The illusory appeal of double effect -- The significance of intent -- Means and ends -- Blame.

With a new foreword by Jonathan Lear 'Remarkably lively and enjoyable…It is a very rich book, containing excellent descriptions of a variety of moral theories, and innumerable and often witty observations on topics encountered on the way.' -_ Times Literary Supplement_ Bernard Williams was one of the greatest philosophers of his generation. Ethics and the Limits of Philosophy is not only widely acknowledged to be his most important book, but also hailed a contemporary classic of moral philosophy. Drawing on the (...) ideas of the Greek philosophers, Williams reorients ethics away from a preoccupation with universal moral theories towards ‘truth, truthfulness and the meaning of an individual life’. He explores and reflects upon the most difficult problems in contemporary philosophy and identifies new ideas about central issues such as relativism, objectivity and the possibility of ethical knowledge. This edition also includes a commentary on the text by A.W.Moore. At the time of his death in 2003, Bernard Williams was hailed by the Times as 'the outstanding moral philosopher of his age.' He taught at the Universities of Cambridge, Berkeley and Oxford and is the author of many influential books, including _Morality; Descartes: The Project of Pure Enquiry_ and _Truth and Truthfulness_. (shrink)

Elizabeth Telfer; XIII*—Friendship, Proceedings of the Aristotelian Society, Volume 71, Issue 1, 1 June 1971, Pages 223–242, https://doi.org/10.1093/aristotelia.

I SHALL develop, in this article, certain distinctions suggested by recent contributions to the philosophical discussion of punishment, which help to clarify the issues involved. Having separated out what I consider the four central philosophical questions, I shall suggest an approach to them, which, while mainly utilitarian, takes due account, I believe, of the retributivist case where it is strongest, and meets the main retributivist objections.

To understand one another as individuals and to fulfill the moral duties that require such understanding, we must communicate with each other. We must also maintain protected channels that render reliable communication possible, a demand that, Seana Shiffrin argues, yields a prohibition against lying and requires protection for free speech. This book makes a distinctive philosophical argument for the wrong of the lie and provides an original account of its difference from the wrong of deception. Drawing on legal as well (...) as philosophical arguments, the book defends a series of notable claims—that you may not lie about everything to the "murderer at the door," that you have reasons to keep promises offered under duress, that lies are not protected by free speech, that police subvert their mission when they lie to suspects, and that scholars undermine their goals when they lie to research subjects. Many philosophers start to craft moral exceptions to demands for sincerity and fidelity when they confront wrongdoers, the pressures of non-ideal circumstances, or the achievement of morally substantial ends. But Shiffrin consistently resists this sort of exceptionalism, arguing that maintaining a strong basis for trust and reliable communication through practices of sincerity, fidelity, and respecting free speech is an essential aspect of ensuring the conditions for moral progress, including our rehabilitation of and moral reconciliation with wrongdoers. (shrink)

IN THIS PAPER I CONSIDER THE VALUE OF FRIENDSHIP FROM AN ARISTOTELIAN POINT OF VIEW. THE ISSUE IS OF CURRENT INTEREST GIVEN RECENT CHALLENGES TO IMPARTIALIST ETHICS TO TAKE MORE SERIOUSLY THE COMMITMENTS AND ATTACHMENTS OF A PERSON. HOWEVER, I ENTER THAT DEBATE IN ONLY A RESTRICTED WAY BY STRENGTHENING THE CHALLENGE ARTICULATED IN ARISTOTLE'S SYSTEMATIC DEFENSE OF FRIENDSHIP AND THE SHARED LIFE. AFTER SOME INTRODUCTORY REMARKS, I BEGIN BY CONSIDERING ARISTOTLE'S NOTION THAT GOOD LIVING OR HAPPINESS ("EUDAIMONIA") FOR AN (...) INDIVIDUAL NECESSARILY INCLUDES THE HAPPINESS OF OTHERS. SHARED HAPPINESS ENTAILS THE RATIONAL CAPACITY FOR JOINTLY PROMOTING COMMON ENDS AS WELL AS THE CAPACITY TO IDENTIFY WITH AND COORDINATE SEPARATE ENDS. THIS EXTENDED NOTION OF HAPPINESS PRESUPPOSES THE EXTENSION OF SELF THROUGH ATTACHMENTS, AND I NEXT CONSIDER CERTAIN MINIMAL CONDITIONS NECESSARY FOR ATTACHMENT. FINALLY, I DISCUSS HOW ARISTOTLE'S NOTION OF A FRIEND AS "ANOTHER SELF" IS COMPATIBLE BOTH WITH A CONCEPTION OF THE SEPARATENESS OF THE INDIVIDUALS AND OF THE DISTINCTIVE WAYS IN WHICH EACH INDIVIDUAL REALIZES VIRTUE WITHIN A SHARED LIFE. (shrink)

