This book examines the extremely important issue of the consistency of medical involvement in ending lives in medicine, law and war. It uses philosophical theory to show why medical doctors may be involved at different stages of the capital punishment process. The author uses the theories of Emmanuel Kant and John S. Mill, combined with Gerwith's principle of generic consistency, to concretize ethics in capital punishment practice. This book does not discuss the moral justification of (...) capital punishment, but rather looks at the possible forms of involvement and shows why consistency would demand medical involvement. The author takes a general approach, using arguments that may apply universally. The book broaches different academic fields, such as medicine, ethics, business, politics and defense. The Ethics of Medical Involvement in Capital Punishment is of interest to students, teachers, lecturers and researchers working in the areas of capital punishment, medical, legal and business ethics, and political philosophy. (shrink)

Issues of life and death such as abortion, assisted suicide, capital punishment, and others are among the most contentious in many societies. Whose rights are protected? How do these rights and protections change over time and who makes those decisions? Based on the author's award-winning and hugely popular undergraduate course at The University of Texas, this book explores these questions and the fundamentally sociological processes that underlie the quest for morality and justice in human societies. The author's goal (...) is not to advocate any particular moral "high ground," but to shed light on the social movements and social processes that are at the root of these seemingly personal moral questions"--Provided by publisher. (shrink)

Using deconstruction, this book approaches contemporary problems raised by technologies of life and death from cloning to capital punishment; and thereby, provides new insights into current debates from a perspective outside of mainstream philosophy with its assumptions of individual and political sovereignty.

A single question -- An exclusionary movement is born -- Legal reform to eliminate defectives -- Redrawing the boundaries of protected life -- Crystallizing events and ethical principles -- A bolt from the blue: abortion is legalized -- Man's law or god's will -- Inches from life -- Should the baby live? -- Limits to tolerable suffering -- Alleviating suffering and protecting life -- God, duty, and life worth living -- Assisted dying -- Removing the protective boundaries of life (...) -- A campaign to stop the executions -- The pendulum swings, the debate continues -- Justifying torture -- Lessons learned. (shrink)

For the living, death has a moral dimension. When we confront death and dying in our own lives and in the lives of others, we ask questions about the good, right, and fitting as they relate to our experiences of human mortality. When others die, the living are left with moral questions--questions that often generate personal inquiry as to whether a particular death was "good" or whether it was tragic, terrifying, or peaceful. In The Ethics of Death, the (...) authors, one a philosopher and one a religious studies scholar, undertake an examination of the deaths that we experience as members of a larger moral community. Their respectful and engaging dialogue highlights the complex and challenging issues that surround many deaths in our modern world and helps readers frame thoughtful responses. Unafraid of difficult topics, Steffen and Cooley fully engage suicide, physician-assisted suicide, euthanasia, capital punishment, abortion, and war as areas of life where death poses moral challenges." -- Publisher's description. (shrink)

Based on the author's award-winning and hugely popular undergraduate course at the University of Texas, this book explores these questions and the fundamentally sociological processes which underlie the quest for morality and justice in ...

Is the capital punishment a solution? Can a basis for rejecting or justifying it be established? How should and how can a criminal be punished? Can the capital punishment be replaced by another type of punishment? Is this really a cruel, violent and unusual punishment? Questions like the previous ones, to which, of course, many others can be added, cannot be avoided once the still controversial issue of capital punishment has been addressed, (...) being considered a major infringement of human rights. Uncomfortable and complex, sensitive and profound, it appears, first and foremost, as a fundamental theme for philosophical reflection and not only, being of a special significance to the applied ethics, as it is a point of contention that concerns life itself. The importance of this theme is conferred in particular by the fact that it deals with different aspects regarding the suppression of a person's life in a legal, deliberate and justified way, an obvious importance by the very purpose of this punishment. From a compositional point of view, we have structured the present study in such a way as to include, using the critical dimension, the highlighting of some of the relevant philosophical perspectives that are subsumed to the topic, and which can still be an argument, at least an ethical one, against the application of capital punishment. At the end of the study, we sketched some current distinctive reflections, pointing out an argument in favour of one's own choice on the subject of the study, not necessarily considering that this is not a solution, but also that an ultimate basis cannot be established to support it. (shrink)

