54 found
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  1. Conscience and Conviction: The Case for Civil Disobedience.Kimberley Brownlee - 2012 - Oxford University Press UK.
    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 (...)
  2. Civil disobedience.Kimberley Brownlee & Candice Delmas - 2021 - Stanford Encyclopedia of Philosophy.
  3.  34
    Being Sure of Each Other: An Essay on Social Rights and Freedoms.Kimberley Brownlee - 2020 - Oxford University Press.
    Brownlee rethinks human rights theory to reflect the fact that we are deeply social creatures. Our core social needs, for meaningful social inclusion, are more important than, and essential to, our civil, political, and economic needs. This grounds a right against social deprivation and a right to the resources to sustain other people.
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  4. What a Home Does.David Jenkins & Kimberley Brownlee - 2022 - Law and Philosophy 41 (4):441-468.
    Analytic philosophy has largely neglected the topic of homelessness. The few notable exceptions, including work by Jeremy Waldron and Christopher Essert, focus on our interests in shelter, housing, and property rights, but ignore the key social functions that a home performs as a place in which we are welcomed, accepted, and respected. This paper identifies a ladder of home-related concepts which begins with the minimal notion of temporary shelter, then moves to persistent shelter and housing, and finally to the rich (...)
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  5. A Human Right Against Social Deprivation.Kimberley Brownlee - 2013 - 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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  6. The civil disobedience of Edward Snowden: A reply to William Scheuerman.Kimberley Brownlee - 2016 - Philosophy and Social Criticism 42 (10):965-970.
    This article responds to William Scheuerman’s analysis of Edward Snowden as someone whose acts fit within John Rawls’ account of civil disobedience understood as a public, non-violent, conscientious breach of law performed with overall fidelity to law and a willingness to accept punishment. It rejects the narrow Rawlsian notion in favour of a broader notion of civil disobedience understood as a constrained, conscientious and communicative breach of law that demonstrates opposition to law or policy and a desire for lasting change. (...)
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  7. Ethical Dilemmas of Sociability.Kimberley Brownlee - 2016 - Utilitas 28 (1):54-72.
    There is a tension between our need for associative control and our need for social connections. This tension creates ethical dilemmas that we can call each-we dilemmas of sociability. To resolve these dilemmas, we must prioritize either negative moral rights to dissociate or positive moral rights to social inclusion. This article shows that we must prioritize positive social rights. This has implications both for personal morality and for political theory. As persons, we must attend to each other's basic social needs. (...)
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  8. Features of a paradigm case of civil disobedience.Kimberley Brownlee - 2004 - 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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  9.  44
    Two Tales of Civil Disobedience: A Reply to David Lefkowitz.Kimberley Brownlee - 2018 - Res Publica 24 (3):291-296.
  10.  94
    I- The Lonely Heart Breaks: On the Right to Be a Social Contributor.Kimberley Brownlee - 2016 - Aristotelian Society Supplementary Volume 90 (1):27-48.
    This paper uncovers a distinctively social type of injustice that lies in the kinds of wrongs we can do to each other specifically as social beings. In this paper, social injustice is not principally about unfair distributions of socio-economic goods among citizens. Instead, it is about the ways we can violate each other’s fundamental rights to lead socially integrated lives in close proximity and relationship with other people. This paper homes in on a particular type of social injustice, which we (...)
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  11.  47
    Acting Defensively for the Sake of Our Attacker.Kimberley Brownlee - 2019 - Journal of Moral Philosophy 16 (2):105-130.
    Despite worries about paternalism, when we are unjustifiably attacked, we are morally warranted, and sometimes required, to act in self-defense for the sake of our attacker to prevent him from committing this morally defiling act. Similarly, when a third party is unjustifiably attacked and we can assist without undue cost, we are morally warranted, and sometimes required, to act in third-party defense for the sake of the attacker as well as the victim, to prevent the attacker from committing this morally (...)
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  12. The communicative aspects of civil disobedience and lawful punishment.Kimberley Brownlee - 2007 - 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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  13. Disability and Disadvantage.Kimberley Brownlee & Adam Cureton (eds.) - 2009 - Oxford, GB: 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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  14. Moral aspirations and ideals.Kimberley Brownlee - 2010 - 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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  15. Penalizing public disobedience.Kimberley Brownlee - 2008 - Ethics 118 (4):711-716.
  16. Social deprivation and criminal justice.Kimberley Brownlee - 2012 - 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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  17. Reasons and ideals.Kimberley Brownlee - 2010 - 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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  18.  25
    On the Ethics of Interacting.Kimberley Brownlee - forthcoming - Journal of Applied Philosophy.
    Ordinary interactions are the primary vehicle through which we show respect, give social pleasure, and grease the wheels of healthy sociality. When we do an interactional wrong to someone, we not only convey disrespect by disregarding their interactional needs, but also cause them social pain and erode healthy social relations. Interactional ethics – the study of the ethics of interacting – concerns both our conduct within our interactions and our broader interactional style. The existing philosophical literature in this area has (...)
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  19.  36
    Can the law help us to be moral?Kimberley Brownlee & Richard Child - 2018 - Jurisprudence 9 (1):31-46.
    The moral value of law can take many forms. It is instrumentally valuable when it coordinates interaction, provides moral advice and leadership, models the virtues, and motivates us to be moral. It is intrinsically valuable when it constitutes the collective moral conscience of citizens, embodies an ideal form of communal life, and expresses the moral integrity of the community. We analyse all of these potential values of law and assess their moral significance. In doing so, we are careful to distinguish (...)
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  20.  20
    The Offender's Part in the Dialogue.Kimberley Brownlee - 2011 - In Rowan Cruft, Matthew H. Kramer & Mark R. Reiff (eds.), Crime, Punishment, and Responsibility: The Jurisprudence of Antony Duff. Oxford University Press. pp. 54.
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  21.  14
    Freedom of Association: It's Not What You Think.Kimberley Brownlee - 2015 - Oxford Journal of Legal Studies 35 (2):267-282.
    This article shows that associative freedom is not what we tend to think it is. Contrary to standard liberal thinking, it is neither a general moral permission to choose the society most acceptable to us nor a content-insensitive claim-right akin to the other personal freedoms with which it is usually lumped such as freedom of expression and freedom of religion. It is at most (i) a highly restricted moral permission to associate subject to constraints of consent, necessity and burdensomeness; (ii) (...)
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  22.  11
    Freedom of Association.Kimberley Brownlee - 2016 - In Kasper Lippert‐Rasmussen, Kimberley Brownlee & David Coady (eds.), A Companion to Applied Philosophy. Chichester, UK: Wiley. pp. 356–369.
    This chapter explores the contours of our freedoms to enter into and leave particular associations with particular people. The chapter highlights the fact that often our associations with each other are morally complex and, indeed, morally wrong. This moral complexity stems partly from the fact that associations are necessarily intersubjective: they affect the social needs, claims, and freedoms of at least two people. When our associations are morally wrong, we must determine whether they can be protected nonetheless by our sphere (...)
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  23. Punishment.Christopher Bennett & Kimberley Brownlee - 2020 - In John Tasioulas (ed.), The Cambridge Companion to the Philosophy of Law. New York, NY, USA: Cambridge University Press.
     
