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Erin I. Kelly [21]Erin Kelly [16]Erin L. Kelly [2]Erin Irene Kelly [1]
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Erin Kelly
University of Washington
Erin Kelly
University of Colorado, Boulder
  1.  40
    Republicanism: A Theory of Freedom and Government.Erin Kelly & Philip Pettit - 1999 - Philosophical Review 108 (1):90.
    In his most recent book, Philip Pettit presents and defends a “republican” political philosophy that stems from a tradition that includes Cicero, Machiavelli, James Harrington, Locke, Montesquieu, Rousseau, and Madison. The book provides an interpretation of what is distinctive about republicanism—namely, Pettit claims, its notion of freedom as nondomination. He sketches the history of this notion, and he argues that it entails a unique justification of certain political arrangements and the virtues of citizenship that would make those arrangements possible. Of (...)
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  2.  51
    The Limits of Blame: Rethinking Punishment and Responsibility.Erin Kelly - 2018 - Cambridge, Massachusetts: Harvard University Press.
    Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Limits of Blame takes issue with a criminal justice system that aligns legal criteria of guilt with moral criteria of blameworthiness. Many incarcerated people do not meet the criteria of blameworthiness, even when they are guilty of crimes. The author underscores the problems of exaggerating what criminal guilt indicates, particularly when it is tied to the illusion (...)
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  3. Criminal Justice without Retribution.Erin I. Kelly - 2009 - Journal of Philosophy 106 (8):440-462.
  4. On tolerating the unreasonable.Erin Kelly & Lionel McPherson - 2001 - Journal of Political Philosophy 9 (1):38–55.
  5. Stability and Justification in Hume’s Treatise, Another Look- A Response to Erin Kelly, Frederick Schmitt, and Michael Williams.Erin I. Kelly - 2004 - Hume Studies 30 (2):339-404.
    Hume’s moral philosophy is a sentiment-based view. Moral judgment is a matter of the passions; certain traits of character count as virtues or vices because of the approval or disapproval they evoke in us, feelings that express concern we have about the social effects of these traits. A sentiment-based approach is attractive, since morality seems fundamentally to involve caring for other people. Sentiment-based views, however, face a real challenge. It is clear that our affections are often particular; we favor certain (...)
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  6.  60
    The Ethics of Law’s Authority: On Tommie Shelby's, Dark Ghettos: Injustice, Dissent, and Reform.Erin I. Kelly - 2022 - Criminal Law and Philosophy 16 (1):1-12.
    Tommie Shelby argues that social injustice undermines the moral standing states would have, were they just, to condemn criminal wrongdoers. He makes a good argument, but he does not go far enough to reject the blaming function of punishment. Shelby’s argument from “impure dissent,” in particular, helps to demonstrate the limits of blame in criminal justice.
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  7. Injustice and the right to punish.Göran Duus-Otterström & Erin I. Kelly - 2019 - Philosophy Compass 14 (2):e12565.
    Injustice can undermine the standing states have to blame criminal offenders, and this raises a difficulty for a range of punishment theories that depend on a state's moral authority. When a state lacks the moral authority that flows from political legitimacy, its right to punish criminal lawbreakers cannot depend on a systematic claim about the legitimacy of the law. Instead, an unjust state is permitted to punish only criminal acts whose wrongness is established directly by morality, and only when criminal (...)
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  8.  9
    Measuring Justice: Primary Goods and Capabilities.Thomas Pogge, Erin Kelly, Elizabeth Anderson, Norman Daniels, Lorella Terzi & Colin M. Macleod - 2010 - Cambridge University Press.
    This book brings together a team of leading theorists to address the question 'What is the right measure of justice?' Some contributors, following Amartya Sen and Martha Nussbaum, argue that we should focus on capabilities, or what people are able to do and to be. Others, following John Rawls, argue for focussing on social primary goods, the goods which society produces and which people can use. Still others see both views as incomplete and complementary to one another. Their essays evaluate (...)
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  9.  7
    Gendered Challenge, Gendered Response: Confronting the Ideal Worker Norm in a White-Collar Organization.Phyllis Moen, Kelly Chermack, Samantha K. Ammons & Erin L. Kelly - 2010 - Gender and Society 24 (3):281-303.