Professor Matthew Kramer is one of the most important legal philosophers of our time - even if the label 'legal philosopher' does not do justice to the breadth of his work. This collection of essays brings together esteemed philosophers, as well as junior scholars, to critically assess Kramer's philosophy. The contributions focus on Kramer's work on legal philosophy, metaethics, normative ethics, and political philosophy. The volume is divided into six parts, each focusing on different aspect of Kramer's work. The first (...) part, Rights and Right-holding, contains five essays addressing Kramer's work on rights and right-holding, including the Hohfeldian analysis and the interest theory of right-holding. The four essays in the second part, General Jurisprudence, focus on Kramer's work in general jurisprudence, from the compatibility of legal positivism with universal legal error, to his robust defense of inclusive legal positivism, concluding with reflections on his writings on the rule of law. The third part, General Matters of Ethics, contains two essays addressing Kramer's metaethical work on moral realism as a moral doctrine. The fourth and fifth parts, Freedom and Liberalism, have four essays falling within political philosophy, probing Kramer's work on negative freedom and political liberalism, respectively. The sixth part, Applied Ethics, contains two essays on Kramer's work on capital punishment and freedom of expression. The collection is rounded off by reflections on, and replies to, the contributions by Kramer himself. (shrink)

Offers the view that only an interdisciplinary view grounded in the impartial method of scientific inquiry can hope to develop moral principles and rules of action appropriate to today's world. Daleiden, a lecturer and author, argues that only a scientific understanding of human nature in conjunction with a rigorous empirical analysis of human behavior and its consequences can provide a basis for formulating sets of norms best suited to society's needs. He reviews various systems of ethics, from those proposed (...) by the ancient Greeks to the theories of 20th-century thinkers, in his discussion of modern ethical issues such as abortion, capital punishment, euthanasia, drug use, sexual behavior, and pornography. Annotation copyrighted by Book News, Inc., Portland, OR. (shrink)

In my recent book Liberalism with Excellence, I have expounded at length a conception of warranted self-respect. That conception, which draws heavily though far from uncritically on the scattered passages about self-respect in the writings of John Rawls, is central to my defense of a variety of liberalism that combines and transfigures certain aspects of Rawlsianism and perfectionism. However, it is also central to the positions taken in some earlier books of mine on capital punishment and torture. Although (...) my understanding of warranted self-respect was presented far more briefly or obliquely in each of those earlier books than in Liberalism with Excellence, it in fact underlies both my limited defense of the death penalty and my absolutist insistence that the use of interrogational torture is never morally permissible. The present paper will recount the gist of my conception of warranted self-respect and will then explain how that conception figures pivotally in my ruminations on the diverse matters of political morality that have been mentioned here. (shrink)

We will consider alternative ways that Kant’s philosophical views on ethics generally and on punishment more particularly could be brought into harmony with the present near consensus of opposition to the death penalty. We will make use of the notion of the contemporary consensus about certain issues, particularly equality of the sexes and the death penalty, found in widespread agreement, though not unanimity. Of course, it is always possible that some consensuses are wrong, or misguided, or mistaken. We should (...) not put too much philosophical weight on the notion of a consensus here. If there is a consensus for the equality of women as citizens, and against the death penalty, this will simply suggest to us that we will want to reconsider Kant’s views on such topics. In both instances mentioned, his views lie outside the current consensus. We will consider how to revise Kant’s views to bring them into accord with these current consensuses, within a theory that is still, in as significant a sense as possible, Kantian. Since the use of the idea of a consensus is a sort of short-cut, there will not be much direct discussion of arguments for or against the equality of women as citizens, or for or against the advisability of using the death penalty. Yet the discussions of these issues will illuminate certain facts about the structure of Kant’s moral and political theories, and about how the basic principles within those theories relate to particular moral applications or topics. If we can still end up with a thoroughly Kantian view on the death penalty, that also will tell us something about the relation of Kantian ethical and legal principles to the death penalty as that issue is discussed today. Opposition to the death penalty in present day circumstances is not at variance with the basic principles of Kantian ethical, political, and legal theory, including his retributivism in the justification of punishment. Indeed, there is a way of revising Kant’s views to bring them into harmony with abolition. (shrink)

From a juridical standpoint, Kant ardently upholds the state's right to impose the death penalty in accordance with the law of retribution. At the same time, from an ethical standpoint, Kant maintains a strict proscription against suicide. The author proposes that this latter position is inconsistent with and undercuts the former. However, Kant's division between external (juridical) and internal (moral) lawgiving is an obstacle to any argument against Kant's endorsement of capital punishment based on his own (...) disapprobation of suicide. Nevertheless, Kant's basic conception of autonomy underlies both of these otherwise distinct forms of lawgiving, such that acts of suicide and capital punishment are rendered equally irrational within his overall framework. (shrink)

