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Distinctive duress

Philosophical Studies 177 (4):1007-1026 (2020)

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  1. Blaming Kids.Craig K. Agule - 2022 - In Matthew C. Altman (ed.), The Palgrave Handbook on the Philosophy of Punishment. Palgrave-Macmillan. pp. 681-702.
    We can enrich the explanation of how we should treat kid wrongdoers by recognizing that it matters who does the blaming and punishing. That we should think about who does the blaming and punishing is perhaps unsurprising, but it is nonetheless often underappreciated. Here, I offer two lessons about blame and punishment by thinking about who judges kids. First, the right account of moral and legal responsibility should allow that kids may rightly blame each other, and I argue that we (...)
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  • Conceptualizing Coercive Indoctrination in Moral and Legal Philosophy.Evan Tiffany - 2022 - Criminal Law and Philosophy 16 (1):153-179.
    This paper argues that there are compelling grounds for thinking that coercive indoctrination can defeat or mitigate moral culpability in virtue of being a form of non-culpable moral ignorance. That is, I defend a two-tier account such that what excuses an agent for a wrongful act is the agent’s ignorance regarding the moral quality of their act; and what excuses the defendant for their ignorance is that coercion or manipulation deprived the defendant of a fair opportunity to avoid that ignorance. (...)
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  • Impermissible yet Praiseworthy.Theron Pummer - 2021 - Ethics 131 (4):697-726.
    It is commonly held that unexcused impermissible acts are necessarily blameworthy, not praiseworthy. I argue that unexcused impermissible acts can not only be pro tanto praiseworthy, but overall praiseworthy—and even more so than permissible alternatives. For example, there are cases in which it is impermissible to at great cost to yourself rescue fewer rather than more strangers, yet overall praiseworthy, and more so than permissibly rescuing no one. I develop a general framework illuminating how praiseworthiness can so radically come apart (...)
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  • Minding Negligence.Craig K. Agule - 2022 - Criminal Law and Philosophy 16 (2):231-251.
    The counterfactual mental state of negligent criminal activity invites skepticism from those who see mental states as essential to responsibility. Here, I offer a revision of the mental state of criminal negligence, one where the mental state at issue is actual and not merely counterfactual. This revision dissolves the worry raised by the skeptic and helps to explain negligence’s comparatively reduced culpability.
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  • Moral Excuse to the Pacifist's Rescue.Blake Hereth - 2023 - Journal of Pacifism and Nonviolence:1-32.
    Pacifism is the view that necessarily, the nonconsensual harming of pro tanto rights-bearers is all-things-considered morally impermissible. Critics of pacifism frequently point to common moral intuitions about self-defenders and other-defenders as evidence that pacifism is false and that self- and other-defense are often morally justified. I call this the Justification View and defend its rival, the Excuse View. According to the latter, a robust view of moral excuse adequately explains the common moral intuitions invoked against pacifism and is compatible with (...)
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