Fair Opportunity And Responsibility

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Fair Opportunity and Responsibility lies at the intersection of moral psychology and criminal jurisprudence and analyzes responsibility and its relations to desert, culpability, excuse, blame, and punishment. It links responsibility with the reactive attitudes but makes the justification of the reactive attitudes depend on a prior and independent conception of responsibility. Responsibility and excuse are inversely related; an agent is responsible for misconduct if and only if it is not excused. As a result, we can study responsibility by understanding excuses. We excuse misconduct when an agent's capacities or opportunities are significantly impaired, because these capacities and opportunities are essential if agents are to have a fair opportunity to avoid wrongdoing. This conception of excuse tells us that responsibility itself consists in agents having suitable cognitive and volitional capacities - normative competence - and a fair opportunity to exercise these capacities free from undue interference - situational control. Because our reactive attitudes and practices presuppose the fair opportunity conception of responsibility, this supports a predominantly retributive conception of blame and punishment that treats culpable wrongdoing as the desert basis of blame and punishment. We can then apply the fair opportunity framework to assessing responsibility and excuse in circumstances of structural injustice, situational influences in ordinary circumstances and in wartime, insanity and psychopathy, immaturity, addiction, and crimes of passion. Though fair opportunity has important implications for each issue, treating them together allows us to explore common themes and appreciate the need to take partial responsibility and excuse seriously in our practices of blame and punishment.

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Genre : Philosophy
Author : David O. Brink
Publisher : Oxford University Press
Release : 2021-06-01
File : 360 Pages
ISBN-13 : 9780192603197


Fair Opportunity And Responsibility

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BOOK EXCERPT:

Fair Opportunity and Responsibility lies at the intersection of moral psychology and criminal jurisprudence and analyzes responsibility and its relations to desert, culpability, excuse, blame, and punishment. It links responsibility with the reactive attitudes but makes the justification of the reactive attitudes depend on a prior and independent conception of responsibility. Responsibility and excuse are inversely related; an agent is responsible for misconduct if and only if it is not excused. As a result, we can study responsibility by understanding excuses. We excuse misconduct when an agent's capacities or opportunities are significantly impaired, because these capacities and opportunities are essential if agents are to have a fair opportunity to avoid wrongdoing. This conception of excuse tells us that responsibility itself consists in agents having suitable cognitive and volitional capacities - normative competence - and a fair opportunity to exercise these capacities free from undue interference - situational control. Because our reactive attitudes and practices presuppose the fair opportunity conception of responsibility, this supports a predominantly retributive conception of blame and punishment that treats culpable wrongdoing as the desert basis of blame and punishment. We can then apply the fair opportunity framework to assessing responsibility and excuse in circumstances of structural injustice, situational influences in ordinary circumstances and in wartime, insanity and psychopathy, immaturity, addiction, and crimes of passion. Though fair opportunity has important implications for each issue, treating them together allows us to explore common themes and appreciate the need to take partial responsibility and excuse seriously in our practices of blame and punishment.

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Genre : Philosophy
Author : David O. Brink
Publisher : Oxford University Press
Release : 2021
File : 439 Pages
ISBN-13 : 9780198859468


The Oxford Handbook Of Moral Responsibility

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The Oxford Handbook of Moral Responsibility is a collection of 33 articles by leading international scholars on the topic of moral responsibility and its main forms, praiseworthiness and blameworthiness. The articles in the volume provide a comprehensive survey on scholarship on this topic since 1960, with a focus on the past three decades. Articles address the nature of moral responsibility - whether it is fundamentally a matter of deserved blame and praise, or whether it is grounded anticipated good consequences, such as moral education and formation, or whether there are different kinds of moral responsibility. They examine responsibility for both actions and omissions, whether responsibility comes in degrees, and whether groups such as corporations can be responsible. The traditional debates about moral responsibility focus on the threats posed from causal determinism, and from the absence of the ability to do otherwise that may result. The articles in this volume build on these arguments and appraise the most recent developments in these debates. Philosophical reflection on the personal relationships and moral responsibility has been especially intense over the past two decades, and several articles reflect this development. Other chapters take up the link between blameworthiness and attitudes such as moral resentment and indignation, while others explore the role that forgiveness and reconciliation play in personal relationships and responsibility. The range of articles in this volume look at moral responsibility from a range of perspectives and disciplines, explaining how physics, neuroscience, and psychological research on topics such as addiction and implicit bias illuminate the ways and degrees to which we might be responsible.

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Genre : Philosophy
Author : Dana Kay Nelkin
Publisher : Oxford University Press
Release : 2022
File : 783 Pages
ISBN-13 : 9780190679309


Responsibility And Criminal Liability

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autonomy principally in tenns of the agent's conscious choice of ends or conduct. From this, the cognitivist emphasis on mental states and their contents naturally follows. The presence of specified mental states, as signifying agent choice, thus becomes the hallmark of responsible conduct. Capacities model theorists, by contrast, interpret personal autonomy and agent responsibility in tenns of the looser notion of 'control'. From this perspective, conscious choosing is but one (highly responsible) instance of such control, and the presence or absence of mental states is primarily relevant to detennining degrees of responsibility. The examination of these two models occupies the bulk of this manuscript. Exploration of the capacities model and criticism of the orthodox view also generate treatment of legal issues such as the use of negligence liability, the nature of criminal omissions, the character of various legal defenses, and so on. Chapters 2 and 3 set out some of the thematic arguments outlined above and introduce tenninology and useful distinctions. Chapters 4 through 7 provide substantive analyses of agent responsibility and of standards of criminal liability. In these chapters, I argue for the comparative superiority of the capacities model of responsibility and offer recommendations for changes in current legal conceptions and standards of liability. Each chapter centers on an element of individual responsibility and related legal concerns. The final chapter, Chapter 8, comprises an overview of the integrated theory of responsibility and liability and its comparison with the traditional view.