En examinant les discours les plus emblématiques produits par la philosophie moderne au sujet de la peine de mort, notre intention n'est nullement de "peser le pour et le contre" en vue de déterminer quelle position s'avère la plus raisonnable. Assumant d'emblée le point de vue abolitionniste, notre question est la suivante : dans quelle mesure est-il possible de fonder en raison le refus catégorique de la peine capitale? A cet égard, le détour par l'histoire de la philosophie nous montre (...) à quel point cette raison est avant tout divisée contre elle-même. En effet, au terme d'un travail visant à sonder la cohérence interne des partisans de la peine de mort (Locke, Kant, Stuart Mill) ainsi que de ses adversaires (Beccaria, Bentham), il nous est apparu impossible de conclure à un simple défaut de rationalité de la part des uns ou des autres. Ce que l'on constate au contraire, c'est que chaque démonstration se déploie à partir d'un certain nombre de principes éthiques indémontrables. Bien plus, chaque grande philosophie pénale est susceptible de donner lieu à des prises de position radicalement opposées. Mais pour peu que l'on se refuse à concevoir un abîme insurmontable entre la raison d'une part, et ce que d'aucuns nommèrent le "coeur" d'autre part, la philosophie morale peut bénéficier d'une approche dans laquelle le raisonnement et la sensibilité se complètent, au lieu de constituer une alternative. Paradoxalement, c'est dans l'oeuvre de Jean-Jacques Rousseau qu'il nous a semblé possible de repérer les éléments permettant de fonder au mieux l'abolition, tout en évitant le double écueil du rationalisme dogmatique et de l'émotivisme relativiste. (shrink)

A large proportion of the population thinks that capital punishment is a reasonable method to reduce crime and punish those who have been convicted of a capital crime. I discuss aspects to the philosophy of capital punishment, and analyze factual elements of murder conviction processes, to significantly cast doubt on the pro-capital punishment argument. In order to measure the true value and need for capital punishment, one must analyze pro capital (...) punishment arguments in light of the alternatives. While theories of deterrence, incapacitation and retribution will be reviewed, theories of rehabilitation and restoration will not since they are not applicable to the capital punishment discussion. With increased legal protections, which are a good thing, and rising costs of incarceration, capital punishment is not the greatest good punishment option for capital crime. The remaining options are revising the capital punishment system, an enormous challenge, or suspending it indefinitely. (shrink)

This Article argues that just as the act of forcing sex upon a rapist is itself rape, the execution of a murderer is itself murder. Part I clears the way by defeating three simple, but common, arguments that capital punishment is not murder. Part II shows that despite moral theorists' best attempts to show otherwise, executions seem to instantiate all the morally relevant properties of murder. Part III notes a lacuna in the literature on capital (...) class='Hi'>punishment: Even if there is a good moral reason to execute murderers, the distinction between capital punishment and murder requires a plausible account of the state's right to execute citizens. We have no such account. (shrink)

Religious traditions in the United States have been characterized by an ongoing tension between assimilation to the broader culture, typically reflected by mainline Protestant churches, and defiant rejection of cultural incursions, as witnessed by more sectarian movements such as Mormonism and Hassidism. But legal theorist and theologian Cathleen Kaveny contends that religious traditions do not need to swim in either the Current of Openness or the Current of Identity. There is a third possibility, which she calls the Current of Engagement, (...) which accommodates and respects tradition but which recognizes the need to interact with culture to remain relevant and to offer a prophetic critique of social and political and legal and economic practice. In fifty-six brief articles Kaveny illustrates the implications of the Current of Engagement in American public life. The articles are organized into five chapters or sections: Law as Teacher; Religious Liberty and its Limits; Conversations about Culture; Conversations about Belief; and Cases and Controversies. Kaveny provides astonishing insights into a range of hot-button issues: abortion, assisted suicide, government-sponsored torture, contraception, the Ashley Treatment, capital punishment, and the role of religious faith in a pluralistic society. (shrink)

This book addresses the retributive and "orthodox subjectivist" theories that dominate criminal justice theory alongside recent "revisionist" and "postmodern" approaches. Norrie argues that all these approaches, together with their faults and contradictions, stem from their orientation to themes in Kantian moral philosophy. He explores an alternative relational or dialectical approach; examines the work of Ashworth, Duff, Fletcher, Moore, Smith, and Williams; and considers key doctrinal issues.

