethical value. This understanding of the ethical centrality of relations grounds new normative perspectives on the capabilities approach, and offers a more comprehensive grasp of the relevance of relationships to empirical enquiry. (shrink)

In this article, I consider the harms inflicted upon transgender persons through “misgendering,” that is, such deployments of gender terms that diminish transgender persons’ selfrespect, limit the discursive resources at their disposal to define their own gender, and cause them microaggressive psychological harms. Such deployments are morally contestable, that is, they can be challenged on ethical or political grounds. Two characterizations of “woman” proposed in the feminist literature are critiqued from this perspective. When we consider what would happen to transgender (...) women upon the broad implementation of these characterizations within transgender women’s social context, we discover that they suffer from two defects: they either exclude at least some transgender women, or else they implicitly foster hierarchies among women, marginalizing transgender women in particular. In conclusion, I claim that the moral contestability of gender-term deployments acts as a stimulus to regularly consider the provisionality and revisability of our deployments of the term “woman.”. (shrink)

Moral duties are regularly attributed to groups. Does this make conceptual sense or is this merely political rhetoric? And what are the implications for these individuals within groups? Collins outlines a Tripartite Model of group duties that can target political demands at the right entities, in the right way and for the right reasons.

Plausibly, only moral agents can bear action-demanding duties. Not all groups are moral agents. This places constraints on which groups can bear action-demanding duties. Moreover, if such duties imply ability then moral agents – of both the individual and group varieties – can only bear duties over actions they are able to perform. I tease out the implications of this for duties over group actions, and argue that groups in many instances cannot bear these duties. This is because only groups (...) with the right kind of structure – groups I call ‘collectives’ – have the agency to bear action-demanding duties. Yet neither can individuals bear these duties, assuming that individuals cannot perform group actions and that duty implies ability. This appears to leave us at a loss when assigning duties to perform some group actions. I argue we can solve this problem by assigning collectivization duties to individuals – duties to form a collective that then incurs a duty over the action. I give criteria for when individuals have collectivization duties and discuss the demands these duties place on their bearers. (shrink)

Individuals sometimes pass their duties on to collectives, which is one way in which collectives can come to have duties. The collective discharges its duties by acting through its members, which involves distributing duties back out to individuals. Individuals put duties in and get (transformed) duties out. In this paper we consider whether (and if so, to what extent) this general account can make sense of states' duties. Do some of the duties we typically take states to have come from (...) individuals having passed on certain individual duties? There are complications: states can discharge their duties by contracting fulfilment out to non-members; states seem able to dissolve the duties of non-members; and some of states' duties are not derived in this way. We demonstrate that these complicate, but do not undermine, the general account and its application to states. And the application has an interesting upshot: by asking which individuals robustly participate in this process of duty transfer-and-transformation with a given state, we can begin to get a grip on who counts as a member of that state. (shrink)

This paper provides an overview of Group Duties: Their Existence and Their Implications for Individuals.

In this chapter, Stephanie Collins examines the idea that individuals can acquire ‘membership duties’ as a result of being members of a group that itself bears duties. In particular, powerful and wealthy states are duty-bearing groups, and their citizens have derivative membership duties (for example, to contribute to putting right wrongs that have been done in the past by the group in question, and to increase the extent to which the group fulfils its duties). In addition, she argues, individuals (...) have duties to signal their willingness to coordinate with others so as to do more good than the sum of what each could do on their own. Putting these two things together, Collins suggests, individuals’ duties in (for instance) matters of global poverty might be largely driven by such group-based considerations, leaving little room for the duties that would follow from more individualistic reasoning. (shrink)

Vices are often attributed to corporations. We hear that casinos are ‘greedy,’ mining companies are ‘ruthless,’ or tobacco companies are ‘dishonest.’ This chapter addresses two questions. First, are such corporate vices reducible to the vices of individual role-bearers? Second, which traits of corporations are properly labelled ‘vices’? The chapter argues that corporate vice is sometimes irreducible to the vices of role-bearers: corporations can be vicious ‘over and above’ the traits of role-bearers. It further argues that different corporations should be held (...) to different standards: what it means for a casino to be ‘vicious’ is different from what it means for a mining company to be ‘vicious,’ for example. (shrink)

