Consideration of society’s response to climate change is complex; with emergent deliberations over how we should balance present-day costs of achieving emissions reduction in the short-run against...

Essays on Philosophy and Economic Methodology By Daniel M. Hausman Cambridge University Press, 1992. Pp. 259. ISBN 0?521?41740?6. £35.00. Le Fondement de la morale: Essai d'éthiquephilosophique By André Léonard Cerf, 1991. Pp. 381. ISBN not available. FF240. The Philosophy of Time Edited By Robin Le Poidevin and Murray MacBeath Oxford University Press, 1993. Pp. 230. ISBN 0?19?823998?X. £27.50. The Ethics and Politics of Human Experimentation By Paul M. McNeill Cambridge University Press, 1993. Pp. 315. ISBN 0?521?41627?2. £35.00. Modern Conditions, Postmodern (...) Controversies By Barry Smart Routledge, 1991. Pp. 241. ISBN 0?415?06952. £10.99. Religion in Relation. Method, Application and Moral Location By Ivan Strenski Macmillan, 1993. Pp. ix + 257. ISBN 0?333?53469?7. £45.00. Robert Nozick: Property, Justice and the Minimal State By Jonathan Wolff Polity Press, 1991. Pp. ix + 168. ISBN 0?7456?0603?2. £8.95 pbk. (shrink)

This paper explores the role of the curator in hospitals. The arts play a significant role in every society; however, recent studies indicate a neglect of the aesthetic environment of healthcare. This international study explores the complex role of the curator in modern hospitals. Semi-structured interviews were conducted with ten arts specialists in hospitals across five countries and three continents for a qualitative, phenomenological study. Five themes arose from the data: Patient involvement and influence on the arts programme in hospital (...) Understanding the role of the curator in hospital Influences on arts programming in hospital Types of arts programmes Limitations to effective curation in hospital. Recommendations arising from the research included recognition of the specialised role of the curator in hospitals; building positive links with clinical staff to effect positive hospital arts programmes and increasing formal involvement of patients in arts planning in hospital. Hospital curation can be a vibrant arena for arts development, and the role of the hospital curator is a ground-breaking specialist role that can bring benefits to hospital life. The role of curator in hospital deserves to be supported and developed by both the arts and health sectors. (shrink)

Trust is valuable when placed in trustworthy agents and activities, but damaging or costly when placed in untrustworthy agents and activities. So it is puzzling that much contemporary work on trust – such as that based on polling evidence – studies generic attitudes of trust in types of agent, institution or activity in complete abstraction from any account of trustworthiness. Information about others’ generic attitudes of trust or mistrust that take no account of evidence whether those attitudes are well or (...) ill placed can offer little or no help for those who aim to place or refuse trust well. Information about attitudes is evidently useful to those who aim to influence those who hold them, which explains why polls about attitudes are popular with political parties, advertisers and other campaigning organisations. But where we aim not to influence others, but to place and refuse trust intelligently we must link trust to trustworthiness, and must focus on evidence of honesty, competence and r... (shrink)

Book reviewed in this article: Having Children: Philosophical and Legal Reflections on Parenthood. Edited by Onora O'Neill and William Ruddick.

Property-Owning Democracy: Rawls and Beyond features a collection of original essays that represent the first extended treatment of political philosopher John Rawls' idea of a property-owning democracy. Offers new and essential insights into Rawls's idea of "property-owning democracy" Addresses the proposed political and economic institutions and policies which Rawls's theory would require Considers radical alternatives to existing forms of capitalism Provides a major contribution to debates among progressive policymakers and activists about the programmatic direction progressive politics should take in the (...) near future. (shrink)

This article provides an overview of recent, empirically supported categorization schemes that have been proposed to distinguish different kinds of norms. Amongst these are the moral–conventional distinction and divisions within moral norms such as those proposed by moral foundations theory. I identify several dimensions along which norms have been and could usefully be categorized. I discuss some of the most prominent norm categorization proposals and the aims of these existing categorization schemes. I propose that we take a pluralistic approach toward (...) categorizing norms: Depending on our goals, it may be useful to focus on different features of norms, and as a result, it will be useful to categorize norms in multiple ways. (shrink)

A normatively adequate public health ethics needs to be anchored in political philosophy rather than in ethics. Its central ethical concerns are likely to include trust and justice, rather than autonomy and informed consent.

