Parallel moral luck problems exist in three different normative domains: criminal law, tort law, and conventional moral thinking. In all three, the normative status of an actor’s conduct seems to depend on matters beyond the actor’s control. Criminal law has historically imposed greater punishment on the murderer who kills his intended victim than on the identically behaved would-be murderer whose shot fortuitously misses. Tort law imposes liability on the negligent driver who injures someone, but no liability if, through good fortune, (...) the negligence injures no one. And, as BernardWilliams and Thomas Nagel have famously argued, conventional moral thinking often attributes greater blame to an actor for wrongful conduct if that conduct ripens into a terrible event than if it fortuitously causes no harm at all. This Article distinguishes two different dimensions of responsibility and then uses this distinction to explain the problem in all three areas. One dimension is called "fault-expressing responsibility": it is a matter of the degree to which one’s acts constitute conduct that can express one’s character or faultiness. A second dimension of responsibility is called "agency-linking responsibility." In this dimension, the degree to which a person is responsible for some event is dependent upon whether that event is an action of that person. Responsibility can differ in the agency-linking dimension even if it remains the same in the fault-expressing dimension. (shrink)

Lon Fuller’s classic The Morality of Law is an exploration of the basic principles of a legal system: the law should be publicly promulgated, prospective, clear, and general. So deep are these principles, he argued, that too great a deviation from them would not simply create a bad legal system and bad law, but would render the products of such a system undeserving of the name “law” at all. In this essay, I argue that Fuller’s basic principles are not in (...) fact desiderata for all of law, observing that much of private law plainly flouts them; it is unwritten, retroactive, inchoate, and often limited to particular cases. Far from undercutting its status as law or its legitimacy, these attributes have sometimes been regarded as giving the common law its special character as a kind of law. Fuller’s principles are fundamental only given a certain conception of how law functions, what gives lawmakers their authority, and what renders citizens vulnerable to the imposition of liability through the courts. This conception does not fit private law, which has a distinctive inner morality. Understanding the inner morality of private law tells us a great deal about the nature of private law and about the different ways in which morality can be part of law. (shrink)

This chapter contains section titled: Pushed by Problems in Law and Policy The Nature of the Criminal Law Jurisprudence and Legal Theory Moral and Political Philosophy Conclusion References.

With gratitude for our commentators’ thoughtful and generous engagement with Recognizing Wrongs, we offer in this reply a thumbnail summary of their comments and responses to some of their most important questions and criticisms. In the spirit of friendly amendment, Tom Dougherty and Johann Frick suggest that a more satisfactory version of our theory would cast tort actions as a means of enforcing wrongdoers’ moral duties of repair. We provide both legal and moral reasons for declining their invitation. Rebecca Stone (...) draws a particular link between civil recourse in private law theory and the right of self-defense as recognized in criminal law and moral theory. While we share Stone’s basic inclination, we argue for a different version of the link than the one that she draws. Veronica Rodriguez-Blanco provides a critique of our model of negligence law based on action theory. In response, we explain – in a way that we hope sheds light on debates over moral luck – how it is possible for the law to define negligence such that its commission depends simultaneously on the character of the defendant’s conduct and on the consequences that result from it. Though generally sympathetic to our approach, Stephen Smith faults us for failing satisfactorily to explain important remedial dimensions of tort law. Stubbornly, we insist that we can account for these, and indeed can do so on more satisfactory terms than corrective justice theorists. Finally, Erin Kelly challenges us to consider how our work might inform the analysis of two pressing issues of racial justice: overcriminalization and reparation payments. While we question whether our work to date has as much to offer on these matters as she suggests, we also maintain that the core principle of civil recourse theory – where there is a right there is a remedy – provides grounds for critiquing modern law’s failure to provide adequate accountability when police officers use excessive force against persons of color. (shrink)