In response to the challenges presented by violence, war, and capital punishment, For the Life of the World: Toward a Social Ethos of the Orthodox Church argues that foundational liturgical, canonical, and spiritual resources invite the Church to manifest a foretaste of the fullness of God’s peace amidst the brokenness of a world that remains tragically inclined toward taking the lives of those who bear the divine image and likeness. It also summons the Church to engage people and (...) power structures toward the end of enacting practical reforms that ameliorate the underlying causes of violence, a task especially urgent in light of the powerful weapons and technologies employed by governments today. While reflecting distinctive Orthodox sensibilities on the topics it addresses, the document also presents points of commonality with other Christian traditions of theological and moral reflection, especially concerning the obligation to take realistic initiatives in peacemaking. (shrink)

When engaging in a philosophical analysis of body and corporeality in a political context, it is essential to ask to what extent, under what circumstances, and in accordance with what moral norms the state performs actions that have the bodies and lives of citizens as their object. This issue was already discussed in ancient philosophy, examples of which can be found in the writings of Plato and Aristotle, but also in ancient jurisprudence, especially in the law and the legal (...) doctrine of ancient Rome. Aware of such a previous history of studies on this topic, this analysis will discuss the three main ways in which state power over the life and health of citizens is manifested. Namely: (i) capital punishment (ii) policing and (iii) warfare. In addition, it will be indicated, based on Thomistic philosophy, what moral norms govern these state actions. The fundamental differences between the three main state powers — judicial, police, and military — will also be shown in the context of lethal actions undertaken on their basis. (shrink)

This chapter contains sections titled: The Difference between Morality and Legality Retribution and the Death Penalty Consenting to Capital Punishment Determining the “Inner Wickedness” of the Accused The Fallibility of Justice Capital Punishment Cannot Be Categorically Demanded of Us A Moral Assessment of the Supposed Duty to Kill Do These Objections Rule Out All Punishments? Whose Dignity Is at Stake?

Over the past several years, the most widely publicized issue in capital litigation has been the constitutional status of states’ lethal injection protocols. Death row inmates have not challenged the constitutionality of lethal injection itself, but rather execution protocols and their potential for maladministration. The inmates’ concern is due to the three-drug protocol used in the vast majority of capital jurisdictions: if the anesthetic, which is administered first, is ineffectively delivered, then the second and third drugs — the (...) paralytic and heartbeat-ceasing agents — will cause torturous pain and suffering in violation of the Eight Amendment. Inmates have argued that the participation of anesthesiologists or other highly trained medical professionals is constitutionally required to minimize the risk of unnecessary suffering. This litigation, in conjunction with evidence that some executed inmates suffered torturous pain, has reinvigorated the ethical debate about physician participation in executions. Even though the United States Supreme Court has signaled that physician participation is not constitutionally required, lawmakers in death penalty states must consider the ethics of physician involvement. (shrink)

One in the series New Dialogues in Philosophy, edited by the author himself, Dale Jacquette presents a fictional dialogue over a three-day period on the ethical complexities of capital punishment. Jacquette moves his readers from outlining basic issues in matters of life and death, to questions of justice and compassion, with a concluding dialogue on the conditional and unconditional right to life. Jacquette's characters talk plainly and thoughtfully about the death penalty, and readers are left to determine (...) for themselves how best to think about the morality of putting people to death. (shrink)

One in the series New Dialogues in Philosophy, edited by the author himself, Dale Jacquette presents a fictional dialogue over a three-day period on the ethical complexities of capital punishment. Jacquette moves his readers from outlining basic issues in matters of life and death, to questions of justice and compassion, with a concluding dialogue on the conditional and unconditional right to life. Jacquette's characters talk plainly and thoughtfully about the death penalty, and readers are left to determine (...) for themselves how best to think about the morality of putting people to death. (shrink)

Reprint of a chapter first published in _African Philosophy and the Future of Africa_ (2011).

