In this paper, I assess critically the recent debate on corrective duties across moral and legal philosophy. Two prominent positions have emerged: the Kantian rights-based view (holding that what triggers corrections is a failure to respect others' right to freedom) and the so-called continuity view (correcting means attempting to do what one was supposed to do before). Neither position, I try to show, offers a satisfactory explanation of the ground (why correct?) and content (how to correct?) of corrective duties. In (...) the final section, I suggest that it is probably better to restrict the label “corrective duties” to duties generated by interpersonal wronging. (shrink)

According to a rights forfeiture theory of punishment, liability to punishment hinges upon the notion that criminals forfeit their rights against hard treatment. In this paper, I assume the success of rights forfeiture theory in establishing the permissibility of punishment but aim to develop the view by considering how forfeited rights might be reclaimed. Built into the very notion of proportionate punishment is the idea that forfeited rights can be recovered. The interesting question is whether punishment is the sole means (...) for reclaiming forfeited rights. I argue for a pluralistic theory of rights reclamation, according to which, there are multiple ways by which a wrongdoer can recapture her forfeited rights. In particular, I argue that offering remorseful compensation is a valid means by which a wrongdoer might partially, or fully, reclaim her right against punishment. (shrink)

Much attention has been paid to moral understanding as an individual achievement, when a single agent gains insight into distinctly moral matters. Crucially overlooked, I argue, is the phenomenon of shared moral understanding, when you and I understand moral matters together, in a way that can’t be reduced to each of us having moral understanding on our own. My argument pays close attention to two central moral practices: justifying our actions to others, and apologizing for wrongdoing. I argue that, whenever (...) I owe you a justification or an apology, I thereby owe it to you to aim at our coming to a shared moral understanding. My argument has two upshots. The first is a novel explanation of the importance of moral understanding in our lives, one that emphasizes the importance of understanding moral reasons together. The second is a better understanding of the very obligations involved in two of our most central interpersonal moral practices. (shrink)

I explore how agent-regret and its object—faultlessly harming someone—can call for various responses. I look at two sorts of responses. Firstly, I explore responses that respect the agent’s role as an agent. This revolves around a feature of “it was just an accident”—a common response to agent-regret—that has largely gone ignored in the literature: that it can downplay one’s role as an agent. I argue that we need to take seriously the fact that those who have caused harms are genuine (...) agents, to ignore this fails to allow these agents to move on. Secondly, following Sussman and MacKenzie, I explore responses that benefit the victim. I argue that we should strive to understand how to configure these responses in a way that does not blame the agent. To do this I look at the role of actions in our self-understanding, as people who have done particular things. I end by briefly considering the ways in which tort law and restorative justice might help us to understand how to appropriately respond to accidentally harming someone. I urge that we need to take this as a starting point to find a better way to respond to the agents of faultless harms. (shrink)

I explore what BernardWilliams means by regarding one’s action ‘purely externally, as one might regard anyone else’s action’, and how it links to regret and agent-regret. I suggest some ways that we might understand the external view: as a failure to recognize what one has done, in terms of Williams’s distinction between intrinsic and extrinsic luck, and as akin to Thomas Nagel’s distinction between an internal and external view. I argue that none of these captures what Williams was getting at (...) because they do not allow one to take a view on one’s action. I offer two alternative accounts. One turns around what we identify with, the other concerns what we care about. Both accounts capture how I might regret, rather than agent-regret, my own action. I demonstrate that these accounts can explain the relationship between an insurance payout and the external view, and they can explain the agent-relativity of agent-regret. (shrink)

Philosophers working on the morality of harm have paid surprisingly little attention to the problem of manipulation. The aim of this paper is to remedy this lacuna by exploring how liability to defensive harm is affected by the fact that someone posing an unjust threat has been manipulated into doing so. In addressing this problem, the challenge is to answer the following question: Why should it be the case that being misled into posing an unjust threat by manipulation makes a (...) difference to one’s liability, as compared to being misled into doing so by natural events or by someone’s honest attempt to persuade us? To answer this question, I first outline an account of manipulation and then use it to defend what I shall call the “Pre-emption Principle.”. (shrink)

Freedom of contract and corrective justice are considered to be the basic principles governing contract law. However, many contemporary legal orders implement various policy goals into private law. The regulatory private law of the European Union is the most striking example of such a trend. This article aims at reconciling the corrective justice theory of private law and the principle of freedom of contract with the regulatory dimension of the EU law. The main argument is that the meaning of the (...) concept of harm, one that is crucial to the principle of corrective justice, should be understood broadly so that it can transform the corrective justice theory from a monistic one into a pluralistic one. (shrink)

Some normative theorists believe that there is a principled moral reason not to retain benefits realized by injustice or wrongdoing. However, critics have argued that this idea is implausible. One purported problem is that the idea lacks an obvious rationale and that attempts to provide one have been unconvincing. This paper articulates and defends the idea that the principled reason in question has an expressive quality: it gets its reason-giving force from the symbolic aptness of such an act as an (...) expressive response to wrongdoing. The paper thus argues that at least in a certain subset of cases, renouncing benefits realized by injustice amounts to a powerful and uniquely apt expression of protest against the disrespect for the victim that is implied by the wrongdoer’s actions. The paper shows how this idea can inform the question of reparations for slavery and its aftermath in the United States. Lastly it develops an important objection to the argument presented and gives an account of how this objection can be met. (shrink)

Hypocrisy seems to be a distinctive moral wrong. This thesis offers an account of that wrong. The distinctive wrong of hypocrisy is not a rational failing, or a deception of others. It is a problem in how we critique, and blame, others, when we ourselves are guilty of similar faults. Not only does it seem wrong to blame others hypocritically; it is also widely remarked that hypocrites ‘lack standing’ to blame. I defend both judgments. When we engage others in response (...) to wrongdoing, there is both instrumental and non-instrumental value in ensuring that those who face similar moral predicaments reason about these predicaments, and the appropriate responses to them, together. Hypocrisy is wrong because it hampers our ability to realise that value. And hypocrites lose standing to blame for a similar reason. Standing depends on the value of particular people engaging in an accountability procedure together, a value which the hypocrite forestalls, by failing to acknowledge wrongdoing in the course of blaming. This account of a duty to blame non-hypocritically helps unpack the relationship between hypocrisy and a range of other defects in a person’s standing. It also responds to a central sceptical challenge to the wrongness of hypocritical blaming. The challenge is that accurate hypocritical blaming can’t be wrong because it is morally good, and indeed is morally better than not blaming others at all. My response: hypocritical blaming is wrong, not because it is morally worse than not blaming at all, but because it is second-best, i.e. worse than non-hypocritical blaming, which enables mutual deliberation about wrongdoing. (shrink)