We subject others and are ourselves subjected to risk all the time - risk permeates life. Despite the ubiquity of risk and its imposition, philosophers and legal scholars have devoted little of their attention to the difficult questions stimulated by the pervasiveness of risk. When we impose risk upon others, what is it that we are doing? What is risking's moral significance? What moral standards govern the imposition of risk? And how should the law respond to it? This book highlights (...) these important but neglected questions and offers novel answers to them in a systematic way, constructing a normative framework of risk imposition that draws upon a wide range of insights from diverse sources within philosophy and legal theory.Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse traditions of thought but always with an emphasis on rigour and originality. It sets the standard in contemporary jurisprudence. (shrink)

What makes careless conduct careless is easily one of the deepest and most contested questions in negligence law, tort theory, and moral theory. Answering it involves determining the conditions that make the imposition of risk unjustifiable, wrong, or impermissible. Yet there is a still deeper as well as overlooked and undertheorized question: Why does subjecting others to risk of harm call for justification in the first place? That risk can be impermissibly imposed upon otherspresupposes that imposing risk is the kind (...) of thing that can be impermissible. Unless imposing risk can be impermissible after all, unjustified risking is literally impossible. In this discussion, I explore what I call the moral significance of risking, arguing that the moral significance of risking resides in a certain kind of nonmaterial autonomy interest that is implicated whenever one imposes risk of harm on another. (shrink)

It is the purpose of this article to make the positive case for an under-appreciated conception of rights: specified rights. In contrast to rights conceived generally, a specified right can stand against different behaviour in different circumstances, so that what conflicts with a right in one context may not conflict with it in another. The specified conception of rights thus combines into a single inquiry the two questions that must be answered in invoking the general conception of rights, identifying the (...) content of a right in light of what is justifiable to do under the circumstances. I present the case for specificationism in four sections, focusing on property rights. First, I argue that rights are based upon more fundamental reasons, and that this instrumentalism is compatible only with specificationism—a fact necessity cases illuminate. Next, I explain how specificationism embodies a fully moralized understanding of rights, and point to a dilemma that one faces in denying this. Third, I argue that the gap in property rights exposed in necessity cases entails that there is no right-based duty to compensate in such cases. Finally, I offer an error theory to explain the (false) attraction of the general conception of property rights. (shrink)

The infringing/violating distinction, first drawn by Judith Jarvis Thomson, is central to much contemporary rights theory. According to Thomson, conduct that is in some sense opposed to a right infringes it, while conduct that is also wrong violates the right. This distinction finds a home what I call, borrowing Robert Nozick's parlance, a "moral space" conception of rights, for the infringing/violating distinction presupposes that, as Nozick puts it, "a line (or hyper-plane) circumscribes an area in moral space around an individual." (...) In this paper, I argue against the moral space conception of rights, and more specifically, against incorporating the infringing/violating distinction into a theory of rights. There are other compelling ways to think about rights and it is my goal to stimulate their exploration. (shrink)

The union of contemporary philosophy and tort law has never been better. Perhaps the most dynamic current in contemporary tort theory concerns the increasingly sophisticated inquires into the doctrinal elements of the law of torts, with the tort of negligence in particular garnering the most attention from theorists. In this article, I examine philosophically rich issues revolving around each of the elements constituting the tort of negligence: compensable injury, duty, breach, actual cause, and proximate cause.

This book offers a rich insight into the law of torts and cognate fileds, and will be of broad interest to those working in legal and moral philosophy. It has contributions from all over the world and represents the state-of-the art in tort theory.

Civil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust enrichment, fiduciary law, and in equity more broadly. Civil wrongs are also a preoccupation of leading general theories of private law, including corrective justice and civil recourse theories. According to these and other theories, the centrality of civil wrongs to civil liability shows that private law is fundamentally concerned with the (...) expression and enforcement of norms of justice appropriate to interpersonal interaction and association. Others, sounding notes of caution or criticism, argue that a preoccupation with wrongs and remedies has meant neglect of other ways in which private law serves justice, and ways in which private law serves values other than justice. This volume comprises original papers written by a wide variety of legal theorists and philosophers exploring the nature of civil wrongs, their place in private law, and their relationship to other forms of wrongdoing. (shrink)

This chapter contains sections titled: The Nature of Risk The Moral Significance of Risk.

