Phil101Notes - Phil101 Notes RESPONSIBILITY AND PUNISHMENT...

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Unformatted text preview: Phil101 Notes February 13, 2007 RESPONSIBILITY AND PUNISHMENT Overview 1. Clarifies responsibility as a necessary and sufficient condition of punishment 2. Challenges standard interpretation of various theories of punishment, defending a new version of retributivism 3. Re-defines “desert” as responsibility and proportionality 4. Provides 1 st set of principles of proportional punishment for retributivism 5. Argues that any plausible theory of punishment must be retributivist in some basic sense 6. Analyzes the nature of forgiveness and mercy in terms of a perpetrator-centered concept of an apology 7. Develops new analyses of collective responsibility , applying it to corporations and other businesses guilty of wrongdoing CHAPTERS 1-2 THE PROBLEM OF PUNISHMENT AND PROBLEM OF RESPONSIBILITY- Desired Features of a Theory of Responsibility o The theory has a PURPOSE o Theories set forth and defend conditions UNDER WHICH A PERSON IS RIGHTLY HELD ACCOUNTABLE o Theory explains different USES AND SENSES OF RESPONSIBILITY o Theory respects the distinction between MORAL AND LEGAL RESPONSIBILITY USES OF “RESPONSIBILITY” • DUTY : answerable to an obligation • CAUSAL : the result of what one does • PRAISE : accountability for good actions • BLAME : accountability for bad actions • LIABILITY : appropriate candidate for punishment for wrong-doing • CONTEXT OF RESPONSIBILITY : o LEGAL: judged responsible according to rules of legal system o MORAL: when reason entails that someone is rightly deemed accountable for praise/blame for an act, failure to act, or attempted act CONDITIONS OF RESPONSIBILITY 1. The person is guilty . (Causal Condition) 2. The person caused the harm/committed the wrongful act intentionally . (Intentionality Condition) 3. The person performed the act voluntarily . (Voluntariness Condition) 4. The person performed the act knowingly . (Epistemic Condition) 5. The person was at fault in performing the act. (Fault Condition) EACH CONDITION OF RESPONSIBILTY ADMITS OF DEGREES : in order to be responsible, one must satisfy ALL 5 CONDITIONS . The stronger the conditions are satisfied, the stronger the crime. RESPONSIBILITY AND MORAL LUCK- either good/bad, or both combined- Moral luck => the extent to which factors beyond our control effect our lives and mitigate or excuse our responsibility for harmful outcomes, or our praiseworthiness for good outcomes. Ex: inheritance- Bad Moral Luck => lack of good education often beyond one’s control because born into poverty, but effects life prospects and increases likelihood of crime. Ex: PU’s not educated and don’t stress importance of it to kids; kids grow up in cycle of poverty and ignorance- Good Moral Luck => decisions beyond one’s control can assist them in life. Ex: redistricting Ontario high school boundaries PHIL 101 Notes – February 20 th Responsibility and Voluntariness • Metaphysical libertarianism : All human actions are totally voluntary, uncaused....
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This note was uploaded on 02/25/2008 for the course PHIL 101 taught by Professor Unknown during the Spring '07 term at San Diego State.

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Phil101Notes - Phil101 Notes RESPONSIBILITY AND PUNISHMENT...

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