Law and Philosophy:1-30 (forthcoming)
|Abstract||The doing/allowing distinction plays an important role in our thinking about a number of legal issues, such as the need for criminal process protections, prohibitions on torture, the permissibility of the death penalty and so on. These are areas where, at least initially, there seem to be distinctions between harms that the state inflicts and harms that it merely allows. In this paper I will argue for the importance of the doing/allowing distinction as applied to state action. Sunstein, Holmes, Vermeule and others have presented influential arguments for the claim that where the state is concerned the doing/allowing distinction has no moral significance, even if it does elsewhere. I show that these arguments can be resisted. In doing so, I defend some important distinctions and principles that help us understand the state’s role in protecting people from harm|
|Keywords||No keywords specified (fix it)|
|Through your library||Configure|
Similar books and articles
Fiona Woollard (2010). Doing/Allowing and the Deliberative Requirement. Ratio 23 (2):199-216.
Thomas S. Huddle (2013). Moral Fiction or Moral Fact? The Distinction Between Doing and Allowing in Medical Ethics. Bioethics 27 (5):257-262.
Fiery Cushman, Joshua Knobe & Walter Sinnott-Armstrong (2008). Moral Appraisals Affect Doing/Allowing Judgments. Cognition 108 (2):353-380.
Fiona Woollard (2008). Doing and Allowing, Threats and Sequences. Pacific Philosophical Quarterly 89 (2):261–277.
Marion Hourdequin (2007). Doing, Allowing, and Precaution. Environmental Ethics 29 (4):339-358.
Fiona Woollard (2012). The Doctrine of Doing and Allowing II: The Moral Relevance of the Doing/Allowing Distinction. Philosophy Compass 7 (7):459-469.
Fiona Woollard (2012). The Doctrine of Doing and Allowing I: Analysis of the Doing/Allowing Distinction. Philosophy Compass 7 (7):448-458.
Mark van Roojen (1999). Reflective Moral Equilibrium and Psychological Theory. Ethics 109 (4):846-857.
Mark Schroeder (2012). The Ubiquity of State-Given Reasons. Ethics 122 (3):457-488.
Charles A. Hart (1940). Philosophy of the State: The Individual; Civil Rights; the Democratic State; the Totalitarian State; the Corporative State; Church and State. [Washington, D.C.,G. Dawe].
Neil Campbell Manson (2000). State Consciousness and Creature Consciousness: A Real Distinction. Philosophical Psychology 13 (3):405-410.
Samuel C. Rickless (2011). The Moral Status of Enabling Harm. Pacific Philosophical Quarterly 92 (1):66-86.
Peter Simpson (1994). Liberalism, State, and Community. Critical Review 8 (2):159-173.
Added to index2011-01-28
Total downloads113 ( #4,789 of 549,198 )
Recent downloads (6 months)29 ( #1,622 of 549,198 )
How can I increase my downloads?