In the last two chapters of his book ‘From Normativity to Responsibility’, Joseph Raz developed, in outline, an intriguing account of responsibility, which is based on what he called the Rational Functioning Principle and on the idea of a domain of secure competence. With these two ideas, Raz argued, we could best delimit the scope of ‘responsibility’ in the sense of something ‘being to one’s credit or discredit as a rational agent’. In the following, I will argue (...) that, while identifying some crucial aspects of our being agents ‘in the world’, Raz’s account does not fully capture the extent of the kind of responsibility he was interested in. In particular, unintentional failures that are due to the malfunctioning of capacities which are too unreliable to count as secure competences may well fall within the scope of responsibility thus understood. I will suggest Raz’s account should be supplemented by considerations drawn from ‘quality of will’ approaches, which can (inter alia) deal better with such cases. (shrink)

Existing institutions do not seem well-designed to address paradigmatically global, intergenerational and ecological problems, such as climate change. 1 In particular, they tend to crowd out intergenerational concern, and thereby facilitate a “tyranny of the contemporary” in which successive generations exploit the future to their own advantage in morally indefensible ways (albeit perhaps unintentionally). Overcoming such a tyranny will require both accepting responsibility for the future and meeting the institutional gap. I propose that we approach the first in terms (...) of a traditional “delegated responsibility” model of the transmission of individual responsibility to collectives, and the second with a call for a global constitutional convention focused on future generations. In this paper, I develop the delegated responsibility model by suggesting how it leads us to understand both past failures and prospective responsibility. I then briefly defend the call for a global constitutional convention. (shrink)

In his seminal paper, “Moral Luck,” Bernard Williams begins to develop an account of responsibility for unintentional aspects of our agency. It rests on a crucial distinction of success and failure, internal or external to an agent’s project. I argue that a success which results from conditions that are internal to a project is not a lucky success, nor is a failure which results from something that is internal to the project just unlucky. There is no internal luck. (...) Responsibility-defying luck is always external. An important result of this exploration is that Williams’s view opens a path for understanding responsibility neither as being concerned with reactive attitudes such as indignation or blame, nor in a common rationalist way as being based on an agent’s reason-responsiveness. Instead, responsibility depends on how a person’s actions relate to the exercise of her abilities in the pursuit of her projects and how they are integrated into her life. (shrink)

When software is written and then utilized in complex computer systems, problems often occur. Sometimes these problems cause a system to malfunction, and in some instances such malfunctions cause harm. Should any of the persons involved in creating the software be blamed and punished when a computer system failure leads to persons being harmed? In order to decide whether such blame and punishment are appropriate, we need to first consider if the people are “morally responsible”. Should any of the people (...) involved in creating the software be held morally responsible, as individuals, for the harm caused by a computer system failure?This article provides one view of moral responsibility and then discusses some barriers to holding people morally responsible. Next, it provides information about the Therac-25, a computer-controlled medical linear accelerator, and its computer systems failures that led to deaths and injuries. Finally it investigates whether two key people involved in the Therac-25 case could reasonably be considered to have some degree of moral responsibility for the deaths and injuries. The conclusions about whether or not these people were morally responsible necessarily rest upon a certain amount of speculation about what they knew and what they did. These limitations, however, should not cause us to conclude that discussions of moral responsibility are fruitless. In some cases, determinations of moral responsibility may be made and in others the investigation is still worthwhile, as the article demonstrates. (shrink)

In the Netherlands fertility doctors increasingly formulate protocols, which oblige patients to quit their unhealthy lifestyle before they are admitted to IVF procedures. We argue that moral arguments could justify parenting protocols that concern all future parents. In the first part we argue that want‐to‐be parents have moral responsibilities towards their future children to prevent them from harm by diminishing or eliminating risk factors before as well as during the pregnancy. This is because of the future children's potential to become (...) of a certain type, more specifically: a person that will be the want‐to‐be parents' child. Want‐to‐be parents intend to become pregnant and therefore have an additional moral reason to diminish the risks. Also, people who become pregnant unintentionally have the responsibility to prevent their children from harm, unless they become pregnant due to contraception failure. All people not wanting to become pregnant should use contraception methods carefully.In the second part of this paper we translate the want‐to‐be parents' responsibilities into practice. We distinguish four determinants of risk factors: modifiability, chance, severity and effort. We examine some evidence‐based risk factors based on these variables and deduce levels of responsibility.In conclusion, formulating informal requirements for want‐to‐be parents is morally required and therefore also for want‐to‐be parents in need of medical assistance. The protocols developed by fertility doctors in the Netherlands could be seen as the precursor for a general, informal Parenting Protocol that could be developed on the basis of an extended and thoroughly debated risk‐responsibility analysis. (shrink)

In the Netherlands fertility doctors increasingly formulate protocols, which oblige patients to quit their unhealthy lifestyle before they are admitted to IVF procedures. We argue that moral arguments could justify parenting protocols that concern all future parents. In the first part we argue that want-to-be parents have moral responsibilities towards their future children to prevent them from harm by diminishing or eliminating risk factors before as well as during the pregnancy. This is because of the future children's potential to become (...) of a certain type, more specifically: a person that will be the want-to-be parents' child. Want-to-be parents intend to become pregnant and therefore have an additional moral reason to diminish the risks. Also, people who become pregnant unintentionally have the responsibility to prevent their children from harm, unless they become pregnant due to contraception failure. All people not wanting to become pregnant should use contraception methods carefully.In the second part of this paper we translate the want-to-be parents' responsibilities into practice. We distinguish four determinants of risk factors: modifiability, chance, severity and effort. We examine some evidence-based risk factors based on these variables and deduce levels of responsibility.In conclusion, formulating informal requirements for want-to-be parents is morally required and therefore also for want-to-be parents in need of medical assistance. The protocols developed by fertility doctors in the Netherlands could be seen as the precursor for a general, informal Parenting Protocol that could be developed on the basis of an extended and thoroughly debated risk-responsibility analysis. (shrink)

