An examination of the idea of Unlimited Liability found in the Canadian Armed Forces’ (CAF) ethos as a reason for the acceptance of lethal risk tasking faced by members of the CAF. This paper argues that the idea of unlimited liability is at best unhelpful as a concept and needs to be replaced with the concept of ‘ultimate integrity.’ This new concept links directly to the CAF’s first ethical principle – respect the dignity of all persons. (...) This new concept also corresponds better with our beliefs about the nobility of military sacrifice. (shrink)

Over the past two decades, Ginsburg and Jablonka have developed a novel approach to studying the evolutionary origins of consciousness: the Unlimited Associative Learning framework. The central idea is that there is a distinctive type of learning that can serve as a transition marker for the evolutionary transition from non-conscious to conscious life. The goal of this paper is to stimulate discussion of the framework by providing a primer on its key claims and a clear statement of its main (...) empirical predictions. (shrink)

Jeff McMahan has argued against the moral equivalence of combatants (MEC) by developing a liability-based account of killing in warfare. On this account, a combatant is morally liable to be killed only if doing so is an effective means of reducing or eliminating an unjust threat to which that combatant is contributing. Since combatants fighting for a just cause generally do not contribute to unjust threats, they are not morally liable to be killed; thus MEC is mistaken. The problem, (...) however, is that many unjust combatants contribute very little to the war in which they participate—often no more than the typical civilian. Thus either the typical civilian is morally liable to be killed, or many unjust combatants are not morally liable to be killed. That is, the liability based account seems to force us to choose between a version of pacifism, and total war. Seth Lazar has called this “The Responsibility Dilemma”. But I will argue that we can salvage a liability-based account of war—one which rejects MEC—by grounding the moral liability of unjust combatants not only in their individual contributions but also in their complicit participation in that war. On this view, all enlistees, regardless of the degree to which they contribute to an unjust war, are complicitously liable to be killed if it is necessary to avert an unjust threat posed by their side. This collectivized liability based account I develop avoids the Responsibility Dilemma unlike individualized liability-based accounts of the sort developed by McMahan. (shrink)

We offer an original argument for the existence of universal fictions—that is, fictions within which every possible proposition is true. Specifically, we detail a trio of such fictions, along with an easy-to-follow recipe for generating more. After exploring several consequences and dismissing some objections, we conclude that fiction, unlike reality, is unlimited when it comes to truth.

A minimally responsible threatener is someone who bears some responsibility for imposing an objectively wrongful threat, but whose responsibility does not rise to the level of culpability. Minimally responsible threateners include those who knowingly commit a wrongful harm under duress, those who are epistemically justified but mistaken in their belief that a morally risky activity will not cause a wrongful harm, and those who commit a harm while suffering from a cognitive impairment which makes it prohibitively difficult to recognize and (...) act on what is morally required of them. The chapter argues that minimally responsible threateners can indeed be morally liable for the harms they impose. Put differently, culpability is not a necessary basis for liability. (shrink)

The theories of belief change developed within the AGM-tradition are not logics in the proper sense, but rather informal axiomatic theories of belief change. Instead of characterizing the models of belief and belief change in a formalized object language, the AGM-approach uses a natural language — ordinary mathematical English — to characterize the mathematical structures that are under study. Recently, however, various authors such as Johan van Benthem and Maarten de Rijke have suggested representing doxastic change within a formal logical (...) language: a dynamic modal logic. Inspired by these suggestions Krister Segerberg has developed a very general logical framework for reasoning about doxastic change: dynamic doxastic logic (DDL). This framework may be seen as an extension of standard Hintikka-style doxastic logic with dynamic operators representing various kinds of transformations of the agent's doxastic state. Basic DDL describes an agent that has opinions about the external world and an ability to change these opinions in the light of new information. Such an agent is non-introspective in the sense that he lacks opinions about his own belief states. Here we are going to discuss various possibilities for developing a dynamic doxastic logic for introspective agents: full DDL or DDL unlimited. The project of constructing such a logic is faced with difficulties due to the fact that the agent’s own doxastic state now becomes a part of the reality that he is trying to explore: when an introspective agent learns more about the world, then the reality he holds beliefs about undergoes a change. But then his introspective (higher-order) beliefs have to be adjusted accordingly. In the paper we shall consider various ways of solving this problem. (shrink)

