This chapter investigates the moral status of agents who innocently benefit from the wrongdoing of others. We commonly think that perpetrators should not benefit from their wrongdoings. But sometimes wrongdoings benefit third parties. Clearest examples are historical wrongdoings, such as colonialism and slavery, which have long lasting effects to this very day, benefitting some while harming others. Recent attempts to identify those who should address such wrongdoings suggest that their beneficiaries, even though they have done not taken part (...) in the original wrongdoing, have duties to relinquish the wrongful benefit and/or to compensate the victim. If correct, this view has important practical implications for identifying who should address pressing moral challenges such as climate change, reparations for slavery and global poverty. The chapter explores the normative underpinnings of the ‘principle of wrongful benefits’, and some of the theoretical and practical challenges to it. (shrink)

"International and domestic laws commonly hold states responsible for their wrongdoings. States pay compensation for their unjust wars, and reparations for their historical wrongdoings. Some argue that states should incur punitive damages for their international crimes. But there is a troubling aspect to these practices: States are corporate agents, comprised of flesh and blood citizens. When the state uses the public purse to finance its corporate liabilities, the burden falls on these citizens, even if they protested against the state's (...) policies, did not know about them, or entirely lacked channels of political influence. How can this "distributive effect" of state-level responsibly be justified? The book develops an answer to this question, which revolves around citizens' participation in their state. It argues that citizenship can be a type of massive collective action, where citizens willingly orient themselves around the authority of their state, and where state policies are the product of this collective action. While most ordinary citizens are not to blame for their participation in their state, they nevertheless ought to accept a share of the remedial obligations that flow from their state's wrongful policies. However, the distributive effect cannot be justified in all states. Specifically, in non-democratic states most citizens are not participating in their state in the full sense, and should not pay for their state's wrongdoings. This finding calls then for a revision of the way we hold states responsible in both the domestic and international levels"--. (shrink)

Many have argued that certain statues or monuments are objectionable, and thus ought to be removed. Even if their arguments are compelling, a major obstacle is the apparent historical value of those commemorations. Preservation in some form seems to be the best way to respect the value of commemorations as connections to the past or opportunities to learn important historical lessons. Against this, I argue that we have exaggerated the historical value of objectionable commemorations. Sometimes commemorations connect (...) to biased or distorted versions of history, if not mere myths. We can also learn historical lessons through what I call repudiatory honouring: the honouring of certain victims or resistors that can only make sense if the oppressor(s) or target(s) of resistance are deemed unjust, where no part of the original objectionable commemorations is preserved. This type of commemorative practice can even help to overcome some of the obstacles objectionable commemorations pose against properly connecting to the past. (shrink)

It is commonly argued that cultural objects ought to be returned to their place of origin in order to remedy injustices committed in the past. In this paper, it is shown that significant challenges attach to this way of arguing. Although there is considerable intuitive appeal in the idea that if somebody wrongs another person then she ought to compensate for that injustice, the principle is difficult to apply to wrongdoings committed many decades or centuries ago. It is not clear (...) that historic injustices can meaningfully be corrected, or compensated for, and there are several arguments why, even in cases where there is a prima facie moral case for compensation, repatriation might not be a legitimate means of remedy. In order to bring analytical clarity to the issue, this paper discusses the various steps of the argument that must be addressed in order to ground a valid repatriation claim based on historic injustices. (shrink)

A challenging question regarding compensation for historic injustices like slavery or colonialism is whether there is anyone to whom it would be just to ascribe duties of compensation given that allegedly all the perpetrators--the guilty parties--are dead. Some answer this question negatively, arguing it is wrong to ascribe to anyone compensatory duties for injustices committed by others who died multiple generations ago. This objection to compensation for historic injustice, which I call the Historical Responsibility Objection (HRO), takes as its (...) core premises (1) that one must be guilty of wrongdoing with respect to a given historic injustice in order to bear a duty to compensate for the injustice, and (2) that no one alive today can be considered so guilty because no one alive today was alive when the historic injustice occurred. The result is that we cannot ascribe compensatory duties to anyone for any historic injustic. While all arguments I am aware of that refute HRO reject premise (1), this paper sketches a novel refutation of HRO by exploring the implications of rejecting premise (2). Doing so would invoke the state as a collective agent, distinct from its constitutive individual agents, liable to acquire compensatory duties for wrongs it commits that none of its constitutive individuals bear. To the extent that states that are collective agents committed historic injustices, such states have duties to compensate for historic injustice. (shrink)

