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Profile: Kimberley Brownlee (University of Warwick)
  1. Kimberley Brownlee (forthcoming). An Examination of Moral Theory and Personal Relationships. Prolegomena.
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  2. Daniel Attas, Charles Beitz, Jeffrey Brand-Ballard, Kimberley Brownlee, Sharon Byrd, Michael Cahill, Edward Cheng, Vincent Chiao, John Christman & Sean Coyle (2013). Please Join Us in Thanking All of Those Experts in Law and Philosophy for Devoting Time and Effort to Review the Papers We Have Sent Them. The Editor and Publisher Acknowledge the Colleagues Listed Below for Their Excellent Reviews of Papers for Which Final Decisions Have Been Made in 2013. Law and Philosophy 32:823-824.
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  3. Kimberley Brownlee (2013). A Human Right Against Social Deprivation. Philosophical Quarterly 63 (251):199-222.
    Human rights debates neglect social rights. This paper defends one fundamentally important, but largely unacknowledged social human right. The right is both a condition for and a constitutive part of a minimally decent human life. Indeed, protection of this right is necessary to secure many less controversial human rights. The right in question is the human right against social deprivation. In this context, ‘social deprivation’ refers not to poverty, but to genuine, interpersonal, social deprivation as a persisting lack of minimally (...)
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  4. Kimberley Brownlee (2013). Digging Up, Dismantling, and Redesigning the Criminal Law. Criminal Law and Philosophy 7 (1):169-178.
    The criminal law raises wonderfully thorny foundational questions. Some of these questions are conceptual: What is a plausible conception of crime ? What is a plausible conception of criminal law ? Some of these questions are genealogical: What are the historical and genealogical roots of the criminal law in a particular jurisdiction? Other questions are evaluative: What are the political and moral values on which a given conception of criminal law depends? What kind of rational reconstruction, if any, could the (...)
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  5. Kimberley Brownlee (2012). Conscience and Conviction: The Case for Civil Disobedience. Oxford University Press.
    This book shows that civil disobedience is generally more defensible than private conscientious objection. -/- Part I explores the morality of conviction and conscience. Each of these concepts informs a distinct argument for civil disobedience. The conviction argument begins with the communicative principle of conscientiousness. According to this principle, having a conscientious moral conviction means not just acting consistently with our beliefs and judging ourselves and others by a common moral standard. It also means not seeking to evade the consequences (...)
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  6. Kimberley Brownlee (2012). Social Deprivation and Criminal Justice. In François Tanguay-Renaud & James Stribopoulos (eds.), Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law. Hart Publishing.
    This article challenges the use of social deprivation as a punishment, and offers a preliminary examination of the human rights implications of exile and solitary confinement. The article considers whether a human right against coercive social deprivation is conceptually redundant, as there are recognised rights against torture, extremely cruel, inhumane, or degrading treatment as well as rights to basic health care, education, and security, which might encompass what this right protects. The article argues that the right is not conceptually redundant, (...)
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  7. Kimberley Brownlee (2011). The Offender's Part in the Dialogue. In Rowan Cruft, Matthew H. Kramer & Mark R. Reiff (eds.), Crime, Punishment, and Responsibility: The Jurisprudence of Antony Duff. Oxford University Press. 54.
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  8. Kimberley Brownlee (2010). Moral Aspirations and Ideals. Utilitas 22 (3):241-257.
    My aim is to vindicate two distinct and important moral categories – ideals and aspirations – which have received modest, and sometimes negative, attention in recent normative debates. An ideal is a conception of perfection or model of excellence around which we can shape our thoughts and actions. An aspiration, by contrast, is an attitudinal position of steadfast commitment to, striving for, or deep desire or longing for, an ideal. I locate these two concepts in relation to more familiar moral (...)
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  9. Kimberley Brownlee (2010). Moral Demands, Moral Pragmatics, and Being Good. Utilitas 22 (3).
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  10. Kimberley Brownlee (2010). Reasons and Ideals. Philosophical Studies 151 (3):433-444.
    This paper contributes to the debate on whether we can have reason to do what we are unable to do. I take as my starting point two papers recently published in Philosophical Studies , by Bart Streumer and Ulrike Heuer, which defend the two dominant opposing positions on this issue. Briefly, whereas Streumer argues that we cannot have reason to do what we are unable to do, Heuer argues that we can have reason to do what we are unable to (...)
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  11. Kimberley Brownlee (2010). Responsibilities of Criminal Justice Officials. Journal of Applied Philosophy 27 (2):123-139.
    In recent years, political philosophers have hotly debated whether ordinary citizens have a general pro tanto moral obligation to follow the law. Contemporary philosophers have had less to say about the same question when applied to public officials. In this paper, I consider the latter question in the morally complex context of criminal justice. I argue that criminal justice officials have no general pro tanto moral obligation to adhere to the legal dictates and lawful rules of their offices. My claim (...)
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  12. Kimberley Brownlee (2010). Retributive, Restorative and Ritualistic Justice. Oxford Journal of Legal Studies 30 (2):385-397.
    Few defences of retribution in criminal justice make a plausible case for the view that punishment plays a necessary role in restoring relations between offenders, victims and the community. Even fewer defences of retribution make a plausible appeal to the interpersonal practice of apologizing as a symbolically adequate model for criminal justice. This review article considers Christopher Bennett’s engaging defence of an apology ritual in criminal justice, an account of justifiable punishment that draws from the best of retributive and restorative (...)
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  13. Kimberley Brownlee & Zofia Stemplowska (2010). Introduction. Ethics 120 (2):209-211.
