Volume II of Vernon Press’s series on the Philosophy of Forgiveness offers several challenging and provocative chapters that seek to push the conversation in new directions and dimensions. Volume I, Explorations of Forgiveness: Personal, Relational, and Religious, began the task of creating a consistent multi-dimensional account of forgiveness, and Volume II’s New Dimensions of Forgiveness continues this goal by presenting a set of chapters that delve into several deep conceptual and metaphysical features of forgiveness. New Dimensions of Forgiveness creates a (...) theoretical framework for understanding the many nuanced features of forgiveness, namely, third-party forgiveness, forgiveness as an aesthetic process, the role of resentment in warranting forgiveness, the moral status of self-forgiveness, epistemic trust, forgiveness’s influence on the moral status of persons, forgiveness in time, the status of Substance and Subject within a Hegelian framework, Jacques Derrida’s “impossible” forgiveness, and the use of imaginative “magic” to become a maximal forgiver. Readers will be challenged to question and come to terms with many oft-overlooked, yet important philosophical dimensions of forgiveness. (shrink)

Court D. Lewis, author of Repentance and the Right to Forgiveness, presents a rights-based theory of ethics grounded in eirenéism, a needs-based theory of rights (inspired by Nicholas Wolterstorff) that seeks peaceful flourishing for all moral agents. This approach creates a moral relationship between victims and wrongdoers such that wrongdoers owe victims compensatory obligations. However, one further result is that wrongdoers may be owed forgiveness by victims. This leads to the “repugnant implication” that victims may be wrongdoers who do not (...) forgive. Author Lewis addresses the “repugnant implication” by showing that victims are obligated to work toward forgiveness, if not forgiveness itself. Critic Gregory L. Bock argues that victims are not the only ones who can forgive, that the personal dimensions of forgiveness are overlooked, and that the force of the “repugnancy implication” may be questioned. Instead of rights-based eirenéism, Bock supports a virtue ethics framework. Instead of rights-based eirenéism, Bock encourages virtue ethics. Critic David Boersema raises questions about the binding nature of relationships, the dependency of flourishing upon forgiveness, and the nature of needs or rights. Boersema also questions the wisdom of a rights-based approach to forgiveness. Critic Jennifer Kling asks whether a rights-based approach is necessary to ground obligations to meet the needs of others: why not an ethics of care? If a rights-based approach is taken, perhaps a wrongdoer is obligated to not make forgiveness a life good. By disengaging this obligation, we avoid constraining a victim’s work toward forgiveness, especially when the wrongdoing is oppressive. Author Lewis responds to these objections. (shrink)

This book provides a variety of diverse perspectives related to the ethics of anger, some more analytical in nature, others focused on practical issues, some in defense of anger, and others arguing against its necessity. This book is an essential resource for scholars who want to reflect critically on the place of anger in contemporary life.

This book develops a rights-based theory of justice that maintains that genuine repentance creates a right to be forgiven. Examining the nature of rights and theological conceptions of forgiveness, the author shows why such a right is nonrepugnant and produces the most just state of affairs for victims and wrongdoers.

This essay examines why some introductory ethics students are averse to any sort of moral requirement. It provides a series of descriptions and techniques to help teachers recognize, diagnose, and engage such students. After discussing the nature of student aversions to moral obligations, I discuss three causes and several ways to engage each: 1) Student Relativism; 2) student fears and misunderstandings of obligations; and 3) the phenomenon of what I call fetishized liberty, which leads to the “liberty paradox”—where students actively (...) fight for liberties, yet actively give up or fail to use the ones they currently have. (shrink)

In this introduction to a special section on the philosophy of Bat-Ami Bar On, guest editor Court Lewis introduces Jennifer Kling’s article on equitable resettlement of refugees, Wim Laven’s article on meaningful political citizenship, and his own work on the analysis of the violent threat of citizen culture-warriors.

In tribute to the philosophy of Bat-Ami Bar On, this article draws upon her Arendtian analysis of fascism to explore recent dynamics of ethnic nationalism in the US. Whereas Bar On analyzed the problem of citizen-soldiers, this study extends analysis toward the citizen culture-soldier, suggesting that recent dynamics in the US are suggestive of a Cultural Revolution that threatens the inclusive practice of citizenship required of democracy. Bar On’s work motivates philosophers to not be lulled into acceptance of anti-democratic practices (...) of citizenship. The values of respect, equality, and equity suggest that another form of citizenship should be practically pursued. (shrink)

Is it possible for the Modern State to function without violence? How is violence ingrained in national identities, and how do the borders that supposedly “protect” nations actually foster unconscious biases, the anger and hatred of “others,” and the racism and ethnocentrism of shootings, mass murders, and other atrocities? Eddy M. Souffrant and the contributing authors of A Future without Borders? provide insights into how to answer these and other questions.

