The Concept of Law is the most important and original work of legal philosophy written this century. First published in 1961, it is considered the masterpiece of H.L.A. Hart's enormous contribution to the study of jurisprudence and legal philosophy. Its elegant language and balanced arguments have sparked wide debate and unprecedented growth in the quantity and quality of scholarship in this area--much of it devoted to attacking or defending Hart's theories. Principal among Hart's critics is renowned lawyer and political philosopher (...) Ronald Dworkin who in the 1970s and 80s mounted a series of challenges to Hart's Concept of Law. It seemed that Hart let these challenges go unanswered until, after his death in 1992, his answer to Dworkin's criticism was discovered among his papers. In this valuable and long-awaited new edition Hart presents an Epilogue in which he answers Dworkin and some of his other most influential critics including Fuller and Finnis. Written with the same clarity and candor for which the first edition is famous, the Epilogue offers a sharper interpretation of Hart's own views, rebuffs the arguments of critics like Dworkin, and powerfully asserts that they have based their criticisms on a faulty understanding of Hart's work. Hart demonstrates that Dworkin's views are in fact strikingly similar to his own. In a final analysis, Hart's response leaves Dworkin's criticisms considerably weakened and his positions largely in question. Containing Hart's final and powerful response to Dworkin in addition to the revised text of the original Concept of Law, this thought-provoking and persuasively argued volume is essential reading for lawyers and philosophers throughout the world. (shrink)

This first volume in the four-volume series The Moral Limits of the Criminal Law focuses on the "harm principle," the commonsense view that prevention of harm to persons other than the perpetrator is a legitimate purpose of criminal legislation. Feinberg presents a detailed analysis of the concept and definition of harm and applies it to a host of practical and theoretical issues, showing how the harm principle must be interpreted if it is to be a plausible guide to the lawmaker.

The prevailing paradigm in Internet privacy literature, treating privacy within a context merely of rights and violations, is inadequate for studying the Internet as a social realm. Following Goffman on self-presentation and Altman's theorizing of privacy as an optimization between competing pressures for disclosure and withdrawal, the author investigates the mechanisms used by a sample (n = 704) of college students, the vast majority users of Facebook and Myspace, to negotiate boundaries between public and private. Findings show little to no (...) relationship between online privacy concerns and information disclosure on online social network sites. Students manage unwanted audience concerns by adjusting profile visibility and using nicknames but not by restricting the information within the profile. Mechanisms analogous to boundary regulation in physical space, such as walls, locks, and doors, are favored; little adaptation is made to the Internet's key features of persistence, searchability, and cross-indexability. The author also finds significant racial and gender differences. (shrink)

This article joins in and extends the contemporary debate on the right to privacy. We bring together two strands of the contemporary discourse on privacy. While we endorse the prevailing claim that norms of informational privacy protect the autonomy of individual subjects, we supplement it with an argument demonstrating that privacy is an integral element of the dynamics of all social relationships. This latter claim is developed in terms of the social role theory and substantiated by an analysis of the (...) role of privacy in intimate relationships, in professional relationships and in social interactions between strangers in public. We conclude by arguing that it is not always reasonable to assume a conflict between individual privacy on the one hand and society on the other. Legislators and participants in public debate also have to take into account the consequences of limiting privacy on social interaction and the integration of the society. (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)

Thomas Nagel addresses the conflict between the claims of the group and those of the individual. Nagel attempts to clarify the nature of the conflict – one of the most fundamental problems in moral and political theory – and argues that its reconciliation is the essential task of any legitimate political system.

Everyone knows that something has gone wrong, in the United States, with the conventions of privacy. Along with a vastly increased tolerance for variation in sexual life we have seen a sharp increase in prurient and censorious attention to the sexual lives of public figures and famous persons, past and present. The culture seems to be growing more tolerant and more intolerant at the same time, though perhaps different parts of it are involved in the two movements.

This article argues that people have legitimate interests in privacy that deserve legal protection on democratic principles. It describes the right to privacy as a bundle of rights of personal choice, association and expression and shows that, so described, people have legitimate political interests in privacy. These interests reflect the ways that privacy rights can supplement the protection for people's freedom and equality provided by rights of political choice, association and expression, and can help to make sure that these are, (...) genuinely, democratic. Feminists have often been ambivalent about legal protection for privacy, because privacy rights have, so often, protected the coercion and exploitation of women, and made it difficult to politicise personal forms of injustice. However, attention to the differences between democratic and undemocratic forms of politics can enable us to meet these concerns, and to distinguish a democratic justification of privacy rights from the alternatives. (shrink)