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  24.  54
    What’s virtuous about the law?Kimberley Brownlee - 2015 - Legal Theory 21 (1):1-17.
    Debates about our moral relation to the law typically focus on the moral force of law. Often, the question asked is: Do we have a moral duty to follow the law? Recently, that question has been given a virtue-ethical formulation: Is there a virtue in abiding by the law? This paper considers our moral relation to the law in terms of virtue but focuses on a different question from the traditional ones. The question here is: Can the law model virtue (...)
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  25.  26
    The Human Right to Adequate Social Inclusion: A Reply to Critics.Kimberley Brownlee - 2023 - Criminal Law and Philosophy 17 (2):491-506.
    This Reply offers my answers to Cheshire Calhoun’s, Elizabeth Brake’s, and Monika Betzler’s wonderful contributions to the Criminal Law and Philosophy symposium on Being Sure of Each Other (2020). Their contributions focus respectively on the conceptual and normative foundations of my defence of our human rights to have adequate social inclusion, the harms that might flow from recognising such rights as human rights, and the impact such rights can have on our most intimate relations. My replies aim both to clarify (...)
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  26. Normative Principles and Practical Ethics: A Response to O’Neill.Kimberley Brownlee - 2009 - 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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  27.  50
    Reply to Critics.Kimberley Brownlee - 2016 - Criminal Law and Philosophy 10 (4):721-739.
    This article responds to the four contributors to the book symposium on Conscience and Conviction: The Case for Civil Disobedience. Those four contributors are Thomas Hill Jr, David Lefkowitz, William Smith, and Daniel Weinstock. Hill examines the concepts of conviction and conscience ; Smith discusses conviction and then analyses the right to civil disobedience and my humanistic arguments for it ; Weinstock explores democratic challenges for civil disobedience ; and Lefkowitz assesses the merits of a legal demands-of-conviction excuse for civil (...)
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  28. Do we have a human right to the political determinants of health?Kimberley Brownlee - 2015 - In Rowan Cruft, S. Matthew Liao & Massimo Renzo (eds.), Philosophical Foundations of Human Rights. Oxford University Press UK.
     