This article seeks to defend prioritarianism against a pair of challenges from Michael Otsuka and Alex Voorhoeve. Otsuka and Voorhoeve first argue that prioritarianism makes implausible recommendations in one-person cases under conditions of risk, as it fails to allow that it is reasonable to act to maximize expected utility, rather than expected weighted benefits, in such cases. I show that, in response, prioritarians can either reject Otsuka and Voorhoeve's claim, by means of appealing to a distinction between personal and impersonal (...) value, or alternatively they can harmlessly accommodate it, by means of appealing to the status of prioritarianism as a view about the moral value of outcomes, rather than as an account of all-things-considered reasonable action. Otsuka and Voorhoeve secondly claim that prioritarianism fails to explain a divergence in our considered moral judgement between one-person and many-person cases. I show that the prioritarian has two alternative, and independently plausible, lines of response to this charge, one more concessive and the other more unyielding. Hence, neither of Otsuka and Voorhoeve's challenges need seriously trouble the prioritarian. (shrink)

Rawls hoped to meet these critics on their own ground by accepting that a comprehensive liberal position cannot be vindicated and by showing how a less ambitious, merely political, version of liberalism could be vindicated. His conception of political liberalism was less ambitious in two ways. In the first place its substantive normative claims were confined to the domain of politics: all he aspired to was a liberal theory of justice. Secondly, he argued that liberalism could dispense with metaphysical and (...) moral foundations: liberal justice could be vindicated as “political not metaphysical.” Since the publication of Political Liberalism, the term ‘political liberalism’ has increasingly been used to indicate this quite specific version of liberalism, whose normative claims are merely political, and which purports not to draw on “comprehensive moral doctrines,” or on unsustainable metaphysical claims. (shrink)

Those who deny that general principles are important for moral deliberation have mostly misunderstood how principles work. Principles do not give us algorithms for living. They identify broad requirements we must live up to, but they do not actually tell us what to do. We are left instead to craft responses that honor our general commitments using the materials of the case at hand.

Kant's ethics, like others, has unavoidable anthropocentric starting points: only humans, or other 'rational natures', can hold obligations. Seemingly this should not make speciesist conclusions unavoidable: might not rational natures have obligations to the non-rational? However, Kant's argument for the unconditional value of rational natures cannot readily be extended to show that all non-human animals have unconditional value, or rights. Nevertheless Kant's speciesism is not thoroughgoing. He does not view non-rational animals as mere items for use. He allows for indirect (...) duties 'with regard to' them which afford welfare but not rights, and can allow for indirect duties 'with regard to' abstract and dispersed aspects of nature, such as biodiversity, species and habitats. (shrink)

A contrast is often drawn between standard adult capacities for autonomy, which allow informed consent to be given or withheld, and patients' reduced capacities, which demand paternalistic treatment. But patients may not be radically different from the rest of us, in that all human capacities for autonomous action are limited. An adequate account of paternalism and the role that consent and respect for persons can play in medical and other practice has to be developed within an ethical theory that does (...) not impose an idealised picture of unlimited autonomy but allows for the variable and partial character of actual human autonomy. (shrink)

The idea of predistribution has the potential to offer a valuable and distinctive approach to political philosophers, political scientists, and economists, in thinking about social justice and the creation of more egalitarian economies. It is also an idea that has drawn the interest of politicians of the left and centre-left, promising an alternative to traditional forms of social democracy. But the idea of predistribution is not well understood, and stands in need of elucidation. This article explores ways of drawing the (...) conceptual and normative distinction between predistribution and redistribution, examining those general categories when considering the roles of public services and fiscal transfers, and looking at the ways in which government policies can empower and disempower different individuals and groups within the economy. This article argues that the most initially plausible and common-sensical ways of drawing the distinction between predistributive and redistributive public policies collapse when put under analytical pressure. It concludes that the distinction between predistribution and redistribution is best seen in terms of the aims or effects of policies rather than a deeper division of policy types, and argues that, once seen in those terms, predistribution is a central concern of social justice. (shrink)