Why, morally speaking, ought we do more for our family and friends than for strangers? In other words, what is the justification of special duties? According to partialists, the answer to this question cannot be reduced to impartial moral principles. According to impartialists, it can. This paper briefly argues in favour of impartialism, before drawing out an implication of the impartialist view: in addition to justifying some currently recognised special duties, impartialism also generates new special duties that are not yet (...) widely recognised. Specifically, in certain situations, impartial principles generate duties to take actions and adopt attitudes in our personal lives that increase the chance of new or different special relationships being formed—new or different friendships, family-like relationships, relationships akin to co-nationality, and so on. In fact, even if one thinks partialism is the best justification of the duties we have once in special relationships, impartialist justifications for taking steps to form such relationships should have some sway. Moreover, a little reflection shows that these duties are not as demanding or counterintuitive as one might expect. (shrink)

Are obligations of collective agents—such as states, businesses, and non-profits—ever overdemanding? I argue they are not. I consider two seemingly attractive routes to collective overdemandingness: that an obligation is overdemanding on a collective just if the performance would be overdemanding for members; and that an obligation is overdemanding on a collective just if the performance would frustrate the collective’s permissible deep preferences. I reject these. Instead, collective overdemandingness complaints should be reinterpreted as complaints about inability or third-party costs. These are (...) not the same as overdemandingness. Accordingly, we can ask an awful lot of collective agents. (shrink)

The ethics of care has flourished in recent decades yet we remain without a succinct statement of its core theoretical commitment. This book uses the methods of analytic philosophy to argue for a simple care ethical slogan: dependency relationships generate responsibilities. It uses this slogan to unify, specify and justify the wide range of views found within the care ethical literature.

Which kinds of responsibility can we attribute to which kinds of collective, and why? In contrast, which kinds of collective responsibility can we not attribute—which kinds are ‘gappy’? This study provides a framework for answering these questions. It begins by distinguishing between three kinds of collective and three kinds of responsibility. It then explains how gaps—i.e. cases where we cannot attribute the responsibility we might want to—appear to arise within each type of collective responsibility. It argues some of these gaps (...) do not exist on closer inspection, at least for some collectives and some of the time. (shrink)

Climate change is more than a discrete issue demanding political attention and response. A changing climate permeates political life as material processes of planetary change reverberate in our bodies, affecting subterranean processes of attention and evoking bodily responses at and below the threshold of awareness. By way of example, I explore the register of bodily feeling to raise the possibility that proliferating anomalies in atmospheric, oceanic, and seismic activities are entering into subliminal experiences of time and confounding embodied expectations of (...) how the future is likely to flow from the past. The essay concludes with a preliminary discussion of how micropolitical strategies to amplify visceral experiences of climatic changes might valuably contribute to larger programs for climate action. (shrink)

According to Field’s influential incompleteness objection, Tarski’s semantic theory of truth is unsatisfactory since the definition that forms its basis is incomplete in two distinct senses: (1) it is physicalistically inadequate, and for this reason, (2) it is conceptually deficient. In this paper, I defend the semantic theory of truth against the incompleteness objection by conceding (1) but rejecting (2). After arguing that Davidson and McDowell’s reply to the incompleteness objection fails to pass muster, I argue that, within the constraints (...) of a non-reductive physicalism and a holism concerning the concepts of truth, reference and meaning, conceding Field’s physicalistic inadequacy conclusion while rejecting his conceptual deficiency conclusion is a promising reply to the incompleteness objection. (shrink)

This paper investigates agents’ blameworthiness when they are part of a group that does harm. We analyse three factors that affect the scope of an agent’s blameworthiness in these cases: shared intentionality, interpersonal influence, and common knowledge. Each factor involves circumstantial luck. The more each factor is present, the greater is the scope of each agent’s vicarious blameworthiness for the other agents’ contributions to the harm. We then consider an agent’s degree of blameworthiness, as distinct from her scope of blameworthiness. (...) We suggest that an agent mostly controls her degree of blameworthiness—but even here, luck constrains what possible degrees of blameworthiness are open to her. (shrink)

