The literature on rights in both moral and legal philosophy is voluminous, so voluminous that there may seem to be little justification for one more symposium to swell its ranks. But the discussion of rights has been fairly tightly organized around several narrow topics of debate, among them whether rights should be explained in terms of interests or choices, 1 whether rights are strictly correlative with duties, 2 and the relation between rights and utility. 3 The inspiration for the present (...) symposium is the sense that one topic of central importance has generally been given short shrift: the question of whether rights can conflict. There is, of course, a perfectly good explanation for why this topic has received so little attention; namely that contemporary rights theorists have generally assumed that rights cannot conflict. 4 But this assumption seems to be out of keeping with the way people commonly speak about rights as well as the way in which rights are usually understood in our constitutional tradition. (shrink)

This volume explores moral and legal issues relating to sovereignty by addressing foundational questions about its nature, examining state sovereignty between states, and dealing with post 9/11 developments in the U.S., potentially destabilizing received views of democratic sovereignty. With essays addressing foundational, state and international sovereignty, the book focuses on Post 9/11 developments including the profusion of secret national security programs, including those pertaining to the interrogation, rendition, and detention of terror suspects; signal intercepts and meta-data analysis; and targeted killing (...) of irregular militants; prompting questions regarding the legitimacy of executive power in this arena. (shrink)

Weighing Lives in War examines the core principles of the modern law of war: necessity, proportionality, and distinction, and provides new and innovative insights into the process of weighing lives implicit in all theories of jus in bello.

The controversy surrounding targeted killings represents a crisis of conscience for policymakers, lawyers, philosophers and leading military experts grappling with the moral and legal limits of the war on terror. The book examines the legal and philosophical issues raised by government efforts to target suspected terrorists without giving them the safeguards of a fair trial.

:In his famous book Just and Unjust Wars, Michael Walzer articulates a thesis he calls the “Moral Equality of Soldiers,” namely, the principle that combatants have an equal right to kill other combatants in war, regardless of the justice of the cause for which they are fighting. The Moral Equality Thesis, as I shall call it, is an essential component of traditional Just War Theory, in that it provides the basis for distinguishing the jus in bello from the jus ad (...) bellum. It also plays a crucial role in identifying the nature of the difference between combatants and civilians. The Moral Equality Thesis has recently come under attack by scholars of Just War Theory, notably philosopher Jeff McMahan, on the grounds that killing for immoral purposes cannot be justified, and so it cannot be true that combatants all have an equal right to kill, regardless of the justice of their cause. In this essay, I defend the Moral Equality Thesis in its traditional formulation. Without it, I argue, the rule of law would not apply in war. The failure to recognize the equal right of combatants to kill in war, I suggest, creates an inconsistency between the rules of war and basic concepts in the law and morality of self-defense, an inconsistency that McMahan himself would think undesirable. I argue that McMahan’s argument applies more compellingly to armed conflict in asymmetrical warfare. Arguably, the Moral Equality Thesis does not apply in an armed conflict between combatants and unlawful combatants. In that context, the divergence from the law and morality of self-defense is less of a concern. View HTML Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.KILLING IN WAR AND THE MORAL EQUALITY THESISVolume 32, Issue 2Claire Finkelstein DOI: https://doi.org/10.1017/S0265052516000169Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. KILLING IN WAR AND THE MORAL EQUALITY THESISVolume 32, Issue 2Claire Finkelstein DOI: https://doi.org/10.1017/S0265052516000169Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. KILLING IN WAR AND THE MORAL EQUALITY THESISVolume 32, Issue 2Claire Finkelstein DOI: https://doi.org/10.1017/S0265052516000169Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation Request permission. (shrink)

This chapter contains section titled: What is a Theory of Punishment? Deterrence Theories of Punishment Retributivist Theories of Punishment The Contractarian Alternative Notes References.

