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Profile: Marion Smiley (Brandeis University)
  1. Marion Smiley (forthcoming). Volitional Excuses, Self-Narration, and Blame. Phenomenology and the Cognitive Sciences:1-17.
    “I didn’t know what I was doing”. “I was totally out of control.” Since we accept and reject such excuses all the time in practice—and frequently do so with great confidence—we might be expected to have grasped what it means for a volitional excuse to be valid in general and to have developed a well thought out set of criteria for judging the validity of such excuses in practice. But, as it turns out, we have not done either of these (...)
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  2. Marion Smiley (2010). &Quot;from Moral Agency to Collective Wrongs: Re-Thinking Collective Moral Responsibility&Quot;. Journal of Law and Policy (1):171-202.
    This essay argues that while the notion of collective responsibiility is incoherent if it is taken to be an application of the Kantian model of moral responsibility to groups, it is coherent -- and important -- if formulated in terms of the moral reactions that we can have to groups that cause harm in the world. I formulate collective responsibility as such and in doing so refocus attention from intentionality to the production of harm.
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  3. Marion Smiley (2010). Review Essay: Alexander Brown's Theory of Personal Responsibility. Notre Dame Philosophical Reviews 2010 (8).
    This article reflects upon what can go wrong when we merge causal responsibility for past harms with a duty-based responsibility for remedying these harms and/or preventing them in the future.
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  4. Marion Smiley, Collective Responsibility. Stanford Encyclopedia of Philosophy.
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  5. Marion Smiley (2004). Democratic Citizenship V. Patriarchy: A Feminist Perspective on Rawls. Fordham Law Review (5):1599-1627.
    This essay articulates a series of questions that can be used to explore the gendered nature of any work of philosophy and then answers these questions in the context of John Rawls' moral and political thought. The author finds that while Rawls' social contract assumes a patriarchal family, it can be revised for the purpose of securing gender equality in both theory and practice.
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  6. Marion Smiley (2001). Democratic Justice in Transition. Michigan Law Review 99 (6):1332-1347.
    This essay defends a pragmatic approach to transitional justice by arguing that it provides a convincing view of the relationships between theory and practice and is true to the nature of democratic justice itself.
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  7. Marion Smiley (2001). Reconstructing the Generous Public. [REVIEW] Political Theory 29 (1):127 - 144.
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  8. Marion Smiley (2001). 'Welfare Dependence': The Power of a Concept. Thesis Eleven (64):21-38.
    This essay argues that the concept of dependence now invoked in noramtive discussions of the welfare state is both incoherent and biased as a result of its conflation of four distinctly different notions of dependence, ranging from the purely causal to that associated with lower class identities.
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  9. Marion Smiley (1997). Encyclopedia of Multicultural Education. Onyx.
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  10. Marion Smiley (1997). Feminist Theories. In Encyclopedia of Multicultural Education. Onyx.
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  11. Marion Smiley (1997). Moral Inquiry Within the Bounds of Politics. In Fox And Westbrook (ed.), Facing Up to the Facts: Moral Inquiry in American Scholarship. Cambridge University Press.
    This essay argues against conventional approaches to applied ethics on the grounds that they embrace a mistaken view of the relationship between theory and practice; it then goes on to develop a pragmatic alternative with reference to a series of arguments about moral responsibility for external harm.
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  12. Marion Smiley (1995). Battered Women and Bombed-Out Cities: A Question of Responsibility. Midwest Studies in Philosophy 20 (1):15-35.
  13. Marion Smiley (1994). [Book Review] Moral Responsibility and the Boundaries of Community, Power and Accountability From a Pragmatic Point of View. [REVIEW] Social Theory and Practice 20 (2):203-220.
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  14. Marion Smiley (1993). Feminist Theory and the Question of Identity. Women and Politics 13 (2):91-122.
    This article reflects upon what can go wrong when feminist philosophers begin with a universal identity, rather than with the needs of particular individuals, and argues that we can group individuals together without such a universal identity if we develop a practice of social generalization that places shared needs, rather than identities, at the center of attention.
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  15. Marion Smiley (1993). Is Corporatism the Answer? Law and Social Inquiry 18 (1):115-134.
    This essay argues that corporatism in not only inadequate as a social and political philosophy but anti-egalitarian and hierarchical by nature.
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  16. Marion Smiley (1992). Moral Responsibility and the Boundaries of Community. University of Chicago Press.
    This book has three goals. The first is to demonstrate that the modern, distinctly Kantian, notion of moral responsibility is incoherent by virtue of the way it fuses free will and blameworthiness. The second is to develop an alternative notion of moral responsibility that separates causal responsibility from blameworthiness and views both as relative to the boundaries of our moral community. The third is to establish a framework for arguing openly about our moral responsibility for particular kinds of harm.
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  17. Marion Smiley (1991). &Quot;gender Justice Without Foundations&Quot;. Michigan Law Review 89 (6):1574-1590.
    This article addresses the possibility of developing a critical feminist philosophy outside the bounds of foundational thinking.
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  18. Marion Smiley (1990). Pragmatism as a Critical Political Theory. University of Southern California Law Review 63 (6):1843-1853.
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  19. Marion Smiley (1990). &Quot;pragmatic Inquiry and Social Conflict: A Critical Reconstruction of Dewey's Model of Democracy&Quot;. Praxis International 9 (4):365-380.
    This article reconstructs John Dewey's philosophy of the public by replacing its emphasis on scientific truth with an interpretive model of inquiry; it then shows how we can use this interpretive model of inquiry both to prevent collective harms and to expand the boundaries of our moral community.
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  20. Marion Smiley (1989). Case Study: Liberty and Paternalism. In Amy Gutmann and Dennis Thompson (ed.), Ethics and Politics. Harvard University Press.
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  21. Marion Smiley (1989). Paternalism and Democracy. Journal of Value Inquiry 23 (4):299-318.
    This essay argues that Dworkin, Feinberg and others who claim exceptions against the principle of paternalism for the sake of preventing seroius physical harm are forced to treat mature adults as mental incompetents and that they are forced to do so by the prevailing concept of paternalism itself. The essay then shows how we can get around this dilemma by re-thinking paternalism as part of distinctly paternal relationships of domination and inequality.
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  22. Marion Smiley (1988). Making Sense of Analytic Marxism. Polity (4):734-744.
    This article underscores how analytic philosophy can help develop, as well as distort, Marxism and then provides criteria for avoiding the latter.
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  23. Marion Smiley (1195). Democratic Citizenship: A Question of Competence? The Good Society 5 (3):50-51.
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