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.

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)

On the powerful qualities view, every fundamental property is both dispositional and qualitative. Identity theory is the standard account of the view, which makes the stronger claim that a property’s dispositionality and qualitativity are identical to each other, and identical to the property itself. Recent defences of the powerful qualities view have involved novel theories of powerful qualities which are not also variants of identity theory. Giannotti (Erkenntnis 86:603–621, 2021a) has suggested a novel theory of his own, the dual aspect (...) account, which makes use of a particular notion of aspects. For Giannotti, dispositionality and qualitativity are each an aspect of a property, and an aspect is a property’s way of being. The importance of aspects is twofold. Firstly, by introducing aspects to identity theory, the theory becomes more precise. Secondly, aspects allow for a novel theory of powerful qualities, the dual aspect account, which maintains that dispositionality and qualitativity are aspects, but rejects the identity claim. Giannotti’s aim is to show that even if identity theory is false, the dual aspect account remains an available theory for advocates of powerful qualities. This paper will be a critical examination of Giannotti’s ideas. Firstly, I will clarify Giannotti’s notion of aspects, explaining how it involves a misunderstanding of supervenience, and why it does not offer the advantages that he claims it does. Secondly, in light of my discussion of aspects, I will argue that the dual aspect account lacks relative advantages over the compound view of powerful qualities. (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)

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 ...

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.

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)

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)

Punishment of offenders is one of the most universal features of human behavior. Across time and cultures it has been common for people to punish offenders, and one can easily find examples of punishment among ancient hunter-gatherers, in holy scriptures, in popular culture, and in contemporary courts of law. Punishment is not restricted to criminal offenders, but emerges within all spheres of our social life, including corporations, public institutions, traffic, sports matches, schools, parenting, and more. Punishment (...) strongly influences what we think, how we feel, and what we do. The Moral Punishment Instinct asserts that people possess a hard-wired tendency to aggress against those who violate the norms of their group. We have evolved this instinct because of its power to control behavior by curbing selfishness and free-riding, thereby providing incentives to stimulate the mutual cooperation that ancient hunter-gatherers needed in order to survive in challenging natural environments. In this book, Jan-Willem van Prooijen methodically describes how punishment originates from moral emotions, stimulates cooperation, and shapes the social life of human beings. Guided by a host of recognizable and relatable examples, this book illuminates how the moral punishment instinct manifests itself among a variety of modern human cultures, children, tribes of hunter-gatherers, and even non-human animals-all while accounting for the role of this instinct in religion, war, racial bias, restorative justice, gossip, torture, and radical terrorism. (shrink)

In this book, Kate Ward addresses the issue of inequality from the perspective of Christian virtue ethics. Her unique contribution is to argue that moral luck, our individual life circumstances, affects one's ability to pursue virtue. She argues that economic status functions as moral luck and impedes the ability of both the wealthy and the impoverished to pursue virtues such as prudence, justice, and temperance. The book presents social science evidence that inequality reduces empathy for others' suffering, and (...) increases violence, fear, and the desire to punish others. For the wealthy, inequality creates "hyperagency" - abundant freedom, power, and choice beyond that enjoyed by other members of society. For the poor, scarcity of time, money, and other important goods can also impair their ability to pursue virtue. Having established the theological harm caused by inequality, Ward then makes the argument that both individual Christians and Christian communities have obligations to address the impact of inequality. As individuals, Christians should pursue what Ward calls encounter, conversion, and contentment. Encounter means genuinely reaching out to the less fortunate and spending enough time to get to know individuals as human beings. For Ward, conversion means informing oneself about the realities of poverty and inequality. Contentment means being satisfied with one's position and not striving for more material wealth. Christian communities, in Ward's view, have obligations to pursue political action, tithing, and aid, and to foster encounters in parishes and educational settings. (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)

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 (...) class='Hi'>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)

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.