The standard of proof applied in civil trials is the preponderance of evidence, often said to be met when a proposition is shown to be more than 50% likely to be true. A number of theorists have argued that this 50%+ standard is too weak – there are circumstances in which a court should find that the defendant is not liable, even though the evidence presented makes it more than 50% likely that the plaintiff’s claim is true. In this paper, (...) I will recapitulate the familiar arguments for this thesis, before defending a more radical one: The 50%+ standard is also too strong – there are circumstances in which a court should find that a defendant is liable, even though the evidence presented makes it less than 50% likely that the plaintiff’s claim is true. I will argue that the latter thesis follows naturally from the former once we accept that the parties in a civil trial are to be treated equally. I will conclude by sketching an alternative interpretation of the civil standard of proof. (shrink)

According to the dominant position in the just war tradition from Augustine to Anscombe and beyond, there is no "moral equality of combatants." That is, on the traditional view the combatants participating in a justified war may kill their enemy combatants participating in an unjustified war - but not vice versa (barring certain qualifications). I shall argue here, however, that in the large number of wars (and in practically all modern wars) where the combatants on the justified side violate the (...) rights of innocent people ("collateral damage"), these combatants are in fact liable to attack by the combatants on the unjustified side. I will support this view with a rights-based account of liability to attack and then defend it against a number of objections raised in particular by Jeff McMahan. The result is that the thesis of the moral equality of combatants holds good for a large range of armed conflicts while the opposing thesis is of very limited practical relevance. (shrink)

Emphasizing the human body in all of its forms, Beauty Unlimited expands the boundaries of what is meant by beauty both geographically and aesthetically. Peg Zeglin Brand and an international group of contributors interrogate the body and the meaning of physical beauty in this multidisciplinary volume. This striking and provocative book explores the history of bodily beautification; the physicality of socially or culturally determined choices of beautification; the interplay of gender, race, class, age, sexuality, and ethnicity within and on (...) the body; and the aesthetic meaning of the concept of beauty in an increasingly globalized world. Foreward by Carolyn Korsmeyer. Authors include Noel Carroll, Gregory Velazco Y Trianosky, Monique Roelofs, Whitney Davis, Eleanor Heartney, Diana Tietjens Meyers, Phoebe M. Farris, Mary Devereaux, Jo Ellen Jacobs, Karina L. Cespedes-Cortes and Paul C. Taylor, Fedwa Malti-Douglas, Stephen Davies, Jane Duran, Valerie Sullivan Fuchs, Keith Lehrer, Allen Douglas, Cynthia Freeland, Eva Kit Wah Man, Mary Bittner Wiseman, and Peg Brand's essay, "ORLAN Revisited: Disembodied Virtual Hybrid Beauty.". (shrink)

Mobsters and others engaged in risky forms of social coordination and coercion often communicate by saying something that is overtly innocuous but transmits another message ‘off record’. In both ordinary conversation and political discourse, insinuation and other forms of indirection, like joking, offer significant protection from liability. However, they do not confer blanket immunity: speakers can be held to account for an ‘off record’ message, if the only reasonable interpreta- tions of their utterance involve a commitment to it. Legal (...) liability for speech in the service of criminal behavior displays a similar profile of significant protection from indirection along with potential liability for reasonable interpretations. Specifically, in both ordinary and legal contexts, liability depends on how a reasonable speaker would expect a reasonable hearer to interpret their utterance in the context of utter- ance, rather than on the actual speaker’s claimed communicative intentions. (shrink)

The paper considers the proper method for theorizing about criminal jurisdiction. It challenges a received understanding of how to substantiate the right to punish, and articulates an alternative account of how that theoretical task is properly conducted. The received view says that a special relationship is the ground of a tribunal’s authority to prosecute and, hence, that a normative theory of that authority is faced with identifying a distinctive relation. The alternative account locates prosecutorial standing on an institution’s capacity to (...) address the basic reasons generating criminal liability. This reframes the normative issues at stake, and has the result that various, perhaps quite heterogeneous, considerations can substantiate penal authority. It also eliminates the existence of a special relation as a necessary condition for legitimate criminal accountability. The argument proceeds by offering an analysis and account of universal jurisdiction. Not only does the alternative elegantly perform where the received view struggles, it can accommodate much of what motivates the pursuit of relational ties in existing efforts to vindicate jurisdictional conclusions. (shrink)