Alasia Nuti’s important recent book, Injustice and the Reproduction of History: Structural Inequalities, Gender and Redress, makes many persuasive interventions. Nuti shows how structural injustice theory is enriched by being explicitly historical; in theorizing historical-structural injustice, she lays bare the mechanisms of how the injustices of history reproduce themselves. For Nuti, historical-structural patterns are not only shaped by habitual behaviors that are or appear to be morally permissible, but also by individual wrongdoing and wrongdoing by (...) powerful group agents like states. In this article, I extend Nuti’s rich analysis, focusing on two questions that arise from her theory of historical-structural injustice: Beyond being blameworthy for wrongful acts themselves, are culpable wrongdoers blameworthy for contributing to structural injustice? Does historical moral ignorance mitigate moral responsibility for past injustice? Regarding, I distinguish between the local and societal structural effects of wrongdoing. Though I think this distinction is well-founded, it ultimately leads to tensions with structural injustice theory’s idea of ordinary individuals being blameless for reproducing unjust structures. Regarding, I argue that even though it is natural for the question of historical moral ignorance to arise in considering past wrongdoing, at least in the case of powerful group agents, we should not overlook forms of cruelty which present-day moral concepts are not needed to condemn. (shrink)

Do future generations of a wrongdoing group have a responsibility to preserve the memory of the past? If so, what manner of responsibility is it? In this essay, I critically examine the categories of forward-looking and backward-looking collective responsibility to see what they might offer to this discussion. I argue that these concepts of responsibility are ambiguous in ways that threaten to prevent important questions from being raised. I draw my examples from contemporary German practices of preserving the memory (...) of the Holocaust and World War II, especially the stolpersteine, which are memorial plaques for individual victims embedded in the sidewalks of German cities. (shrink)

This chapter develops an alternative defence of the climate debt claim via a broader discussion of how historical wrongdoing concerning natural resources could be relevant to climate justice. It first examines climate change as a problem of global justice, arguing that theorists should consider why some groups are more vulnerable to climate impacts than others and to what extent unequal vulnerability could be a result of historical injustice. Focusing on colonial resource exploitation as a significant example of (...) natural resource injustice, it is argued that the legacies of such exploitation will likely be a significant contributor to present-day vulnerability in countries that have since gained formal independence. Such legacies have important implications for our understanding of climate vulnerability; render some climate duties a matter of rectificatory justice, vindicating the climate debt claim; and provide an important lesson in how similar wrongs could be perpetrated through future climate policies. (shrink)

(1) the distributive effects of past wrongs: One or more individual or collective agents — “the perpetrators” — acted wrongly at t0, effecting a continuing change in the distribution of status or assets at t1. It may follow that some agents at t1 have moral reason to alter this distribution of status or assets at t1, presumably with an eye to mitigating the distributive effects that the wrongdoing at t0 will have had from t1 on.

