US criminal courts have recently moved toward seeing juveniles as inherently less culpable than their adult counterparts, influenced by a growing mass of neuroscientific and psychological evidence. In support of this trend, this chapter argues that the criminal law’s notion of responsible agency requires both the cognitive capacity to understand one’s actions and the volitional control to conform one’s actions to legal standards. These capacities require, among other things, a minimal working set of executive functions—a suite of mental processes, mainly (...) realized in the prefrontal cortex, such as planning and inhibition—which remain in significant states of immaturity through late adolescence, and in some cases beyond. Drawing on scientific evidence of how these cognitive and volitional capacities develop in the maturing brain, the authors sketch a scalar structure of juvenile responsibility, and suggest some possible directions for reforming the juvenile justice system to reflect this scalar structure. (shrink)

Many commentators agree that the trend to try juveniles as adults fails to recognize that there should be an asymmetry in our treatment of juvenile and adult crime such that all else being equal juvenile crime deserves less punishment than does adult crime. This essay explores different rationales for this asymmetry. A political rationale claims that the disenfranchisement of juveniles compromises the state’s democratic authority to punish juveniles in the same way it is permitted to punish adults. A (...) developmental rationale claims that juveniles deserve to be punished less than adults because their immaturity makes them less responsible and, hence, less culpable for their wrongdoing. Gideon Yaffe’s new book The Age of Culpability expresses skepticism about the developmental rationale and defends a version of the political rationale. By contrast, this essay finds important limits to the political rationale and defends a qualified version of the developmental rationale. In the process, it argues against treating the asymmetry between juvenile and adult crime as a categorical one. (shrink)

Why, exactly, should we punish children who commit crimes more leniently than adults who commit the same offenses? Gideon Yaffe thinks it is because they cannot vote, and so the strength of their reasons to obey the law is weaker than if they could. They are thus less culpable when they disobey. This argument invites an obvious objection: why not simply enfranchise children, thereby granting them legal reasons that are the same strength as enfranchised adults, and so permitting similarly severe (...) punishment? Yaffe answers this question by arguing that child enfranchisement would objectionably undermine the values of political equality and self-government. This article explores some serious doubts about these arguments. It closes by questioning Yaffe’s reliance on a retributivist theory of punishment, contending that, once we reject retributivism in favor of more humane and productive alternatives, the thesis that child criminals deserve a break—which Yaffe assumes to be undeniably correct—becomes less plausible. (shrink)

The United States juvenile justice system has primary oversight of youth who come into contact with legal authorities. This system is purposefully distinct from the adult system given the presumption of youths’ reduced culpability for delinquent behavior and increased potential for rehabilitation. Some juvenile court policies and practices are supportive of youth while others may drive youth further into the juvenile justice system. Today, we are at a point in which we can—and should—use information technology to (...) accrue data to unpack the impact of these policies and practices on and across youth. Moreover, technology-driven policies and practices such as electronic monitoring may be detrimental to the well-being of youth, whereas others such as video conferencing could be more widely used to benefit youth. While juvenile courts hold youth accountable for their behavior, courts also need to be accountable to youth by employing data-informed policies and practices that advance the health and well-being of youth. (shrink)

US Supreme Court rulings concerning sanctions for juvenile offenders have drawn on the science of brain development and concluded that adolescents are inherently less mature than adults in ways that render them less culpable. This conclusion departs from arguments made in cases involving the mature minor doctrine, in which teenagers have been portrayed as comparable to adults in their capacity to make medical decisions. I attempt to reconcile these apparently incompatible views of adolescents’ decision-making competence. Adolescents are indeed less (...) mature than adults when making decisions under conditions that are characterized by emotional arousal and peer pressure, but adolescents aged 15 and older are just as mature as adults when emotional arousal is minimized and when they are not under the influence of peers, conditions that typically characterize medical decision-making. The mature minor doctrine, as applied to individuals 15 and older, is thus consistent with recent research on adolescent development. (shrink)

