Cultural, moral and religious diversity is a pervasive feature of modern life, yet has only recently become the focus of intellectual debate. _Pluralism_ is the first book to tackle philosophical pluralism and link pluralist themes in philosophy to politics. A range of essays investigates the philosophical sources of pluralism, the value of pluralism and liberalism, and difference in pluralism, including writings on women and the public-private distinction. This is a valuable source for students of philosophy, politics and cultural studies.

I show that the Pinkerton rule in conspiracy law is doctrinally and morally flawed. Unlike past critics of the rule, I propose a statutory fix that preserves and reforms it rather than abolishing it entirely. As I will show, this accommodates authors like Neil Katyal who have defended the rule as an important crime fighting tool while also fixing most of the traditional problems with it identified by critics like Wayne LaFave. Pinkerton is a vicarious liability rule that makes conspirators (...) criminally responsible for the foreseeable crimes of their coconspirators committed in furtherance of the conspiracy. It has two big problems: (1) Doctrinally, it breaks the logic of the many state criminal codes that are based on the Model Penal Code. (2) Ethically, it infringes the culpability constraint on the criminal law by imposing excessive punishments on defendants who did not even consciously suspect that their coconspirators would commit additional crimes that were not the object of the conspiracy. These problems are most acute in Texas, where Pinkerton can be combined with capital murder charges to produce automatic life without parole sentences. The Texas example is an extreme illustration of the problem of unintended consequences when state legislators tinker with the carefully drafted, interlocking provisions of a model code. The new statute I propose would put the penal code back in order and respect the culpability constraint. In the latter aspect, it is informed by leading work in philosophical ethics on blameworthiness and culpability. (shrink)

The guilt left by immoral actions is why moral duties are more pressing and serious than other reasons like prudential considerations. Religions talk of sin and karma; the secular still speak of spots or stains. I argue that a moral staining view of guilt is in fact the best model. It accounts for guilt's reflexive character and for anxious, scrupulous worries about whether one has transgressed. To understand moral staining, I borrow Christine Korsgaard's view that we construct our identities as (...) agents through our actions. The contribution of immoral actions to self-constitution explains why moral obligations have priority and importance. (shrink)

Today, there is a family of celebrated police strategies that teach the importance of cracking down on petty crime and urban nuisance as the key to effective crime control. Under the “broken windows” appellation, this strategy is linked in the public mind with New York City and the alleged successes of its police department in reducing the rate of crime over the past two decades. This paper is critical of such order maintenance approaches to policing: I argue that infringements of (...) civil liberty by such departments could be reduced if the departments looked at law more as a good to be served for its own sake and less as an instrument for the promotion of order. In other words, a shot of legalism is the correct medicine to reduce police misconduct that pierces the law’s protections of citizen freedom. -/- This Article contributes to the critical literature on broken windows policing by reassessing the work of the famous Harvard scholar (James Q. Wilson) who fathered it. The Article takes Wilson’s work and turns it on its head, drawing very different prescriptive conclusions than he did himself. (shrink)

Mistakes are a fact of life, and the criminal law is sadly no exception to the rule. Wrongful convictions are rightfully abhorred, and false acquittals can likewise inspire outrage. In these cases, we implicitly draw a distinction between a court’s finding and a defendant’s actual guilt or innocence. These are intuitive concepts, but as this paper aims to show, contemporary use of the reasonable person standard in the law of self-defense muddles them. -/- Ordinarily, we can distinguish between a person's (...) material guilt or innocence and his juridical guilt or innocence. Someone is materially guilty if his actions in fact matched the conduct proscribed by the penal law. Someone is juridically guilty if he is found guilty by a tribunal, i.e., convicted by a judge or jury. When a tribunal convicts a innocent person or acquits a guilty person, the accuracy of its verdicts can be criticized. -/- There are three definitions of the reasonable person extant amongst courts and commentators: the reasonable person is either (1) a hypothetical ordinary, average person; (2) the embodiment of a community ideal; or (3) an embodiment of an objective ethical standard, i.e., ethical principles independent of community opinion. Nonetheless, after observing the circularity, vagueness, and lack of consistency in the definitions, wise courts and commentators have sometimes resorted to identifying the reasonable person with the judgment of the jury. -/- This piece argues that failure to settle on a fixed definition of the "reasonable person" in the criminal law of self-defense effectively conflates material guilt and innocence and juridical guilt and innocence at the doctrinal level. When courts do not clearly and consistently choose between standards one, two, and three, or when they expressly treat the reasonable person as a form of words standing in for the judgment of the jury, they make it conceptually impossible for observers outside the court system to apply a fixed, definite standard to assess the actual guilt of a person apart from the judgments of tribunals. -/- This paper's main purpose is to identify a conceptual knot rather than propose reforms. Still, it recommends two small changes meant to lift the confusion surrounding the reasonable person. First, it urges that courts expressly settle on one of the three definitions canvassed above. Second, it recommends that courts be mindful of the nature of the reasonable person standard and as such, be wary of treating conclusions about reasonableness as ordinary legal precedents, and wield the power of directed verdict aggressively to protect unpopular defendants from abuse by juries. (shrink)