When states are required to compensate victim groups for the historic wrongs they have committed, how should the compensation due be calculated? It seems that alongside the counterfactual world in which the wrongdoing never occurred, we should also consider the counterfactual world in which the wrongdoing has occurred, but the victims have responded to it in a prudent way. Under tort law, the damages a victim can claim are reduced if they are judged to have been contributorily negligent, (...) thereby exacerbating the harm they have suffered. The paper considers four reasons why victim groups could not be expected to respond collectively to injustice in a way that outsiders might judge to be prudent. 1. The wrongdoing has destroyed their capacity to act as a group agent. 2. The wrongdoing has inflicted psychological traumas that lead them to make poor decisions. 3. They would need to violate a moral norm that is deeply embedded in their culture. 4. They would need to adopt policies that risk inflicting severe injustice on an internal minority. In many instances of historic injustice, one or more of these reasons apply. So although in principle victims’ behaviour is relevant when compensation is being calculated, we must be very cautious in using that doctrine to assess real cases. (shrink)

This article considers the question of the responsibility that present day generations bear as a result of the actions of their ancestors. Is it morally significant that we share a national identity with those responsible for the perpetration of historic injustice? The article argues that we can be guilty of wrongdoing stemming from past wrongdoing if we are members of nations that are responsible for an ongoing failure to fulfil rectificatory duties. This rests upon three claims: that the (...) failure to fulfil rectificatory duties is unjust; that nations can bear collective responsibility for the actions of their leaders; and that nations are comprised of overlapping generations rather than successive generations. The claim that present day parties should apologise for historic injustice is then considered, and it is argued that such an apology is best understood in relation to an ongoing failure to fulfil rectificatory duties. (shrink)

This study explores the effects of two different kinds of text addressed to young Italian students, which convey past in-group war-crimes either in a detailed or in an evasive way. After completing a first questionnaire a sample of Italian university students read two versions of a same historical text on Italian invasion of Ethiopia. The results show that participants reading a detailed text feel react more emotionally and feel more involved. However, the more negative reactions linked to the detailed (...) text were also associated to a stronger will to repair intergroup relations with the descendents of ancient victims of the in-group crimes. Positive consequences of negative emotions linked to detailed text that challenge a widespread collective amnesia of war crimes are discussed. (shrink)

Society increasingly demands corporations to be accountable for their past misbehaviours. Some corporations engage in forgetting work with the aim of avoiding responsibility for their wrongdoings. We argue that whenever social actors have their past actions called into question and engage in forgetting work, an ethics of remembering takes place. A collective project of social forgetting is contingent on the emergence of coordinated actions among players of an industry. Similarly, sustained efforts of forgetting work depend on the continuity of the (...) project through various generations of employees, which presumes the existence of frameworks of remembering in place. We analysed this paradox through a historical case study of the U.S. tobacco industry. We conclude that forgetting work may be a double-edged sword. It might be beneficial in the short run, to the extent that corporations can successfully maintain the public ignorance about their deceitful pasts. In the long run, however, it creates additional layers of historical irresponsibility and may turn into a compounded liability in the event the memory of the collective strategy of social forgetting becomes public. (shrink)

How should we respond to historical figures who played an important role in their country’s history but have also perpetrated acts of great evil? Much of the existing philosophical literature on this topic has focused on explaining why it may be wrong to celebrate such figures. However, a common response that is made in popular discussions around these issues is that we should not judge historical figures by today’s standards. Our goal in this paper is to examine the (...) most plausible way to understand this objection. We will examine three different interpretations of this argument. First, we will examine a view we call Temporal Moral Relativism, according to which moral standards are relative to particular points in time. Next, we outline Blame Relativism, the view that people from the past may be excused from blame for acts of conventionalized wrongdoing. Finally, we outline Ideals Relativism, according to which our moral ideals are partially relative to the time in which we live. We argue that Ideals Relativism provides the most plausible interpretation of this argument. (shrink)

This paper argues that public statues of persons typically express a positive evaluative attitude towards the subject. It also argues that states have duties to repudiate their own historical wrongdoing, and to condemn other people’s serious wrongdoing. Both duties are incompatible with retaining public statues of people who perpetrated serious rights violations. Hence, a person’s being a serious rights violator is a sufficient condition for a state’s having a duty to remove a public statue of that person. (...) I argue that this applies no less in the case of the ‘morally ambiguous’ wrongdoer, who both accomplishes significant goods and perpetrates serious rights violations. The duty to remove a statue is a defeasible duty: like most duties, it can be defeated by lesser-evil considerations. If removing a statue would, for example, spark a violent riot that would risk unjust harm to lots of people, the duty to remove could be outweighed by the duty not to foreseeably cause unjust harm. This would provide a lesser-evil justification for keeping the statue. But it matters that the duty to remove is outweighed, rather than negated, by these consequences. Unlike when a duty is negated, one still owes something in cases of outweighing. And it especially matters that it is outweighed by the predicted consequences of wrongful behaviour by others. (shrink)

