In this paper, I offer a novel account of entrapment. This account suggests that the wrongness of pursuing punishment in cases of entrapment consists of two distinct components, one concerning the culpability of the entrapped defendant and the other concerning the legitimacy of the entrapping state to prosecute crimes that it has effectively created. Distinguishing these two components of entrapment, I explain, helps to clarify the moral issues at stake and to resolve some confusions and debates in existing legal analyses (...) of entrapment. (shrink)

Journal of Social Philosophy, EarlyView.

Structural injustice broadly refers to objectionable outcomes produced by generally accepted social structures for members of particular social groups. But theorists of structural injustice have said relatively little about why certain outcomes are objectionable, and many theorists suggestively connect structural injustice to a worry about oppression without explaining their precise normative concerns. I provide a normative analysis of structural injustice that addresses this gap and clarifies its connection to oppression. On this view, there are two kinds of structural injustice, each (...) grounded in a distinct moral concern. One is a freedom-based concern for how social structures harmfully constrain members of a social group, depriving them of the means to develop and exercise their capacities. The other is an equality-based concern for how social structures subordinate a social group to others in hierarchies of power, standing, and esteem. By disentangling these concerns, this account shows that our social structures contain multiple kinds of injustice that do not necessarily travel together; some social groups experience unfreedom without being subordinated to others, and indeed their unfreedom is intertwined with their dominant position over subordinated groups. Furthermore, against prevailing philosophical accounts, this analysis shows that there are good reasons to understand oppression primarily as an issue of inequality rather than an issue of unfreedom. (shrink)