Wrongdoing and the Moral Emotions provides an account of how we might effectively address wrongdoing given challenges to the legitimacy of anger and retribution that arise from ethical considerations and from concerns about free will. The issue is introduced in Chapter 1. Chapter 2 asks how we might conceive of blame without retribution, and proposes an account of blame as moral protest, whose function is to secure forward-looking goals such as the moral reform of the wrongdoer and reconciliation (...) in relationships. Chapter 3 considers whether it's possible to justify effectively dealing those who pose dangerous threats if they do not deserve to be harmed, and contends that wrongfully posing a threat is the core condition for the legitimacy of defensive harming. Chapter 4 provides an account of how to treat criminals without a retributive justification for punishment, and argues for an account in which the right of self-defense provides justification for measures such as preventative detention. Chapter 5 considers how we might forgive if wrongdoers don't basically deserve the pain of being resented, which forgiveness would then renounce, and proposes that forgiveness be conceived instead as renunciation of the stance of moral protest. Chapter 6 considers how personal relationships might function without retributive anger having a role in responding to wrongdoing, and contends that the stance of moral protest, supplemented with non-retributive emotions, is sufficient. Chapter 7 surveys the options for theistic and atheistic attitudes regarding the fate of humanity in a deterministic universe, and defends an impartial hope for humanity. (shrink)

The final volume of Feinberg's four-volume work, The Moral Limits of Criminal Law examines the philosophical basis for the criminalization of so-called "victimless crimes" such as ticket scalping, blackmail, consented-to exploitation of others, commercial fortune telling, and consensual sexual relations.

Organizations are increasingly embedded with consultants and other non-employees who have the opportunity to engage in wrongdoing. However, research exploring the reporting intentions of employees regarding the discovery of wrongdoing by consultants is scant. It is important to examine reporting intentions in this setting given the enhanced presence of consultants in organizations and the fact that wrongdoing by consultants changes a key characteristic of the wrongdoing. Using an experimental approach, the current paper reports the results of (...) a study examining employees' reporting intentions subsequent to their discovery of wrongdoing by a consultant. The results of the study indicate that perceptions about the seriousness of a wrongdoing, personal costs and personal responsibility related to reporting a wrongdoing, and moral-equity judgments are significantly associated with reporting intentions for a normal reporting channel. Only perceptions of seriousness and personal costs are significantly associated for an anonymous reporting channel. Lastly, while personal costs for the anonymous reporting channel were lower than the normal reporting channel, reporting intentions were similar across the two channels. (shrink)

One of the biggest challenges of the study and practice of ethics is that of the moral dilemma, e.g. how should a compassionate person deal with injustice? This paper attempts to resolve this thorny issue from the perspective of Buddhist philosophy. I firstly introduce the 14th Dalai Lama’s distinction between act and actor and suggest a way to denounce wrongful acts without harboring hatred towards the perpetrator. Secondly, I argue that the philosophical grounds of this distinction can be traced back (...) to ancient Buddhist texts on Non-Self and Emptiness, which take all things as being in a constant state of change. Thirdly, I point out that a unique feature of the ‘empty ethics’ of Buddhism is that it inspires a middle way approach which allows for congruity between justice and compassion, between the realistic and the idealistic, and between rationality and sentimentality. Based on this, I suggest that it has much to contribute to contemporary ethics. (shrink)

Sometimes you risk contributing to a wrongdoing occurring in ways that are themselves wrong. Some would however say that you have not done anything wrong, just so long as you retain control over whether or not the wrongdoing occurs. There may be good pragmatic reasons for legal codes to be written in that way, but morally there are no good principled reasons for – and strong ones against – endorsing that view.