An earlier article of mine, 'Lost in Moral Space: On the Infringing/Violating Distinction and its Place in the Theory of Rights', was devoted to rebutting Judith Jarvis Thomson's arguments in favor of incorporating the distinction between (permissibly) infringing and (impermissibly) violating a right. In 'A Defence of Infringement', Andrew Botterell maintains that my criticisms and attempted rebuttals of Thomson's position fail, and that despite my efforts to show otherwise, the category of right infringements is secure. In this reply, I explain (...) why I demur. (shrink)

_Arguing about Law_ introduces philosophy of law in an accessible and engaging way. The reader covers a wide range of topics, from general jurisprudence, law, the state and the individual, to topics in normative legal theory, as well as the theoretical foundations of public and private law. In addition to including many classics, _Arguing About Law_ also includes both non-traditional selections and discussion of timely topical issues like the legal dimension of the war on terror. The editors provide lucid introductions (...) to each section in which they give an overview of the debate and outline the arguments of the papers, helping the student get to grips with both the classic and core arguments and emerging debates in: the nature of law legality and morality the rule of law the duty to obey the law legal enforcement of sexual morality the nature of rights rights in an age of terror constitutional theory tort theory. _Arguing About Law_ is an inventive and stimulating reader for students new to philosophy of law, legal theory and jurisprudence. (shrink)

For nearly a century and a half after his death, Jonathan Edwards remained America's greatest philosopher. His rigorous, systematic vision coupled with a synthetic, creative imagination were unrivalled until the appearance of that great triumvirate of pragmatic philosophers—C. S. Peirce, William James, and John Dewey—at the close of the nineteenth century.

For nearly a century and a half after his death, Jonathan Edwards remained America's greatest philosopher. His rigorous, systematic vision coupled with a synthetic, creative imagination were unrivalled until the appearance of that great triumvirate of pragmatic philosophers—C. S. Peirce, William James, and John Dewey—at the close of the nineteenth century.

Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.

Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition.

John MacFarlane explores how we might make sense of the idea that truth is relative. He provides new, satisfying accounts of parts of our thought and talk that have resisted traditional methods of analysis, including what we mean when we talk about what is tasty, what we know, what will happen, what might be the case, and what we ought to do.

For this second edition, the editors have returned to Austin's original lecture notes, amending the printed text where it seemed necessary.

Much as we would like to conceive empirical thought as rationally grounded in experience, pitfalls await anyone who tries to articulate this position, and ...

What psychological and philosophical significance should we attach to recent efforts at computer simulations of human cognitive capacities? In answering this question, I find it useful to distinguish what I will call "strong" AI from "weak" or "cautious" AI. According to weak AI, the principal value of the computer in the study of the mind is that it gives us a very powerful tool. For example, it enables us to formulate and test hypotheses in a more rigorous and precise fashion. (...) But according to strong AI, the computer is not merely a tool in the study of the mind; rather, the appropriately programmed computer really is a mind, in the sense that computers given the right programs can be literally said to. (shrink)

Normative requirements are often overlooked, but they are central features of the normative world. Rationality is often thought to consist in acting for reasons, but following normative requirements is also a major part of rationality. In particular, correct reasoning – both theoretical and practical – is governed by normative requirements rather than by reasons. This article explains the nature of normative requirements, and gives examples of their importance. It also describes mistakes that philosophers have made as a result of confusing (...) normative requirements with reasons. (shrink)

This book is the one to put into the hands of those who have been over-impressed by Austin 's critics....[Warnock's] brilliant editing puts everybody who is concerned with philosophical problems in his debt.

This new edition of the classic Contemporary Theories of Knowledge has been significantly updated to include analyses of the recent literature in epistemology.