Although blame for systemic sexual abuse in the Catholic church primarily rests with the perpetrators and institutional actors who engaged in cover-up, regular people also failed in their duties, both their secular or civil duties and their moral and religious duties. Using the language of social sin, this article examines responsibility for social sin and the structures of sin that contributed to the abuse of children within the church community. Using the tools of Catholic social teaching—especially the framework of (...) “conversion, communion, and solidarity”—the article articulates some tenets of social morality in the wake of sexual abuse and cover-up. A conversion experience is needed to see how ordinary actions unintentionally contribute to injustice and social sin, and how structures of sin lead to intentional decisions that would not otherwise be pursued. Catholic social teaching helps to provide a framework for thinking through some of the obligations of ordinary folks in the aftermath of the collective failure to protect children from abuse and the structural injustices that encouraged it to continue. (shrink)

There are certain moments, such as the American founding or the Civil Rights Movement, that we revisit again and again as instances of democratic triumph, and there are other moments that haunt us as instances of democratic failure. How should we view moments of democratic failure, when both the law and citizens forsake justice? Do such moments reveal a wholesale failure of democracy or a more contested failing, pointing to what could have been, and still might be? Public Trials reveals (...) the considerable stakes of how we understand democratic failure. Maxwell argues against a tendency in the thinking of Plato, Rousseau and contemporary theorists to view moments of democratic failure as indicative of the failure of democracy, insomuch as such thinking leads to a deference to authority that unintentionally encourages complicity in elite and legal failures to assure justice. In contrast, what Maxwell calls "lost cause narratives" of democratic failure reveal the contingency of democratic failure by showing that things "could have been" otherwise-and, with public action and response, might yet be. A politics of lost causes calls for democratic responsiveness to failure via practices of resistance, theatrical claims-making, and re-narration. Maxwell makes a powerful case for the politics of lost causes by examining public controversies over trials. She focuses on the dilemmas and diagnoses of democratic failure in four instances: Edmund Burke's speeches and writings on the Warren Hastings trial in late 18th century Britain, Emile Zola's writings on the Dreyfus Affair in late 19th century France, Hannah Arendt's writings on the Eichmann trial in 1960's Israel, and Kathryn Bigelow's recent narration of (the lack of) trials of alleged terrorist detainees in Zero Dark Thirty. Maxwell marshals her subtle, historically grounded readings of these texts to show the dangers of despairing of democracy altogether, as well as the necessity of re-narrating instances of democratic failure so as to cultivate public responsiveness to such failures in the future. (shrink)

Scientists often respond to failures to replicate by citing differences between the experimental components of an original study and those of its attempted replication. In this paper, we investigate these purported mismatch explanations. We assess a body of failures to replicate in neuroscience studies on spinal cord injury. We argue that a defensible mismatch explanation is one where a mismatch of components is a difference maker for a mismatch of outcomes, and the components are relevantly different in the (...) follow-up study, given the scope of the original study. With this account, we argue that not all differences between studies are meaningful, even if they are difference makers. As our examples show, focusing only on these differences results in disregarding the representativeness of the original experiment’s components and the scope of its outcomes, undercutting other epistemic aims, such as translation, in the process. (shrink)

I argue that recent rationalists' accounts of a priori knowledge suffer from two substantial weaknesses: an inadequate phenomenology of a priori insight , and the error of psychologism. I show that Husserl's theory of a priori knowledge presents a defensible and viable alternative for the contemporary rationalist, an alternative that addresses both the ontology and phenomenology of rational intuition, as well as such contemporary concerns as the possibility and character of a priori error, the empirical defeasibility of a priori claims, (...) the relation of mind to necessity, and the role of conception and imagination in a priori knowledge. Consequently, I conclude that Husserl's theory provides the needed response to the 20 th century critique of rationalism, and its attendant a priorism, as mysterious and obscure. (shrink)

As we become more aware of the various problems associated with technologically mediated meat production , we also confront a variety of technologically mediated potential fixes . Rather than comparing bad and good technologies in the context of meat, I want instead to explore the dynamics of the human-animal relationships expressed within specific approaches. This method, I suggest, illustrates the technological aspects of the relationships, which reflect an orientation to the world that mediates human interaction with the environment. It also (...) helps to show that the more we try to take responsibility for those bodies—in terms of knowledge, in terms of energy—the more we require the environment to reflect our conditions and the less tolerant we become of failure. (shrink)

In July 2008, Pacific Rim Mining, a socially responsive Canadian gold mining Multinational Corporation (MNC) with $77 million invested in El Salvador, experienced a 30% decline in stock price when it suspended exploration drilling for gold there. In April 2009, the company filed a lawsuit against the government of El Salvador through Central American Free Trade Agreement to recover its investments plus damages. This corporate failure is explored based on: (1) four globalization economic development models, (2) the social, political, and (...) economic history of El Salvador, (3) the El Salvador gold mining industry, and (4) social movement reactions to international mining companies. MNCs must carefully engage "Social Justice" Nongovernment Organizations when pursuing economic development projects to ensure a nation's successful integration into the global economy. (shrink)

