Participation in and responsibility for state injustices

This paper discusses the criteria for acceptably holding citizens partly responsible for wrongs their state or its agents commit. Some proposed criteria are not, it argues, appropriately sensitive to the particular coercive relation between state and citizen. Others, which are, conceive of it wrongly and fail to match our judgments about a range of cases. Alternative criteria of breadth and joint authorship, built around Christopher Kutz's account of participation, better match these considered judgments as well as linking them to a more powerful theoretical framework. Understanding citizens' responsibility will mean understanding these criteria more fully.

Vertical toleration as a liberal ideal

This paper argues that the direct, vertical toleration of certain types of citizen by the Rawlsian liberal state is appropriate and required in circumstances in which these types of citizen pose a threat to the stability of the state. By countering the claim that vertical toleration is redundant given a commitment to the Rawlsian version of the liberal democratic ideal, and by articulating a version of that ideal that shows this claim to be false, the paper reaffirms the centrality of vertical toleration in the Rawlsian liberal account of state-citizen relations.

Should retributivists prefer pre-punishment?

Some philosophers believe that we can, in theory, justifiably pre-punish people – that is, punish them for a crime before they have committed that crime. In particular, it has been claimed that retributivists ought (in principle) to accept pre-punishment. The question of whether pre-punishment can be justified has sparked an interesting and growing philosophical debate. In this paper I look at a slightly different question: whether retributivists who accept that pre-punishment can be justified should prefer (ordinary) post-punishment or pre-punishment, or see them (in principle) as on a par. The answer is complex: asking this question brings to light unrecognised distinctions within both retributivism and pre-punishment, giving us four different answers to the question, depending on what kind of retributivism and what kind of pre-punishment are combined. Surprisingly, given that it is usually presented as a second best, to be pursued only when post-punishment is unavailable, some combinations will find pre-punishment preferable.