In Complicity and Moral Accountability, Gregory Mellema presents a philosophical approach to the moral issues involved in complicity. Starting with a taxonomy of Thomas Aquinas, according to whom there are nine ways for one to become complicit in the wrongdoing of another, Mellema analyzes each kind of complicity and examines the moral status of someone complicit in each of these ways. Mellema's central argument is that one must perform a contributing action to qualify as an accomplice, and (...) that it is always morally blameworthy to perform such an action. Additionally, he argues that an accomplice frequently bears moral responsibility for the outcome of the other's wrongdoing, but he distinguishes this case from cases in which the accomplice is tainted by the wrongdoing of the principal actor. He further distinguishes between enabling, facilitating, and condoning harm, and introduces the concept of indirect complicity. Mellema tackles issues that are clearly important to any case of collective and shared responsibility, yet rarely discussed in depth, always presenting his arguments clearly, concisely, and engagingly. His account of the nonmoral as well as moral qualities of complicity in wrongdoing--especially of the many and varied ways in which principles and accomplices can interact--is highly illuminating. Liberally sprinkled with helpful and nuanced examples, Complicity and Moral Accountability vividly illustrates the many ways in which one may be complicit in wrongdoing. "In Complicity and Moral Accountability, Gregory Mellema has made an immensely important contribution to the discussion of group morality and collective responsibility both within and far beyond professional academic philosophy. His clearly written book will be essential reading." --Fergus Kerr, Honorary Fellow, University of Edinburgh. (shrink)

Medical complicity in torture is prohibited by international law and codes of professional ethics. But in the many countries in which torture is common, doctors frequently are expected to assist unethical acts that they are unable to prevent. Sometimes these doctors face a dilemma: they are asked to provide diagnoses or treatments that respond to genuine health needs but that also make further torture more likely or more effective. The duty to avoid complicity in torture then comes into (...) conflict with the doctor’s duty to care for patients. Sometimes the right thing for a doctor to do requires complicity in torture. Whether this is the case depends on: the expected consequences of the doctor’s actions; the wishes of the patient; and the extent of the doctor’s complicity with wrongdoing. Medical associations can support physicians who face this dilemma while maintaining a commitment to clear principles denouncing torture. (shrink)

Drawing on philosophy, law and political science, and on a wealth of practical experience delivering emergency medical services in conflict-ridden settings, Lepora and Goodin untangle the complexities surrounding compromise and complicity.

Cooperation in evil or wrongdoing is one of the most perplexing areas in bioethics, both for those working in the field and those seeking their advice. The papers collected in this book are written by philosophers, theologians and lawyers who have studied these problems and / or by those who have faced these problems in their own work in law, healthcare and research, and political campaigning. The volume includes both general treatments of the subject of cooperation and conscientious objection, and (...) more specific treatments of topics such as voting to improve unjust laws, research on fetal / embryonic cells, and care of suicidal patients. The book is offered as a guide to a field which is both of academic interest and of personal concern to those who face cooperation problems in their own life and work. Contributors include: Bishop Donal Murray, Bishop Anthony Fisher OP, Jane Adolphe, Mike Delany, John Finnis, Luke Gormally, Colin Harte, Cathleen Kaveny, Richard Myers, Charlie O'Donnell, Alexander Pruss, Neil Scolding and Helen Watt. (shrink)

We live in a morally flawed world. Our lives are complicated by what other people do, and by the harms that flow from our social, economic and political institutions. Our relations as individuals to these collective harms constitute the domain of complicity. This book examines the relationship between collective responsibility and individual guilt. It presents a rigorous philosophical account of the nature of our relations to the social groups in which we participate, and uses that account in a discussion (...) of contemporary moral theory. Christopher Kutz shows that the two prevailing theories of moral philosophy, Kantianism and consequentialism, both have difficulties resolving problems of complicity. He then argues for a richer theory of accountability in which any real understanding of collective action not only allows but demands individual responsibility. (shrink)

Christopher Kutz has written an excellent book: part metaphysics, part ethical theory, and part legal philosophy. The aim of the book, as is clear from the title, is to examine and defend the idea of complicity, that is, the responsibility of individuals for their participation in collective harms. While there has not been a lot of philosophical work on this topic, there has been some good work, and Kutz is responsive to most of it. But basically, this book strikes (...) out on its own, building a conception of complicity from an analysis of collective action and individual intention. The cornerstone of the analysis is the idea that individuals should be responsible for what they participate in, regardless of whether the participation makes a causal difference for the outcome. (shrink)

