This volume provides discussions of both the concept of responsibility and of punishment, and of both individual and collective responsibility. It provides in-depth Socratic and Kantian bases for a new version of retributivism, and defends that version against the main criticisms that have been raised against retributivism in general. It includes chapters on criminal recidivism and capital punishment, as well as one on forgiveness, apology and punishment that is congruent with the basic precepts of the new retributivism defended therein. Finally, (...) chapters on corporate responsibility and punishment are included, with a closing chapter on holding the U.S. accountable for its most recent invasion and occupation of Iraq. The book is well-focused but also presents the widest ranging set of topics of any book of its kind as it demonstrates how the concepts of responsibility and punishment apply to some of the most important problems of our time. “This is one of the best books on punishment, and the Fourth Edition continues its tradition of excellence. The book connects punishment importantly to moral responsibility and desert, and it is comprehensive in its scope, both addressing abstract, theoretical issues and applied issues as well. The topics treated include collective responsibility, apology, forgiveness, capital punishment, and war crimes. Highly recommended.”—John Martin Fischer, Distinguished Professor of Philosophy, University of California, Riverside. (shrink)

This paper explicates and challenges John Rawl's argument concerning a rule-utilitarian theory of punishment. In so doing, it argues in favour of a retributivist theory of punishment, one that seeks to justify, not only particular forms of punishment, but the institution of punishment itself. Some crucial objections to retributivism are then considered: one regarding the adverse effects of punishment on the innocent, another concerning proportional punishment, a third pertaining to vengeance and retribution, a Marxian concern with retributive punishment, and (...) a concern with the concept of desert. Each objection is deflected in order to ward-off what seem to be the most serious criticisms of a retributivist view of punishment and to clarify the depth of the retributivist position. (shrink)

This article is a critical philosophical assessment of John Searle’s theory of human rights as it is articulated both in his earlier book, The Construction of Social Reality and especially in his more recent book, Making the Social World.

This paper is an elaboration of my previous paper published in Philosophy, ‘Making Sense of retributivism,’ which was a criticism of John Rawls' attempt in ‘Two Concepts of Rules’ to develop a rule utilitarian theory of punishment wherein utilitarianism is best construed as a justificatory basis for the institution of punishment and retributivism is best construed as serving as a justificatory basis for particular forms of punishment. I challenge this claim, arguing that retributivism must and can provide a justification (...) both for the institution of punishment and for particular forms of punishment. In the end, I develop an analysis of the nature of desert as responsibility and proportionality. This notion of desert makes the best sense of retributivism. (shrink)

This article seeks to expose some of the implications of certain versions of pacifism for matters of criminal punishment, arguing that the plausibility of these versions of pacifism depend on the extent to which their implicit denials of certain central punishment-related concepts are themselves reasonable.

In this essay, we respond to Angelo Corlett’s criticism of our paper ‘Ethics, Brain Injuries, and Sports: Prohibition, Reform, and Prudence’. To do so, first, we revisit certain assumptions and arg...

Winner of the 1990 Foundations of Political Theory Section of the American Political Science Association "First Book Award" Now available in paperback with a new preface by the author, this award-winning book breaks new ground by challenging traditional concepts of community in political theory. William Corlett brings the diverse (and sometimes contradictory) work of Foucault and Derrida to bear on the thought of Pocock, Burke, Lincoln, and McIntyre, among others, to move beyond the conventional dichotomy of "individual vs. community," (...) arguing instead that community is best advanced within a politics of difference. (shrink)

Equality and Liberty: Analysing Rawls and Nozick is an indispensable source for those seriously interested in some rigorous assessments of the ideas of America's two most popular political philosophers. The essays in this volume cover a wide range of topics, some engaging each other in their analyses of particular Rawlsian or Nozickian themes. This collection of recent essays brings the student up-to-date concerning some of the more recent developments and assessments of Rawlsian and Nozickian ideas.

This new edition includes a substantial postscript by the author, in which he responds to thirty years of discussion, criticism and further work in the field to ...

Natural Law and Natural Rights is widely recognised as a seminal contribution to the philosophy of law, and an essential reference point for all students of the subject. This new edition includes a substantial postscript by the author responding to thirty years of comment, criticism, and further work in the field.

This investigation takes full account of the findings of the social and historical sciences while offering a religious interpretation of the religions as different culturally conditioned responses to a transcendent Divine Reality.