This study provides a comprehensive reinterpretation of the meaning of Locke's political thought. John Dunn restores Locke's ideas to their exact context, and so stresses the historical question of what Locke in the Two Treatises of Government was intending to claim. By adopting this approach, he reveals the predominantly theological character of all Locke's thinking about politics and provides a convincing analysis of the development of Locke's thought. In a polemical concluding section, John Dunn argues that liberal and (...) Marxist interpretations of Locke's politics have failed to grasp his meaning. Locke emerges as not merely a contributor to the development of English constitutional thought, or as a reflector of socio-economic change in seventeenth-century England, but as essentially a Calvinist natural theologian. (shrink)

John Hyman explores central problems in philosophy of action and the theory of knowledge, and connects these areas of enquiry in a new way. His approach to the dimensions of human action culminates in an original analysis of the relation between knowledge and rational behaviour, which provides the foundation for a new theory of knowledge itself.

This is a selection of essays on moral responsibility that represent the major components of John Martin Fischer's overall approach to freedom of the will and moral responsibility. The collection exhibits the overall structure of Fischer's view and shows how the various elements fit together to form a comprehensive framework for analyzing free will and moral responsibility. The topics include deliberation and practical reasoning, freedom of the will, freedom of action, various notions of control, and moral accountability. The essays (...) seek to provide a foundation for our practices of holding each other (and ourselves) morally and legally accountable for our behavior. A crucial move is the distinction between two kinds of control. According to Fischer, "regulative control" involves freedom to choose and do otherwise ("alternative possibilities"), whereas "guidance control" does not. Fischer contends that guidance control is all the freedom we need to be morally responsible agents. Further, he contends that such control is fully compatible with causal determinism. Additionally, Fischer argues that we do not need genuine access to alternative possibilities in order for there to be a legitimate point to practical reasoning. Fischer's overall framework contains an argument for the contention that guidance control, and not regulative control, is associated with moral responsibility, a sketch of a comprehensive theory of moral responsibility (that ties together responsibility for actions, omissions, consequences, and character), and an account of the value of moral responsibility. On this account, the value of exhibiting freedom (of the relevant sort) and thus being morally responsible for one's behavior is a species of the value of artistic self-expression. (shrink)

This anthology is a thorough introduction to classic literature for those who have not yet experienced these literary masterworks. For those who have known and loved these works in the past, this is an invitation to reunite with old friends in a fresh new format. From Shakespeare's finesse to Oscar Wilde's wit, this unique collection brings together works as diverse and influential as The Pilgrim's Progress and Othello. As an anthology that invites readers to immerse themselves in the masterpieces of (...) the literary giants, it is must-have addition to any library. (shrink)

John Stuart Mill's Utilitarianism is one of the most important, controversial, and suggestive works of moral philosophy ever written. Mill defends the view that all human action should produce the greatest happiness overall, and that happiness itself is to be understood as consisting in "higher" and "lower" pleasures. This volume uses the 1871 edition of the text, the last to be published in Mill's lifetime. The text is preceded by a comprehensive introduction assessing Mill's philosophy and the alternatives to (...) utilitarianism, and discussing some of the specific issues Mill raises in Utilitarianism. (shrink)

"A modern classic. Dewey's lectures have lost none of their vigor...The historical approach, which underlay the central argument, is beautifully exemplified in his treatments of the origin of philosophy."-- Philosophy and Phenomenological Research "It was with this book that Dewey fully launched his campaign for experimental philosophy."-- The New Republic Written by an eminent philosopher shortly after the shattering effects of World War I, this volume offers an insightful introduction to the concept of pragmatic humanism. Dewey presents persuasive arguments against (...) traditional philosophical constructs, suggesting their basis in self-justification. He proposes, instead, an examination of core values in terms of their ultimate effects on the self and others. This experimental philosophy was received with both outrage and acclaim for daring to mingle ethics and science. Delivered in 1919 as a series of lectures, Dewey's landmark work appears here in an enlarged edition that features an informative introduction by the author, written more than 25 years after the book's initial publication. (shrink)

I argue against the orthodox view of the relationship between propositional and doxastic justification. The view under criticism is: if p is propositionally justified for S in virtue of S's having reason R, and S believes p on the basis of R, then S's belief that p is doxastically justified. I then propose and evaluate alternative accounts of the relationship between propositional and doxastic justification, and conclude that we should explain propositional justification in terms of doxastic justification. If correct, this (...) proposal would constitute a significant advance in our understanding of the sources of epistemic justification. (shrink)

