In this article I argue that Part II of the Family LawAct 1996 gives expression to a new form ofresponsibility. I begin by suggesting thatresponsible behaviour has shifted from prohibiting orrequiring particular actions: we now exhibitresponsibility by our attitude towards our actions. I then examine where this new conception ofresponsibility has come from. Through an examinationof the work of post-liberal theorists, principallyMichael Sandel, I argue that a changing view ofpersonhood within post-liberal theory has led to aquestioning of the possibility of (...) choice, and that theabsence of choice necessitates a shift in thedefinition of responsible behaviour. If we are createdby our decisions then we cannot be held to account forour decisions, but only for the care we have takenover them. Responsibility is therefore measured notby our level of self-control but by our level ofself-awareness. Finally I examine the consequences ofthis shift in the meaning of responsibility. Withinthis framework autonomy is illusory thereforedecisions do not need to be respected. This explainswhy the implementation of Part II of the Family LawAct 1996 has been called into question. Within thisframework responsibility is relative therefore itextends indefinitely. This enables the Family Law Actto be uniquely intrusive and judgmental: everydivorcing couple, on being held up to scrutiny, isfound lacking. (shrink)

ABSTRACTThe Imperative of Responsibility, by the German philosopher Hans Jonas, is a work that aspires to a re-foundation of ethics based on an analysis of the contemporary world as well as on a prediction about the fate of globalized humanity. Through a discussion of the fundamental concepts of Jonas’ work, the essay shows that the central themes of his research, which are still very relevant today, should be addressed by moving from the ethical level to that of ontology and (...) social ontology in particular. To this end, the paper offers a definition of transgenerational action that aims to replace Jonas’ use of prevision. The transgenerational action is here considered as a particular type of social action: that which enables societies to exist over time. Finally, the essay proposes an essential taxonomy of transgenerational actions, showing how working on this notion might lead to a consciously utopian and positive social model. (shrink)

What makes an event count as an action? Typical answers appeal to the way in which the event was produced: e.g., perhaps an arm movement is an action when caused by mental states (in particular ways), but not when caused in other ways. I argue that this type of answer, which I call "productionism", is methodologically and substantially mistaken. In particular, productionist answers to this question tend to be either individualistic or foundationalist, or both, without explicit defence. Instead, (...) I offer an externalist, anti-foundationalist account of what makes an event count as an action, which he calls neo-ascriptivism, after the work of H.L.A. Hart. Specifically, I argue that our practices of attributing moral responsibility to each other are at least partly constitutive of events as actions. (shrink)

Overview of the Epicurean views on why humans are rightly held responsible for their actions. Includes a discussion of the role the atomic 'swerve' plays in preserving our freedom, bivalence, our responsibility for how our character develops, and human reason and freedom.

This chapter explores the possibility of a closer relationship, defending the position that objects of desire are apprehended as good, not just in the sense that it seems so to the subject, but in the much stronger sense that, ceteris paribus. It also explores the fact that a thing is desired may be taken as good reason for counting it as a prima facie good. The chapter argues that passive willing the sort of willing paradigmatically represented by the phenomenon of (...) desire, over which to do not exert immediate control ought to be viewed as a means, perhaps the chief means, by which to apprehend what is good. It involves examining two theses: first is relatively uncontroversial, and the second thesis is much stronger, people might have in mind were to claim that the will, conceived as a faculty of desire, is naturally oriented towards the good. (shrink)

The paper is a critical discussion of Sneddon’s recent proposal to revive ascriptivism in philosophy of action. Despite his declarations, Sneddon fails in his central task of giving an account of the distinction between actions and mre happenings. His failure is due to three major problems. First, the account is based on a misconceived methodology of “type” necessary and “token” sufficient conditions. Second, the “type” necessary condition he proposed is so weak that the connection that obtains between action (...) and responsibility also obtains between action and lack of responsibility. Third, neither the idea of responsibility nor the idea of defeating conditions is elucidated sufficiently to play any role in understanding what it is to be an action. (shrink)