Righteous Indignation explores the philosophy of Christian anger—for example what anger is, what it means for God to be angry, and when anger is morally appropriate. The contributors examine several dimensions of the topic, including divine wrath, imprecatory psalms, and the proper place of anger in the life of Christians today.

Quel lien y a-t-il entre le style, qui exprime un rapport au monde, et la théologie qui engage un rapport à Dieu ? Ce lien a été très fort dans le passé. À travers Augustin et le Pseudo-Denys, la pensée néoplatonicienne transmet au Moyen Âge le thème de la lumière intelligible. L’univers médiéval s’appréhende comme un cosmos transfiguré par la lumière de Dieu qui s’irradie sur toutes choses. Les Sommes théologiques baignent dans ce même symbolisme lumineux. Cependant, la pensée scolastique, (...) sous l’influence de l’aristotélisme, prend une orientation divergente : le réalisme tend à séculariser la nature ; la clarté ne vient plus d'en haut, mais d'en bas, de l’objet : l’esthétique se détache du discours théologique, l'allégorie se libère du symbole en direction de l'imaginaire. Quel sens reconnaître à un tel cheminement marqué au sceau de notre modernité ? Un champ esthétique, devenu ainsi autonome, ne risque-t-il pas de se retrouver exclusivement voué aux jeux formels d’une fiction pure sur fond de néant de sens ? Non, car l'imaginaire exerce une « fonction métaphorique » et « ontologique » , qui ouvre vers un supplément de sens. Le style est une structure individualisante qui rend sensible, dans l’art, le jaillissement d'une vérité du monde qui se répète dans les diverses productions esthétiques d'une même aire culturelle. Un style peut donc être un « lieu théologique » porteur d'un certain rapport au sacré, au même titre que « trace séculière » de formes spirituelles les plus diverses. D’où l’éminente leçon de « L'art sacré » contemporain, attentif aux affinités, techniques et défis de la modernité et, partant, promis aux rencontres œcuméniques les plus enrichissantes.What connection is there between style that expresses a relationship with the world, and theology that engages a relationship with God ? This connection was very strong in the past. From Augustine and the Pseudo-Dionysius, Neoplatonic thought transmitted to the Middle Ages the theme of intelligible light. The medieval universe is understood as a cosmos transfigured by God’s light irradiating all things. Theological Summas bathe in the same luminous symbolism. Under Aristotelian influence, Scholastic thought, however, takes a divergent orientation : realism tends to secularize nature ; clarity does net come from on high, but below, from the object ; the aesthetic detaches itself from the theological discourse, allegory frees itself from the symbol in the direction of the imaginary. What meaning can be seen in such a path that is marked with the seal of our modernity ? Does not the aesthetic field, that has become autonomous, take the risk of finding itself exclusively dedicated to formal games of pure fiction on a background of meaninglessness ? No, for the imaginary exercises a « metaphorical » and « ontological » function that opens towards an increase of meaning. The style is a individualizing structure that renders sensitive, in art, the breaking out of a truth of the world that repeats itself in the diverse aesthetic productions of a same cultural space. A style can, therefore, be a « theological site » carrying a certain rapport to the sacred, and at the same time that « secular pathway » of the most diverse spiritual forms. From there comes the eminent lesson of contemporary « Sacred Art », attentive to the affinities, techniques, and challenges of modernity, and consequently, engaged to most enriching ecumenical encounters. (shrink)

Au terme d'une longue recherche en quête du sens de l'art et de son mystère au coeur de nos vies, ce bref essai voudrait revenir sur le point central de jointure entre apparence et apparition qu'on peut désigner sous l'expression de manifestation esthétique. Interrogation ultime que soulève tout grand créateur d'une oeuvre d'art digne de ce nom, à savoir porteuse d'un contenu de vérité authentique. Ainsi du doute de Cézanne hanté au dire de Merleau-Ponty par le soupçon de l'échec de (...) la peinture à conjurer l'illusion des images - ou encore de l'angoisse de Schoenberg à la poursuite d'une musique qui soit espérance messianique (ce que J S Bach déjà avait poursuivi au sommet toute sa vie). Question éminemment philosophique méditée depuis toujours par les plus grands penseurs. Ainsi, au confluent du néo-platonisme et du christianisme, la lecture augustinienne de Plotin ; en plein âge baroque, l'analyse kantienne décisive du sublime au principe de l'imagination esthétique, et, à l'aurore de notre modernité du XXe siècle, l'invocation de Walter Benjamin à "l'aura, l'unique apparaître d'un lointain". (shrink)