Some instances of right and wrongdoing appear to be of a distinctly collective kind. When, for example, one group commits genocide against another, the genocide is collective in the sense that the wrongness of genocide seems morally distinct from the aggregation of individual murders that make up the genocide. The problem, which I refer to as the problem of collective wrongs, is that it is unclear how to assign blame for distinctly collective wrongdoing to individual contributors when none of those (...) individual contributors is guilty of the wrongdoing in question. I offer Christopher Kutz’s Complicity Principle as an attractive starting point for solving the problem, and then argue that the principle ought to be expanded to include a broader and more appropriate range of cases. The view I ultimately defend is that individuals are blameworthy for collective harms insofar as they knowingly participate in those harms, and that said individuals remain blameworthy regardless of whether they succeed in making a causal contribution to those harms. (shrink)

When the 2022 FIFA Men’s World Cup was awarded to Qatar, it raised a number of moral concerns, perhaps the most prominent of which was Qatar’s woeful record on human rights in the arena of migrant labour. Qatar’s interest in hosting the event is aptly characterised as a case of ‘sportswashing’. The first aim of this paper is to provide an account of the nature of sportswashing, as a practice of using an association with sport, usually through hosting an event (...) or owning a club (such as Newcastle United, owned by Saudi Arabia), to subvert the way that others attend to a moral violation for which the sportswashing agent is responsible. This may be done through distracting away from wrongdoing, minimising it, or normalising it. Second, we offer an account of the distinctive wrongs of sportswashing. The gravest moral wrong is the background injustice which sportswashing threatens to perpetuate. But the distinctive wrongs of sportswashing are twofold: first, it makes participants in sport (athletes, coaches, journalists, fans) complicit in the sportswasher’s wrongdoing, which extends a moral challenge to millions of people involved with sport. Second, sportswashing corrupts valuable heritage associated with sporting traditions and institutions. Finally, we examine how sportswashing ought to be resisted. The appropriate forms of resistance will depend upon different roles people fill, such as athlete, coach, journalist, fan. The basic dichotomy of resistance strategies is to either exit the condition of complicity, for example by refusing to participate in the sporting event, or to modify one’s engagement with the goal of transformation in mind. We recognize this is difficult and potentially burdensome: sports are an important part of many of our lives; our approach attempts to respect this. (shrink)

The Rwandan genocide of 1994 occurred due to widespread complicity. I will argue that complicity can be the basis for legal liability, even for criminal liability, if two conditions are met. First, the person’s actions or inactions must be causally efficacious at least in the sense that had the person not committed these actions or inactions the harm would have been made significantly less likely to occur. Second, the person must know that her actions or inactions risk contributing (...) to a harmful enterprise, and must intend that these actions or inactions risk making this contribution. But it is not part of this analysis that the defendant must intend the harmful result. I explore the boundaries between legal and moral complicity and end with a discussion of how the analysis defended in the paper affects such questions as how many people in Rwanda should be prosecuted for the genocide which occurred due to widespread complicity. (shrink)

The marketplace is a remarkable social institution that has greatly extended our reach so shoppers in the West can now buy fresh-cut flowers, vegetables, and tropical fruits grown halfway across the globe even in the depths of winter. However, these expanded choices have also come with considerable moral responsibilities as our economic decisions can have far-reaching effects by either ennobling or debasing human lives. Albino Barrera examines our own moral responsibilities for the distant harms of our market transactions from a (...) Christian viewpoint, identifying how the market's division of labour makes us unwitting collaborators in others' wrongdoing and in collective ills. His important account covers a range of different subjects, including law, economics, philosophy, and theology, in order to identify the injurious ripple effects of our market activities. (shrink)