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Genre : Philosophy
Author : C.T. Sistare
Publisher : Springer Science & Business Media
Release : 2012-12-06
File : 186 Pages
ISBN-13 : 9789400924406


Rethinking Equal Opportunity

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Most societies claim they support equal opportunity. But what does equal opportunity mean in practice? Beckley offers a substantive principle, disposition, and set of practices around genuine equality that rescues us from vacuous political cliches. He provides a robust understanding of equality of opportunity to better approximate justice for all.

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Genre : Philosophy
Author : Harlan Beckley
Publisher : Rowman & Littlefield
Release : 2024-03-18
File : 181 Pages
ISBN-13 : 9781538191064


Four Views On Free Will

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A lively and engaging debate between four representative views on free will, completely revised and updated with new perspectives Four Views on Free Will is a robust and careful debate about free will, how it interacts with determinism and indeterminism, and whether we have it or not. Providing the most up-to-date account of four major positions in the free will debate, the second edition of this classic text presents the opposing perspectives of renowned philosophers John Martin Fischer, Robert Kane, Derk Pereboom, and Manuel Vargas. Substantially revised throughout, this new volume contains eight in-depth chapters, almost entirely rewritten for the new edition, in which the authors state their different positions on the debate, offer insights into how their views have evolved over the past fifteen years, respond to recent critical literature in the field, and interact and engage with each other in dialogue. In the first four chapters the authors defend their distinctive views about free will: libertarianism, compatibilism, hard incompatibilism, and revisionism. The subsequent four chapters consist of direct replies by each of the authors to the other three. Offering a one-of-a-kind interactive conversation about the most recent work on the subject, Four Views on Free Will, Second Edition provides a balanced and enlightening discussion on all the key concepts and conflicts in the free will debate. Part of the acclaimed Great Debates in Philosophy series, it remains essential reading for undergraduate and graduate students, lecturers and scholars in philosophy, ethics, free will, philosophy of mind, political philosophy, law, and related subjects.

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Genre : Philosophy
Author : John Martin Fischer
Publisher : John Wiley & Sons
Release : 2024-04-01
File : 278 Pages
ISBN-13 : 9781394161966


Liberty Desert And The Market

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Are inequalities of income created by the free market just? In this book Serena Olsaretti examines two main arguments that justify those inequalities: the first claims that they are just because they are deserved, and the second claims that they are just because they are what free individuals are entitled to. Both these arguments purport to show, in different ways, that giving responsible individuals their due requires that free market inequalities in incomes be allowed. Olsaretti argues, however, that neither argument is successful, and shows that when we examine closely the principle of desert and the notions of liberty and choice invoked by defenders of the free market, it appears that a conception of justice that would accommodate these notions, far from supporting free market inequalities, calls for their elimination. Her book will be of interest to a wide range of readers in political philosophy, political theory and normative economics.

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Genre : Philosophy
Author : Serena Olsaretti
Publisher : Cambridge University Press
Release : 2004-09-23
File : 194 Pages
ISBN-13 : 9781139456104


Equal Opportunity In Apprenticeship Programs

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Genre : Apprentices
Author : United States. Congress. House. Committee on Education and Labor
Publisher :
Release : 1961
File : 200 Pages
ISBN-13 : LOC:00158940425


Responsibility Collapses

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Our worldview assumes that people are morally responsible. Our emotions, beliefs, and values assume that a person is responsible for what she thinks and does, and that this is a good thing. This book argues that this worldview is false. It provides four arguments for this conclusion that build on the free will and responsibility literatures in original and insightful ways: Foundation: No one is responsible because there is no foundation for responsibility. A foundation for responsibility is something for which a person is responsible but not by being responsible for something else Epistemic Condition: No one is responsible because no one fulfills the epistemic condition necessary for blameworthiness Internalism: If a person were responsible, then she would be responsible for, and only for, what goes on in her head. Most of the evidence for responsibility says the opposite Amount: No one is responsible because we cannot make sense of what makes a person more or less praiseworthy (or blameworthy) There is no other book that argues against moral responsibility based on foundationalism, the epistemic condition, and internalism and shows that these arguments cohere. The book’s arguments for internalism and quantifying responsibility are new to the literature. Ultimately, the book’s conclusions undermine our commonsense view of the world and the most common philosophical understanding of God, morality, and relationships. Responsibility Collapses: Why Moral Responsibility Is Impossible is essential reading for scholars and advanced students in philosophy, religious studies, and political science who are interested in debates about agency, free will, and moral responsibility.

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Genre : Philosophy
Author : Stephen Kershnar
Publisher : Taylor & Francis
Release : 2023-12-01
File : 325 Pages
ISBN-13 : 9781003817123


Moral Puzzles And Legal Perplexities

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Engages with the life and work of Larry Alexander to explore puzzles and paradoxes in legal and moral theory.

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Genre : Law
Author : Heidi M. Hurd
Publisher : Cambridge University Press
Release : 2019
File : 491 Pages
ISBN-13 : 9781316510452