Today there is a growing wave of demands being placed upon the pharmaceutical industry to contribute to improved access to medicines for poor patients in the developing countries. 1 This article aims to contribute to the development of a systematic approach and broad consensus about shared benchmarks for good corporate practices in this area. A consensus corridor on what constitutes an appropriate portfolio of corporate responsibilities for access to medicines -especially under conditions of 'failing states' and 'market failure' 2 – (...) is not only in the interest of the world's poor, but also of corporations that want to contribute to the solution of one of the most significant social problems of our time. (shrink)

Pure causal theories of reference cannot account for cases of theoretical term reference failure and do not capture the scientific point of introducing new theoretical terminology. In order to account for paradigm cases of reference failure and the point of new theoretical terminology, a descriptive element must play a role in fixing the reference of theoretical terms. Richard Boyd's concept of theory constituitive metaphors provides the necessary descriptive element in reference fixing. In addition to providing a plausible account of reference (...) failure and success, a metaphor approach to reference fixing provides the basis for a plausible realist account of the progress of science. Indeed, the metaphor approach undermines the sceptical force of the meta-induction and Laudan's objections to scientific realism. (shrink)

That we are morally responsible for what we do willingly and knowingly is a commonplace. That our moral responsibility extends as far as to cover at least the intended consequences of our voluntary actions and perhaps also the ones we did not intend, but could or did foresee, is equally beyond dispute. But what about omissions? Are we, or can we be, (equally) morally responsible for the harm that has occured because we did not prevent it, even though we (...) could have done so? Say, for all the enormous suffering, caused daily by famine, deprivation and curable diseases in the Third World countries? Moral intuitions and practices that one could consult in this matter seem to leave us in the dark. We regularly ascribe responsibility to people for harms resulting from their negligence or failure to fulfill professional duties. On the other hand, we tend to think that unless there is some evidence of the causal contribution that agents made to a harmful event and/or state, it is not really fair to blame it on them. And finally, to complicate things even more, most of us deny that omissions could effect anything (any change) in the world and consequently regard them as causally impotent (as well as possibly harmless). (shrink)

This paper has a two-fold goal. First, I defend the view that the prejudicial behaviour that results from implicit biases is best understood as a type of habitual action—as a harmful, yet deeply entrenched, passively acquired, socially relevant type of habit. Second, I explore how characterizing such implicitly biased behaviour as a habit aids our understanding of the responsibility we bear for it. As habits are ultimately susceptible of being controlled, agents ought to be held responsible for their implicit (...) biased actions. Yet, the blaming response should target agents only insofar as they have failed (while being able) to develop a particular kind of ability: the ability to spot the kind of situations that require the exercise of the relevant intellectual, moral, social, and prudential obligations. Being thus responsible, however, is consistent with the agent’s not being blameworthy. For the automaticity of the blamed agent’s implicitly biased behaviour makes it unintentional relative to intellectual, moral, social, and prudential values that she already cares about. (shrink)

Knobe wants to help adjudicate the philosophical debate concerning whether and under what conditions we normally judge that some side effect was brought about intentionally. His proposal for doing so is perhaps an obvious one--simply elicit the intuitions of "The Folk" directly on the matter and record the results. Knobe concludes that people's judgment that a side effect was brought about intentionally apparently rests, at least in part, upon how blameworthy they find the agent responsible for it. Knobe's appreciably straightforward (...) approach to this question does not settle the matter, however. Simply raising that question can itself affect our evaluation of the side effect in question as either something good or something bad. As a result, Knobe's experiments effectively bias subjects' responses toward judging the given side effects more negatively than they might have otherwise. Subjects failed to assign a high level of praise for good side effects because taking into account whether they were brought about intentionally or unintentionally makes them suspect. 2012 APA, all rights reserved). (shrink)

I have recently published a book to which I gave the title: Is Bad Philosophy Responsible for the Climate Crisis? But this proved to be too inflammatory for Palgrave Macmillan, and they changed it to the anodyne The Philosophy of Inquiry and Global Problems: The Intellectual Revolution Needed to Create a Better World. In the book I argue that academic philosophy has a certain responsibility for the failure of humanity to put a stop to the climate and nature crises, (...) in failing even to notice that a bad philosophy of inquiry dominates academic inquiry – one that prevents universities from engaging actively with the public domain to ensure action is taken to prevent the climate and nature crises from developing, or intensifying. The Philosophy of Inquiry and Global Problems spells out what has gone wrong that has reduced academic philosophy to its present pitiful state, and what needs to be done to restore philosophy so that it becomes again a discipline with profoundly fruitful intellectual and humanitarian implications. This Opinion Piece is the Preface to the published book. (shrink)

Milton Friedman has argued that corporations have no responsibility to society beyond that of obeying the law and maximizing profits for shareholders. Individuals may have social responsibilities according to Friedman, but not corporations.When executives make contributions to address social problems in the name of the corporation, they are doing so with other people''s (shareholders'') money. The responsibility of corporate executives is a fiduciary one, to serve as an agent for the corporation''s shareholders, and to uphold shareholders'' trust, which (...) requires executives to maximize the return to their shareholders, who can then, if they choose, contribute their own money to worthy causes. (shrink)