What factors should be taken into account when attributing criminal responsibility to perpetrators of severe crimes? We discuss the Breivik case, and the considerations which led to holding Breivik accountable for his criminal acts. We put some pressure on the view that experiencing certain psychiatric symptoms or receiving a certain psychiatric diagnosis is sufficient to establish criminal insanity. We also argue that the presence of delusional beliefs, often regarded as a key factor in determining responsibility, is neither necessary (...) nor sufficient for criminal insanity. (shrink)

How should deontological theories that prohibit actions of type K — such as intentionally killing an innocent person — deal with cases of uncertainty as to whether a particular action is of type K? Frank Jackson and Michael Smith, who raise this problem in their paper "Absolutist Moral Theories and Uncertainty" (2006), focus on a case where a skier is about to cause the death of ten innocent people — we don’t know for sure whether on purpose or not (...) — by causing an avalanche; and we can only save the people by shooting the skier. One possible deontological attitude towards such uncertainty is what Jackson and Smith call the threshold view, according to which whether or not the deontological constraint applies depends on our degree of (justified) certainty meets a given threshold. Jackson and Smith argue against the threshold view that it leads to implausible paradoxical moral dilemmas in a special kind of case. In this response, we show that the threshold view can avoid these implausible moral dilemmas, as long as the relevant deontological constraint is grounded in individualistic patient-based considerations, such as what an individual person is entitled to object to. (shrink)

Is human freedom and choice exaggerated in recent social theory? Should agency be the central in sociology? In this, penetrating and assured book, one of the leading commentators in the field asks where social theory is going. Barnes argues that social theory has taken the wrong turn in over-stating individual freedom. The result is that social contexts in which all individual actions are situated, is dangerously under-theorized. Barnes calls for a form of social theory that recognizes that sociability is the (...) essential characteristic of human life. It is our capacity to communicate with each other, and plan for each other’s welfare, that makes us truly human. Once this is allowed, notions of “agency”, “freedom”, and “choice” lose their connotation with free-floating individualism. Instead the embedded character of agency is starkly revealed. This is a model of well-informed and balanced analysis. It will be of interest to students of sociology, philosophy and social theory. (shrink)

This chapter contains sections titled: Actions and the Criminal Law Objects or Conditions of Criminal Responsibility? Actions and (Voluntary) Acts Abandoning the Act Requirement? An Action Presumption? References.

Whereas the belief-desire model maintains that reasons for action either are or depend on reasons which consist in the agent's own beliefs and desires, I contend that reasons for action, whether taken normatively or explanatorily, are states of affairs. I defend this view by reference to non-deliberative responses to states of affairs agents encounter directly – stopping for a stop sign or answering a knock at the door, for instance–actions which I take to be common, to presuppose no (...) specific attitudes on the part of agents, and to be basic to all action. (shrink)

This paper examines the resources of Kantian ethics to establish corporate moral responsibility. I defend Matthew Altman’s claim that Kantian ethics cannot hold corporations morally responsible for corporate malfeasance. Rather than following Altman in interpreting this inability as a reason not to use Kantian ethics, however, I argue that the Kantian framework is correct: business ethicists should not seek to hold corporations morally responsible. Instead, they should use Kantian resources to criticize the actions of individual businesspeople. I set forth (...) a model for decomposing business actions into their individual parts and reconstituting them in a context-specific “maxim” that Kantian ethics can evaluate. The reconstituted form of Kantian ethics that I defend is better able to manage decision-making complexity than traditional interpretations. To demonstrate the usefulness of my approach, I apply it to the recent Wells Fargo bogus-accounts scandal. (shrink)

Overview -/- Most philosophical explorations of responsibility discuss the topic solely in terms of metaphysics and the "free will" problem. By contrast, these essays by leading philosophers view responsibility from a variety of perspectives—metaphysics, ethics, action theory, and the philosophy of law. After a broad, framing introduction by the volume's editors, the contributors consider such subjects as responsibility as it relates to the "free will" problem; the relation between responsibility and knowledge or ignorance; the relation (...) between causal and moral responsibility; the difference, if any, between responsibility for actions and responsibility for omissions; the metaphysical requirements for making sense of "collective" responsibility; and the relation between moral and legal responsibility. (shrink)