Should laws about sex and pornography be based on social conventions about what is disgusting? Should felons be required to display bumper stickers or wear T-shirts that announce their crimes? This powerful and elegantly written book, by one of America's most influential philosophers, presents a critique of the role that shame and disgust play in our individual and social lives and, in particular, in the law.Martha Nussbaum argues that we should be wary of these emotions because they are associated in (...) troubling ways with a desire to hide from our humanity, embodying an unrealistic and sometimes pathological wish to be invulnerable. Nussbaum argues that the thought-content of disgust embodies "magical ideas of contamination, and impossible aspirations to purity that are just not in line with human life as we know it." She argues that disgust should never be the basis for criminalizing an act, or play either the aggravating or the mitigating role in criminal law it currently does. She writes that we should be similarly suspicious of what she calls "primitive shame," a shame "at the very fact of human imperfection," and she is harshly critical of the role that such shame plays in certain punishments.Drawing on an extraordinarily rich variety of philosophical, psychological, and historical references--from Aristotle and Freud to Nazi ideas about purity--and on legal examples as diverse as the trials of Oscar Wilde and the Martha Stewart insider trading case, this is a major work of legal and moral philosophy. (shrink)

Alfredo Traps in Durrenmatt’s tale discovers that he has brought off, all by himself, a murder involving considerable ingenuity. The mock prosecutor in the tale demands the death penalty “as reward for a crime that merits admiration, astonishment, and respect.” Traps is deeply moved; indeed, he is exhilarated, and the whole of his life becomes more heroic, and, ironically, more precious. His defense attorney proceeds to argue that Traps was not only innocent but incapable of guilt, “a victim of the (...) age.” This defense Traps disavows with indignation and anger. He makes claim to the murder as his and demands the prescribed punishment—death. (shrink)

How can a system of criminal punishment be justified? In particular can it be justified if the moral demand that we respect each other as autonomous moral agents is taken seriously? Traditional attempts to justify punishment as a deterrent or as retribution fail, but Duff suggests that punishment can be understood as a communicative attempt to bring a wrong-doer to repent her crime. This account is supported by discussions of moral blame, of penance, of the nature of the law's demands, (...) and of the proper meaning and purpose of the criminal process of trial and verdict: it deals both with the ideals that should inform a system of criminal law and the extent to which those ideals are actualised in existing institutions and practices. The conclusion is pessimistic: punishment cannot be justified within our legal system; and this gap between the ideal and the actual presents us with serious moral dilemmas. (shrink)

Professor Flew's vigorous and interesting paper, “The Justification of Punishment,” in PHILOSOPHY for October 1954 discusses my article on Punishment in Mind for April 1939. It merits some rejoinder. Flew's paper ranges far beyond the particular issue of punishment, and much of what is most interesting in it has this wider relevance. I, too, therefore shall use punishment as a peg on which to hang some discussion of the wider problems of ethics.

A number of philosophers and legal scholars have pointed out a fact about punishment that had not been sufficiently appreciated by many traditional accounts, utilitarian, retributive, or ‘mixed’: that evil inflicted on the person punished is not an evil simpliciter , but rather the expression of an important social message—that punishment is a kind of language. The message which it is seen to communicate can broadly be described as condemnation by society of the crime committed. In what is still the (...) only attempt at a general and critical discussion— Anthony Skillen's ‘How to say Things with Walls’—this way of understanding punishment is termed ‘expressionism’. In this paper I propose to sort out the main varieties of expressionism in the philosophy of punishment, and to discuss some of their pros and cons. (shrink)

Many contemporary philosophers writing on punishment seek to show that much of the dispute between retributionists and utilitarians springs from a failure on the part of both parties to elucidate the concept of punishment. The writers are usually utilitarians who seek to show that what is true in the retributive theory is simply a point about the concept of punishment, and that for the rest, the morality of punishment is to be explained in terms of the utilitarian theory. Those who (...) attempt to destroy the retributive theory by reducing its element of truth to a mere conceptual point about the concept of punishment, seek to argue that the notion of being guilty of an offence is part of the concept of punishment. Against this kind of approach, I wish to consider whether a general theory of punishment is possible, and if so, what are its basic concepts—punishment, deserving of punishment, deserved, or justifiable punishment—and how they are to be elucidated. I shall be concerned to argue that much contemporary writing on punishment commits the Platonic fallacy of assuming that there is a single, core, paradigm use of ‘punishment’ which is to be found by elucidating the concept of legal punishment. (shrink)