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)

In this paper, the results of a pilot interview study with 19 subjects participating in an EEG-based non-invasive brain–computer interface (BCI) research study on stroke rehabilitation and assistive technology and of a survey among 17 BCI professionals are presented and discussed in the light of ethical, legal, and social issues in research with human subjects. Most of the users were content with study participation and felt well informed. Negative aspects reported include the long and cumbersome preparation procedure, discomfort (...) with the cap and the wet electrodes, problems concerning BCI control, and strains during the training sessions. In addition, some users reflected on issues concerning system security. When asked for morally problematic issues in this field of non-invasive BCI research, the BCI professionals stressed the need for correct information transfer, the obligation to avoid unrealistic expectations in study participants, the selection of study participants, benefits and strains of participation, BCI illiteracy, the possibility of detrimental brain modifications induced by BCI use, and problems that may arise at the end of the trials. Furthermore, privacy issues were raised. Based on the results obtained, psychosocial and ethical aspects of EEG-based non-invasive BCI research are discussed and possible implications for future research addressed. (shrink)

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.

Linda Radzick's new book, _The Ethics of Social Punishment_, contains an important discussion of punishment outside the context of the state. By way of celebrating this fine and welcome book, I try to probe some analytical contours concerning punishment seen from the general perspective on which Radzick and I agree. I suggest altogether abandoning the idea that (non-state) punishment needs to be inflicted by an authority. Furthermore, I insist on an account of retributivism that resists the usual (...) accusations of barbarism and bloodthirstiness. (shrink)

Raimo Tuomela’s we-mode groups are partly characterized by norms. Some norms may be characteristic of all we-mode groups like the norm restricting a member’s right to leave the group. Some think that this aspect of Tuomela’s theory has implausible ethical implications concerning the rights and autonomy of members in we-mode groups. That worry vanishes, I argue, on a plausible interpretation of Tuomela’s notion of social normativity and a reasonable precisification of the notion of autonomy in this context. On the (...) other hand, Tuomela’s general silence on the nature of moral normativity makes it unclear how his distinction between social and moral normativity should be drawn more precisely. Is this a difference in kind, or merely a difference in the scope or social basis of the norms in question? I find this worth exploring with the aid of resources available within a broadly Tuomelian framework. Like Jeremy Koons (2019), I believe that Tuomela’s framework could be used to refine Wilfrid Sellars theory of ethical judgments as expressions of we-intentions. My preferred interpretation of Tuomela differs from Koons’ though, and so does the resulting reconstruction of Sellars, which is more Humean than Kantian. (shrink)

The importance of the collective management of immaterial resources is a key variable in the valorisation of products in a post-industrial economy. The purpose of this paper is to analyse how, in post-industrial economies, it is possible to devise alternative forms of mediation between producers and consumers, such as organic farmers' markets, to curb the appropriation of rent by transnational and/or local business elites from the value created by immaterial resources. More specifically, we analyse those aspects of the collective (...) management of ethical values that, in the case of organic farmers' markets, can be a strategic source of competitive advantage for local producers. In this paper, the Ecomercado de Granada is studied as an example of mediation between production and consumption in a post-industrial economy. (shrink)

This book considers coercion within the healing and ethical framework of therapeutic relationships and partnerships at all levels, and addresses the universal ...

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)

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)

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)

Should the idea of economic man-the amoral and self-interested Homo economicus-determine how we expect people to respond to monetary rewards, punishments, and other incentives? Samuel Bowles answers with a resounding "no." Policies that follow from this paradigm, he shows, may "crowd out" ethical and generous motives and thus backfire. But incentives per se are not really the culprit. Bowles shows that crowding out occurs when the message conveyed by fines and rewards is that self-interest is expected, that the employer (...) thinks the workforce is lazy, or that the citizen cannot otherwise be trusted to contribute to the public good. Using historical and recent case studies as well as behavioral experiments, Bowles shows how well-designed incentives can crowd in the civic motives on which good governance depends. (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)

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)