Forgiveness as a positive response to wrongdoing is a widespread phenomenon that plays a role in the moral lives of most persons. Surprisingly, Kant has very little to say on the matter. Although Kant dedicates considerable space to discussing punishment, wrongdoing and grace, he addresses the issues of human forgiveness directly only in some short passages in the Lectures on Ethics and in one passage of the Metaphysics of Morals. As noted by Sussman, the TL passage, however, betrays (...) some ambivalence. Kant establishes a duty of virtue to be forgiving (TL, 6:460), yet he immediately warns against its excess: meek toleration of recurrent wrongs could manifest a lack of self-respect and a violation of a duty to oneself (TL, 6:461). Sussman claims that this ambivalence ultimately arises from the fact that forgiveness sits uncomfortably in Kant’s moral thought. First, forgiveness has an ‘ineluctably elective aspect’ that makes it, to a certain extent, arbitrary and dependent on particular features of the forgiver’s psychology and, as such, in tension with Kant’s central claims that human beings are autonomous agents capable of determining their own moral status. Second, according to Sussman, Kant’s moral retributivism, i.e. ‘the particular moral position that every moral wrong against another deserves punishment of the wrongdoer’ seems to be in tension with the possibility of a ‘truly redemptive forgiveness’. Moreover, forgiveness also seems to be in tension with a passage of the Religion in which Kant argues that the moral guilt from our original evil disposition cannot be understood as a debt or liability that can be compensated, erased, transferred or otherwise wiped out by others (Rel, 6:72). Thus, to the extent that forgiveness might be thought to involve the forgoing of moral guilt, it seems incompatible with Kant’s views on culpability and punishment. This chapter seeks to clarify Kant’s views on forgiveness in order to show that, although not often appreciated, personal forgiveness plays an important role in the lives of ordinary human agents as understood by Kant. In particular, I aim to show there is a conception of forgiveness available to Kant that is not incompatible with Kant’s views of punishment and culpability. In Section 1, I argue that, for Kant, far from being merely ‘elective,’ forgiveness is, under certain conditions, morally required. I provide a brief summary of an interpretation of Kant’s theory of forgiveness that I have defended in recently published work , in order to argue that Kant’s duty to be forgiving should be understood as an imperfect duty of virtue which is conditional on repentance. Kant is not ambivalent about this duty because he maintains that when the relevant conditions are not met, we have a perfect duty to ourselves not to forgive unrepentant wrongdoers. The TL passage thus identifies two different duties. In Section 2, I show that forgiveness, as conceptualised by Kant, does not require the forgoing of punishment or the overcoming of moral guilt and that this could, in fact, be seen as an attractive feature of Kant’s position. I end by offering a very brief assessment of Kant’s views. (shrink)

Collects ten essays on Germain Grisez's writings. Topics include the scriptural basis of Grisez's revision of moral theology, contraception, Grisez's metaphysical work, capital punishment, and the political common good in Aquinas. The book includes a response by Grisez and Joseph Boyle, Jr. to the e.

In order to show that opposition to capital punishment cannot be both moral and entirely unconditional, Hugo Bedau proposes a fantasy–world scenario in which the execution of a murderer restores his murder victim to life. Were such a world to exist, argues Bedau, the death penalty would then be morally right. The aim of this article is to show that Bedau's argument is mistaken, largely because capital punishment in his fantasy world would not be an (...) instrument of perfect restitution, as he thinks, but instead would be an instrument of unfair restitution. Two attempts are made to repair Bedau's fantasy–world argument, but neither of them is found to be successful. Consequently his fantasy world does not successfully provide the conditions under which opposition to capital punishment morally would have to cease. However, because capital punishment is morally wrong in his fantasy world it does not follow that it is morally wrong in this world. (shrink)

In the aftermath of the financial crisis, and regular corporate scandals, there has been a growing concern with the moral and ethical foundations of business. Often these concerns are limited to narrow accounts of governance codes, regulatory procedures or behaviour incentives, which are often characterized by neo-liberal bias underpinned by western masculine logics. This book challenges these limited accounts of ethics and responsibility. It looks at the writing of Gayatri C. Spivak who takes globally networked markets, people, and (...) ideas and provides tools to rethink subjectivity, ethics, and corporate governance. Eschewing strict hierarchical notions of authority and identity, Spivak's work invites us to consider who speaks for whom and for what in organizational contexts. Relationality is also to be found in the radical politics and feminist ethics of Judith Butler who continues to draw on and develop her account of performativity to interpret contemporary organizations, management and work. While popular accounts of corporate ethics often concern themselves with the aims and actions of those at the top of organisations, Lauren Berlant focuses on the struggles of those at the bottom of the new social structures created by contemporary forms of capital. Finally, the book also considers ecological challenges through the work of Val Plumwood, who spent a lifetime considering the threats and responsibilities we face in environmental terms, and developed a feminist ecological philosophy for understanding social and species differences. This book will be relevant to students and researchers across business and management, organizational studies, critical management studies, gender studies and sociology. (shrink)

Matthew Kramer’s The Ethics of Capital Punishment: A Philosophical Investigation of Evil and its Consequences explores the morality of capital punishment and develops his own “purgative rationale” in support of the practice. I present my objections to Kramer’s purgative rationale and trace our disagreement to differences over the nature of evil, the autonomy of human character formation, and the concept of defilement.

