Neglecting Others and Making It Up to Them: The Idea of a Corrective Duty

被引:2
作者
Fornaroli, Giulio [1 ]
机构
[1] Jagiellonian Univ, Interdisciplinary Ctr Eth, Grodzka 52, PL-31044 Krakow, Poland
基金
欧盟地平线“2020”;
关键词
RESPONSIBILITY; EQUALITY; DUTIES; WRONGS; RISK;
D O I
10.1017/S1352325223000198
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
I aspire to answer two questions regarding the concept of a corrective duty. The first concerns what it means to wrong others, thus triggering a demand for corrections (the ground question). The second relates to the proper content of corrective duties. I first illustrate how three prominent accounts of corrective duties-the Aristotelian model of correlativity, the Kantian idea that wronging corresponds to the violation of others' right to freedom, and the more recent continuity view-have failed to answer the two questions satisfactorily. I then introduce my proposal, which holds that we wrong others when we fail to treat their status as moral agents as a source of stringent constraints on our action. I call it the moral neglect account. Once we have identified a common aim of corrective duties (counterbalancing moral neglect), we can fill their content in the various contexts in which wronging has occurred. I conclude by observing that it is not the primary role of corrective justice to assign responsibilities for damage reparations; in fact, requests for compensation make more sense if framed in distributive rather than corrective terms.
引用
收藏
页码:289 / 313
页数:25
相关论文
共 93 条
[1]  
Adar Y, 2022, GEORGETOWN LAW J, V111, P187
[2]  
Alexander L, 2009, CAMB INTROD PHILOS L, P1, DOI 10.1017/CBO9780511804595
[3]   Is the Desire for Status a Fundamental Human Motive? A Review of the Empirical Literature [J].
Anderson, Cameron ;
Hildreth, John Angus D. ;
Howland, Laura .
PSYCHOLOGICAL BULLETIN, 2015, 141 (03) :574-601
[4]   Expressive theories of law: A general restatement [J].
Anderson, ES ;
Pildes, RH .
UNIVERSITY OF PENNSYLVANIA LAW REVIEW, 2000, 148 (05) :1503-1575
[5]  
[Anonymous], 1928, PALSGRAF LONG ISLAN
[6]  
[Anonymous], 1932, DONOGHUE STEVENSO
[7]  
[Anonymous], 1910, VINCENT LAKE ERIE T
[8]   EQUALITY AND EQUAL-OPPORTUNITY FOR WELFARE [J].
ARNESON, RJ .
PHILOSOPHICAL STUDIES, 1989, 56 (01) :77-93
[9]  
Bennett C, 2022, Journal of Ethics and Social Philosophy, V23, DOI [10.26556/jesp.v23i1.1294, DOI 10.26556/JESP.V23I1.1294]
[10]   'But You Could Have Hurt Me!': Risk and Harm [J].
Bowen, Joseph .
LAW AND PHILOSOPHY, 2022, 41 (04) :517-546