Many of us are inclined to accept something like the following principle: We can only be properly morally assessed for what is in our control. And yet our ordinary practices seem to frequently violate this principle. The resulting tension, and the attempt to resolve it, is the problem of moral luck. For example, we tend to punish and think worse of the negligent driver who kills a child than we do the equally negligent driver who was lucky there was (...) no child in his path. Thus, the lucky outcomes of our actions do seem to affect the extent to which we hold and are held responsible, but these are not things over which we exercise control. And, as Thomas Nagel famously illustrated in his response to Bernard Williams (the two of which papers form the founding documents of the moral luck debate), the influence of luck is not limited to outcomes. For the circumstances in which we find ourselves and, indeed, our very constitution are also shaped by luck. Since the publication of Williams's and Nagel's papers, the existence and breadth of moral luck has been hotly debated. This debate is not a mere intellectual trifle but, as the essays in this volume illustrate, a debate which lies at the heart of free will, responsibility, identity, causation, and self-creation. (shrink)

This thesis studies some philosophical and ethical issues that economic design raises. Chapter 1 gives an overview of economic design and argues that a crossfertilisation between philosophy and economic design is possible and insightful for both sides. Chapter 2 examines the implications of mechanism design for theories of rationality. I show that non-classical theories, such as constrained maximization and team reasoning, are at odds with the constraint of incentive compatibility. This poses a problem for non-classical theories, which proponents of (...) these theories have not addressed to date. Chapter 3 proposes a general epistemology of economic engineering, which is motivated by a novel case study, viz. the reform of a matching market for medical practitioners. My account makes use of causal graphs to explain how models allow encoding counterfactual information about how market outcomes change if the design of the market changes. The second part of the thesis examines ethical issues. In Chapter 4, I apply tools from matching theory to gain insights into the distribution of refugees, such as among countries of the European Union. There is an ethical trade-off between the fairness of matchings and their efficiency, and I argue that in this context, fairness is the morally weightier criterion. Chapter 5 deals with the ethics of kidney exchange. Against critics, I give two arguments for the implementation of kidney exchange programmes. The first argument is that they are instrumental in meeting a moral obligation, namely to donate effectively. The second is that kidney exchange may increase the motivation for altruistic donations, because the donation of one kidney may trigger > 1 life savings. The final chapter identifies questions for future research and it closes with some thoughts about the future trajectory of economic design. (shrink)

Collaborative economy emerged as a response to the need of people to exchange, produce and share in a more humane and cooperative manner. However, the growth of collaborative economy organizations and the terminological confusion have led to debates about their possible effects, both positive and negative. In this study, we have created a guideline that can be used to evaluate the contribution of organizations considered within collaborative economy to common good. We used the conceptualization of common good, which, from its (...) Aristotelian-Thomist philosophy, was developed by the personalist-humanist perspective of management. Our analysis leads us to conclude that the evaluation of the contribution of any organization to the common good must take into account how the participants develop their virtues, the creation of the community and its impact on the common good of society. At the end of the article, we present the aspects that society must take into account regarding collaborative economy. Firstly, society, in general, must approach collaborative economy as a tool that must complement others in the search for solutions to economic and social problems and, secondly, the governance of the platform-network is essential to foster organizational models that favour the common good. (shrink)

In The Methods of Ethics, Henry Sidgwick maintains that resolution of the free will problem is of “limited” importance to ethics and to practical reasoning. Despite the view’s uniqueness, surprisingly little sustained attention has been paid to Sidgwick’s view. This chapter tries to remedy this situation. Part one clarifies Sidgwick’s argument for the claim that resolving the free will controversy is of only limited importance to ethics. Part two examines and tries to deflect objections to Sidgwick’s position raised by J. (...) B. Schneewind and Roger Crisp while putting forward a different objection. Part three raises objections to Sidgwick’s claim that “it is practically impossible to be guided, either in remunerating services or in punishing mischievous acts, by any other considerations than those which the Determinist interpretation of desert [and responsibility] would include”. The chapter concludes by noting that although Sidgwick’s view is not without its problems, his discussion forces us to consider which aspects of moral thinking (if any) survive the conclusion that free will is illusory. (shrink)

Geography and Ethics examines the place of geography in ethics and of ethics in geography by drawing together specially commissioned contributors from distinguished scholars from around the world.

