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- Paul Litton (2007). The Insignificance of Choice and Wallace's Normative Approach to Responsibility. Law and Philosophy 26 (1):67-93.
Similar books and articles
In his Responsibility and the moral sentiments , Wallace develops the idea that we should think of what it is to be morally responsible for an act in terms of norms for holding someone responsible for that act. Smith has recently claimed that Wallace's approach and those like it are 'fundamentally misguided'. She says that such approaches make the mistake of incorporating conditions for 'actively blaming' others into the basic conditions for being responsible, when in fact the conditions for active blame 'go beyond' the basic conditions. In this essay, I argue that Smith's otherwise illuminating discussion of these 'Normativist' approaches does not undermine them. Specifically, I maintain that being actively blamable by certain persons with the relevant standing is actually constitutive of being responsible for at least some acts. By distinguishing between persons with different sorts of standing, a Normativist approach can avoid Smith's challenge. My larger aim is thus to clarify and defend the Normativist approach.
Worries about the possibility of consent recall a more familiar problem about promising raised by Hume. To see the parallel here we must distinguish the power of consent from the normative significance of choice. I'll argue that we have normative interests, interests in being able to control the rights and obligations of ourselves and those around us, interests distinct from our interest in controlling the non-normative situation. Choice gets its normative significance from our non-normative control interests. By contrast, the possibility of consent depends on a species of normative interest that I'll call a permissive interest, an interest in its being the case that certain acts wrong us unless we declare otherwise. In the final section, I'll show how our permissive interests underwrite the possibility of consent.
This paper outlines a new approach to the epistemology of normative beliefs, based on a version of the claim that “the intentional is normative”. This approach incorporates an account of where our “normative intuitions” come from, and of why it is essential to these intuitions that they have a certain weak connection to the truth. This account allows that these intuitions may be fallible, but it also seeks to explain why it is rational for us to rely on these intuitions in forming normative beliefs—although it is also rational for us to try to correct for these intuitions’ fallibility by revising our normative beliefs in such a way as to approach what Rawls called “reflective equilibrium”.
This essay discusses a cluster of problems for feminist theory and practice which concern responsibility and choice under conditions of oppression. I characterize four major perspectives from which situations of oppression or victimization can be seen and questions about choice and responsibility answered: The Perspective of the Oppressor; The Perspective of the Victim; The Perspective of the Responsible Actor; and The Perspective of the Observer/Philosopher. I compare their strengths and weaknesses and discuss their compatibility.
No categories
The stakeholder approach offers the opportunity to consider corporate responsibility in a wider sense than that afforded by the stockholder or shareholder approaches. Having said that, this article aims to show that this theory does not offer a normative corporate responsibility concept that can be our response to two basic questions. On the one hand, for what is the company morally responsible and, on the other hand, why is the corporation morally responsible in terms of conventional and post-conventional perspectives? The reason why the stakeholder approach does not offer such a definition, as we shall see, is because the normative stakeholder approaches tend to confuse the social validity with the moral validity or legitimacy. It leads us to a conventional definition of corporate moral responsibility (CMR) that is not relevant to the pluralistic and global framework of our societies and economies. The purpose of this paper is to demonstrate this intuition.
Normativity and the Will collects fourteen important papers on moral psychology and practical reason by R. Jay Wallace, one of the leading philosophers currently working in these areas. The papers explore the interpenetration of normative and psychological issues in a series of debates that lie at the heart of moral philosophy. Themes that are addressed include reason, desire, and the will; responsibility, identification, and emotion; and the relation between morality and other normative domains. Wallace's treatments of these topics are at once sophisticated and engaging. Taken together, they constitute an advertisement for a distinctive way of pursuing issues in moral psychology and the theory of practical reason, and they articulate and defend a unified framework for thinking about those issues. The volume also features a helpful new introduction.
My commentators have given me much to think about, and I am grateful to them for their serious engagement with my work. Their many objections coalesce primarily around the following issues, which I shall address in turn: the normative approach; praiseworthiness; practical reason and moral reasons; physical possibility; the exercise of general powers; nomic necessity and revisionism about blame; ultimate responsibility and control.
No categories
For some time, philosophers have sought a more satisfactory understanding of the mysteries of morality through a close analysis of its assumed kinship with practical rationality, via the psychological capacity of choice. It is the view in the present paper that no such understanding is possible by these means. The significance of morality has nothing to do with choice.
A familiar feature of our moral responsibility practices are pleas: considerations, such as “That was an accident”, or “I didn’t know what else to do”, that attempt to get agents accused of wrongdoing off the hook. But why do these pleas have the normative force they do in fact have? Why does physical constraint excuse one from responsibility, while forgetfulness or laziness does not? I begin by laying out R. Jay Wallace’s (Responsibility and the moral sentiments, 1994 ) theory of the normative force of excuses and exemptions. For each category of plea, Wallace offers a single governing moral principle that explains their normative force. The principle he identifies as governing excuses is the Principle of No Blameworthiness without Fault: an agent is blameworthy only if he has done something wrong. The principle he identifies as governing exemptions is the Principle of Reasonableness: an agent is morally accountable only if he is normatively competent. I argue that Wallace’s theory of exemptions is sound, but that his account of the normative force of excuses is problematic, in that it fails to explain the full range of excuses we offer in our practices, especially the excuses of addiction and extreme stress. I then develop a novel account of the normative force of excuses, which employs what I call the “Principle of Reasonable Opportunity,” that can explain the full range of excuses we offer and that is deeply unified with Wallace’s theory of the normative force of exemptions. An important implication of the theory I develop is that moral responsibility requires free will.
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