Margaret Cavendish was an English natural philosopher. Influenced by Hobbes and by ancient Stoicism, she held that the created, natural world is purely material; there are no incorporeal substances that causally affect the world in the course of nature. However, she parts company with Hobbes and sides with the Stoics in rejecting a participate theory of matter. Instead, she holds that matter is a continuum. She rejects the mechanical philosophy's account of the essence of matter as simply extension. For Cavendish, (...) matter is also essentially living, sensing, and rational. She also rejects the mechanical philosophy's explanation of change solely in terms of transference of motion. Her own explanation of change relies upon a notion of "occasional cause." This paper argues that Cavendish's occasional causes are not to be confused with those of Malebranche; hers have some efficient causal powers. It traces the concept of an occasional cause from the ancient Stoics, through Galen, to Renaissance natural philosophers such as J. B. van Helmont, and ultimately to Cavendish and to Descartes. Thus, the aim of the paper is to explicate Cavendish's non-mechanical model of natural change and to show how the key concept in this model, that of "occasional cause," has a long philosophical pedigree. L'anglaise Margaret Cavendish pratique la philosophic naturelle. Sous l'influence de Hobbes et du stoïcisme ancien, elle a soutenu que le monde naturel créé est purement matériel ; dans le cours de la nature, il n'y a pas de substances incorporelles qui affectent causalement le monde. Elle se sépare néanmoins de Hobbes et rejoint les Stoïciens dans son rejet d'une théorie de la matière particulaire. Elle considère au contraire que la matière est un continuum. Elle rejette l'explication de l'essence de la matière comme simple extension, fournie par la philosophic mécaniste. Pour Cavendish, la matière est de plus essentiellement vivante, sentante et rationnelle. Elle rejette aussi l'explication mécaniste du changement en simples termes de transmission de mouvement. Sa propre explication du changement s'appuie sur la notion de cause occasionnelle. Cet article defend l'idée que les causes occasionnelles de Cavendish ne doivent pas être confondues avec celles de Malebranche ; les siennes ont des pouvoirs causaux efficients. Il permet done de suivre l'histoire du concept de cause occasionnelle des anciens Stoïciens, en passant ensuite par Galien jusqu'aux Philosophes de la nature de la Renaissance, comme J. B. van Helmont, et finalement jusqu'à Cavendish et Descartes. Le but de cet article est ainsi de rendre explicite le modèle que Cavendish donne du changement naturel et de montrer comment le concept clé de ce modèle, celui de cause occasionnelle, est le produit d'une longue filiation philosophique. (shrink)

Norms are apt for reasoning because they have propositional structure and content; they are practical because they aim to guide action, rather than to describe aspects of the world. These two features hold equally of norms construed sociologically as the norms of specific social groups, and of norms conceived abstractly as principles of action. On either view, norms are indeterminate while acts are particular and determinate. Consequently norms cannot fully specify which particular act is to be done. Are they then (...) not genuinely action-guiding unless supplemented by practical judgment? Yet accounts of practical judgement are often thin, sometimes seeing it as blind, unreasoned `picking' of one rather than another enactment of a norm. However, on another view practical judgement carries the substantive task of seeking ways of acting that satisfy a plurality of norms, which can be both reasoned and practical. Key Words: direction of fit • judgement • moral conflict • norms • practical principles • remainders. (shrink)

I / The Structures of Behavior MERLEAU-PONTY'S ANALYSIS of the structures of behavior proceeds by means of a critical confrontation of the realism of ...

This chapter contains sections titled: Meta‐ethics and normative ethics Intrinsic value Is the rejection of meta‐ethical realism compatible with an environmental ethic? Objective value and the flourishing of living things Human sensibilities and environmental values Environmental ethics through thick and thin.

This paper examines the epistemological arguments about markets and planning that emerged in a series of unpublished exchanges between Hayek and Neurath. The exchanges reveal problems for standard accounts of both the socialist calculation debates and logical empiricism. They also raise questions concerning the sources of ignorance and uncertainty in modern economies, and the role of market and non-market organisations in the distribution and coordination of limited knowledge, which remain relevant to contemporary debates in economics. Hayek had argued that Neurath's (...) work exemplified the errors of rationalism that underpinned the socialist project. In response Neurath highlighted assumptions about the limits of reason and predictability that the two theorists shared and attempted to turn those assumptions back against Hayek in a defence of the possibility of socialist planning. The paper critically compares Neurath's and Hayek's criticisms of rationalism and considers how far Neurath is successful in his attempt to employ Hayek's assumptions against Hayek himself. (Published Online April 18 2006) Footnotes1 I would like to thank the staff at the Vienna Circle Institute for their assistance in consulting their copy of the Neurath Nachlass. I owe a debt of gratitude to Thomas Uebel and David Archard for their comments on earlier versions of this paper. I would like to acknowledge the support of the Arts and Humanities Research Board and a Manchester University Hallsworth Fellowship in writing this paper. (shrink)

John Rawls is arguably the most important political philosopher of the past century. His theory of justice has set the agenda for debate in mainstream political philosophy for the past forty years, and has had an important influence in economics, law, sociology, and other disciplines. However, despite the importance and popularity of Rawls's work, there is no clear picture of what a society that met Rawls's principles of justice would actually look like. This article sets out to explore that question.