The essays in this volume are all concerned with the arguments about law as a system of rule-based decision-making,particularly the ideas advanced by legal philosopher Frederick Schauer. Schauer's work has not only helped revive interest in legal formalism but has also helped relocate arguments about the relationship between posited rules and morality. The contributors to this volume, themselves distinguished theorists, have concentrated on three aspects of Schauer's work: the nature of jurisprudential description; his theory of presumptive positivism; and the application (...) of his theory of rule-based decision-making to other areas of legal and moral thought. Contributors: Larry Alexander, Brian Bix, Philip Bobbitt, Marianne Constable, Michael C. Dorf, Jeremy Elkins, Claire Oakes Finkelstein, Leo Katz, Jason Johnston, Dennis Patterson. (shrink)

In recent decades, a new scientific approach to understand, explain, and predict many features of religion has emerged. The cognitive science of religion has amassed research on the forces that shape the tendency for humans to be religious and on what forms belief takes. It suggests that religion, like language or music, naturally emerges in humans with tractable similarities. This new approach has profound implications for how we understand religion, including why it appears so easily, and why people are willing (...) to fight-and die for it. Yet it is not without its critics, and some fear that scholars are explaining the ineffable mystery of religion away, or by showing that religion is natural proves or disproves the existence of God. An Introduction to the Cognitive Science of Religion offers students and general readers an accessible introduction to the approach, providing an overview of key findings and the debates that shape it. The volume includes a glossary of key terms, and each chapter includes suggestions for further thought and further reading as well as chapter summaries highlighting key points. This book is an indispensable resource for introductory courses on religion and a much-needed option for advanced courses. (shrink)

Heinrich Rickert was one of the leading neo-Kantian philosophers in Germany and a crucial figure in the discussions of the foundations of the social sciences in the first quarter of the twentieth century. His views were extremely influential, most significantly on Max Weber. The Limits of Concept Formation in Natural Science is Rickert's most important work, and it is here translated into English for the first time. It presents his systematic theory of knowledge and philosophy of science, and deals particularly (...) with historical knowledge and the problem of demarcating the natural from the human sciences. The theory Rickert develops is carefully argued and of great intrinsic interest. It departs from both positivism and neo-Hegelian idealism and is worked out by contrast to the views of others, particularly Dilthey and the early phenomenologists. (shrink)

What is the relationship between the permissibility/impermissibility of the part and the permissibility/impermissibility of the whole? Does the moral or legal status of a constituent part of an actor’s course of conduct govern the status of the actor’s whole course of conduct or, conversely, does the moral and legal status of the actor’s whole course of conduct govern the status of the constituent parts? This broader issue is examined in the more specific contexts of the contrived defense and deterrent threat (...) doctrines. The latter doctrine concerns whether a prima facie impermissible act of carrying out a threatened action may be rendered permissible if embedded within an overall permissible course of action including the issuance of a deterrent threat that fails to induce compliance. The contrived defense doctrine addresses the permissibility of an actor who contrives or culpably causes the conditions of her own defense. This essay considers the claim—advanced by Claire Finkelstein and Leo Katz—that the contrived defense and deterrent threat doctrines are sufficiently related such that the preferable approach to each doctrine informs and supports the preferable approach to the other. In each, the permissible/impermissible status of the whole governs the status of the part. Regarding contrived defenses, the impermissibility of the actor’s whole course of conduct renders the otherwise permissible constituent part relating to the defense also impermissible. And regarding deterrent threats, the permissibility of the actor’s whole course of conduct renders the otherwise impermissible constituent parts also permissible. This essay challenges the claimed linkage between the contrived defense and deterrent threat doctrines by proposing hypothetical situations in which the claimed parallel doctrines collapse into each other. As a result, the application of the preferred approaches to each doctrine generates a contradiction. (shrink)

The author compares the strategies used in the conquest of the American West, the imperialism of the Third Reich, the creation of Bantustans in South Africa, and cautions against sanguine readings of the Oslo Peace Talks between Israel and Palestine. He concludes that the current agreements are in fact the last stages of Israeli conquest of Palestine.