The essence of the moral luck question is whether the responsibility of persons is determined only in light of actions that are within their control or also in light of factors, such as the consequences of their actions, which are beyond their control. Most people seem to have contrasting intuitions regarding this question. On the one hand, there is a common intuition that the responsibility of persons should be judged only in light of what is within their control. On the (...) other hand, there is a strong intuition that the consequences of actions sometimes affect the responsibility of agents even when these consequences depend on factors that are beyond their control. A parallel dilemma is present in the law. Legal rules, particularly criminal law rules and tort rules, often differentiate between agents in light of factors that are beyond their control, and in this sense involve legal luck. Of course, factors beyond the control of persons, including the consequences of their actions, can be significant, with respect to the evaluation of the responsibility of persons for instrumental or epistemic reasons. The question is thus only with respect to the independent significance of factors beyond the control of agents, and particularly the consequences of actions, to the evaluation of the (extent of the) responsibility of agents. Benjamin Zipursky offers an interesting argument in order to support the intuition in favor of moral and legal luck, particularly with regard to consequences, especially the rule according to which the punishment of completed offences is more severe than the punishment of attempts and the rule that tort liability applies only to actions that have caused harm. The aim of this Comment is to evaluate this argument. I will try to consider to what extent Zipursky's explanation merely reiterates the familiar intuition that the normative evaluation of the conduct of persons should be influenced by consequential luck, and to what extent it provides new insights that might appeal also to those who are more forcefully drawn to the contrasting intuition that we should judge people only in light of factors that are within their control. I argue that while Zipursky's suggestions might appeal to those who already share the intuition in favor of (consequential) moral and legal luck, they would not convince those who have doubts regarding moral and legal luck. (shrink)

In their brilliant and thought-provoking book Recognizing Wrongs, John Goldberg and Benjamin Zipursky offer a vindicatory interpretation of the law of torts. As part of this, they offer a justification for what they call the “principle of civil recourse.” This is the principle that “a person who enjoys a certain kind of legal right, and whose right has been violated by another, is entitled to enlist the state’s aid in enforcing that right, or to make demands in response (...) to its violation, as against the person who has violated it.” To defend the principle of civil recourse, Goldberg and Zipursky appeal to three values: equality, fairness, and individual sovereignty. In this essay, we make two critical points. First, we argue that Goldberg’s and Zipursky’s defense errs by omitting a justificatory appeal to our moral rights and duties as part of the normative foundation of the tort law. Second, we argue that Goldberg’s and Zipursky’s arguments do not explain certain institutional features of the tort law, including the fact that legal duties of redress emerge only at the conclusion of court cases and the fact that lawsuits are opted int.o by tort victims who must initiate these actions themselves. To retain what is philosophically valuable in Goldberg’s and Zipursky’s impressive defense of the principle of civil recourse, we conclude with a strategic suggestion on their behalf: they should split their defense of the principle of civil recourse into two parts, with the first part justifying the existence of some institution of civil recourse or other and the second part justifying specific details that this institution should have. (shrink)

In this article, I examine John Goldberg and Benjamin Zipursky’s argument, set out in Recognizing Wrongs, that the ‘principle of civil recourse’ explains much of tort law. Specifically, I assess their claim that tort remedies are instances of civil recourse. I argue that while this label fits a variety of damages awards, it does not fit two significant tort remedies: injunctions and damages for pecuniary losses.

The risk and crisis communication process in public health emergencies (PHERCC, public health emergency risk and crisis communication) matrix, as proposed by Spitale, Germani, and Biller-Andorno (2...

In Recognizing Wrongs, John C. P. Goldberg and Benjamin C. Zipursky develop and defend “civil recourse theory,” according to which torts are injurious wrongs that give rise to a claim of redress. My discussion extends beyond tort law to explore the ethics of reparations for historical injustice, in particular, regarding the case of Black Americans. I begin by relating the notion of wrongdoing that figures prominently in civil recourse theory to morality. Then I explore the idea that the (...) relevant sort of wrongdoing is relational and injurious, and how this claim applies to historical injustice. Finally, I take up the idea that a redress claim is one a victim is entitled but not obligated to make in order to think about whether the discretionary nature of tort action is empowering to persons who have been wrongfully injured. (shrink)

Views from one of the most original cultural critics of the twentieth century, Walter Benjamin.

Strict libertarianism, as one of us has defined it elsewhere, is “a radical political view which holds that individual liberty, understood as the absence of interference with a person’s body and rightfully acquired property, is a moral absolute or near-absolute, and that the only governmental activities consistent with that liberty are (if any) those necessary to protect individuals from aggression by others.” Strict libertarianism is a radicalized form of classical liberalism that is, characteristically, rationalistic, monistic, and (relatively) absolutist in its (...) approach to political principles. One advantage of bringing so many well-informed proponents and critics of libertarianism together in the same volume is that it makes clear the tremendous diversity of libertarian thought. Libertarians are a methodologically, normatively, and even politically diverse group. The chapter also provides an overview of the key concepts discussed in this book. (shrink)

It is widely accepted in science that the universe is a closed deterministic system in which everything can, ultimately, be explained by purely physical...