Anscombe's indictment of modern moral philosophy is full-blooded. She began with three strong claims: The first is that is not profitable to do moral philosophy… until we have an adequate philosophy of psychology, in which we are conspicuously lacking. The second is that the concepts of obligation and duty… and of the moral sense of ‘ought’, ought to be jettisoned… because they are derivatives… from an earlier conception of ethics… and are only harmful without it. The third thesis is that (...) the differences between the well-known English writers on moral philosophy from Sidgwick to the present are of little importance. (shrink)

Background:The process of dying in intensive care units is complex as the technological environment shapes clinical decisions. Decisions at the end of life require the involvement of patient, families and healthcare professionals. The degree of involvement can vary depending on the professional and social culture of the unit. Nurses have an important role to play in caring for dying patients and their families; however, their knowledge is not always sought.Objectives:This study explored nurses’ care practices at the end of life, with (...) the objective of describing and identifying end of life care practices that nurses contribute to, with an emphasis on culture, religious experiences and professional identity.Research Design and context:Grounded theory was used. In all, 10 nurses from intensive care unit in two large hospitals in Bahrain were participated.Ethical Considerations:Approval to carry out the research was given by the Research Ethics Committee of the host institution, and the two hospitals.Findings:A core category, Death Avoidance Talk, was emerged. This was supported by two major categories: (1) order-oriented care and (2) signalling death and care shifting.Discussion:Death talk was avoided by the nurses, doctors and family members. When a decision was made by the medical team that a patient was not to be resuscitated, the nurses took this as a sign that death was imminent. This led to a process of signalling death to family and of shifting care to family members.Conclusion:Despite the avoidance of death talk and nurses’ lack of professional autonomy, they created awareness that death was imminent to family members and ensured that end of life care was given in a culturally sensitive manner and aligned to Islamic values. (shrink)

If we hope to see values of equality and democracy embodied in our societies’ institutions, then we have a range of good reasons to favor expansive public provision of goods and services, and to oppose many forms of privatization. While Joseph Heath is right to argue that there are at least some forms of ‘anodyne privatization’, and while he is also right to argue for a more nuanced philosophical debate about the different dimensions of choice between forms of public and (...) private provision, Heath fails to register various regards in which private provision can undermine these central public values. We often have strong egalitarian and democratic reasons to protect zones of decommodification; to resist the imposition of user-charges; and to favor insourcing and direct public procurement over various forms of outsourcing of public services. Public libraries provide a totemic illustration of some of the deep virtues of collective public provision in democratic societies. Overall, our reasons to reject privatization are stronger and more diverse than theorists such as Heath might have supposed. (shrink)

Is logical empiricism incompatible with a critical social science? The longstanding assumption that it is incompatible has been prominent in recent debates about welfare economics. Sen’s development of a critical and descriptively rich welfare economics is taken by writers such as Putnam, Walsh and Sen to involve the excising of the influence of logical empiricism on neo-classical economics. However, this view stands in contrast to the descriptively rich contributions to political economy of members of the left Vienna Circle, such as (...) Otto Neurath. This paper considers the compatibility of the meta-theoretical commitments of Neurath and others in the logical empiricist tradition with this first-order critical political economy. (shrink)

Kant’s practical philosophy, Rawls’s theory of justice and contemporary human rights thinking are landmarks in liberal discussions of justice. Each forms part of a powerful tradition of political thought, and although their substantive accounts of justice diverge at many points, they also overlap in substantial ways. This article focuses not on their substantive claims about justice, or about other ethical standards, but on their differing views of thequestionsto be addressed, on their proposedjustificationsfor standards of justice, and on a limited range (...) of questions aboutinterpretingandinstitutionalizingthose standards. (shrink)