One cannot step twice into the same river, nor can one grasp any mortal substance in a stable condition, but it scatters and again gathers; it forms and dissolves, and approaches and departs—Heraclitus. Play is always play of absence and presence, but if one wishes to think it radically, one must think it before the alternative of presence and absence; it is necessary to think of Being as presence or absence from the possibility of play on, and not the other (...) way around—Derrida. (shrink)

Conceptualism is the thesis that, for any perceptual experience E, (i) E has a Fregean proposition as its content and (ii) a subject of E must possess a concept for each item represented by E. We advance a framework within which conceptualism may be defended against its most serious objections (e.g., Richard Heck's argument from nonveridical experience). The framework is of independent interest for the philosophy of mind and epistemology given its implications for debates regarding transparency, relationalism and representationalism, demonstrative (...) thought, phenomenal character, and the speckled hen objection to modest foundationalism. (shrink)

This launch volume in the Founders of Modern Political and Social Thought series presents a critical examination of Aquinas' thought, combining an accessible, historically-informed account of his work with an assessment of his central ideas and arguments. John Finnis presents a richly-documented critical review of Aquinas's thought on morality, politics, law, and method in social science. Unique in his coverage of Aquinas's primary and secondary texts and his own vigorous argumentation on many themes, the author focuses on the philosophy (...) in Aquinas's texts, and demonstrates how this interconnects with the theological elements. Professor Finnis shows how Aquinas, despite some medieval limitations, makes clear and profound contributions to present debates. (shrink)

We provide a new wrinkle to the Argument from Unfair Advantage, a rather popular one in the ethics of doping in sports discussions. But we add a new argument that we believe places the moral burden on those who favor doping in sports. We also defend our position against some important concerns that might be raised against it. In the end, we argue that for the time being, doping in sports ought to be banned until it can be demonstrated that (...) our concerns can be satisfied. (shrink)

If affirmative action and other ethnicity-based social programs are justified, then J. Angelo Corlett believes it is important to come to an adequate understanding of the nature of ethnicity in general and ethnic group membership in particular. In Race, Racism, and Reparations, Corlett reconceptualizes traditional ideas of race in terms of ethnicity. As he makes clear, the answers to the questions "What is a Native American?" or "What is a Latino?" have important implications for public policy, especially for (...) those programs designed to address historic injustices and economic and social imbalances among different groups in our society. Having supplanted "race" with a well-defined concept of ethnicity, the author then analyzes the nature and function of racism. Corlett argues for a notion of racism that must encompass not only racist beliefs but also racist actions, omissions, and attempted actions. His aim is to craft a definition of racism that will prove useful in legal and public policy contexts. Corlett places special emphasis on the broad questions of whether reparations for ethnic groups are desirable and what forms those reparations should take: land, money, social programs? He addresses the need for differential affirmative action programs and reparations policies—the experiences of different ethnic groups vary greatly. Arguments for reparations to Native and African Americans are considered in light of a variety of objections that are or might be raised against them. Corlett articulates and critically analyzes a number of possible proposals for reparations. (shrink)

SYMBOLIC LOGIC. CHAPTER I. ON THE FORMS OF LOGICAL PROPOSITION. IT has been mentioned in the Introduction that the System of Logic which this work is ...

The main theme of this book is the challenge to ethics from philosophical scepticism and from contemporary forms of consequentialism.

Corporate social responsibility is a recognised and common part of business activity. Some of the regularly cited motives behind CSR are employee morale, recruitment and retention, with employees acknowledged as a key organisational stakeholder. Despite the significance of employees in relation to CSR, relatively few studies have examined their engagement with CSR and the impediments relevant to this engagement. This exploratory case study-based research addresses this paucity of attention, drawing on one to one interviews and observation in a large UK (...) energy company. A diversity of engagement was found, ranging from employees who exhibited detachment from the CSR activities within the company, to those who were fully engaged with the CSR activities, and to others who were content with their own personal, but not organisational, engagement with CSR. A number of organisational context impediments, including poor communication, a perceived weak and low visibility of CSR culture, and lack of strategic alignment of CSR to business and personal objectives, served to explain this diversity of employee engagement. Social exchange theory is applied to help explore the volition that individual employees have towards their engagement with CSR activities, and to consider the implications of an implicit social, rather than explicit economic, contract between an organisation and its employees in their engagement with CSR. (shrink)

This two-volume work, first published in 1843, was John Stuart Mill's first major book. It reinvented the modern study of logic and laid the foundations for his later work in the areas of political economy, women's rights and representative government. In clear, systematic prose, Mill disentangles syllogistic logic from its origins in Aristotle and scholasticism and grounds it instead in processes of inductive reasoning. An important attempt at integrating empiricism within a more general theory of human knowledge, the work (...) constitutes essential reading for anyone seeking a full understanding of Mill's thought. Continuing the discussion of induction, Volume 2 concludes with Book VI, 'On the Logic of the Moral Sciences', in which Mill applies empirical reasoning to human behaviour. A crucial early formulation of his thinking regarding free will and necessity, this book establishes the centrality of 'the social science' to Mill's philosophy. (shrink)

