Winner of the Los Angeles Times Book Prize With a new preface by the author In his most powerful and important book, renowned psychiatrist Robert Jay Lifton presents a brilliant analysis of the crucial role that German doctors played in the Nazi genocide. Now updated with a new preface, The Nazi Doctors remains the definitive work on the Nazi medical atrocities, a chilling exposé of the banality of evil at its epitome, and a sobering reminder of the darkest side of (...) human nature. (shrink)

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.

With this issue the Editorial Board of Sartre Studies International undergoes many changes. Michael Scriven has resigned his position of Executive editor in order to take up the position of Director of Academic Programmes at the European Business School, Regent’s College in London, England. It was Michael who laid the foundations of SSI and his hard work and attention to the practical workings of the journal will be sorely missed. He will be replaced by Andrew Leak, who teaches French at (...) University College London. (shrink)

K. Anthony Appiah, the author of the internationally best-selling Cosmopolitanism, analyzes what causes societies to end cruelty and injustices - such as slavery, foot binding, or honor killing. Can a government through its laws halt egregious violations of human decency and can mere moral instruction bring an end to human suffering? No, says Appiah, demonstrating how reform succeeds only when it enlists the primal human sense of honor. When it comes to morality, honor is the lever arm that connects what (...) we know to what we do. (shrink)

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)

Tthis book is likely to receive its warmest reception form advanced students of the philosophy of law, who will welcome the relief provided from the frequently sterile tone of much recent work in the field.

Practical Reason and Norms focuses on three problems: In what way are rules normative, and how do they differ from ordinary reasons? What makes normative systems systematic? What distinguishes legal systems, and in what consists their normativity? All three questions are answered by taking reasons as the basic normative concept, and showing the distinctive role reasons have in every case, thus paving the way to a unified account of normativity. Rules are a structure of reasons to perform the required act (...) and an exclusionary reason not to follow some competing reasons. Exclusionary reasons are explained, and used to unlock the secrets of orders, promises, and decisions as well as rules. Games are used to exemplify normative systems. Inevitably, the analysis extends to some aspects of normative discourse, which is truth-apt, but with a diminished assertoric force. (shrink)

Legitimate authority -- The claims of law -- Legal positivism and the sources of law -- Legal reasons, sources, and gaps -- The identity of legal systems -- The institutional nature of law -- Kelsen's theory of the basic norm -- Legal validity -- The functions of law -- Law and value in adjudication -- The rule of law and its virtue -- The obligation to obey the law -- Respect for law -- A right to dissent? : civil disobedience (...) -- A right to dissent? : conscientious objection --The purity of the pure theory -- The argument from justice, or how not to reply to legal positivism. (shrink)

Mass atrocities are commonly explained in terms of changes in legal or moral norms. This paper examines the role that changes in social norms can play in precipitating or prolonging mass atrocities. I focus specifically on manipulative transformations of social norms. I first distinguish between the manipulative introduction and the manipulative activation of social norms. I then explain how both forms of manipulation can contribute to mass atrocities. Finally, extending a line of thought first suggested by Hannah Arendt, I present (...) a case study of the manipulative introduction and activation of language rules amongst the Nazis during World War Two. (shrink)

Hart's defense of the separation of law and morality is partly based on his refusal to accept Radbruch's solution of the well‐known grudge informer case, in his famous article “Statutory Injustice and Suprastatutory Law.” In this paper, I present a detailed reconstruction of the “debate” between Radbruch and Hart on this case. I reach the conclusion that Hart fails to address the issue that was Radbruch's primary concern, namely the legal position of the judiciary when dealing with criminal statutes. I (...) suggest that Hart's separation thesis cannot be upheld in the face of this concern. In my argument, Hart's mistaken understanding of the verdict of the Oberlandesgericht Bamberg that he refers to plays a crucial role. (shrink)

Christopher Kutz has written an excellent book: part metaphysics, part ethical theory, and part legal philosophy. The aim of the book, as is clear from the title, is to examine and defend the idea of complicity, that is, the responsibility of individuals for their participation in collective harms. While there has not been a lot of philosophical work on this topic, there has been some good work, and Kutz is responsive to most of it. But basically, this book strikes out (...) on its own, building a conception of complicity from an analysis of collective action and individual intention. The cornerstone of the analysis is the idea that individuals should be responsible for what they participate in, regardless of whether the participation makes a causal difference for the outcome. (shrink)

This is a book about the ethics of the legal profession proceeding from one basic premise: our nation is so dependent on its lawyers that their ethical problems transform themselves into public difficulties.

This book offers original accounts of a number of central social phenomena, many of which have received little if any prior philosophical attention. These phenomena include social groups, group languages, acting together, collective belief, mutual recognition, and social convention. In the course of developing her analyses Gilbert discusses the work of Emile Durkheim, Georg Simmel, Max Weber, David Lewis, among others.

