Collective Responsibility

2020 ◽  
pp. 379-400
Author(s):  
Thomas J. Miceli

The concept of collective responsibility, or group punishment, for crimes or other harmful acts, was a pervasive feature of ancient societies, as exemplified by the Roman Senatus Consultum Silanianum, a resolution by the Roman senate in 10 CE, and the Greek notion of “pollution.” This chapter briefly surveys historical examples of collective responsibility, which have largely given way to the modern concept of individual responsibility, though vestiges of collective responsibility remain in modern culture and law (notably in the form of vicarious liability). The chapter then lays out a theoretical analysis of the choice between collective and individual responsibility that highlights those circumstances in which each is preferred as a law enforcement strategy.

Philosophy ◽  
2020 ◽  
Vol 96 (1) ◽  
pp. 99-131
Author(s):  
Niels de Haan

AbstractThere is good reason to think that moral responsibility as accountability is tied to the violation of moral demands. This lends intuitive support to Type-Symmetry in the collective realm: A type of responsibility entails the violation or unfulfillment of the same type of all-things-considered duty. For example, collective responsibility necessarily entails the violation of a collective duty. But Type-Symmetry is false. In this paper I argue that a non-agential group can be collectively responsible without thereby violating a collective duty. To show this I distinguish between four types of responsibility and duty in collective contexts: corporate, distributed, collective, shared. I set out two cases: one involves a non-reductive collective action that constitutes irreducible wrongdoing, the other involves a non-divisible consequence. I show that the violation of individual or shared duties both can lead to irreducible wrongdoing for which only the group is responsible. Finally, I explain why this conclusion does not upset any work on individual responsibility.


Author(s):  
Celia Briar

In recent years, New Zealand has been following the American lead in expecting solo parents (in practice mainly mothers) to move off state benefits and rely upon a combination of their own earnings from paid employment plus contributions from the absent parent. However; whilst this policy direction is fast becoming the greater norm in the 'residual' welfare states of the English speaking nations, there are greater variations in Europe. For the purposes of this paper, three broad classifications in welfare policy towards mothers are used: liberal (prioritising individual responsibility), conservative (a focus on family and community responsibility) and solidaristic (state/collective responsibility). These are of course 'ideal types', and the welfare policies of all nations examined contain elements of all three approaches to welfare. The paper assesses the extent to which each of these approaches provides solo mothers with genuine options regarding paid I unpaid work, and freedom from poverty.


2004 ◽  
Vol 2 (2) ◽  
Author(s):  
Gary E. Marche

Although corruption and optimal law enforcement literature have addressed the effects of corruption, little has been done to analyze the decision to become corrupt. For example, little is known about risk preferences and how they might affect the nature of a corrupt exchange scheme. To answer this question, a theoretical analysis is developed that considers the noncoercive incentivea and circumstances necessary for a law enforcement official, assumed averse to criminal risk, to choose a corrupt exchange with organized crime that involves murder. Risk-aversion and the severity of the crime involved are shown to reduce the likelihood of detecting the corruption scheme and murder is shown to be optimal. Corruption schemes involving less risk averse offenders are analyzed and compared.


2016 ◽  
Vol 47 (1) ◽  
pp. 130-147 ◽  
Author(s):  
Margaret Stout ◽  
Jeannine M. Love

Public encounters, the micro-level relational process of face-to-face contact between public professionals and community members, are argued to have a meaningful effect on the outcomes of governance activities. In turn, the specific characteristics of these encounters are constrained by institutionalized macro-level structures, yet the variety of contexts and associated relational styles have not been carefully explored. Therefore, in this article, public encounters are considered in light of a particular governance typology to (a) clearly differentiate macro-level contexts, (b) clearly differentiate the associated styles of relating in each type of public encounter, (c) describe the ways in which these interactions hinder or foster productive processes and outcomes, and (d) identify a preferred approach for potentially more fruitful results. In this way, the article provides a theoretical platform for future analysis of empirical cases. This theoretical analysis reveals the pathological dynamics in public encounters produced by typical approaches to governance and offers an alternative approach that may produce more effective public encounters. Specifically, using the method of integration described by Progressive Era scholar Mary Follett, we argue fruitful public encounters entail a relational disposition, a cooperative style of relating, a collaborative mode of association, and a method for achieving integration that enables constructive conflict through disintegration of a priori positions; collaborative discovery of facts and values; revaluation of desires and methods through dialogue; creative and integrative determinations; collective responsibility; and experientially founded commitment.


Author(s):  
Gregory C. Keating

This chapter contends that modern tort law is not “private law” in the distinctive way in which that term is now used. Theorists of tort as “private law” tend to regard its domain as one-off collisions among individual persons as they pursue their particular purposes, each in his or her individual, idiosyncratic, and voluntary way. Modern tort law, however, emerged in response to the rise of accidental harm as a pressing social problem. This chapter argues that refocusing on accidental harm as a basic feature of an industrial civilization prompted tort law to undergo a significant but underappreciated transformation in which harm is as salient as wrong and conceptions of collective responsibility compete with individual responsibility for control of the field. Trenchantly challenging the most basic commitments of the Kantian conception of tort law championed by Ernest Weinrib and Arthur Ripstein, this chapter maintains that there is nothing fundamentally private about tort law.