Moral and legal notions engaged in clinical ethics should not only possess analytic clarity but a sound basis in empirical findings. The latter condition brings into question the expansion of the mature minor exception. The mature minor exception in the healthcare law of the United States has served to enable those under the legal age to consent to medical treatment. Although originally developed primarily for minors in emergency or quasi-emergency need for health care, it was expanded especially from the 1970s (...) in order to cover unemancipated minors older than 14 years. This expansion initially appeared plausible, given psychological data that showed the intellectual capacity of minors over 14 to recognize the causal connection between their choices and the consequences of their choices. However, subsequent psychological studies have shown that minors generally fail to have realistic affective and evaluative appreciations of the consequences of their decisions, because they tend to over-emphasize short-term benefits and underestimate long-term risks. Also, unlike most decisionmakers over 21, the decisions of minors are more often marked by the lack of adequate impulse control, all of which is reflected in the far higher involvement of adolescents in acts of violence, intentional injury, and serious automobile accidents. These effects are more evident in circumstances that elicit elevated affective responses. The advent of brain imaging has allowed the actual visualization of qualitative differences between how minors versus persons over the age of 21 generally assess risks and benefits and make decisions. In the case of most under the age of 21, subcortical systems fail adequately to be checked by the prefrontal systems that are involved in adult executive decisions. The neuroanatomical and psychological model developed by Casey, Jones, and Summerville offers an empirical insight into the qualitative differences in the neuroanatomical and neuropsychological bases of adolescent versus adult decision making. These and other data, as well as developing law bearing on the culpability of juvenile criminal offenders, argue for critically re-evaluating the expansion of the mature minor exception with regard to medical decision making, as well as in support of a rebuttable presumption in favor of treating minors as immature decisionmakers. The clinical ethics of adolescent medical decision making will need foundationally to be reconsidered. (shrink)

Professor Gideon Yaffe’s recent, intricately argued book, The Age of Culpability: Children and the Nature of Criminal Responsibility, argues against the nearly uniform position in both law and scholarship that the criminal justice system should give juveniles a break because on average they have different capacities relevant to responsibility than adults. Professor Yaffe instead argues that kid should be given a break because juveniles have little say about the criminal law, primarily because they do not have a vote. For (...) Professor Yaffe, age has political rather than behavioral significance. The book has many excellent general analyses about responsibility, but all are in aid of the central thesis about juveniles, which is the central focus of this essay review. After addressing a few preliminary issues, the essay discusses Professor Yaffe’s negative argument against the validity of the behavioral difference rationale for giving juveniles a break. If the negative case fails, which the essay argues it does, then the only issue is whether the book’s alternative is desirable. Again, the essay argues that it is not, and concludes by offering three positive arguments for the traditional rationale: coherence and simplicity; a benignly definitional argument that survives the negative argument and supports giving juveniles a break in the exceedingly unlikely event that the empirical assumptions of the traditional rationale are proven incorrect; and a proposal for individualization of the culpability assessments of juveniles so that the criminal justice system blames and punishes them proportionately to their culpability. (shrink)

In this paper, I respond to the following argument which several authors have presented. If we are culpable for some action, we act either from akrasia or from culpable ignorance. However, akrasia is highly exceptional and it turns out that tracing culpable ignorance leads to a vicious regress. Hence, we are hardly ever culpable for our actions. I argue that the argument fails. Cases of akrasia may not be that rare when it comes to epistemic activities such as evidence gathering (...) and working on our intellectual virtues and vices. Moreover, particular cases of akrasia may be rare, but they are not exceptional when we consider chains of actions. Finally and most importantly, we can be culpable for our actions even if we do not act from akrasia or from culpable ignorance, namely in virtue of our unactivated dispositional beliefs. (shrink)

I argue that culpable ignorance can be irreducibly collective. In some cases, it is not fair to expect any individual to have avoided her ignorance of some fact, but it is fair to expect the agents together to have avoided their ignorance of that fact. Hence, no agent is individually culpable for her ignorance, but they are culpable for their ignorance together. This provides us with good reason to think that any group that is culpably ignorant in this irreducibly collective (...) sense is non-distributively collectively responsible for subsequent unwitting acts and consequences. (shrink)

Teza o "neskrivljenom neznanju" je instrument u okviru teorije pravednog rata koja sluzi da se moralno opravda ucesce u ratu za pripadnike one strane koja je porazena; uslovi za neskrivljenost su da su porazeni borci iskreno verovali da brane pravednu stvar i da su takodje iskreno verovali da imaju nekih izgleda da pobede. Bez ovog instrumenta teorija pravednog rata, jedna teorija koja opravdava rat preko pravednog uzroka rata, bi porazenoj strani narocito ako je slabija, morala da unapred pripise krivicu sto (...) je uopste usla u rat. Medjutim, u savremenoj situaciji rasirene kriminalizacije rata sam pojam rata se menja i postaje izuzetno neodredjen. Kako ratovi postaju sve vise i vise "asimetricni", pre svega u snazi sukobljenih strana, cini se da se teorija pravednog rata suocava sa teskocom da u svoje okvire uopste situira "neskrivljeno neznanje", ali to povlaci teskocu te teorije da pokaze da pravda ide sa pobedom, otvarajuci tako pitanje artikulacije pravednog mira. (shrink)

