Category Archives: Deontology and Moral Responsibility

Joshua Kelsall, ‘Towards a Non-Reliance Commitment Account of Trust’

INTRODUCTION Trust is commonly taken by philosophers to be a metaphysically-hybrid notion involving an attitude and an action (Faulkner 2015; Hawley 2012). The action component of trust is typically defined as a special form of reliance in which the trustor has: (1) heightened expectations of their trustee; and (2) a disposition to justifiably feel betrayed […]

Ghio and Thomson, ‘Is insolvency stigmatised?’

ABSTRACT It is a commonly held belief that there exists a sense of stigma around insolvency, which explains the low uptake of rescue procedures in the United Kingdom and around the world. We assess the accuracy of this claim through two qualitative studies. The first is conducted through interviews with corporate directors in the United […]

Crescente Molina, ‘Exhortative Legal Influence’

ABSTRACT In this article, I offer a theoretical account of a central yet surprisingly overlooked form of legal influence or control, one that I refer to as the law’s ‘exhortative’ influence. The law exercises an ‘imperative’ influence when it purports to control agents’ behavior by imposing on them legal duties to act or refrain from […]

Crescente Molina, ‘Promises, Commitments, and the Nature of Obligation’

ABSTRACT Under a widespread understanding of the nature of moral obligation, one cannot be under an obligation to perform or omit an act and have a moral power to release oneself from one’s obligation. According to this view, being under an obligation necessarily entails relinquishing one’s sovereignty over the obligatory matter, that is, one’s capacity […]

‘Negligence and Civil Maturity’

Veronica Rodriguez-Blanco, ‘Revising the Puzzle of Negligence: Transforming the Citizen Towards Civil Maturity’, 68 American Journal of Jurisprudence 105 (2023). This lively and concise article surveys aspects of the philosophy of corrective (classically, commutative) justice in the domain of the Law of Torts, specifically the law of negligence. It begins by outlining the central problem: […]

Zipursky and Goldberg, ‘Trying and Succeeding’

ABSTRACT In ‘Duties to Try and Duties to Succeed’, Stephen Smith distinguishes two types of duties one might find in areas of private law such as contracts and torts: (1) duties to succeed (such as a duty not to trespass on another’s land), and (2) duties to try (such as a duty to try not […]

Makoto Kureha, ‘On the moral permissibility of robot apologies’

ABSTRACT Robots that incorporate the function of apologizing have emerged in recent years. This paper examines the moral permissibility of making robots apologize. First, I characterize the nature of apology based on analyses conducted in multiple scholarly domains. Next, I present a prima facie argument that robot apologies are not permissible because they may harm […]

Gerver, Banerjee, John and John, ‘Nudging Against Consent is Effective but Lowers Welfare’

ABSTRACT Behavioural nudges are often criticised to ‘work in the dark’. However, recent experimental evidence suggests that the effectiveness of nudges is not reduced when they are delivered transparently. Most people endorse transparent nudges. Yet, transparent nudging may undermine human autonomy – a minority may oppose to being nudged and feel manipulated, even if they […]

‘What If a Moral Theory of Tort Requires Deterrence?’

Gregory Keating, ‘Irreparable Injury and the Limits of the Law of Torts’ in 2 Oxford Studies in Private Legal Theory 185 (Paul B Miller and John Oberdiek eds 2023), available at SSRN (8 December 2022). Gregory Keating’s absorbing and insightful new article, ‘Irreparable Injury and the Limits of the Law of Torts’, surveys familiar territory […]

Maytal Gilboa, ‘Duty of Noninjury, Duty of Care, and Guidance Rules: A Comment on Recognizing Wrongs

ABSTRACT In Recognizing Wrongs, Goldberg and Zipursky provide a remarkable scholarly explanation of tort law, depicting torts as breaches of a duty of noninjury, civilly actionable by their victims. This view of tortious wrongs, G&Z explain, provides a coherent understanding of what unifies all torts, based on a relation between one person holding a right […]