Prison officers play a vital role in shaping prison conditions. Assessing their responsibility for, and potential role in reforming, the prison's failures is an urgent and important task in corrective justice efforts. This article takes up this task, with a focus on the US prison context, by applying and critically examining two general theories of institutional action: the ‘outward’ perspective, which emphasizes rule‐following to achieve institutional purposes, and the ‘inward’ perspective, which brings to the fore the relational aspect (...) of institutional life and officeholders' interrelated responsibility for guiding institutional action. After presenting the prison's purpose and its documented failures in Section 2, I frame the ordinary liberal reformist approach in terms of the outward perspective in Section 3, and outline a more promising public ethic of office accountability with the inward perspective in Section 4. I sketch in Section 5 a third, ‘downward’ perspective to challenge both, given their neglect of the prison staff culture and the broader epistemically unjust landscape that deem incarcerated people dangerous and untrustworthy. I conclude that to correct the prison's dysfunctions and achieve its raison d'être, we need to distrust officers. (shrink)

My aim in this paper is to explore the idea of human moral responsibility for (the outcomes) of natural disasters. First, I discuss the claim that there is often a human causal contribution to negative outcomes of even such paradigmatic natural disasters as earthquakes, typhoons, and volcano eruptions. Second, I attempt to move away from discussions attributing human causal responsibility to discussions attributing human moral responsibility for such outcomes (and to the obstacles to such attributions). I suggest (...) that in most (perhaps even all) cases of moral responsibility for the outcomes of natural disasters moral responsibility is grounded in culpable negligence, including culpable failure to prevent the side-effects of our actions or omissions. (shrink)

We thank the commentators for their thoughtful engagement with our paper.1 In different ways, they make the same substantial point: our suggested interventions are not enough to solve the problems of organisational failure. On this we wholeheartedly agree. Organisational failure in healthcare is complex and multifaceted, it cannot be solved by one intervention in medical education. We did not intend to imply that our proposals alone would solve organisational failure, and this positioning misconstrues the aims of our paper. We had (...) more modest ambitions, we wanted to shift the analytical emphasis away from the individual and explore the implications raised by our analysis for our piece of the jigsaw—medical education. Having stepped away from such grand claims, the commentators make some valid points to which we would like to respond more specifically. Jesudason makes the distinction that normalisation of deviance (NoD) is well suited to understand institutional misfeasance but not malfeasance.2 We are inclined to agree; NoD can do some things but not all. Likewise, …. (shrink)

Public discussion of sexual victimization has intensified within the US context and globally. One noteworthy feature of recent public discourse in the US is that it calls for a broadening of responsibility with respect to both the parties involved and the forms of sexual victimization for which people are held to account. Yet often the narratives about responsibility and practices of responsibility-taking that dominate in this discussion remain individualizing and penalizing. This essay takes stock of the myriad (...) failures of responsibility for sexual injustices in these existing practices and narratives. The first section outlines four philosophical objections to common ways of thinking about responsibility. The second section extends these objections by analyzing the dominant neoliberal narrative framework for responsibility so as then to critique how responsibility is thought about and practiced in relation to sexuality. Finally, given the failures of these narratives and practices, the third section elaborates an alternative that can redress them: an intersectional feminist account of responsibility for sexual injustices that is nonpunitive and takes responsibility to be an intentional practice of altering social relations. (shrink)

Reimer ( Neuroethics 2008 ) believes that how we use language to characterize psychopathy may affect our judgments of moral responsibility. If we say a psychopath has a disorder we may reduce their responsibility for moral failure. If we say a psychopath is merely different, we may not reduce their responsibility. Vincent ( Neuroethics 2008 ) argues that if this were the case, a diagnosis of disorder would be both necessary and sufficient to reduce the responsibility (...) of some agent for moral failure. Vincent presents two examples to suggest that a disorder is neither necessary nor sufficient to exculpate an individual for moral failure: childhood and hypomania. Vincent suggests instead that our judgments of moral responsibility ought to be based on the individual’s capacity for moral agency. I will side with Vincent in this debate, but argue that the example she uses, hypomania, does not work. I will argue that a diagnosis of hypomania, part of Bipolar II Disorder, is sufficient to exculpate an individual for some moral failure. This is because there are responsibility-relevant capacities missing: the capacities for self-awareness and to control ones abilities. Without these capacities, the individual is not a responsible moral agent. Vincent will need to provide an alternative example to show that the presence of a disorder is not sufficient to exculpate an individual for moral failure. Whilst our use of language is important, that use reflects our judgments of the individual’s capacities for moral agency. Responsibilities are determined not only by capacities, but by the right kind of capacities, and this should be reflected in our moral judgments, and our use of language. (shrink)

Working out a Kantian theory of moral responsibility for animals2 requires the untying of two philosophical and interpretive knots: i.) How to interpret Kant’s claim in the important “episodic” section of the Doctrine of Virtue that we do not have duties “to” animals, since such duties are only “with regard to” animals and “directly to” ourselves; and ii.) How to explain why animals don’t have rights, while human beings who (currently or permanently) don’t have sufficient reason for moral (...) class='Hi'>responsibility do have rights. At the heart of the problem lies the philosophical challenge of whether a Kantian account of moral responsibility for animals can take the animals themselves into account in the right way, that is, without utilizing arguments that (wrongly) presuppose that non-human animals are moral agents or can be morally responsible for their actions. The task of untying these two knots is the aim of this chapter. I start by defending Kant’s general claim that our duties regarding animals are not “to” them, but rather “with regard to” them. Relations between human and other animals are not relations between two kinds of moral beings, since animals are not capable of the kind of consciousness, in particular the reflective self-consciousness moral being requires. Instead the more complex human-animal relations are affectionate, social relations to which humans can and sometimes should relate morally. This is why these moral duties are “direct” only to ourselves; we are the only ones in the relations that can be morally responsible for them. Correspondingly, respect (in Kant’s precise sense of the word) is a distinctly reflective, moral emotion internal to the specific normative orientation we have only to beings that can be truly free (reflectively self-conscious), and so, to human beings; morality and respect single out how we regard ourselves and other human beings capable of freedom. As we will see, Kant has a consistent and not counter-intuitive account of why we have the moral attitudes we do about animals and of how it is that these attitudes have the appearance of being about the animals themselves. In addition, Kant can explain why it doesn’t follow from this that these moral attitudes arise from attributing moral rights to the animals themselves. Central to this interpretation is Kant’s Religion, as it contains an account of human nature that adequately explains why we have the positive attitudes we do towards animals; similarly, the Religion contains an account of human evil that explains why we consider other occasions of attitudes towards animals as genuine examples of moral failure. Hence, the Religion is central to understanding why Kant’s approach to animals is neither internally inconsistent nor counter-intuitive. (shrink)