When a person acts from ignorance, he is culpable for his action only if he is culpable for the ignorance from which he acts. The paper defends the view that this principle holds, not just for actions done from ordinary factual ignorance, but also for actions done from moral ignorance. The question is raised whether the principle extends to action done from ignorance about what one has most reason to do. It is tentatively proposed that the principle holds in full (...) generality. (shrink)

This paper focuses on several issues that arise in Miranda Fricker?s book Epistemic injustice surrounding her claims about our (moral) culpability for perpetrating acts of testimonial injustice. While she makes frequent claims about moral culpability with respect to specific examples, she never addresses the issue in its full generality, and we are left to extrapolate her general view about moral culpability for acts of testimonial injustice from these more restricted and particular claims. Although Fricker never describes testimonial (...) injustice in such terms, I argue that the fundamental wrong done in acts of testimonial injustice is a form of negligence. Once we understand testimonial injustice in this way, it is easier to see when and why we are culpable for perpetrating such injustices. Indeed, explicitly recognizing testimonial injustice as a form of negligence solves several problems for Fricker?s view, which are elucidated briefly along the way. However, construing testimonial injustice as a form of negligence has a cost as well. It highlights the fact that the normative core of Fricker?s view is deontological, rather than virtue-theoretic. Fricker claims to be offering a theory of the virtue of testimonial justice along the model of current virtue theories in epistemology, yet it seems that there is no compelling reason to think of what she has offered as a virtue theory, at least not on the model of virtue theories that one finds in epistemology. This is not to say that her view is any less plausible for not being a virtue theory. But calling it a virtue theory affects how one interprets its various claims, and tends to lead one away from, rather than toward, a proper understanding of the deep deontological nature of her account. (shrink)

The "conservative" holds that mental disorder exculpates only if it is evidence of a standard excuse or justification, i.e., one that a mentally "normal" person could have. The Liberal holds that mental disorder sometimes exculpates in itself. I argue that moral culpability in the case of mental disorder is often moot, and that the real issue is what a court should be allowed to do with such individuals. This undermines the idea that culpability is a necessary condition for (...) sentencing, but we already have that in cases of strict liability, and there seems to be no viable alternative in any case. (shrink)

This paper explores types of organisational ignorance and ways in which organisational practices can affect the knowledge we have about the causes and effects of our actions. I will argue that because knowledge and information are not evenly distributed within an organisation, sometimes organisational design alone can create individual ignorance. I will also show that sometimes the act that creates conditions for culpable ignorance takes place at the collective level. This suggests that quality of will of an agent is not (...) necessary to explain culpable ignorance in an organisational setting. (shrink)

Knobe argues in his target article that asymmetries in intentionality judgments can be explained by the view that concepts such as intentionality are suffused with moral considerations. We believe that the “culpable control” model of blame can account both for Knobe's side effect findings and for findings that do not involve side effects.

Attention has been given to cross-cultural differences in adolescent growth, but far less is known about developmental variability during juvenility (ages 3–10). Previous research among the Pumé, a group of South American foragers, found that girls achieve a greater proportion of their adult stature during juvenility compared with normative growth expectations. To explain rapid juvenile growth, in this paper we consider girls’ activity levels and energy expended in subsistence effort. Results show that Pumé girls spend far less time in (...) subsistence tasks in proportion to their body size compared with adults, and they have lower physical activity levels compared with many juveniles cross-culturally. Low activity levels help to explain where the extra energy comes from to support rapid growth in a challenging environment. We suggest that activity levels are important to account for the variation of resource and labor transfers in mediating energy availability. (shrink)

In this article, I examine Michele Moody-Adams’ critique of the ‘inability thesis’, according to which some cultures make the resources for criticizing injustice ‘unavailable’ to their members. I investigate Moody-Adams’ alternative ‘affected ignorance’ thesis. Using the example of slavery in ancient Greece, I consider two potential candidates for affected ignorance which involve, respectively, ‘unawareness’ and ‘mistaken moral weighing’; in neither, I hold, may one ascribe culpability to those involved.