The history of international relations is characterized by widespread injustice. What implications does this have for those living in the present? Should contemporary states pay reparations to the descendants of the victims of historic wrongdoing? Many writers have dismissed the moral urgency of rectificatory justice in a domestic context, as a result of their forward-looking accounts of distributive justice. Rectifying International Injustice argues that historical international injustice raises a series of distinct theoretical problems, as a result of the (...) popularity of backward-looking accounts of distributive justice in an international context. It lays out three morally relevant forms of connection with the past, based in ideas of benefit, entitlement and responsibility. Those living in the present may have obligations to pay compensation insofar as they are benefiting, and others are suffering, as a result of the effects of historic injustice. They may be in possession of property which does not rightly belong to them, but to which others have inherited entitlements. Finally, they may be members of political communities which bear collective responsibility for an ongoing failure to rectify historic injustice. Rectifying International Injustice considers each of these three linkages with the past in detail. It examines the complicated relationship between rectificatory justice and distributive justice, assesses the appropriateness of judging the past by contemporary moral standards, and argues that many of those who resist cosmopolitan demands for the global redistribution of resources have failed to appreciate the extent to which past wrongdoing undermines the legitimacy of contemporary resource holdings. (shrink)

These inquiries into villainification offer powerful insights for teaching about historical wrongdoing in more nuanced ways. Includes topics related to U.S. politics, financial education, Holocaust education, difficult histories, apocalypse fiction, the Marvel Cinematic Universe, technology use, LGBTQ school experiences, rape culture, geographies of invasion, and the female body.

Alasia Nuti’s recent book Injustice and the Reproduction of History: Structural Inequalities, Gender and Redress puts forward a compelling vision of contemporary duties to redress past wrongdoing, grounded in the idea of “historical-structural-injustice”, constituted by the “structural reproduction of an unjust history over time and through changes”. Such an approach promises to transcend the familiar scholarly divide between “backward-looking” and “forward-looking” models, and allow for a reparative approach that focuses specifically on those past wrongs that impact the present, (...) while retaining a significant focus on the historical. While Nuti’s work is perhaps the most sophisticated treatment of structural injustice to date, this paper argues that an exclusive concentration on historical-structural-injustices neglects some aspects and some acts of wrongdoing that call out for present-day redress. What is needed, therefore, is a pluralist theory that can accept the pressing force in the present of historical-structural-injustices, whilst also making room for past-regarding duties that either do not fit, or are not best conceptualized in terms of, this approach, without being overwhelmed by the sheer scale of historic injustice. (shrink)

The comfort women case in South Korea has been a polemic issue in the context of inherited responsibility. The Japanese government who emphasizes on state as an agent for taking the responsibility tends either to deny collective responsibility of historic wrongdoings or to limit the scope of its roles to superficial ways such as reparation. Meanwhile South Korea demands not only reparation but official apology, emotional compassion, and material compensation on the ground that nation, not state, should be accountable for (...) historic injustice, but this claim still encounters a difficulty of application to cases originated in multinational countries. Based on these observations, I will develop two arguments: (1) that reciprocal nondomination conceptualized with civic responsibility will better the comfort women case in the context of inherited responsibility because this contains full ground of deliberation in which those who come from regardless of state or nation can participate; (2) that reciprocal nondomination embodied with civic responsibility can be operated as a regulative principle which prompts both victims and wrongdoers to have their deliberative stances and to reach an agreement conducive to transitional justice. (shrink)