Technology is no longer confined to the laboratory but has become an established part of our daily lives. Its sophistication offers us power beyond our human capacity which can either dazzle or threaten; it depends who is in control. _Living in a Technological Culture_ challenges traditionally held assumptions about the relationship between `man-and-machine'. It argues that contemporary science does not shape technology but is shaped by it. Neither discipline exists in a moral vacuum, both are determined by politics rather than (...) scientific inquiry. By questioning our existing uses of technology, this book opens up wider debate on the shape of things to come and whether we should be trying to change them now. As an introduction to the philosophy of technology this will be valuable to students, but will be equally engaging for the general reader. (shrink)

This was scanned from the 1909 edition and mechanically checked against a commercial copy of the text from CDROM. Differences were corrected against the paper edition. The text itself is thus a highly accurate rendition. The footnotes were entered manually.

Intuition is sometimes derided as an abstruse or esoteric phenomenon akin to crystal-ball gazing. Such derision appears to be fuelled primarily by the suggestion, evidently endorsed by traditional rationalists such as Plato and Descartes, that intuition is a kind of direct, immediate apprehension akin to perception. This paper suggests that although the perceptual analogy has often been dismissed as encouraging a theoretically useless metaphor, a quasi-perceptualist view of intuition may enable rationalists to begin to meet the challenge of supplying a (...) theoretically satisfying treatment of their favoured epistemic source. It is argued, first, that intuitions and perceptual experiences are at a certain level of abstraction the same type of mental state, presentations, which are distinct from beliefs, hunches, inclinations, attractions, and seemings. The notion of a presentation is given a positive explication, which identifies its characteristic features, accounts for several of its substantive psychological roles, and systematically locates it in a threefold division among types of contentful states. Subsequently, it is argued that presentations, intuitive no less than sensory, are by their nature poised to play a distinctive epistemic role. Specifically, in the case of intuition, we encounter an intellectual state that is so structured as to provide justification without requiring justification in turn—something which may, thus, be thought of as ‘given’. (shrink)

John Broome; V*—Fairness, Proceedings of the Aristotelian Society, Volume 91, Issue 1, 1 June 1991, Pages 87–102, https://doi.org/10.1093/aristotelian/91.1.87.

Creative Intelligence: Essays in the Pragmatic Attitude represents an attempt at intellectual cooperation. No effort has been made, however, to attain unanimity of belief nor to proffer a platform of "planks" on which there is agreement. The consensus represented lies primarily in outlook, in conviction of what is most likely to be fruitful in method of approach. As the title page suggests, the volume presents a unity in attitude rather than a uniformity in results. Consequently each writer is definitively responsible (...) only for his own essay. The reader will note that the Essays endeavor to embody the common attitude in application to specific fields of inquiry which have been historically associated with philosophy rather than as a thing by itself. Beginning with philosophy itself, subsequent contributions discuss its application to logic, to mathematics, to physical science, to psychology, to ethics, to economics, and then again to philosophy itself in conjunction with esthetics and religion. The reader will probably find that the significant points of agreement have to do with the ideas of the genuineness of the future, of intelligence as the organ for determining the quality of that future so far as it can come within human control, and of a courageously inventive individual as the bearer of a creatively employed mind. (shrink)

Reissued here in its corrected second edition of 1864, this essay by John Stuart Mill argues for a utilitarian theory of morality. Originally printed as a series of three articles in Fraser's Magazine in 1861, the work sought to refine the 'greatest happiness' principle that had been championed by Jeremy Bentham, defending it from common criticisms, and offering a justification of its validity. Following Bentham, Mill holds that actions can be judged as right or wrong depending on whether they (...) promote happiness or 'the reverse of happiness'. Although attracted by Bentham's consequentialist framework based on empirical evidence rather than intuition, Mill separates happiness into 'higher' and 'lower' pleasures, arguing for a weighted system of measurement when making and judging decisions. Dissected and debated since its first appearance, the essay is Mill's key discussion on the topic and remains a fundamental text in the study of ethics. (shrink)