Most philosophical explorations of responsibility discuss the topic solely in terms of metaphysics and the "free will" problem. By contrast, these essays by leading philosophers view responsibility from a variety of perspectives -- metaphysics, ethics, action theory, and the philosophy of law. After a broad, framing introduction by the volume's editors, the contributors consider such subjects as responsibility as it relates to the "free will" problem; the relation between responsibility and knowledge or ignorance; the relation (...) between causal and moral responsibility; the difference, if any, between responsibility for actions and responsibility for omissions; the metaphysical requirements for making sense of "collective" responsibility; and the relation between moral and legal responsibility. The contributors include such distinguished authors as Alfred R. Mele, John Martin Fischer, George Sher, and Frances Kamm, as well as important rising scholars. Taken together, the essays in _Action, Ethics, and Responsibility_ offer a breadth of perspectives that is unmatched by other treatments of the topic. Contributors: Joseph Keim Campbell, David Chan, Randolph Clarke, E.J. Coffman, John Martin Fischer, Helen Frowe, Todd Jones, Frances Kamm, Antti Kauppinen, Alfred R. Mele, Michael O'Rourke, Paul Russell, Robert F. Schopp, George Sher, Harry S. Silverstein, Saul Smilansky, Donald Smith, Charles T. Wolfe The hardcover edition does not include a dust jacket. (shrink)

In this paper a social group’s (retrospective) responsibility for its actions and their consequences are investigated from a philosophical point of view. Building on Tuomela’s theory of group action, the paper argues that group responsibility can be analyzed in terms of what its members (jointly) think and do qua group members. When a group is held responsible for some action, its members, acting qua members of the group, can collectively be regarded as praiseworthy or blameworthy, in (...) the light of some normative standard, for what the group has done. The paper gives a necessary and sufficient conditions analysis of a group’s responsibility for its actions and their outcomes, and the conditions can be cashed out in terms of the group members’ joint (and other) actions. (shrink)

This paper interprets facts about actions and responsibility in terms of Kant’s category of the ‘intelligible,’ but is also broadly naturalistic in its approach. It analyses intelligible facts in terms of two elements, the institutional and the normative. First, I draw on John Searle’s account of institutional facts. Searle emphasises that neither the meaning of a word nor my possession of something is a matter of empirical facts concerning the entity itself. Instead, to understand the nature of such facts, (...) we must take account of people’s shared beliefs. Kant’s account of property relations can, in part, be understood as an institution in Searle’s sense. Drawing on the work of Tamar Schapiro and Arthur Ripstein, I extend this idea to illuminate our ‘ownership’ of our deeds. Second, and more briefly, I present a normative element. Institutional facts need not, in themselves, be morally compelling. Under conditions of relative freedom and equality, however, I argue that practices of responsibility can be seen as a practical manifestation of critique. This generates a critical self-reflexivity that, I suggest, provides normative warrant to the practices of action and responsibility that we institute among ourselves. (shrink)

Is the basis of criminality an act that causes harm, or an act undertaken with the belief that one will cause harm? The present study takes a cognitive neuroscience approach to investigating how information about an agent’s beliefs and an action’s conse- quences contribute to moral judgment. We build on prior devel- opmental evidence showing that these factors contribute differ- entially to the young child’s moral judgments coupled with neurobiological evidence suggesting a role for the right tem- poroparietal junction (...) (RTPJ) in belief attribution. Participants read vignettes in a 2 2 design: protagonists produced either a negative or neutral outcome based on the belief that they were causing the negative outcome (‘‘negative’’ belief) or the neutral outcome (‘‘neutral’’ belief). The RTPJ showed significant activation above baseline for all four conditions but was modulated by an interaction between belief and outcome. Specifically, the RTPJ response was highest for cases of attempted harm, where protag- onists were condemned for actions that they believed would cause harm to others, even though the harm did not occur. The results not only suggest a general role for belief attribution during moral judgment, but also add detail to our understanding of the inter- action between these processes at both the neural and behavioral levels. (shrink)

