Catriona Mackenzie

This article considers procedural justice in the law, with specific reference to the adjudicative context of governmental officials applying legal standards to particular cases. We critically survey the three main accounts of procedural justice in the literature: utilitarian, outcome‐based, and dignitarian. Utilitarian and outcome‐based theories share the instrumental view that the only purpose of procedures is to lead to accurate legal outcomes. However, the former are willing to trade off the benefits of accuracy against its costs, whereas the latter hold that procedural rights are necessary to guard against the injustice caused when individuals' legal rights are mistakenly denied. Dignitarian theories maintain that process matters apart from outcomes, because procedures should show respect for individuals' dignity in the Kantian sense of rational agency. We present a new perspective, drawing on relational theory. Relational theory holds that we are social creatures whose self‐identities and sense of self‐respect are bound up with the quality of our relationships with other individuals, groups, and institutions. Our relational account is informed by empirical research in social psychology which has found that people's evaluation of procedures is substantially influenced by relational concerns.

En los sectores políticos democráticos liberales, el principio del respeto a la autonomía es ampliamente aceptado —en teoría, si no siempre en la práctica— como un valor moral cardinal que debería guiar tanto la deliberación política, la política pública y las prácticas, como nuestras actitudes respecto a nuestros conciudadanos. En términos simples, respetar la autonomía es respetar los intereses de cada persona de vivir su vida según su propia concepción del bien. En la base del requisito normativo de respetar la autonomía de otro está la presunción de que la autonomía confiere autoridad normativa sobre la propia vida; la autoridad para tomar decisiones de importancia práctica para la propia vida, por razones propias, cualesquiera que sean. Se asume que las personas autónomas tienen la capacidad, el derecho y la responsabilidad de ejercer esta autoridad, incluso si no siempre lo hacen sabiamente.

Theories of collective intentionality and theories of relational autonomy share a common interest in analyzing the social dynamics of agency. However, whereas theories of collective intentionality conceive of social groups primarily as intentional and voluntarily willed, theories of relational autonomy claim that autonomous agency is both scaffolded and constrained by social forces and structures, including the constraints imposed by nonvoluntary group membership. The question raised by this difference in view is whether social theorizing that overlooks the effects of nonvoluntary social group membership on individual and joint agency overlooks crucial aspects of the social dynamics of agency. To explore this question, this article first evaluates Michael Bratman's planning analysis of individual agency from the perspective of relational autonomy theory and compares it with a narrative self‐constitution account of temporally extended agency. It then evaluates Bratman's analysis of shared agency and discusses Shaun Gallagher and Deborah Tollefsen's concept of we‐narratives, which extends the notion of narrative construction to shared agency. Overall, the argument aims to show that if we are interested in understanding the social dynamics of agency, it is critical to attend to the way that agents exercise their intentional agency in relation to internalized and external social constraints.

Bioethicists who seek to defend commercial transactions that intuitively seem exploitative, such as organ sales and commercial surrogacy, typically pair a liberal analysis of exploitation with a libertarian analysis of autonomy. In this paper, I argue that the liberal analysis of exploitation, which focuses primarily on two party transactions between individuals, occludes the structural dimensions of exploitation. This occlusion then paves the way for the transaction to be understood in terms of libertarian autonomy. I propose that a vulnerability analysis paired with a multidimensional and relational theory of autonomy highlights the structural dimensions of exploitation and exposes the myth-making that underlies claims that these forms of exploitation are autonomy-enhancing.

This volume brings together philosophical perspectives on emotions, imagination and moral reasoning with contributions from neuroscience, cognitive science, social psychology, personality theory, developmental psychology, and abnormal psychology. The book explores what we can learn about the role of emotions and imagination in moral reasoning from psychopathic adults in the general community, from young children, and adolescents with callous unemotional traits, and from normal child development. It discusses the implications for philosophical moral psychology of recent experimental work on moral reasoning in the cognitive sciences and neurosciences. Conversely, it shows what cognitive scientists and neuroscientists have still to learn from philosophical perspectives on moral reasoning, moral reflection, and moral responsibility. Finally, it looks at whether experimental methods used for researching moral reasoning are consistent with the work in social psychology and with philosophical thought on adult moral reasoning in everyday life. The volume's wide-ranging perspectives reflect the varied audiences for the volume, from students of philosophy to psychologists working in cognition, social and personality psychology, developmental psychology, abnormal psychology, and cognitive neuroscience.

The essays collected in this volume address a range of issues that arise when the focus of philosophical reflection on identity is shifted from metaphysical to practical and evaluative concerns. They also explore the usefulness of the notion of narrative for articulating and responding to these issues. The chapters, written by an outstanding roster of international scholars, address a range of complex philosophical issues concerning the relationship between practical and metaphysical identity, the embodied dimensions of the first-personal perspective, the kind of reflexive agency involved in the self-constitution of one’s practical identity, the relationship between practical identity and normativity, and the temporal dimensions of identity and selfhood. In addressing these issues, contributors engage with debates in the literatures on personal identity, phenomenology, moral psychology, action theory, normative ethical theory, and feminist philosophy.