This book continues and revises the ideas of justice as fairness that John Rawls presented in A Theory of Justice but changes its philosophical interpretation in a fundamental way. That previous work assumed what Rawls calls a "well-ordered society," one that is stable and relatively homogenous in its basic moral beliefs and in which there is broad agreement about what constitutes the good life. Yet in modern democratic society a plurality of incompatible and irreconcilable doctrines -- religious, philosophical, and moral (...) -- coexist within the framework of democratic institutions. Recognizing this as a permanent condition of democracy, Rawls asks how a stable and just society of free and equal citizens can live in concord when divided by reasonable but incompatible doctrines? This edition includes the essay "The Idea of Public Reason Revisited," which outlines Rawls' plans to revise Political Liberalism, which were cut short by his death. "An extraordinary well-reasoned commentary on A Theory of Justice...a decisive turn towards political philosophy." -- Times Literary Supplement. (shrink)

Is a feminist political liberalism possible? Political liberalism’s regard for a wide range of comprehensive doctrines as reasonable makes some feminists skeptical of its ability to address sex inequality. Indeed, some feminists claim that political liberalism maintains its position as a political liberalism at the expense of securing substantive equality for women. We claim that political liberalism’s core commitments actually restrict all reasonable political conceptions of justice to those that secure genuine substantive equality for all, including women and other marginalized (...) groups. In particular, we argue that political liberalism’s criterion of reciprocity limits reasonable political conceptions of justice to those that eliminate social conditions of domination and subordination relevant to reasonable democratic deliberation among equal citizens and that the criterion of reciprocity requires the social conditions necessary for recognition respect among persons as equal citizens. As a result, we maintain that the criterion of reciprocity limits reasonable political conceptions of justice to those that provide genuine equality for women along various dimensions of social life central to equal citizenship. (shrink)

This book advances a theory of personal, public and political justification. Drawing on current work in epistemology and cognitive psychology, the work develops a theory of personally justified belief. Building on this account, it advances an account of public justification that is more normative and less "populist" than that of "political liberals." Following the social contract theories of Hobbes, Locke and Kant, the work then argues that citizens have conclusive reason to appoint an umpire to resolve disputes arising from inconclusive (...) public justifications. The rule of law, liberal democracy and limited judicial review are defended as elements of a publicly justified umpiring procedure. (shrink)

This first volume in the four-volume series The Moral Limits of the Criminal Law focuses on the "harm principle," the commonsense view that prevention of harm to persons other than the perpetrator is a legitimate purpose of criminal legislation. Feinberg presents a detailed analysis of the concept and definition of harm and applies it to a host of practical and theoretical issues, showing how the harm principle must be interpreted if it is to be a plausible guide to the lawmaker.

This essay reviews contemporary theories of public justification. In particular, it argues that conceptions of public justification and public reason have moved significantly beyond Rawls.

This article argues that people have legitimate interests in privacy that deserve legal protection on democratic principles. It describes the right to privacy as a bundle of rights of personal choice, association and expression and shows that, so described, people have legitimate political interests in privacy. These interests reflect the ways that privacy rights can supplement the protection for people's freedom and equality provided by rights of political choice, association and expression, and can help to make sure that these are, (...) genuinely, democratic. Feminists have often been ambivalent about legal protection for privacy, because privacy rights have, so often, protected the coercion and exploitation of women, and made it difficult to politicise personal forms of injustice. However, attention to the differences between democratic and undemocratic forms of politics can enable us to meet these concerns, and to distinguish a democratic justification of privacy rights from the alternatives. (shrink)

Many religious people are alarmed about features of the current age - violence in the media, a pervasive hedonism, a marginalization of religion, and widespread abortion. These concerns influence politics, but just as there should be a separation between church and state, so should there be a balance between religious commitments and secular arguments calling for social reforms. Robert Audi offers a principle of secular rationale, which does not exclude religious grounds for action but which rules out restricting freedom except (...) on grounds that any rational citizen would accept. The book describes the essential commitments of free democracy, explains how religious and secular moral considerations can be integrated to facilitate co-operation in a world of religious pluralism, and proposes ideals of civic virtue that express the mutual respect on which democracy depends. Audi offers a balanced and sophisticated treatment of the relations between religion and politics in a modern, secular society. (shrink)

Many religious people are alarmed about features of the current age - violence in the media, a pervasive hedonism, a marginalization of religion, and widespread abortion. These concerns influence politics, but just as there should be a separation between church and state, so should there be a balance between religious commitments and secular arguments calling for social reforms. Robert Audi offers a principle of secular rationale, which does not exclude religious grounds for action but which rules out restricting freedom except (...) on grounds that any rational citizen would accept. The book describes the essential commitments of free democracy, explains how religious and secular moral considerations can be integrated to facilitate co-operation in a world of religious pluralism, and proposes ideals of civic virtue that express the mutual respect on which democracy depends. Audi offers a balanced and sophisticated treatment of the relations between religion and politics in a modern, secular society. (shrink)