2021 ◽  
Vol 11 (3) ◽  
pp. 132-152
Author(s):  
V.G. GOLUBTSOV

The theoretical analysis of the features of the application of the norms of civil procedural law over time in the modern agenda is given, it seems undeservedly, insufficient attention. Despite the fact that the operation of legislation in time and space is the basis of theoretical constructions in law, and law enforcement constantly operates with these categories, in the theory of procedural law in this part there is no complete clarity, as well as there is no system of interrelated established views on a number of individual topical issues related to temporality. Not limited to the problem of reversibility/irreversibility of the operation of the law, which is generally accepted in the theory of law, the author addresses the logical and epistemological boundaries of the concept of “change of civil procedural law”, analyzes extraordinary cases of changes in legislation, examines the criterion “the moment of the commission of procedural actions”. In conclusion, the author notes that the same normative act of civil procedural law may have not one, but several temporal characteristics. Variants of this multiplicity may be different. However, in the science of civil procedural law they are not actually studied.


2021 ◽  
Vol 15 (1) ◽  
pp. 80-86
Author(s):  
Karin Weman Josefsson

Sweden has adopted a somewhat different approach to handle the corona pandemic, which has been widely debated both on national and international levels. The Swedish model involves more individual responsibility and reliance on voluntary civic liability than law enforcement, while common measures in other countries are based on more controlling strategies, such as restrictive lockdowns, quarantines, closed borders, and mandatory behavior constraints. This commentary aims to give a brief overview of the foundations of the Swedish model as well as a discussion on how and why it has been adopted in the Swedish society based on Swedish legislations, culture, and traditions. Finally, perspectives on how the Swedish model could be connected to the tenets of self-determination theory will be discussed.


2016 ◽  
Vol 10 (1) ◽  
pp. 169
Author(s):  
Dede Rodin

The death penalty is the most Islamic law get resistance in its implementation. This resistance appears among others as a result of the symbolic understanding on the death penalty without understanding what and why this punishment stipulated in the Qur’an. Therefore, this article intends to answer the fundamental questions; how the concept of the death penalty in the Qur’an. This article resulted that the death penalty is one model of inculturation of the Qur’an to the existing tradition, with a change of paradigm regarding moral values and a more humane law, among others: (1) the principle of enforcement, from the original law “vengeance” (vendetta, lex talionis<em>, </em><em>tha’r</em>) to “reply in kind”; (2) The motive for murder, of which initially involves all kinds of murder -including war- be designed killing and <em>hir</em><em>ābah</em> only; (3) The prosecution, of which the extended family into the nuclear family; (4) accountability, from the collective responsibility to individual responsibility.


Discourse ◽  
2020 ◽  
Vol 6 (1) ◽  
pp. 5-20
Author(s):  
O. V. Kireeva ◽  
M. N. Veselova

Introduction. The paper attempts to find answers to the questions: will it be possible to preserve historical-cultural “face” of the city, or it will disappear under the onslaught of the advanced achievements of civilization; is there an urban space to a reasonable person, who have reached great technological heights, or directed against him; what are the ontological foundations of the modern city? The relevance of the author's approach is the analysis of the “concept” of the city as urogenous spatio-temporal macro model, which not only develops under the influence of the inhabitants, but also determines their worldview and behavior.Methodology and sources. Methodological basis of the work is the cultural and philosophical analysis of the “concept“ of the modern city in the works of domestic and foreign sociologists, and ethologists, urboecology, philosophers, anthropologists, art historians (V. G. Il’in, R. Park, L. Worth, E. Gorokhovskaya, I. A. Litvinova, V. I. Mathis, G. Simmel, E. Fromm, E. T. Hall, M. I. year-old boy, James W., Jean-Paul Ferrier, Jean-Albert Guieysse, Thierry Rebour, H. W. Zorbaugh, etc.). Used demographic statistics allowing to understand the issues of depopulation, migration and multi-ethnicity of the townspeople.Results and discussion. In modern culture hypertrophied original function of the city as a source of protection and comfort, it is a shift towards maximum convenience and independence of individuals. In the result, the urban environment is made, adapting to the challenges put forward by society. Historically “face” of the city gets lost. This jeopardizes not only the rich cultural heritage of the cities, but also the authenticity of the existence of the person. The ontological basis of the modern “concept” of the city is defined by urban characteristics: multiculturalism, multi-ethnicity, presentationhost (the image of the city), the superficiality of contact, the spontaneity of development, the blurring of boundaries. They not only make up the text of modern urban culture, but also form a macro model of society.Thus, the result of the study is the conceptualization of the contradictions of the modern city that provides for a person as comfortable as possible in the consumer environment at the same time directed against him or her.Conclusion. It is concluded that in the current ecological, demographic and economic situation, the question of understanding the role of modern urban culture in the search for a dialogue between the technogenic and informational development of civilization with nature, the historical and cultural content of the city with its image, and mass consumption with an original manifestation is most acute. The authors believe that it depends only on the person whether the urban space will exist for or against him or her.


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