Proposes a new model of contractualism based on an interpersonal, deliberative conception of practical reason which answers the twin demands of moral accuracy and explanatory adequacy.

Winner of the 1975 National Book Award, this brilliant and widely acclaimed book is a powerful philosophical challenge to the most widely held political and social positions of our age--liberal, socialist, and conservative.

Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.

In this book, T. M. Scanlon offers new answers to these questions, as they apply to the central part of morality that concerns what we owe to each other.

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

In The Realm of Rights Judith Thomson provides a full-scale, systematic theory of human and social rights, bringing out what in general makes an attribution of ...

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.

"--Jeffrie Murphy, The Philosophical Review (forthcoming).

I will argue that a desert-based justification for treating a person in a certain way is a justification that holds this treatment to be justified simply by what the person is like and what he or she has done, independent of (1) the fact that treating the person in this way will have good effects (or that treating people like him or her in this way will have such effects); (2) the fact that this treatment is called for by some (...) (justified) institution or practice; or (3) the fact that the person could have avoided being subject to this treatment by choosing appropriately, and therefore cannot complain of it. I will explore the implications of this understanding of desert for the role of desert-based justifications of blame, punishment, and economic reward. (shrink)

sonable, in this sense, if we ignore, or give too little weight to, some other people's well-being or moral claims.' Some critics have suggested that, because Scanlon appeals to this sense of 'reasonable', his formula is empty. On this objection, whenever we believe that some act is wrong, we shall believe that people have moral claims not to be treated in this way. We could therefore argue that such acts are disallowed by some principle which no one could reasonably reject, (...) since anyone who rejected this principle would be giving too little weight to people's moral claims not to be treated in this way. Since everyone could claim that the principles which they accept could not be reasonably rejected, Scanlon's Formula would make no difference to our moral thinking. That is not so. If we reject the principles that disallow certain acts, we are denying that such acts are wrong. This denial would be unreasonable if it would give too little weight to some other people's moral claims. So Scanlon's Formula implies that.. (shrink)

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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)

This essay explores the reasons for thinking that Scanlon's contractualist principle serves merely as a ?spare wheel?, an element that spins along nicely but bears no real weight, because it presupposes too much of what it should be explaning. The ambitions and scope of Scanlon's contractualism are discussed, as is Scanlon's thesis that contracualism will assess candidate moral principles individually rather than as sets. The final third of the paper critizes Scanlon's account of fairness and his approach to cases where (...) agents can save either one person or many people. (shrink)

Part of the Studies in Crime and Public Policy series, this book, written by one of the top philosophers of punishment, examines the main trends in penal theorizing over the past three decades. Duff asks what can justify criminal punishment, and then explores the legitimacy of actual practices by examining what would count as adequate justification for them. Duff argues that a "communicative conception of punishment," which he presents as a third way between consequentialist and retributive theories, offers the most (...) fruitful way of understanding punishment's meaning and justification. Duff addresses such questions as how much sentences should be constrained by proportionality requirements; what modalities of punishment best communicate their intended meaning; and what decisionmaking procedures he envisions. This book will appeal to criminologists, philosophers, and others interested in theories of punishment. (shrink)

This is the earliest critical discussion in the context of modern/contemporary philosophy in the analytical tradition arguing that somebody with a reasonably stable character and the company of the right people would be able to enjoy eternity.

In the second edition of An Eye for an Eye? Stephen Nathanson evaluates arguments for and against the death penalty, and ultimately defends an abolitionist position to the controversial practice, including arguments that show how and why the death penalty is inconsistent with respect for life and a commitment to justice. A timely new postscript and an updated bibliography accompany the volume.

Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse (...) traditions of thought but always with an emphasis on rigour and originality. It sets the standard in contemporary jurisprudence.This book shows that civil disobedience is generally more defensible than private conscientious objection.Part I explores the morality of conviction and conscience. Each of these concepts informs a distinct argument for civil disobedience. The conviction argument begins with the communicative principle of conscientiousness. According to the CPC, having a conscientious moral conviction means not just acting consistently with our beliefs and judging ourselves and others by a common moral standard. It also means not seeking to evade the consequences of our beliefs and being willing to communicate them to others. The conviction argument shows that, as a constrained, communicative practice, civil disobedience has a better claim than private objection does to the protections that liberal societies give to conscientious dissent. This view reverses the standard liberal picture which sees private 'conscientious' objection as a modest act of personal belief and civil disobedience as a strategic, undemocratic act whose costs are only sometimes worth bearing.The conscience argument is narrower and shows that genuinely morally responsive civil disobedience honours the best of our moral responsibilities and is protected by a duty-based moral right of conscience.Part II translates the conviction argument and conscience argument into two legal defences. The first is a demands-of-conviction defence. The second is a necessity defence. Both of these defences apply more readily to civil disobedience than to private disobedience. Part II also examines lawful punishment, showing that, even when punishment is justifiable, civil disobedients have a moral right not to be punished. (shrink)

One of the great difficulties with Kant’s moral philosophy is that it seems to imply that our moral obligations leave us powerless in the face of evil. Kant’s theory sets a high ideal of conduct and tells us to live up to that ideal regardless of what other persons are doing. The results may be very bad. But Kant says that the law "remains in full force, because it commands categorically" (G, 438-39/57).* The most weI1—known example of...

This book focuses on the degree to which certain moral and legal doctrines are rooted in specific passions that are then institutionalised in the form of criminal law. A philosophical analysis is developed of the following questions: when, if ever, should hatred be overcome by sympathy or compassion? What are forgiveness and mercy and to what degree do they require - both conceptually and morally - the overcoming of certain passions and the motivation by other passions? If forgiveness and mercy (...) indeed are moral virtues, what role, if any, should they play in the law? (shrink)