Could even the most ideal love justify betrayal? The author invites the reader to examine Boris Pasternak’s Doctor Zhivago through the lens of wrongdoing and forgiveness. She ponders whether Lara Antipova and Yura Zhivago can justify their actions with the beauty and the force of their love. In the light of the moral consequences of their actions, she finds such justification to be impossible. In her view the novel, culminating in the main characters’ deaths, opens itself to a transcendental (...) sphere in which wounded people are laid bare in their humanity before themselves, free of the baggage of guilt and harm, ready for conciliation. (shrink)

Organizations are increasingly embedded with consultants and other non-employees who have the opportunity to engage in wrongdoing. However, research exploring the reporting intentions of employees regarding the discovery of wrongdoing by consultants is scant. It is important to examine reporting intentions in this setting given the enhanced presence of consultants in organizations and the fact that wrongdoing by consultants changes a key characteristic of the wrongdoing. Using an experimental approach, the current paper reports the results of (...) a study examining employees reporting intentions subsequent to their discovery of wrongdoing by a consultant. The results of the study indicate that perceptions about the seriousness of a wrongdoing, personal costs and personal responsibility related to reporting a wrongdoing, and moral-equity judgments are significantly associated with reporting intentions for a normal (non-anonymous) reporting channel. Only perceptions of seriousness and personal costs are significantly associated for an anonymous reporting channel. Lastly, while personal costs for the anonymous reporting channel were lower than the normal reporting channel, reporting intentions were similar across the two channels. (shrink)

In this paper it is argued that we can have defensible attributions of responsibility without first answering the question whether determinism and free will are compatible. The key to such a defense is a focus on the fact that most actions for which we hold one another responsible are quite ordinary—trespassing traffic regulations, tardiness, or breaking a promise. As we will show, unlike actions that problematize our moral competence — e.g. akratic and ‘moral monster’- like ones—ordinary ‘wrong’ actions often disclose (...) this competence. Hence, no counterfactual assumption is needed to establish that some of us are sometimes responsible for some of the actions we perform. (shrink)

Journal of Political Philosophy, EarlyView.

According to the received account of guilt in the philosophical literature, one cannot feel guilt unless one takes oneself to have done something morally wrong. But ordinary people feel guilt in many cases in which they do not take themselves to have done anything morally wrong. In this paper, I focus on one kind of guilt without perceived wrongdoing, guilt about being merely causally responsible for a bad state-of-affairs. I go on to present a novel account of guilt that (...) explains guilt about mere causal responsibility, according to which guilt represents part of the self as bound up with what is bad. (shrink)

This is a review essay of Christopher Kutz's Complicity: Ethics and Law for a Collective Age, and Jonathan Bass's Stay The Hand of Vengeance: The Politics of War Crimes Tribunals. Topics addressed include the nature of collective intentions and actions, the possibility of collective guilt, the moral responsibility of individuals in the context of collective actions.

Journal of Political Philosophy, EarlyView.

Journal of Political Philosophy, EarlyView.

Journal of Political Philosophy, EarlyView.

Bracket out the wrong of committing a wrong, or conspiring or colluding or conniving with others in their committing one. Suppose you have done none of those things, and you find yourself merely benefiting from a wrong committed wholly by someone else. What, if anything, is wrong with that? What, if any, duties follow from it? If straightforward restitution were possible — if you could just ‘give back’ what you received as a result of the wrongdoing to its rightful (...) owner — then matters are morally more straightforward. But in real-world cases that is often impossible, and questions of ‘how much, from whom and to whom?’ become far more vexing. The beneficiary disgorging all benefits of the wrong is part of the story, but where that is not possible or will not suffice to compensate the victim of wrongdoing we discuss various ways of allocating the cost of making the victim whole, including supplementation from public coffers. (shrink)

Philosophers theorizing about ‘evil’ usually distinguish evil actions from acts of ordinary wrongdoing. They either attempt to isolate some quality or set of qualities shared by all evil actions that is not found in other wrongful actions, or they concede that their account of evil is only distinguished by capturing the very worst acts on the scale of moral wrongness. The idea that evil is qualitatively distinct from wrongdoing has recently been under contention. We explore the grounds for (...) this contention, and argue that there is a third option that might be useful for a variety of philosophical accounts of evil. The alternate form of distinctness we propose is called quality of emphasis distinctness. We illustrate this form of concept distinctness with a modified version of Hillel Steiner’s account of evil. We then explain how QE distinctness could also be applied to more complex theories of evil, such as the theories proposed by Claudia Card, John Kekes, and Todd Calder. (shrink)

