The final volume of Feinberg's four-volume work, The Moral Limits of Criminal Law examines the philosophical basis for the criminalization of so-called "victimless crimes" such as ticket scalping, blackmail, consented-to exploitation of others, commercial fortune telling, and consensual sexual relations.

The final volume of Feinberg's four-volume work, The Moral Limits of Criminal Law examines the philosophical basis for the criminalization of so-called "victimless crimes" such as ticket scalping, blackmail, consented-to exploitation of others, commercial fortune telling, and consensual sexual relations.

In Born Free and Equal: A Philosophical Inquiry into the Nature of Discrimination, Kasper Lippert-Rasmussen defends the harm-based account of the wrongness of discrimination, which explains the wrongness of discrimination with reference to the harmfulness of discriminatory acts. Against this view, we offer two objections. The conditions objection states that the harm-based account implausibly fails to recognize that harmless discrimination can be wrong. The explanation objection states that the harm-based account fails adequately to identify all of the wrong-making properties (...) of discriminatory acts. We argue that the structure of a satisfactory view cannot be outcome-focused. A more promising family of views focuses on the deliberation of the discriminator and in particular on the reasons that motivate or fail to motivate her action. (shrink)

As one of the most influential thinkers in Christian history, St. Augustine (354–430) had a flair for teaching and meditated deeply on the mysteries of the human heart. This study examines a little-known side of his career: his work as a teacher of candidates for baptism. ln the revised edition of this seminal book, both the text and notes have been revised to better reflect the state of contemporary scholarship on Augustine, liturgical studies, and the catechumenate, both ancient and modern. (...) This edition also includes new findings from some of the recently discovered sermons of Augustine and incorporates new perspectives from recent research on early Christian biblical interpretation, debates on the Trinity, the evolution of the liturgy, and much more. This reconstruction of Augustine’s catechumenate provides fresh perspectives on the day-to-day life of the early church and on the vibrancy and eloquence of Augustine the preacher and teacher. (shrink)

On June 24th, 407, Augustine was in Carthage and was asked by his friend Aurelius to preach that day, the feast of the birth of John the Baptist. Drawing on the Gospel reading, he contrasted John as “Voice” with Christ as “Word” and meditated at length on the nature of speech, preaching, and conversion (Sermo 293A =Dolbeau 3). I draw on the sermons discovered by François Dolbeau to explore what they say about Augustine’s catechumenate and about him as a teacher (...) of catechumens. This supplements my book, Augustine and the Catechumenate, published before the Dolbeau sermons became fully available. (shrink)

When and why do socially constructed norms—including the laws of the land, norms of etiquette, and informal customs—generate moral obligations? I argue that the answer lies in the duty to respect others, specifically to give them what I call “agency respect.” This is the kind of respect that people are owed in light of how they exercise their agency. My central thesis is this: To the extent that (i) existing norms are underpinned by people’s commitments as agents and (ii) they (...) do not conflict with morality, they place moral demands on us on agency-respect grounds. This view of the moral force of socially constructed norms, I suggest, is superior to views that deny the moral force of such norms, and it elegantly explains certain instances of wrongdoing that would otherwise remain unaccounted for. (shrink)

This paper discusses the handicapped child case and some other variants of Derek Parfit's non-identityproblem (Parfit, 1984) The case is widely held to show that there is harmless wrongdoing, and that amoral system which tries to reduce wrongdoing directly to harm (``person-affecting morality'')is inadequate.I show that the argument for this does not depend (as some have implied it does) on Kripkean necessity of origin. I distinguish the case from other variants (``wrongful life cases'') of the non-identityproblem which (...) do not bear directly on person-affecting morality as I understand it. And finally, I describe a respect in which the handicapped child case is puzzling and counter-intuitive, even on the supposition that it is a case of harmless wrongdoing. I conclude that the case is ``hard'': it will take more than the rejection of person-affecting morality to remove its puzzling character. (shrink)

This article examines John Stuart Mill's position as the principal historical opponent of legal moralism. I argue that inattention to the particular form of his opposition to legal moralism has muddied the interpretation of his liberty principle. Specifically, Mill does not endorse what I call the illegitimacy thesis, according to which appeals to harmless wrongdoings, whether or not they exist, are illegitimate in the justification of legal interference.

I cannot fully respond here to all of the subtle and sophisticated criticisms of my full-blooded Epicureanism that have been advanced by Frederik Kaufman, Stephan Blatti, TM Wilkinson and Walter Glannon.1–4 Accordingly, I will focus on correcting some misunderstandings of my position and on responding to some of the most pressing objections.Kaufman holds that the implications of my full-blooded Epicureanism are ‘startling,’ since if I am right “killing or being killed in war will be morally inconsequential, saving people from death (...) will be without merit, and execution could not count as punishment”.1 Second, he criticises my distinction between something being a harm to a person , and something being a harm for a person . Kaufman holds that this distinction does little work, and that it is question-begging to assert that only harms to a person are harms proper. Finally, Kaufman criticises my view that there might be instances of harmless wrongdoing, claiming that it is ‘a conceptual truth’ that ‘to be wronged entails being harmed’. …. (shrink)

