Freud justified his extensive theorizing about dreams by the observation that they were “the royal road” to something much more general: namely, our unconscious mental life. The current preoccupation with the theory of excuse in criminal law scholarship (including my own) can be given a similar justification, for the excuses are the royal road to theories of responsibility generally. The thought is that if we understand why we excuse in certain situations but not others, we will have also gained a (...) much more general insight into the nature of responsibility itself. Nowhere has this thought been more evident than in the century-old focus of criminal law theoreticians on the excuse of insanity, a focus that could not be justified by the importance of the excuse itself.In this paper I wish to isolate two theories of excuse, each of which instantiates its own distinctive theory of responsibility. One is what I shall call the choice theory of excuse, according to which one is excused for the doing of a wrongful action because and only because at the moment of such action's performance, one did not have sufficient capacity or opportunity to make the choice to do otherwise. Such a choice theory of excuse instantiates a more general theory of responsibility, according to which we are responsible for wrongs we freely choose to do, and not responsible for wrongs we lacked the freedom (capacity and opportunity) to avoid doing. The second I shall call the character theory of excuse, according to which one is excused for the doing of a wrongful action because and only because such action is not determined by (or in some other way expressive of) those enduring attributes of ourselves we call our characters. (shrink)

This book explores a much-neglected area of moral philosophy--the typology of immorality. Ronald D. Milo questions the adequacy of Aristotle's suggestion that there are two basic types of immorality--wickedness and moral weakness--and argues that we must distinguish between at least six different types of immoral behavior. Originally published in 1984. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of (...) these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905. (shrink)

Retributivism is generally thought to forbid the punishment of the innocent, even if such punishment would produce otherwise good results, such as deterrence. It has recently been argued that because capital punishment always entails the risk of executing an innocent person, instituting capital punishment is tantamount to intentionally taking innocent lives and therefore cannot be justified on retributive grounds. I argue that there are several versions of retributivism, only one of which might categorically forbid risking punishing innocent persons. I also (...) argue that our moral practices reveal either that we do not hold this particular version of retributivism, or that we reject equating risking punishing the innocent with intentionally doing so. *** DIRECT SUPPORT *** A9102008 00005. (shrink)

On April 2, 1987, Professor of Philosophy, Judith Jarvis Thomson of Massachusetts Institute of Technology, delivered the Georgetown Law Center’s seventh Annual Philip A. Hart Memorial Lecture: "The Decline of Cause." Judith Jarvis Thomson works in ethics and metaphysics. Her book, The Realm of Rights (Harvard University Press, 1990) is a study of the questions what it is to have a right, and which ones we have. An article entitled "Self-Defense" appeared in Philosophy and Public Affairs (Fall 1991); another entitled (...) "On some ways in which a thing can be good" appeared in Social Philosophy and Policy (Spring 1992). Her work in metaphysics has largely been on the ontology of events, and the identity across time of people and other physical objects. An article entitled "People and their bodies," which takes issue with views expressed by Derek Parfit in Part III of his Reasons and Persons, has recently appeared in a collection of essays (edited by Jonathan Dancy) written on topics dealt with in that book. She is currently working on the question what it is for one event to cause another. (shrink)