How should political leaders address the emerging climate crisis if citizens are reluctant to accept costly but necessary climate action? In this article, I address this question by harnessing insights from the realist tradition in political theory. I propose that the realist legitimacy framework provides action guidance by offering two broadly applicable heuristics for political agents: responsibility and responsiveness. These heuristics collide if citizens are unwilling to accept policies designed to secure a nation's long-term stability. Faced with (...) this problem, some authors make the supposedly realist argument that policymakers in liberal democracies should prioritise responsibility over responsiveness and embrace eco-authoritarianism to address the climate emergency. Against this line of argument, I maintain that the realist legitimacy framework entails no such commitment. Instead, realists must emphasise that responsible climate action entails a sufficient degree of responsiveness. I conclude by sketching how this insight may guide democratic leaders and climate activists in the future. (shrink)

This chapter enters into a debate with the analytic theory of action, especially the version developed by Donald Davidson, who makes it clear that the upsurge of a desire to perform a specific action is a natural event that is causally responsible for the action in question. The narrative interpretation of selfhood was initiated by Hannah Arendt. Selfhood is certainly assured on a passive and affective plane. Edmund Husserl maintains that in the passive sphere, a self is (...) constituted preceding active reflection. As Paul Ricœur clearly determines, the complicity with reality entails a ‘decentred self’ that is strictly opposed to the self-centred, self-controlled, and self-assured ego of modern philosophy. Emmanuel Levinas never accepted Wittgenstein's constraint on philosophy to remain silent with regard to the ‘unsayable’. (shrink)

ABSTRACT Not all crimes require mens rea, but all serious ones do. Crudely the requirement is that the defendant be able to take responsibility for the actus reus of which he is accused. What must be implied by this is essentially that the agent retain control of his actions. It is unjust to punish actions which are outside of the agent's control since such punishment cannot deter and is, arguably, pointless. Duress does not remove an agent's control of his (...) actions. This does not mean that actions performed under duress should be viewed as fully intentional. For though the agent foresees and wishes for the result of his action performed under duress, it is wished for as the best option out of a range of alternatives manipulated by the one who makes the threats which constitute the duress. The agent is responsible for his choice, but not for what is available for him to choose. He has an obligation to do what is best in the circumstances and should not be blamed if that would, in other circumstances, be accounted criminal. (shrink)

This paper presents a new challenge to the thesis that moral responsibility for an omission requires the ability to do the omitted action, whereas moral responsibility for an action does not require the ability to do otherwise than that action. Call this the asymmetry thesis. The challenge arises from the possibility of cases in which an omission is identical to an action. In certain of such cases, the asymmetry thesis leads to a contradiction. The (...) challenge is then extended to recent variations of the asymmetry thesis defended by John Martin Fischer and Carolina Sartorio. Finally, a possible objection to the challenge is addressed. (shrink)

In this paper, I explore the relationship between joint epistemic action and collective moral responsibility. Here, we need to distinguish between the genus, joint action, and an important species of joint action which I introduced in some earlier work, namely, joint epistemic action. In the case of the latter, but not necessarily the former, participating agents have epistemic goals, e.g. the acquisition of knowledge. The notion of joint action per se is a familiar one (...) in the philosophical literature, albeit I have provided, and defended, a particular analysis of it. However, the notion of joint epistemic action is a novel one. Nevertheless, I argue that it can be given the same kind of analysis as joint action which is not epistemic in character. The other key notion in play in this paper is that of collective moral responsibility. Over the last decade or two this notion has been receiving a good deal of attention in the philosophical literature. Two influential kinds of theory are non-individualist cor.. (shrink)

This is a reproduction of a book published before 1923. This book may have occasional imperfections such as missing or blurred pages, poor pictures, errant marks, etc. that were either part of the original artifact, or were introduced by the scanning process. We believe this work is culturally important, and despite the imperfections, have elected to bring it back into print as part of our continuing commitment to the preservation of printed works worldwide. We appreciate your understanding of the imperfections (...) in the preservation process, and hope you enjoy this valuable book. (shrink)