Truth commissions have emerged as popular devices for countries which are trying to move from a past of mass human rights violations to a stable and democratic future. South Africa's Truth and Reconciliation Commission (TRC) was by no means the first official commission to inquire into and report on a fraught past, yet it has attracted more interest, including philosophical interest, than any of its predecessors.

Larry May examines the normative and conceptual problems concerning the crime of genocide. Genocide arises out of the worst of horrors. Legally, however, the unique character of genocide is reduced to a technical requirement, that the perpetrator's act manifest an intention to destroy a protected group. From this definition, many puzzles arise. How are groups to be identified and why are only four groups subject to genocide? What is the harm of destroying a group and why is this harm thought (...) to be independent of killing many people? How can a person in the dock, as an individual, be responsible for a collective crime like genocide? How should we understand the specific crimes associated with genocide, especially instigation, incitement, and complicity? Paying special attention to the recent case law concerning the Rwanda genocide, May offers the first philosophical exploration of the crime of genocide in international criminal law. (shrink)

The question Jon Elster addresses in this challenging book is what binds societies together and prevents them from disintegrating into chaos and war. He analyses two concepts of social order: stable, predictable patterns of behaviour, and co-operative behaviour. The book examines various aspects of collective action and bargaining from the perspective of rational-choice theory and the theory of social norms. It is a fundamental assumption of the book that social norms provide an important kind of motivation for action that is (...) irreducible to rationality. The book represents a major statement by Elster, which will be of particular interest to political scientists, political philosophers, sociologists, and economists. (shrink)

Henry Friedlander explores in chilling detail how the Nazi program of secretly exterminating the handicapped and disabled evolved into the systematic destruction of Jews and Gypsies. Tracing the rise of racist and eugenic ideologies in Germany, he describes how the so-called euthanasia of the handicapped provided a practical model for mass murder, thereby initiating the Holocaust. Based on extensive research in American, German, and Austrian archives as well as Allied and German court records, the book also analyzes the involvement of (...) the German bureaucracy and judiciary, the participation of physicians and scientists, the motives of the killers, and the nature of popular opposition. Friedlander also sheds light on the special plight of handicapped Jews, who were the first singled out for murder. (shrink)

What causes genocide? Why do some stand by, doing nothing, while others risk their lives to help the persecuted? Ethics in an Age of Terror and Genocide analyzes riveting interviews with bystanders, Nazi supporters, and rescuers of Jews during the Holocaust to lay bare critical psychological forces operating during genocide. Monroe's insightful examination of these moving--and disturbing--interviews underscores the significance of identity for moral choice. Monroe finds that self-image and identity--especially the sense of self in relation to others--determine and delineate (...) our choice options, not just morally but cognitively. She introduces the concept of moral salience to explain how we establish a critical psychological relationship with others, classifying individuals in need as "people just like us" or reducing them to strangers perceived as different, threatening, or even beyond the boundaries of our concern. Monroe explicates the psychological dehumanization that is a prerequisite for genocide and uses her knowledge of human behavior during the Holocaust to develop a broader theory of moral choice, one applicable to other forms of ethnic, religious, racial, and sectarian prejudice, aggression, and violence. Her book fills a long-standing void in ethics and suggests that identity is more fundamental than reasoning in our treatment of others. (shrink)

Herbert Lionel Adolphus Hart was born in Yorkshire in 1907 to second generation Jewish immigrants. Having won a scholarship to Oxford University, he went on to become the most famous legal philosopher of the twentieth century. From 1932-40 H.L.A Hart practised as a barrister in London. He was pronounced physically unfit for military service in 1940, and was recruited by MI5, where he worked until 1945. During his time at the Bar he had continued to study philosophy and at M15 (...) his interest was further stimulated by his philosopher colleagues in M16, Stuart Hampshire and Gilbert Ryle. After the war, Hart returned to Oxford to take up a philosophy fellowship, later to become Professor of Jurisprudence. H.L.A Hart single-handedly reinvented the philosophy of law and influenced the nation's thinking in the 1960s on abortion, the legalization of homosexuality, and on capital punishment. Hart's approach to legal philosophy was at once disarmingly simple and breathtakingly ambitious, combining as it did the insights of Austin and Bentham and the new linguistic philosophy of J.L. Austin and Ludwig Wittgenstein. He sought to elucidate a concept of law which would be of relevance to all forms of law, wherever or whenever they arose: his bestselling book, The Concept of Law, has sold tens of thousands of copies worldwide. In 1941, he married Jenifer Williams (a high-ranking civil servant, later an Oxford academic) with whom he had four children. Their relationship was an enduring if unconventional one. In the early 1950s, Jenifer was rumoured to be having a long-standing affair with Isaiah Berlin, one of Hart's closest friends. She was also, falsely, accused by the Sunday Times of having been a Russian spy, an allegation which was all the more scandalous given Hart's position at MI5 during the War. Nicola Lacey draws on Hart's previously unpublished diaries and letters to reveal a complex inner life. Outwardly successful, Hart was in fact tormented by doubts about his intellectual abilities, his sexual identity and his capacity to form close relationships. Her biography also sheds fascinating light on the origins of his ideas, and assesses his overall contribution. Above all, it chronicles of a life which had a depth ands impact far greater than many of Hart's readers have realized. (shrink)

