• J Lou@mastodon.social
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    4 months ago

    “Responsibility” has different senses. One must be clear which sense is being discussed. Who is legally culpable for an action is what I am talking about with “legal responsibility.” De facto responsibility is a descriptive concept independent of whether there even is a legal system to impute legal responsibility. Property and contract determine the legal consequence of being held culpable. De facto responsibility is about purposeful results of deliberate actions. Morals have an objective part

    • UnderpantsWeevil@lemmy.world
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      4 months ago

      De facto responsibility is a descriptive concept independent of whether there even is a legal system to impute legal responsibility.

      Absent a system to impute legal responsibility, this is an entirely subjective question. In fact, the whole reason we have courts and juries is to answer the question relative to the local norms. That’s why jury selection is such a pivotal part of the trial process.

      Property and contract determine the legal consequence of being held culpable.

      They determine the perceived de facto responsibility from the perspective of an outside observer, as well. Law influences public opinion. A country in which smoking is taboo will treat the harms inflicted by second hand smoke as far more material than one in which it is decriminalized or socially encouraged. Same with getting vaxxed/masking up during a pandemic. Or driving while intoxicated.

      De facto responsibility is about purposeful results of deliberate actions.

      It can just as easily be defined as the neglect of certain actions. But, again, this depends on the social standards of one’s neighbors, which are then commonly enshrined into regional laws.

      • J Lou@mastodon.social
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        4 months ago

        Who is responsible for smoking remains the same. It is just the legal consequences associated with that action that change.

        The kind of responsibility being discussed when someone neglects their duties is different from what is being discussed when we are talking about de facto responsibility.

        A group of people is de facto responsible for a result if it is a purposeful result of their joint intentional actions. Production is a planned and deliberate process. Workers are de facto responsible

        • UnderpantsWeevil@lemmy.world
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          4 months ago

          Who is responsible for smoking remains the same.

          The cigarette manufacturers? The retailers? The smokers themselves? Ad agencies? Nicotine? Workplace anxiety? Who IS responsible?

          The kind of responsibility being discussed when someone neglects their duties is different from what is being discussed when we are talking about de facto responsibility.

          It is not, because its not objectively certain where the buck stops.

          A group of people is de facto responsible for a result if it is a purposeful result of their joint intentional actions.

          A group of people can engage in individually virtuous actions while generating a villainous result. The classic example is the “Tragedy of the Commons”. Six individual shepherds grazing on a hill that can only support five flocks. Each doing an honest day’s work, but collectively destroying each others’ livelihoods.

          Individuals lack perfect information and cannot be held culpable for unforeseen consequences.

          • J Lou@mastodon.social
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            4 months ago

            The smoker is de facto responsible. Other kinds of responsibility could extend some blame to the manufacturers etc. Those are not responsibility in the de facto sense.

            For example, someone sells a car to a person that commits a crime using it; the car seller is not involved in the planning or execution of the crime. The car purchaser is solely de facto responsible for the crime. I am using responsibility in the narrow de facto sense.

            The tragedy of the commons is not a purposeful result