Les études modernes sur les jeux de hasard et d’argent dans le monde romain se concentrent principalement sur les joueurs masculins de l’élite, mais les sources écrites et iconographiques fournissent de nombreuses preuves de la présence de joueuses de tous horizons. Cette contribution rassemble les témoignages textuels et iconographiques qui, jusqu’à présent, ont été largement négligés quant aux informations qu’ils peuvent fournir sur les femmes et le jeu dans l’Antiquité romaine. Elle explore la relation entre le jeu et le féminin, (...) des déesses aux grands-mères, et met en lumière les implications sociales du jeu et des paris pour les joueuses. Le jeu féminin était très répandu et pouvait prendre des formes différentes dans des contextes variés. En analysant ces textes ensemble pour la première fois, nous pouvons saisir de manière plus riche et nuancée l’importance du jeu au féminin à Rome en révisant les modèles existants trop dépendants de quelques textes célèbres. (shrink)

L’étude du sexe et des sexualités à l’époque romaine « sort du placard », alors que les universitaires explorent de nouveaux sujets au-delà des dynamiques entre sexe et genre plus traditionnellement étudiées. Un-Roman sex offre de nouvelles manières d’étudier le sexe, le genre et les sexualités en explorant à la fois les relations entre personnes de même sexe et les rapports de pouvoir genrés, et en replaçant le sexe au cœur de la vie quotidienne des provinces romaines. Cet ouvrage collectif...

Research has found that both cisgender and transgender androphilic males (i.e., males sexually attracted to and aroused by other adult males) have female-typical occupational preferences when compared with gynephilic males (i.e., males sexually attracted to and aroused by adult females). Moreover, whereas cisgender androphilic males’ occupational preferences tend to be intermediate between those of gynephilic men and androphilic women, transgender androphilic males tend to have occupational preferences that are more similar to androphilic women. No study has directly compared both types (...) of androphilic males within the same culture. The present study investigated occupational preference and its relation to childhood sex-atypical behavior (CSAB), among gynephilic men (_n_ = 208), androphilic women (_n_ = 138), and cisgender (_n_ = 132) and transgender (_n_ = 129) androphilic males from the Istmo region of Oaxaca, Mexico, where androphilic males are recognized as third gender, _muxes_. The study found large sex differences in occupational preferences (_d_ = 2.80). Furthermore, both cisgender _muxe nguiiu_ (_d_ = 2.36) and transgender _muxe gunaa_ (_d_ = 3.44) reported having more sex-atypical occupational preferences compared with men. However, _muxe gunaa_ reported higher female-typical occupational preferences than women (_d_ = 0.59) and _muxe nguiiu_ (_d_ = 0.57), whereas _muxe nguiiu_ and women did not differ (_d_ = 0.08). These findings are consistent with the conclusion that sex-atypical occupational preferences are a cross-culturally universal aspect of male androphilia. Finally, CSAB was associated with sex-atypical occupational preferences among all participants. These findings suggest that a developmental continuity exists between childhood and adulthood sex-atypicality. (shrink)

This article traces the career path and personality of a chancery official or secretary in the service of the Gonzaga, the ruling dynasty of Mantua, in the middle years of the fifteenth century. It relates Giovanni Arrivabene to the contemporary social, political and cultural context of this secondary northern Italian power or signoria but touches the wider Italian world at many points, particularly the papal court, whether in Rome or other locations, where Giovanni’s talented younger brother served first as the (...) secretary of Cardinal Francesco Gonzaga and later as an apostolic secretary. The comparison between the two brothers and their interdependence as property owners is a recurring theme. Giovanni emerges with evident limitations which hampered the succession to his father’s superior role in the chancery, where other privileged families also tended to prevail. Humanist educated and efficient, he seems to have been a bureaucrat of routine abilities, not quite astute enough to outpace certain departmental rivals or to avoid being tainted by association with some possibly corrupt practice which caused loss of favour. His later rehabilitation, first as a provincial magistrate concerned with criminal jurisdiction and later as an estate management official, illustrates that private relationships within the narrow world of a civic quasi despotic government were all important. (shrink)

