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 (...) historical and philosophical interest, he stresses, is the fundamental contrast between freedom as nondomination and slavery. Joseph Priestly, for instance, invoked this contrast in defending the cause of the American Revolution, and in 1769 declared, incredibly, that if the parliament of Great Britain continued to tax the American colonies, “the colonists will be reduced to a state of as complete servitude, as any people of which there is an account in history”. Those opposed to American independence, among them Jeremy Bentham, relied instead on a Hobbesian notion of freedom as noninterference, using it to argue that the colonists were no more interfered with by the British government than were citizens of Britain. Drawing out this contrast, Pettit aims to establish that a republican view of freedom better supports the institutions of a constitutional democracy than does liberalism. His account of the distinguishing characteristics and strengths of republicanism is, however, only partially successful. Neither his case that a republican notion of freedom provides for a more solid defense of democratic institutions and constitutional protections than is available within liberalism, nor his argument that republicanism can better address “private” injustices, is convincing. (shrink)

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 (...) that we know how long and in what ways criminals should suffer. Our practice of assigning blame has gone beyond a pragmatic need for protection and a moral need to repudiate harmful acts publicly. It represents a desire for retribution that normalizes excessive punishment. Kelly proposes that we abandon our culture of blame and aim at reducing serious crime rather than imposing retribution. Were we to refocus our perspective to fit the relevant moral circumstances and legal criteria, we could endorse a humane, appropriately limited, and more productive approach to criminal justice.--. (shrink)

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 (...) persons over others. This poses a problem when it comes to determining the proper content of morality. The ties of sentiment would seem to be in tension with the aspirations of morality toward impartiality and universality. (shrink)

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.

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 (...) guilt is established through legal procedures that meet minimal standards of fairness. These restrictions narrow the proper scope of criminal law and invalidate popular rationales for punishment that construe punishment as blame. (shrink)

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 (...) the two approaches in the light of particular issues of social justice - education, health policy, disability, children, gender justice - and the volume concludes with an essay by Amartya Sen, who originated the capabilities approach. (shrink)

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 (...) that gender structures work and family life? Data demonstrate the ideal worker norm is pervasive and powerful, even as employees begin critically examining expectations regarding work time that have historically privileged men. Employees’ responses to ROWE are also gendered. Women are more enthusiastic, while men are more cautious. Ambivalence about and resistance to change is expressed in different ways depending on gender and occupational status. (shrink)

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 (...) that forms of evaluation and behavior tied to our “reactive attitudes” (especially resentment) best further morality’s aims, properly understood. (shrink)

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 (...) redress that would contend with partiality and bias in open access to positions. (shrink)

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 (...) moral desert is doubtful when members of socially disadvantaged groups face unequal prospects for being subjected to criminal justice sanctions. Social injustice is an intolerable context for distributing punishment according to individual desert. A rightsprotectingscheme of criminal justice might permissibly burden individual offenders, but not as an expression of what they morally deserve. (shrink)

Journal of Social Philosophy, EarlyView.

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.

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.

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 (...) changes made are to some extent substantive. They do not alter the presentation of the central arguments significantly, but they do introduce some important new ideas. Replacement of the original by the revised edition is, of course, somewhat inconvenient, since the voluminous literature on Rawls refers to the page numbers in the original edition. Also, the new ideas presented in the revisions are more fully developed in Rawls’s later writings. Nevertheless, the emergence of several themes may deepen our understanding of his political philosophy. (shrink)

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 (...) gathered here explore both normative dimensions of work in social ontology and metaphysical assumptions and implications of ethical theorizing about collective responsibility. (shrink)

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 (...) blameworthy a person is for criminal behavior. But with the exception of extreme forms of mental illness that fall into the very narrow legal category of ‘insanity,’ people who struggle with serious difficulties are not treated as less blameworthy by the criminal justice system. The criteria of legal guilt does not match up well with the moral concept of blameworthiness.The solution might seem to be somehow to refine legal practice to make blame more context-sensitive, but I argue that rather than try to revise our criminal justice practices to fit better with common notions of blame and desert, we should get out of the public blaming business altogether. A determination morally to condemn individual offenders is not helping us to resolve the disaster of mass incarceration or the problems faced by returning citizens. It does not help us to see clearly the connection between crime and other problems of social injustice, like poverty, lack of mental health care, drug addiction, racial discrimination, and violence. Were we to be less fixated on individual responsibility, and more cognizant of our shared responsibility to treat all members of society as equal persons, entitled to the same basic rights, liberties, and opportunities, we might be in a better position to work collectively to address problems of social injustice that contribute to the problem of crime. (shrink)