This article analyses and assesses the arguments opposing capital punishment put forward by Ján Kollár, a representative of Central European Evangelical/Lutheran Enlightenment rationalism, using the definition of criminal practice in Europe at the turn of the nineteenth century as the basis. Consequently, the author pays attention to the movement for reform in criminal law and practices, initiated in Europe in the second half of the eighteenth century by Cesare Beccaria, including his argumentation against capital punishment. In (...) this context, the author presents and investigates 13 arguments against capital punishment defined by Kollár in his 1815 diary. The author came to the conclusion that Kollár, in his arguments against capital punishment, followed, to a certain extent, the views of Beccaria and eighteenth -century adherents of the French Enlightenment; however, Kollár’s actual argumentation is rationalistically based on ethical values of humanity and justice with significant space also dedicated to utilitarian aspects of rejecting capital punishment adopted from reformists of criminal law. (shrink)

In Punishment and the History of Political Philosophy, Arthur Shuster offers an insightful study of punishment in the works of Plato, Hobbes, Montesquieu, Beccaria, Kant, and Foucault.

This introductory textbook presents Christian philosophical and theological approaches to ethics. Combining their expertise in philosophy and theology, the authors explain the beliefs, values, and practices of various Christian ethical viewpoints, addressing biblical teachings as well as traditional ethical theories that contribute to informed moral decision-making. Each chapter begins with Words to Watch and includes a relevant case study on a vexing ethical issue, such as caring for the environment, human sexuality, abortion, capital punishment, (...) war, and euthanasia. End-of-chapter reflection questions, illustrations, and additional information tables are also included. (shrink)

The American death penalty is peculiar insofar as it is the only capital punishment system still in use in the West. It is peculiar insofar as the forms through which it is now enacted seem ambivalent and poorly adapted to the stated purposes of criminal justice. And it is peculiar insofar as it seems, somehow, to be connected to the South's ?peculiar institution? of slavery and its legacy of racial violence, though the precise relationship is by no means (...) clear. ? The aim of this book ? is to describe and explain the peculiar institution of American capital punishment in all its complex, controversial detail and to explore its relationship to the society that sustains it. ? The perspective pursued here develops a detailed description of death penalty practices and an explanatory account of their sources, uses, and meanings. In place of moral and legal argument, it provides historical and sociological analysis. Instead of discussing capital punishment in general it analyzes American capital punishment in particular. And rather than argue for the institution's reform or its retention, it describes exactly how it came to be retained and reformed in its present form. What is offered here, in short, is neither apology nor critique but a sociological history of an institution that forms a puzzling part of our present. (shrink)

The article considers the issues of modern German political philosophy in accordance with its formation, institutionalization and development. Germany’s political philosophy is analyzed in terms of its interaction with social and practical philosophy. The text states that political philoso- phy belongs to both social philosophy and political science. As a political theory, it is a compo- nent of social theories institutionalized in the modern era. As a political philosophy, it appears as a metatheory of political theory. Political philosophy is also (...) part of practical philosophy, exploring the problems of interaction between ethics and politics and the moral reclamation of the political system of modern society. These issues are themed in the context of the institution- alization of this discipline in the early twentieth century, its transformation into a political reli- gion during National Socialism, the revival after World War II, as well as actualization in such areas of socio-humanitarian sciences as discourse philosophy, functional-system theory of so- ciety, etc. according to the political situation of modern Germany. (shrink)