    This article integrates research on gendered organizations and the work-family interface to investigate an innovative workplace initiative, the Results-Only Work Environment, implemented in the corporate headquarters of Best Buy, Inc. While flexible work policies common in other organizations “accommodate” individuals, this initiative attempts a broader and deeper critique of the organizational culture. We address two research questions: How does this initiative attempt to change the masculinized ideal worker norm? And what do women’s and men’s responses reveal about the persistent ways (...)
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  10.  74
    The Historical Injustice Problem for Political Liberalism.Erin I. Kelly - 2017 - Ethics 128 (1):75-94.
    Liberal political philosophers have underestimated the philosophical relevance of historical injustice. For some groups, injustices from the past—particularly surrounding race, ethnicity, or religion—are a source of entrenched social inequality decades or even hundreds of years later. Rawls does not advocate the importance of redressing historical injustice, yet political liberalism needs a principle of historical redress. Rawls’s principle of fair equality of opportunity, which is designed to prevent the leveraging of class privilege, could be paired with a supporting principle of historical (...)
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  11.  90
    Doing without desert.Erin Kelly - 2002 - Pacific Philosophical Quarterly 83 (2):180–205.
    The idea of ‘moral responsibility’ is typically linked with praise and blame, and with the notion of ‘the voluntary’. It is often thought that if we are free, in the relevant sense, we may “deserve” praise or blame; otherwise, we do not. But when we look at whether and why we need the notions of praise and blame, we find that they are not as intimately connected with desert as many philosophers have thought. In particular, this paper challenges the idea (...)
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  12.  34
    Desert and Fairness in Criminal Justice.Erin I. Kelly - 2012 - Philosophical Topics 40 (1):63-77.
    Moral condemnation has become the public narrative of our criminal justice practices, but the distribution of criminal sanctions is not and should not be guided by judgments of what individual wrongdoers morally deserve. Criteria for evaluating a person’s liability to criminal sanctions are general standards that are influenced by how we understand the relative social urgency and priority of reducing crimes of various types. These standards thus depend on considerations that are not a matter of individual moral desert. Furthermore, the (...)
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  13. Against Naturalism in Ethics.Erin Kelly - 2004 - In Mario De Caro & David Macarthur (eds.), Naturalism in Question. Harvard University Press. pp. 259--274.
  14.  12
    Comments on Gideon Yaffe, The Age of Culpability: Children and the Nature of Criminal Responsibility.Erin I. Kelly - 2020 - The Journal of Ethics 24 (3):281-286.
    Gideon Yaffe argues that children should be treated as less culpable by the criminal justice system because children have little political say over the law. I analyze several elements of Yaffe’s argument and express qualified agreement with his thesis. Though I reject the role he assigns to the notions of desert and legal reasons, I agree that people who lack political power are less accountable to the criminal justice system’s legal authorities.
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  15. A symposium on Louis E. Loeb, Stability and justification in Hume's treatise.Michael Williams, Frederick F. Schmitt, Erin I. Kelly & Louis E. Loeb - 2004 - Hume Studies 30 (2):265-404.
  16.  53
    Justice and communitarian identity politics.Erin Kelly - 2001 - Journal of Value Inquiry 35 (1):71-93.
  17. Ethical disagreement in theory and practice.Erin I. Kelly - 2005 - Journal of Social Philosophy 36 (3):382–387.
  18.  42
    Habermas on Moral Justification.Erin Kelly - 2000 - Social Theory and Practice 26 (2):223-249.
  19. A theory of justice.Erin Kelly - 2001 - Philosophical Review 110 (3):421-425.
    A revised edition of John Rawls’s classic work A Theory of Justice has recently been published in English. The revisions appeared in the first foreign translation in 1975 and Rawls has made no further revisions to the text since that date, with the exception of a second preface, written for the French edition in 1987 and modestly revised in 1990. Changes are found on approximately 130 of the book’s 600 pages. Most are minor stylistic changes. About 25 percent of the (...)
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  20.  50
    From Retributive to Restorative Justice.Erin I. Kelly - 2021 - Criminal Law and Philosophy 15 (2):237-247.