Everything we do relies on causation. We eat and drink because this causes us to stay alive. Courts tell us who causes crimes, criminology tell us what causes people to commit them. D.H. Mellor shows us that to understand the world and our lives we must understand causation. _The Facts of Causation_, now available in paperback, is essential reading for students and for anyone interested in reading one of the ground-breaking theories in metaphysics. We cannot understand the world and our (...) place in it without understanding causation. Yet a complete account of the nature and implications of causation does not exist. D.H Mellor's new book is that account. (shrink)

Everything we do relies on causation. We eat and drink because this causes us to stay alive. Courts tell us who causes crimes, criminology tell us what causes people to commit them. D.H. Mellor shows us that to understand the world and our lives we must understand causation. _The Facts of Causation_, now available in paperback, is essential reading for students and for anyone interested in reading one of the ground-breaking theories in metaphysics. We cannot understand the world and our (...) place in it without understanding causation. Yet a complete account of the nature and implications of causation does not exist. D.H Mellor's new book is that account. (shrink)

The claim is frequently made that structured collections of individuals who are themselves subjects of mental and cognitive states – such collections as courts, countries, and corporations – can be, and often are, subjects of mental or cognitive states. And, to be clear, advocates for this so-called group-minds hypothesis intend their view to be interpreted literally, not metaphorically. The existing critical literature casts substantial doubt on this view, at least on the assumption that groups are claimed to instantiate the same (...) species of mental and cognitive properties as individual humans. In this essay, I evaluate a defensive move made by some proponents of the group-oriented view: to concede that group states and individual states aren’t of the same specific natural kinds, while holding that groups instantiate different species of mental or cognitive states – perhaps a different species of cognition itself – from those instantiated by humans. In order to evaluate this defense of group cognition, I develop a view of natural kinds – or at least of the sort of evidence that supports inferences to the sameness of natural kind – a view I have previous dubbed the ‘tweak-and-extend’ theory. Guided by the tweak-and-extend approach, I arrive at a tentative conclusion: that what is common to models of individual cognitive processing and models of group processing does not suffice to establish sameness of cognitive (or mental) kinds, properties, or state-types, not even at a generic or overarching level. (shrink)

It has been over two decades since Miranda Fricker labeled epistemic injustice, in which an agent is wronged in their capacity as a knower. The philosophical literature has proliferated with variants and related concepts. By considering cases in popular music, we argue that it is worth distinguishing a parallel phenomenon of art-interpretive injustice, in which an agent is wronged in their creative capacity as a possible artist. In section 1, we consider the prosecutorial use of rap lyrics in court as (...) a central case of this injustice. In section 2, we distinguish art-interpretive injustice from other categories already discussed in recent literature. In section 3, we discuss the relationship between genre discourse and identity prejudice. The case for recognizing the category of art-interpretive injustice is that it allows one to recognize a class of harms as being importantly related in ways that one would otherwise overlook. (shrink)

This article will examine the case of Ms B, a woman with tetraplegia for a year, who, prior to rehabilitation or return to community life, sought a ruling that doctors may turn off her ventilator. The authors are people with disabilities. Their analysis focuses on the manner in which the High Court framed the case in terms of mental capacity, addressed the issue of suicide and ambivalence, and resolved informed consent and treatment alternative issues. While the disability community in the (...) US does not oppose the general right to refuse treatment, there is significant concern about lack of informed consent and denial of desired treatment alternatives, and the cavalier manner in which these factors have been dismissed. (shrink)

The main purpose of this paper (1) is to draw attention to a gap between the principles of Common Law and the principles accepted by many leading medical practitioners on the ethics of allowing severely handicapped infants to die. The Common Law principles are shown in Court of Appeal judgements on two cases. The contrasting principles of many paediatricians were illustrated at the trial of Dr Leonard Arthur. The paper suggests that the gap could be closed by statutory guidance on (...) general principles. It also argues that utilitarian concepts misrepresent the ethical issues of medical dilemmas like this one. (shrink)

From Galileo to the Bhopal tort litigation, Scopes to OncoMouse®, Lysenko to the lie detector, the agonistic and alethic forum of the courtroom has offered unique opportunities to witness science and scientists being made and unmade. Evolving legal systems have consistently been forced to draw on (or defensibly away from) scientific knowledge, scientific methods, and scientific experts in the pursuit of truth and justice. At the same time, courts—in many ways the original site for the production of social facts—have to (...) a significant extent shaped both the theories and the practices of knowledge production central to the emergence of modern science. This Focus section draws together a set of scholars at work on these borrowings and aims to stimulate more research in an important and fast‐expanding area of scholarship. (shrink)