Wrongdoing and the Moral Emotions provides an account of how we might effectively address wrongdoing given challenges to the legitimacy of anger and retribution that arise from ethical considerations and from concerns about free will. The issue is introduced in Chapter 1. Chapter 2 asks how we might conceive of blame without retribution, and proposes an account of blame as moral protest, whose function is to secure forward-looking goals such as the moral reform of the wrongdoer (...) and reconciliation in relationships. Chapter 3 considers whether it's possible to justify effectively dealing those who pose dangerous threats if they do not deserve to be harmed, and contends that wrongfully posing a threat is the core condition for the legitimacy of defensive harming. Chapter 4 provides an account of how to treat criminals without a retributive justification for punishment, and argues for an account in which the right of self-defense provides justification for measures such as preventative detention. Chapter 5 considers how we might forgive if wrongdoers don't basically deserve the pain of being resented, which forgiveness would then renounce, and proposes that forgiveness be conceived instead as renunciation of the stance of moral protest. Chapter 6 considers how personal relationships might function without retributive anger having a role in responding to wrongdoing, and contends that the stance of moral protest, supplemented with non-retributive emotions, is sufficient. Chapter 7 surveys the options for theistic and atheistic attitudes regarding the fate of humanity in a deterministic universe, and defends an impartial hope for humanity. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Moral Traditions: An Introduction to World Religious Ethics, and: Understanding Religious Ethics, and: Moral Struggle and Religious Ethics: On the Person as Classic in Comparative Theological ContextsBrian D. BerryMoral Traditions: An Introduction to World Religious Ethics Mari Rapela Heidt Winona, Minn.: Anselm Academic, 2010. 138 pp. $22.95.Understanding Religious Ethics Charles Mathewes Malden, Mass.: Wiley-Blackwell, 2010. 277 pp. $41.95.Moral Struggle and Religious Ethics: On the Person (...) as Classic in Comparative Theological Contexts David A. Clairmont Malden, Mass.: Wiley-Blackwell, 2011. 245 pp. $99.95These three texts each make significant contributions to comparative religious ethics, a relatively recent discipline that reflects the rise of religious pluralism and globalization. Taken together, these books raise questions about what comparative religious ethics is, how it should be done, and why it should be done. What makes comparative religious ethics “comparative” and to what extent can comparative religious ethics be made genuinely “theological”?Mari Rapela Heidt, who holds a PhD in theological ethics from Marquette University and currently lectures in the religious studies department at the University of Dayton, has written a well-organized and highly accessible introduction to the ethics of the world religions for beginning undergraduate students. Each of the main chapters in her book surveys a major world religion (Hinduism, Buddhism, Judaism, Christianity, Islam, and the Chinese moral tradition) through four lenses: a brief review of the tradition; the moral world of the religion; values, principles, or virtues in the tradition; and the religious tradition on a particular moral issue (e.g., Hinduism on abortion, Buddhism on wealth and poverty, Judaism on the environment, Christianity on war and peace, Islam on men and women, and China’s one-child [End Page 202] policy). The book also includes opening chapters that introduce students to the study of ethics and religious ethics; a final chapter on additional religious moral traditions (Sikhism, Jainism, Bahá’í, and Shinto); sidebars highlighting major religious figures, texts, or events (e.g., Gandhi, Thich Nhat Hanh, Elie Wiesel, the Charter of Medina, and the Cultural Revolution); and discussion questions, bibliography (including visual media), footnotes, a glossary, and an index.Although this book briefly discusses the discipline of comparative religious ethics and some of its descriptive and conceptual methods in its opening chapters, its broad scope and concise treatment mean that the actual task of comparing the similarities and differences in the ethics of the world religions is kept to a minimum. The few detailed comparisons that are made focus largely on Hindu, Buddhist, and Christian understandings of the concepts of reincarnation (29, 34, 64), dharma (18–19, 23–24, 34–35, 64), karma (18–19, 21–23, 35–36, 64), and ahimsa (25–27, 38, 70–71). While the main chapters are organized in a way that facilitates comparison, and discussion questions are included that invite students to observe similarities and differences, the book would be strengthened by giving greater attention to comparison throughout and adding a concluding chapter that summarizes its comparative content. It ends somewhat abruptly with a discussion of the Shinto moral tradition.Charles Mathewes, associate professor of religious studies at the University of Virginia, has written a book that, while limited to Judaism, Christianity, and Islam, achieves much greater comparative sophistication. The text is based on a course he has taught for more than ten years called “Religious Ethics and Moral Problems,” and it bears the marks of a seasoned teacher whose primary audience is advanced undergraduate students, both religious and secular. Mathewes writes from a Protestant Christian perspective “having a strong apocalyptic dimension which is focused on the next life,” acknowledging that Roman Catholics and Eastern Orthodox may find his views “odd or confused” (53). Part 1 discusses the relationship between God and morality and provides an overview of the ethics of each of the three Abrahamic religions. Parts 2 and 3 then examine not only the moral positions but “the arguments animating the traditions” (3) on a wide range of personal and social matters (e.g., friendship, sexuality, marriage and family, lying, forgiveness, capital punishment, war, and the environment). Part 4 turns to the even more ordinary topics of labor, leisure, and life and the more... (shrink)