This book attacks the assumption found in moral philosophy that social control as such is an intellectually and morally destructive force. It replaces this view with a richer and deeper perspective on the nature of social character aimed at showing how social freedom cannot mean immunity from social pressure. The author demonstrates how our competence as rational and social agents depends on a constructive adaptation of social control mechanisms. Our facility at achieving our goals is enhanced, rather than undermined, by (...) social control. The author then articulates sources, contracts, and degrees of legitimate social control in different social and historical settings. Drawing on a wide range of material in moral and political philosophy, law, cognitive and social psychology, anthropology and literature, Professor Schoeman shows how the aim of moral philosophy ought to be to understand our social character, not to establish fortifications against it in the name of rationality and autonomy. (shrink)

Editors provide a substantive introduction to the history and theories of perfectionism and neutrality, expertly contextualizing the essays and making the collection accessible.

Free Public Reason examines the idea of public justification, stressing its importance but also questioning the coherence of the concept itself. Although public justification is employed in the work of theorists such as John Rawls, Jeremy Waldron, Thomas Nagel, and others, it has received little attention on its own as a philosophical concept. In this book Fred D'Agostino shows that the concept is composed of various values, interests, and notions of the good, and that no ranking of these is possible. (...) The notion of public justification itself is thus shown to be contestable. In demonstrating this, D'Agostino undermines many current political theories that rely on this concept. Having broken down the foundations of public justification, D'Agostino then offers an alternative model of how a workable consensus on its meaning might be reached through the interactions of a community of interpreters or delegates at a constitutional convention. (shrink)

This new book by Beate Rossler is a work of real quality and originality on an extremely topical issue: the issue of privacy and the relations between the private and the public. Rossler investigates the reasons why we value privacy and why we ought to value it. In the context of modern, liberal societies, Rossler develops a theory of the private which links privacy and autonomy in a constitutive way: privacy is a necessary condition to lead an autonomous life. The (...) book develops a theory of freedom and autonomy which sees the ability to pose the "practical question" of how one wants to live, of what a person strives to be, at the centre of the modern idea of autonomy. The question of privacy is emerging as an increasingly important topic in social and political theory and is central to many current debates in law, the media and politics. The Value of Privacy will be widely recognised to be a classic contribution to the subject. (shrink)

The essays collected in this volume all explore the problem of the relation between moral philosophy and modernity. Charles Larmore addresses this problem by attempting to define the way distinctive forms of modern experience should orientate our moral thinking. Charles Larmore wonders whether the dominant forms of modern philosophy have not become blind to important dimensions of the moral life. The book argues against recent attempts to return to the virtue-centered perspective of ancient Greek ethics. As well as exploring the (...) differences between ancient and modern ethics, the author examines such topics as the roles of reason and history in our moral understanding, the inadequacy of philsophical naturalism, and the foundations of modern liberalism. There are also extended discussions of a number of leading contemporary philosophers: Rawls, Habermas, Williams and Rorty. (shrink)

This article argues that people have legitimate interests in privacy that deserve legal protection on democratic principles. It describes the right to privacy as a bundle of rights of solitude, intimacy and confidentiality and shows that, so described, people have legitimate interests in privacy. These interests are both personal and political, and provide the grounds for two different justifications of privacy rights. Though both are based on democratic concerns for the freedom and equality of individuals, these two justifications for privacy (...) can be distinguished because the one is principally concerned with protecting the personal freedom and equality of individuals, while the other is principally concerned with their political equivalents. Feminists have often been ambivalent about legal protection for privacy, because privacy rights have, so often, protected the coercion and exploitation of women, and made it difficult to politicise personal forms of injustice. However, interpreting the content and justification of privacy rights in light of the differences between democratic and undemocratic forms of politics can enable us to meet these concerns, and to distinguish a democratic justification of privacy rights from the alternatives. (shrink)

This article argues that people have legitimate interests in privacy that deserve legal protection on democratic principles. It describes the right to privacy as a bundle of rights of personal choice, association and expression and shows that, so described, people have legitimate political interests in privacy. These interests reflect the ways that privacy rights can supplement the protection for people’s freedom and equality provided by rights of political choice, association and expression, and can help to make sure that these are, (...) genuinely, democratic. Feminists have often been ambivalent about legal protection for privacy, because privacy rights have, so often, protected the coercion and exploitation of women, and made it difficult to politicise personal forms of injustice. However, attention to the differences between democratic and undemocratic forms of politics can enable us to meet these concerns, and to distinguish a democratic justification of privacy rights from the alternatives. (shrink)