Linda Radzik

In Punishment and the Moral Emotions, Jeffrie Murphy rejects his earlier, strong endorsements of retributivism. Questioning both our motivations for embracing retributivism and our views about the basis of desert, he now describes himself as a “reluctant retributivist.” In this essay, I argue that Murphy should reject retributivism altogether. Even if we grant that criminals have negative desert, why should we suppose that it is desert of suffering? I argue that it is possible to defend desert-based theories of punishment that reject this view of the object of desert. I consider, but reject, expressivist versions of such a theory.

What makes an ``ought'''' claim authoritative? What makes aparticular norm genuinely reason-giving for an agent? This paper arguesthat normative authority can best be accounted for in terms of thejustification of norms. The main obstacle to such a theory, however, isa regress problem. The worry is that every attempt to offer ajustification for an ``ought'''' claim must appeal to another ``ought''''claim, ad infinitum. The paper argues that vicious regress canbe avoided in practical reasoning in the same way coherentists avoid theproblem in epistemology. Norms are justified by their coherence withother norms.

Michael J. Zimmerman offers a conceptual analysis of the moral ‘ought’ that focuses on moral decision-making under uncertainty. His central case, originally presented by Frank Jackson, concerns a doctor who must choose among three treatments for a minor ailment. Her evidence suggests that drug B will partially cure her patient, that one of either drug A or C would cure him completely, but that the other drug would kill him. Accepting the intuition that the doctor ought to choose drug B, Zimmerman argues that moral obligation consists in performing the action that is ‘prospectively best,’ that is ‘that which, from the moral point of view, it is most reasonable for the agent to choose’ given the evidence available to her at the time .Zimmerman defends his Prospective View of moral obligation against two main competitors in the long, first chapter of the book. According to the Objective View, a person ought to choose what is, in fact, the best option. The doctor ought to give her patient whichever drug will actually cure him. The fact that the doctor cannot know whether this is drug …

Is gossip ever appropriate as a response to other people’s misdeeds or character flaws? Gossip is arguably the most common means through which communities hold people responsible for their vices and transgressions. Yet, gossiping itself is traditionally considered wrong. This essay develops an account of social punishment in order to ask whether gossip can serve as a legitimate means of enforcing moral norms. In the end, however, I argue that gossip is most likely to be permissible where it resembles punishment as little as possible.

IntroductionStrawsonian theories of moral responsibility, which aim to ground the phenomenon of moral responsibility in our practices of holding one another accountable for our actions, lead us to think more carefully about the content of those practices. Strawson and his followers have done much to explore the significance of the deontic reactive attitudes (resentment, indignation and guilt), which we tend to aim at wrongdoers.P. F. Strawson, "Freedom and Resentment," Proceedings of the British Academy, Vol. 48 (1962). See also, R. Jay Wallace, Responsibility and the Moral Sentiments (Cambridge, MA: Harvard University Press, 1994); and Stephen Darwall, The Second-Person Standpoint: Morality, Respect and Accountability (Cambridge, MA: Harvard, 2006). In this essay, I am interested in the ways in which we express those attitudes. While it is plausible that experiencing a negative reactive attitude would be permissible in every case of blameworthy wrongdoing, few would agree that verbal ..

What makes a norm a genuinely authoritative guide to action? For many theorists, the answer takes a foundationalist form, analogous to foundationalism in epistemology. They say that there is at least one norm that is justified in itself. On most versions, the norm is said to be incorrigibly authoritative. All other norms are justified in virtue of their connection with it. This essay argues that all such foundationalist theories of normative authority fail because they cannot give an account of the privileged status of an allegedly foundational norm.

Do people deserve a chance to right the wrongs they have committed? Would denying an offender the opportunity to make amends amount to an injustice? There are compelling reasons to grant such a right. However, there are also significant objections. First, a right to make amends potentially undermines the state's right to punish criminal wrongdoers. Secondly, the alleged right threatens to put undue pressure on victims to forgive their abusers. In this essay I argue that these objections can be met and that wrongdoers do indeed have a right to make amends.

The literature in ethics is filled with theories of what makes an action wrong, what makes an actor responsible and blamable for his wrongful actions and what we are justified in doing to wrongdoers (e.g., may we punish them? must we forgive them?). However, there is relatively little discussion of what wrongdoers themselves must do in the aftermath of their wrongful acts. This essay attempts to remedy that problem by critically evaluating some competing accounts of the moral obligations of wrongdoers. It argues for a conception of atonement that highlights the value of reconciliation, as opposed to repentance or self-punishment.

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.

In her later writings Jean Hampton develops an expressive theory of punishment she takes to be retributivist. Unlike Feinberg, Hampton claims wrongdoings as well as punishments are expressive. Wrongdoings assert that the victim is less valuable than victimizer. On her view we are obligated to punish because we are obligated to respond to this false assertion. Punishment expresses the moral truth that victim and wrongdoer are equally valuable. We argue that Hampton's argument would work only if she held that exerting power over another provides evidence (albeit defeasible) of one's greater value. This is clearly a premise that neither she nor her readers are likely to accept.

When is one person entitled to sanction another for moral wrongdoing? When, instead, must one mind one’s own business? Stephen Darwall argues that the legitimacy of social sanctioning is essential to the very concept of moral obligation. But, I will argue, Darwall’s “second person” theory of accountability unfortunately implies that every person is entitled to sanction every wrongdoer for every misdeed. In this essay, I defend a set of principles for differentiating those who have the standing to sanction from those who do not.