The Native American Church is examined as an illustrative example in the political anthropology of consciousness. Specific attention is paid to the Supreme Court's ignoring of accepted research on this tradition and its sacrament, Peyote, in the case of Employment Division of Oregon v. Smith. An anthropological reaction to the Smith decision is constructed, focusing on ethnographic findings regarding Peyote that contradict the Supreme Court's ethnocentric assumptions. This paper argues that Peyote's Schedule I status is not supported by the ethnographic (...) findings. Peyote, as used in the Native American Church, is recognized as safe and therapeutic. It is also argued that the Supreme Court's rationale for denying Peyotist religious freedom is not supported by the ethnographic findings nor by legal precedent. Not only is the Native American's right to use Peyote a matter of freedom of religion, it also involves other rights such as the right to raise one's children in one's own culture and the right to be treated using a culturally relevant therapeutic modality. (shrink)

It is now some years since Professor D. Daiches Raphael published his interesting book, The Paradox of Tragedy , which represented one of the first serious attempts made by a British philosopher to assess the significance of tragic drama for ethical, and indeed metaphysical theory. Since then we have had a variety of books touching on related topics: for instance, Dr George Steiner's Death of Tragedy and Mr Raymond Williams’ most recent, elusive and interesting essay, Modern Tragedy. To entitle an (...) essay Theology and Tragedy might be thought to invite needless trouble for oneself; to indulge to a dangerous degree the human intellectual obsession of supposing that ‘the meaning of a word is an object’. After all, if one confines one's regard to the Greeks, one has to recognise that between the treatments of their common theme of Electra , Sophocles and Euripides are in fact doing very different things. There is no gainsaying the significance for Euripides of the postponement of the murder of Clytemnestra till after that of Aegisthus, still less of his introduction into the play of the morally upright peasant, who has had the banished Electra in his keeping, and whose simple integrity contrasts both with the corruption of the court and the obsessive preoccupation with a dreadful, supposed duty of brother and sister. The element of propaganda is unmistakable; while in Sophocles’ Electra it is altogether absent, although Dr Victor Ehrenberg in his very interesting monograph on Sophocles and Pericles has argued strongly for an element of subtle political commentary in the treatment of Oedipus in the Oedipus Tyrannus , and of Pocreon in the Antigone. These remarks may serve to show that the title does not express a blind indifference to the multiple complexity of those works which we class together as tragedies. They are inherently complex, and various in emphasis; at best we can discern a family resemblance between them, and, in an essay like this, the author runs the risk not only of selecting examples tailor-made to his thesis, but also of imposing an appearance of similarity of conception where it is at least equally important to stress differences. (shrink)

In this essay I endeavor to provide such an account, and describe at a pretheoretical level an embodied subjectivity at odds with its own state of embodiment, and on the other hand, to explore the limited agency induced by constraints that fall upon an embodied subject who is compelled to live a body which is free to engage the various possibilities of the world in every respect except one, within the context of an intercorporeal social reality. This description will provide (...) a sound ontological foundation where the central place of embodiment in the abortion debate can be re-asserted and properly taken into account. What this description will reveal is the ontological drama of such “aversely pregnant subjectivities” at a time when ever more legislation is being passed that poses ever more restrictions on reproductive rights of women in the United States. This investigation is all the more pertinent in light of Justice Anthony Kennedy’s recent announcement that he is retiring from the U.S. Supreme Court, which may well put the right to legal abortions in jeopardy. My highest ambition, however, is to convey the significance of these restrictions to those who have never been and never can become pregnant, but who by and large determine the polices that play a substantial role in shaping such subjectivities. (shrink)

Most philosophers of criminal law agree that between criminal offences and defences there is a significant, substantial difference. It is a difference, however, that has proved hard to pin down. In recent work, Duff and others have suggested that it mirrors the distinction between criminal answerability and liability to criminal punishment. Offence definitions, says Duff, are—and ought to be—those action-types ‘for which a defendant can properly be called to answer in a criminal court, on pain of conviction and condemnation if (...) she cannot offer an exculpatory answer’; and defences are ‘exculpatory answers’ that ‘block the transition from responsibility to liability’. I criticise this answerability-based account of the offence/defence divide. It is descriptively false, I claim, as well as normatively unappealing. (shrink)

A neglected source for the text of Marcus Aurelius’ Meditations is to be found in the writings of the Byzantine theologian Joseph Bryennius, who seems to have been born about 1350 and to have died before the Council of Florence , probably in 1430/1. He was a monk who was also a scholar, a theologian, and an ecclesiastical diplomat. He spent the years 1382–1402 in Crete , and was sent in 1406 on a mission of ecclesiastical diplomacy to Cyprus. Otherwise (...) the greater part of his life was spent in Constantinople; from about 1402 to 1406 he lived at the monastery of Stoudios, from 1416 to 1427 at that of Charsianeites. He was a court preacher, and as a theologian upheld the claims of the Greek Church against the Roman; among his published works are twenty-one Discourses on the Trinity maintaining the Greek Orthodox position. (shrink)