Complicity marks out a way that one person can be liable to sanctions for the wrongful conduct of another. After describing the concept and role of complicity in the law, I argue that much of the motivation for presenting complicity as a separate basis of criminal liability is misplaced; paradigmatic cases of complicity can be assimilated into standard causation-based accounts of criminal liability. But unlike others who make this sort of claim I argue that there is (...) still room for genuine complicity in the law and in morality. In defending this claim, I sketch an approach to complicity which grounds our liability for what others do not in our causal relation to their actions but in our “agency-relations” with others. In such cases, one agent can be liable for the wrongs of second agent to the extent that first authorizes the second to act at her behest. This approach fills the gap where standard causation-based accounts of complicity fail – especially in where several agents cooperatively contribute to an overdetermined harm. (shrink)

In Complicity and the Rwandan Genocide ( 2010b ), Larry May argues that complicity can be the basis for criminal liability if two conditions are met: First, the person’s actions or inactions must contribute to the harm in question, and secondly, the person must know that his actions or inactions risk contributing to this harm. May also states that the threshold for guilt for criminal liability is higher than for moral responsibility. I agree with this latter claim, but (...) I think that it casts doubt on May’s account of criminal liability, particular in so-called performance cases in which low-level participants merely fail to help. This is because it is far from clear that passive non-helpers are morally responsible for their participation in widespread harms. Situationism purports to show that passive bystanders typically are not morally responsible for their role in such harms, because they were behaving reasonably subject to the constraints they faced. In this paper, I assess this claim, and defend it on the basis of O. W. Holmes’ standard of the reasonable person as a guide to judging criminal complicity. Finally, I provide a situationist account of the Rwandan genocide, which focuses on the systemic causes and primary perpetrators of the genocide, rather than low-level participants. (shrink)

In the criminal law of many jurisdictions complicity, though not itself a substantive crime but a way of committing a crime, is a doctrine that determines when one person is legally liable for a criminal offense that was committed by another person, typically by being an accomplice. That doctrine has a number of troubling moral implications with respect to responsibility, particularly when complicity is employed as a devise to capture one agent as morally accountable for the actions of (...) another agent and/or the consequences of those actions. I focus on the issue of responsibility for consequences and actus reus and mens rea difficulties with complicity as a moral concept in the light of two cases in which complicity is the basis for ascriptions of moral and criminal responsibility to someone who was not the primary wrongdoer. The book on the topic by Chiara Lepora and Robert E. Goodin provokes my discussion. (shrink)

It is widely assumed that disability is typically a bad thing for those who are disabled. Our purpose in this essay is to critique this view and defend a more nuanced picture of the relationship between disability and well-being. We first examine four interpretations of the above view and argue that it is false on each interpretation. We then ask whether disability is thereby a neutral trait. Our view is that most disabilities are neutral in one sense, though we cannot (...) make simple generalizations about disability's relationship to well-being in other important senses. After defending this view, we discuss its practical implications for selective abortion for disability, nondisabled people's interactions with disabled people, and the use of QALYs in health policy. (shrink)

There is a widely accepted distinction between being directly responsible for a wrongdoing versus being somehow indirectly or vicariously responsible for the wrongdoing of another person or collective. Often this is couched in analyses of complicity, and complicity’s role in the relationship between individual and collective wrongdoing. Complicity is important because, inter alia, it allows us to make sense of individuals who may be blameless or blameworthy to a relatively low degree for their immediate conduct, but are (...) nevertheless blameworthy to a higher degree for their implication in some larger (or another person’s) wrongdoing. In this paper, I argue that there is a distinctively epistemic kind of complicity. First, I motivate the distinction between direct and vicarious responsibility with three interlocking arguments, respectively appealing to: i) the structure of rational agency; ii) linguistic considerations; iii) the role of “principal vs. accomplice” in legal doctrine. I show how these arguments naturally extend to the epistemic domain, motivating an epistemic form of vicarious responsibility. I then examine complicity as a mechanism of vicarious epistemic responsibility. To fill this out, I engage with an epistemic analogue of the debate about the role of intention versus causal contribution in complicity. I propose a Casual Account of Epistemic Complicity, arguing that it accommodates a wide range of cases, and enables fine-grained explanations of degrees of culpability for epistemic complicity. With an adequate account of epistemic complicity on hand, we can explain what is objectionable about an important class of epistemic agent who, on an individual level, may be epistemically blameless or blameworthy to a relatively low degree, but whose relation to other individuals or collectives nevertheless makes them epistemically blameworthy to a higher degree. I explore some broader implications of this result. (shrink)