If solutions to the problem of inequality are to be as radical as reality now demands, what is instead required is a reimagining of what would be involved comprehensively to tame capitalism through democratic means. This will involve much further development of the kind of plurality of institutional and policy proposals sketched by Meade, and will involve both the private and public – individual and collective – forms of capital predistribution that Meade advocated. Piketty, like Meade, sees the need for (...) both redistribution and predistribution, and both see that the institutional means necessary to create a more equal society will involve pursuing a plurality of parallel paths. It is closely in keeping with the spirit of Piketty’s Capital that the political and intellectual agenda ahead will be one that economics on its own cannot hope to encompass. It’s a vital agenda, with high stakes, and presents challenges to both academic researchers and political activists. On the success of this endeavour depends nothing less than the prospects for legitimate continuation of our economic system. (shrink)

ObjectivePatient involvement is used to describe the inclusion of patients as active participants in healthcare decision-making and research. This study aimed to investigate incoming year 1 medical (MBChB) students’ attitudes and opinions regarding patient involvement in this context.MethodsWe established a staff–student partnership to formulate the design of an online research survey, which included Likert scale questions and three short vignette scenarios designed to probe student attitudes towards patient involvement linked to existing legal precedent. Incoming year 1 medical students (n=333) were (...) invited to participate in the survey before formal teaching commenced.ResultsSurvey data (49 participants) indicate that students were broadly familiar with, and supportive of, patient involvement in medical treatment. There was least support for patient involvement in conducting (23.9%), contributing to (37.0%) or communicating research (32.6%), whereas there was unanimous support for patients choosing treatment from a selection of options (100%).ConclusionIncoming members of the medical profession demonstrate awareness of the need to actively involve patients in healthcare decision-making but are unfamiliar with the utility and value of such involvement in research. Further empirical studies are required to examine attitudes to patient involvement in healthcare. (shrink)

Is there a relation between the increasing extension of markets and market norms to previously non-market goods, and the growth of environmental problems? This chapter explores two competing answers: market-endorsing positions that argue that a source of environmental problems lies in the absence of markets in environmental goods and that the extension of markets or market modes of valuation to environmental goods offers the most effective way of protecting them; market-skeptical positions that deny that the extension of markets will protect (...) environmental goods or more strongly that markets and increasing marketization are themselves a source of environmental problems. These positions offer distinct perspectives on market mimicking instruments in environmental policy making, such as cost-benefit analysis, and on the development of new markets, for example in emission rights and biodiversity offsets. The issues raised include questions about value commensurability, justice, epistemic limits to planning and markets, and environmental limits to growth. (shrink)

The attempt to connect philosophy and social hope has been one of the key distinguishing features of critical theory as a tradition of enquiry. This connection has been questioned forcefully from the perspective of a post-philosophical pragmatism, as articulated by Rorty. In this article I consider two strategies that have been adopted by critical theorists in seeking to reject Affection Rorty's suggestion that we should abandon the attempt to ground social hope in philosophical reason. We consider argumentative strategies of the (...) philosophical anthropologist and of the rational proceduralist. Once the exchanges between Rorty and these two strands of critical theory have been reconstructed and assessed, an alternative perspective emerges. It is argued that philosophical reasoning best helps to sustain social hope in a rapidly changing world when we consider it in terms of the practice of democratic criticism. (shrink)

Although recent scholarship has begun to clarify Porphyry’s position on the first principle in its distinction from that of Plotinus we must be careful not to gloss over the crucial ramifications of Porphyry’s developments. The Plotinian One is beyond Being, and thus beyond all relation and difference. In his attempt to understand how such a principle can be productive of all else that follows from it, Porphyry considers the Plotinian One in both its transcendent and creative aspects, introducing the notions (...) of difference and self-relation within the One itself. Porphyry’s modifications of Plotinus’s doctrine, however, result in a first principle having a character utterly distinct from what Plotinus envisioned, and from what I believe Plotinus would have accepted. Because Porphyry’s first principle is relational, it loses its decisive Plotinian character as absolutely transcendent. This distinction between the first principles of Porphyry and Plotinus has important ramifications for each of their philosophical itineraria, and further strengthens the status of Plotinus within the Neoplatonic tradition. Plotinus is a unique thinker within the Neoplatonic tradition, and we must be careful not to equate Neoplatonism with Plotinus, when in fact, it is Plotinus who against both his own predecessors and successors often stands alone. (shrink)