A neglected source for the text of Marcus Aurelius’Meditationsis to be found in the writings of the Byzantine theologian Joseph Bryennius, who seems to have been born about 1350 (details of his early life are obscure) and to have died before the Council of Florence (1438), probably in 1430/1. He was a monk who was also a scholar, a theologian, and an ecclesiastical diplomat. He spent the years 1382–1402 in Crete (then under Venetian rule), and was sent in 1406 on (...) a mission of ecclesiastical diplomacy to Cyprus. Otherwise the greater part of his life was spent in Constantinople; from about 1402 to 1406 he lived at the monastery of Stoudios, from 1416 to 1427 at that of Charsianeites. He was a court preacher, and as a theologian upheld the claims of the Greek Church against the Roman; among his published works are twenty-oneDiscourses on the Trinitymaintaining the Greek Orthodox position. (shrink)

The early handbooks of rhetoric compiled by Tisias and Corax and their successors seem to have been directed entirely at successful speaking in courts of law. This was the art that Strepsiades set out to learn in the Philosopher's Thinking-shop; this, Isocrates complains, was the only object of technical writers on rhetoric before his time; and Aristotle, when he wrote the chapter that stands first in hisRhetoric, made just the same complaint: τς ατς oσμς μεθδoυ περι τ δημηγoρικτ και δικανικ (...) και καλλιoνoς και πoλιτικωτραςτς δημηγoρικς πραγματειας oςηρ oσης τς περι τ ςυναλλγματα, πει μν κεινης oδν λγoυγι, περι δικξεσθαι πντες πειρνται τεχνoλoγειν. The art as the Sophists practised it was by no means so limited in its application: many of them were accustomed to playing the parts of statesmen and diplomats as well as of educators; and the most notorious field for their powers of oratory was of course the lecture or πιδειξις. But the systems of rhetoric that they devised and taught did not cover their own practice; and forensic oratory, as well as seeming the most commonly necessary kind at that time, was also, it must be said, the easiest to reduce to rule. Gorgias, it is true, professed to teach a rhetoric of more extended application, by means of which his pupils would be able to produce conviction in any public assembly;* but we must conclude that this wider field was at least very imperfectly treated in all the technical systems of the time. Plato shortly describes the position thus:μλιστα μν πως περι τς δικας λγεται τε και γρφεται τχν, λγεται δ και περι δημηγoριας π ι πλo≠ δ oκκoα. (shrink)

Between 1234 and 1258 King Henry III, having emerged from the tutelage of ministers inherited from his father, controlled the government of England himself. Looking at this period of personal rule, it would be easy to gain the impression that Henry's kingship, in its theory, and also to some extent its practice, challenged the position of the magnates. M. T. Clanchy, for example, in a justly famous article has suggested that in the 1240s and 1250s Henry III evolved a theory (...) of royal absolutism, a theory which had threatening implications for the magnates. He has also stressed the extent to which Henry was “the initiator both of the methods and of the theory” behind Edward I's quo warranto campaign, which questioned the liberties possessed by the magnates in the field of local government. As for Henry's court, the impression has been given by R. F. Treharne that few English barons were present there, and that the king was largely surrounded by officials and foreign relatives — the latter being his wife's Savoyard uncles and his own Poitevin half-brothers of the house of Lusignan. G. W. S. Barrow has written that Henry “appeared to be excluding the barons as a class from membership of his royal council.” The question whether Henry, like his father John, was pressing magnates to pay their debts has never been investigated; but Matthew Paris's picture of the king as a “vigilant and indefatigable searcher after money” might indicate that the revolution of 1258, like that of 1215, was a “rebellion of the king's debtors.”. (shrink)

The American tort system regularly conducts a sort of lottery in which plaintiffs try to name as many defendants in a tort action as they can in order to collect a large judgment from at least one of them. This procedure is encouraged under strict joint and several liability, which permits plaintiffs to recover greater damages from defendants - usually businesses - with less moral culpability for the tort than poorer defendants, who bear greater culpability. In a case involving the (...) Disney Corporation and a negligent amusement park rider, for instance, Disney was forced to pay 86% of the court award to the plaintiff, even though the jury found the company to be only 1% liable for the injury. The legal principle of joint and several liability violates morality in several different ways. Even though the principle appears to be better in the short run for plaintiffs, I will show that it fails not only to satisfy utilitarianism, but compensatory justice as well. Hence, the legal principle of joint and several liability should be eliminated in favor of a better, fairer law, which I will briefly sketch at the end. (shrink)