The harm principle, understood as the normative requirement that conduct should be criminalized only if it is harmful, has difficulty in dealing with those core cases of criminal wrongdoing that can occur without causing any direct harm. Advocates of the harm principle typically find it implausible to hold that these core cases should not be crimes and so usually seek out some indirect harm that can justify criminalizing the seemingly harmless conduct. But this strategy justifies criminalization of a (...) wide range of conduct on the basis of the fear, worry, and anxiety it generates among those who are not the direct victims of the conduct, and thereby undermines the limiting role of the harm principle by permitting the very move it was meant to prevent: the criminalization of harmless conduct on the ground of others’ feelings about it. The best way to avoid this dilemma is to recognize that people have rights, operating independently of the harm principle, to be treated in certain ways just because they are persons. The existence of such rights provides a ground for both criminalizing conduct and limiting the scope of criminalization because these rights point both to conduct that people must be permitted to engage in and conduct that might well be criminalized. A complete account of criminal law will therefore require the harm principle to work together with an independent account of rights. (shrink)

Wrongdoing and the Moral Emotions provides an account of how we might effectively address wrongdoing given challenges to the legitimacy of anger and retribution that arise from ethical considerations and from concerns about free will. The issue is introduced in Chapter 1. Chapter 2 asks how we might conceive of blame without retribution, and proposes an account of blame as moral protest, whose function is to secure forward-looking goals such as the moral reform of the wrongdoer and reconciliation (...) in relationships. Chapter 3 considers whether it's possible to justify effectively dealing those who pose dangerous threats if they do not deserve to be harmed, and contends that wrongfully posing a threat is the core condition for the legitimacy of defensive harming. Chapter 4 provides an account of how to treat criminals without a retributive justification for punishment, and argues for an account in which the right of self-defense provides justification for measures such as preventative detention. Chapter 5 considers how we might forgive if wrongdoers don't basically deserve the pain of being resented, which forgiveness would then renounce, and proposes that forgiveness be conceived instead as renunciation of the stance of moral protest. Chapter 6 considers how personal relationships might function without retributive anger having a role in responding to wrongdoing, and contends that the stance of moral protest, supplemented with non-retributive emotions, is sufficient. Chapter 7 surveys the options for theistic and atheistic attitudes regarding the fate of humanity in a deterministic universe, and defends an impartial hope for humanity. (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)

In a co-authored piece with Adam Slavny, I argued that any promising account of the wrongness of discrimination must focus not only on the harmful outcomes of discriminatory acts but also on the deliberation of the discriminator and in particular on the reasons that motivate or fail to motivate her action. In this brief paper, I defend this conclusion against an objection that has recently been pressed against our view by Richard Arneson. This task is important not only because Arneson’s (...) objection is an intriguing one, but also -- and more importantly -- because my response sheds further light on the content and structure of an attractive theory of wrongful discrimination, as well as on more fundamental ideas in moral philosophy. (shrink)

Organizations are increasingly embedded with consultants and other non-employees who have the opportunity to engage in wrongdoing. However, research exploring the reporting intentions of employees regarding the discovery of wrongdoing by consultants is scant. It is important to examine reporting intentions in this setting given the enhanced presence of consultants in organizations and the fact that wrongdoing by consultants changes a key characteristic of the wrongdoing. Using an experimental approach, the current paper reports the results of (...) a study examining employees' reporting intentions subsequent to their discovery of wrongdoing by a consultant. The results of the study indicate that perceptions about the seriousness of a wrongdoing, personal costs and personal responsibility related to reporting a wrongdoing, and moral-equity judgments are significantly associated with reporting intentions for a normal reporting channel. Only perceptions of seriousness and personal costs are significantly associated for an anonymous reporting channel. Lastly, while personal costs for the anonymous reporting channel were lower than the normal reporting channel, reporting intentions were similar across the two channels. (shrink)

Sometimes you risk contributing to a wrongdoing occurring in ways that are themselves wrong. Some would however say that you have not done anything wrong, just so long as you retain control over whether or not the wrongdoing occurs. There may be good pragmatic reasons for legal codes to be written in that way, but morally there are no good principled reasons for – and strong ones against – endorsing that view.

This is a public philosophy piece that explores some questions around heroes, trauma, and wrongdoing.

In this paper it is argued that we can have defensible attributions of responsibility without first answering the question whether determinism and free will are compatible. The key to such a defense is a focus on the fact that most actions for which we hold one another responsible are quite ordinary—trespassing traffic regulations, tardiness, or breaking a promise. As we will show, unlike actions that problematize our moral competence — e.g. akratic and ‘moral monster’- like ones—ordinary ‘wrong’ actions often disclose (...) this competence. Hence, no counterfactual assumption is needed to establish that some of us are sometimes responsible for some of the actions we perform. (shrink)

Should we only believe what science can prove? Robert Almeder analyzes "naturalized epistemology," which holds that the only valid claims that can be made about the world must be proven by the natural sciences and that all philosophical questions are ultimately answered by science. The author examines and refutes different forms of naturalized epistemology before settling on "harmless naturalism," a compromise which implies that certain questions about the world are answerable and have been answered, without appealing to science. (publisher).