Much existing economic theory overlooks ethics. Rather than situating the market and values at separate extremes of a continuum, Ethics and the Market contends that the two are necessarily and intimately related. This volume brings together some of the best work in the social economics tradition, with contributions on the social economy, social capital, identity, ethnicity and development, the household, externalities, international finance, capability, and pedagogy. Proceeding from an examination of the moral implications of markets, the book goes (...) on to explore such themes as the institutional arrangements of social economies, individual and household decision-making, and economic development in a global context. Ethics and the Market illuminates the diverse and dynamic theoretical approaches that are employed in social economics, reflecting on their continuously evolving relationship with neoclassical economics. This book will prove vital reading for students and academics in the fields of Economics, Sociology, Gender Studies, and Public Policy. (shrink)

Punishment as part of modern criminal law theory -- General purposes of punishment -- General considerations of punishment -- General structure of doctrinal sentencing -- Physical punishments -- Economic punishments.

Publisher's description: Brings together classic articles written by leading international figures in the field. Each volume is organized thematically with a general introduction to provide and accessible overview of the latest research. The essays selected for inclusion are seminal works and the series constitutes an invaluable reference resource for libraries, students, researchers and practitioners.

This book offers a critical examination of those theories and advances a new argument for punishment's justification, calling it the 'duty view'.

Art has not always had the same salience in philosophical discussions of ethics that many other elements of our lives have. There are well-defined areas of "applied ethics" corresponding to nature, business, health care, war, punishment, animals, and more, but there is no recognized research program in "applied ethics of the arts" or "art ethics." Art often seems to belong to its own sphere of value, separate from morality. The first questions we ask about art are usually not about (...) its moral rightness or virtue, but about its beauty or originality. However, it is impossible to do any serious thinking about the arts without engaging in ethical questions. (shrink)

Art has not always had the same salience in philosophical discussions of ethics that many other elements of our lives have. There are well-defined areas of "applied ethics" corresponding to nature, business, health care, war, punishment, animals, and more, but there is no recognized research program in "applied ethics of the arts" or "art ethics." Art often seems to belong to its own sphere of value, separate from morality. The first questions we ask about art are usually not about (...) its moral rightness or virtue, but about its beauty or originality. However, it is impossible to do any serious thinking about the arts without engaging in ethical questions. (shrink)

Public goods, as well as commercial commodities, are affected by exclusive arrangements secured by intellectual property (IP) rights. These rights serve as an incentive to invest human and material capital in research and development. Particularly in the life sciences, IP rights regulate objects such as food and medicines that are key to securing human rights, especially the right to adequate food and the right to health. Consequently, IP serves private (economic) and public interests. Part of this charge claims that (...) the current IP regime is privatizing the very building blocks of research and development – that used to be part of the commons. The public domain, in contrast to the private domain, may be the locus of much more diverse forms of creativity that at the same time ensures a wider plurality of productive traditions. An IP regime must support a sense of public morality because it is dependent upon civil support. This inevitably prompts questions of what are “good” exclusive rights and what are “bad” exclusive rights, and how shall such IP rights be developed. We argue that the democratization of the current IP regimes is an important first step to respond to these issues. (shrink)

Human morality may be thought of as a negative feedback cotrol system in which moral rules are reference values, and moral disapproval, blame, and punishment are forms of negative feedback given for violations of the moral rules. In such a system, if moral agents held each other accountable, moral norms would be enforced effectively. However, even a properly functioning social negative feedback system could not explain acts in which individual agents uphold moral rules (...) in the face of contrary social pressure. Dr. Frances Kelsey, who withheld FDA approval for thalidomide against intense social pressure, is an example of the degree of individual moral autonomy possible in a hostile environment. Such extreme moral autonomy is possible only if there is internal, psychological negative feedback, in addition to external, social feedback. Such a cybernetic model of morality and moral autonomy is consistent with certain aspects of classical ethical theories. (shrink)

In Morality and Ethics of War, which includes a foreword by Major General Susan Coyle, ethicist Deane-Peter Baker goes beyond existing treatments of military ethics to address a fundamental problem: the yawning gap that exists between the diverse moral frameworks defining personal identity in a multicultural society on the one hand, and the professional military ethic on the other. Baker argues that overcoming this chasm is essential to minimising the ethical risks that can lead to operational and strategic (...) failure for military forces engaged in today's complex conflict environment. He contends that spanning the gap is vital in preventing moral injury from befalling the nation's uniformed servants. Drawing on a revised account of what he calls 'the Just War Continuum', Baker develops a bridging framework that combines conceptual clarity and rigour with insights from cutting edge psychological research and creates a practical means for military leaders to negotiate the moral chasm in military affairs. (shrink)