The other contributions address philosophical problems arising in specific domains of international law, such as human rights law, international economic law, ...

John Rawls argued in The Law of Peoples that we should reject any principle of international distributive justice, whether in ideal theory or nonideal theory. Instead, he advocated a duty of assistance on the part of well‐ordered societies toward burdened societies. I argue that Rawls is correct that we should endorse a principle with a target and cut‐off point rather than a principle of international distributive justice. But the target and cut‐off point he favors is too undemanding, because it (...) can be met by assisting a burdened society to become a decent people. Instead, only a society that respects the right to an adequate standard of living, and not simply a right to subsistence, can be an acceptable target. Rawls is prevented from drawing this conclusion by a failure to disentangle issues of intervention and assistance, a failure bound up with his flawed, intervention‐driven account of human rights in defining a decent people. (shrink)

This article offers an overview of the main first-order ethical questions raised by robots and Artificial Intelligence (RAIs) under five broad rubrics: functionality, inherent significance, rights and responsibilities, side-effects, and threats. The first letter of each rubric taken together conveniently generates the acronym FIRST. Special attention is given to the rubrics of functionality and inherent significance given the centrality of the former and the tendency to neglect the latter in virtue of its somewhat nebulous and contested character. In addition to (...) exploring some illustrative issues arising under each rubric, the article also emphasizes a number of more general themes. These include: the multiplicity of interacting levels on which ethical questions about RAIs arise, the need to recognise that RAIs potentially implicate the full gamut of human values (rather than exclusively or primarily some readily identifiable sub-set of ethical or legal principles), and the need for practically salient ethical reflection on RAIs to be informed by a realistic appreciation of their existing and foreseeable capacities. -/- . (shrink)

In philosophical writings, the practice of punishment standardly features as a terrain over which comprehensive moral theories—in the main, versions of ‘consequentialism’ and ‘deontology’—have fought a prolonged and inconclusive battle. The grip of this top-down model of the relationship between philosophical theory and punitive practice is so tenacious that even the most seemingly innocent concern with the ‘consequences’ of punishment is often read, if not as an endorsement of consequentialism, then at least as the registering of a consequentialist point. But (...) to suppose that repentance or crime prevention, for example, are goods that punishment characteristically aims to secure is hardly to endorse the maximization of some value or set of values as the fundamental criterion of moral rightness. Equally, an appeal to desert or rights in the justification of punishment does not commit one to the deontological claim that these norms have a basis independent of human interests. This suggests that the prevalence of the top-down model may owe more to the inertia of established usage, or the temptations of over-intellectualization, than one might initially have supposed. (shrink)

[Thomas Hurka] Using Bernard Suits's brilliant analysis of playing a game, this paper examines the intrinsic value of game-playing. It argues that two elements in Suits's analysis make success in games difficult, which is one ground of value, while a third involves choosing a good activity for the property that makes it good, which is a further ground. The paper concludes by arguing that game-playing is the paradigm modern as against classical value: since its goal is intrinsically trivial, its value (...) is entirely one of process rather than product, journey rather than destination. /// [John Tasioulas] This paper contends that play, not achievement, is the primary intrinsic good internal to game-playing, and supports a relational, as opposed to formal, conception of achievement. (shrink)

The orthodox conception of human rights holds that human rights are moral rights possessed by all human beings simply in virtue of their humanity. In recent years, advocates of a 'political' conception of human rights have criticized this view on the grounds that it overlooks the distinctive political function performed by human rights. This article evaluates the arguments of two such critics, John Rawls and Joseph Raz, who characterize the political function of human rights as that of potential triggers (...) for intervention by one society against another. (shrink)

The article begins with reflections on the nature, and basis, of human rights considered as moral standards. It recommends an orthodox view of their nature, as moral rights possessed by all human beings simply in virtue of their humanity and discoverable through the workings of natural reason, that makes them strongly continuous with natural rights. It then offers some criticisms of recent attempts to depart from orthodoxy by explicating human rights by reference to the supposedly constitutive connection they bear to (...) the matter of political legitimacy. The second half of the article turns to the legitimacy of international law, with a special focus on international human rights law. An account is sketched of the legitimacy of international law based on the service conception of legitimate authority. The article concludes by discussing three sources of potential limitations on international law’s legitimacy: pluralism, freedom (sovereignty) and exceptionalism. (shrink)

