Against Blameless Wrongdoing

I argue against the standard view that it is possible to describe extensionally different consequentialist theories by describing different evaluative focal points. I argue that for consequentialist purposes, the important sense of the word act must include all motives and side effects, and thus these things cannot be separated.     

Individual Complicity in Collective Wrongdoing

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.     

Desert for Wrongdoing

Much government and personal conduct is premised on the idea that a person made thereby to suffer deserves that suffering thanks to prior wrongdoing by him. Further, it often appears that one kind of suffering is more deserved than another and, in light of that, conduct inflicting the first is superior, or closer to being justified than conduct inflicting the second. Yet desert is mysterious. It is far from obvious what, exactly, it is. This paper offers and argues for a theory of comparative desert. It offers an account of the conditions under which one harm is more deserved for past wrongdoing than another. The theory offered here can be stated, roughly, like so: One harm is more deserved for a wrongful act than another if, in light of it more than the other, the act is supported by reasons for the agent in a way similar to the way it ought to have been supported by reasons for him. The central task of the paper is to explain, elaborate and offer an argument for this theory. The paper also shows that, under the theory, differences in culpability—as between, for instance, intentionally rather than knowingly bringing about a harm—make a difference to desert. And the paper shows that under the proposed theory it is easier for the state to justify inflicting a punishment that is more deserved than it is to justify inflicting a punishment that is less deserved.     

Benefiting from Wrongdoing and Moral Protest

Ethical Theory and Moral Practice - Some normative theorists believe that there is a principled moral reason not to retain benefits realized by injustice or wrongdoing. However, critics have argued...     

Being Fully Excused for Wrongdoing

On the classical understanding, an agent is fully excused for an action if and only if performing this action was a case of faultless wrongdoing. A major motivation for this view is the apparent existence of paradigmatic types of excusing considerations, affecting fault but not wrongness. I show that three such considerations, ignorance, duress and compulsion, can be shown to have direct bearing on the permissibility of actions. The appeal to distinctly identifiable excusing considerations thus does not stand up to closer scrutiny, undermining the classical view and giving us reason to seek alternative ways of drawing the justification/excuse distinction.     

Pleasure and Illusion in Plato

Plato links pleasure with illusion, and this link explains his rejection of the view that all desires are rational desires for the good. The Protagoras and Gorgias show connections between pleasure and illusion; the Republic develops these into a psychological theory. One part of the soul is not only prone to illusions, but also incapable of the kind of reasoning that can dispel them. Pleasure appears good; therefore this part of the soul (the appetitive part) desires pleasures qua good but ignores reasoning about what is really good. Hence the new moral psychology of the Republic , not all desires are rational, and thus virtue depends on bringing one's non-rational desires under the control of reason.     

Involuntary competence

This article addresses whether the state has the right to medicate involuntarily a defendant who is incompetent either to plead guilty or to stand trial for the purpose of restoring legal competence. It first presents the constitutional background concerning incompetence and the right of prisoners generally to refuse psychotropic medication. Then the article examines the individual and state interests that must be considered to decide specifically whether the state may involuntarily medicate a criminal defendant solely for the purpose of restoring competence. Although the individual interests are strong, the article contends that the state does have a right to medicate involuntarily defendants charged with most crimes to restore trial competence, and that adequate remedies are available to ensure that medicated defendants receive a fair trial.