Because doping is becoming more and more of a problem in elite sports, anti-doping and prevention programs are receiving more attention. However, current doping prevention programs that primarily involve pedagogical education in youths have not been shown to be very effective. In sports philosophy there is a discourse about ethics and morality in sports in connection with doping. So far, however, the aspect of ethics has been neglected in anti-doping prevention programs. This article discusses a new approach to doping prevention (...) for young athletes and a way to improve conventional doping prevention by focusing on the process of decision-making. The article argues that ethical decision-making programs based on ethical training programs developed in business offer a large potential for prevention programs in sport. The article concludes with a presentation of training possibilities for ethical decision-making in connection with doping. (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.

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)

In three parts, this volume in the AP-LS series explores the phenomena of captivity and risk management, guided and informed by the theory, method, and policy of psychological jurisprudence. The authors present a controversial thesis that demonstrates how the forces of captivity and risk management are sustained by several interdependent "conditions of control." These conditions impose barriers to justice and set limits on citizenship for one and all. Situated at the nexus of political/social theory, mental health law and jurisprudential ethics, (...) the book examines and critiques constructs such as offenders and victims; self and society; therapeutic and restorative; health; harm; and community. So, too, are three "total confinement" case law data sets on which this analysis is based. The volume stands alone in its efforts to systematically "diagnose" the moral reasoning lodged within prevailing judicial opinions that sustain captivity and risk management practices impacting: (1) the rights of juveniles found competent to stand criminal trial, the mentally ill placed in long-term disciplinary isolation, and sex offenders subjected to civil detention and community re-entry monitoring; (2) the often unmet needs of victims; and (3) the demands of an ordered society. Carefully balancing sophisticated insights with concrete and cutting-edge applications, the book concludes with a series of provocative, yet practical, recommendations for future research and meaningful reform within institutional practice, programming, and policy. (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)

BackgroundDuring a commercial surrogacy arrangement, the event of embryo transfer can be seen as the formal starting point of the arrangement. However, it is common for surrogates to undergo a failed attempt at pregnancy conception or missed conception after an embryo transfer. This paper attempts to argue that such failed attempts can be understood as a loss. It aims to reconstruct the experiences of loss and grief of the surrogates and the intended parents as a consequence of their collective failure (...) to conceive a surrogate pregnancy.MethodsDrawing on a qualitative study conducted over a period of eight months between 2014 and 2015 at two fertility clinics in Delhi and two in Kolkata, India, this paper examines the experiences of the surrogates and the intended parents when faced with missed conceptions or failed conceptions during a surrogacy arrangement.ResultsWe argue that while the surrogate grieves the non-arrival of a ‘good news’ as an uncertain loss, the intended parents experience yet another, failure in addition to the losses they might have incurred during their previous fertility treatments. The body of the surrogate becomes a site of ‘a lost opportunity’. The surrogate embodies a loss in her quest to achieve social mobility and the intended parents experience a disembodied pregnancy loss. This very emotional experience stands in stark contrast to the conceptualisation of such failed attempts as non-events within the discourse of the surrogacy industry. The experience of loss of the intended parents is recognised but their grief is given no space. We argue that such ambiguity around the nature of losses resulting out of a missed or failed conception during surrogacy is an outcome of lack of interpersonal relationship between the surrogate and the intended parents.ConclusionsSince commercial surrogacy is a relational process, the only way in which the experiences of losses and failures of the actors at the preconception stage can be better addressed is through developing close sharing and understanding between each other through an ethics of care. Therefore, to nurture caring relationships, surrogacy needs to be understood as a moral commitment by –the surrogates and intended parents. To enable such a commitment, there is a need to reconsider the pre-defined and legally regulated professional duty of the doctors, agents and agencies. It cannot be a one-sided commitment, but has to have elements of mutuality. (shrink)