Research on moral distress has paid limited attention to nurses’ responses and actions. In a survey of nurses’ perceptions of moral distress and ethical climate, 292 nurses answered three open-ended questions about situations that they considered morally distressing. Participants identified a range of situations as morally distressing, including witnessing unnecessary suffering, being forced to provide care that compromised values, and negative judgments about patients. They linked these situations to contextual constraints such as workload and described responses, including feeling incompetent and (...) distancing themselves from patients. Participants described considerable effort to effect change, calling into question the utility of defining moral distress as an “inability to act due to institutional constraints” or a “failure to pursue a right course of action.” Various understandings of moral distress operated, and action was integral to their responses. The findings suggest further conceptual work on moral distress and effort to support system-level change. (shrink)

Skill or control is commonly regarded as a necessary condition for intentional action. This received wisdom is challenged by experiments conducted by Joshua Knobe and Thomas Nadelhoffer, which suggest that moral considerations sometimes trump considerations of skill and control. I argue that this effect (as well as the Knobe effect) can be explained in terms of the role normative reasons play in the concept of intentional action. This explanation has significant advantages over its rivals. It involves at most (...) a conservative extension rather than a radical revision of what we tend to believe about intentional action, and it fits better with the way we conceive of the relation between intentional action and moral responsibility. (shrink)

Philosophers traditionally have been concerned both to explain intentional behavior and to evaluate it from a moral point of view. Some have maintained that whether actions (and their consequences) properly count as intended sometimes hinges on moral considerations - specifically, considerations of moral responsibility. The same claim has been made about an action's properly counting as having been done intentionally. These contentions will be made more precise in subsequent sections, where influential proponents are identified. Our aim in this (...) paper is to show that familiar defenses of these more precise claims are unpersuasive and that the claims do not merit acceptance. Our concern, more broadly, is to illuminate the place occupied by intention and intentional action in a conceptual scheme suited both to explanatory needs in the philosophy of mind to evaluative needs in moral philosophy. (shrink)

This article discusses a challenge to the traditional intentional-causalist conceptions of action and intentionality as well as to our everyday and legal conceptions of responsibility, namely the psychological discovery that the greatest part of our alleged actions are performed automatically, that is unconsciously and without a proximal intention causing and sustaining them. The main part of the article scrutinizes several mechanisms of automatic behavior, how they work, and whether the resulting behavior is an action. These mechanisms include (...) actions caused by distal implementation intentions, four types of habit and habitualization, mimicry, and semantically induced automatic behavior. According to the intentional-causalist criterion, the automatic behaviors resulting from all but one of these mechanisms turn out to be actions and to be intentional; and even the behavior resulting from the remaining mechanism is something we can be responsible for. Hence, the challenge, seen from close up, does not really call the traditional conception of action and intentionality into question. (shrink)

Although convinced by Frankfurt-style cases that moral responsibility does not require the ability to do otherwise, semicompatibilists have not wanted to accept a parallel claim about moral responsibility for omissions, and so they have accepted asymmetrical requirements on moral responsibility for actions and omissions. In previous work, I have presented a challenge to various attempts at defending this asymmetry. My view is that semicompatibilists should give up these defenses and instead adopt symmetrical requirements on moral responsibility (...) for actions and omissions, and in this paper I highlight three advantages of doing so: first, it avoids a strange implication of the truth of determinism; second, it allows for a principled reply to Philip Swenson’s recent ‘No Principled Difference Argument’; third, it provides a reason to reject a crucial inference rule invoked by Peter van Inwagen’s ‘Direct Argument’ for the incompatibility of moral responsibility and determinism. (shrink)

A common coding account of bidirectional evaluation–behaviour interactions proposes that evaluative attributes of stimuli and responses are coded in a common representational format. This assumption was tested in two experiments that required evaluations of positive and negative stimuli during the generation of a positively or negatively charged motor response. The results of both experiments revealed a reduced evaluative sensitivity (d′) towards response-compatible stimulus valences. This action–valence blindness supports the notion of a common valence coding in action and evaluation.