Within the United States, the most prominent justification for criminal punishment is retributivism. This retributivist justification for punishment maintains that punishment of a wrongdoer is justified for the reason that she deserves something bad to happen to her just because she has knowingly done wrong—this could include pain, deprivation, or death. For the retributivist, it is the basic desert attached to the criminal’s immoral action alone that provides the justification for punishment. This means that the retributivist position is not reducible (...) to consequentialist considerations nor in justifying punishment does it appeal to wider goods such as the safety of society or the moral improvement of those being punished. A number of sentencing guidelines in the U.S. have adopted desert as their distributive principle, and it is increasingly given deference in the “purposes” section of state criminal codes, where it can be the guiding principle in the interpretation and application of the code’s provisions. Indeed, the American Law Institute recently revised the Model Penal Code so as to set desert as the official dominate principle for sentencing. And courts have identified desert as the guiding principle in a variety of contexts, as with the Supreme Court’s enthroning retributivism as the “primary justification for the death penalty.” While retributivism provides one of the main sources of justification for punishment within the criminal justice system, there are good philosophical and practical reasons for rejecting it. One such reason is that it is unclear that agents truly deserve to suffer for the wrongs they have done in the sense required by retributivism. In the first section, I explore the retributivist justification of punishment and explain why it is inconsistent with free will skepticism. In the second section, I then argue that even if one is not convinced by the arguments for free will skepticism, there remains a strong epistemic argument against causing harm on retributivist grounds that undermines both libertarian and compatibilist attempts to justify it. I maintain that this argument provides sufficient reason for rejecting the retributive justification of criminal punishment. I conclude in the third section by briefly sketching my public health-quarantine model, a non-retributive alternative for addressing criminal behavior that draws on the public health framework and prioritizes prevention and social justice. I argue that the model is not only consistent with free will skepticism and the epistemic argument against retributivism, it also provides the most justified, humane, and effective way of dealing with criminal behavior. (shrink)

Many members of the public think of the General Medical Council (GMC) as the body which tries doctors: the doctors' law courts, as it were. And, except in the more sober of newspapers and news reports, the 'offences ' which receive the most publicity are those concerning alleged improper relations between doctors and patients. Professor Sir Denis Hill, in the following paper, which he read in the spring of this year to the annual conference of the London Medical Group devoted (...) to a discussion of human sexuality, chose to examine the whole function of the General Medical Council as a frame of moral reference for doctors. Judging allegations of professional misconduct by doctors is the function of the Council's Disciplinary Committee. Judging sexual misconduct forms only a small part of their work. The GMC's responsibility covers the whole notion of morals and morality as it concerns doctors in their professional work. Sir Denis Hill stresses the modern thinking that morality must be learned and that attitudes are always shifting as society alters its norms of what is moral conduct. That is not to say that all that was previously considered not to be moral has now become acceptable but rather that other concepts have entered the field of moral debate. Therefore the GMC must constantly review the frame of reference it offers to doctors and the public may be surprised to learn that that process is never static. Sir Denis Hill in this paper is speaking personally and not as a member of the General Medical Council or of any of that body's special committees. (shrink)

Brown famously held that in the field of public education, segregation has no place. But segregation was undefined. Was segregation constituted by mere racial classification, by the fact that the state had divided children into racial groups? Or did Brown condemn a caste system whose effect was to stigmatize black children. In Parents Involved v. Seattle Justice Roberts says segregation is about children not black children. This colorblind approach represents both a rewriting and appropriation of Brown in the service of (...) formalism. The Roberts court writes not only a new version of Brown but a new historical narrative about the meaning of segregation. The theme of this new story is formal equality - equality of opportunity only - as a universal ideal. This new story is woven entirely out of the language of Brown detached from all historical context. Conservatives have long canonized Brown. It has been a kind of second constitution for the second reconstruction. But how does this new story compare to the original understanding ?: Was this the evil that Brown denounced? By framing the issue in this way the paper seeks to make an end run around an impasse in our social and legal debate. Many progressive scholars have challenged the conservative conception of formal equality by suggesting alternative ways of thinking about it: anti-subordination models, a heightened call that equality should take issues of racial caste into account. But this external critique has stalled, perhaps in part because of the slippery indeterminacy of normative ideals. Segregation is far more determinate; it is something that has been concretized not only by the lived experience of black people, but by an earlier realist tradition on the part of the Warren court which saw it as it was. Retelling the two parts of this forgotten history we expose the disconnect between the Supreme Court's universalism and the actual meaning of segregation in context. Also, by focusing on the original understanding we seek a kind of internal critique showing how the politics of historical revision does not withstand the conservatives own interpretive approach. (shrink)