A point of contention in recent discussions of the epistemic condition of moral responsibility is whether culpable ignorance must trace to akratic belief mismanagement. Neil Levy has recently defended an akrasia requirement by arguing that only an akratic agent has the capacity rationally to comply with epistemic expectations the violation of which contributes to her ignorance. In this paper I show that Levy’s argument is unsound. It is possible to have the relevant rational capacity in the absence of akrasia. I (...) also argue that the internalist account of rationality that does much of the work in his argument is problematic. (shrink)

Actions that are intended to produce harmful consequences can fail to achieve their desired effects in numerous ways. We refer to action sequences in which harmful intentions are thwarted as deviant causal chains. The culpable control model of blame (CCM)is a useful tool for predicting and explaining the attributions that observers make of the actors whose harmful intentions go awry. In this paper, we describe six types of deviant causal chains; those in which: an actor’s attempt is obviated by the (...) intervention of another person or the environment; the intended effects could not have been produced regardless of the actor’s behavior; other causes diminish the actor’s causal role; the actor brings about foreseen but undesired consequences as a result of pursuing his or her focal goal; the focal action produces a chain of increasingly remote causal events; and the actor derives unforeseen benefits from his or her nefarious actions. A basic assumption of the CCM in these cases is that attributions for the participants’ actions will depend on positive and negative evaluations of their intentions and behaviors. We describe empirical findings that are consistent with this assumption, and predict other findings for causal deviance phenomena that have not yet been investigated empirically. (shrink)

This book presents a comprehensive overview of what the criminal law would look like if organised around the principle that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they deserve. Larry Alexander and Kimberly Kessler Ferzan argue that desert is a function of the actor's culpability, and that culpability is a function of the risks of harm to protected interests that the actor believes he is imposing and his reasons for acting (...) in the face of those risks. The authors deny that resultant harms, as well as unperceived risks, affect the actor's desert. They thus reject punishment for inadvertent negligence as well as for intentions or preparatory acts that are not risky. Alexander and Ferzan discuss the reasons for imposing risks that negate or mitigate culpability, the individuation of crimes, and omissions. (shrink)

This paper focuses on the role of culpability in determining the degree of liability to defensive harm, and asks whether there are any restrictions on when culpability is relevant to liability. A natural first suggestion is that it is only relevant when combined with an actual threat of harm in the situation in which defensive harm becomes salient as a means of protection. The paper begins by considering the question of whether two people are equally liable to defensive (...) harm in a situation if both culpably intend to harm another, but due to circumstances outside the control of the two people only one has a chance of succeeding in causing harm. I argue that there is no difference in liability between the two. I then turn to a kind of slippery slope challenge that accepting this conclusion would lead to a vast over-inclusiveness in those liable to defensive harm, and consider a recent attempt at meeting it that requires that a person’s culpability can only affect liability if it concerns the very situation in which defensive harm is relevant. Finally, I put forward and assess a new way of meeting the challenge that appeals to a particular conception of culpability together with auxiliary theses concerning how culpability can decrease over time, among others. (shrink)

The question of when a person is culpable for taking an unjustified risk of harm has long been controversial in Anglo-American criminal law doctrine and theory. This survey of the approaches adopted in England and Wales, Canada, Australia, the United States, New Zealand and Scotland argues that they are converging, to differing extents, around a 'Standard Account' of culpable unjustified risk-taking. This Standard Account distinguishes between awareness-based culpability and inadvertence-based culpability for unjustified risk-taking. With reference to criminal law (...) theory and philosophical literature, the author argues that, when explained appropriately, the Standard Account is defensible and practical. Defending the Standard Account involves analysing in depth a number of controversial matters, including the meaning of advertence/awareness, the role of attitudes such as indifference in culpable risk-taking, and the question of whether negligence should be used in the criminal law. (shrink)

Courts commonly allow willful ignorance to satisfy the knowledge element of a crime. The traditional rationale for this doctrine is that willfully ignorant misconduct is just as culpable as knowing misconduct. But it is not obvious that this “equal culpability thesis” holds across the board. Is it true in all cases of willful ignorance or only some? This is the question I investigate here. -/- Specifically, I argue against several common versions of the equal culpability thesis before defending (...) my own restricted version. First, I argue that the broadest version of the thesis, adopted by many courts, is overinclusive. Then I argue against several restricted versions of the thesis offered by legal theorists including Doug Husak, David Luban, and Deborah Hellman. My own account, by contrast, is premised on a duty of reasonable investigation. If my account is on the right track, the widely employed willful ignorance doctrine stands in need of reform. (shrink)