To forgive a person for a wrong he has done has often been valued as morally good and as indicative of a benevolent and merciful character. But while forgiveness has been recognized as valuable its nature as a moral response has largely been ignored by modern moral philosophers who work outside the confines of a religious context. 1 Where it has been discussed, forgiveness has been thought particularly difficult to define, and some have thought the forgiving response paradoxical or even (...) impossible. I shall discuss some of these difficulties and suggest firstly that the value of forgiveness lies in the fact that it essentially requires a recognition of the wrongdoer's responsibility for his action, and secondly that forgiveness typically involves an effort on the part of the one wronged: a conscious attempt to improve oneself in relation to the wrongdoer. (shrink)

This chapter investigates the moral status of agents who innocently benefit from the wrongdoing of others. We commonly think that perpetrators should not benefit from their wrongdoings. But sometimes wrongdoings benefit third parties. Clearest examples are historical wrongdoings, such as colonialism and slavery, which have long lasting effects to this very day, benefitting some while harming others. Recent attempts to identify those who should address such wrongdoings suggest that their beneficiaries, even though they have done not taken part in (...) the original wrongdoing, have duties to relinquish the wrongful benefit and/or to compensate the victim. If correct, this view has important practical implications for identifying who should address pressing moral challenges such as climate change, reparations for slavery and global poverty. The chapter explores the normative underpinnings of the ‘principle of wrongful benefits’, and some of the theoretical and practical challenges to it. (shrink)

Michael Moore and I agree about the moral importance of how our actions turn out. We even agree about some of the arguments that establish that moral importance. In Causation and Responsibility, however, Moore foregrounds one argument that I do not find persuasive or even helpful. In fact I doubt whether it even qualifies as an argument. He calls it the “experiential argument.” In this comment I attempt to analyze Moore's “experiential argument” in some detail and thereby to bring out (...) why it does not help. In the process I raise some problems about the rationality of the emotions, which may be where Moore and I part company. We both believe that emotions should be taken more seriously by moral philosophy. But apparently we have radically different views about what this means. (shrink)

Is there a reason to prevent deontological wrongdoing—an action that is wrong due to the violation of a decisive deontological constraint? This question is perplexing. On the one hand, the intuitive response seems to be positive, both when the question is considered in the abstract and when it is considered with regard to paradigmatic cases of deontological wrongdoing such as Bridge and Transplant. On the other hand, common theoretical accounts of deontological wrongdoing do not entail this answer, (...) since not preventing wrongdoing does not necessarily amount to doing harm or intending harm, for example. The puzzle is reinforced due to the fact that the intuitive response to other cases seems to be different, namely that there is no reason in favour of preventing deontological wrongdoing. This question is thus interesting in itself. It might also shed light on additional questions such as the “paradox of deontology” and the appropriate response to wrongful actions more generally. Yet, despite its importance, this question is typically overlooked. The paper explores this question. (shrink)

In this article I argue that it is possible to be blameworthy for doing something that was not objectively morally wrong. If I am right, this would have implications for several debates at the intersection of metaphysics and moral philosophy. I also float a view about which actions can serve as legitimate bases for blame that allows for the possibility of blameworthiness without objective wrongdoing and also suggests an explanation for the appeal of the commonly held view that blameworthiness (...) requires objective wrongdoing. (shrink)

In this introduction to the special issue ‘Epistemic Injustice and Collective Wrongdoing,’ we show how the eight contributions examine the collective dimensions of epistemic injustice. First, we contextualize the articles within theories of epistemic injustice. Second, we provide an overview of the eight articles by highlighting three central topics addressed by them: i) the effects of epistemic injustice and collective wrongdoing, ii) the underlying epistemic structures in collective wrongdoing, unjust relations and unjust societies, and iii) the remedies (...) and strategies of resistance to epistemic injustice. We close by pointing to connections and issues that may motivate further research. (shrink)

This paper aims at exploring the relationship between corporate wrongdoing and CEOs’careers. We hypothesize that the managerial labor market does not punish CEOs of companies involved with wrongdoing. The analysis of data on 16 companies charged by the SEC supports this hypothesis.

This is a public philosophy piece that explores some questions around heroes, trauma, and wrongdoing.

