Journal of Political Philosophy, EarlyView.

One of the most potent motivations for retributivist approaches to punishment has been their apparent connection to an ethical background shaped by the Kantian notion of morally autonomous and rational human agency. The present article challenges the plausibility of this connection. I argue that retributivism subverts, rather than embodies, the normative consequences of moral autonomy, justifying a social practice that conflicts with the considered judgments that the proper recognition of moral autonomy would authorize. The core of my case is the (...) analysis of whether a punishment should be understood as a restriction of a criminal's freedom properly understood. I argue that the affirmative view faces serious difficulties that have not been, and are not likely to be, resolved by retributivist justifications that draw their support from Kantian moral theory. (shrink)

We develop a theory of joint intention in contexts in which participants have mixed motives that can manifest in all-things-considered reasons to deviate from contributing to the desired project, e.g., contexts with collective action problems. Our theory is based on strategic equilibrium-based reasoning, which links the characterization of joint intention in terms of individual intentions with conditions on strategy profiles of the underlying strategic games. We use elements of equilibrium reasoning to construct a counterfactual account of joint intention in the (...) mixed-motive contexts, which extends the reach of the notion of joint intention considerably beyond that of previous formulations. (shrink)

We re-examine the relationship between coordination, legal sanctions, and free-riding in light of the recent controversy regarding the applicability of the coordination problem paradigm of law-making. We argue that legal sanctions can help solve coordination problems by eliminating socially suboptimal equilibrium outcomes. Once coordination has taken place, however, free-riding can not lead to the breakdown of coordination outcomes, even if sanctions may still be effective at increasing the equity of such outcomes. Finally, we argue that it is the choice of (...) a legal or constitutional system rather than the choice of law that is paradigmatic of the coordination problem. This view requires a re-assessment of the normative status of sanctions attached to individual laws. (shrink)

Causal mechanisms' portability and their predictions in sometimes counterfactual settings point to the value of studies with details of interactions and/or convenience samples that depart from those in the proximate contexts of the phenomena of interest. The proper role of such contexts must be construed within an explanatory framework attentive to the nature and properties of relevant causal mechanisms.