Using Bernard Suits’s brilliant analysis (contra Wittgenstein) of playing a game, this paper examines the intrinsic value of game-playing. It argues that two elements in Suits’s analysis make success in games difficult, which is one ground of value, while a third involves choosing a good activity for the property that makes it good, which is a further ground. The paper concludes by arguing that game-playing is the paradigm modern (Marx, Nietzsche) as against classical (Aristotle) value: since its goal is intrinsically (...) trivial, its value is entirely one of process rather than product, journey rather than destination. (shrink)

This article offers an integrated account of two strands of global health justice: health-related human rights and health-related common goods. After sketching a general understanding of the nature of human rights, it proceeds to explain both how individual human rights are to be individuated and the content of their associated obligations specified. With respect to both issues, the human right to health is taken as the primary illustration. It is argued that the individuation of the right to health is fixed (...) by reference to the subject matter of its corresponding obligations, and not by the interests it serves, and the specification of the content of that right must be properly responsive to thresholds of possibility and burden. The article concludes by insisting that human rights cannot constitute the whole of global health justice and that, in addition, other considerations—including the promotion of health-related global public goods—should also shape such policy. Moreover, the relationship between human rights and common goods should not be conceived as mutually exclusive. On the contrary, there sometimes exists an individual right to some aspect of a common good, including a right to benefit from health-related common goods such as programmes for securing herd immunity from diphtheria. (shrink)

What is the nature of law as a form of social order? What bearing do values like justice, human rights, and the rule of law have on law? Which values should law serve, and what limits must it respect in serving them? Are we always morally bound to obey the law? What are the philosophical problems that arise in specific areas of law, from criminal and tort law to contract law and public international law? The book provides an accessible, comprehensive, (...) and high quality introduction to the major themes of legal philosophy written by a stellar international cast of contributors, including John Finnis, Martha Nussbaum, Fred Schauer, Onora O'Neill and Antony Duff. The volume is an exceptional teaching tool that provides a critical introduction to cutting-edge work in the philosophy of law. (shrink)

Mercy is a form of charity towards wrongdoers that justifies punishing them less severely than they deserve according to justice. Three main objections to mercy, or its exercise by organs of the state-that it is irrational, unjust and procedurally unfair-are addressed in the course of defending mercy as a value that has a place in deliberation about criminal punishment. The paper draws on both the communicative theory of punishment and aspects of existing legal practice in mounting this defence.

Various disastrous consequences have been attributed to ethical relativism, ranging from increased crime rates to the decline of Western cultural values. While sceptical about such empirical claims, this article contends that relativism has subv ersive interpretative consequences, i.e. those pertaining to the viability of our ethical self‐understanding. The main such consequence is its subversion of the idea of ethical critique, which in turn undermines (i) the distinction between reason and power and (ii) the idea of ethical progress. In defending consequence (...) (i), a critique is offered by Ronald Dworkin's arguments to the effect that no meta‐ethical view can have subversive practical implications. In defending consequence (ii), anti‐relativism is distinguished from historicism, chauvinism and ethical monism. Doubts are then raised about various strategies for re‐investing relativism with critical power. The article concludes with the suggestion that relativism's consequences warrant a presumption against its acceptance. (shrink)

The flourishing of citizen science is an exciting phenomenon with the potential to contribute significantly to scientific progress. However, we lack a framework for addressing in a principled and effective manner the pressing ethical questions it raises. We argue that at the core of any such framework must be the human right to science. Moreover, we stress an almost entirely neglected dimension of this right—the entitlement it confers on all human beings to participate in the scientific process in all of (...) its aspects. We then explore three of its key implications for the ethical regulation of citizen science: the positive obligations imposed by the right on the state and other agents to recognize and promote citizen science, the convective nature of the participation in science facilitated by the right and the potential to mobilize the right in rolling back the unprecedented expansion of intellectual property regimes. (shrink)