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  14. Kimberley Brownlee (2009). Book Reviews:Offences and Defences: Selected Essays in the Philosophy of Criminal Law. [REVIEW] Ethics 119 (3):561-566.
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  15. Kimberley Brownlee (2009). Normative Principles and Practical Ethics: A Response to O'Neill. Journal of Applied Philosophy 26 (3):231-237.
    abstract This article briefly examines Onora O'Neill's account of the relation between normative principles and practical ethical problems with an eye to suggesting that philosophers of practical ethics have reason to adopt fairly high moral ambitions to be edifying and instructive both as educators and as advisors on public policy debates.
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  16. Kimberley Brownlee (2009). Review of C. A. J. Coady, Messy Morality: The Challenge of Politics. [REVIEW] Notre Dame Philosophical Reviews 2009 (6).
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  17. Kimberley Brownlee (2009). Review of Horder Jeremy, Excusing Crime. [REVIEW] Criminal Law and Philosophy 3 (1):103-105.
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  18. Kimberley Brownlee & Adam Cureton (eds.) (2009). Disability and Disadvantage. Oxford University Press.
    Introduction ADAM CURETON AND KIMBERLEY BROWNLEE Disability and disadvantage are interrelated topics that raise important and sometimes overlooked issues in ...
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  19. Kimberley Brownlee (2008). Legal Obligation as a Duty of Deference. Law and Philosophy 27 (6):583 - 597.
    An enduring question in political and legal philosophy concerns whether we have a general moral obligation to follow the law. In this paper, I argue that Philip Soper’s intuitively appealing effort to give new life to the idea of legal obligation by characterising it as a duty of deference is ultimately unpersuasive. Soper claims that people who understand what a legal system is and admit that it is valuable must recognise that they would be morally inconsistent to deny that they (...)
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  20. Kimberley Brownlee (2008). Penalizing Public Disobedience. Ethics 118 (4):711-716.
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  21. Kimberley Brownlee (2008). Justifying Punishment: A Response to Douglas Husak. [REVIEW] Criminal Law and Philosophy 2 (2):123-129.
    In ‘Why Criminal Law: A Question of Content?’, Douglas Husak argues that an analysis of the justifiability of the criminal law depends upon an analysis of the justifiability of state punishment. According to Husak, an adequate justification of state punishment both must show why the state is permitted to infringe valuable rights such as the right not to be punished and must respond to two distinct groups of persons who may demand a justification for the imposition of punishment, namely, individuals (...)
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  22. William J. FitzPatrick, Cheryl Misak, Mark Greene, Daniel Statman, Brian Barry & Kimberley Brownlee (2008). 10. Kristin Shrader‐Frechette, Taking Action, Saving Lives: Our Duties to Protect Environmental and Public Health Kristin Shrader‐Frechette, Taking Action, Saving Lives: Our Duties to Protect Environmental and Public Health (Pp. 757-761). [REVIEW] Ethics 118 (4).
     
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  23. Kimberley Brownlee, Civil Disobedience. Stanford Encyclopedia of Philosophy.
  24. Kimberley Brownlee (2007). Protest and Punishment : The Dialogue Between Civil Disobedients and the Law. In Michael D. A. Freeman & Ross Harrison (eds.), Law and Philosophy. Oxford University Press.
     
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  25. Kimberley Brownlee (2007). Simon Blackburn, Lust (New York: Oxford University Press, 2004). Think 5 (14):109-112.
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  26. Kimberley Brownlee (2007). The Communicative Aspects of Civil Disobedience and Lawful Punishment. Criminal Law and Philosophy 1 (2):179-192.
    A parallel may be drawn between the communicative aspect of civil disobedience and the communicative aspect of lawful punishment by the state. In punishing an offender, the state seeks to communicate both its condemnation of the crime committed and its desire for repentance and reformation on the part of the offender. Similarly, in civilly disobeying the law, a disobedient seeks to convey both her condemnation of a certain law or policy and her desire for recognition that a lasting change in (...)
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  27. Kimberley Brownlee (2006). Serena Olsaretti (Ed.), Desert and Justice (Oxford: Oxford University Press, 2003), Pp. Xi + 269. Utilitas 18 (04):449-.
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  28. Kimberley Brownlee (2004). Features of a Paradigm Case of Civil Disobedience. Res Publica 10 (4):337-351.
    The purpose of this paper is not to define civil disobedience, but to identify a paradigm case of civil disobedience and the features exemplified in it. After noting the benefits of this methodological approach, the paper proceeds with an examination of two key, interconnected features: conscientiousness and communication. First, a link is made between the conscientious aspect of civil disobedience and moral consistency; a civil disobedient demonstrates a conscientious commitment to certain values through her willingness to condemn, and to dissociate (...)
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  29. Kimberley Brownlee (2004). Obedience, Conformity, and Deference. Res Publica 10 (3):267-274.
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  30. Kimberley Brownlee (2004). Book Review: The Oxford Handbook of Jurisprudence and Philosophy of Law. [REVIEW] Journal of Moral Philosophy 1 (2):229-231.
    The Oxford Handbook of Jurisprudence and Philosophy of Law brings together specially commissioned essays by twenty-six of the foremost legal theorists currently writing, to provide a state-of-the-art overview of jurisprudential scholarship. Each author presents an account of the contending views and scholarly debates animating their field of enquiry as well as setting the agenda for further study. This landmark publication will be essential reading for anyone working in legal theory and of interest to legal scholars generally, philosophers, and legal theorists (...)
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