Intentional Participation and Nonproportional Distribution
This chapter develops a justification for a nonproportional distribution of a group’s remedial liabilities for its wrongdoings. The justification is grounded in the group members’ participation in their group. Drawing on Christopher Kutz’s model of collective action, it suggests that people participate in a group act when they have a participatory intention in take part in the act. It then argues that when people intentionally participate in collective action, they incur the duty to accept a nonproportional share of the burdens that flow from that action, in circumstances where a proportional distribution is not feasible or is very costly. However, there are limits to this obligation: it arises only when the group members’ participatory intentions are genuine, and not forced on them against their will.