The paper undertakes a critical examination of three key strands- relativism, antirealism, and reflection- in Bernard Williams's sceptical interpretation of ethical thought. The anti-realist basis of Williams's 'relativism of distance' is identified and the way this threatens to render his relativism more subversive than initially appears. Focusing on Williams's anti-realism, the paper argues that it fails because it is caught on the horns of a dilemma: either it draws on a conception of reality that is metaphysically incoherent, or else it (...) employs a 'best explanation' criterion that question-beggingly excludes from further consideration the sort of reason-based explanations that disclose ethical properties to be real. Finally, it is noted that Williams's relativism and anti-realism destabilize his picture of ethical reflection. (shrink)

This chapter begins by considering the nature of justice, and then discusses justice as a subjective right, justice eclipsed, basic human equality, natural rights, and the transformation of natural rights into human rights.

This article offers a critique of Ronald Dworkin’s article “A New Philosophy for International Law”, (Philos Public Aff 41: 1–30, 2013). It begins by showing that Dworkin’s moralised theory of law is built on two highly questionable background assumptions. On the one hand, a descriptively implausible characterisation of a positivist-voluntarist view of international law as the reigning “orthodoxy”. On the other hand, the methodologically questionable assumption that a theory of international law must discharge the dual function of explaining the validity (...) of international law in a manner that underwrites its presumptive legitimacy. In its core part, the article then offers a sustained criticism of Dworkin’s moralised account of the validity and legitimacy of international law. Various problems are identified with the “principle of salience” that Dworkin offers in place of consent as a ground for international law. A key concern is the difficulties that stem from Dworkin’s willingness to proceed on the “fantasy” assumption that his theory needs to get off the ground, i.e. that there is an international court with compulsory jurisdiction and reliable mechanisms for enforcing its judgements. Finally, the article concludes with some thoughts on how Dworkin’s “fantasy-based” approach led him to over-estimate the degree to which international law can be a vehicle for the global spread of liberal democratic values. More minimalist ambitions for international legal order, along the lines suggested by John Rawls inThe Law of Peoples, seem more realistic. (shrink)

A collection of essays which explore aspects of the myriad relationships (meta-theoretical, conceptual, epistemic, institutional and normative) between law, values and social practices.

abstract A critical discussion of R. A. Duff's account of 'internal' and 'external' criticism using two examples drawn from recent work on international justice — Pogge on global poverty and Duff on international criminal jurisdiction.

The esteemed psychologist and thinker John Dewey headed for previously unexplored philosophical territory with this influential work. Written shortly after World War I, it embodies Dewey's system of pragmatic humanism and maintains that individuals can attain "a more ordered and intelligent happiness" by reconsidering the ultimate effects of their deepest beliefs and feelings. With its promise of achieving an understanding of the past and attaining a brighter future, Reconstruction in Philosophy remains ever relevant. "A modern classic." — Philosophy and (...) Phenomenological Research. (shrink)

With precision and profundity born of 30 years of devoted study, John Boyle offers an essential introduction to St. Thomas Aquinas on Scripture, shedding helpful light on the goals, methods, and commitments that animate the Angelic Doctor's engagement with the sacred page. Because the genius of St. Thomas's approach to the Bible lies not so much in its novelty but rather in the fidelity and clarity with which he recapitulates the riches of the preceding interpretive Tradition, this initiation into (...) St. Thomas's vision of Scripture is itself an orientation to the Church's vision of Scripture, from the Fathers through and beyond the Middle Ages. St. Thomas's embeddedness within the Church's Tradition and his own historical context is integral to his approach to Scripture, yet it sets him at some distance from modern readers, for whom his interpretive vision may seem perplexing or even impenetrable. In this Primer, Boyle first provides an acclimation to this medieval context through a survey and explanation of pertinent technical terminology used by St. Thomas and characteristic of the scholastic theology of the time. With an eye to the medieval practice of considering Scripture according to the fourfold division of causes, Boyle builds on this initial foundation by exploring in turn St. Thomas's accounts of the end or use of Scripture (final cause), its divine and human authorship (efficient cause), its order and division (material cause), and its literary styles or genres (formal cause). Drawing on writings from across St. Thomas's corpus, but especially his work On the Commendation and Division of Sacred Scripture and the prologues to his biblical commentaries, Boyle masterfully elucidates both the hermeneutical principles and deep wisdom of the Angelic Doctor's approach to Scripture, imparting invaluable guidance not only for reading and understanding St. Thomas and other great masters of the Tradition, but also-and ultimately-for understanding Scripture in light of this Tradition and reading it with greater benefit and joy. (shrink)

