Inspired by a 1988 trip to El Salvador, Michael J. Perry's new book is a personal and scholarly exploration of the idea of human rights. Perry is one of our nation's leading authorities on the relation of morality, including religious morality, to politics and law. He seeks, in this book, to disentangle the complex idea of human rights by way of four probing and interrelated essays. * The initial essay, which is animated by Perry's skepticism about (...) the capacity of any secular morality to offer a coherent account of the idea of human rights, suggests that the first part of the idea of human rights--the premise that every human being is "sacred" or "inviolable"--is inescapably religious. * Responding to recent criticism of "rights talk", Perry explicates, in his second essay, the meaning and value of talk about human rights. * In his third essay, Perry asks a fundamental question about human rights: Are they universal? In addressing this question, he disaggregates and criticizes several different varieties of "moral relativism" and then considers the implications of these different relativist positions for claims about human rights. * Perry turns to another fundamental question about human rights in his final essay: Are they absolute? He concludes that even if no human rights, understood as moral rights, are absolute or unconditional, some human rights, understood as international legal rights, are--and indeed, should be--absolute. In the introduction, Perry writes: "Of all the influential--indeed, formative--moral ideas to take center stage in the twentieth century, like democracy and socialism, the idea of human rights is, for many, the most difficult. It is the most difficult in the sense that it is, for many, the hardest of the great moral ideas to integrate, the hardest to square, with the reigning intellectual assumptions of the age, especially what Bernard Williams has called 'Nietzsche's thought': 'There is not only no God, but no metaphysical order of any kind....' For those who accept 'Nietzsche's thought', can the idea of human rights possibly be more than a kind of aesthetic preference? In a culture in which it was widely believed that there is no God or metaphysical order of any kind, on what basis, if any, could the idea of human rights long survive?" The Idea of Human Rights: Four Inquiries will appeal to students of many disciplines, including law, philosophy, religion, and politics. (shrink)

In this essay I elaborate a particular, and particularly important, morality: the morality of human rights. Next, I ask the ground-of-normativity question about the morality of human rights and go on to elaborate a religious response. Then, after explaining why one might be skeptical that there is a plausible secular response to the ground-of-normativity question, I comment critically on John Finnis's secular response. Finally, I consider what difference it makes if there is no plausible secular response to the ground-of-normativity question.

In this book, Michael Perry addresses several fundamental questions about the proper role of religion in the politics of a liberal democracy, which is a central, recurring issue in the politics of the United States. The controversy about religion in politics comprises both constitutional and moral questions.

Annotation. In this sequel to his Morality, Politics, and Law, Michael Perry addresses the proper relation of moral convictions to the politics of a morally pluralistic society. While his analysis focuses on religious morality, Perry's argument applies to morality generally. Contending that nojustification of a contested political choice can be neutral among competing conceptions of human good, the author develops an ideal of "ecumenical politics" in which moral convictions about human good can be brought to bear in (...) a productive way in political argument. (shrink)

The proper role of religious faith in the public life of a liberal democracy is one of the most important and controversial issues in the United States today. Since the publication in 1991 of his book Love and Power, Michael J. Perry's important writings on this issue have been among the most insightful. In this new book, Perry argues that political reliance on religious faith violates neither the Establishment Clause of the United States Constitution nor, more broadly, (...) the morality of liberal democracy. Nonetheless, Perry argues, religious believers sometimes have good reasons to be wary about relying on religious beliefs in making political decisions. Along the way, Perry thoughtfully addresses three subjects at the center of fierce contemporary political debate: school vouchers, same-sex marriage, and abortion. (shrink)

`What is the proper relation of moral and religious beliefs to politics and law, especially in a society that, like the United States, is morally and religiously pluralistic?' In Morality, Politics, and Law, noted constitutional theorist Michael Perry answers this fundamental question, criticizing the vision of constitutional adjudication and defending a more liberal philosophy of constitutional interpretation.

In this important book, Michael J. Perry examines three of the most disputed constitutional issues of our time: capital punishment, state laws banning abortion, and state policies denying the benefit of law to same-sex unions. The author, a leading constitutional scholar, explains that if a majority of the justices of the Supreme Court believes that a law violates the Constitution, it does not necessarily follow that the Court should rule that the law is unconstitutional. In cases in which (...) it is argued that a law violates the Constitution, the Supreme Court must decide which of two importantly different questions it should address: is the challenged law unconstitutional? Is the lawmakers' judgment that the challenged law is constitutional a reasonable judgment? Perry not only illuminates moral controversies that implicate one or more constitutionally entrenched human rights, but also the fundamental question of the Supreme Court's proper role in adjudicating such controversies. (shrink)

In this important new work in political and constitutional theory, Michael J. Perry elaborates and defends an account of the political morality of liberal democracy: the moral convictions and commitments that in a liberal democracy should govern decisions about what laws to enact and what policies to pursue. The fundamental questions addressed in this book concern the grounding, the content, the implications for one or another moral controversy and the judicial enforcement of the political morality of liberal democracy. (...) The particular issues discussed include whether government may ban pre-viability abortion, whether government may refuse to extend the benefit of law to same-sex couples and what role religion should play in the politics and law of a liberal democracy. (shrink)