    I am very grateful to Justin Coates, Adina Roskies, and Costanza Porro for their thoughtful and challenging comments on my book, The Limits of Blame: Rethinking Punishment and Responsibility. My response is organized around their discussion of four main topics: moral competence, proportionality, restorative justice, and excessive punishment.
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  21.  79
    Collective Responsibility and Social Ontology.Mario De Caro, Brian Epstein & Erin Kelly - 2019 - The Monist 102 (2):131-133.
    The study of responsibility in ethics focuses on the nature of agency, accountability, blame, punishment and, crucially, the distribution of responsibility for complex ethical problems. Work in social ontology examines the nature of entities such as groups, organizations, corporations, and institutions, and what it is for these entities to have intentional states and to act. Until recently, these fields of research have mostly been treated separately. The goal of this issue is to examine emerging research at their intersection. The papers (...)
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  22.  31
    Is blame warranted in applying justice?Erin I. Kelly - 2023 - Critical Review of International Social and Political Philosophy 26 (1):71-87.
    The belief that people convicted of crimes deserve punishment is commonplace. Yet the punitive conception of individual responsibility commonly associated with ‘just deserts’ exaggerates the moral meaning of criminal guilt, normalizes excessive punishment, and distracts from shared responsibility for social injustice. The problem is, many people who get caught up in the criminal justice system cannot reasonably be thought to deserve their fate. Mental illness, intellectual disability, addiction, trauma, and poverty are morally mitigating factors when it comes to assessing how (...)
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  23.  2
    Accountability in criminal justice.Erin I. Kelly - forthcoming - Journal of Social Philosophy.
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  24. 13 Against Naturalism in Ethics.Erin I. Kelly - 2004 - In Mario De Caro & David Macarthur (eds.), Naturalism in Question. Harvard University Press. pp. 259-274.
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  25.  2
    Inequality, Difference, and Prospects for Democracy.Erin I. Kelly - 2013 - In Jon Mandle & David A. Reidy (eds.), A Companion to Rawls. Hoboken, NJ, USA: Wiley. pp. 312–323.
    Rawls's signature is the thought experiment he introduced to sort out the requirements of justice. Rawls argues that “justice as fairness” will be a form of political liberalism. Rawls claims that under free institutions we should expect “profound and irreconcilable differences” in people's religious and philosophical worldviews, and in people's basic notions of what makes life worth living. In his vision of democracy, the solidarity required to support common political values and egalitarian norms of distributive justice must be built through (...)
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  26.  24
    Law and Institutional Legitimacy in the Practice of Human Rights.Erin I. Kelly - 2017 - Law and Philosophy 36 (2):155-168.
    The Heart of Human Rights develops an account of human rights as legal entities that serve important moral purposes in a legitimate international human rights practice. This paper examines Allen Buchanan’s general concept of institutional legitimacy and aims to expand that concept by emphasizing its connection with several ideas developed in the book about the nature and function of a system of international human rights. When it incorporates those ideas, Buchanan’s ‘Metacoordination View’ can be seen to set a standard of (...)
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  27.  50
    Moral agency and free choice: Clarke's unlikely success against Hume.Erin Kelly - 2002 - Archiv für Geschichte der Philosophie 84 (3):297-318.
  28. Non-egalitarian global fairness.Erin I. Kelly & Lionel K. McPherson - 2010 - In Alison M. Jaggar (ed.), Thomas Pogge and His Critics. Polity.
     
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  29.  55
    Personal Concern.Erin Kelly - 2000 - Canadian Journal of Philosophy 30 (1):115-136.
    Recent moral philosophy has been characterized by some serious attempts to show that both Kantian and utilitarian moralities leave us with insufficient room to pursue our personal projects and relationships. These moralities have been charged with demanding a kind of impartiality that leaves us with too little space for developing ourselves and our friendships, family relations, communities, and nations in the ways best suited for us. Critics claim these theories implausibly maintain that if our personal relationships and affinities do not (...)
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  30.  7
    Personal Concern.Erin Kelly - 2000 - Canadian Journal of Philosophy 30 (1):115-136.