El objetivo del estudio es evaluar el desempleo juvenil universitario en mujeres de 18 a 30 años, como consecuencia de los efectos de la pandemia en la salud pública. La metodología responde a un estudio de campo con una muestra de 239 casos analizados a través de una encuesta cerrada, basada en 26 ítem, mediante una escala Likert para contrastar las situaciones profesionales y humanas de las encuestadas relacionado a conciliación, igualdad y desarrollo profesional. Los resultados evidenciaron brechas en mujeres, (...) sobre lo cual se requiere fortalecer la participación de la mujer en espacios laborales. (shrink)

I defend the principle that a person is blameworthy for her action only if that action was morally wrong. But what should we say about an agent who does the right thing based on bad motives? I present three types of cases that have these features. In each, I argue, the agent is not culpable for her action; however, she violates the norm of moral responsibility, and thus acts in a morally irresponsible way. This analysis, I show, has several virtues. (...) It also has important theoretical ramifications: it allows for a more nuanced approach to moral luck and paves the way for an unexplored line of defense in favor of a particular norm of moral responsibility. (shrink)

Causation is one of philosophy's most venerable and thoroughly-analyzed concepts. However, the study of how ordinary people make causal judgments is a much more recent addition to the philosophical arsenal. One of the most prominent views of causal explanation, especially in the realm of harmful or potentially harmful behavior, is that unusual or counternormative events are accorded privileged status in ordinary causal explanations. This is a fundamental assumption in psychological theories of counterfactual reasoning, and has been transported to philosophy by (...) Hitchcock and Knobe (2009). A different view--the basis of the culpable control model of blame (CCM)--is that primary causal status is accorded to behaviors that arouse negative evaluative reactions, including behaviors that stem from nefarious motives, negligence or recklessness, a faulty character, or behaviors that lead to harmful or potentially harmful consequences. This paper describes four empirical studies that show consistent support for the CCM. (shrink)

In this paper I argue that selective abortion for disability often involves inadequate counselling on the part of reproductive medicine professionals who advise prospective parents. I claim that prenatal disability clinicians often fail in intellectual duty—they are culpably ignorant about intellectual disability. First, I explain why a standard motivation for selective abortion is flawed. Second, I summarize recent research on parent experience with prenatal professionals. Third, I outline the notions of epistemic excellence and deficiency. Fourth, I defend culpable ignorance as (...) the best explanation of inadequate disability counselling. Fifth, I rebut alternative explanations. My focus is pregnancies diagnosed with mild or moderate intellectual disability. (shrink)

My paper has two aims: to underscore the importance of differently time-indexed ‘ought implies can’ principles; and to apply this to the culpable inability problem. Sometimes we make ourselves unable to do what we ought, but in those cases, we may still fail to do what we ought. This is taken to be a serious problem for synchronic ‘ought implies can’ principles, with a simultaneous ‘ought’ and ‘can’. Some take it to support diachronic ‘ought implies can’, with a potentially temporally (...) distinct ‘ought’ and ‘can’. I will argue that this problem is not avoided by diachronic ‘ought implies can’. (shrink)

I explore the question of when an agent is derivatively, rather than directly, culpable for an undesirable outcome. The undesirable outcome might be a harmful incompetent or unwitting act, or it might be a harmful event. By examining various cases, I develop a sophisticated account of indirect culpability that is neutral about controversies regarding normative ethical issues and the condition on direct culpability.

In this paper, I offer a novel account of entrapment. This account suggests that the wrongness of pursuing punishment in cases of entrapment consists of two distinct components, one concerning the culpability of the entrapped defendant and the other concerning the legitimacy of the entrapping state to prosecute crimes that it has effectively created. Distinguishing these two components of entrapment, I explain, helps to clarify the moral issues at stake and to resolve some confusions and debates in existing legal (...) analyses of entrapment. (shrink)

Garantía Juvenil se configuró, tras la crisis económica del 2008, para ofrecer nuevas oportunidades de empleo y amortiguar la situación actual juvenil. Como objetivo, analizar si el programa ha conseguido alcanzar sus propuestas iniciales de inserción laboral en Granada. En los resultados, se pone en consideración las diferentes posibilidades de éxito tras la realización de la formación recibida.Para la discusión y conclusiones, presentamos la información del estudiantado después de finalizar su experiencia en el programa y que nos ayudará a comprender (...) si ha logrado mitigar los efectos adversos de la crisis económica y los altos índices de desempleo. (shrink)