Waiting for Godot’s many commentators have emphasized the absurdity of hope in the play, but there has not been an account of how the play reprises hope’s historical transformation and weakening in modernity. This essay provides that account, arguing that Beckett’s Waiting for Godot sponsors a form of hope appropriate to the predicaments of modern societies. Godot stages the blockage of hope by reflecting the obsolescence and fragmentation of the religious and progressive legitimations for the concept that used to be (...) broadly convincing. Despite this blockage, however, Godot does not give in to nihilism. It, rather, models a form of responsible, self-aware hope appropriate to an historical situation where hope does not admit of rational justification. To develop this interpretation of the play and to defend its minimalist conception of hope, the essay draws on Theodor W. Adorno’s Negative Dialectics and aesthetics. (shrink)

This book presents a contextual study of the life and work of the Cambridge Platonist Ralph Cudworth (1617-1688). Focusing on the theological basis of Cudworth's ethical philosophy, this book unlocks the hitherto ignored political aspect to Cudworth's ethical philosophy. Through a detailed examination of Cudworth's published works - particularly his voluminous "True intellectual system of the Universe" -, his posthumously published writings, and his 'freewill' manuscripts Benjamin Carter argues that the ethical and political arguments in Cudworth's philosophy develop out (...) of Cudworth's Trinitarian theology. Carter traces the link between Cudworth's trinitarianism and his ethical and political ideas by placing Cudworth's work in the turbulent religious and intellectual context of seventeenth-century England, and the University of Cambridge in particular. (shrink)

It is widely accepted in science that the universe is a closed deterministic system in which everything can, ultimately, be explained by purely physical causation. And yet we all experience ourselves as having the freedom to choose between alternatives presented to us — ‘we’ are in the driving seat. The puzzling status of volition is explored in this issue by a distinguished body of scientists and philosophers.

The major findings by Libet et al. are briefly summarized. The criticisms and alternative proposals by Trevena and Miller, Pockett, and Gomes are analyzed and found to be largely unwarranted.

Current evolutionary and cognitive theories of religion posit that supernatural agent concepts emerge from cognitive systems such as theory of mind and social cognition. Some argue that these concepts evolved to maintain social order by minimizing antisocial behavior. If these theories are correct, then people should process information about supernatural agents’ socially strategic knowledge more quickly than non-strategic knowledge. Furthermore, agents’ knowledge of immoral and uncooperative social behaviors should be especially accessible to people. To examine these hypotheses, we measured response-times (...) to questions about the knowledge attributed to four different agents—God, Santa Claus, a fictional surveillance government, and omniscient but non-interfering aliens—that vary in their omniscience, moral concern, ability to punish, and how supernatural they are. As anticipated, participants respond more quickly to questions about agents’ socially strategic knowledge than non-strategic knowledge, but only when agents are able to punish. (shrink)

As the Hungarian Marxist Georg Lukács noted, class has both an objective and a subjective quality: workers are reified as alienated commodities while at the same time they perceive their interests as qualitatively different from those of the capitalist who purchases their labour-power. This essay will argue that one of the most complex theorisations of the material production of working-class subjectivity emerges from Richard Wright’s 12 Million Black Voices, a second-person collective narrative of the African-American Great Migration. Wright locates African-American (...) subjectivity in the contradiction of its formation, at once trapped in the neo-feudal relations of the Jim Crow South, and brutally thrust into the matrix of Northern racialised and ghettoised industrial production. This produces for Wright acute misery, but also a proletarian revision of Du Bois’s Hegelian concept of ‘double consciousness’, as Black workers have a unique insight into the totality of the capitalist world-system. (shrink)

Nicolas Philibert's 1997 documentary, La moindre des choses, depicts the daily lives of residents and staff at the private psychiatric clinic La Borde, and their production of Witold Gombrowicz's play Operetka. This paper will analyse the aesthetic and ethical implications of La Borde's production of Gombrowicz's play by mapping the documentary, text and production's collective expressions. The film's capacities to reconfigure audience subjectivities through a filmic and intensive entanglement will be explored at length by framing the documentary's cinematography in Félix (...) Guattari's theories of the ethico-aesthetic paradigm and minor cinema. (shrink)

Abstract The debate in the philosophy of perception between direct realists and representationalists should influence the debate in epistemology between internalists and externalists about justification. If direct realists are correct, there are more consciously accessible justifiers for internalists to exploit than externalists think. Internalists can retain their distinctive internalist identity while accepting this widened conception of internalistic justification: even if they welcome the possibility of cognitive access to external facts, their position is still quite distinct from the typical externalist position. (...) To demonstrate this, Alvin Goldman’s critique of internalism is shown to ignore important lessons from the case for direct realism about perception. In particular, it unjustifiably assumes that internalism entails that only facts simultaneous with the justification of a belief can justify the belief. Goldman’s definition of a “justifier” is also inconsistent with the overall guidance conception of epistemology he takes for granted in his critique of internalism. Content Type Journal Article Pages 1-26 DOI 10.1007/s12136-012-0146-4 Authors Benjamin Bayer, Department of Philosophy, Loyola University, New Orleans, 6363 St. Charles Avenue, Box 046, New Orleans, LA 70118, USA Journal Acta Analytica Online ISSN 1874-6349 Print ISSN 0353-5150. (shrink)