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 (...) productive and fair social cooperation. Social solidarity is needed to support democratic equality, and this solidarity must be built through the mutual production and reciprocal sharing of the fruits of social cooperation. Constraining socioeconomic inequality is an essential aspect of a just scheme of social cooperation and a necessary basis for securing a mutual commitment to the rights, liberties, and opportunities that give democracy its substance and meaning. (shrink)

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 (...) legitimacy not only for assessments of an international scheme of human rights institutions, but also for the basic institutional structures of domestic states. Furthermore, we can see how the nature and function of human rights in the international practice of human rights bears on legitimacy assessments of particular domestic institutions. (shrink)

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 (...) further the ends of moral duty or maximum utility, they are of no value and hence we lack reason to devote ourselves to them. In what follows, I will assume that a conception of morality would indeed be implausible if it were to demand impartiality in the strong sense that it would be impermissible to favor our own projects and ambitions, to care especially about the welfare of certain persons rather than others, and sometimes to give preference to those we care most about, even when we could benefit strangers more. (shrink)

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 (...) further the ends of moral duty or maximum utility, they are of no value and hence we lack reason to devote ourselves to them. In what follows, I will assume that a conception of morality would indeed be implausible if it were to demand impartiality in the strong sense that it would be impermissible to favor our own projects and ambitions, to care especially about the welfare of certain persons rather than others, and sometimes to give preference to those we care most about, even when we could benefit strangers more. (shrink)

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 (...) solution that is supposed to be puzzling – because each prisoner confessing is worse for both than the alternative on which both remain silent – is simply the rational solution for persons who have no reason to trust one another. Philosophers have been misled by the apparent availability of the better alternative. Collective rationality is not relevant for persons who do not stand in a trusting relationship. When they do, there is no unresolved conflict between their individual and collective points of view.1. (shrink)

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 (...) of wrongdoing is relational and injurious, and how this claim applies to historical injustice. Finally, I take up the idea that a redress claim is one a victim is entitled but not obligated to make in order to think about whether the discretionary nature of tort action is empowering to persons who have been wrongfully injured. (shrink)

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 (...) of highlighting the moral urgency of correcting conditions that help to explain the crime rate, a commitment to retribution diverts attention from the social conditions that engender crime. These conditions include an unequal distribution of social, economic, and political power, which poses a serious problem for the retributive theory. When disadvantaged members of society act in ways that violate the criminal law, they are less morally blameworthy, even when the laws they violate are justified. Judgments of blame and desert, in relation to criminal justice, vary in accordance with political status. The diminished political power of oppressed groups is at odds with a retributive justification of punishment. (shrink)

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 (...) views too closely with multiculturalism, despite endorsing an ideal of tolerance that is quite sympathetic to it. (shrink)

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 (...) historical and philosophical interest, he stresses, is the fundamental contrast between freedom as nondomination and slavery. Joseph Priestly, for instance, invoked this contrast in defending the cause of the American Revolution, and in 1769 declared, incredibly, that if the parliament of Great Britain continued to tax the American colonies, “the colonists will be reduced to a state of as complete servitude, as any people of which there is an account in history”. Those opposed to American independence, among them Jeremy Bentham, relied instead on a Hobbesian notion of freedom as noninterference, using it to argue that the colonists were no more interfered with by the British government than were citizens of Britain. Drawing out this contrast, Pettit aims to establish that a republican view of freedom better supports the institutions of a constitutional democracy than does liberalism. His account of the distinguishing characteristics and strengths of republicanism is, however, only partially successful. Neither his case that a republican notion of freedom provides for a more solid defense of democratic institutions and constitutional protections than is available within liberalism, nor his argument that republicanism can better address “private” injustices, is convincing. (shrink)

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 (...) changes made are to some extent substantive. They do not alter the presentation of the central arguments significantly, but they do introduce some important new ideas. Replacement of the original by the revised edition is, of course, somewhat inconvenient, since the voluminous literature on Rawls refers to the page numbers in the original edition. Also, the new ideas presented in the revisions are more fully developed in Rawls’s later writings. Nevertheless, the emergence of several themes may deepen our understanding of his political philosophy. (shrink)