McMahan argues that justification defeats liability to defensive attack (which would undermine the thesis of the "moral equality of combatants"). In response, I argue, first, that McMahan’s attempt to burden the contrary claim with counter-intuitive implications fails; second, that McMahan’s own position implies that the innocent civilians do not have a right of self-defense against justified attackers, which neither coheres with his description of the case (the justified bombers infringe the rights of the civilians) nor with his views about (...) rights forfeiture, is unsupported by independent argument, and, in any case, extremely implausible and counter-intuitive; and third, that his interpretation of the insulin case confuses the normative relations between an agent’s justification and non-liability on the one hand and permissible or impermissible interference with the agent’s act on the other. Similar confusions, fourth, affect his discussion of liability to compensation. (shrink)

Those of us who are not pacifists face an obvious challenge. Common-sense morality contains a stringent constraint on intentional killing, yet war involves homicide on a grand scale. If wars are to be morally justified, it needs be shown how this conflict can be reconciled. A major fault line running throughout the contemporary just war literature divides two approaches to attempting this reconciliation. On a ‘reductivist’ view, defended most prominently by Jeff McMahan, the conflict is largely illusory, since such killing (...) can be justified by aggregating individuals’ ordinary permissions to use force in self- and other-defence. In opposition, a rival ‘nonreductivist’ approach holds that these considerations are insufficient for the task. One prominent version of non-reductivism grounds the permission to kill in combatants’ membership in certain kinds of group or association. The key claim is that participation in certain morally important relationships can provide an independent source of permission for killing in war. This paper argues that non-reductivism should be rejected. It does so by pushing a dilemma onto non-reductivists: if they are successful in showing that the relevant relationships can generate permissions to kill in war, they must also jettison the most intuitive restrictions on conduct in war—the constraint on intentionally killing morally innocent non-combatants most saliently. Since this conclusion is unacceptable, non-reductivism should be rejected. (shrink)

David McCarthy has recently suggested that our compensation and liability practices may be interpreted as reflecting a fundamental norm to hold people liable for imposing risk of harm on others. Independently, closely related ideas have been criticised by Stephen R. Perry and Arthur Ripstein as incompatible with central features of negligence law. We aim to show that these objections are unsuccessful against McCarthy’s Risk–liability theory, and that such an approach is a promising means both for understanding the moral (...) basis of liability for negligence and for reasoning about possible reforms of the institution of negligence law. (shrink)

Like David Silver before them, Erik Baldwin and Michael Thune argue that the facts of religious pluralism present an insurmountable challenge to the rationality of basic exclusive religious belief as construed by Reformed Epistemology. I will show that their argument is unsuccessful. First, their claim that the facts of religious pluralism make it necessary for the religious exclusivist to support her exclusive beliefs with significant reasons is one that the reformed epistemologist has the resources to reject. Secondly, they fail to (...) demonstrate that it is impossible for basic religious beliefs to return to their properly basic state after defeaters against them have been defeated. Finally, I consider whether there is perhaps a similar but better argument in the neighbourhood and conclude in the negative. Reformed Epistemology's defence of exclusivism thus remains undefeated. (shrink)

In her inventive and tightly argued book Defensive Killing, Helen Frowe defends the view that bystanders—those who do not pose threats to others—cannot be liable to being harmed in self-defence or in defence of others. On her account, harming bystanders always infringes their rights against being harmed, since they have not acted in any way to forfeit them. According to Frowe, harming bystanders can be justified only when it constitutes a lesser evil. In this brief essay, I make the case (...) that some bystanders can indeed be liable to harm. They can be liable, I will argue, because they can be morally responsible for threats of harm, and in becoming responsible they can forfeit their rights. While bystanders cannot be responsible for initiating threats, they can become responsible for the persistence of threats, and for culpably failing to prevent them from being initiated in the first place. (shrink)

While theories of animal rights maintain that nonhuman animals possess prima facie rights, such as the right to life, the dominant philosophies of animal rights permit the killing of nonhuman animals for reasons of self-defense. I argue that the animal rights discourse on defensive killing is problematic because it seems to entail that any nonhuman animal who poses a threat to human beings can be justifiably harmed without question. To avoid this human-privileged conclusion, I argue that the animal rights position (...) needs to both (1) deploy a new criterion of liability to defensive harm, and (2) seriously consider whether human beings themselves are liable to defensive harm in human-animal conflicts. By shifting the focus to whether humans are liable to defensive harm, we will find that in many situations of human-animal conflict, human beings are actually the ones liable to be harmed because they are often culpable or, to some degree, morally responsible for posing an unjust threat to nonhuman animals. (shrink)