Some moral theorists argue that innocent beneficiaries of wrongdoing may have special remedial duties to address the hardships suffered by the victims of the wrongdoing. These arguments generally aim to simply motivate the idea that being a beneficiary can provide an independent ground for charging agents with remedial duties to the victims of wrongdoing. Consequently, they have neglected contexts in which it is implausible to charge beneficiaries with remedial duties to the victims of wrongdoing, thereby failing (...) to explore the limits of the benefiting relation in detail. Our aim in this article is to identify a criterion to distinguish contexts in which innocent beneficiaries plausibly bear remedial duties to the victims of wrongdoing from those in which they do not. We argue that innocent beneficiaries incur special duties to the victims of wrongdoing if and only if receiving and retaining the benefits sustains wrongful harm. We develop this criterion by identifying and explicating two general modes of sustaining wrongful harm. We also show that our criterion offers a general explanation for why some innocent beneficiaries incur a special duty to the victims of wrongdoing while others do not. By sustaining wrongful harm, beneficiaries-with-duties contribute to wrongful harm, and we ordinarily have relatively stringent moral requirements against contributing to wrongful harm. On our account, innocently benefiting from wrongdoing _per se_ does not generate duties to the victims of wrongdoing. Rather, beneficiaries acquire such duties because their receipt and retention of the benefits of wrongdoing contribute to the persistence of the wrongful harm suffered by the victim. We conclude by showing that our proposed criterion also illuminates why there can be reasonable disagreement about whether beneficiaries have a duty to victims in some social contexts. (shrink)

Bart Streumer argues that a certain variety of consequentialism – he calls it ‘semi-global consequentialism’ – is false on account of its falsely implying the possibility of ‘blameless wrongdoing’. This article shows (i) that Streumer's argument is nothing new; (ii) that his presentation of the argument is misleading, since it suppresses a crucial premiss, commonly called ‘agglomeration’; and (iii) that, for all Streumer says, the proponent of semi-global consequentialism may easily resist his argument by rejecting agglomeration.

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)

How a person perceives a wrongdoing being committed by a coworker will affect whether the incident is reported within the organization. A significant factor that may influence the decision to report a wrongdoing is the perceived intentionality of the wrongdoer. This study sought to examine if differences in perceptions of a wrongdoing could affect the disclosure of unethical behavior. Three hundred seventy-two registered nurses (N = 372) responded to a survey consisting of both intentional and unintentional wrongdoings (...) that could occur by a nurse. Results of a paired t-test were as predicted. More wide ranging revelations found that respondents were more likely to discuss the unintentional wrongdoings with the wrongdoer in lieu of officially reporting to an immediate supervisor, or a member of upper management. Discussion, limitations, and suggestions for future research are provided. (shrink)

It is sometimes suggested that victims of unjust harm should take priority over victims of other forms of harm. We explore four arguments for this view: that victims of unjust harm experience greater suffering; that prioritizing victims of unjust harm would help prevent unjust harm in the future; that it is good for perpetrators that their victims be prioritized; and that it is impersonally better that victims of unjust harm are prioritized. We argue that the first three arguments fail but (...) that the fourth argument succeeds. Moral agents have a reason to prioritize victims of wrongdoing because this secures the impersonal value of corrective justice. However, this reason can be activated differently for different agents depending on how they are situated relative to the wrongdoing, and it may be outweighed by other factors, such as the extent of the harm that could be alleviated. (shrink)

It is sometimes suggested that victims of unjust harm should take priority over victims of other forms of harm. We explore four arguments for this view: that victims of unjust harm experience greater suffering; that prioritizing victims of unjust harm would help prevent unjust harm in the future; that it is good for perpetrators that their victims be prioritized; and that it is impersonally better that victims of unjust harm are prioritized. We argue that the first three arguments fail but (...) that the fourth argument succeeds. Moral agents have a reason to prioritize victims of wrongdoing because this secures the impersonal value of corrective justice. However, this reason can be activated differently for different agents depending on how they are situated relative to the wrongdoing, and it may be outweighed by other factors, such as the extent of the harm that could be alleviated. (shrink)