Augustin est bien connu comme défenseur d’une « théorie privative » du mal. On peut lire, par exemple, dans les Confessions que « le mal n’est que la privation du bien, à la limite du pur néant ». Le problème, cependant, avec les théories privatives du mal est qu’elles ne nous offrent pas, généralement, une explication robuste ni de l’activité du mal, ni de son pouvoir à causer des effets bien réels ; effets desquels l’expérience demande, malgré tout, une explication (...) rationnelle. Or, selon Augustin, la privation seule ne permet pas de rendre compte de toutes les manifestations du mal. L’explication privative du mal est, certes, la plus étudiée par la littérature ; mais elle ne constitue qu’une partie du tableau. Cet article veut souligner quatre moments de l’explication du mal qu’Augustin propose : le mal comme privation ; le mal comme parasite par rapport à l’être ; le mal comme perversion de la volonté ; et finalement, le mal comme conflit d’intérêts. Chacun de ces moments éclaire un type de mal, mais aucun ne permet à lui seul de rendre compte du problème. Pris ensemble, cependant, et gardant leurs différences respectives à l’esprit, la réponse d’Augustin à la question du mal se révèle beaucoup plus sophistiquée et exhaustive qu’on ne voudrait souvent l’admettre lorsqu’on se limite uniquement à la théorie de la privation. | : Augustine is well-known for advocating a ‘privation theory’ of evil. In Confessions, he writes that “evil has no existence except as a privation of good, down to that level which is altogether without being.” The problem with privation theories of evil generally is that they do not provide a robust enough account of the activity and power of evil to cause the very real effects for which experience demands a rational explanation. For Augustine, however, privation alone does not fully account for evil in all of its manifestations. The privation account of evil receives much scholarly treatment, but it is only part of the complete Augustinian picture. This paper outlines four accounts of evil in Augustine : evil as privation, as parasitic on being, as perversion of the will, and as conflict of interest. Each deals with a kind of evil, but none alone provides a complete account. Taken together, however, with their differences in mind, Augustine’s explanation of evil is shown to be much more sophisticated and comprehensive than is often recognised when one limits one’s understanding of Augustine’s conception of evil to the privation theory alone. (shrink)

The needs principle—that certain goods should be distributed according to need—has been central to much socialist and egalitarian thought. It is the principle which Marx famously takes to be that which is to govern the distribution of goods in the higher phase of communism. The principle is one that Marx himself took from the Blanquists. It had wider currency in the radical traditions of the nineteenth century. In the twentieth century it remained central to the mutualist form of socialism defended (...) by Tawney and Titmuss. The principle underlay the development and justification of the modern welfare state—thus the National Health Service is still founded upon the idea that the distribution of medical resources should be determined by medical need, not by ability to pay. One source of the power of the needs principle lies in the fact that it appears to be both a principle of justice and a principle of community or social solidarity. As a principle of justice it is offered as a corrective to the particular forms of unequal distributions of goods that can result from market transactions, and as a principle of community or social solidarity as a corrective to the possessive individualism taken to be the corollary of a market order. (shrink)

One influential approach to environmental problems holds that their solution requires the definition of full liberal property rights over goods that will enable their value to be registered in actual or hypothetical markets. How adequate is that solution? In this paper I offer reasons to be sceptical, by placing recent liberal arguments in the context of older debates about property, in particular those concerned with the distribution of care. Although proposals for the extension of liberal property rights over environmental goods (...) often appeal to arguments from the need to distribute care, I show that there are conflicts between them. Care for particular places that embody the life of a community that has an existence over time is often expressed through resistance to liberal property rights. We express mutual obligations to members of a community through a denial of exclusive property rights over certain common goods. Also, what constitutes care for environmental goods itself is contested across class, occupation, culture, and history. Conflicts between those with different conceptions of care are often expressed through conflicts in property rights. The justification of property rights by appeal to particular accounts of proper care has, from the time of Locke to the present, been invoked to legitimate the appropriation of goods. The introduction and maintenance of liberal property-rights regimes involves the creation and sustenance of a particular distribution of social power, and should be understood as such. (shrink)

Accounts of good legislative process require a prior understanding of the features that make laws good. Yet many contemporary discussions of ways to improve legislative process say little about the quality of laws. Although it is widely taken as read that laws should not be unjust, too little is said about the importance of their being comprehensible and ascertainable, or about the requirements they set being feasible for those who are to comply. It is unclear whether certain widely discussed ways (...) of improving legislative process, such as further secondary legislation, codes and guidance, or further (pre or post) legislative scrutiny will yield better laws. Much UK legislation creates problems not because it is unjust, but because far from providing the 'established, settled, and known law' that John Locke thought essential for civil society, it provides a churn of voluminous, temporary, complex and obscure law: in effect, unknown law openly arrived at. (shrink)