When a liberal-democratic state signs a treaty or wages a war, does its whole polity do those things? In this article, we approach this question via the recent social ontological literature on collective agency. We provide arguments that it does and that it does not. The arguments are presented via three considerations: the polity's control over what the state does; the polity's unity; and the influence of individual polity members. We suggest that the answer to our question differs for different (...) liberal-democratic states and depends on two underlying considerations: the amount of discretion held by the state's officeholders; the extent to which the democratic procedure is deliberative rather than aggregative. (shrink)

A collective duty gap arises when a group has caused harm that requires remedying but no member did harm that can justify the imposition of individual remedial duties. Examples range from airplane crashes to climate change. How might collective duty gaps be filled? This paper starts by examining two promising proposals for filling them. Both proposals are found inadequate. Thus, while gap-filling duties can be defended against objections from unfairness and demandingness, we need a substantive justification for their existence. I (...) argue that substantive justification can be found in the normative force of commitments individuals make to others with regard to ends. Along the way, I argue that gap-filling duties must be conceptualized differently in group agents, as compared to non-agent groups: in the former, gap-filling duties can be understood as duties to “take up the slack”; in the latter, this would be a category error. (shrink)

This is a response to the critial comments by Anne Schwenkenbecher, Olle Blomberg, Bill Wringe and Gunnar Björnsson.

Digital phenotyping will potentially enable earlier detection and prediction of mental illness by monitoring human interaction with and through digital devices. Notwithstanding its promises, it is certain that a person’s digital phenotype will at times be at odds with their first-person testimony of their psychological states. In this paper, we argue that there are features of digital phenotyping in the context of psychiatry which have the potential to exacerbate the tendency to dismiss patients’ testimony and treatment preferences, which can be (...) instances of epistemic injustice. We first explain what epistemic injustice is, and why it is argued to be an extensive problem in health and disability settings. We then explain why epistemic injustice is more likely to apply with even greater force in psychiatric contexts, and especially where digital phenotyping may be involved. Finally, we offer some tentative suggestions of how epistemic injustice can be minimised in digital psychiatry. (shrink)

Philosophers increasingly argue that collective agents can be blameworthy for wrongdoing. Advocates tend to endorse functionalism, on which collectives are analogous to complicated robots. This is puzzling: we don’t hold robots blameworthy. I argue we don’t hold robots blameworthy because blameworthiness presupposes the capacity for a mental state I call ‘moral self-awareness’. This raises a new problem for collective blameworthiness: collectives seem to lack the capacity for moral self-awareness. I solve the problem by giving an account of how collectives have (...) this capacity. The trick is to take seriously individuals’ status as flesh-and-blood material constituents of collectives. The idea will be: under certain conditions that I specify, an individual can be the locus of a collective's moral self-awareness. The account provides general insights concerning collectives’ dependence on members, the boundaries of membership, and the locus of collectives’ phenomenology. (shrink)

Individuals have various kinds of obligations: keep promises, don’t cause harm, return benefits received from injustices, be partial to loved ones, help the needy and so on. How does this work for group agents? There are two questions here. The first is whether groups can bear the same kinds of obligations as individuals. The second is whether groups’ pro tanto obligations plug into what they all-things-considered ought to do to the same degree that individuals’ pro tanto obligations plug into what (...) they all-things-considered ought to do. We argue for parity on both counts. (shrink)

Philosophers often talk as though each ability is held by exactly one agent. This paper begins by arguing that abilities can be held by groups of agents, where the group is not an agent. I provide a new argument for—and a new analysis of—non-agentive groups’ abilities. I then provide a new argument that, surprisingly, obligations are different: non-agentive groups cannot bear obligations, at least not if those groups are large-scale such as ‘humanity’ or ‘carbon emitters.’ This pair of conclusions is (...) important, since philosophers who endorse large-scale non-agentive groups’ abilities almost universally endorse their obligations. More importantly, the twin arguments (one for abilities, one against obligations) make the following novel contribution: abilities imply agency-involving explanations, while obligations imply action-guidance. This general conclusion should be of interest beyond social ontology. (shrink)