Humans must take moral and criminal responsibility for making a free choice between good and evil, according to Chŏng Yakyong, and this view was influenced by Matteo Ricci. Choosing to commit an evil action means committing a willful crime, so one must take responsibility for this action in the form of punishment. However, unintentional wrongdoings can be forgiven. For example, a man stealing to survive or killing a robber in order to live should not be punished, because (...) these individuals have no choice but to do so. Those claims of Chŏng are his own creation, not influenced by Ricci or Confucianism. By contrast, the idea that a child’s intentional hiding of his father’s crime should not be punished because of the child’s duty of filial piety was influenced by Confucianism. However, a large crime committed by a child on the basis of filial piety, such as committing murder to rescue one’s mother, only lends cause for commutation. Unlike Chŏng, Ricci regarded a child’s act of stealing bread to feed his family as an action of evil rather than an act of filial piety, since theft is an evil action. (shrink)

In this paper, I borrow Neil Levy’s account of bad beliefs as a starting point to discuss how the social turn in epistemology affects our understanding of the formation, persistence, and spreading of conspiracy beliefs. Despite the recent convergence of philosophers and psychologists on the importance of studying the social dimensions of cognition, current models of conspiracy beliefs differ substantially as to the role that agents have in adopting and maintaining conspiracy beliefs. As a result, the proposals also differ in (...) the remedial strategies they recommend. Here I endorse an integrative approach, which I call “agency in context”, combining explanations of bad believing in terms of the agent’s cognitive habits and information processing with societal failures in providing the support agents need to recognize marks of epistemic authority in sources of information and acquire the critical skills for the evaluation of competing explanations. (shrink)

This article puts Bernhard Waldenfels’ phenomenology of the alien in conversation with Michel Foucault’s hermeneutics of the self through a synthetic reading of Christian confessional scenes. The confessional scenes through which Foucault develops a hermeneutics of the confessing self can be read via Waldenfels as failures in responsiveness on the part of the spiritual master/elders. This allows the confessional scenes to be approached as intersubjective encounters, which broadens the angle of analysis beyond Foucault’s focus on confession as self-interpretive event. (...) At the same time, these encounters provided a rich, textured basis on which to consider what it looks like when Waldenfels’ phenomenological structure of call and response breaks down. The upshot of this analysis is that, on the one hand, it retains Foucault’s central contribution in providing tools to analyze the prospects for the self in light of the ethical failures of dominance. On the other hand, it shows that the whole confessional setting in which Foucault develops his hermeneutical understanding of the self is circumscribed by its failure to produce a fundamental ethical gesture, such that other selves, or versions of the self, might be possible when that gesture is in place. (shrink)

This paper offers the concept of “justice failure,” as a counterpart to the familiar idea of market failure, in order to better understand managers’ ethical obligations. This paper takes the “market failures approach” to business ethics as its point of departure. The success of the MFA, I argue, lies in its close proximity with economic theory, particularly in the idea that, within a larger scheme of social cooperation, markets ought to pursue efficiency and leave the pursuit of equality to (...) the welfare state. As a result, the core ethical responsibility of business actors is to avoid profiting off of market failure. After reviewing this approach I challenge its emphasis on efficiency. I argue that just as we note the suboptimal efficiency of actual markets, we should also take seriously the suboptimal equality of actual welfare states. Taking this idea seriously results in a whole other set of ethical responsibilities for businesses to take into account; in addition to market imperfections and regulatory lacunae, managers should also avoid profiting from, and exacerbating, structural inequalities and injustices. I offer an outline of the kinds of injustices and inequalities that would have bearing on business ethics, and the kinds of ethical responsibilities that this approach suggests that business actors should take into account. (shrink)

The U.S. Food and Drug Administration's rationale for supporting the development and approval of BiDil for heart failure specifically in black patients was based on under-powered, post hoc subgroup analyses of two relatively old trials , which were further complicated by substantial covariate imbalances between racial groups. Indeed, the only statistically significant difference observed between black and white patients was found without any adjustment for potential confounders in samples that were unlikely to have been adequately randomized. Meanwhile, because the accepted (...) baseline therapy for heart failure has substantially improved since these trials took place, their results cannot be combined with data from the more recent trial amongst black patients alone. There is therefore little scientific evidence to support the approval of BiDil only for use in black patients, and the FDA's rationale fails to consider the ethical consequences of recognizing racial categories as valid markers of innate biological difference, and permitting the development of group-specific therapies that are subject to commercial incentives rather than scientific evidence or therapeutic imperatives. This paper reviews the limitations in the scientific evidence used to support the approval of BiDil only for use in black patients; calls for further analysis of the V-HeFT I and II data which might clarify whether responses to H-I vary by race; and evaluates the consequences of commercial incentives to develop racialized medicines. We recommend that the FDA revise the procedures they use to examine applications for race-based therapies to ensure that these are based on robust scientific claims and do not undermine the aims of the 1992 Revitalization Act. (shrink)