In 2016, Taiwan’s President Tsai Ing-wen officially apologised to the island’s indigenous peoples. This national apology not only plays a persuasive role in informing the general public about the historical wrongdoings inflicted on the Taiwanese aborigines, but also constitutes a therapeutic and restorative role in the process of reconciliation with the indigenous victims. This article provides a critical discourse analysis of President Tsai’s apology. In particular, it examines the power and ideology embedded in both the speech and the related (...) ceremony, and is supplemented with extracts from interviews with a cross-section of key stakeholders, such as a former Constitutional/supreme Court Justice, indigenous/tribal leaders and members/staff/advisers from the Presidential Office Indigenous Historical Justice and Transitional Justice Committee. The analysis reveals that, despite President Tsai’s apology and reconciliation policies, instead of facilitating reconciliation, the apology appears to exacerbate the long-standing latent tension between indigenous and non-indigenous groups. While the apology opens a window for reconciliation, a higher level of commitment is required to promote structural and systemic changes, such as land restitution, before the apology can be deemed adequate. (shrink)

Spatial metaphors abound in feminist theory. The modest goal of this paper is to reassert the importance of temporal dimensions in thought for feminist thinking. In order to establish this general claim, several kinds of current thinking about time that are problematic for feminists are explored. First, the postmodern compression of time and space is considered from the standpoint of the changes it brings in the nature of care. Second, the privileging of the future over the past is considered in (...) light of the problems it creates for thinking about justice for historical wrongdoing. Forgiveness and remembrance require an attention to the past. (shrink)

Incest is a crime in most societies. In the United States, incest is punishable in almost every state with sentences going as far as 20 and 30 years in prison, and even a life sentence. Yet the reasons traditionally proffered in justification of criminalization of incest—respecting religion and universal tradition; avoiding genetic abnormalities; protecting the family unit; preventing sexual abuse and sexual imposition; and precluding immorality—at a close examination, reveal their under- and over-inclusiveness, inconsistency or outright inadequacy. It appears that (...) the true reason behind the long history of the incest laws is the feeling of repulsion and disgust this tabooed practice tends to evoke in the majority of population. However, in the absence of wrongdoing, neither a historic taboo nor the sense of repulsion and disgust legitimizes criminalization of an act. (shrink)

Historically, whistleblowing research has predominantly focused on psychological and organisational conditions of raising concerns about alleged wrongdoing. Today, however, policy makers increasingly start to look at institutional frameworks for protecting whistleblowers and responding to their concerns. This article focuses on the latter by exploring the roles that trade unions might adopt in order to improve responsiveness in the whistleblowing process. Research has consistently demonstrated that the two main reasons that deter people from reporting perceived wrongdoing are fear of (...) retaliation and a belief that the wrongdoing is unlikely to be rectified. In this article, we argue that trade unions have an important part to play in dealing with both these inhibiting factors but this requires them to be appropriately engaged in the whistleblowing process and willing to take a more proactive approach to negotiations. We use Vandekerckhove’s 3-tiered whistleblowing model and Kaine’s model of union voice level to structure our speculative analysis of the various ways in which trade unions can interact with whistleblowers and organisations they raise concerns about alleged wrongdoing in, as well as agents at a regulatory level. Our articulation of specific roles trade unions can play in the whistleblowing process uses examples from the UK as to how these trade union roles are currently linked to and embedded in employment law and whistleblowing regulation. (shrink)

There are two kinds of forgiveness that appear as radically different from one another: one presents forgiveness as essentially earned through remorseful apology; the other presents it as fundamentally non-earned—a gift. The first, which I label Moral Justice Forgiveness, adopts a stance of moral demand and conditionality; the second, which I label Gifted Forgiveness, adopts a stance of non-demand and un-conditionality. Each is real; yet how can two such different responses to wrongdoing be of one and the same kind? (...) This paper explains how, by showing that the basic role each plays in moral-social life is the same; and that one is conceptually and therefore historically prior to the other. The result is pluralism, with each kind of forgiveness represented as distinctive in both its psychology and its normativity; and yet an ordered pluralism—with Moral Justice Forgiveness revealed as the root kind, and Gifted Forgiveness a culturally contingent iteration. (shrink)