An influential view in the ethics of self-defence is that causal responsibility for an unjust threat is a necessary requirement for liability to defensive harm. In this article, I argue against this view by providing intuitive counterexamples and by revealing weaknesses in the arguments offered in its favour. In response, adherents of the causal view have advanced the idea that although causally inefficacious agents are not liable to defensive harm, the fact that they may deserve harm can justify harming (...) them in the course of defending oneself. I argue that this strategy is ad hoc and leads to more problems than it solves. Once we allow normative facts outside our account of liability to affect a person's moral protection against harm, the lieability verdicts cannot tell us whether there is a relevant moral asymmetry between the victim and the target of defence. In conclusion, the causal view is wrong and causal responsibility for an unjust threat is not a necessary requirement for liability to defensive harm. (shrink)

I distinguish between a metaphysical and a logical reading of Generality Relativism. While the former denies the existence of an absolutely general domain, the latter denies the availability of such a domain. In this paper I argue for the logical thesis but remain neutral in what concerns metaphysics. To motivate Generality Relativism I defend a principle according to which a collection can always be understood as a set-like collection. I then consider a modal version of Generality Relativism and sketch how (...) this version avoids certain revenge problems. (shrink)

This paper considers whether victims can justify what appears to be unnecessary defensive harming by reference to an honour-based justification. I argue that such an account faces serious problems: the honour-based justification cannot permit, first, defensive harming, and second, substantial unnecessary harming. Finally, I suggest that, if the purpose of the honour based justification is expressive, an argument must be given to demonstrate why harming threateners, as opposed to opting for a non-harmful alternative, is the most effective means of affirming (...) one’s honour. Along the way, I also suggest why I think that internalism about the constraints on defensive harming (the view that the satisfaction of the necessity constraint is a necessity condition of a threatener’s liability) is correct. Most importantly, externalism implies that threateners can be liable to suffer gratuitous harm. I take this to be an unattractive consequence of the view. (shrink)

Studying Plato's "unwritten doctrines" in the light of his discussion of limit and unlimited in his dialogue Philebus. The essay raises also the question whether there is too much "atomism" in the usual presentation of Plato's Forms as individual absolute entities, rather than as themselves derived from a more fundamental limit/unlimited ontology.

Joanna Mary Firth and Jonathan Quong argue that both an instrumental account of liability to defensive harm, according to which an aggressor can only be liable to defensive harms that are necessary to avert the threat he poses, and a purely noninstrumental account which completely jettisons the necessity condition, lead to very counterintuitive implications. To remedy this situation, they offer a “pluralist” account and base it on a distinction between “agency rights” and a “humanitarian right.” I argue, first, that (...) this distinction is spurious; second, that the conclusions they draw from this distinction do not cohere with its premises; third, that even if one granted the distinction, Firth’s and Quong’s implicit premise that you can forfeit your agency rights but not your “humanitarian right” is unwarranted; fourth, that their attempt to mitigate the counterintuitive implications of their own account in the Rape case relies on mistaken ad-hoc assumptions; fifth, that even if they were successful in somewhat mitigating said counterintuitive implications, they would still not be able to entirely avoid them; and sixth, that even in the unlikely case that none of these previous five critical points are correct, Firth and Quong still fail to establish that aggressors can be liable to unnecessary defensive harm since they fail to establish that unnecessary harm can ever be defensive in the first place. (shrink)

Most artists who are familiar with the contemporary art scene—especially the New York City scene—know that “beauty” is not especially hip. Unless, that is, it serves a “deeper” purpose, e.g., it helps to make a conceptual or political point. Danto’s influence, it would seem, pervades and persists (31). But, as Brand points out in her introduction, in the past twenty years or so, the philosophical study of beauty has been making a comeback; she lists over fifty titles that have been (...) written on the subject since the nineties. Brand’s book, Beauty Unlimited, promises to add to the feminist oeuvre on the subject. The book is comprised of twenty essays, with a foreword by Carolyn Korsmeyer and an introduction by Brand. Although the majority of the essays are interdisciplinary, they are primarily written by trained philosophers. Other essays are written by practicing artists and writers, historians, and cultural anthropologists. (shrink)