Organizations do moral wrong. States pursue unjust wars, businesses avoid tax, charities misdirect funds. Our social, political, and legal responses require guidance. We need to know what we’re responding to and how we should respond to it. We need a metaphysical and moral theory of wrongful organizations. This book provides a new such theory, paying particular attention to questions that have been underexplored in existing debates. These questions include: where are organizations located as material objects in the natural world? What’s (...) the metaphysical relation between organizations and their members? Can organizations be blameworthy for attitudes and character traits, as well as for actions? What about feelings of guilt, remorse, and shame—can organizations feel these emotions and why does this matter? How and why are members implicated in organizations’ wrongs? How should organizations’ reparative costs be apportioned among members? The book answers these questions. It argues that organizations are material objects with humans as material parts—much like how a pizza is a material object with slices as material parts. This picture helps us make sense of organizations’ blameworthiness, including blame for organization-level actions, attitudes, and character traits. The book argues that organizations can experience moral self-awareness—a crucial component of guilt, remorse, and shame. Members can be implicated in organizations’ actions in numerous ways—and, it is argued, members’ level of implication should determine their share of organizations’ reparative burdens. (shrink)

Minimalism is currently the received deflationary theory of truth. On minimalism, truth is a transparent concept and a deflated property of truth bearers. In this paper, I situate minimalism within current deflationary debate about truth by contrasting it with its main alternative―the redundancy theory of truth. I also outline three of the primary challenges facing minimalism, its formulation, explanatory adequacy and stability, and draw some lessons for the soundness of its conception of truth.

A standard objection to socioeconomic human rights is that they are not claimable as human rights: their correlative duties are not owed to each human, independently of specific institutional arrangements, in an enforceable manner. I consider recent responses to this ‘claimability objection,’ and argue that none succeeds. There are no human rights to socioeconomic goods. But all is not lost: there are, I suggest, human rights to ‘socioeconomic consideration’. I propose a detailed structure for these rights and their correlative duties, (...) while remaining neutral on substantive moral debates. I argue that socioeconomic-consideration human rights are satisfactorily claimable and sufficiently practical. (shrink)

On rationalist infallibilism, a wide range of both (i) analytic and (ii) synthetic a priori propositions can be infallibly justified, i.e., justified in a way that is truth-entailing. In this paper, I examine the second thesis of rationalist infallibilism, what might be called ‘synthetic a priori infallibilism’. Exploring the seemingly only potentially plausible species of synthetic a priori infallibility, I reject the infallible justification of so-called self-justifying propositions.

David Estlund has recently asked: how can structural injustice warrant resentment and indignation, given that it cannot fully be traced to culpable conduct? This article answers Estlund’s question. I propose that a social structure is an object that persists through time and is materially constituted by humans in relation. I use accounts of the point of blame to vindicate attitudes of resentment and indignation that target social structures themselves, without necessarily targeting their human constituents.

In order for states to fulfil their moral duties, costs must be passed to individual citizens. This paper asks how these costs should be distributed. I advocate the common-sense answer: the distribution of costs should, insofar as possible, track the reasons behind the state’s duty. This answer faces a number of problems, which I attempt to solve.

From the early reception of Thomas Aquinas up to the present, many have interpreted his theory of liberum arbitrium to imply intellectual determinism: we do not control our choices, because we do not control the practical judgments that cause our choices. In this paper we argue instead that he rejects determinism in general and intellectual determinism in particular, which would effectively destroy liberum arbitrium as he conceives of it. We clarify that for Aquinas moral responsibility presupposes liberum arbitrium and thus (...) the ability to do otherwise, although the ability to do otherwise applies differently to praise and blame. His argument against intellectual determinism is not straightforward, but we construct it by analogy to his arguments against other deterministic threats. The non-determinism of the intellect’s causality with respect to the will results from his claims that practical reasoning is defeasible and that the reasons for actions are not contrastive reasons. (shrink)