Institutionalized and internalized, competence intersubjectivity contain many user-illusions and an imaginary or manifest image of reality, including of themselves (Dennett and Sellars),. This can be contrasted we a comprehension or comprehensive, understanding intersubjectivity. It is possible and perhaps even necessary to transform or replace the competence intersubjectivity to a comprehension or understanding (scientific, Dennett and Sellars) image of reality and themselves.Ethics and morality and studies of ethics and morality deal with the reality of competence intersubjectivity (by means of socio-cultural practices (...) that are derived from, based on an created by means of this restrictive, misleading, unreal, illusory, unrealistic intersubjectivity and the life-worlds associated with it) and human life-worlds constituted on the basis of and in terms of this intersubjectivity. This is why I am a nihilist, a libertarian, at least a minarchist or rather an anarchist and epistemologically a sceptic. Kant’s things in themselves are similar to Dennett and Searle’s notions of manifest and scientific image. With my addition that we are socialized and internalize the competent, know how to do it, institutionalized manifest, everyday intersubjectivity, instead of the comprehension, insights and understanding knowing that, scientific intersubjectivity of all scientific disciplines. This piece can be read as independent as comments on meta-ethics, or it can be read as a chapter in my Book ‘Intersubjectivity (continued)’, or it can be read as an introduction to my thoughts on philosophy and more specifically Intersubjectivity as – Determining the nature of philosophy Determining the nature of the subject-matter of philosophy, sociology, social psychology, aspects of cognitive sciences, ethics, epistemology, etc, Determining the nature of philosophical methodology and approaches. (shrink)

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

This paper objects to certain forms of punishments, such as supermax confinement, on grounds that they are inappropriately contemptuous. Building on discussions in Kant and elsewhere, I flesh out what I take to be salient features of contempt, features that make contempt especially troubling as a form of moral regard and treatment. As problematic as contempt may be in the interpersonal context, I contend that it is especially troubling when a person is treated contemptuously by her political community’s institutions (...) -- such as by certain forms of punishment. Punishment is contemptuous if it fails to respect offenders as moral persons, who as such are always capable of moral reform. Respect for offenders therefore requires, at least, that punishment not tend to undermine the prospect of offenders’ reform. I flesh out this constraint by considering various ways in which punishments may tend to undermine offenders’ reform. In particular, I discuss ways in which supermax confinement tends to violate the reform-based constraint. Finally, I address several potential objections to my account. (shrink)

The main goals of this work are: Ethical and social aspects of policy, contemporary liberal democratic structures, morality in political decision-making, human rights and their individual conceptions, political-philosophical ideas, function of a social-scientific education, selected aspects of security policy, environmental policy, eco-social market economy and religion and law.

During combat, soldiers make critical split-second choices about matters of life and death dozens of times a day. These individual decisions accumulate to determine the outcome of wars. In this book, Marcus Schulzke examines the theory and practice of how military ethics can guide conduct in counterinsurgency, which are particularly difficult operations because the opponent operates outside of the laws of war. Schulzke surveys the ethical traditions that militaries borrow from; compares ethics in practice in the US Army, British (...) Army and Royal Marines Commandos, and Israel Defense Forces; and draws conclusions that may help militaries refine their approaches in future conflicts. The work is based on interviews with American, British, and Israeli soldiers who were deployed between 2000 and 2012, review of training materials and other official publications, published accounts from combat veterans, and observation of US Army focus groups with active duty soldiers. Examining three distinct national militaries illuminates positives and negatives is different approaches to military ethics. Schulzke makes a convincing argument that while moral warfare is an illusive goal, it is possible to make incremental improvements that can reduce war's destructiveness while improving the success of counterinsurgency operations. (shrink)

This volume presents a unique collection of authors who generally maintain that science can help us make wise choices and that an increase in scientific knowledge can help modify our ethical values and bring new ethical principles into social awareness.

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)

Discussions surrounding music and ethical responsibility bring to mind arguments about legal ownership and purchase. Yet the many ways in which we experience music with others are usually overlooked. Musical experience and practice always involve relationships with other people, which can place limitations on how we listen to and act upon music. In Music and Ethical Responsibility, Jeff Warren challenges current approaches to music and ethics, drawing upon philosopher Emmanuel Levinas's theory that ethics is the responsibilities that arise (...) from our encounters with other people. Warren examines ethical responsibilities in musical experiences including performing other people's music, noise, negotiating musical meaning, and improvisation. Revealing the diverse roles that music plays in the experience of encountering others, Warren argues that musicians, researchers, and listeners should place ethical responsibility at the heart of musical practices. (shrink)