When does neuroimaging constitute a sufficiently developed technology to be put into use in the work of determining whether or not a defendant is guilty of crime? This question constitutes the starting point of the present paper. First, it is suggested that an overall answer is provided by what is referred to as the “ideal comparative view.” Secondly, it is—on the ground of this view—argued that the answer as to whether neuroimaging technology should be applied presupposes penal theoretical considerations. Thirdly, (...) it is argued that the retributivist theory of punishment is not well-suited for delivering the sort of theoretical guidance that is required for assessing the desirability of using neuroimaging in the work of the criminal court. (shrink)

Traditionally, the management of technology has focused on the stages before or after development of technology. In this approach the technology itself is conceived as the result of a deterministic enterprise; a result that is to be either rejected or embraced. However, recent insights from Science and Technology Studies (STS) have shown that there is ample room to modulate technology during development. This requires technology managers and engineering ethicists to become more involved in the technological research rather than assessing it (...) from an outsider perspective. Instead of focusing on the question whether or not to authorize, approve, or adopt a certain technology or on the question of who is to blame for potential mistakes, the guiding question in this new approach is how research is to be carried out. (shrink)

Moral responsibility for outcomes in corporate settings can be ascribed either to the individual members, the corporation, or both. In the latter case, the relationship between individual and corporate responsibility has been approached as inversely proportional, such that an increase in individual responsibility leads to a corresponding decrease in corporate responsibility and vice versa. In this article, we develop a non-proportionate approach, where, under specific conditions, individual and corporate moral responsibilities interact dynamically, leading to a mutual enhancement of responsibility: the (...) more the corporation is responsible, the more the individuals become responsible and vice versa. We develop this mutually enhancing approach in terms of normative ascriptions of responsibility, while leaving aside empirical implications in terms of mutual awareness of responsibility between individuals and corporations. We explore conceptually the conditions and mechanisms that generate this mutual enhancement and also discuss the implications for research and practice. (shrink)

In the last decades increasing attention is paid to the topic of responsibility in technology development and engineering. The discussion of this topic is often guided by questions related to liability and blameworthiness. Recent discussions in engineering ethics call for a reconsideration of the traditional quest for responsibility. Rather than on alleged wrongdoing and blaming, the focus should shift to more socially responsible engineering, some authors argue. The present paper aims at exploring the different approaches to responsibility in order to (...) see which one is most appropriate to apply to engineering and technology development. Using the example of the development of a new sewage water treatment technology, the paper shows how different approaches for ascribing responsibilities have different implications for engineering practice in general, and R&D or technological design in particular. It was found that there was a tension between the demands that follow from these different approaches, most notably between efficacy and fairness. Although the consequentialist approach with its efficacy criterion turned out to be most powerful, it was also shown that the fairness of responsibility ascriptions should somehow be taken into account. It is proposed to look for alternative, more procedural ways to approach the fairness of responsibility ascriptions. (shrink)

This paper describes developments in punishment theory since the middle of the twentieth century. After the mid–1960s, what Stanley I. Benn called “preventive theories of punishment”—whether strictly utilitarian or more loosely consequentialist like his—entered a long and steep decline, beginning with the virtual disappearance of reform theory in the 1970s. Crowding out preventive theories were various alternatives generally (but, as I shall argue, misleadingly) categorized as “retributive”. These alternatives include both old theories (such as the education theory) resurrected after many (...) decades in philosophy’s graveyard and some new ones (such as the fairness theory). Only in the last decade or so have new vares o “consequentialism” appeared to dilute a debate among philosophers that had become almost entirely about “retributivism”. I shall describe this trend in more detail. The description will be less an update of my 1990 survey than a rethinking of it. The conclusion I draw from this rethinking is that we need to drop the utilitarian–retributivist (and nonconsequentialist–nonconsequentialist) distinction in favor of one sorting punishment theories according to whether they rely in part on empirical considerations (externalist theories) or instead rely (almost) entirely on conceptual relations (internalist theories). (shrink)

This paper examines the recent actions by the United States in Iraq in the light of just war principles, and sets forth a program for holding accountable those most responsible for war crimes in Iraq.

This article seeks to expose some of the implications of certain versions of pacifism for matters of criminal punishment, arguing that the plausibility of these versions of pacifism depend on the extent to which their implicit denials of certain central punishment-related concepts are themselves reasonable.

This article presents philosophical-ethical arguments concerning the extent to which NCAA inter-collegiate football is a public good and some implausible implications of the claim that it constitutes a public good and ought to be publicly subsidized as part of a component of U.S. higher education generally as is currently the case. Underlying this main argument is one concerning who or what should have the responsibility for subsidizing the necessary costs of the sport, including its associated healthcare and medical costs.