There is widely thought to be a proportionality constraint on harming others in self-defense, such that an act of defensive force can be impermissible because the harm it would inflict on an attacker is too great relative to the harm to the victim it would prevent. But little attention has been given to whether a corresponding constraint exists in the ethics of compensation, and, if so, what the nature of that constraint is. This article explores the issue of proportionality as (...) it applies to the liability to compensate. The view that some perpetrators are not liable to pay full compensation because doing so would be disproportionately burdensome is clarified and defended, and it is asked what view we should adopt instead. A key step in that inquiry is an argument that someone is liable to bear the cost of compensating for an injury if and only if she would have been liable to bear that same cost in defense against that same injury ex ante. (shrink)

The doctrine of vicarious liability provides that an employer is vicariously or indirectly liable for all delicts or violations of the law committed by his or her employees when they are acting in the course and within the scope of their employment at the time when a delict is committed. In simple terms it is law that imposes liability on employers for the wrong doings of their employees. Some of the reasons why it has been justifiable to have (...) this doctrine in the Law of delict, is because employers have greater financial stamina to offset any losses caused by employees and employees work under the instruction of the employer just but to mention a few. (shrink)

The advent of Generative AI, particularly through Large Language Models (LLMs) like ChatGPT and its successors, marks a paradigm shift in the AI landscape. Advanced LLMs exhibit multimodality, handling diverse data formats, thereby broadening their application scope. However, the complexity and emergent autonomy of these models introduce challenges in predictability and legal compliance. This paper analyses the legal and regulatory implications of Generative AI and LLMs in the European Union context, focusing on liability, privacy, intellectual property, and cybersecurity. It (...) examines the adequacy of the existing and proposed EU legislation, including the Artificial Intelligence Act (AIA), in addressing the challenges posed by Generative AI in general and LLMs in particular. The paper identifies potential gaps and shortcomings in the EU legislative framework and proposes recommendations to ensure the safe and compliant deployment of generative models. (shrink)

Even among those who find lethal defense against non-responsible threats, innocent aggressors, or justified aggressors justified even in one to one cases, there is a debate as to what the best explanation of this permissibility is. The contenders in this debate are the liability account, which holds that the non-responsible or justified human targets of the defensive measures are liable to attack, and the justified infringement account, which claims that the targets retain their right not to be attacked but (...) may be attacked anyway, even in one to one situations. Given that we normally think that rights are trumps, this latter claim is counter-intuitive and rather surprising, and therefore in need of justification and explanation. So far only Jonathan Quong has actually tried to provide an explanation; however, I will argue that his explanation fails and that Quong’s own account of liability is misguided. I then address Helen Frowe’s critique of the liability account. She makes the important concession that the tactical bomber has to compensate his victims, but she tries to block the conclusion that he must therefore be liable. I will demonstrate that her attempt to explain away liability fails once that concession is made. (shrink)

Theories of consciousness divide over whether perceptual consciousness is rich or sparse in specific representational content and whether it requires cognitive access. These two issues are often treated in tandem because of a shared assumption that the representational capacity of cognitive access is fairly limited. Recent research on working memory challenges this shared assumption. This paper argues that abandoning the assumption undermines post-cue-based “overflow” arguments, according to which perceptual conscious is rich and does not require cognitive access. Abandoning it also (...) dissociates the rich/sparse debate from the access question. The paper then explores attempts to reformulate overflow theses in ways that don’t require the assumption of limited capacity. Finally, it discusses the problem of relating seemingly non-probabilistic perceptual consciousness to the probabilistic representations posited by the models that challenge conceptions of cognitive access as capacity-limited. (shrink)

This article provides a brief introduction to some contemporary challenges found in the intersection of bioethics and international criminal law involving genetic privacy, organ trafficking, genetic engineering, and cloning. These challenges push us to re-evaluate the question of whether the international criminal law should hold corporations criminally liable. I argue that a minimalist and Strawsonian conception of corporate responsibility could be useful for deterring the wrongs outlined in first few sections and in answering compelling objections to corporate criminal liability.

Nelson et al.(2023) argue that the inclusion of personal experience in bioethical debates has significant benefits and liabilities, illustrating their claim with two examples: unproven medical treatments and disability bioethics. We believe that the benefits of including personal experience in disability bioethics far exceed its liabilities. The absence of participants with relevant experience impoverishes and biases bioethical debates, while the biases risked by their inclusion are hardly unique to personal experiences and are readily mitigated.