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  29.  22
    On Gardner on Law in General.Kimberley Brownlee - 2015 - Jurisprudence 6 (3):567-573.
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  30.  49
    The Competent Judge Problem.Kimberley Brownlee - 2015 - Ratio 29 (3):312-326.
    We face an epistemic problem in competently judging some types of experience. The problem arises when an experience either defies our efforts to assess its quality, such as a traumatic event, or compromises our abilities to assess quality in general, such as starvation. In the latter type of case, the competent judge problem is actually a paradox since the experience undermines our competence to judge at the same time that it gives us competence to judge it against other experiences. The (...)
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  31.  2
    Civil Disobedience.Kimberley Brownlee - 2014 - In Edward N. Zalta (ed.), The Stanford Encyclopedia of Philosophy. Stanford, CA: The Metaphysics Research Lab.
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  32. An Examination of Moral Theory and Personal Relationships.Kimberley Brownlee - 2001 - Prolegomena.
     
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  33.  34
    Being Social: The Philosophy of Social Human Rights.Kimberley Brownlee, Adam Neal & David Jenkins (eds.) - 2022 - Oxford University Press.
    This pioneering collection of original essays aims to remedy the neglect of social needs and rights in human rights theory and practice by exploring the social dimensions of the human-rights minimum.
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  34.  71
    Distant Strangers: Ethics, Psychology, and Global Poverty.Kimberley Brownlee - 2016 - Philosophical Quarterly 66 (262):172–175.
  35.  44
    Digging Up, Dismantling, and Redesigning the Criminal Law.Kimberley Brownlee - 2013 - 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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  36.  68
    Introduction.Kimberley Brownlee & Zofia Stemplowska - 2010 - Ethics 120 (2):209-211.
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  37. Legal obligation as a duty of deference.Kimberley Brownlee - 2008 - 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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  38.  76
    Obedience, conformity, and deference.Kimberley Brownlee - 2004 - Res Publica 10 (3):267-274.
  39. Protest and punishment : the dialogue between civil disobedients and the law.Kimberley Brownlee - 2007 - In Michael D. A. Freeman & Ross Harrison (eds.), Law and Philosophy. Oxford University Press.
     
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  40.  13
    Professional Ethics and Criminal Law.Kimberley Brownlee - 2019 - Law, Ethics and Philosophy 7.
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  41.  72
    Responsibilities of criminal justice officials.Kimberley Brownlee - 2010 - 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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  42.  70
    Retributive, Restorative and Ritualistic Justice.Kimberley Brownlee - 2010 - 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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  43.  81
    Serena Olsaretti , Desert and Justice , pp. xi + 269.Kimberley Brownlee - 2006 - Utilitas 18 (4):449.
  44.  14
    A Companion to Applied Philosophy.Kasper Lippert-Rasmussen, Kimberley Brownlee & David Coady (eds.) - 2016 - Malden, MA: Wiley.
    Applied philosophy has been a growing area of research for the last 40 years. Until now, however, almost all of this research has been centered around the field of ethics. A Companion to Applied Philosophy breaks new ground, demonstrating that all areasof philosophy, including epistemology, metaphysics, philosophy of science, and philosophy of mind, can be applied, and are relevant to questions of everyday life. This perennial topic in philosophy provides an overview of these various applied philosophy developments, highlighting similarities and (...)
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  45.  23
    Review of Joseph Raz and Ulrike Heuer: The Roots of Normativity[REVIEW]Kimberley Brownlee - 2023 - Ethics 134 (1):168-172.
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  46. 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]William J. FitzPatrick, Cheryl Misak, Mark Greene, Daniel Statman, Brian Barry & Kimberley Brownlee - 2008 - Ethics 118 (4).
     
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  47.  36
    Book ReviewsJohn Gardner,. Offences and Defences: Selected Essays in the Philosophy of Criminal Law.Oxford: Oxford University Press, 2007. Pp. xiv+288. $151.50 ; $55.00. [REVIEW]Kimberley Brownlee - 2009 - Ethics 119 (3):561-566.
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  48.  37
    Christopher Heath Wellman, Rights Forfeiture and Punishment. [REVIEW]Kimberley Brownlee - 2018 - Ethics 129 (1):158-164.
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  49.  7
    Hugh LaFollette (ed.): The Oxford Handbook of Practical Ethics. (Series: Oxford Handbooks in Philosophy). Oxford: Oxford University Press 2003, ISBN 0-19-824105-4; £ 75.00, EUR 114,90 (Hardback); 790 pages. [REVIEW]Kimberley Brownlee - 2006 - History of Philosophy & Logical Analysis 9 (1):252-254.
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  50.  16
    Review of C. A. J. Coady, Messy Morality: The Challenge of Politics[REVIEW]Kimberley Brownlee - 2009 - Notre Dame Philosophical Reviews 2009 (6).
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