The ability of two or more cells to unite to form a new syncytial cell has been utilized in metazoans throughout evolution to form many complex organs, such as muscles, bones and placentae. This requires migration, recognition and adhesion between cells together with fusion of their plasma membranes and rearrangement of their cytoplasmic contents. Until recently, understanding of the mechanisms of cell fusion was restricted to fusion between enveloped viruses and their target cells. The identification of new factors that take (...) part in developmental cell fusion in C. elegans opens the way to understanding how cells fuse and what the functions of this process are. In this review, we describe current knowledge on the mechanisms and putative roles of developmental cell fusion in C. elegans and how cell fusion is regulated, together with other intercellular processes to promote organogenesis. BioEssays 25:672–682, 2003. © 2003 Wiley Periodicals, Inc. (shrink)

This paper examines the roles played by instruments and their associated practices in the development of the field of planetary geology. Specifically, remote sensing instruments and the images produced by instrument users are discussed. It is argued that through these instruments and images the first two generations of planetary geologists were able to 'domesticate' the planets and make them suitable for geological study. But this was not a straightforward process. The instruments themselves had to be 'domesticated' as geological tools, and (...) the definition of 'geologist' had to be broadened to include such tools and extraterrestrial terrains. This paper looks first at the first generation of planetary geologists associated with the mapping and study of the Moon in the 1960s and 70s, then focuses on the second generation that emerged during the exploration and mapping of Mars. Within this second section, the paper focuses on the introduction of one new type of instrument -- the orbiting infrared spectrometer, and examines three such instruments and the visual claims made with its images. (shrink)

As genealogy has gained greater disciplinary recognition over the last two decades, it has become increasingly common to call any historically oriented philosophy, such as Theodor W. Adorno’s, “genealogy.” In this article, I show that Adorno’s philosophy performs genealogy’s defining functions of “problematization” and “possibilization.” Moreover, it does so in unique ways that constitute a significant contribution to genealogical practice. Adorno’s method, here called “tragic genealogy,” is particularly well-suited to the genealogical analysis of traditional philosophical problems and to the critical (...) reanimation of declining, but ethically significant, values. Nevertheless, I also argue that Adorno’s philosophy cannot be assimilated into genealogical practice without rejecting or revising some of its Hegelian influences, particularly its philosophy of history and its modal metaphysics. (shrink)

Offers a sustained meditation on the role of interruption in modernity. This book departs from and elaborates an important but overlooked dimension of Walter Benjamin's discourse: the question of style as it bears upon temporality and spatiality. This work suggests that the time has come to revise existing paradigms.

Marshall and colleagues (2024) offer a framework for emergency physicians (EPs) tasked with caring for “resuscitated opioid users”—or patients who have recently overdosed on opioids. This framework...

Aristotle’s account of voluntariness (to hekousion) lacks a sufficiently precise positive definition of ‘voluntary’. This is a problem: in Aristotle’s ethics, voluntariness is an important and unifying joint between psychological (character) and practical matters (action). I contend that Aristotle implicitly defines voluntariness as positive causal relation to an agent’s desire, where one’s character is the state of one’s faculty of desire. Since desires always have particular ends (final causes), a voluntary action is one which originates in the agent’s desire for (...) that action’s end. Using this interpretation, I answer questions about ‘mixed’ actions, culpable ignorance, and non-voluntariness. Without this interpretation, these questions cannot be systematically answered. (shrink)

In addition to beliefs, people have attitudes of confidence called credences. Combinations of credences, like combinations of beliefs, can be inconsistent. It is common to use tools from probability theory to understand the normative relationships between a person’s credences. More precisely, it is common to think that something is a consistency norm on a person’s credal state if and only if it is a simple transformation of a truth of probability. Though it is common to challenge the right-to-left direction of (...) this biconditional, I argue in this paper that the left-to-right direction is false for standard versions of probability theory. That is, I make the case that there are consistency constraints on credal states that are not simple transformations of truths of standard versions of probability theory. I do so by drawing on a newly discovered type of credal attitude, a quantificational credence, and by showing how the consistency norms on this attitude can’t be represented as simple transformations of truths of standard versions of probability theory. I conclude by showing that a probability theory that could avoid the result would have to be strikingly different from the standard versions—so different that I suspect many would hesitate to call it a theory of probability at all. (shrink)