I first pose a challenge which, it seems to me, any philosophical account of forgiveness must meet: the account must be articulate and it must allow for forgiveness that is uncompromising. I then examine an account of forgiveness which appears to meet this challenge. Upon closer examination we discover that this account actually fails to meet the challenge—but it fails in very instructive ways. The account takes two missteps which seem to be taken by almost everyone discussing forgiveness. At the (...) end, I sketch an alternative account of forgiveness, one that I think meets the challenge and avoids the missteps. (shrink)

Genuine agents are able to engage in activity because they find it worth pursuing—because they care about it. In this respect, they differ from what might be called “mere intentional systems”: systems like chess-playing computers that exhibit merely goal-directed behavior mediated by instrumental rationality, without caring. A parallel distinction can be made in the domain of social activity: plural agents must be distinguished from plural intentional systems in that plural agents have cares and engage in activity because of those cares. (...) In this paper, I sketch an account of what it is for an individual to care about things in terms of her exhibiting a certain pattern of emotions. After extending this account to make sense of an individual's caring about other agents, I then show how a certain sort of emotional connectedness among a group of people can make intelligible the group's having cares and thereby constitute that group as a plural agent. Alternative accounts of social action, by ignoring the difference between mere intentional systems and genuine agents, and so by leaving out these emotional entanglements from their accounts of social action, thereby fail to capture a whole range of social phenomena involving plural agents. (shrink)

H. L. A. Hart; The Presidential Address: I—Prolegomenon to the Principles of Punishment, Proceedings of the Aristotelian Society, Volume 60, Issue 1, 1 June 196.

Retributive accounts of the justification of criminal punishment are increasingly fashionable, yet their proponents frequently rely more on suggestive metaphor than on reasoned explanation. This article seeks to question whether any such coherent explanations are possible. I briefly sketch some general doubts about the validity of retributivist views and then critique three recent efforts (by George Sher, Jean Hampton, and Michael Moore) to put retributivism on a sound basis.

We argue that companion friendship is not importantly marked by self-disclosure as understood in either of these two ways. One's close friends need not be markedly similar to oneself, as is claimed by the mirror account, nor is the role of private information in establishing and maintaining intimacy important in the way claimed by the secrets view. Our claim will be that the mirror and secrets views not only fail to identify features that are in part constitutive of close or (...) companion friendship, but that they miss the mark quite broadly and fail to capture anything significant and distinctive about the ways in which friendship has an impact on the self. The article will proceed as follows. In the first section we outline our account of the self in friendship. In the next two sections we examine the mirror and secrets views and develop our own view in counterpoint to these. In the final section we defend our own account by showing how it provides the governing conditions which do distinguish friendship from other kinds of relations between persons. (shrink)

Recent work in cognitive science highlights the importance of exem- plar-based know-how in supporting human expertise. Influenced by this model, certain accounts of moral knowledge now stress exemplar- based, non-sentential know-how at the expense of rule-and-principle based accounts. I shall argue, however, that moral thought and reason cannot be understood by reference to either of these roles alone. Moral cognition – like other forms of ‘advanced’ cognition – depends crucially on the subtle interplay and interaction of multiple factors and forces (...) and especially (or so I argue) between the use of linguistic tools and formulations and more biologically basic forms of thought and reason. (shrink)

I want to discuss philosophically, to glance at the logic of, the parts of this expression “the justification of punishment” and then to draw from this discussion one or two morals for discussions of the justification of punishment. This paper is based on one originally given to the Scots Philosophy Club at its Aberdeen meeting in 1953, as the third part of a symposium on The Justification of Punishment.

I want to discuss a view of punishment which stresses its ‘expressive’ character and seeks in that its justification. While I shall label this view ‘expressionism’, I should warn that most theorists who express an ‘expressionist’ view do not present it as an exhaustive account, but rather claim to be highlighting an aspect that tends to be neglected within the rationalist framework common to retributivism and utilitarianism. Among contemporary writings I shall focus on Joel Feinberg's article, ‘The Expressive Function of (...) Punishment’ in The Monist 49, No. 4 . While I accept that ‘expression’ usefully sums up much of what underlies punitive practices, I shall urge that the term conceals a variety of more or less amalgamated ingredients which need to be disentangled for critical inspection. I shall argue that under those aspects, punishment's justification continues to be elusive. I do not imagine that these arguments will deter my more punitive colleagues from continuing to seek such justification, but I hope they will search elsewhere. Feinberg writes: Punishment is a conventional device for the expression of attitudes of resentment and indignation, and of judgments of disapproval and reprobation, either on the part of the punishing authority himself or of those ‘in whose name’ the punishment is inflicted. Punishment, in short, has a symbolic significance largely missing from other kinds of penalties. (shrink)