The use of punitive torture was practiced historically and has hardly been purged from our current practices. Fairly little attention has been paid to its justification, perhaps because many theorists of punishment have thought it so obviously unjust. But there is a fairly straightforward retributivist argument that punitive torture is sometimes morally justified: roughly, punitive torture is proportionate to the wrongdoing of some malefactors, such that, in the absence of overriding reasons, torturing them as punishment for their wrongdoing (...) is morally justified. However, Barry contends that the retributivist should strongly suspect that there will always be overriding reasons that defeat retributivist reasons that would otherwise justify punitive torture. And if even retributivism cannot justify punitive torture, it is doubtful that any justification is forthcoming. (shrink)

The orderliness of the universe and the existence of human beings already provides some reason for believing that there is a God - as argued in Richard Swinburne's earlier book Is There a God? Swinburne now claims that it is probable that the main Christian doctrines about the nature of God and his actions in the world are true. In virtue of his omnipotence and perfect goodness, God must be a Trinity, live a human life in order to share our (...) suffering, and found a church which would enable him to tell all humans about this. It is also quite probable that he would provide his human life as an atonement for our wrongdoing, teach us how we should live and tell us his plans for our future after death. Among founders of religions, Jesus satisfies uniquely well the requirement of living the sort of human life which God would need to have lived. But to give us adequate reason to believe that Jesus was God, God would need to put his 'signature' on the life of Jesus by an act which he alone could do, for example raise him from the dead. There is adequate historical evidence that Jesus rose from the dead. The church which he founded gave plausible interpretations of his basic message. Therefore Christian doctrines are probably true. (shrink)

The last twenty-five years or so of thought about tort law have been remarkably productive and dynamic, as the dominance of the law and economics model has been challenged by theories that reintroduce the language of corrective justice. Over this same time period, theorizing about corrective justice has sprung up in response to a wide range of social, political and moral issues. I have in mind work on restorative theories in criminal justice; on postwar justice; on truth commissions, political reconciliation (...) and transitional justice in contexts of regime change; on official apologies as responses to international crises, institutionalized abuse and historical injustices; and on interpersonal apology, the making of amends, and forgiveness as responses to everyday moral transgressions. In these writings, theorists explore what people owe to one another in the aftermath of various kinds of wrongdoing, and thereby subtly challenge our ideas about what should be included under the heading of corrective justice. One new strand of thought, which appears in many of these debates, suggests that corrective justice requires a form of reconciliation or relational repair. My goal in this chapter is to introduce this idea and explore what it might offer to the philosophy of tort law. (shrink)

This article defends a pure functionalist theory of territorial jurisdiction according to which a state’s moral right to rule over a territory rests on its present moral performance as a freedom‐enabling institutional structure. A common objection against functionalist theories is that they cannot explain why it matters that one particular state has exclusive jurisdiction over a certain territory. This deficiency is often associated with the annexation challenge, which is supposed to show that functionalist theories cannot deal adequately with cases of (...) annexation. Against this line of criticism, I argue that the pure functionalist justification of the right to rule is capable of tackling challenges related to particularity and annexation. First, the pure functionalist theory explains why it is important that one particular state rules over a given territory. It also tells us what set of laws and what government we should comply with. Second, the pure functionalist justification of the right to rule entails sufficient conceptual resources to account for the wrongdoing involved in annexation. Although the theory deems past wrongs irrelevant for the justification of the right to exercise jurisdiction on a territory, it is adequately sensitive to historical injustice. (shrink)