Accomplice liability makes someone guilty of a crime he never committed, so long as he helped or influenced the perpetrator and did so with the required mens rea. Just what that mens rea should be has been contested for more than a century. Here I consider three major approaches and find them all wanting. I propose rejecting their common (but rarely questioned) assumption that what matters is the helper’s mental state toward the perpetrator’s commission of an offense. I suggest (...) considering instead his stance toward the perpetrator’s intention to act: a helper is an accomplice, on this view, if he (a) intends to see to it that the principal form or keep his own plan to commit an offense and (b) does not intend or expect that plan’s frustration. This standard better justifies imposing accomplice liability. It more precisely picks out those helpers culpable for the perpetrator’s very offense. And this parity of guilt is the best—perhaps the only good—basis for imposing the same liability on accomplice and principal, in a system so retribution-driven as to choose to do so at all. (shrink)

The monograph highlights the results of research of theoretical, methodological and practical aspects of the formation of accounting information for the needs of management, regulatory regulation of the accounting system as an institutional factor in the organization and choice of forms of accounting of the enterprise, organization of accounting of assets, liabilities and results of agricultural enterprises. The problems of the methodology for organizing the accounting of individual objects and ways to solve them are revealed. The monograph is intended for (...) applicants of all levels of higher education, researchers, employees of agricultural enterprises, teachers who study the problems of organizing accounting. The materials of the monograph reflect the results of the research carried out in the framework of research work “Information resources for the formation of the mechanism of economic security of the enterprise for the purposes of management in a competitive environment” (state registration number 0119U100043). (shrink)

The study present how in the late 1930s-1940s a new, modern pension system was introduced in America without any theoretical basis, as a kind of arbitrary mix of existing pension systems, to replace the by then non-functioning “traditional pension system” in which working children maintained their ageing parents in exchange for having been raised. Later, in 1958, they found an ideology for the system, “solidarity between generations,” but this didn’t fit in with the system’s economic foundations, with the fact that (...) the modern, pay-as-you-go pension system distributes the profits of raising children amongst the older generation regardless of how much people have contributed to it. This made raising children unprofitable, which provided a strong incentive to avoid it, thus launching the ageing process. Moreover, the modern pension system, also as a result of ageing, is making increasingly large and uncovered promises to the retired generation. The system may be repaired by matching the asset side to the liabilities side, for example, by only promising a pension to those who have contributed to the system, and only to the extent of that contribution. Contribution payments are an obligation, the repayment of the cost of people’s upbringing, with relation to which no pension is automatically due. By doing so, the 3rd pillar of the modern pension system will also have been capitalized using a special kind of capital: human capital. (shrink)

The economy is based on the prevailing legal system; however, the economy could go into a tailspin if the laws lose their impartiality. A perfect worker creates infinite high value with limited cost, and the result is a perfect product, usually eternal knowledge. However, free access to their products discourages workers, causing a substantial deviation from optimal resource allocation, and thereby making the supply of perfect products seriously inadequate. This significantly hurts the interests of future society. To maximize the overall (...) interests of humankind, the best policy would be to produce perfect products expeditiously, which in turn requires correcting the value society places on perfect products to respect the interests of perfect workers and future generations. Future society should essentially buy licenses from perfect workers instead of lending money to modern society for consumption. Then, the one-way trade between the present and the future will greatly increase. New companies and services will emerge around perfect products, and long-term economic growth rates will increase significantly. (shrink)

Patient-funded trials are gaining traction as a means of accelerating clinical translation. However, such trials sidestep mechanisms that promote rigor, relevance, efficiency, and fairness. We recommend that funding bodies or research institutions establish mechanisms for merit review of patient-funded trials, and we offer some basic criteria for evaluating PFT protocols.

Recently there is a renewed academic interest in religion bringing it back on the global political agenda. Religion in the post modern global order is fast emerging as a new organizing principle in the face of multi-polarity, trans-nationality and sweeping pluralisation of peoples. Contrary to the secularist self believe, the modern has failed to take over the tradition including religion. Rather a logical opposite seems to be happening, questioning the very presumptions of the modernity project. The present paper is a (...) narrative on this creative tension in the religious modern and post modern. The paper is crafted into four sections. First section seeks to pin down the genesis of “religious” in the search for social order and consciousness beyond the material world. Second section deals with the unfolding of enlightenment project and its manifest consequence with the birth of secularism master theory. Third section delves deep into the immediate Indian religious lived experiences under foreign rule up to the sweeping spell of globalisation. Fourth and last part of the essay makes a case for universality of a multicultural world and religious secularism. (shrink)