Some scholars working on the ethics of belief argue that we can wrong each other in virtue of what we believe. This thesis is known as doxastic wronging. Proponents of doxastic wronging have different views about when our beliefs wrong. A prominent view is that our beliefs wrong when they falsely diminish. I call this the false diminishment account of doxastic wronging. In this paper, I argue against this account on the grounds that it is morally overdemanding. Nevertheless, I agree (...) with proponents that our beliefs are sometimes morally objectionable. I offer an account of disrespectful belief which holds that our beliefs are disrespectful when they falsely deflate, i.e., incorrectly underestimate, and thereby lead us to undervalue morally significant features of each other’s personhood. My view implies that we can form disrespectful beliefs about each other even if we do not wrong each other by forming them. (shrink)

In this chapter, I argue that care ethics offers useful resources for developing alternative models of responsibility for of structural injustice. I begin in Section 2 by providing an overview of what 'structural injustice' is and of the ‘forward-looking’ models of responsibility that have been developed for dealing with it. In Section 3, I give an overview of (my interpretation of) care ethics. This will reveal several points of resonance between care ethics and existing forward-looking theories of responsibility for structural (...) injustice. In Section 4, I weave these two threads together, explicitly enumerating several care ethical insights that can be brought to bear on forward-looking theories of responsibility for structural injustice. (shrink)

When we say that ‘the government should be ashamed’, can we be taken literally? I argue that we can: organisations have duties over their emotions. Emotions have both functional and felt components. Often, emotions’ moral value derives from their functional components: from what they cause and what causes them. In these cases, organisations can have emotional duties in the same way that they can have duties to act. However, emotions’ value partly derives from their felt components. Organisations lack feelings, but (...) can have duties to increase the likelihood that their members have relevant emotions (with the right felt components), in virtue of and in accordance with their role in the organisation. To systematise these conclusions, I provide a taxonomy of organisations’ – and individuals’ organisationally situated – emotional duties. This taxonomy will enable scholars of electoral politics, international politics and public policy to systematically integrate emotions into the study of organisations. (shrink)

The superassertability theory of truth, inspired by Crispin Wright (1992, 2003), holds that a statement is true if and only if it is superassertable in the following sense: it possesses warrant that cannot be defeated by any improvement of our information. While initially promising, the superassertability theory of truth is vulnerable to a persistent difficulty highlighted by James Van Cleve (1996) and Terrence Horgan (1995) but not properly fleshed out: it is formally illegitimate in a similar sense that unsophisticated epistemic (...) theories of truth are widely acknowledged to be. Sustained analysis reveals that the unrestricted formal legitimacy argument is firmly grounded in first person conceivability evidence. (shrink)

Linguistic competence, in general terms, involves the ability to learn, understand, and speak a language. The nativist view in the philosophy of linguistics holds that the principal foundation of linguistic competence is an innate faculty of linguistic cognition. In this paper, close scrutiny is given to nativism's fundamental commitments in the area of metaphysics. In the course of this exploration it is argued that any minimally defensible variety of nativism is, for better or worse, married to two theses: linguistic competence (...) is grounded in a faculty of linguistic cognition that is (i) embodied and (ii) whose operating rules are represented in the brains of human language users. (shrink)

The weak deflationist about truth is committed to two theses: one conceptual, the other ontological. On the conceptual thesis (what might be called a ‘triviality thesis’), the content of the truth predicate is exhausted by its involvement in some version of the ‘truth-schema’. On the ontological thesis, truth is a deflated property of truth bearers. In this paper, I focus on weak deflationism’s ontological thesis, arguing that it generates an instability in its view of truth: the view threatens to collapse (...) into either that of strong deflationism (i.e., truth is not a property) or that of some form of inflationism (i.e., truth is a substantial property). The instability objection to weak deflationism is sketched by way of a truth-property ascription dilemma, the two horns of which its proponent is at pains to circumvent. (shrink)

Many governments are failing to act sufficiently strongly on climate change. Given this, what should motivated affluent individuals in high-consumption societies do? This paper argues that social norms are a particularly valuable target for individual climate action. Within norm-promotion, the paper makes the case for a focus on anti-fossil fuel norms specifically. Section 1 outlines gaps in the existing literature on individuals’ climate change obligations. Section 2 characterises social norms. Section 3 provides seven reasons why social norms are a particularly (...) worthy target for individual climate actors. Section 4 asks which social norms individuals should emphasise, arguing that anti-fossil fuel norms have advantages over emissions reduction and offsetting norms. Section 5 outlines the pathways and mechanisms individuals might exploit to promote anti-fossil fuel norms. (shrink)