Ignorance is often a valid excuse for wrongdoing. But authors such as William FitzPatrick argued that ignorance is culpable if we could have reasonably expected the agent to take action that would have corrected or prevented it, given his capabilities and the opportunities provided by the context, but failed to do so due to vices such as laziness, indifference, disdain, etc. Guilty ignorance is still present in the debate and, in recent times, has become more pressing with the problem of (...) technological responsibility. In this paper, an internalist perspective of culpable ignorance is adopted to analyze a form of culpability distribution in the technological context based on dispositional beliefs. Thus, two types of responsibility are found. By examining the implications of culpable ignorance, we realize that we can respond to the unambiguous idea that an engineer is morally and epistemically responsible for certain facts. (shrink)

El presente artículo presenta una discusión acerca del carácter contracultural de algunos estilos o culturas juveniles, con las implicaciones políticas que ello conlleva. Para cumplir este objetivo los autores desarrollan un marco de referencia conceptual que sitúa los términos de la discusión, comparando elementos básicos de las culturas “jipis” de principios de los setenta, con las culturas “techno” de los noventa. Uno de los elementos centrales a nivel comparativo, será el consumo de ciertas drogas y sus significados en cada contexto (...) de estilo juvenil. A modo de conclusión, los autores plantean algunas proposiciones acerca del papel de las culturas juveniles, y más en concreto, de sus posibles significados políticos en nuestras sociedades contemporáneas. (shrink)

The moral right to act in self-defense seems to be unproblematic: you are allowed to kill an aggressor if doing so is necessary for saving your own life. Indeed, it seems that from the moral standpoint, acting in self-defense is doing the right thing. Thanks, however, to works by George Fletcher and Judith Thomson, it is now well known how unstable the moral basis of the right to self-defense is. We are in the dark with regard to one of the (...) most basic problems raised by this right, namely: the problem of the innocent aggressor. The disturbing question is simple enough: Is a potential victim allowed to kill, in self-defense, a morally innocent aggressor? (shrink)

In this commentary, I ask three specific questions: (1) Why would a juvenile stage be maintained in humans? (2) What could be a satisfactory evolutionary scenario explaining the features of feminine speech? And (3), what could be the contribution of sexual selection in the elicitation of higher informational contents in communicative signals?

This paper responds to recent work on moral blame, which has drawn attention to the ambivalent nature of our blaming practices and to the need to ‘civilize’ these practices. It argues that the project of civilizing blame must engage with a further problematic feature of these practices, namely, that they can be implicated in structures of social oppression, and distorted by epistemic and discursive injustice. The paper also aims to show that engaging with this problem raises questions about the Strawsonian (...) equation of moral responsibility with liability to praise or blame. (shrink)

This chapter explores themes like freedom of expression and what makes for a democratic society by examining characters and situations collected from a variety of South Park episodes. It discusses some of the important democratic concepts and arguments presented by thinkers like Karl Popper and Thomas Jefferson. Of particular interest are the roles of free expression and unfettered intellectual inquiry—even when they're offensive—in a democratic society. Finally, the author speaks that Popper and others understand this sort of freedom to be (...) absolutely essential to a healthy democracy. (shrink)

Ethicists and legal theorists have proposed models of corporate culpability that shift the standard of guilt determination from vicariousattribution of individual action and intention to an assessment of culture, policies, as well as organizational action and inaction. This paper briefly reviews four prominent models of corporate culpability, arguing that each makes claims that extend well beyond the limits of existing law. As an alternative to these models, a constructive corporate fault is described that relies on both objective and (...) subjective reasonableness judgments. The paper concludes with a consideration of constructive corporate fault in relation to an Accountability model of corporate liability. (shrink)

Many of our attitudes are non-culpable: there was nothing that we should have done to avoid holding them. I argue that we can still be blameworthy for non-culpable attitudes: they can impair our relationships in ways that make our full practice of apology and forgiveness intelligible. My argument poses a new challenge to indirect voluntarists, who attempt to reduce all responsibility for attitudes to responsibility for prior actions and omissions. Rationalists, who instead explain attitudinal responsibility by appeal to reasons-responsiveness, can (...) make sense of blameworthiness for non-culpable attitudes. In response, voluntarists could propose a revision of our actual practices. This would lead us into a quite different debate. (shrink)

In this short article I examine whether and how one’s minor culpability in giving rise to an instance of otherwise justified defense affects the defense and affects the act giving rise to it.