Arthur Ripstein

In one of the few widely discussed passages in the Doctrine of Right, Kant makes the surprising claim that a shipwrecked sailor who dislodges another from a plank that will support only one of them is "culpable, but not punishable." Many commentators regard this passage as a sort of smoking gun that shows that, in extremis, Kant resorts to the very sort of empirical and consequentialist reasoning that he claims to do without.2 My aim in this paper is to defend his analysis, by showing both that it can be generalized, and that it provides a satisfying account of the normative boundary between justification and excuse in the criminal law. After explaining Kant ’s remark in light of the context in which he makes it, my main strategy of defense will be to show how it applies not only to the specific example Kant considers, but also to cases in which a person responds to danger by damaging property, and those in which a person whose own life is not in danger breaks the law to save the life of another. I will also use his account to illustrate the difficulties with the leading alternatives

The 2008 meltdown in global capital markets has led to a renewed interest in questions of economic distribution. Many people suggest that the motives, incentive structures, and institutions in place were inadequate and, for the first time in a generation, public debate is animated by arguments about the need for greater equality. G.A. Cohen's new book resonates with many of the themes of these debates; he advocates a more thoroughgoing equality, even more thoroughgoing than that demanded by John Rawls in his Theory of Justice; he also advocates for a political philosophy organized around the ethos that shapes ordinary life, rather than one restricted to the coercive institutions of law and the state. Were ordinary ..

In A Theory of Justice, Rawls makes almost no mention of the issues of justice that animated philosophers in earlier centuries. There is no discussion of justice between persons, issues that Aristotle sought to explain under the idea of “corrective justice.” Nor is there discussion, except in passing, of punishment, another primary focus of the social contract approaches of Locke, Rousseau and Kant.1 My aim in this article is to argue that implicit in Rawls’s writing is a powerful and persuasive account of the normative significance of tort law and corrective justice.

I argue that institutions charged with giving justice must understand responsibility in terms of norms governing what people are entitled to expect of each other. On this conception, the sort of responsibility that is of interest to private law or distributive justice is not a relation between a person and the consequence, but rather a relation between persons with respect to consequences. As a result, nonrelational facts about a person’s actions and the circumstances in which she performs them will never settle the questions of responsibility that matter to institutions charged with giving justice. I show the significance of this way of thinking about responsibility by contrasting it with prominent conceptions of responsibility which suppose that its moral significance derives from the ways in which an individual person acts in the world. I demonstrate its power by focussing on cases in which responsibility is widely agreed to run out in ways that non-relational conceptions of responsibility cannot explain