We provide a new wrinkle to the Argument from Unfair Advantage, a rather popular one in the ethics of doping in sports discussions. But we add a new argument that we believe places the moral burden on those who favor doping in sports. We also defend our position against some important concerns that might be raised against it. In the end, we argue that for the time being, doping in sports ought to be banned until it can be demonstrated that (...) our concerns can be satisfied. (shrink)

Deep learning AI systems have proven a wide capacity to take over human-related activities such as car driving, medical diagnosing, or elderly care, often displaying behaviour with unpredictable consequences, including negative ones. This has raised the question whether highly autonomous AI may qualify as morally responsible agents. In this article, we develop a set of four conditions that an entity needs to meet in order to be ascribed moral responsibility, by drawing on Aristotelian ethics and contemporary philosophical research. We encode (...) these conditions and generate a flowchart that we call the Moral Responsibility Test. This test can be used as a tool both to evaluate whether an entity is a morally responsible agent and to inform human moral decision-making over the influencing variables of the context of action. We apply the test to the case of Artificial Moral Advisors and conclude that this form of AI cannot qualify as morally responsible agents. We further discuss the implications for the use of AMAs as moral enhancement and show that using AMAs to offload human responsibility is inadequate. We argue instead that AMAs could morally enhance users if they are interpreted as enablers for moral knowledge of the contextual variables surrounding human moral decision-making, with the implication that such a use might actually enlarge human moral responsibility. (shrink)

This paper originally expands the orthodox conception of moral blameworthiness to account for blameworthiness for conduct and outcomes across normative domains, showcases the account’s power to explain epistemic blameworthiness for behavior and belief in particular, and highlights the account’s significance for theorizing about normativity and responsibility. Notably, the account challenges the prevailing polarization between deontic, axiological, and aretaic approaches to moral and epistemic normativity by suggesting that these so-called “competitors” serve as cooperators in explaining responsibility. The account also highlights the (...) way forgotten Socratic conceptions of epistemic normativity, which put forth epistemic duties to behave instead of more fashionable duties to believe, play a central role in explaining epistemic responsibility. By proposing this paradigm shift from belief-centered to behavior-centered theorizing about epistemic normativity and responsibility, the account reveals the doxastic freedom problem to be a pseudo-problem. The paper answers an objection to this approach to the problem raised by Neil Levy in this journal, an objection which has important implications for cases of culpable ignorance. The paper challenges the standard view of such cases that moral blameworthiness for ignorant conduct requires doxastic blameworthiness for ignorant belief. (shrink)

In Terrorism: A Philosophical Analysis,2 I analyzed philosophically and normatively the nature of terrorism in a way that does not beg the moral question against it. I also analyzed the conditions...

This article examines the nonhistoricist higher-order compatibilist theory of moral responsibility devised and defended by Harry G. Frankfurt. Intuitions about certain kinds of cases of moral responsibility cast significant doubt on the wide irrelevancy clause of the nonhistoricist feature of Frankfurt’s theory. It will be argued that, while the questions of the nature and ascription of moral responsibility must be separated in doing moral responsibility theory, the questions of whether or not and the extent to which an agent is morally (...) responsible for performing certain kinds of actions cannot be settled without also answering the question of the history of that agent’s attitudes, preferences, etc. which may have contributed to the agent’s performing such actions. Thus Frankfurt’s repeated claim that the history of an agent’s action is “irrelevant” to the question of that agent’s moral responsibility for it is rendered dubious, thereby rendering problematic the strongly nonhistoricist component of his theory. The methodological difference between my challenge to Frankfurt’s nonhistoricism and those of others is that, while others have challenged Frankfurt’s nonhistoriciams by way of thought experiments involving hyper-manipulation, mine presents a set of counter-examples to his nonhistoricism which emanate from morality and the law. Indeed, if my counter-example is plausible, then Frankfurt’s nonhistoricism cannot make good sense of some standard instances of racism. Furthermore, while many believe that racist hate crimes ought to be punished more heavily than crimes committed absent hate, the argument herein provides reasons for mitigating, rather than increasing, the responsibility and punishments of many such crimes. What matters in such cases is the extent to which the hatred accompanying said crimes has a history in the agent’s life, one which makes it significantly difficult for her to do other than what she did in committing the racist crime. (shrink)

We provide a new wrinkle to the Argument from Unfair Advantage, a rather popular one in the ethics of doping in sports discussions. But we add a new argument that we believe places the moral burden on those who favor doping in sports. We also defend our position against some important concerns that might be raised against it. In the end, we argue that for the time being, doping in sports ought to be banned until it can be demonstrated that (...) our concerns can be satisfied. (shrink)