Plea bargains are the stock-in-trade of the modern American prosecutor’s office. The basic scenario, wherein a defendant agrees to plea guilty in exchange for a reduced sentence, is familiar to viewers of police procedurals. In an equally famous variation on the theme, the prosecutor requests something more than an admission of guilt: leniency will only be forthcoming if the defendant is willing to cooperate with the prosecutor in securing the conviction of another suspect. In some of these cases, the defendant (...) is a low-level criminal who has information on a high-level malefactor who is of more interest to the police. In others, the defendant and the person she is asked to testify against are of the same criminal rank, but evidentiary weaknesses induce the prosecutor to seek the aid of one suspect in order to convict the other. In this latter version, the classic tactic of film detectives is to offer the bargain to both defendants in the hopes that one will crack and agree to reveal what he knows about the other. The defendants could either be in custody for different crimes or be accomplices in the same offense. -/- The last variation (involving accomplices) is the subject of this Article. I take issue with the prosecutorial tactics in these cases because of the risk they create of punishing the comparatively virtuous person more than the comparatively vicious one for the same acts. As I will argue, it is the less honest person who is more likely to accept the prosecutor’s deal, leading the more honest person, who resisted temptation, to suffer greater penalties. -/- I contend that this scenario offends distributive justice, runs counter to the idea (accepted by some) that a proper goal of the state is the cultivation of good character in the citizenry, and is perverse insofar as a person will suffer more from the prosecutor's dilemma insofar as she is more or less a person of conscience. These negative considerations notwithstanding, I do not call for the abolition of accomplice plea bargaining but argue that the problems I raise should be considered when weighing its pros and cons. -/- This article was published in the company of a strong critical response by Guha Krishnamurthi, whose contribution I greatly appreciate. (shrink)

One proposed way of preserving the link between criminal negligence and blameworthiness is to define criminal negligence in moral terms. On this view, a person can be held criminally responsible for a negligent act if her negligence reflects a deficit of moral concern. Some theorists are convinced that this definition restores the link between negligence and blameworthiness, while others insist that criminal negligence remains suspect. This article contributes to the discussion by applying the work of ethicist Nomy Arpaly to criminal (...) negligence. Although not interested in legal issues herself, Arpaly has a well-developed theory of moral agency that explains moral concern in terms of responsiveness to moral reasons. Introducing her work to the ongoing scholarly debate will be helpful for two reasons. First, while a definition of negligence in terms of moral concern is recognized as one proposed solution to the negligence–blameworthiness problem, authors promoting it have yet to give a systematic account of moral concern and its relation to blame. Borrowing Arpaly's account will help clarify the idea of moral concern so that both proponents and critics of a concern approach to negligence can have a better-defined debate. Second, her theory of blameworthiness is especially suited to defending the blameworthiness of negligent actions, because it does not have recourse to a special quality of choice or self-control that must be active to render conduct blameworthy. To make this second advantage clear, the article argues that reliance on choice or self-control problematizes blameworthiness for negligence. Those who wish to defend blameworthiness for negligent acts should base their work on an account of moral agency that does not rely on either choice or self-control to explain when an action is blameworthy. (shrink)