A central tenet of Heil's ontological conception is a no-levels account of reality, according to which there is just one class of basic properties and relations, while all higher-level entities are configurations of these base-level entities. I argue that if this picture is not to collapse into an eliminativist picture of the world – which, I contend, should be avoided –, Heil's ontological framework has to be supplemented by an independent theory of which configurations of basic entities should count as (...) complex entities. However, such an amendment represents a substantial ontological enhancement, so that the ensuing ontological picture is not as parsimonious as Heil claims it to be. (shrink)

A key challenge for probabilistic causal models is to distinguish non-causal probabilistic dependencies from true causal relations. To accomplish this task, causal models are usually required to satisfy several constraints. Two prominent constraints are the causal Markov condition and the faithfulness condition. However, other constraints are also needed. One of these additional constraints is the causal sufficiency condition, which states that models must not omit any direct common causes of the variables they contain. In this paper, I argue that the (...) causal sufficiency condition is problematic: (1) it is incompatible with the requirement that the variables in a model must not stand in non-causal necessary dependence relations, such as mathematical or conceptual relations, or relations described in terms of supervenience or grounding, (2) it presupposes more causal knowledge as primitive than is actually needed to create adequate causal models, and (3) if models are only required to be causally sufficient, they cannot deal with cases where variables are probabilistically related by accident, such as Sober’s example of the relationship between bread prices in England and the sea level in Venice. I show that these problems can be avoided if causal models are required to be monotonic in the following sense: the causal relations occurring in a model M would not disappear if further variables were added to M. I give a definition of this monotonicity condition and conclude that causal models should be required to be monotonic rather than causally sufficient. (shrink)

The contribution of the body to cognition and control in natural and artificial agents is increasingly described as “off-loading computation from the brain to the body”, where the body is said to perform “morphological computation”. Our investigation of four characteristic cases of morphological computation in animals and robots shows that the ‘off-loading’ perspective is misleading. Actually, the contribution of body morphology to cognition and control is rarely computational, in any useful sense of the word. We thus distinguish (1) morphology that (...) facilitates control, (2) morphology that facilitates perception and the rare cases of (3) morphological computation proper, such as ‘reservoir computing.’ where the body is actually used for computation. This result contributes to the understanding of the relation between embodiment and computation: The question for robot design and cognitive science is not whether computation is offloaded to the body, but to what extent the body facilitates cognition and control – how it contributes to the overall ‘orchestration’ of intelligent behaviour. (shrink)

This article argues that through her songs and music videos Pagan Poetry, Cocoon and Hidden Place, versatile artist Björk is able to carve out a space for erotic tenderness. This erotic tenderness will be unearthed as a queer or minor sexuality, in the sense that it goes against a phallic and genital majoritarian account of sexuality. Tender sexuality might not be obviously queer, yet a detour through the early work of Freud will show how our hegemonic account of sexuality is (...) built upon a repression of such a tender sexuality. Freud’s psychoanalysis is only able to regard this sexual tenderness in a negative vein as a pathological symptom. Supported primarily by the works of Deleuze, Guattari and Muñoz, this article will propose that Björk’s artistry is able to produce a line of flight outside of this tender-less sexuality, liberating an otherwise repressed minor tender sexuality through a visually and sonically becoming-woman, becoming-child, becoming-BwO and becoming-molecular. (shrink)

The philosophical literature on personal relationships is focused on dyads: close relationships between just two people. This paper aims to characterise the value of looser and larger relational networks, particularly from the perspective of liberal political theory. We focus on relational networks' value vis-a-vis the important good of felt security. We begin by characterising felt security and analysing how felt security is produced within dyads. We highlight the ambivalent nature of dyadic relationships as a source of felt security. We then (...) theorise relational networks, explaining how they too can provide felt security. We explore three unappreciated benefits that arise when felt security is garnered from a network, rather than from a dyad. These benefits take liberal political theory as their starting point. We close by considering the implications - for both individual action and institutional design - of using relational networks as a source of felt security. (shrink)