"Both Thomistic scholars and analytic philosophers interested in theories of human action and accountability will find this book a welcome addition to their libraries. Truly a substantive addition to both Thomistic scholarship and the ongoing analytic investigation into human action and responsible agency."—American Catholic Philosophical Quarterly "A first-rate book...Brock's lucid and illuminating analysis offers much of value to both intellectual historians and theologians, as well as philosophers."—Theological Studies"Brock's treatment of Aquinas's account of action exhibits a rare combination (...) of rigor and learning. It is, no doubt, the best we have."—The Thomist. (shrink)

This article addresses the question of what history an obstacle that stands in the way of our performing a certain action must have in order to render us socially unfree to x. The most promising view on this question is the moral responsibility view, according to which such an obstacle renders us socially unfree to x, if and only if another person is morally responsible for its existence. The main challenge of this view is to identify a serviceable (...) test for establishing when someone is morally responsible for the existence of an obstacle. Numerous attempts to do so have been made over the years, but none of them proved to be successful. In my discussion of the moral responsibility view I will expose the failure of the most recent and powerful attempt to identify such a test. Then I will suggest a more plausible test and defend it from a few possible objections. Before discussing the moral responsibility view I will discuss its main rivals and show why it is superior to them in the first place. (shrink)

There is an important contemporary debate in moral responsibility about whether the following asymmetry thesis is true: moral responsibility for actions does not require alternative possibilities but moral responsibility for omissions does. In this paper, we do two things. First, we consider and reject a recent argument against the asymmetry thesis, contending that the argument fails because it rests on a false view about the metaphysics of omissions. Second, we develop and defend a new argument against the (...) asymmetry thesis, one that avoids the problem with the first argument by not resting on any assumptions about what omissions are metaphysically. (shrink)

Abstract: The study aimed to identify the procedures and speed of response and their role in improving the creative behavior of Palestinian NGOs. The study used the descriptive analytical approach and the questionnaire as a main tool for collecting data from employees of associations operating in Gaza Strip governorates, and the cluster sample method was used and the sample size reached (343) individuals. (298) questionnaires were retrieved, and the following results were reached: The relative weight of the field of taking (...) measures reached (77.33%), and the relative weight of the field of response speed reached (78.66%) and the relative weight of the creative behavior was 78.99 (%), and the results also showed a relationship Statistically significant of me For adopting the procedures and speed of response and creative behavior, and the presence of the effect for adopting procedures and speed of response to the creative behavior, and there are differences statistically significant in scale dimensions due to the variable gender in (response speed, take action) and the differences in favor of females. There were no statistically significant differences attributable to the variable of the age group and the educational qualification, and there were no statistically significant differences in the creative behavior according to the variable of gender, age group, educational qualification, specialization, and the study presented a set of recommendations the most important of them: the necessity of civil organizations in Gaza Strip to obtain Funding from foreign countries in order to provide associations with self-income to face crises and give them independence in order to preserve them in order to play their role in society. The necessity of holding meetings and workshops with the local community, and this helps them determine the needs of society. (shrink)

One popular criticism of affirmative action is that it discriminates against those who would otherwise have been offered jobs without it. This objection must rely on the non- consequentialist distinction between what we do and what we merely allow to claim that doing nothing merely allows people to be harmed by the discrimination of others, while preferential programs actively harm those left out. It fails since the present effects of past discrimination result from social arrangements which result from actions (...) of ours. We can be responsible for the effects of past discrimination, even without having discriminated, if we are responsible for that discrimination having those effects. (shrink)

Philosophical theories of agency have focused primarily on actions and activities. But, besides acting, we often omit to do or refrain from doing certain things. How is this aspect of our agency to be conceived? This book offers a comprehensive account of omitting and refraining, addressing issues ranging from the nature of agency and moral responsibility to the metaphysics of absences and causation. Topics addressed include the role of intention in intentional omission, the connection between negligence and omission, the (...) distinction between doing and allowing, and the distinction in law between act and omission. (shrink)