Climate change is a unique ethical problem. The individual actions of virtually everyone in the world contribute to climate change, which risk causing great harm, especially in the future. We are all complicit in causing this harm. In most cases, complicity implies accountability: one deserves blame or punishment, he becomes a legitimate subject of reactive attitudes, or he owes compensation. I argue that individuals are not accountable in these ways for their complicity in causing climate change. Rather, our (...) moral accountability flows directly to our political and collective responsibility. A morally decent person living in a developed, carbon-based society has no moral obligation to change the way she lives, but we all have strong moral duties to pressure our governments to enact effective policies to limit carbon emissions. (shrink)

I argue, contrary to standard claims, that accomplice liability need not be a causal relation. One can be an accomplice to another’s crime without causally contributing to the criminal act of the principal. This is because the acts of aid and encouragement that constitute the basis for accomplice liability typically occur in contexts of under- and over-determination, where causal analysis is confounded. While causation is relevant to justifying accomplice liability in general, only potential causation is necessary in particular cases. I (...) develop this argument through the example of the role of U.S. legal officials in abetting the acts of unlawful interrogation that have taken place since 2001. I also suggest that there may be a limited justification for ex post ratificatory accomplice liability. (shrink)

Far from overthrowing or stepping outside that tradition, Wittgenstein builds on it, draws from it, and contributes brilliantly to the fruition of certain elements in it. In This Complicated Form of Life, Garver analyzes from several angles Wittgenstein's relationship to Kant, and to what Finch has called Wittgenstein's completion of Kant's revolt against the Cartesian hegemony of epistemology in philosophy.

Nursing, with its socially embedded theory and practice, inevitably operates in the realm of power and politics. One of these political sites is that of religion, which to varying degrees continues to shape beliefs about health and illness, the delivery of healthcare services and the nurse–patient encounter. In this paper, I attempt to complicate nursing's views on religion and politics in healthcare, with the intent of thinking critically and philosophically about questions that arise at the intersection of religion, politics and (...) nursing/healthcare. These questions include the following: What is the domain of religion and politics? How (non)religious are the contemporary societies in which nurses practice? What are the variations and implications of secularism? How is religion entangled with other intersecting social relations of power? How does a political reading of religion and politics matter to the concerns of nursing? (shrink)

This paper considers some aspects of the morality of complicity, understood as participation in the wrongs of another. The central question is whether there is some way of participating in the wrongs of another other than by making a causal contribution to them. I suggest that there is not. In defending this view I encounter, and resist, the claim that it undermines the distinction between principals and accomplices. I argue that this distinction is embedded in the structure of rational (...) agency. (shrink)

In his ground‐breaking study Complicity, Christopher Kutz introduces the notion of ‘participatory intentions’ (individual intentions whose content is collective) to explain an agent's complicity with groups or organisations. According to Kutz, participatory intentions allow us to hold individuals morally accountable for collective wrongs independent of their causal contribution to the wrong and its ensuing harm. This article offers an alternative account of complicity. Its central claim is that an agent's complicity might be due to the dependence (...) of his professional role on the normative principles that make up the organisation or institution in whose practices he partakes. In other words, there might arise a constitutive failure in an agent's attempt to ascribe to himself a non‐complicit professional identity. I use the case of SS‐Judge Konrad Morgen in order to illustrate this understanding of complicity. (shrink)

Peter French’s and Steven Ratner’s thoughtful comments are helpful in advancing the analysis we offered in our book On Complicity and Compromise. Inevitably, there are areas of disagreement and bones to pick. However, our primary concern in this reply will be to press, with their assistance, the more positive agenda.

Complicity consists in one person contributing to someone else's wrongdoing. But there is a diverse cluster ways of being involved in another’s wrongdoing. For a ‘diagnosis by exclusion’, we first fix the meaning of complicity in contrast to that with which it is often wrongly conflated. Literally cooperating in wrongdoing with others, for instance, is more than complicity. Each and every cooperator is actually a co-principal in the wrong jointly committed; and each bears the full responsibility, shared (...) with all co-principals, for the outcomes of that wrongdoing. Other sorts of involvement with wrongs committed by others amount to less than complicity because the involvement there is causally inert and hence does not actually contribute to the other’s wrongdoing at all. Pardoning wrongs wholly in the past may be like that. So too may be some cases of wilfully overlooking wrongs that others commit under one's very nose. Complicity is a very precise way of being involved in wrongdoing. Complicity consists in a secondary contribution of a causal (or potentially causal) sort to a wrong committed by someone else. That ‘contribution factor’ can be graded on many axes, in terms of how proximate, reversible or frequent the contribution was. Other things being equal, one is more complicit the …. (shrink)

