Responsibility for the Future

J. Feinberg
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引用次数: 12

Abstract

Prospective ascription of responsibility is hypothetical, commonly noting or setting conditions for critical judgment or liability if some event occurs or fails to occur, thus determining vulnerability to retrospective judgments. Prospective liabilities can be classified by source, by type or degree (if any) of accompanying control, and by structure or stages. But not all prospective responsibility can be understood in terms of liability. Actual or de facto control over X and/or responsibility for Y (persons, animals, inanimate things, etc.), though they may involve prospective liabilities, may not be responsibilities to any person in particular. Such responsibilities may be called responsibilities in rem and distinguished from those assignable to persons (responsibilities in personam). Though prospective responsibility judgments often provide the most important grounds for retrospective judgments, if the concern is with the meaning of responsibility judgments, retrospective responsibility judgments are more basic. For, while we can understand retrospective judgments even though we know nothing of prospective ones, the opposite is not true 1. Prospective and Retrospective Judgments esponsibility is sometimes ascribed before the fact by persons whose eyes are on the future, and sometimes after the fact by critics and judges looking to the past. Prospective ascriptions of responsibility are hypothetical pronouncements about the future, often to the effect that if some event occurs (or fails to occur), the person now judged responsible for it will then be the proper subject of certain other judgments-for example, those ascribing credit or blame, or liability to punishment or reward. Those further judgments will, of course, be made retrospectively, for they will be about an event that has already occurred or failed to occur. Thus, if George is the one who is responsible for seeing to it that X happens, and then X fails to happen,
对未来的责任
前瞻性责任归属是一种假设性的责任归属,通常是在某些事件发生或未发生的情况下,注意或设定关键判断或责任归属的条件,从而确定溯及性判断的脆弱性。预期负债可按来源、附随控制的类型或程度(如果有的话)、结构或阶段进行分类。但并非所有可能的责任都可以从责任的角度来理解。对X的实际或事实上的控制和/或对Y(人、动物、无生命的东西等)的责任,虽然可能涉及潜在的责任,但可能不是对任何人的责任。这种责任可称为对物责任,区别于可分配给人的责任(对人责任)。虽然前瞻责任判断往往为追溯责任判断提供了最重要的依据,但如果关注的是责任判断的意义,追溯责任判断则更为基本。因为,即使我们对前瞻性判断一无所知,我们也能理解回顾性判断,反之则不然。前瞻性和回顾性判断的责任,有时由着眼于未来的人在事前认定,有时则由着眼于过去的批评家和法官在事后认定。前瞻性责任归属是对未来的假设性声明,通常是这样的:如果某件事发生了(或没有发生),那么现在被认为对此事负有责任的人将成为某些其他判断的适当主体——例如,那些将功劳或责任归因于惩罚或奖励的人。当然,这些进一步的判断将是回顾性的,因为它们将是关于已经发生或未发生的事件。因此,如果乔治是负责确保X发生的人,然后X没有发生,
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