The question whether in a liberal democracy religion may serve as a basis of law-making should be desaggregated into two distinct questions. First, is religion a morally legitimate basis of law-making in a liberal democracy? Second, is religion a constitutionally legitimate basis of law-making in the United States? My focus in this article is on the second question, which, as a question about constitutional legitimacy, should not be confused with the first question, which is about moral legitimacy. Like other liberal (...) democracies, the United States is committed to the right to freedom of religious practice. Unlike most other liberal democracies, however, the United States is also committed to the non-etablishment of religion. According to the constitutional law of the United States, law-makers and other government officials may neither prohibit the `free exercise' of religion nor `establish' religion. Does the non-establishment norm ban religion as a basis of law-making? More precisely, should the non-establishment norm be understood to ban laws for which the only discernible rationale — or, at least, the only discernible rationale other than an implausible secular rationale — is religious? (shrink)

According to the propositional view of belief, a belief situation involves a believer’s standing in the relation of belief to a proposition. It is argued that the propositional view has unacceptable implications concerning the identity conditions of belief situations involving beliefs with indexical contents, especially where such beliefs are held over a period of time during which background circumstances change. After a critical discussion of Perry’s alternative to the propositional view, a version of the adverbial theory of belief, which (...) accounts satisfactorily for the identity conditions of belief situations, is advanced. This theory, which avoids the standard objections to adverbialism, is defended against the charge that it cannot provide an account of the semantics of sentences attributing the same belief to two or more believers. In the course of this defense it is argued that the standard propositional account of such sentences is insensitive to everyday language. (shrink)

There has been growing interest in, and scholarly attention to, issues and questions that arise within the subject matter domain we may call "human rights theory". See, in particular, Amartya Sen, "Elements of a Theory of Human Rights," 32 Philosophy & Public Affairs 315 (2004); James W. Nickel, Making Sense of Human Rights (rev. ed. 2006); Michael J. Perry, Toward a Theory of Human Rights: Religion, Law, Courts (2007); James Griffin, On Human Rights (2008); Nicholas Wolterstorff, Justice: Rights (...) and Wrongs (2008). This essay - a version of which will appear in a multi-authored collection of essays to be published by Oxford University Press in 2009 - is intended as a contribution to human rights theory. These are the principal questions, or sets of questions, I address in the essay:1. What is the morality of human rights - by which I mean the morality that, according to the International Bill of Human Rights, is the principal warrant for the law of human rights?2. How does the morality of human rights warrant the law of human rights?3. Some human-rights-claims are legal claims, but some are moral claims, and some are both. What does a human-rights-claim of the legal sort mean? A human-rights-claim of the moral sort? And when does it make sense to think of a right that only some human beings have - children, for example - as a human right?4. Is there a plausible secular ground for the morality of human rights?5. At the end of the proverbial day, what difference does it make - why should we care - if there is no plausible secular ground for the morality of human rights?Comments and questions welcome. (shrink)

An Essay on Human Action seeks to provide a comprehensive, detailed, enlightening, and (in its detail) original account of human action. This account presupposes a theory of events as abstract, proposition-like entities, a theory which is given in the first chapter of the book. The core-issues of action-theory are then treated: what acting in general is (a version of the traditional volitional theory is proposed and defended); how actions are to be individuated; how long actions last; what acting intentionally is; (...) what doing one thing by doing another is; what basic action is; and what omitting to do something is. Attention is also given to the concepts of causation, intention, volition, deciding, choosing, and trying. Finally, a libertarian account of free action is tentatively proposed and defended. (shrink)

Every choice we make is set against a background of massive ignorance about our past, our future, our circumstances, and ourselves. Philosophers are divided on the moral significance of such ignorance. Some say that it has a direct impact on how we ought to behave - the question of what our moral obligations are; others deny this, claiming that it only affects how we ought to be judged in light of the behaviour in which we choose to engage - the (...) question of what responsibility we bear for our choices. Michael Zimmerman claims that our ignorance has an important bearing on both questions, and offers an account of moral obligation and moral responsibility that is sharply at odds with the prevailing wisdom. His book will be of interest to a wide range of readers in ethics. (shrink)

The principal aim of this book is to develop and defend an analysis of the concept of moral obligation. The analysis is neutral regarding competing substantive theories of obligation, whether consequentialist or deontological in character. What it seeks to do is generate solutions to a range of philosophical problems concerning obligation and its application. Amongst these problems are deontic paradoxes, the supersession of obligation, conditional obligation, prima facie obligation, actualism and possibilism, dilemmas, supererogation, and cooperation. By virtue of its normative (...) neutrality, the analysis provides a theoretical framework within which competing theories of obligation can be developed and assessed. This study is a major contribution to metaethics that will be of particular interest to all philosophers concerned with normative ethical theory. (shrink)

This superbly crafted account of the notion of moral responsibility and of its relations to freedom, control, ignorance, negligence, attempts, omissions, compulsion, mental disorders, virtues and vices, desert, and punishment fills that gap. The treatment of character and luck is particularly sophisticated and well-argued.