This article engages in debates about the potential for aesthetics to be a positive, ethical, and moral frame for relating to the environment. Human‐environment relations are increasingly tied up with aesthetics. We problematize this trend by contending that aesthetics is an insufficient paradigm to motivate and shape environmentalism because it exceptionalizes some landscapes while devaluing others. This article uses four illustrative case studies to complicate aesthetic environmentalist frames. These case studies indicate that even when positive aesthetic qualities are deployed in (...) environmentalist advocacy, their usefulness is mitigated by a range of factors including: sensationalization, obfuscation, and further degradation. (shrink)

Recently, there have been a number of lawsuits in the United States in which families objected to performance of apnoea testing for determination of brain death. The courts reached conflicting determinations in these cases. We discuss the medicolegal complications associated with apnoea testing that are highlighted by these cases and our position that the decision to perform apnoea testing should be made by clinicians, not families, judges, or juries.

If medical complicity is understood as compliance with a directive to act against the professional's best medical judgment, the question arises whether it can ever be justified. This paper will trace the contours of what would legitimate a directive to act against a professional's best medical judgment (and in possible contravention of her oath) using Joseph Raz's service conception of authority. The service conception is useful for basing the legitimacy of authoritative directives on the ability of the putative authority (...) to enable subjects to comply better with reasons that already apply to them. Hence, the service conception bases the legitimacy of practical authority on a certain kind of greater knowledge or expertise. This helps to focus the conundrum regarding complicity on the clash of expertise between the medical expert and the governing body tasked with coordinating behaviour and otherwise devising rules for the social good. The ethical dilemma presented by a hypothetically legitimate directive to act against a professional's best medical judgment also serves to highlight the moral dimension of one's duty to obey a legitimate authority. (shrink)

Complicity with wrongdoing comes in many forms and many degrees. We distinguish subcategories cooperation, collaboration and collusion from connivance and condoning, identifying their defining features and assessing their characteristic moral valences. We illustrate the use of these distinctions by reference to events in refugee camps in and around Rwanda after the 1994 genocide, and the extent to which international organizations and nongovernment organizations were wrongfully complicit with the misuse of refugees as human shields by the perpetrators of the genocide (...) who were allowed to run those camps. (shrink)

Cognitive Complications examines fundamental issues in the theory of knowledge from the perspective of philosophical pragmatism. Rescher seeks to show how a pragmatic, user-oriented approach to knowledge can elucidate key issues of the field.

One of the great merits ofOn Complicity and Compromiseis that it wades into specific swamps where ordinary theorists fear to slog. It is persuasive that in general it can be right sometimes to be complicit in wrongdoing by others through causally contributing to the wrongdoing, but not sharing its purpose, if by being involved one can reasonably expect to lessen the extent of the wrong that would otherwise be suffered by the victims. I focus on whether the book's general (...) thesis is applicable to torture, which depends on what torture and the torture situation are in fact like. I focus on the case to which the chapter several times refers: the innovative CIA paradigm of torture. First, to the extent that the paradigm, which is predominantly mental, or psychological, torture succeeds in its goal of producing regression to a compliant state, the physician would be unable to rely on the torture victim's expressions of preferences or interests as authentically his own. Second, since disorientation plays such a large role in the CIA's style of torture (adopted at Guantanamo by the military), the authorities would refuse to allow a stable relationship to be built up with any one doctor by any victim, making comprehension of the victim's preferences difficult. Third, even if the doctor could somehow judge what the victim's genuine interests were, the control of the situation is much too totalistic to allow the physician any action independent of what the torture regime requires. (shrink)