Over the last twenty years, the idea that climate change – and indeed global environmental change more generally – is fundamentally a moral challenge has become mainstream. But most have supposed that the challenge is one of acting morally, rather than to our morality itself. Dale Jamieson is a notable exception to this trend. From the earliest days of climate ethics, he has argued that successfully addressing the problem will involve a fundamental paradigm shift in ethics. In general, Jamieson believes (...) that our current values evolved relatively recently in “low-population-density and low-technology societies, with seemingly unlimited access to land and other resources,” and so are ill-suited to a globalized world. More specifically, he asserts that these values include as a central component an account of responsibility which “presupposes that harms and their causes are individual, that they can be readily identified, and that they are local in time and space.” But, he claims, global environmental problems such as climate change fit none of these criteria, so that a new value system is needed, one which addresses “fundamental questions” about “how we ought to live, what kinds of societies we want, and how we should relate to nature and other forms of life.” In particular, he declares that there is little hope of success without direct appeal to a hitherto underappreciated “duty of respect for nature.” In my view, Jamieson is right to question the adequacy of conventional ethical thinking for addressing global environmental problems. However, I also contend that the situation with respect to responsibility is less clear cut than he suggests. In this paper, I offer several objections to Jamieson’s main arguments, and propose an alternative, less revisionary, account of our predicament. Nevertheless, I also suggest that much of the spirit of Jamieson’s position remains intact, so that my proposal is more of a “friendly amendment” to his view than an outright rejection of it. According to this amendment, climate change involves a failure of our attempts to delegate responsibility to political institutions charged with acting on our behalf. Such failures are jarring, since they throw many of our normal practices into doubt, and threaten to restore to us demanding social burdens to which we have become largely unaccustomed. This situation need not cast doubt on our basic account of ethical responsibility. Indeed, that account helps to illuminate what is going on. Still, it does imply that we face a large (although somewhat familiar) moral and political challenge. (shrink)

Using a new method, we examined whether incidental perception of need-rewarding (positive) objects unintentionally prepares motor action. Participants who varied in their level of need for water were presented with glasses of water (and control objects) that were accompanied by go and no-go cues that required a response (key-press) or withholding a response. Importantly, if need-rewarding objects unintentionally prepare action, presentation of no-go cues should lead to motor inhibition of these prepared motor impulses. Consistent with this hypothesis, results showed that (...) participants relatively high in need for water (and hence, who perceive water as a rewarding, positive object) were slower to react to a successive action probe after withholding a response during perception of water than during perception of the control object, suggesting motor inhibition of unintentionally prepared motor impulses. We propose that incidental perception of need-rewarding objects unintentionally potentiates preparation of motor action to these objects. (shrink)

Amid neglect of patients’ contribution to error has been a failure to ask whether patients are morally responsible for their errors. This paper aims to help answer this question and so define a worthy response to the errors. Recent work on medical errors has emphasised system deficiencies and discouraged finding people to blame. We scrutinise this approach from an incompatibilist, agent causation position and draw on Hart’s taxonomy of four senses of moral responsibility: role responsibility; capacity responsibility; (...) causal responsibility; and liability responsibility. Each sense is shown to contribute to an overall theoretical judgment as to whether patients are morally responsible for their errors . Though how to weight the senses is unclear, patients appear to be morally responsible for the avoidable errors they make, contribute to or can influence. (shrink)

This paper reviews three social scientific accounts of the civic sector's role in society: the government failure, contract failure, and voluntary failure theories. All three explain the role of nonprofit organizations as compensating for the market's failure to provide certain collective goods. This approach involves a radical misinterpretation of the underlying principles of civic sector organizations. An account is needed that explains their economy in terms of their normative concerns, rather than explaining normative concerns in terms of their economy. I (...) lay a foundation for such an account by examining the self-understanding among civic sector organizations that they should be "mission-driven," and the implications of this self-understanding for the sector as a "social economy." Whereas "mission-drivenness" calls attention to service-provision, resource-sharing, and open communication as the normative core of civic sector organizations, the notion of a "social economy" suggests a recirculation of money into channels where standard economic logic no longer holds. The key to the civic sector's role lies not in responses to market failure, but in the short-circuiting of a money-driven capitalist economy. (shrink)

Fraudulent financial reporting, financial statements with errors so material as to require restatement, and biased reporting marred by defects such as managed earnings have plagued financial reporting in many countries in recent years. All of those failures are ethics failures that represent breaches of fiduciary duties by individuals who accepted responsibilities but did not fulfill them. The financial reporting system practiced in America is viewed by the parties involved in it as generally satisfactory. However, according to another view, (...) the interests of those primarily and secondarily responsible for those reports conflict with the interests of the intended beneficiaries, or users, of the corporate financial statements. A more realistic view of the actual operation of that reporting system shows that it is fundamentally flawed. Primary responsibility for failures rests with top management and financial management of the reporting corporation who are so strongly motivated to render favorable reports on their stewardship that they neglect their fiduciary responsibilities to investors. Secondary responsibility falls on independent auditors who are so heavily influenced by enterprise management that they, too, fail in carrying out their responsibilities to users of the audited financial statements. Ethics compromises are also found in the performances of academic accountants and members of accounting standards-setting bodies. The conflict between managements interest in reporting its performance in a favorable light and investors interest in decision-useful financial information will always exist and require regulation. However, changes in those regulations and in the basic governance arrangements involving shareholders, management, and auditors could reduce the opportunities and temptations for failures in carrying out fiduciary responsibilities. Most importantly, the close relationships between auditors and management must be loosened in favor of closer relationships between auditors and investors. (shrink)