Ongoing legislative proposals to overhaul United States immigration policy look very much like a new wave of nativism is sweeping the Congress. The movement, mounted in early 1995, is in full swing to limit immigrant populations from arriving, settling, producing, and benefiting as our parents' generations have done. Legislators and the courts are now considering the most complete antiimmigration social legislation since the decades following the First World War.

For years, the collection of DNA samples from individuals arrested for criminal misconduct has been advocated by police officials and endorsed by politicians. Louisiana, Virginia, California, and South Dakota have adopted laws to add DNA profiles derived from these samples to their DNA databases. Texas provides for DNA to be taken after indictment but before conviction. Although the U.S. Department of Justice initially shied away from the issue, the DNA Fingerprint Act of 20055 authorizes the collection of DNA from individuals (...) arrested for violations of certain federal criminal laws, and the inclusion in the national DNA database of all profiles from states that type DNA prior to conviction.But are these laws constitutional? In an article in a previous issue of this journal, and reprinted in this issue, Professor Tracey Maclin concludes that fidelity to precedent should lead the Supreme Court to strike down the Louisiana and Virginia laws as violations of the Fourth Amendment. (shrink)

Due Process is one of the most interesting and conceptually challenging areas of the common law, and in recent years there has been a major revival of interest in the sheer range and applicability of the term. In this major new book, the author of the widely admired Discretionary Powers offers a study of the underlying principles of due process and fair procedures, and sets the discussion within a broad comparative and theoretical framework. In landmark decisions such as Ridge v. (...) Baldwin the courts in Britain and other parts of the Commonwealth have begun to recognize the importance of procedural fairness across a broad spectrum of official powers and decisions. Principles have begun to emerge, and yet the courts have not yet developed an approach which is entirely adequate to the task. In this timely book, the author traces the development of these principles within a framework which includes analysis and critique of legal developments in the major common law jurisdictions, and which relates these developments to similar ideas under both the European Convention on Human Rights and the American Constitution. Original, scholarly and thought-provoking, this major new study will be required reading for lawyers with interests in public law, civil and criminal procedure, civil liberties, legal theory and comparative law. (shrink)

Background. South African surrogacy law includes a provision, known as the genetic link requirement, that commissioning parents must use their own gametes for the conception of a surrogate child. As a result, infertile persons who cannot contribute gametes for the conception of a child are prohibited from accessing surrogacy as a way to establish families. The genetic link requirement was previously the subject of a constitutional challenge, but the challenge was rejected by a divided Constitutional Court bench with a seven-to-four (...) majority. The genetic link requirement is again being challenged in a new lawsuit.Objective. In light of the history of the issue, this article investigates the viability of relying on infertile persons’ right to family life in the new lawsuit. Method. The investigation takes the form of a human rights analysis.Results. The right to family life was not considered in the previous case. As such, the right to family life constitutes a new legal issue that falls outside the scope of the precedent set by the Constitutional Court, and can therefore be relied upon. The genetic link requirement is a clear violation of infertile persons’ right to family life, which includes the right to establish a family. Potential justifications for such violation are considered, but found wanting. Accordingly, the genetic link requirement is unconstitutional and should be struck out.Conclusion. The outcome of the previous lawsuit was an injustice towards infertile persons. The new lawsuit presents an opportunity for this injustice to be rectified by vindicating infertile persons’ right to family life. (shrink)

In lieu of an abstract, here is a brief excerpt of the content: Reviewed by:Art and Politics in Roger Scruton’s Conservative Philosophy by Ferenc HÖRCHERD. N. ByrneHÖRCHER, Ferenc. Art and Politics in Roger Scruton’s Conservative Philosophy. Palgrave Macmillan, 2022. vii + 404 pp. Cloth, $129.99The intellectual legacy of Sir Roger Scruton defies the conventional wisdom that conservatism is a mood or sensibility rather than a systematic body of ideas. Then, as Hörcher indicates, Scruton was never a particularly conventional thinker. Against (...) the current that equated intellectualism with political critique, Scruton espoused traditionalism, community ahead of individualism, and order against pluralism. Against the current as well, he took his reflections to the court of public opinion rather than to the halls of academe. (shrink)