Direct reprogramming of human skin cells makes available a source of pluripotent stem cells without the perceived evil of embryo destruction, but the advent of such a powerful biotechnology entangles stem cell research in other forms of moral complicity. Induced pluripotent stem cell (iPSC) research had its origins in human embryonic stem cell research and the projected biomedical applications of iPS cells almost certainly will require more embryonic stem cell research. Policies that inhibit iPSC research in order to avoid (...) moral complicity are themselves complicit in preventable harms to patients. Moral complicity may be unavoidable, but a Blue Ribbon Panel charged with assessing the need for additional embryonic stem cell lines may ease a transition from embryonic stem cell research to clinical applications of iPS cells. (shrink)

The common belief is that disability is bad for the person who is disabled, that it has a negative effect on well-being. Some disability rights activists and philosophers, however, assert that disability has little or no impact on how well a person’s life goes, that it is neutral with respect to flourishing. In recent articles Stephen Campbell and Joseph Stramondo, while rejecting both views, claim that we cannot make any broad generalizations about the effect of disability on well-being. Whether they (...) are right about physical and sensory disabilities, I do not know, but I argue that they are wrong about intellectual disabilities. A broad generalization about intellectual disabilities is justified: it always has a negative impact on quality of life, even though there is no single negative impact. The disadvantages of ID are plain but complicated. (shrink)

The article critically analyzes one of the central assumptions of Michael Walzer’s version of just war theory, as presented in his main work devoted to war ethics. As requested by the author of Just and Unjust Wars, the controversial nature of the principle of the moral equality of soldiers is revealed by discussing the actual course of events of a historical military conflict – namely, the outbreak of World War II, one of the main issues dealt with in Walzer’s book. (...) The exclusion of individual responsibility of people involved in a military operation which finds no moral justification seems to entail a number of consequences that put a heavy burden on Walzer’s overall model of military ethics. In order to ensure the necessary level of coherence of just war theory one may need to modify Walzer’s principle of the moral equality of soldiers – at least in relation to the participants of total war. (shrink)

Are consumers in high-income countries complicit in labor exploitation when they buy good produced in sweatshops? To focus attention we consider cases of labor exploitation such as those of exposing workers to very high risks of irreversible diseases, for instance, by failing to provide adequate safety equipment. If I purchase a product made under such conditions, what is my part in this exploitation? Is my contribution one of complicity that is blameworthy? If so, what ought I to do about (...) such participation? I address these questions at fi rst by applying a comprehensive account recently offered by Chiara Lepora and Robert Goodin, and analyzing the results in light of some important empirical issues. (shrink)

abstract Complicity with wrongdoing comes in many forms and many degrees. We distinguish subcategories cooperation, collaboration and collusion from connivance and condoning, identifying their defining features and assessing their characteristic moral valences. We illustrate the use of these distinctions by reference to events in refugee camps in and around Rwanda after the 1994 genocide, and the extent to which international organizations and nongovernment organizations were wrongfully complicit with the misuse of refugees as human shields by the perpetrators of the (...) genocide who were allowed to run those camps. (shrink)

Background -/- Innovative neurosurgical treatments present a number of known risks, the natures and probabilities of which can be adequately communicated to patients via the standard procedures governing obtaining informed consent. However, due to their novelty, these treatments also come with unknown risks, which require an augmented approach to obtaining informed consent. -/- Objective -/- This paper aims to discuss and provide concrete procedural guidance on the ethical issues raised by serious unexpected complications of novel deep brain stimulation treatments. -/- (...) Approach -/- We illustrate our analysis using a case study of the unexpected development of recurrent stereotyped events in patients following the use of deep brain stimulation (DBS) to treat severe chronic pain. Examining these unexpected complications in light of medical ethical principles, we argue that serious complications of novel DBS treatments do not necessarily make it unethical to offer the intervention to eligible patients. However, the difficulty the clinician faces in determining whether the intervention is in the patient's best interests generates reasons to take extra steps to promote the autonomous decision making of these patients. -/- Conclusion and recommendations -/- We conclude with clinical recommendations, including details of an augmented consent process for novel DBS treatment. (shrink)