Michael J. Zimmerman explores whether and how our ignorance about ourselves and our circumstances affects what our moral obligations and moral rights are. He rejects objective and subjective views of the nature of moral obligation, and presents a new case for a 'prospective' view.

Intrinsic value has traditionally been thought to lie at the heart of ethics. Philosophers use a number of terms to refer to such value. The intrinsic value of something is said to be the value that that thing has “in itself,” or “for its own sake,” or “as such,” or “in its own right.” Extrinsic value is value that is not intrinsic.

What's wrong with designer children, bionic athletes, and genetic engineering.

Introduction: Doing the right thing -- Utilitarianism : Bentham and J.S. Mill -- Libertarianism -- John Locke -- Markets and morals -- Immanuel Kant -- John Rawls -- Affirmative action -- Aristotle -- Liberals and communitarians -- Conclusion: Reconnecting politics and morals.

In _The Immorality of Punishment_ Michael Zimmerman argues forcefully that not only our current practice but indeed any practice of legal punishment is deeply morally repugnant, no matter how vile the behaviour that is its target. Despite the fact that it may be difficult to imagine a state functioning at all, let alone well, without having recourse to punishing those who break its laws, Zimmerman makes a timely and compelling case for the view that we must seek and put (...) into practice alternative means of preventing crime and promoting social stability. (shrink)

Preface In these days, an anthology on the topic of possible worlds hardly needs justification. No issue has given rise to as much literature in the past ...

There is currently an explosion of interest in grounding. In this article we provide an overview of the debate so far. We begin by introducing the concept of grounding, before discussing several kinds of scepticism about the topic. We then identify a range of central questions in the theory of grounding and discuss competing answers to them that have emerged in the debate. We close by raising some questions that have been relatively neglected but which warrant further attention.

_Metaphysics: A Contemporary Introduction_ is for students who have already completed an introductory philosophy course and need a fresh look at the central topics in the core subject of metaphysics. It is essential reading for any student of the subject. This Fourth Edition is revised and updated and includes two new chapters on Parts and Wholes, and Metaphysical Indeterminacy or vagueness. This new edition also keeps the user-friendly format, the chapter overviews summarizing the main topics, concrete examples to clarify difficult (...) concepts, annotated further reading at the end of each chapter, endnotes, and a full bibliography. Topics addressed include: the problem of universals the nature of abstract entities the problem of individuation the nature of modality identity through time the nature of time the nature of parts and wholes the problem of metaphysical indeterminacy the Realism/anti-Realism debate. Wherever possible, Michael J. Loux and Thomas M. Crisp relate contemporary views to their classical sources in the history of philosophy. As experienced teachers of philosophy and important contributors to recent debates, Loux and Crisp are uniquely qualified to write this book. (shrink)

In this book, Michael Sandel takes up some of the hotly contested moral and political issues of our time, including affirmative action, assisted suicide, ...

Problems of and explanations for evil -- Neo-cartesianism -- Animal suffering and the fall -- Nobility, flourishing, and immortality : animal pain and animal well-being -- Natural evil, nomic regularity, and animal suffering -- Chaos, order, and evolution -- Combining CDs.

In this paper we discuss ethical implications of the use of mobile phone apps in the control of the COVID-19 pandemic. Contact tracing is a well-established feature of public health practice during infectious disease outbreaks and epidemics. However, the high proportion of pre-symptomatic transmission in COVID-19 means that standard contact tracing methods are too slow to stop the progression of infection through the population. To address this problem, many countries around the world have deployed or are developing mobile phone apps (...) capable of supporting instantaneous contact tracing. Informed by the on-going mapping of ‘proximity events’ these apps are intended both to inform public health policy and to provide alerts to individuals who have been in contact with a person with the infection. The proposed use of mobile phone data for ‘intelligent physical distancing’ in such contexts raises a number of important ethical questions. In our paper, we outline some ethical considerations that need to be addressed in any deployment of this kind of approach as part of a multidimensional public health response. We also, briefly, explore the implications for its use in future infectious disease outbreaks. (shrink)

Both fairness and efficiency are important considerations in market design and regulation, yet many regulators have neither defined nor measured these concepts. We develop an evidencebased policy framework in which these are both defined and measured using a series of empirical proxies. We then build a systems estimation model to examine the 2003–2011 explosive growth in algorithmic trading on the London Stock Exchange and NYSE Euronext Paris. Our results show that greater AT is associated with increased transactional efficiency and reduced (...) information leakage in top quintile stocks. For less liquid stocks, manipulation at the close declines. We also document the tradeoff between reduced spreads and increased manipulation or information leakage following the introduction of MiFID1. (shrink)