What is law (and why should we care)? -- Crazy little thing called "law" -- Austin's sanction theory -- Hart and the rule of recognition -- How to do things with plans -- The making of a legal system -- What law is -- Legal reasoning and judicial decision making -- Hard cases -- Theoretical disagreements -- Dworkin and distrust -- The economy of trust -- The interpretation of plans -- The value of legality.

Analyzes the nature of international disagreements and conflict resolution in terms of game theory and non-zero-sum games.

Intentional collective action -- Collective moral responsibility -- Collective guilt -- Individual responsibility for (and in) collective wrongs -- Collective obligation, individual obligation, and individual moral responsibility -- Individual moral responsibility in wrongful social practice.

We live in a morally flawed world. Our lives are complicated by what other people do, and by the harms that flow from our social, economic and political institutions. Our relations as individuals to these collective harms constitute the domain of complicity. This book examines the relationship between collective responsibility and individual guilt. It presents a rigorous philosophical account of the nature of our relations to the social groups in which we participate, and uses that account in a discussion of (...) contemporary moral theory. Christopher Kutz shows that the two prevailing theories of moral philosophy, Kantianism and consequentialism, both have difficulties resolving problems of complicity. He then argues for a richer theory of accountability in which any real understanding of collective action not only allows but demands individual responsibility. (shrink)

As each week beings more stories of doctors, lawyers and other professionals abusing their powers, while clients demand extra services as at a time of shrinking resources; it is imperative that all practising professionals have an understanding of professional ethics. In _The Ground of Profesional Ethics_, Daryl Koehn discusses the practical issues in depth, such as the level of service clients can justifiably expect from professionals, when service to a client may be legitimately terminated and circumstances in which client confidences (...) can be broken. She argues that, while clients may legitimately expect professionals to promote their interests, professionals are not morally bound to do whatever a client wants. _The Ground of Professional Ethics_ is important reading for all practising professionals, as well as those who study or have an interest in the subject of professional ethics. (shrink)

The answer I offer in this Article is that crimes against humanity assault one particular aspect of human being, namely our character as political animals. We are creatures whose nature compels us to live socially, but who cannot do so without artificial political organization that inevitably poses threats to our well-being, and, at the limit, to our very survival. Crimes against humanity represent the worst of those threats; they are the limiting case of politics gone cancerous. Precisely because we cannot (...) live without politics, we exist under the permanent threat that politics will turn cancerous and the indispensable institutions of organized political life will destroy us. That is why all humankind shares an interest in repressing these crimes. The theory that I aim to defend here consists of two propositions: that "humanity" in the label "crimes against humanity" refers to our nature as political animals, and that these crimes pose a universal threat that all humankind shares an interest in repressing. (shrink)

In this field questions arise which are certainly difficult; but as I listened last time to members of the group, I felt that the main difficulty perhaps lay in determining precisely what questions we are trying to answer. I have the conviction that if we could only say clearly what the questions are, the answers to them might not appear so elusive. So I have begun with a simple list of questions about discretion which in one form or another were, (...) as it seemed to me, expressed by the group last time. I may indeed have omitted something and inserted something useless: if so, no doubt I shall be informed of this later. The central questions then seem to me to be the following: 1. What is discretion, or what is the exercise of discretion? 2. Under what conditions and why do we in fact accept or tolerate discretion in a legal system? 3. Must we accept discretion or tolerate discretion, and if so, why? 4. What values does the use of discretion menace, and what values does it maintain or promote? 5. What can be done to maximize the beneficial operation of the use of discretion and to minimize any harm that it does? (shrink)

Proponents of the rule of law argue about whether that ideal should be conceived formalistically or in terms of substantive values. Formalistically, the rule of law is associated with principles like generality, clarity, prospectivity, consistency, etc. Substantively, it is associated with market values, with constitutional rights, and with freedom and human dignity. In this paper, I argue for a third layer of complexity: the procedural aspect of the rule of law; the aspects of rule-of-law requirements that have to do with (...) "natural Justice" or "procedural due process." These I believe have been neglected in the jurisprudential literature devoted specifically to the idea of the rule of law and they deserve much greater emphasis. Moreover procedural values go beyond elementary principles like the guarantee of an unbiased tribunal or the opportunity to present and confront evidence. They include the right to argue in a court about what the law is and what its bearing should be on one's situation. The provision that law makes for argument is necessarily unsettling, and so this emphasis on the procedural aspect highlights the point predictability should not be regarded as the be-all and end-all of the rule of law. (shrink)