Jeff McMahan famously defends a moral inequality of combatants, where liability to be attacked and potentially killed in war, should be grounded in the individual combatant’s moral responsibility for posing an unjust threat. In a response, Seth Lazar shows that McMahan’s criterion for liability leads to an unacceptable dilemma between “contingent pacifism” and “total war”, i.e. between war being practically infeasible, or implausibly many civilians being legitimate targets. The problem is that McMahan grounds liability mainly in the individual’s causal responsibility (...) for posing an unjust threat, but where a large proportion of combatants and civilians are approximately equally causally responsible. Recently, Saba Bazargan has come to the aid of McMahan by injecting an alternative supplementary criterion for liability, namely the individual’s complicity in a group act. This criterion is supposed to uphold the noted moral inequality, while avoiding the responsibility dilemma, by grounding moral incrimination in the individual’s participatory intention, instead of her causal contribution. I argue that the complicity account fails to resolve the dilemma. It fails because complicity grounded in a causally inert participatory intention is insufficient for liability. Further, I show why this reveals a deeper problem with the complicity account itself, namely that though it purports to ground incrimination non-causally, it fails to do so to any serious extent. (shrink)

This paper considers the implications of Chiara Lepora and Robert Goodin's On Complicity and Compromise (OUP, 2013) for our understanding of international law. That volume systematizes and evaluates individuals’ ethical choices in getting (too) close to evil acts. For the law of nations, these concepts are relevant in three critical ways. First, they capture the dilemmas of those charged with implementing international law, e.g., Red Cross delegates pledged to confidentiality learning of torture in a prison. Second, they offer a (...) rubric for understanding when a state may use coercion against certain actors, e.g., international law's rules for when one state may use force against another based on the latter's ties to terrorist acts. Third, they offer a moral grounding for many international obligations of states based on the need to avoid their own complicity in others' wrongs, e.g., by not expelling refugees to a state persecuting them or by preventing private actors from committing human rights abuses. In the case of the last two, the law reflects decisions by states about how much complicity they will tolerate – either complicity by others or complicity by the states themselves. (shrink)

Paragraph 12 of the revised International Code of Medical Ethics (ICoME) states that ‘the physician should strive to practise medicine in ways that are environmentally sustainable with a view to minimising environmental health risks to current and future generations.’ 1 This emphasis on environmental sustainability is in line with popular discourse as well growing scholarly attention in medical ethics for healthcare’s contribution to climate change. Recent research analyses, for instance, the ‘greening’ of informed consent and related bioethical principles. 2 3 (...) It is unclear what the duty of practising sustainable healthcare means at the level of doctor–patient interaction. Parsa-Parsi _et al_ flag the potential conflict in the ICoME’s provisions if ‘the actions of physicians are influenced by environmental considerations to the detriment of patients’ (p. 2), noting that the ICoME does not provide a handhold to improve understanding of such tensions. The code ‘does not... (shrink)

Entwicklung der Krystallformen. - Harmonie der Töne. - Harmonie der Farben. - Complication. - Harmonie und Complication in Gehirn und Psyche.

The received account of whistleblowing, developed over the last quarter century, is identified with the work of Norman Bowie and Richard DeGeorge. Michael Davis has detailed three anomalies for the received view: the paradoxes of burden, missing harm and failure. In addition, he has proposed an alternative account of whistleblowing, viz., the Complicity Theory. This paper examines the Complicity Theory. The supposed anomalies rest on misunderstandings of the received view or misreadings of model cases of whistleblowing, for example, (...) the Challenger disaster and the Ford Pinto. Nevertheless, the Complicity Theory is important for as in science the contrast with alternative competing accounts often helps us better understand the received view. Several aspects of the received view are reviewed and strengthened through comparison with Complicity Theory, including why whistleblowing needs moral justification. Complicity Theory is also critiqued. The fundamental failure of Complicity Theory is its failure to explain why government and the public encourage and protect whistleblowers despite the possibility of considerable harm to the relevant company in reputation, lost jobs, and lost shareholder value. (shrink)

ABSTRACT:Increasingly, global businesses are confronted with the question of complicity in human rights violations committed by abusive host governments. This contribution specifically looks at silent complicity and the way it challenges conventional interpretations of corporate responsibility. Silent complicity implies that corporations have moral obligations that reach beyond the negative realm of doing no harm. Essentially, it implies that corporations have a moral responsibility to help protect human rights by putting pressure on perpetrating host governments involved in human (...) rights abuses. This is a controversial claim, which this contribution proposes to analyze with a view to understanding and determining the underlying conditions that need to be met in order for moral agents to be said to have such responsibilities in the category of the duty to protect human rights. (shrink)