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The Problem of Collective Responsibility

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Part of the book series: Library of Ethics and Applied Philosophy ((LOET,volume 9))

Abstract

In Chapter 2, a basic analysis of the nature of individual (retrospective) liability responsibility was set forth, and was taken as uncontroversial at least insofar as the basic conditions of responsibility are concerned. From that analysis, I now seek to build a notion of collective responsibility for use in criminal law. Indeed, just as the analysis of individual moral responsibility was used to determine the extent to which an individual moral agent is punishable, the analysis of this chapter will seek to serve as the conceptual means by which to determine the extent to which a collective might be punishable.

The analysis will be congruent with, for the most part, the views set forth in J. Angelo Corlett, “Corporate Punishment and Responsibility,” Journal of Social Philosophy, XXVIII (1997), pp. 96–100; “Collective Punishment,” in Encyclopedic Dictionary of Business Ethics, Edited by Patricia Werhane and R Edward Freeman (London: Blackwell, 1997), pp. 117–20; “Collective Responsibility,” in Werhane and Freeman, pp. 120–25; “Corporate Responsibility for Environmental Damage,” Environmental Ethics, 18 (1996), pp. 195–207; “Collective Punishment and Public Policy,” Journal of Business Ethics, 11 (1992), pp. 207–16; “Corporate Responsibility and Punishment,” Public Affairs Quarterly, 2 (1988), pp. 1–16.

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References

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  4. This condition is related to the notion of collective feelings of guilt based on collective wrong doing. For an incisive discussion of collective guilt, see Margaret Gilbert, “Group Wrongs and Guilt Feelings,” The Journal of Ethics, 1 (1997), pp. 65–84.

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  5. This notion of collective fault ((i), (v)-(vi)) is borrowed from Feinberg’s notion of individual liability [See Feinberg, Doing and Deserving,p. 2221.

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© 2001 Springer Science+Business Media Dordrecht

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Corlett, J.A. (2001). The Problem of Collective Responsibility. In: Responsibility and Punishment. Library of Ethics and Applied Philosophy, vol 9. Springer, Dordrecht. https://doi.org/10.1007/978-94-015-9851-4_7

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  • DOI: https://doi.org/10.1007/978-94-015-9851-4_7

  • Publisher Name: Springer, Dordrecht

  • Print ISBN: 978-94-015-9853-8

  • Online ISBN: 978-94-015-9851-4

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