On an account of virtue as skill, virtues are acquired in the ways that skills are acquired. In this paper I focus on one implication of that account that is deserving of greater attention, which is that becoming more skillful requires learning from one’s failures, but that turns out to be especially challenging when dealing with moral failures. In skill acquisition, skills are improved by deliberate practice, where you strive to correct past mistakes and learn how to overcome (...) your current limitations. A similar story applies to virtue acquisition, as moral failures will be a part of anyone’s life, and we will all have to learn from these experiences. However, despite the importance of being able to learn from our mistakes, this is very difficult in practice, given that failure of any kind can be distressing, and especially so for moral failure. The distress created by a recognition of moral failure often prompts responses of anger, avoidance, or defensiveness; rather than attempts to make amends and when necessary to work on self-improvement. The most potentially distressing response to moral failure is shame, as it is often associated with defensiveness. It is here where emotion regulation will be important to manage that distress, and I focus on the skill of emotion differentiation. I argue that emotion differentiation is a promising strategy for distinguishing the emotions we may experience in the wake of failure, including shame, and to encourage those emotions that motivate self-improvement. Thus, emotion regulation is important for virtue acquisition. (shrink)

Many political theorists take the phenomenon of market failure to show that arguments for libertarianism fail in a straightforward way. This chapter explains why the most common form of this objection depends on invalid reasoning, and why a more sophisticated examination of the relevant economics has led most contemporary economists and policy experts to a view that might be called Default Libertarianism, according to which the strong default for public policy—even in response to market failures—should be toward decentralized, pro-individual (...) freedom policies that involve minimal government intervention in markets. Some experts (but by no means all) similarly believe that even in the face of substantial market failures, libertarian policies are generally best all things considered. This shift toward more libertarian policy represents an important change from the middle of the twentieth century. This chapter explains the structure of the arguments that have led to this shift. (shrink)

The suggestion that philosophers are responsible for global warming seems, on the face of it, absurd. However, that we might cause global warming has been known for over a century. If we had had in existence a more rigorous kind of academic inquiry devoted to promoting human welfare, giving priority to problems of living, humanity might have become aware of the dangers of global warming long ago, and might have taken steps to meet these dangers decades ago. That we do (...) not have academic inquiry of this type, giving priority to problems of living and able to warn humanity of the impending disaster of global warming, is the result of a philosophical mistake – a mistake about what constitutes rigorous intellectual inquiry. This is a mistake of philosophers. Thus philosophers, in failing to grasp the profound intellectual and humanitarian failings of academia as it is at present organized (the outcome of implementing a seriously defective philosophy of inquiry) can perhaps be said to be responsible for global warming. (shrink)

Mainstream ethical debates concerning responsibility for climate change tend to overemphasise emissions and consumption while ignoring or downplaying the structural drivers of climate change and vulnerability. Failure to examine the political-economic dynamics that have produced climate change and made certain people more susceptible to its harms results in inapposite accounts of responsibility. Recognition of the structural character of the problem suggests duties beyond emissions reduction and redistribution – including, potentially, a responsibility to fundamentally restructure our political and (...) economic institutions. (shrink)

The present paper intends to clear the way to considering all psychopathology as responses to failures in the human environment by examining three common sources of error in scientific reasoning about psychopathology: the false identification of "biological considerations" with the sub-interest of organic pathology, the idea that a person could be genetically predisposed or vulnerable to psychopathology, the failure to distinguish between causal forms of explanation and explanation based upon connections of meaning and significance. For convenience, the omnibus term (...) "environmental failure-oppression" is introduced to refer to the totality of possible failures in the human environment. (shrink)

This paper offers a critique of the emphasis on anti-futurity and failure prevalent in contemporary queer theory. I argue that responsibility for climate change requires commitments to futures that are queer, crip, and feminist. A queer crip feminist commitment to the future is, I contend, informed by radical hope.

We are more used to thinking of medicine in relation to the ways that it alleviates the effects of violence. Yet an important thread in the academic literature acknowledges that medicine can also be responsible for perpetuating violence, albeit unintentionally, against the very individuals it intends to help. In this essay, I discuss definitions of violence, emphasizing the importance of understanding the term not only as a physical perpetration but as an act of power of one person over another. I (...) next explore the paradox of a healing profession that is permeated with violence sometimes necessary, often unintentional, and almost always unrecognized. Identifying the construct of “physician arrogance” as contributory to violence, I go on to identify different manifestations of violence in a medical context, including violence to the body; structural violence; metaphoric violence; and the practice of speaking to or about patients (and others in the healthcare system in ways that minimize or disrespect their full humanity. I further suggest possible explanations for the origins of these kinds of violence in physicians, including the fear of suffering and death in relation to vicarious trauma and the consequent concept of “killing suffering”; as well as why patients might be willing to accept such violence directed toward them. I conclude with brief recommendations for attending to root causes of violence, both within societal and institutional structures, and within ourselves, offering the model of the wounded healer. (shrink)

What is it to take responsibility for a moral failure? This chapter investigates taking responsibility for wrongdoing. It starts by considering a prominent view in the literature: that to take responsibility for a wrong is to blame oneself for it. Contrary to the self-blame account, it is argued that taking responsibility and self-blame can come apart in various ways. Instead, the normative footprint account is defended. It is suggested that wrongdoing changes the normative landscape in systematic (...) ways: it can create duties to apologize, to acknowledge the wrong done, to make amends, to respond to the wronged party’s upset. To take responsibility for a wrong is to own the normative consequences of one’s wrong. (shrink)