This article argues that businesses are morally responsible for compensating the people harmed by their activities even if they were not negligent, i.e., the businesses took reasonable precautions. Critics of this position maintain that responsibility requires choice, and by taking precautions, businesses choose not to harm others. This article accepts their argument’s first premise but rejects the second premise. It contends that businesses often seek risky or innovative activities to increase profits, and the essence of innovative activities is that precautions (...) cannot sufficiently reduce their foreseeable harmful consequences. The correct understanding of businesses’ decision-making enables us to appreciate that businesses choose to undertake risky activities while knowing that they can harm others despite preventive measures. It follows that preventive measures should not serve as an excuse against liability for harm. (shrink)

US Senate is considering legislation designed to immunize small businesses from lawsuits brought by customers alleging to have been infected with COVID-19 while on the premises. The legislation seeks to subsidize reopening small businesses by reducing their vulnerability to liability. I argue that the legislation produces worse public health outcomes than existing liability regimes, obliterates claims to redress supported by corrective justice, and unfairly burdens victims by forcing them to become de facto insurers of their injurers. In the (...) US, where health insurance is inextricably linked with employment, and during the pandemic with the consequent loss of employment, the legislation is cruel in addition to being ineffective, unjust, unfair and inappropriate. Since I first uploaded this manuscript to Philpapers, Senate Republicans have in fact introduced specific legislation that is marginally different than the one I discuss in the manuscript. Instead of offering blanket immunity, the current Republican proposal offers a series of substantial barriers both to filing lawsuits and to securing a successful verdict at trial. I discuss these as an addendum to the main paper. In short, though the changes impact some features of my argument, they do not alter any of the conclusions. The current proposal produces worse public health outcomes than would existing tort regime; it leaves the vast majority of those with legitimate claims to repair in corrective justice without a remedy, when providing the opportunity to secure a remedy for wrongs is in large measure, the essential nature of tort liability. Worse still, it continues to render victims the de facto insurers of those who have wronged them; it imposes the burden of spreading risks on victims who are considerably less efficient risk spreaders than are businesses and hospitals; it constitutes an inappropriate response to the challenge it seeks to address, i.e. subsidizing various sectors of the economy by reducing their overall costs; and given the fact that in the US health insurance is too closely linked to employment, it shifts the costs of the pandemic to those who are most at risk of losing their health insurance, rendering the proposal cruel in addition to inefficient, unjust, unfair and inappropriate. For those interested, I am considering a short op-ed piece assessing the particular legislative proposal. If I follow through I will let the readership know where that can be found. (shrink)

We are living through an era of increased robotisation. Some authors have already begun to explore the impact of this robotisation on legal rules and practice. In doing so, many highlight potential liability gaps that might arise through robot misbehaviour. Although these gaps are interesting and socially significant, they do not exhaust the possible gaps that might be created by increased robotisation. In this article, I make the case for one of those alternative gaps: the retribution gap. This gap (...) arises from a mismatch between the human desire for retribution and the absence of appropriate subjects of retributive blame. I argue for the potential existence of this gap in an era of increased robotisation; suggest that it is much harder to plug this gap than it is to plug those thus far explored in the literature; and then highlight three important social implications of this gap. (shrink)

The moral importance of liability to harm has so far been ignored in the lively debate about what self-driving vehicles should be programmed to do when an accident is inevitable. But liability matters a great deal to just distribution of risk of harm. While morality sometimes requires simply minimizing relevant harms, this is not so when one party is liable to harm in virtue of voluntarily engaging in activity that foreseeably creates a risky situation, while having reasonable alternatives. (...) On plausible assumptions, merely choosing to use a self-driving vehicle typically gives rise to a degree of liability, so that such vehicles should be programmed to shift the risk from bystanders to users, other things being equal. Insofar vehicles cannot be programmed to take all the factors affecting liability into account, there is a pro tanto moral reason not to introduce them, or restrict their use. (shrink)

After a fatal police shooting in the United States, it is typical for city and police officials to view the family of the deceased through the lens of the law. If the family files a lawsuit, the city and police department consider it their legal right to defend themselves and to treat the plaintiffs as adversaries. However, reparations and the concept of “reparative justice” allow authorities to frame police killings in moral rather than legal terms. When a police officer kills (...) a person who was not liable to this outcome, officials should offer monetary reparations, an apology, and other redress measures to the victim’s family. To make this argument, the article presents a philosophical account of non-liability hailing from self-defense theory, centering the distinction between reasonableness and liability. Reparations provide a non-adversarial alternative to civil litigation after a non-liable person has been killed by a police officer. In cases where the officer nevertheless acted reasonably, “institutional agent-regret” rather than moral responsibility grounds the argument for reparations. Throughout the article, it is argued that there are distinct racial wrongs both when police kill a non-liable black person and when family members of a black victim are treated poorly by officials in the civil litigation process. (shrink)

Our aim in this essay is to critically examine Iris Young’s arguments in her important posthumously published book against what she calls the liability model for attributing responsibility, as well as the arguments that she marshals in support of what she calls the social connection model of political responsibility. We contend that her arguments against the liability model of conceiving responsibility are not convincing, and that her alternative to it is vulnerable to damaging objections.