    Recent moral philosophy has been characterized by some serious attempts to show that both Kantian and utilitarian moralities leave us with insufficient room to pursue our personal projects and relationships. These moralities have been charged with demanding a kind of impartiality that leaves us with too little space for developing ourselves and our friendships, family relations, communities, and nations in the ways best suited for us. Critics claim these theories implausibly maintain that if our personal relationships and affinities do not (...)
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  31.  59
    Prisoner's mistrust.Erin I. Kelly & Lionel K. McPherson - 2007 - Ratio 20 (1):57–70.
    The standard, non‐repeated prisoner's dilemma poses no true dilemma about rationality, we argue. What the prisoners ought rationally to do, unless they are selfless, depends on the relationship of trust that they have or lack with one another. This helps to diffuse the apparent conflict between individual and collective rationality. If the prisoners have reason to trust one another, pursuing a joint strategy would be rational for them. In the absence of trust, pursuing an individual strategy would be rational. The (...)
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  32.  12
    Redress and Reparations for Injurious Wrongs.Erin I. Kelly - 2021 - Law and Philosophy 41 (1):105-125.
    In Recognizing Wrongs, John C. P. Goldberg and Benjamin C. Zipursky develop and defend “civil recourse theory,” according to which torts are injurious wrongs that give rise to a claim of redress. My discussion extends beyond tort law to explore the ethics of reparations for historical injustice, in particular, regarding the case of Black Americans. I begin by relating the notion of wrongdoing that figures prominently in civil recourse theory to morality. Then I explore the idea that the relevant sort (...)
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  33.  28
    Rethinking Criminal Justice.Erin I. Kelly - 2020 - Res Philosophica 97 (2):169-183.
    The punitive, moralizing conception of individual responsibility commonly associated with retributive justice exaggerates the moral meaning of criminal guilt. Criminal guilt does not imply moral desert, nor does it justify moral blame. Mental illness, intellectual disability, addiction, immaturity, poverty, and racial oppression are factors that mitigate our sense of a wrongdoer’s moral desert, though they are mostly not treated by the criminal justice system as relevant to criminal culpability. The retributive theory also distracts from shared responsibility for social injustice. Instead (...)
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  34.  47
    Tolerance: Between Forbearance and Acceptance.Erin I. Kelly - 2003 - Philosophical Review 112 (2):266-269.
    Multiculturalism is not a flag that political philosophers seem eager to wave these days. Conservatives complain about the supposedly hazardous effects of the notion that non-Western societies have ideas and ways of life that are worthy enough to compete with those of Western societies for study and respect. Progressives worry that multiculturalism can be too uncritical of certain non-Western attitudes, especially about the nature and role of women. Perhaps this helps to explain why Hans Oberdiek is reluctant to associate his (...)
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  35. The burdens of collective liability.Erin Kelly - 2003 - In Dean Chatterjee & Donald Scheid (eds.), Ethics and Foreign Intervention. Cambridge University Press. pp. 118--39.
  36. The naturalist gap in ethics.Erin I. Kelly & Lionel K. McPherson - 2010 - In Mario de Caro & David Macarthur (eds.), Naturalism and Normativity. Columbia University Press.
     
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  37.  32
    Republicanism. [REVIEW]Erin Kelly - 1999 - Philosophical Review 108 (1):90-93.
    In his most recent book, Philip Pettit presents and defends a “republican” political philosophy that stems from a tradition that includes Cicero, Machiavelli, James Harrington, Locke, Montesquieu, Rousseau, and Madison. The book provides an interpretation of what is distinctive about republicanism—namely, Pettit claims, its notion of freedom as nondomination. He sketches the history of this notion, and he argues that it entails a unique justification of certain political arrangements and the virtues of citizenship that would make those arrangements possible. Of (...)
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  38.  5
    A Theory of Justice. [REVIEW]Erin Kelly - 2001 - Philosophical Review 110 (3):421-424.
    A revised edition of John Rawls’s classic work A Theory of Justice has recently been published in English. The revisions appeared in the first foreign translation in 1975 and Rawls has made no further revisions to the text since that date, with the exception of a second preface, written for the French edition in 1987 and modestly revised in 1990. Changes are found on approximately 130 of the book’s 600 pages. Most are minor stylistic changes. About 25 percent of the (...)
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