The orderliness of the universe and the existence of human beings already provides some reason for believing that there is a God - as argued in Richard Swinburne's earlier book Is There a God? Swinburne now claims that it is probable that the main Christian doctrines about the nature of God and his actions in the world are true. In virtue of his omnipotence and perfect goodness, God must be a Trinity, live a human life in order to share our (...) suffering, and found a church which would enable him to tell all humans about this. It is also quite probable that he would provide his human life as an atonement for our wrongdoing, teach us how we should live and tell us his plans for our future after death. Among founders of religions, Jesus satisfies uniquely well the requirement of living the sort of human life which God would need to have lived. But to give us adequate reason to believe that Jesus was God, God would need to put his 'signature' on the life of Jesus by an act which he alone could do, for example raise him from the dead. There is adequate historical evidence that Jesus rose from the dead. The church which he founded gave plausible interpretations of his basic message. Therefore Christian doctrines are probably true. (shrink)

As official apologies by political, corporate, and religious leaders becoming increasingly commonplace – offered in response to everything from personal wrongdoing to historical oppression and genocide – providing a plausible account of what such apologies can and cannot accomplish is of paramount importance. Yet reigning theories of apology typically conceive of them primarily as moral and not political phenomena, often modeling official apologies after interpersonal ones. This risks distorting the meaning and function of political apologies, while holding them (...) to an impossible standard. In this paper, I argue that we require a normative theory of official apologies as political practice, and that crucial resources for this theory can be found in Hannah Arendt’s account of meaningful speech and action. In the Human Condition, Arendt privileges what she calls political speech and action as the highest category of human activity, which she identifies according to the following features: i) it can only take place with others; ii) it forces the agent to risk something by disclosing him or herself; iii) it creates a meaningful narrative; and, iv) it engenders some new relationship among those involved. These features, taken together, are a very good description of a successful apology. Furthermore, Arendt’s account of political speech depends upon her account of political forgiveness and political promising, two practices closely linked to the emerging practice of official state apology. In particular, I argue, theorizing apologies as Arendtian speech draws our attention to hitherto overlooked or underemphasized features of apologies and their functions, such the role they play – both powerful and problematic – in establishing authoritative narratives. (shrink)