Let me first thank Samantha Brennan, Carolyn McLeod and Brandi Braud Scully for their detailed and constructive commentaries. In this brief response I wish to highlight and engage with three main points they raise. First, I will address McLeod’s argument that female surgeons are not merely harmed, but also wronged by the forms of bias found in the study. Second, I will discuss a concern voiced by both Scully and Brennan that my emphasis on small and implicit biases fails to (...) acknowledge the ongoing, significant problem of explicit bias. Third, and finally, I will engage with Brennan’s argument that institutional responses are the best way of addressing cumulative harms caused by microinequities. These concerns all connect with the difficult question of responsibility, a feature I draw out below. Carolyn McLeod argues that female surgeons’ interests in receiving equal treatment and opportunity are morally significant interests. As such, when these interests are set back by cumulative small biases the female surgeons are morally wronged. Moreover, she says, ‘it’s also hard to see how setting them back in this context could possibly be justified.’ McLeod is right to press me on this issue. In the article I have skirted around …. (shrink)

The principle of wrongful benefits prescribes that beneficiaries from wrongdoing incur duties towards the victims of the wrongdoing. The principle focuses on involuntary beneficiaries, demanding that they disgorge their tainted benefit. However, it overlooks the duties of beneficiaries who are not straightforwardly involuntary. The article addresses this gap in the literature. It explores the duties of ‘voluntary beneficiaries’, who could avoid receiving the tainted benefit; and the duties of ‘welcoming beneficiaries’, who cannot avoid receiving the tainted benefit but (...) welcome it. The article demonstrates that in both cases, the duties of the beneficiary towards the victim of the original wrongdoing are not limited to the disgorgement of the benefit. Rather, voluntary and welcoming beneficiaries are themselves involved in the commission of wrongdoing against the victim of the original wrongdoing, and hence may owe the victim compensation that exceeds the level of their own benefit. This argument has various practical implications, e.g. in specifying the duties of companies who benefit from human rights violations down their supply chain. (shrink)

Abstract:We analyzed data from a survey of employees of a large military base in order to assess possible differences in the whistle-blowing process due to type of wrongdoing observed. Employees who observed perceived wrongdoing involving mismanagement, sexual harassment, or unspecified legal violations were significantly more likely to report it than were employees who observed stealing, waste, safety problems, or discrimination. Further, type of wrongdoing was significantly related to reasons given by employees who observed wrongdoing but did (...) not report it, across all forms of wrongdoing. However, the primary reason that observers did not report it was that they thought nothing could be done to rectify the situation. Finally, type of wrongdoing was significantly related to the cost of the wrongdoing, the quality of the evidence about the wrongdoing, and the comprehensiveness of retaliation against the whistle-blower. These findings suggest that type of wrongdoing makes a difference in the whistle-blowing process, and it should be examined in future research. (shrink)

In this article we describe our approach to understanding wrongdoing in medical research and practice, which involves the statistical analysis of coded data from a large set of published cases. We focus on understanding the environmental factors that predict the kind and the severity of wrongdoing in medicine. Through review of empirical and theoretical literature, consultation with experts, the application of criminological theory, and ongoing analysis of our first 60 cases, we hypothesize that 10 contextual features of the (...) medical environment (including financial rewards, oversight failures, and patients belonging to vulnerable groups) may contribute to professional wrongdoing. We define each variable, examine data supporting our hypothesis, and present a brief case synopsis from our study that illustrates the potential influence of the variable. Finally, we discuss limitations of the resulting framework and directions for future research. (shrink)

Medieval thinkers were both puzzled and fascinated by the capacity of human beings to do what is morally wrong. In this book, Colleen McCluskey offers the first comprehensive examination of Thomas Aquinas' explanation for moral wrongdoing. Her discussion takes in Aquinas' theory of human nature and action, and his explanation of wrong action in terms of defects in human capacities including the intellect, the will, and the passions of the sensory appetite. She also looks at the notion of privation, (...) which underlies Aquinas' account of wrongdoing, as well as his theory of the vices, which intersects with his basic account. The result is a thorough exploration of Aquinas' psychology which is both accessible and illuminating, and will be of interest to a wide range of readers in Aquinas studies, medieval philosophy, the history of theology, and the history of ideas. (shrink)