Fair Opportunity And Responsibility

In this work, David O. Brink analyzes responsibility and its relations to desert, culpability, excuse, blame, and punishment. He argues that an agent is responsible for misconduct if and only if it is not excused, and that responsibility consists in agents having suitable cognitive and volitional capacities, and a fair opportunity to exercise these capacities.

Fair Opportunity and Responsibility lies at the intersection of moral psychology and criminal jurisprudence and analyzes responsibility and its relations to desert, culpability, excuse, blame, and punishment. It links responsibility with the reactive attitudes but makes the justification of the reactive attitudes depend on a prior and independent conception of responsibility. Responsibility and excuse are inversely related; an agent is responsible for misconduct if and only if it is not excused. As a result, we can study responsibility by understanding excuses. We excuse misconduct when an agent's capacities or opportunities are significantly impaired, because these capacities and opportunities are essential if agents are to have a fair opportunity to avoid wrongdoing. This conception of excuse tells us that responsibility itself consists in agents having suitable cognitive and volitional capacities - normative competence - and a fair opportunity to exercise these capacities free from undue interference - situational control. Because our reactive attitudes and practices presuppose the fair opportunity conception of responsibility, this supports a predominantly retributive conception of blame and punishment that treats culpable wrongdoing as the desert basis of blame and punishment. We can then apply the fair opportunity framework to assessing responsibility and excuse in circumstances of structural injustice, situational influences in ordinary circumstances and in wartime, insanity and psychopathy, immaturity, addiction, and crimes of passion. Though fair opportunity has important implications for each issue, treating them together allows us to explore common themes and appreciate the need to take partial responsibility and excuse seriously in our practices of blame and punishment.

Issues for 2014- cataloged as a serial in LC.

The Oxford Handbook of Moral Responsibility is a collection of 33 articles by leading international scholars on the topic of moral responsibility and its main forms, praiseworthiness and blameworthiness. The articles in the volume provide a comprehensive survey on scholarship on this topic since 1960, with a focus on the past three decades. Articles address the nature of moral responsibility - whether it is fundamentally a matter of deserved blame and praise, or whether it is grounded anticipated good consequences, such as moral education and formation, or whether there are different kinds of moral responsibility. They examine responsibility for both actions and omissions, whether responsibility comes in degrees, and whether groups such as corporations can be responsible. The traditional debates about moral responsibility focus on the threats posed from causal determinism, and from the absence of the ability to do otherwise that may result. The articles in this volume build on these arguments and appraise the most recent developments in these debates. Philosophical reflection on the personal relationships and moral responsibility has been especially intense over the past two decades, and several articles reflect this development. Other chapters take up the link between blameworthiness and attitudes such as moral resentment and indignation, while others explore the role that forgiveness and reconciliation play in personal relationships and responsibility. The range of articles in this volume look at moral responsibility from a range of perspectives and disciplines, explaining how physics, neuroscience, and psychological research on topics such as addiction and implicit bias illuminate the ways and degrees to which we might be responsible.

Foreword by Eric Maskin (Nobel Laureate in Economics, 2007)This book is a collection of articles written by the two authors on the topic of equality of opportunity. All articles build on the idea that a just society should equalize the resources that determine the opportunities agents face in order to follow their goals. Resources are either external, like financial resources, or internal, like preferences or skills. The authors propose to define “equality of opportunity” as the combination of ethical principles of compensation and responsibility. The principle of compensation requires external resources to be used to compensate low-skilled agents (considering that inequalities due to skill differences are unjust). The principle of responsibility requires external resources to be allocated without regards to inequalities due to differences in preferences (considering that these inequalities are not unjust). The articles present different ways of combining the two principles in different economic contexts.The book offers many possible aspects of the analysis of equality of opportunity, ranging from axiomatic discussions in abstract compensation models, to the design of redistribution policies in concrete labor income taxation models.

Most societies claim they support equal opportunity. But what does equal opportunity mean in practice? Beckley offers a substantive principle, disposition, and set of practices around genuine equality that rescues us from vacuous political cliches. He provides a robust understanding of equality of opportunity to better approximate justice for all.

This classic collection of essays, first published in 1968, has had an enduring impact on academic and public debates about criminal responsibility and criminal punishment. Forty years on, its arguments are as powerful as ever. H.L.A. Hart offers an alternative to retributive thinking about criminal punishment that nevertheless preserves the central distinction between guilt and innocence. He also provides an account of criminal responsibility that links the distinction between guilt and innocence closely to the ideal of the rule of law, and thereby attempts to by-pass unnerving debates about free will and determinism. Always engaged with live issues of law and public policy, Hart makes difficult philosophical puzzles accessible and immediate to a wide range of readers. For this new edition, otherwise a reproduction of the original, John Gardner adds an introduction engaging critically with Hart's arguments, and explaining the continuing importance of Hart's ideas in spite of the intervening revival of retributive thinking in both academic and policy circles. Unavailable for ten years, the new edition of Punishment and Responsibility makes available again the central text in the field for a new generation of academics, students and professionals engaged in criminal justice and penal policy.