Philosophical inquiry into the theory and practice of responsibility is a major and fast-growing area of study. It spans perennial philosophical, political, and legal questions about free will and agency as well as more recent, controversial topics such as coercion, ignorance, and responsibility for historical injustices. The Routledge Handbook of Philosophy of Responsibility is an outstanding survey and exploration of these issues and more. Comprised of forty-one chapters by an international team of contributors, the Handbook is divided into three (...) clear parts - on the history, theory, and practice of responsibility - within which the following key areas are examined: responsibility and wrongdoing responsibility and determinism the scope of responsibility individuals and society the concepts of responsibility the conditions and challenges of responsibility being and holding responsible the ethics and politics of responsibility responsibility in the law. Including suggestions for further reading at the end of each chapter, The Routledge Handbook of Philosophy of Responsibility provides an extremely useful guide to the topic. It will be valuable reading for students and researchers in philosophy and applied ethics, as well as for those in related disciplines such as politics, law, and policymaking. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Mettle of Moral Fundamentalism: A Reply to Robert Baker*Tom L. Beauchamp (bio)AbstractThis article is a reply to Robert Baker’s attempt to rebut moral fundamentalism, while grounding international bioethics in a form of contractarianism. Baker is mistaken in several of his interpretations of the alleged moral fundamentalism and findings of the Advisory Committee on Human Radiation Experiments. He also misunderstands moral fundamentalism generally and wrongly categorizes it as morally (...) bankrupt. His negotiated contract model is, in the final analysis, itself a form of the moral fundamentalism he declares bankrupt.Robert baker’s imaginative and incisive articles on international bioethics (Baker 1998a & b) are rich in history and philosophy, but they are as profoundly misguided as they are misdirected. In this comment, I will concentrate both on a pivotal interpretation and criticism that he offers of the Report of the Advisory Committee on Human Radiation Experiments (ACHRE 1996) and on his philosophical thesis that a moral fundamentalism of principles and rights is bankrupt. Baker seriously misinterprets the ACHRE report, distorts and fails to refute moral fundamentalism, and ultimately embraces a form of the very fundamentalism that he declares bankrupt. These three topics are connected in that Baker’s misconceptions of the ACHRE report launch his critique of moral fundamentalism and his mistaken understanding of moral fundamentalism drives his critique of the ACHRE report. 1 [End Page 389]Some Misunderstandings of the Human Radiation CommitteeBaker proclaims a conflict between ACHRE’s moral fundamentalism and multiculturalism. He presents this conflict as primarily a factual issue regarding whether different cultures and eras accept different moral principles—“the difference claim,” in his vernacular (Baker 1998a, pp. 208–9). This interpretation eventuates in a critique of the work of both ACHRE and Ruth Macklin:[W]hen Macklin and the Radiation Committee consider the challenge of multiculturalism, they construe this challenge, not as dispute about anthropological fact, but as a dispute about philosophical theory. More specifically, they treat any assertion of the difference claim as a form of “ethical relativism.”... They thus respond to the multiculturalist’s factual observations—even to factual observations by anthropologists—as if they were philosophical analyses.(Baker 1998a, p. 209)Baker thinks that a factual question has been fallaciously transformed into a philosophical one. However, this false dilemma is a figment of his fancy. He provides no citation to ACHRE to show that it holds this view, and for an understandable reason: This position is neither stated nor presumed in the Report. ACHRE is quite clear that relativism involves both an anthropological (I would prefer to say historical) dispute about fact and a philosophical dispute about value—and that they are not the same.The Committee and its staff proceeded as follows: They first collected a large body of historical documents and facts about the practices, policies, and values that prevailed during the period they were studying. Chapters 1 through 3 and 5 through 13, 12 of the Report’s 18 chapters, display the results of this empirical work. The Committee concluded, on this basis, that research investigators and government officials were aware of the obligations generated by universal principles. The ACHRE report specifically lists six “basic” moral principles and maintains that these principles were pervasively recognized at the time of the radiation experiments (ACHRE 1996, pp. 114ff, 124). ACHRE received testimony, conducted interviews, and compiled documents that indicated how deeply these principles were woven into the fabric of American culture at the time, so deeply that no responsible research investigator could have been unaware of them. ACHRE did not move beyond its list of six principles to a broader thesis about the (factual) universality of other principles and did not examine other cultures or periods of history; such work would [End Page 390] have exceeded ACHRE’s mandate and would have done more to obscure than to further its arguments.ACHRE also found that some government officials had attempted to hide their wrongdoing—a clear indication that these officials were aware of the relevant moral principles and knew that they should not have been treating persons as they did (ACHRE 1996, pp. 152–53; Chapman 1946). These factual findings were not armchair philosophy or empirical guesswork... (shrink)

We are often pressed to forgive or in need of forgiveness: Wrongdoing is common. Even after a perpetrator has been taken to court and punished, forgiveness still has a role to play. How should a victim and a perpetrator relate to each other outside the courtroom, and how should others relate to them? Communicating about forgiveness is particularly urgent in cases of civil war and crimes against humanity inside a community where, if there were no forgiveness, the community would (...) fall apart. Forgiveness is governed by social and, in particular, by moral norms. Do those who ask to be forgiven have to fulfil certain conditions for being granted forgiveness? And what does the granting of forgiveness consist in? We may feel like refusing to forgive those perpetrators who have committed the most horrendous crimes. But is such a refusal justified even if they repent their crimes? Could there be a duty for the victim to forgive? Can forgiveness be granted by a third party? Under which conditions may we forgive ourselves? The papers collected in the present volume address all these questions, exploring the practice of forgiveness and its normative constraints. Topics include the ancient Chinese and the Christian traditions of forgiveness, the impact of forgiveness on the moral dignity and self-respect of the victim, self-forgiveness, the narrative of forgiveness as well as the limits of forgiveness. Such limits may arise from the personal, historical, or political conditions of wrongdoing or from the emotional constraints of the victims. (shrink)