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Examines responsibility and luck as these issues arise in tort law, criminal law, and distributive justice.
Arguments about distributive justice often take place around two ideas. One is that good should be distributed equally. The other is that how people fare in life should depend on what they are responsible for. The author asks what draws us to these two ideas and examines recent attempts by egalitarian thinkers to bring them together in a single distributive ideal. Underlying this ideal is the egalitarian intuition - the intuition that it is objectionable for some to be worse off than others through no fault of their own. in a wide-ranging discussion, Lake tests that intuition from a variety of perspectives and points to the gaps in our current thinking about quality and individual responsibility.
Arguments about distributive justice often take place around two ideas. One is that good should be distributed equally. The other is that how people fare in life should depend on what they are responsible for. The author asks what draws us to these two ideas and examines recent attempts by egalitarian thinkers to bring them together in a single distributive ideal. Underlying this ideal is the egalitarian intuition - the intuition that it is objectionable for some to be worse off than others through no fault of their own. in a wide-ranging discussion, Lake tests that intuition from a variety of perspectives and points to the gaps in our current thinking about quality and individual responsibility.
States are often held responsible for their wrongdoings. States pay compensation for their unjust wars, as did Iraq in the aftermath of its invasion of Kuwait. States pay reparations for their historical wrongdoings, as did Chile to the victims of the Pinochet Regime, or Germany to Israel and other countries because of the Holocaust. Some argue that they should pay punitive damages for their international crimes as well. But state responsibility has a troubling feature: states are corporate agents, comprising flesh and blood citizens. When they turn to the public purse to finance their corporate liabilities, it is their citizens who pay the price. Even citizens who protested against their state's policies, did not know about them, or had no influence on policy makers end up sharing the burden. Why should these citizens pay for their state's wrongdoings, if they don't carry the blame? Responsible Citizens, Irresponsible States develops a fresh justification for citizens' duties to share the burden of their state's wrongdoings. This justification revolves around citizens' participation in their state: drawing on recent debates in the philosophy of collective action, Avia Pasternak shows that citizens are acting together in their state and that their state policies are the product of this collective action. Given this participation, citizens ought to share the burden of remedying harmful wrongs their state policies bring about. However, she also argues that not all citizens in all states are participating in their state. In many authoritarian states, citizens' participation in the state is highly restricted or coerced. Here, ordinary citizens do not share responsibility for their state policies and should not be forced to pay for them. These conclusions carry significant real-world implications for the way domestic international law holds various types of states, and their citizens, responsible for their wrongdoings. This work is essential for political theorists and philosophers grappling with citizen responsibility and duty.
The world we live in is unjust. Preventable deprivation and suffering shape the lives of many people, while others enjoy advantages and privileges aplenty. Cosmopolitan responsibility addresses the moral responsibilities of privileged individuals to take action in the face of global structural injustice. Individuals are called upon to complement institutional efforts to respond to global challenges, such as climate change, unfair global trade, or world poverty. Committed to an ideal of relational equality among all human beings, the book discusses the impact of individual action, the challenge of special obligations, and the possibility of moral overdemandingness in order to lay the ground for an action-guiding ethos of cosmopolitan responsibility. This thought-provoking book will be of interest to any reflective reader concerned about justice and responsibilities in a globalised world. Jan-Christoph Heilinger is a moral and political philosopher. He teaches at Ludwig-Maximilians-Universität, Munich, Germany, and at Ecole normale supérieure, Port-au-Prince, Haiti.
Offering a new interdisciplinary approach to global justice and integrating the insights of international relations and contemporary ethics, this book asks whether the core norms of international law are just by appraising them according to a standard of global justice grounded in the advancement of peace and protection of human rights.
Equality has faded as a guiding ideal for legal theory and policy. An updated message of personal responsibility has helped rationalize economic policies fostering increased inequality and insecurity. In this revised message, economic “losers” should take personal responsibility not only for the harmful effects of their individual economic decisions, but also for the harmful effects of systemic failures beyond their individual control or action. In response to the 2008 financial crisis, this re-tooled message of personal responsibility promoted mass austerity in place of targeted financial industry culpability and penalty. By presenting unequal economic loss as the inevitable result of generally beneficial systems, this flawed logic concludes that the most legitimate response to systemic failure is unequal personal sacrifice, not political mobilization in support of stronger protection from unequal risk and plunder. This chapter explores how this message weakened the majority report of Financial Crisis Inquiry Commission, despite its voluminous evidence of institutional problems. Further, it shows how this message inverts legal responsibility for devastating corporate wrongdoing, so that sacrifice by innocent victims appears to be more productive and proper than fair and meaningful law enforcement. Finally, I analyze how this troubling message is implicitly advanced in the seemingly progressive intellectual defense of equality by legal scholar Daniel Markovits. Markovits challenges the traditional personal responsibility argument that unequal poverty and insecurity stem from bad individual choices. Yet because he assumes that this inequality generally comes from benign institutions limited by natural scarcity, his reasoning nonetheless tends to suggest that responsible policy requires accepting substantial individual sacrifice by those who lose out. To instead revive the ideal of equality, we must go further to challenge the assumption that political economic structures and institutions regularly producing unequal and severe economic harm deserve submission rather than reform.
This anthology presents the best recent philosophical analyses of moral, political, and legal responsibility of groups and their members. Motivated by reflection on such events as the Holocaust, the exploding Ford Pintos, the My Lai massacre, and apartheid in South Africa, the essays consider two important questions: What collective efforts could have prevented these large-scale social harms? And is some group to blame and, if so, how is blame to be apportioned? Contributors: