: This paper explores vicarious responsibility and circumstantial luck from a first-person perspective, drawing on ethnographic research on parenting in Reform Era China. The paper focuses on how informants drew boundaries between what they could and could not control in raising a child who might thrive in a hypercompetitive society. In doing so, the paper engages the question, “What kind of moral agent do we want?” by proposing that we also ask, “What kind of moral agent do we (...) find?” In contrast to the hypothetical figure of a walled-off agent who must be convinced of the duty to take on responsibilities in a circumstance of moral luck, empirical research finds instead a vulnerable agent who has taken on ‘too much’. (shrink)

Vicarious responsibility is a notoriously puzzling notion in normative reasoning. In this article we will explore two fundamental issues, which we will call the “explication problem” and the “justification problem”. The former issue concerns how vicarious responsibility can plausibly be defined in terms of other normative concepts. The latter issue concerns how ascriptions of vicarious responsibility can be justified. We will address these two problems by combining ideas taken from legal theory and moral philosophy. (...) Our analysis will emphasise the importance of the voluntary involvement of the normative parties considered liable in a relation with other normative parties who causally contributed to a prohibited state-of-affairs. (shrink)

Vicarious responsibility is sometimes analysed by considering the different kinds of agents involved—who is vicariously responsible for the actions of whom? In this paper, I discuss vicarious responsibility from a different angle: in what sense is the vicarious agent responsible? I do this by considering the ways in which one may take responsibility for events caused by another agent or process. I discuss three senses of taking responsibility—accepting fault, assuming obligations, and fulfilling obligations—and (...) the forms of vicarious responsibility that correspond to these. I end by explaining how to judge which sense applies in a given case, based on the degree of (what I call) moral entanglement between the agent and what they should take responsibility for. (shrink)

This paper investigates whether responsibility could be borne vicariously. I distinguish between three different senses of responsibility: attributional responsibility, practices of holding people responsible, and substantive responsibility. I argue that it is doubtful both whether attributional responsibility could be borne vicariously, and whether it could be appropriate to hold someone vicariously responsible. However, I suggest that substantive responsibility can genuinely be borne vicariously. Getting clear on these conceptual issues has important implications for how we (...) approach more concrete legal and political questions. More specifically, I argue these abstract arguments can be used to inform views on the common-law doctrine of joint enterprise, and on reparations for historic injustice. (shrink)

Vicarious responsibility exists. It is (also) a species of moral responsibility. Nevertheless, it is seldomly discussed or considered as such in the main debates within moral philosophy. This article presents a case for the relevance of vicarious moral responsibility to several of these discussions. It seeks to provide new insights for the debate between historicism and structuralism and presents a further case for distinguishing between various facets of moral responsibility. Furthermore, the article demonstrates that (...) an agent need not enter into the relation of vicarious responsibility freely in order to be responsible. This idea then allows us to present new cases for compatibilism, demonstrating the consistency of moral responsibility with determinism. (shrink)

On the standard reading of Kant’s ethics, agents are responsible only for their acts of willing, not the consequences of their willing, much less the acts or consequences of other agents’ willing (vicarious responsibility). It is therefore somewhat puzzling to find Kant discussing vicarious responsibility, and with apparent approbation, in the treatment of a case that has come to typify his ethics, the murderer at the door. Nonetheless, he does so, and in his lesser known works, (...) Kant even sets out a rudimentary framework for handling such cases. My goal in this chapter is to draw attention to this neglected aspect of Kant’s ethics. I want to show that Kant accepted vicarious responsibility openly and explicitly, both in his ethical and in his legal theory. In so doing, I hope to reveal how much the current understanding of Kant’s theory of responsibility, accepted by Kantians and non-Kantians alike, has failed to capture fairly basic parts of his thought. (shrink)

Down syndrome (DS), the most common genetic cause of intellectual disability, results from the partial or complete triplication of chromosome 21. Individuals with DS are impaired at using a high-resolution, allocentric spatial representation to learn and remember discrete locations in a controlled environment. Here, we assessed the capacity of individuals with DS to perform low-resolution spatial learning, depending on two competing memory systems: (1) the place learning system, which depends on the hippocampus and creates flexible relational representations of the environment; (...) and (2) the response learning system, which depends on the striatum and creates fixed stimulus-response representations of behavioral actions. Individuals with DS exhibited a preservation of the low-resolution spatial learning capacities subserved by these two systems. In place learning, although the average performance of individuals with DS was lower than that of typically-developing (TD) mental age-matched children and TD young adults, the number of individuals with DS performing above chance level did not differ from TD children. In response learning, the average performance of individuals with DS was lower than that of TD adults, but it did not differ from that of TD children. Moreover, the number of individuals with DS performing above chance level did not differ from TD adults, and was higher than that of TD children. In sum, whereas low-resolution place learning appears relatively preserved in individuals with DS, response learning appears facilitated. Our findings are consistent with the hypothesis that the neural pathways supporting low-resolution place learning and response learning are relatively preserved in DS. (shrink)

Who is responsible when an AI machine causes something to go wrong? Or is there a gap in the ascription of responsibility? Answers range from claiming there is a unique responsibility gap, several different responsibility gaps, or no gap at all. In a nutshell, the problem is as follows: on the one hand, it seems fitting to hold someone responsible for a wrong caused by an AI machine; on the other hand, there seems to be no fitting (...) bearer of responsibility for this wrong. In this article, we focus on a particular (aspect of the) AI responsibility gap: it seems fitting that someone should bear the legal consequences in scenarios involving AI machines with design defects; however, there seems to be no such fitting bearer. We approach this problem from the legal perspective, and suggest vicarious liability of AI manufacturers as a solution to this problem. Our proposal comes in two variants: the first one has a narrower range of application, but can be easily integrated in current legal frameworks; the second one requires a revision of current legal frameworks, but has a wider range of application. The latter variant employs a broadened account of vicarious liability. We emphasise strengths of the two variants and finally highlight how vicarious liability offers important insights for addressing a moral AI responsibility gap. (shrink)

What makes one individual’s experience vicarious is that it is both similar to, and caused by, another’s psychological state. Vicarious responses are mediated by the observation of another’s goal-directed or expressive action. While the evidence from cognitive neuroscience suggests the ubiquity of vicarious responses to others’ goals, intentions, sensations and emotions, the question is: is the general function of vicarious responses to understand another’s mind? In this paper, I argue for a dual view of the function (...) of vicarious responses: while empathetic responses are other-directed, contagious responses are self-centered. (shrink)

In cases of complicity in one’s own unfreedom and in structural injustice, it initially appears that agents are only vicariously responsible for their complicity because of the roles circumstantial and constitutive luck play in bringing about their complicity. By drawing on work from the phenomenological tradition, this paper rejects this conclusion and argues for a new responsive sense of agency and responsibility in cases of complicity. Highlighting the explanatory role of stubbornness in cases of complicity, it is argued that (...) although agents may only be vicariously responsible for becoming complicit, they can be held more directly responsible for entrenching their complicity. The complicit agent is responsible for their complicity to the extent that they fail to take responsibility for it. (shrink)

Participants watched themselves in a mirror while another person behind them, hidden from view, extended hands forward on each side where participants’ hands would normally appear. The hands performed a series of movements. When participants could hear instructions previewing each movement, they reported an enhanced feeling of controlling the hands. Hearing instructions for the movements also enhanced skin conductance responses when a rubber band was snapped on the other’s wrist after the movements. Such vicarious agency was not felt when (...) the instructions followed the movements, and participants’ own covert movement mimicry was not essential to the influence of previews on reported control. (shrink)

Grief is often described as characterized by a particular emotional response to another person’s death. While this is true of paradigm cases, we argue that a broader notion of grief allows accommodating forms of this emotional experience that deviate from the paradigmatic case. The bulk of the paper explores such a nonparadigmatic form of grief, anticipatory-vicarious grief, which is typically triggered by pondering the inevitability of our own death. We argue that AV-grief is a particular moral emotion that serves (...) a unique function and is indissolubly linked to the practical identities of human agents. An agent’s AV-grief is about the harm that occurs to individuals whose practical identities depend on the agent. (shrink)

Actions receive teleological descriptions and reason explanations. In some circumstances, these descriptions and explanations might appeal not just to the agent’s own purposes and reasons, but also to the purposes and reasons of others in her social surroundings. Some actions have a social teleology. I illustrate this phenomenon and I propose a concept of vicarious action to account for it. An agent acts vicariously when she acts in response to the demand of another agent who knew that her demand (...) was likely to succeed. I argue that vicariousness grounds the social teleology of the resulting actions. (shrink)

ABSTRACTResearch with children has demonstrated that both positive vicarious learning and positive verbal information can reduce children's acquired fear responses for a particular stimulus. However, this fear reduction appears to be more effective when the intervention pathway matches the initial fear learning pathway. That is, positive verbal information is a more effective intervention than positive modelling when fear is originally acquired via negative verbal information. Research has yet to explore whether fear reduction pathways are also important for fears acquired (...) via vicarious learning. To test this, an experiment compared the effectiveness of positive verbal information and positive vicarious learning interventions for reducing vicariously acquired fears in children. Both vicarious and informational fear reduction interventions were found to be equally effective at reducing vicariously acquired fears, suggesting that acquisition and intervention pathways do not need to m... (shrink)

Empathy is often split into an affective facet for embodied simulation or sometimes sensorial processing, and a cognitive facet for mentalizing and perspective-taking. However, a recent neurophenomenological framework proposes a graded view on empathy (i.e., “Graded Empathy”) that extends this dichotomy and considers multiple levels while integrating complex neural patterns and representations of subjective experience. In the current magnetoencephalography study, we conducted a multidimensional investigation of neural oscillatory modulations and their cortical sources in 44 subjects while observing stimuli that convey (...) vicarious pain (vs no-pain) in a broad time window and frequency range to explore rich neural representations of pain empathy. Furthermore, we collected participants’ subjective-experience of sensitivity to vicarious pain, as well as their self-reported trait levels of affective and cognitive empathy to examine the possible associations between neural mechanisms and subjective experiences and reports. While extending previous electrophysiological studies that mainly focused on alpha suppression, we found here four significant power modulation patterns corresponding to multiple facets of empathy: an early central (peaking in the paracentral sulcus) alpha (6–11 Hz) suppression pattern plausibly reflecting sensory processing, two early beta (15–23 Hz) suppression patterns in the mid-cingulate cortex (plausibly reflecting the affective component) and in the precuneus (plausibly reflecting the cognitive component), and a late anterior (peaking in the orbitofrontal cortex) alpha-beta (11–19 Hz) enhancement pattern (plausibly reflecting cognitive-control inhibitory response). Interestingly, the latter measure was negatively correlated with the subjective sensitivity to vicarious pain, thereby possibly revealing a novel inhibitory neural mechanism determining the subjective sensitivity to vicarious pain. Altogether, these multilevel findings cannot be accommodated by the dichotomous model of empathy (i.e., affective-cognitive), and provide empirical support to theGraded Empathyneurophenomenological framework. Furthermore, this work emphasizes the importance of examining multiple neural rhythms, their cortical generators, and reports of subjective-experience in the aim of elucidating the complex nature of empathy. (shrink)

When a computer system causes harm, who is responsible? This question has renewed significance given the proliferation of autonomous systems enabled by modern artificial intelligence techniques. At the root of this problem is a philosophical difficulty known in the literature as the responsibility gap. That is to say, because of the causal distance between the designers of autonomous systems and the eventual outcomes of those systems, the dilution of agency within the large and complex teams that design autonomous systems, (...) and the impossibility of fully predicting how autonomous systems will behave once deployed, determining who is morally responsible for harms caused by autonomous systems is unclear at a conceptual level. I review past work on this topic, criticizing prior works for suggesting workarounds rather than philosophical answers to the conceptual problem presented by the responsibility gap. The view I develop, drawing on my earlier work on vicarious moral responsibility, explains why computing professionals are ethically required to take responsibility for the systems they design, despite not being blameworthy for the harms these systems may cause. (shrink)

Testosterone fluctuates in response to competitive social interactions, with the direction of change typically depending on factors such as contest outcome. Watching a competition may be sufficient to activate T among fans and others who are invested in the outcome. This study explores the change in T associated with vicarious experiences of competition among combat sport athletes viewing a teammate win or lose and assesses how individual differences in social identification with one’s team relates to these patterns of T (...) reactivity. Twenty-six male combat athletes completed a social identity questionnaire on a neutral day. Later, salivary samples were obtained before and after athletes viewed a video of a teammate engaged in a formal contest. T reactivity to viewing a teammate compete varied among participants in both the magnitude and direction of change, independent of contest outcome. Individual differences in cognitive centrality, a core feature of social identification, showed a strong positive relationship with T reactivity, particularly if their teammate won. Initial findings suggest that dominance-linked androgen responses associated with watching a teammate win a competition might depend on the belief that team membership is central to one’s own identity. These exploratory results in a small sample of combat athletes should be interpreted with caution. Uncovering the role of social group dynamics in influencing T responses to competition is particularly important in light of the evolutionary history of coalitional combat in humans. (shrink)

Greenwashing is a phenomenon that is linked to scandals that often occur at the supply-chain level. Nevertheless, research on this subject remains in its infancy; much more is needed to advance our understanding of stakeholders’ reactions to greenwashing. We propose here a new typology of greenwashing, based on the locus of discrepancy, i.e. the point along the supply-chain where the discrepancy between ‘responsible words’ and ‘irresponsible walks’ occurs. With three experiments, we tested how the different forms of greenwashing affect stakeholders’ (...) reactions, from both ethical and business perspectives. We developed our hypotheses by building on attribution theory, which seeks to account for how observers construct perceptions about events. We had anticipated that the more internal, controllable and intentional the discrepancy is, the greater the blame attributed to a company is, and the lower the intention to invest will be. When greenwashing occurs at a company level, this results in a higher level of blame attribution, while the intention to invest falls. Indirect greenwashing refers to a misbehaviour perpetrated by a supplier who claims to be sustainable, and which results in a less negative impact on a supplied company. We also propose the vicarious greenwashing, which occurs when the behaviour of a supplier is in breach of a company’s claims of sustainability. This type of greenwashing is nevertheless detrimental to investment. The findings here advance our understanding of how greenwashing shapes stakeholders’ reactions, and highlight the need for the careful management of the supply-chain. (shrink)

The fact that corporate responsibility supervenes on human action implies that there are two possible kinds of account of the former, namely reductive accounts in which the responsibility of the corporation devolves down without remainder to its officers, and those in which it does not. Two versions of the latter are discussed here. The first, due to Peter French, tries to satisfy the supervenience requirement by defining corporate action in terms of human action. It is argued that the (...) corresponding view of intention, intentions as plans, does not serve to show how the defined notion of corporate action also brings with it attributions of responsibility. An alternative account, taking its point of departure from Feinberg’s ideas of vicarious and collective responsibility, is therefore proposed. It is argued that when officers of a corporation substitute the “decision-making mechanism” of the corporation for their own, then responsibility, but not action, can transfer to the corporation. Furthermore, it is argued that this nonreductivist account can be defended against the reductivist charge that attributions of moral responsibility to corporations is a category mistake. (shrink)

This paper identifies a distinctive kind of moral luck, deep circumstantial luck and then explores its effects on moral responsibility. A key feature of the phenomenon is that it is recurrent rather than one-off. It also affects agents across a wide range of situations making it difficult to detect. Deeply unlucky agents are subject to unfavourable moral assessments through no fault of their own both in specific cases and when they try to respond to such initial assessments. In this (...) respect, deep circumstantial luck takes the form of a normative burden that grows over time. A process-oriented conception of moral responsibility as answerability is proposed to explain this phenomenon and highlight its implications for rethinking vicarious responsibility. (shrink)

This article argues for the claim that we are morally responsible (in the qualified sense proposed in the article) for the crimes of our ancestors if our ancestors, as a collectivity, were part of a community for whose sake and in whose name crimes were committed that meet the definition of the crime of genocide. This claim of ‘‘vicarious intergenerational moral responsibility’’ is supported by two arguments. The first counters the claim that one cannot have responsibilities for events (...) in the past by arguing that this claim oversimplifies one’s relationship to one’s past and the collectivities in which people live. Such collectivities, both ethnic and religious, have identities across time; identification with these collectivities involves accepting certain moral obligations. The second argument is based on the following premise: the political, social, cultural, and educational institutions that mark all large collectivities, such as nations, provide a degree of moral reliability that is necessary for individuals to carry out their legitimate interests. We count on such institutions to exemplify the values that allow individuals to flourish in their life activities. These institutions are by their very nature intergenerational. The moral reliability of such institutions thus requires that we endeavor to acknowledge and repair the damage caused by the failure of these institutions in the past. Accordingly, their health engenders a moral obligation on our part. Vicarious intergenerational moral responsibility is a responsibility not to the past per se but to the past as it plays an active role in the present. (shrink)

There is a widely accepted distinction between being directly responsible for a wrongdoing versus being somehow indirectly or vicariously responsible for the wrongdoing of another person or collective. Often this is couched in analyses of complicity, and complicity’s role in the relationship between individual and collective wrongdoing. Complicity is important because, inter alia, it allows us to make sense of individuals who may be blameless or blameworthy to a relatively low degree for their immediate conduct, but are nevertheless blameworthy to (...) a higher degree for their implication in some larger (or another person’s) wrongdoing. In this paper, I argue that there is a distinctively epistemic kind of complicity. First, I motivate the distinction between direct and vicarious responsibility with three interlocking arguments, respectively appealing to: i) the structure of rational agency; ii) linguistic considerations; iii) the role of “principal vs. accomplice” in legal doctrine. I show how these arguments naturally extend to the epistemic domain, motivating an epistemic form of vicarious responsibility. I then examine complicity as a mechanism of vicarious epistemic responsibility. To fill this out, I engage with an epistemic analogue of the debate about the role of intention versus causal contribution in complicity. I propose a Casual Account of Epistemic Complicity, arguing that it accommodates a wide range of cases, and enables fine-grained explanations of degrees of culpability for epistemic complicity. With an adequate account of epistemic complicity on hand, we can explain what is objectionable about an important class of epistemic agent who, on an individual level, may be epistemically blameless or blameworthy to a relatively low degree, but whose relation to other individuals or collectives nevertheless makes them epistemically blameworthy to a higher degree. I explore some broader implications of this result. (shrink)

Determinism is, roughly, the thesis that facts about the past and the laws of nature entail all truths. A venerable, age-old dilemma concerning responsibility distils to this: if either determinism is true or it is not true, we lack "responsibility-grounding" control. Either determinism is true or it is not true. So, we lack responsibility-grounding control. Deprived of such control, no one is ever morally responsible for anything. A number of the freshly-minted essays in this collection address aspects (...) of this dilemma. Responding to the horn that determinism undermines the freedom that responsibility (or moral obligation) requires, the freedom to do otherwise, some papers in this collection debate the merits of Frankfurt-style examples that purport to show that one can be responsible despite lacking alternatives. Responding to the horn that indeterminism implies luck or randomness, other papers discuss the strengths or shortcomings of libertarian free will or control. Also included in this collection are essays on the freedom requirements of moral obligation, forgiveness and free will, a "desert-free" conception of free will, and vicarious legal and moral responsibility. The authors of the essays in this volume are philosophers who have made significant contributions to debates in free will, moral responsibility, moral obligation, the reactive attitudes, philosophy of action, and philosophical psychology, and include John Martin Fischer, Robert Kane, Michael McKenna, Alfred Mele, and Derk Pereboom. (shrink)

Many criminal law scholars have criticized the responsible corporate officer doctrine as a form of strict and vicarious liability. It is neither. It is merely a doctrine that supplies a duty in instances of omissions. Siding with Todd Aagaard in this debate, I argue that a proper reading of the cases yields that the responsible corporate officer doctrine is just duty supplying, and does not allow for strict liability when the underlying statute requires mens rea. After analyzing Dotterweich, Park, (...) and their progeny, I probe the depths of this duty-supplying doctrine, including to whom the duty is owed, whether the duty is grounded in statute, cause of peril, or contract, and what the content of the duty is. Although the responsible corporate officer doctrine unveils questions we may have about duty generally, it is no more problematic than other duty-supplying doctrines in the criminal law. (shrink)

The subject of the book is responsibility for collective crime. Collective crime is an act committed by a significant number of the members of a group, in the name of all members of that group, with the support of the majority of group members, and against individuals targeted on the basis of their belonging to a different group.The central claim is that all members of the group in whose name collective crime is committed share responsibility for it. This (...) book's special interest is with analytical and normative defense of arguments that purport to explain reasons for, and the character of, responsibility of decent people. Those who did not intend, support, or committed wrong, are still accountable in a non-vicarious manner. The basis of their responsibility is the crime-specific relationship between group identity and personal identity. (shrink)

The need for research to advance scientific understanding must be balanced with ensuring the rights and wellbeing of participants are safeguarded, with some research topics posing more ethical quandaries for researchers than others. Moral injury is one such topic. Exposure to potentially morally injurious experiences can lead to significant distress, including post-traumatic stress disorder (PTSD), depression, and selfinjury. In this article, we discuss how the rapid expansion of research in the field of moral injury could threaten the wellbeing, dignity and (...) integrity of participants. We also examine key guidance for carrying out ethically responsible research with participants’ rights to self-determination, confidentiality, non-maleficence and beneficence discussed in relation to the study of moral injury. We describe how investigations of moral injury are likely to pose several challenges for researchers including managing disclosures of potentially illegal acts, the risk of harm that repeated questioning about guilt and shame may pose to participant wellbeing in longitudinal studies, as well as the possible negative impact of exposure to vicarious trauma on researchers themselves. Finally, we offer several practical recommendations that researchers, research ethics committees and other regulatory bodies can take to protect participant rights, maximise the potential benefits of research outputs and ensure the field continues to expand in an ethically responsible way. (shrink)

:This essay undertakes two tasks: first, to describe the differing mens rea requirements for accomplice liability of both Anglo-American common law and the American Law Institute's Model Penal Code; and second, to recommend how the mens rea requirements of both of these two sources of criminal law in America should be amended so as to satisfy the goals of clarity and consistency and so as to more closely conform the criminal law to the requirements of moral blameworthiness. Three "pure models" (...) of the mens rea requirements for complicity are distinguished, based on the three theories of liability conventionally distinguished in the general part of Anglo-American criminal law. One of these, the vicarious responsibility model, is put aside initially because of both its descriptive inaccuracy and its normative undesirability. The analysis proceeds using the other two models: that of the mens rea requirements for principal liability for completed crimes, and that of the mens rea requirements for attempt liability. Both the common law and the Model Penal Code are seen as complicated admixtures of these two models, the common law being too narrow in the scope of its threatened liability and the Model Penal Code being both too broad and too opaque in its demands for accomplice liability. The normative recommendation of the paper is to adopt the model for the mens rea of complicity that treats it as a form of principal liability, recognizing that the overbreadth of liability resulting from adoption of that model would have to be redressed by adopting a "shopkeeper's privilege" as an affirmative defense separate from any mens rea requirement. View HTML Send article to KindleTo send this article to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.UNTYING THE GORDIAN KNOT OF MENS REA REQUIREMENTS FOR ACCOMPLICESVolume 32, Issue 2Heidi M. Hurd and Michael S. Moore DOI: https://doi.org/10.1017/S0265052516000157Your Kindle email address Please provide your Kindle email.@free.kindle.com@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. UNTYING THE GORDIAN KNOT OF MENS REA REQUIREMENTS FOR ACCOMPLICESVolume 32, Issue 2Heidi M. Hurd and Michael S. Moore DOI: https://doi.org/10.1017/S0265052516000157Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. UNTYING THE GORDIAN KNOT OF MENS REA REQUIREMENTS FOR ACCOMPLICESVolume 32, Issue 2Heidi M. Hurd and Michael S. Moore DOI: https://doi.org/10.1017/S0265052516000157Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation Request permission. (shrink)

Intergenerational trauma research typically focuses on parent survivors. No specific guidelines are available for conducting research with parent survivors despite potentially unique risks. To investigate research safety with parent survivors, we conducted an online survey of 38 researchers regarding experiences of parent survivors in their research, precautions taken, ethical review experiences, and researchers’ mental health during the project(s). Most researchers felt that parent survivors are a unique population that require extra support. However, the response rate was low. Findings show the (...) need for specific research guidelines informed by parent survivors’ lived experiences, and to support researchers against vicarious traumatic stress. (shrink)

I show that the Pinkerton rule in conspiracy law is doctrinally and morally flawed. Unlike past critics of the rule, I propose a statutory fix that preserves and reforms it rather than abolishing it entirely. As I will show, this accommodates authors like Neil Katyal who have defended the rule as an important crime fighting tool while also fixing most of the traditional problems with it identified by critics like Wayne LaFave. Pinkerton is a vicarious liability rule that makes (...) conspirators criminally responsible for the foreseeable crimes of their coconspirators committed in furtherance of the conspiracy. It has two big problems: (1) Doctrinally, it breaks the logic of the many state criminal codes that are based on the Model Penal Code. (2) Ethically, it infringes the culpability constraint on the criminal law by imposing excessive punishments on defendants who did not even consciously suspect that their coconspirators would commit additional crimes that were not the object of the conspiracy. These problems are most acute in Texas, where Pinkerton can be combined with capital murder charges to produce automatic life without parole sentences. The Texas example is an extreme illustration of the problem of unintended consequences when state legislators tinker with the carefully drafted, interlocking provisions of a model code. The new statute I propose would put the penal code back in order and respect the culpability constraint. In the latter aspect, it is informed by leading work in philosophical ethics on blameworthiness and culpability. (shrink)

Church authority is a vicarious, sacramental, grace-communicating operation implying both service of the people of God and mutual responsiveness in a creative and ceaseless dialogue.

Defined as vicarious sensorimotor experiencing, mental imagery is a powerful source of aesthetic enjoyment in everyday life and, reportedly, one of the commonest things readers remember about literary narratives in the long term. Furthermore, it is positively correlated with other dimensions of reader response, most notably with emotion. Until recent decades, however, the phenomenon of mental imagery has been largely overlooked by modern literary scholarship. As an attempt to strengthen the status of mental imagery within the literary and, more (...) generally, aesthetic discipline, this dissertation proposes an analysis positioned at a confluence of literary theory and the cognitive sciences, especially the emergent research framework of embodied cognition. Questions asked throughout the dissertation include the following: a) What are the basic varieties of mental imagery in the reading of literary narrative? b) By what contents or narrative strategies are they most likely to be prompted? c) What is it like to experience a mental image of a particular variety? d) What are its psychophysiological underpinnings? e) How does a mental image of a particular variety relate to perception? f) How does it relate to higher-order meaning-making? Four prototypical imagery varieties are distinguished on the basis of two variables with two values each (referential vs. verbal domain; inner vs. outer stance). Gradual transitions and in-between imagery varieties are acknowledged. The imagery typology and related hypotheses are grounded in introspection but carefully supported with indirect empirical evidence and, whenever possible, formulated so as to facilitate direct validation. (shrink)

Determinism is, roughly, the thesis that facts about the past and the laws of nature entail all truths. A venerable, age-old dilemma concerning responsibility distils to this: if either determinism is true or it is not true, we lack "responsibility-grounding" control. Either determinism is true or it is not true. So, we lack responsibility-grounding control. Deprived of such control, no one is ever morally responsible for anything. A number of the freshly-minted essays in this collection address aspects (...) of this dilemma. Responding to the horn that determinism undermines the freedom that responsibility (or moral obligation) requires, the freedom to do otherwise, some papers in this collection debate the merits of Frankfurt-style examples that purport to show that one can be responsible despite lacking alternatives. Responding to the horn that indeterminism implies luck or randomness, other papers discuss the strengths or shortcomings of libertarian free will or control. Also included in this collection are essays on the freedom requirements of moral obligation, forgiveness and free will, a "desert-free" conception of free will, and vicarious legal and moral responsibility. This chapter points to the importance of the topics discussed in the volume and interesting arguments worth noting. (shrink)

This essay sets forth a philosophical reformulation and defense of the doctrine of original sin. The sticking point of the traditional doctrine is its apparent commitment to the proposition that moral guilt is heritable. While I make no claim to defend the justice of vicarious punishment (the idea of having one person suffer for the sins of another), I credit nevertheless the idea of vicarious guilt. As responsible beings, we have to answer for evil that we cannot conceivably (...) have willed ourselves. The reformulation of original sin and guilt takes its inspiration from Kant's conception of radical evil, which is refined in light of some contemporary reflection on the nature of responsible freedom. (shrink)

This paper investigates agents’ blameworthiness when they are part of a group that does harm. We analyse three factors that affect the scope of an agent’s blameworthiness in these cases: shared intentionality, interpersonal influence, and common knowledge. Each factor involves circumstantial luck. The more each factor is present, the greater is the scope of each agent’s vicarious blameworthiness for the other agents’ contributions to the harm. We then consider an agent’s degree of blameworthiness, as distinct from her scope of (...) blameworthiness. We suggest that an agent mostly controls her degree of blameworthiness—but even here, luck constrains what possible degrees of blameworthiness are open to her. (shrink)

Empathy is an emotional response that may facilitate prosocial behavior and inhibit aggression by increasing empathic concern for others. But the vicarious experience of other’s feelings may also turn into personal distress when the person has poor regulation skills and holds stigmatizing beliefs. In thinking about the processes that may trigger the experience of personal distress or empathic concern, research on the influence of psychological flexibility and inflexibility on stigma is showing promising results. Both processes are assessed with the (...) Acceptance and Action Questionnaire–Stigma. The current study sought to carry out a validity study of a Spanish version of the AAQ-S with a sample of adolescents aged 11–17 years. The study included an expanded test of its predictive validity with measures at three times to evaluate the role of psychological flexibility and inflexibility as risk or protective variables for the development of personal distress and/or empathic concern in the stigmatizer. Statistical analyses confirmed a two-correlated-factor solution, the adequate reliability of both factors, and their construct and predictive validity in the expected direction. The stigmatizer’s inflexible reaction to their stigmatizing thoughts predicted the occurrence of personal distress, whereas the stigmatizer’s flexible reaction to their stigmatizing thoughts predicted the occurrence of empathic concern for others. These findings confirm the importance of considering the role of regulatory skills in the experience of empathic concern or personal distress in the presence of stigmatizing thoughts, with possible implications for the promotion of prosocial behavior and the reduction of aggressive behavior among adolescents. (shrink)

Definitions and distinctions -- Classification -- Of the ends of punishment -- Cases unmeet for punishment -- Expense of punishment -- Measure of punishment -- Of the properties to be given to a lot of punishment -- Of analogy between crimes and punishment -- Of retaliation -- Popularity -- Simple afflictive punishments -- Of complex afflictive punishments -- Of restrictive punishments--territorial confinement -- Imprisonment -- Imprisonment--fees -- Imprisonment examined -- General scheme of imprisonment -- Of other species of territorial confinement--quasi-imprisonment--relegation--banishment (...) -- Of simply restrictive punishments -- Of active or laborious punishment -- Capital punishment -- Capital punishment examined -- Punishment analyzed -- Of the punishments belonging to the moral sanction -- Forfeiture of reputation -- Of pecuniary forfeitures -- Forfeiture of condition -- Forfeiture of the protection of the law -- Naturally extravasting punishment--rules concerning it -- Punishment apparently, but not really, mis-seated--civil responsibility -- Mis-seated punishment, varieties of -- Vicarious punishment -- Transitive punishment -- Disadvantages of this mode of punishment -- Collective punishment -- Random punishment -- Cause of the frequency of mis-seated punishment -- Inconveniences of complex punishments -- Of transportation -- Panopticon penitentiary -- Felony -- Of præmunire -- Outlawry -- Excommunication -- Choice of punishment--latitude to be allowed to the judges -- Of subsidiary punishments -- Of surety for good conduct -- Defeazance of punishment. (shrink)

Participants were asked to draw inferences about correlation from single x,y observations. In Experiment 1 statistically sophisticated participants were given the univariate characteristics of distributions of x and y and asked to infer whether a single x, y observation came from a correlated or an uncorrelated population. In Experiment 2, students with a variety of statistical backgrounds assigned posterior probabilities to five possible populations based on single x, y observations, again given knowledge of the univariate statistics. In Experiment 3, statistically (...) naïve participants were given a problem analogous to that given in Experiment 1, framed verbally. Experiment 4 replicated Experiment 3 but added an “impossible to determine” response option. Models that rely on computing sample correlations make no predictions about these investigations. From a Bayesian perspective, participants’ inferences in all four experiments tended to make probabilistically valid inferences as long as the single datum was directional. The results are discussed in light of the Brunswikian notion of vicarious functioning. (shrink)

Respondeat superior is a legal doctrine conferring liability from one party onto another because the latter stands in some relationship of authority over the former. Though originally a doctrine of tort law, for the past century it has been used within the criminal law, especially to the end of securing criminal liability for corporations. Here, I argue that on at least one prominent conception of criminal responsibility, we are not justified in using this doctrine in this way. Firms are (...) not answerable for the crimes committed by their employees, because firms cannot answer as to why the crime was committed; they lack the authority to offer the employee’s reasons for action. Though this rules out respondeat superior as a general principle, I show contexts in which vicarious liability is still appropriate in the criminal law, and I respond to a number of other concerns raised by this picture. (shrink)

Establishing interdisciplinary academic departments has been a common response to the challenge of addressing complex problems. However, the assumptions that guide the formation of such departments are rarely questioned. Additionally, the designers and managers of interdisciplinary academic departments in any field of endeavour struggle to set an organisational climate appropriate to the diversity of their members. This article presents a preliminary analysis of collaborative dynamics within two interdisciplinary university departments in Australia focused on sustainability. Social network diagrams and metrics of (...) coauthorship and cosupervision are analysed qualitatively. A "vicarious interdisciplinarity" was identified among key academics working narrowly in order to earn the resources that allow them to support others working interdisciplinarily. Those supported in this way appear to benefit from the esteem and nonredundant collaborative connections their mentors provide via this strategy, but they experience uncertainty about their own career opportunities in similar settings. This article thus unearths a conundrum of succession for interdisciplinary academic environments, and suggests that simple colocation of diverse academic stars is an inadequate strategy to achieve effective intradepartmental collaboration. (shrink)

This study examines steroid production in fathers watching their children compete, extending previous research of vicarious success or failure on men’s hormone levels. Salivary testosterone and cortisol levels were measured in 18 fathers watching their children play in a soccer tournament. Participants completed a survey about the game and provided demographic information. Fathers with higher pregame testosterone levels were more likely to report that referees were biased against their children’s teams, and pre- to postgame testosterone elevation was predicted by (...) watching sons compete rather than daughters as well as perceptions of unfair officiating. Pregame cortisol was not associated with pregame testosterone or with perceived officiating bias, but cortisol did fluctuate synergistically with testosterone during spectator competition. Although fathers showed no consistent testosterone change in response to winning or losing, pregame testosterone may mediate steroid hormone reactivity to other aspects of their children’s competition. (shrink)

We are more used to thinking of medicine in relation to the ways that it alleviates the effects of violence. Yet an important thread in the academic literature acknowledges that medicine can also be responsible for perpetuating violence, albeit unintentionally, against the very individuals it intends to help. In this essay, I discuss definitions of violence, emphasizing the importance of understanding the term not only as a physical perpetration but as an act of power of one person over another. I (...) next explore the paradox of a healing profession that is permeated with violence sometimes necessary, often unintentional, and almost always unrecognized. Identifying the construct of “physician arrogance” as contributory to violence, I go on to identify different manifestations of violence in a medical context, including violence to the body; structural violence; metaphoric violence; and the practice of speaking to or about patients (and others in the healthcare system in ways that minimize or disrespect their full humanity. I further suggest possible explanations for the origins of these kinds of violence in physicians, including the fear of suffering and death in relation to vicarious trauma and the consequent concept of “killing suffering”; as well as why patients might be willing to accept such violence directed toward them. I conclude with brief recommendations for attending to root causes of violence, both within societal and institutional structures, and within ourselves, offering the model of the wounded healer. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Human Nature in Nineteenth-Century British Novels:Doing the MathJoseph Carroll, Jonathan Gottschall, John A. Johnson, and Daniel J. KrugerIThree broad ambitions animate this study. Building on research in evolutionary social science, we aimed (1) to construct a model of human nature—of motives, emotions, features of personality, and preferences in marital partners; (2) use that model to analyze some specific body of literary texts and the responses of readers to those (...) texts, and (3) produce data—information that could be quantified and could serve to test specific hypotheses about those texts.Evolutionary social science is still in the process of constructing a full and adequate model of human nature. Evolutionary social scientists know much already about how human reproductive behavior and human sociality fit into the larger pattern of human evolution. They still have much to learn, though, about the ways literature and the other arts enter into human nature. Our model of human nature draws on our knowledge of imaginative culture, integrates that knowledge with evolutionary theories of culture, and produces data that enable us to draw conclusions on an issue of broad significance for both literary study and evolutionary social science: the adaptive function of literature and the other arts.1In order to make advances in knowledge, it is necessary to choose some particular subject. Genetics is a basic science that applies to all organisms, but geneticists first got an empirical fix on their subject by focusing minutely, with Mendel, on peas, and, with Morgan, on fruit flies. In place of peas and flies, we have taken as our subject British novels of [End Page 50] the longer nineteenth century (Austen to Forster). As a literary topic, the subject is fairly broad, but our theoretical and methodological aims ultimately extend well beyond the specialist fields of British novels, the nineteenth century, British literature, narrative fiction, or even literary scholarship generally. This study is designed to engage the attention of literary scholars in all fields and also to engage the attention of social scientists. If it achieves its aims, this study would help persuade literary scholars that empirical methods offer rich opportunities for the advancement of knowledge about literature, and it would help persuade social scientists that the quantitative study of literature can shed important light on fundamental questions of human psychology and human social interaction. Our own research team combines these two prospective audiences. Two of us (Carroll and Gottschall) have been trained primarily as literary scholars, and two of us (Johnson and Kruger) primarily as social scientists.The focal point for this study is "agonistic" structure: the organization of characters into protagonists, antagonists, and minor characters. The central question in the study is this: does agonistic structure reflect evolved dispositions for forming cooperative social groups? Suppressing or muting competition within a social group enhances group solidarity and organizes the group psychologically for cooperative endeavor. Our chief hypothesis was that protagonists and good minor characters would form communities of cooperative endeavor and that antagonists would exemplify dominance behavior. If this hypothesis proved correct, the ethos reflected in the agonistic structure of the novels would replicate the egalitarian ethos of hunter-gatherers, who stigmatize and suppress status-seeking in potentially dominant individuals. If suppressing dominance in hunter-gatherers fulfills an adaptive social function, and if agonistic structure in the novels engages the same social dispositions that animate hunter-gatherers, our study would lend support to the hypothesis that literature fulfills an adaptive social function.2One of our chief working hypotheses is that when readers respond to characters in novels, they respond in much the same way, emotionally, as they respond to people in everyday life. They like or dislike them, admire them or despise them, fear them, feel sorry for them, or are amused by them. In writing fabricated accounts of human behavior, novelists select and organize their material for the purpose of generating such responses, and readers willingly cooperate with this purpose. They participate vicariously in the experiences depicted and form personal opinions about the qualities of the characters. Authors and readers [End Page 51] thus collaborate in producing a simulated experience of emotionally responsive evaluative judgment. If agonistic structure is a... (shrink)

Moral taint occurs when one’s personality has been compromised by the introduction of something that produces disfigurement of the moral psyche. While taint may be traced to vicarious liability for our voluntary associations, the thought that we might be responsible for taint and that taint is something we must confront and make amends for becomes problematic when taint is acquired by circumstantial luck. I argue that the idea of circumstantial taint—for example, the idea that people can be morally compromised (...) by their heritage—is coherent. In such cases, although taint is not due to a deficient level of care or to an unsavory quality of will, shame is the appropriate affect and atonement the appropriate response. The concept of moral taint is helpful in assisting our comprehension of more vexing cases of responsibility and blame where shame and a need for atonement exist. (shrink)

While environmental ethicists often critique metaphors of nature, they rarely recognize metaphors of environmental practice, and so fail to submit background models of human agency to similar critique. In consequence, descriptions of nature are often shaped by unassessed metaphors of practice, and then made to bear argument for that preferred model. To relieve arguments over “nature” of this vicarious burden, models of agency can and should become a primary topic within the field. In response to some initial misgivings from (...) Eric Katz and taking suggestions from Bryan Norton, Steven Vogel, Holmes Rolston, III, and others, some minimal framing criteria can be developed to promote and facilitate a broad debate over the most appropriate metaphors and models of environmental practice. (shrink)

The purpose of the study is to investigate whether internal and external institutional environmental conditions play a role in the institutionalization of strategic commitment to corporate social responsibility (CSR) among Indian firms in the wake of the mandatory CSR norms or not (where the firms of certain size and profitability are mandated to spend on CSR). The study examines the fixed effects regression on balanced panel data collected from the annual reports and Prowess database of Bombay Stock Exchange-listed firms. (...) Our results show that both internal and external institutional environments play a major role in diffusing a strategic commitment to CSR among firms. Furthermore, we find that firms indulge in frequency, outcome, and trait-based imitations while learning from peer firms to attain legitimacy from their stakeholders. Overall, our findings show that vicarious learning through imitation plays an important role in making firms truly committed to CSR instead of just donating money or greenwashing. To the best of our knowledge, our study is among the pioneering attempts to look at the impact of both internal and external environments on institutionalizing CSR commitment among firms in India. (shrink)

Our purpose has been to illuminate questions surrounding the use of literature in medical education, and to propose criteria for selecting literature which is more likely to evoke readers to reflect on their personal and professional selves. We have suggested that literature promoting vicariousness and vulnerability may validate readers' questions, insecurities, and beliefs insofar as readers are willing to engage with the text cognitively and phenomenologically. This we call reader responsibility. Crucial to nurturing this responsibility are medical educators (...) 2- ducators in any context, for that matter – who are vulnerable themselves, who puzzle outloud, who admit their own incompleteness. Together as learners, teachers and students may come to realize that it is, in the end, the artist whopresses upon our minds the deepest mysteries, so we may feel again their majesty and power... seizes our lives, and which reveals us startlingly to ourselves as creatures set down here bewildered. (shrink)