Christopher Bennett presents a theory of punishment grounded in the practice of apology, and in particular in reactions such as feeling sorry and making amends. He argues that offenders have a 'right to be punished' - that it is part of taking an offender seriously as a member of a normatively demanding relationship that she is subject to retributive attitudes when she violates the demands of that relationship. However, while he claims that punishment and the retributive attitudes are the necessary (...) expression of moral condemnation, his account of these reactions has more in common with restorative justice than traditional retributivism. He argues that the most appropriate way to react to crime is to require the offender to make proportionate amends. His book is a rich and intriguing contribution to the debate over punishment and restorative justice. (shrink)

With a new foreword by Jonathan Lear 'Remarkably lively and enjoyable…It is a very rich book, containing excellent descriptions of a variety of moral theories, and innumerable and often witty observations on topics encountered on the way.' -_ Times Literary Supplement_ Bernard Williams was one of the greatest philosophers of his generation. Ethics and the Limits of Philosophy is not only widely acknowledged to be his most important book, but also hailed a contemporary classic of moral philosophy. Drawing on the (...) ideas of the Greek philosophers, Williams reorients ethics away from a preoccupation with universal moral theories towards ‘truth, truthfulness and the meaning of an individual life’. He explores and reflects upon the most difficult problems in contemporary philosophy and identifies new ideas about central issues such as relativism, objectivity and the possibility of ethical knowledge. This edition also includes a commentary on the text by A.W.Moore. At the time of his death in 2003, Bernard Williams was hailed by the Times as 'the outstanding moral philosopher of his age.' He taught at the Universities of Cambridge, Berkeley and Oxford and is the author of many influential books, including _Morality; Descartes: The Project of Pure Enquiry_ and _Truth and Truthfulness_. (shrink)

By the time of his death in 2003, Bernard Williams was one of the greatest philosophers of his generation. Ethics and the Limits of Philosophy is not only widely acknowledged to be his most important book, but also hailed a contemporary classic of moral philosophy. Presenting a sustained critique of moral theory from Kant onwards, Williams reorients ethical theory towards ‘truth, truthfulness and the meaning of an individual life’. He explores and reflects upon the most difficult problems in contemporary philosophy (...) and identifies new ideas about central issues such as relativism, objectivity and the possibility of ethical knowledge. (shrink)

Nozick analyzes fundamental issues, such as the identity of the self, knowledge and skepticism, free will, the foundations of ethics, and the meaning of life.

A number of jurisdictions, including England and Wales after their adoption of the 1991 Criminal Justice Act, require that sentences be `proportionate' to the severity of the crime. This book, written by the leading architect of `just deserts' sentencing theory, discusses how sentences may be scaled proportionately to the gravity of the crime. Topics dealt with include how the idea of a penal censure justifies proportionate sentences; how a penalty scale should be `anchored' to reduce overall punishment levels; how non-custodial (...) penalties should be graded and used; and how political pressures impinge on sentencing policies. (shrink)

In this book, David Boonin examines the problem of punishment, and particularly the problem of explaining why it is morally permissible for the state to treat those who break the law in ways that would be wrong to treat those who do not? Boonin argues that there is no satisfactory solution to this problem and that the practice of legal punishment should therefore be abolished. Providing a detailed account of the nature of punishment and the problems that it generates, he (...) offers a comprehensive and critical survey of the various solutions that have been offered to the problem and concludes by considering victim restitution as an alternative to punishment. Written in a clear and accessible style, The Problem of Punishment will be of interest to anyone looking for a critical introduction to the subject as well as to those already familiar with it. (shrink)

This book is a translation of a classic work of modern social and political thought. Elements of the Philosophy of Right, Hegel's last major published work, is an attempt to systematize ethical theory, natural right, the philosophy of law, political theory, and the sociology of the modern state into the framework of Hegel's philosophy of history. Hegel's work has been interpreted in radically different ways, influencing many political movements from far right to far left, and is widely perceived as central (...) to the communitarian tradition in modern ethical, social, and political thought. This edition includes extensive editorial material informing the reader of the historical background of Hegel's text, and explaining his allusions to Roman law and other sources, making use of lecture materials which have only recently become available. The new translation is literal, readable, and consistent, and will be informative and scholarly enough to serve the needs of students and specialists alike. (shrink)