Is it ever possible for people to act freely and intentionally against their better judgement? Is it ever possible to act in opposition to one's strongest desire? If either of these questions are answered in the negative, the common-sense distinctions between recklessness, weakness of will and compulsion collapse. This would threaten our ordinary notion of self-control and undermine our practice of holding each other responsible for moral failure. So a clear and plausible account of how weakness of will and self-control (...) are possible is of great practical significance. Taking the problem of weakness of will as her starting point, Jeanette Kennett builds an admirably comprehensive and integrated account of moral agency which gives a central place to the capacity for self-control. Her account of the exercise and limits of self-control vindicates the common-sense distinction between weakness of will and compulsion and so underwrites our ordinary allocations of moral responsibility. She addresses with clarity and insight a range of important topics in moral psychology, such as the nature of valuing and desiring, conceptions of virtue, moral conflict, and the varieties of recklessness (here characterised as culpable bad judgement) — and does so in terms which make their relations to each other and to the challenges of real life obvious. Agency and Responsibility concludes by testing the accounts developed of self-control, moral failure, and moral responsibility against the hard cases provided by acts of extreme evil. (shrink)

The notion of responsible innovation suggests that innovators carry additional responsibilities beyond those commonly suggested. In this paper, we will discuss the meaning of these novel responsibilities focusing on two philosophical problems of attributing such responsibilities to innovators. The first is the allocation of responsibilities to innovators. Innovation is a process that involves a multiplicity of agents and unpredictable, far-reaching causal chains from innovation to social impacts, which creates great uncertainty. A second problem is constituted by possible trade-offs between different (...) kinds of responsibility. It is evident that attributing backward-looking responsibility for product failures diminishes the willingness to learn about such defects and to take forward-looking responsibility. We will argue that these problems can be overcome by elaborating what it is exactly that innovators are responsible for. In this manner, we will distinguish more clearly between holding responsible and taking responsibility. This opens a space for ‘supererogatory’ responsibilities. Second, we will argue that both innovation processes and outcomes can be objects of innovators’ responsibility. Third, we will analyze different kinds of responsibility and show that the functions of their attribution are not necessarily contradictory. Based on this conceptual refinement, we will argue that accountability, responsibility-as-virtue and the willingness to take responsibility are crucial for responsible innovation. (shrink)

Prosocial compensation is a corporate social responsibility practice that involves donating money to a charitable cause on behalf of customers as a means to compensate them for their loss after a service failure. In order to determine the effectiveness of PC, we carried out three experiments while also comparing its effectiveness within private and public settings. Experiment 1 focused on the signaling effects of communicating the promise to offer PC to potential customers in the event of service failure. Results (...) show that, in both private and public settings, PC has positive effects on corporate image, credibility, and word-of-mouth intent. More significantly, PC improved one’s CSR image, whereas more tangible compensation, such as a gift voucher, did not. Experiments 2A and 2B focused on the effects of offering PC after a service failure on perceptions of justice. Results show that PC contributes to perceived distributive justice, procedural justice, and post-recovery satisfaction in both private and public settings. Our study showed that PC could be a relevant new CSR practice for organizations wanting to enhance theirs CSR image while contributing to fulfilling their ethical and philanthropic CSR responsibilities. We discuss the implications of our findings and offer several avenues for follow-up research on this initial study on PC. (shrink)

International organisations are actors capable of bearing moral responsibilities and ought to be accountable for their failures in doing so. However, we should understand these responsibilities and respond to their failures in the light of fuller considerations about morality and the common good. The article argues that the international community should ensure victims are attended to, but also that defaulting institutions may themselves need rehabilitation for different kinds of international common purposes to be achievable. Further, the ways in (...) which both goals are agreed and undertaken must recognise multiple perspectives, else the possibilities for durable peaceable cooperation internationally will be damaged. Even in a world of plural views, we can find sufficient proximity on matters of ‘good’ and ‘bad’ to move toward further agreement. Drawing on Braithwaite, Rawls, and Sunstein, the article argues we should search out and build on such ‘islands of agreement’ on wrongs in international life and on mutually respectful ways of responding to them. (shrink)

ABSTRACT This article explores the complexity of classroom interaction between teachers and unaccompanied teenagers seeking asylum in Norway. These teenagers find themselves within legal and political ‘grey areas’ where educational goals specific to their extreme situations are unavailable to them, and they end up being either forgotten in the system or closely monitored for possible failure. Their teachers encounter these teenagers in their realities; new to a culture, new language, new ways of being and doing, in addition to past traumatic (...) experiences and overt monitoring by authorities. These unaccompanied teenagers have varied school experiences, lacking in many ways the cultural and educational knowledge in addition to language competencies needed to be in a high school. We explore what it might mean to teach in such circumstances where unresolvable dilemmas exist within a political school system that is ambivalent towards them and seems to be setting them on an exclusion trajectory within schools. Based on interviews with teachers and observations in two high schools on the west coast of Norway, we describe and interpret anecdotal narrative examples in the light of the continental phenomenology of practice methodology. We explore the existential educational possibilities that lie in moments when teaching appears to have failed, teachers seem not to know what to do, what kind of responsibility to take, or what kind of repercussions their actions might have on their students. The article argues that when education is controlled to the degree of possible outcomes, it thwarts meaningful encounters that would have been possible between the teachers and their young students. (shrink)