The Machiavellian Moment is a classic study of the consequences for modern historical and social consciousness of the ideal of the classical republic revived by Machiavelli and other thinkers of Renaissance Italy. J.G.A. Pocock suggests that Machiavelli's prime emphasis was on the moment in which the republic confronts the problem of its own instability in time, and which he calls the "Machiavellian moment." After examining this problem in the thought of Machiavelli, Guicciardini, and Giannotti, Pocock turns to the revival of (...) republican thought in Puritan England and in Revolutionary and Federalist America. He argues that the American Revolution can be considered the last great act of civic humanism of the Renaissance. He relates the origins of modern historicism to the clash between civic, Christian, and commercial values in the thought of the eighteenth century. (shrink)

Analyzing Social Knowledge argues for both socialized and naturalized epistemology. J. Angelo Corlett takes social epistemology in a new direction, applying the findings of experimental cognitive psychology to theories of social knowledge. Corlett analyzes social knowlegde in terms of group belief, individual belief, truth, justification, coherence, and reliability and responsibility. He provides a critique of leading theories of social knowledge and defends his analysis against respected criticisms of naturalized epistemology. The far-reaching implications of Analyzing Social Knowledge will interest (...) epistemoloogists, philosophers of the mind, and cognitive psychologists. (shrink)

Dewey's book on Democracy and Education established his credentials in the field of education and once counted as his most important book. It has been re-published in many editions and continuously in print ever since the original publication in 1916.

This article examines the nonhistoricist higher-order compatibilist theory of moral responsibility devised and defended by Harry G. Frankfurt. Intuitions about certain kinds of cases of moral responsibility cast significant doubt on the wide irrelevancy clause of the nonhistoricist feature of Frankfurt’s theory. It will be argued that, while the questions of the nature and ascription of moral responsibility must be separated in doing moral responsibility theory, the questions of whether or not and the extent to which an agent is morally (...) responsible for performing certain kinds of actions cannot be settled without also answering the question of the history of that agent’s attitudes, preferences, etc. which may have contributed to the agent’s performing such actions. Thus Frankfurt’s repeated claim that the history of an agent’s action is “irrelevant” to the question of that agent’s moral responsibility for it is rendered dubious, thereby rendering problematic the strongly nonhistoricist component of his theory. The methodological difference between my challenge to Frankfurt’s nonhistoricism and those of others is that, while others have challenged Frankfurt’s nonhistoriciams by way of thought experiments involving hyper-manipulation, mine presents a set of counter-examples to his nonhistoricism which emanate from morality and the law. Indeed, if my counter-example is plausible, then Frankfurt’s nonhistoricism cannot make good sense of some standard instances of racism. Furthermore, while many believe that racist hate crimes ought to be punished more heavily than crimes committed absent hate, the argument herein provides reasons for mitigating, rather than increasing, the responsibility and punishments of many such crimes. What matters in such cases is the extent to which the hatred accompanying said crimes has a history in the agent’s life, one which makes it significantly difficult for her to do other than what she did in committing the racist crime. (shrink)

The book also includes a chronological table of significant events, select bibliography, succinct explanatory notes, and an index--all of which supply ...

The notion of proof is central to mathematics yet it is one of the most difficult aspects of the subject to teach and master. In particular, undergraduate mathematics students often experience difficulties in understanding and constructing proofs. Understanding Mathematical Proof describes the nature of mathematical proof, explores the various techniques that mathematicians adopt to prove their results, and offers advice and strategies for constructing proofs. It will improve students’ ability to understand proofs and construct correct proofs of their own. The (...) first chapter of the text introduces the kind of reasoning that mathematicians use when writing their proofs and gives some example proofs to set the scene. The book then describes basic logic to enable an understanding of the structure of both individual mathematical statements and whole mathematical proofs. It also explains the notions of sets and functions and dissects several proofs with a view to exposing some of the underlying features common to most mathematical proofs. The remainder of the book delves further into different types of proof, including direct proof, proof using contrapositive, proof by contradiction, and mathematical induction. The authors also discuss existence and uniqueness proofs and the role of counter examples. (shrink)

Despite recurring efforts, a gap exists across a variety of contexts between the protection of patients' safety in theory and in practice. This timely Research Handbook highlights these critical issues and suggests both legal and policy changes are necessary to better protect patients' safety. Multidisciplinary in nature, this Research Handbook features contributions from eminent academics, policy makers and medical practitioners from the Global North and South, discussing the essential facets concerning patient safety and the law. It highlights how the role (...) of legislation and case law has the potential to influence, both positively and negatively, medical practice and the quality of care. Chapters explore patient safety and the global health agenda; physiotherapy; 'non-therapeutic' clinical research with children; patient safety awareness in healthcare education; and the increasing use of robotics and artificial intelligence in healthcare. Outlining a wide range of international perspectives on patient safety and the law, this Research Handbook will appeal to academics and researchers specialising in health and medical law, human rights and healthcare regulation. It will also serve as a valuable resource for legal and medical practitioners alike, as well as clinicians and professionals working in healthcare governance. (shrink)