Erin Kelly

This article integrates research on gendered organizations and the work-family interface to investigate an innovative workplace initiative, the Results-Only Work Environment, implemented in the corporate headquarters of Best Buy, Inc. While flexible work policies common in other organizations “accommodate” individuals, this initiative attempts a broader and deeper critique of the organizational culture. We address two research questions: How does this initiative attempt to change the masculinized ideal worker norm? And what do women’s and men’s responses reveal about the persistent ways that gender structures work and family life? Data demonstrate the ideal worker norm is pervasive and powerful, even as employees begin critically examining expectations regarding work time that have historically privileged men. Employees’ responses to ROWE are also gendered. Women are more enthusiastic, while men are more cautious. Ambivalence about and resistance to change is expressed in different ways depending on gender and occupational status.

The punitive, moralizing conception of individual responsibility commonly associated with retributive justice exaggerates the moral meaning of criminal guilt. Criminal guilt does not imply moral desert, nor does it justify moral blame. Mental illness, intellectual disability, addiction, immaturity, poverty, and racial oppression are factors that mitigate our sense of a wrongdoer’s moral desert, though they are mostly not treated by the criminal justice system as relevant to criminal culpability. The retributive theory also distracts from shared responsibility for social injustice. Instead of highlighting the moral urgency of correcting conditions that help to explain the crime rate, a commitment to retribution diverts attention from the social conditions that engender crime. These conditions include an unequal distribution of social, economic, and political power, which poses a serious problem for the retributive theory. When disadvantaged members of society act in ways that violate the criminal law, they are less morally blameworthy, even when the laws they violate are justified. Judgments of blame and desert, in relation to criminal justice, vary in accordance with political status. The diminished political power of oppressed groups is at odds with a retributive justification of punishment.

The idea of ‘moral responsibility’ is typically linked with praise and blame, and with the notion of ‘the voluntary’. It is often thought that if we are free, in the relevant sense, we may “deserve” praise or blame; otherwise, we do not. But when we look at whether and why we need the notions of praise and blame, we find that they are not as intimately connected with desert as many philosophers have thought. In particular, this paper challenges the idea that forms of evaluation and behavior tied to our “reactive attitudes” (especially resentment) best further morality’s aims, properly understood.

Injustice can undermine the standing states have to blame criminal offenders, and this raises a difficulty for a range of punishment theories that depend on a state's moral authority. When a state lacks the moral authority that flows from political legitimacy, its right to punish criminal lawbreakers cannot depend on a systematic claim about the legitimacy of the law. Instead, an unjust state is permitted to punish only criminal acts whose wrongness is established directly by morality, and only when criminal guilt is established through legal procedures that meet minimal standards of fairness. These restrictions narrow the proper scope of criminal law and invalidate popular rationales for punishment that construe punishment as blame.

The Heart of Human Rights develops an account of human rights as legal entities that serve important moral purposes in a legitimate international human rights practice. This paper examines Allen Buchanan’s general concept of institutional legitimacy and aims to expand that concept by emphasizing its connection with several ideas developed in the book about the nature and function of a system of international human rights. When it incorporates those ideas, Buchanan’s ‘Metacoordination View’ can be seen to set a standard of legitimacy not only for assessments of an international scheme of human rights institutions, but also for the basic institutional structures of domestic states. Furthermore, we can see how the nature and function of human rights in the international practice of human rights bears on legitimacy assessments of particular domestic institutions.