Epistemic circularity is a problem of arguments purporting to establish the reliability of our different sources of belief‐acquisition. For example:(TRA)At t1, S formed the perceptual belief that p, and p.At t2, S formed the perceptual belief that q, and q.At t3, …Therefore, sense perception is reliable source of beliefs.The problem is that any arguer putting forth this argument is ompelled to rely on the thing to be proven in establishing the second conjuncts of each premise. But relying on the thing (...) to be proven is begging the question; therefore, the argument is fallacious. This has been argued to have serious skeptical implications: if there is no other way to establish the conclusion, we have no way of showing the reliability of, e.g., sense perception. Different authors have tried to resist this result. Frederick F. Schmitt (2004) argues that sense perception skepticism only follows from epistemic circularity if certain questionable assumptions are granted. He also argues that epistemic circularity is a specific type of circularity that is not vicious in the way logically circular arguments are. I argue thatSchmitt’s dismissal of the discussed assumptions is questionable and that the argument (TRA) is viciously circular under very minimal assumptions about inferential justification. Therefore, Schmitt fails to dissolve the problematic nature of (TRA). (shrink)

This is a review essay of Christopher Kutz's Complicity: Ethics and Law for a Collective Age, and Jonathan Bass's Stay The Hand of Vengeance: The Politics of War Crimes Tribunals. Topics addressed include the nature of collective intentions and actions, the possibility of collective guilt, the moral responsibility of individuals in the context of collective actions.

Journal of Political Philosophy, EarlyView.

Discrimination is often tremendously harmful. But cases of harmless yet morally wrongful discrimination suggest that there are factors that make discrimination wrong other than its harmfulness. This article analyzes three views that resist this conclusion and poses some challenges for each. The first view appeals to unnoticed forms of harm in cases of harmless discrimination. But it counterintuitively entails that discriminatory acts are morally wrong by definition. The second view holds that harmless discrimination is made wrong by (...) how its perpetrator wrongs the victim by disrespecting her moral status without setting back her wellbeing. But it is unclear how impermissibly wronging a person is different from unjustifiably harming her. The third view holds that, even if discriminatory acts can be made wrong by factors other than harm, they ought to be prohibited by a legal rule whose sole justification is that it prevents harm. But there may be reasons for legally prohibiting discriminatory acts other than harm prevention. (shrink)

How does a self-described “simple teacher of religion” at the College of the Holy Cross get involved in bioethics? Nothing in my training or experience had prepared me for involvement in medicine. Much like that of my moral theology professor and then mentor, Richard McCormick, my training was in moral theology and social ethics. I also had an abiding interest in the courts and constitutional law. That interest led to a doctoral dissertation at the University of Southern California's Program in (...) Social Ethics on “The Supreme Court's Understanding of Religion in Conscientious Objector Cases.” Interestingly, doctoral work in the late 1960s on the ethical dimension of war was the starting point for other ethicists such as Leroy Walters and James Childress who subsequently became early voices in bioethics. (shrink)

Journal of Political Philosophy, EarlyView.

Bracket out the wrong of committing a wrong, or conspiring or colluding or conniving with others in their committing one. Suppose you have done none of those things, and you find yourself merely benefiting from a wrong committed wholly by someone else. What, if anything, is wrong with that? What, if any, duties follow from it? If straightforward restitution were possible — if you could just ‘give back’ what you received as a result of the wrongdoing to its rightful (...) owner — then matters are morally more straightforward. But in real-world cases that is often impossible, and questions of ‘how much, from whom and to whom?’ become far more vexing. The beneficiary disgorging all benefits of the wrong is part of the story, but where that is not possible or will not suffice to compensate the victim of wrongdoing we discuss various ways of allocating the cost of making the victim whole, including supplementation from public coffers. (shrink)

Journal of Political Philosophy, EarlyView.

Journal of Political Philosophy, EarlyView.

Can existence benefit or harm a person? I argue that it cannot. In order for existence to harm a person it has to be the case that existence is worse for the person than never existing. This claim could only be true if it is understood as a claim about the actual, extrinsic value of existence for a person. However, understanding harm in terms of actual extrinsic value comes at the cost of depriving benefits and harms of their normative relevance. (...) I show that a person who is guided by promoting actual extrinsic value can face situations where an outcome is extrinsically better for her but where the same outcome would be extrinsically worse for her were it to obtain. A person who is guided by promoting extrinsic value will in such situations not be able to deliberate about what she should do, prudentially or morally. I conclude that extrinsic value is therefore not something we should be guided by when deliberating about what we should do, and that if harm and benefit is understood in terms of extrinsic value, then we should not be guided by these notions either. (shrink)

This paper aims at exploring the relationship between corporate wrongdoing and CEOs’careers. We hypothesize that the managerial labor market does not punish CEOs of companies involved with wrongdoing. The analysis of data on 16 companies charged by the SEC supports this hypothesis.