In this paper, we focus on the moral responsibility of organized groups in light of historicism. Historicism is the view that any morally responsible agent must satisfy certain historical conditions, such as not having been manipulated. We set out four examples involving morally responsible organized groups that pose problems for existing accounts of historicism. We then pose a trilemma: one can reject group responsibility, reject historicism, or revise historicism. We pursue the third option. We formulate a Manipulation Condition and a (...) Guarding Condition as addendums to historicism that are necessary to accommodate our cases of group responsibility. (shrink)

The primary goal of this article is point out certain close parallels between some ideas of the radical feminist theorist Mary Daly and those of the French philosopher Henri Bergson. These similarities are particularly striking regarding distinctions made by both authors between two fundamentally contrasting types of cognitive faculty, of time and temporal experience, and of self and emotion. Daly departs from Bergson inasmuch as she employs these distinctions in her own way. She does not—like Bergson—employ them to depict the (...) result of a natural process of consciousness or life, and the dangers for human freedom and thought of not properly respecting these differences. Rather, she locates these differences within a more liberatory, ethical perspective to ground a sharp, inimical contrast between feminist creative movement on the one hand, and static, fixing, and “fixating” patriarchy, with its “technocratic” pretensions, on the other. My hope is that highlighting the similarities between Daly and Bergson will open new paths of appreciation and critique of Daly’s work. (shrink)

When an organisation does wrong, each of the members is part of the entity that authored that wrong—or so I shall assume. But it does not follow that each of the members has herself done wrong. Doing wrong, I will assume, results from the combination of two conditions: first, authoring (or being part of the entity that authored) a harm; and second, lacking an excuse for that (part-) authorship. To answer my title question, then, we have to know which members (...) of an organisation have excuses for their part-authorship of an organisation’s wrong. I will argue that members gain excuses for their part-authorship only by using their role in the organisation to signal their disavowal of the organisation’s wrongdoing. The answer to the title question, then, is “all those members who don’t use their role to signal their disavowal of the organisation’s wrongdoing.” In the final section, I apply my proposal to citizens of liberal democratic states. This supports the common-sense intuition that, when such states do wrong, wrong is done by those citizens who support or acquiesce in the wrongful policy. (shrink)

Realist theories of legislative intent can be divided between aggregative theories (on which legislative intent is what some proportion of legislators intend) and common intent theories (on which legislative intent is a unanimous intent among legislators). In this paper, we advance and defend an alternative realist conception of legislative intent: the Rational Unity Account. On this account, the legislature is an agent with a distinctive ‘rational point of view’—a concept we adopt from social ontology. The legislature’s rational point of view (...) is shaped by its procedures and structures, in ways not determined by either a common intention held by legislators or an aggregation of the intentions of legislators. We explain how our view improves on existing accounts. We then apply it to three cases to demonstrate its implications for legal interpretation. Importantly, on the proposed account, legislative intent can depart from what individual legislators think or know. (shrink)

The urgency of the problem of climate change calls upon us to investigate the climate duties of agents beyond the state. Individuals are the most salient candidate in this respect. In section I, I argue that the idea that individuals might have duties to reduce their emissions raises difficult issues about individual difference-making. The rest of the chapter, then, focuses on what I take to be the third most-salient duty-bearer: large for-profit corporations. These entities have largely been overlooked in philosophical (...) discussions of climate-related duties. In Section II, I consider two possible reasons for this neglect, and argue that neither are good reasons. In Section III, I give a positive case for weighty and demanding duties for corporations, to cut back their present and planned emissions and to offset their past emissions. In Section IV, I bring the discussion full circle: corporations’ duties always imply duties for corporations’ members, that is, for the individuals who constitute the corporation. Drawing on earlier work, I give an account of who corporations’ members are and how their duties are structured. In heavily-emitting corporations, members prominently include managers, shareholders, and rank-and-file employees. So a range of individuals are on the hook after all, because the corporations that they constitute bear duties. Additionally, even non-members may have duties to act upon corporations, from the outside, with a view to inducing corporate duty-fulfillment. (shrink)