Research exploring the needs of families of childhood cancer survivors is critical to improving the experiences of future families faced by this disease. However, there are numerous challenges in conducting research with this unique population, including a relatively high mortality rate. In recognition that research with cancer survivors is a relational activity, this article presents a series of cases of parents bereaved by childhood cancer who unintentionally received invitations to participate in survivorship research. We explore six ethical considerations, and compare (...) our experiences with that described previously. Our considerations include the sharing of confidential information with external parties to confirm past patients’ vital status and appropriate researcher responses to bereaved parents. The management of researchers’ emotional safety when working with illness populations and the fact that study invitations can elicit grief responses in non-bereaved families are discussed. To conclude, we argue for the benefits of inviting bereaved parents whose children died after treatment completion in survivorship research. Such parents’ early survivorship experiences will otherwise be systemically neglected. We argue that discussing complex cases can assist researchers to protect participants’ and researchers’ emotional well-being. We hope to contribute to the dearth of discussion about research operating procedures to address these issues. (shrink)

Étude sur deux pensées philosophiques de l'existence qui furent influencées par le romantisme au milieu du XIXe siècle. L'auteur s'interroge sur la conception de l'homme que chacun des deux philosophes propose. D'après lui, leurs postulats sont parents par bien des aspects. L'existence est envisagée dans ses dimensions littéraires, philosophiques et religieuses.--Résumé de l'éditeur.

Prior research on sustainability suggests that ambitious sustainability strategies are often turned into “business-as-usual” practices. Although ecological embeddedness—that is, actors’ physical and cognitive anchoring in their ecological environment—can help maintain sustainability ambitions, its collective dynamics and pluralistic moral foundations remain understudied. We rely on the economies of worth framework and the revelatory case of a biodynamic farm business experiencing sustained commercial growth to explore these blind spots by analyzing how ecological embeddedness was maintained despite this growth. We found that moral (...) threats moved the organization away from its initial sustainability commitment and demonstrated how the farm maintained its ecological embeddedness through three mechanisms that involved multiple moral foundations: nurturing ecological inspiration, networking green projects, and unifying a green ethos. By inducing such mechanisms of moral recombination, our analysis advances sustainability studies by clarifying and bridging individual and collective dynamics of ecological embeddedness while revealing their multiple moral foundations; we also extend economies of worth research by demonstrating the role of ecological materiality in the alignment of organizations with the green world. (shrink)

This article is about recent attempts by scholars, database practitioners, and curators to experiment in theoretically interesting ways with the conceptual design and the building of databases, archives, and other information systems. This article uses the term ‘‘archive’’ as an overarching category to include a diversity of technologies used to inventory objects and knowledge, to commit them to memory and for future use. The category of ‘‘archive’’ might include forms as diverse as the simple spreadsheet, the species inventory, the computerized (...) database, and the museum. Using this protean concept, this study suggests that we are currently witnessing a time where close convergences are occurring between social theory and archive construction. It identifies a ‘‘move’’ toward exposure of the guts of our archives and databases, toward exposing the contingencies, the framing, the reflexivity, and the politics embedded within them. Within this move, the study examines ways in which theories of performance and emergence have begun to influence the way that archives of different kinds are conceived and reflects on the role of Science and Technology Studies scholars in their construction. (shrink)

Causal realists maintain that the causal relation consists in something more than its relata. Specifying this relation in nonreductive terms is however notoriously difficult. Michael Tooley has advanced a plausible account avoiding some of the relation’s most obvious difficulties, particularly where these concern the notion of a cross-temporal connection. His account distinguishes discrete from nondiscrete causation, where the latter is suitable to the continuity of cross-temporal causation. I argue, however, that such accounts face conceptual difficulties dating from Zeno’s time. A (...) Bergsonian resolution of these difficulties appears to entail that, for the causal realist, there can be no indirect causal relations of the sort envisioned by Tooley. A consequence of this discussion is that the causal realist must conceive all causal relations as ultimately direct. (shrink)

At least since Descartes, philosophers have been interested in the special knowledge or authority that we exhibit when we speak about our own thoughts, attitudes, and feelings. This book contends that even the best work in contemporary philosophy of mind fails to account for this sort of knowledge or authority because it does not pay the right sort of attention to the notion of expression. What's at stake is not only how to understand self-knowledge and first-person authority, but also what (...) it is that distinguishes conscious from unconscious psychological states, what the mental life of a nonlinguistic animal has in common with our sort of mental life, and how to think about Wittgenstein's legacy to the philosophy of mind. (shrink)