Some of us were introduced to political philosophy as an activity of identifying, criticising, and revising the moral basis of existing social institutions. We asked questions about the nature of the good or the just society, and some few of us thought that once we knew and advocated the truth, it would win out. We, or some appropriate revolutionary or reforming group or class, would with reason, truth, and history on our side, bring about the society of our ideals. When (...) we first read John Rawls's A Theory of Justice we read it as continuing the traditional tasks of political philosophy. Justice as Fairness was a moral theory which addressed a political subject matter. From the moral point of view it told us what any just society aiming to realise the values of liberty and equality would be like. This comported nicely with liberal cosmopolitanism, and also with more widely shared philosophical views that the task of political philosophy is to construct a vision of an ideal society, perhaps more sensitive to justice in implementation than would be required in pre-modern, pre-democratic societies, but nevertheless an ideal which in the long run we would hope to see all societies converge on. That kind of liberalism gave those of us who think that Rawlsian justice is the right or true justice a license to go on the offensive in promoting liberal ideals and practices in our own society, and, at the very least, a critical vantage point from which to judge other societies. (shrink)

Introduction Joseph Dunne, Attracta Ingram, Frank Litton This volume of essays has two main objectives: first, to pay tribute to Fergal O'Connor, ...

G.E.M. Anscombe argued that we should dispense with deontic concepts when doing ethics, if it is psychologically possible to do so. In response, I contend that deontic concepts are constitutive of the common moral experience of guilt. This has two consequences for Anscombe's position. First, seeing that guilt is a deontic emotion, we should recognize that Anscombe's qualification on her thesis applies: psychologically, we need deontology to understand our obligations and hence whether our guilt is warranted. Second, the fact that (...) guilt is a deontic moral emotion debunks Anscombe's claim that deontic concepts are a relic of the Western, religious past: guilt feelings–hence the idea of moral duty as well–can be found in cultures without an ethics of divine command. Modern moral philosophers' interest in oughts and obligations is not an academic hobbyhorse, but a vital concern arising out of a primeval human emotion. (shrink)

I am going to discuss two fictional characters, each of whom embodies opposite reactions to the problem of moral luck identified by Thomas Nagel and Bernard Williams. The two characters are Noah Cross, played by John Huston in Roman Polanski's film Chinatown, and Father Zosima from Fyodor Dostoyevsky's novel The Brothers Karamazov. Cross takes the existence of moral luck as a reason to fly from moral responsibility. Zosima leaps in the opposite direction, toward unlimited moral responsibility. The responses are the (...) same to the extent that each embodies an alternative and a challenge to normative ethics. However, Zosima's ethic of universal responsibility and altruism is opposed in practice and sentiment to Cross's... (shrink)

Rationality, Symbolism and EvolutionThe Nature of Rationality By Robert Nozick Princeton University Press, 1993. Pp. xvi + 226. ISBN 0–691–07424–0. £19.95No Nonsense RightsThe Realm of Rights By Judith Jarvis Thomson Harvard University Press, 1990. Pp. viii + 383. ISBN 0–674–74948–0. £27.95.In Search of the Common MindThe Common Mind: An Essay on Psychology, Society and Politics By Philip Pettit Oxford University Press, 1993. Pp. xvi + 365. ISBN 0–19–507818–7. £30.In elucidation of the common mind: a reply to Raimo TuomelaRealism, Pure and (...) Simple? A Reply to Timothy Williamson. (shrink)

Essays on Philosophy and Economic Methodology By Daniel M. Hausman Cambridge University Press, 1992. Pp. 259. ISBN 0?521?41740?6. £35.00. Le Fondement de la morale: Essai d'éthiquephilosophique By André Léonard Cerf, 1991. Pp. 381. ISBN not available. FF240. The Philosophy of Time Edited By Robin Le Poidevin and Murray MacBeath Oxford University Press, 1993. Pp. 230. ISBN 0?19?823998?X. £27.50. The Ethics and Politics of Human Experimentation By Paul M. McNeill Cambridge University Press, 1993. Pp. 315. ISBN 0?521?41627?2. £35.00. Modern Conditions, Postmodern (...) Controversies By Barry Smart Routledge, 1991. Pp. 241. ISBN 0?415?06952. £10.99. Religion in Relation. Method, Application and Moral Location By Ivan Strenski Macmillan, 1993. Pp. ix + 257. ISBN 0?333?53469?7. £45.00. Robert Nozick: Property, Justice and the Minimal State By Jonathan Wolff Polity Press, 1991. Pp. ix + 168. ISBN 0?7456?0603?2. £8.95 pbk. (shrink)

Papers presented at a conference held in University College, Galway, in June 1993.