Despite recurring efforts, a gap exists across a variety of contexts between the protection of patients' safety in theory and in practice. This timely Research Handbook highlights these critical issues and suggests both legal and policy changes are necessary to better protect patients' safety. Multidisciplinary in nature, this Research Handbook features contributions from eminent academics, policy makers and medical practitioners from the Global North and South, discussing the essential facets concerning patient safety and the law. It highlights how the role (...) of legislation and case law has the potential to influence, both positively and negatively, medical practice and the quality of care. Chapters explore patient safety and the global health agenda; physiotherapy; 'non-therapeutic' clinical research with children; patient safety awareness in healthcare education; and the increasing use of robotics and artificial intelligence in healthcare. Outlining a wide range of international perspectives on patient safety and the law, this Research Handbook will appeal to academics and researchers specialising in health and medical law, human rights and healthcare regulation. It will also serve as a valuable resource for legal and medical practitioners alike, as well as clinicians and professionals working in healthcare governance. (shrink)

The notion of proof is central to mathematics yet it is one of the most difficult aspects of the subject to teach and master. In particular, undergraduate mathematics students often experience difficulties in understanding and constructing proofs. Understanding Mathematical Proof describes the nature of mathematical proof, explores the various techniques that mathematicians adopt to prove their results, and offers advice and strategies for constructing proofs. It will improve students’ ability to understand proofs and construct correct proofs of their own. The (...) first chapter of the text introduces the kind of reasoning that mathematicians use when writing their proofs and gives some example proofs to set the scene. The book then describes basic logic to enable an understanding of the structure of both individual mathematical statements and whole mathematical proofs. It also explains the notions of sets and functions and dissects several proofs with a view to exposing some of the underlying features common to most mathematical proofs. The remainder of the book delves further into different types of proof, including direct proof, proof using contrapositive, proof by contradiction, and mathematical induction. The authors also discuss existence and uniqueness proofs and the role of counter examples. (shrink)

This volume of The Subjection of Women provides a reliable text in an inexpensive edition, with explanatory notes but no additional editorial apparatus. -/- .

Theories of discourse bring to realism new ideas about how knowledge develops and how representations of reality are influenced. We gain an understanding of the conceptual aspect of social life and the processes by which meaning is produced. This collection reflects the growing interest realist critics have shown towards forms of discourse theory and deconstruction. The diverse range of contributions address such issues as the work of Derrida and deconstruction, discourse theory, Eurocentrism and poststructuralism. What unites all of the contributions (...) is a sense that it is essential to provide a realist alternative to the hitherto dominance of social constructionism, hermeneutics and postmodernism, over many of the issues discussed. By developing a realist perspective the different authors attempt to embed discourse within the structured nature of the reality of the world. Realism can situate language, discourse and ideology within context specific, or 'causally efficacious' circumstances. Realism can help to uncover issues of power, representation, and subjectivity and how discursive and other social practices produce real effects. This can help us understand the manner in which social structures are reproduced through various forms of ideology and discourse. And by knowing this, we can start to address questions concerning human emancipation and how the world is to be transformed. (shrink)

This vital study offers a new interpretation of Hume's famous "Of Miracles," which notoriously argues against the possibility of miracles. By situating Hume's popular argument in the context of the 18th century debate on miracles, Earman shows Hume's argument to be largely unoriginal and chiefly without merit where it is original. Yet Earman constructively conceives how progress can be made on the issues that Hume's essay so provocatively posed about the ability of eyewitness testimony to establish the credibility of marvelous (...) and miraculous events. (shrink)

Part One reviews some recent history of epistemology, focusing on ways in which the intellectual virtues have been invoked to solve specific epistemological problems. This part gives a sense of the contemporary landscape that has emerged and clarifies some of the disagreements among those who invoke the virtues in epistemology. Part Two explores some problems about knowledge in greater detail, and defends a externalist approach in virtue epistemology.

A Norton Library edition of Locke's Second Treatise of Government, edited by A. John Simmons.