Theories of self-defence tend to invest heavily in ‘liability justifications’: if the Attacker is liable to have defensive violence deployed against him by the Defender, then he will not be wronged by such violence, and selfdefence becomes, as a result, morally unproblematic. This paper contends that liability justifications are overrated. The deeper contribution to an explanation of why defensive permissions exist is made by the Defender’s non-liability. Drawing on both canonical cases of self-defence, featuring Culpable Attackers, and (...) more penumbral cases of self-defence, involving Non-Responsible Threats, a case is assembled for the ‘Non-Liability First Account’ of self-defence. (shrink)

Corporate social responsibility (CSR) has become a focal point for research aimed at extending business ethics to extra-corporate issues; and as a result many companies now seek to at least appear dedicated to one or another version of CSR. This has not affected the arms industry, however. For, this industry has not been discussed in CSR literature, perhaps because few CSR scholars have questioned this industry's privileged status as an instrument of national sovereignty. But major changes in the organization of (...) political communities call traditional views of sovereignty into question. With these considerations in mind I assess the U.S. arms industry on the basis of CSR requirements regarding the environment, social equity, profitability, and use of political power. I find that this industry fails to meet any of these four CSR requirements. Countering a claim that these failings should not be held against arms manufacturers because their products are crucial to national defense, I contend that many of these companies function not as dutiful agents of a nation-state but as politically powerful entities in their own right. So, I conclude, they should be held responsible for the foreseeable consequences that flow from use of their products. This responsibility should include civil liability and, in cases involving war crimes and violations of human rights, responsibility under international human rights standards. (shrink)

Complicity marks out a way that one person can be liable to sanctions for the wrongful conduct of another. After describing the concept and role of complicity in the law, I argue that much of the motivation for presenting complicity as a separate basis of criminal liability is misplaced; paradigmatic cases of complicity can be assimilated into standard causation-based accounts of criminal liability. But unlike others who make this sort of claim I argue that there is still room (...) for genuine complicity in the law and in morality. In defending this claim, I sketch an approach to complicity which grounds our liability for what others do not in our causal relation to their actions but in our “agency-relations” with others. In such cases, one agent can be liable for the wrongs of second agent to the extent that first authorizes the second to act at her behest. This approach fills the gap where standard causation-based accounts of complicity fail – especially in where several agents cooperatively contribute to an overdetermined harm. (shrink)

The doctrine of the moral equality of combatants holds that combatants on either side of a war have equal moral status, even if one side is fighting a just war while the other is not. This chapter examines arguments that have been offered for and against this doctrine, including the collectivist position famously articulated by Walzer and McMahan’s influential individualist critique. We also explore collectivist positions that have rejected the moral equality doctrine and arguments that some individualists have offered in (...) its favor. We defend a non-categorical version of the moral equality doctrine, according to which combatants on either side of a just war sometimes (but not always) have equal moral status. On our view, some degree of culpability is necessary for liability, and non-culpable combatants may therefore sometimes remain non-liable even when they fight for an unjust cause. (shrink)

McMahan’s own example of a symmetrical defense case, namely his tactical bomber example, opens the door wide open for soldiers to defend their fellow-citizens (on grounds of their special obligations towards them) even if as part of this defense they target non-liable soldiers. So the soldiers on both sides would be permitted to kill each other and, given how McMahan defines “justification,” they would also be justified in doing so and hence not be liable. Thus, we arrive, against McMahan’s intentions, (...) at a moral equality of combatants. In addition, his own account of liability cannot deal adequately with symmetrical defense cases in the first place. This undermines his presupposition that justification defeats liability, which is central to his defense of the moral inequality of combatants. I shall argue that McMahan’s attempts to counter these objections fail and that therefore his general claim of the moral inequality of combatants remains unpersuasive. (shrink)