This book completes A. John Simmons's exploration and development of Lockean moral and political philosophy, a project begun in The Lockean Theory of Rights. Here Simmons discusses the Lockean view of the nature of, grounds for, and limits on political relations between persons. Originally published in 1993. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important (...) books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905. (shrink)

A. John Simmons is widely regarded as one of the most innovative and creative of today's political philosophers. His work on political obligation is regarded as definitive and he is also internationally respected as an interpreter of John Locke. The characteristic features of clear argumentation and careful scholarship that have been hallmarks of his philosophy are everywhere evident in this collection. The essays focus on the problems of political obligation and state legitimacy as well as on historical theories (...) of property and justice. Cumulatively the collection presents a distinctive social and political philosophy, exploring the nature of our most fundamental rights and obligations, and displaying the power and plausibility of Lockean ideal theory. (shrink)

A. John Simmons is widely regarded as one of the most innovative and creative of today's political philosophers. His work on political obligation is regarded as definitive and he is also internationally respected as an interpreter of John Locke. The characteristic features of clear argumentation and careful scholarship that have been hallmarks of his philosophy are everywhere evident in this collection. The essays focus on the problems of political obligation and state legitimacy as well as on historical theories (...) of property and justice. Cumulatively the collection presents a distinctive social and political philosophy, exploring the nature of our most fundamental rights and obligations, and displaying the power and plausibility of Lockean ideal theory. (shrink)

John Locke's political theory has been the subject of many detailed treatments by philosophers and political scientists. But The Lockean Theory of Rights is the first systematic, full-length study of Locke's theory of rights and of its potential for making genuine contributions to contemporary debates about rights and their place in political philosophy. Given that the rights of persons are the central moral concept at work in Locke's and Lockean political philosophy, such a study is long overdue.

This chapter contains sections titled: Definitions Justification and the Duty to Obey.

John Locke's name is invariably included on lists of the modern fathers of social contract thought. This chapter begins with a brief discussion on the basics of social contract thought and the specific ways in which Locke's political philosophy participates in the social contract tradition. In Locke's day, and for well over a century before Locke, social contract theories almost always involved historical claims as well, with the precise relationship between the historical and normative wings of the theory varying (...) considerably between theories. The political voluntarism of Locke's social contract theory is utterly non‐historical and thoroughly individualist. To join an existing society simply involves consenting to the standing terms of the social contract of that society. Locke voices the now familiar democratic insistence that representative government must involve only "fair and equal representation". (shrink)

As its subtitle indicates, Democracy’s Discontent is a study of the political philosophies that have guided America’s public life. The “search” Michael Sandel describes has, in his view, temporarily come to a disappointing resolution in America’s acceptance of a liberal “public philosophy” that “cannot secure the liberty it promises” and has left Americans “discontented” with their “loss of self-government and the erosion of community”. This theme is unlikely to surprise readers familiar with Sandel’s earlier work. What may surprise them is (...) how little of Sandel’s second book is devoted to his critique of liberal theory or to his defense of his favored “republican” alternative. Far less than 10 percent of the book is devoted to characterizing liberal and republican political philosophy and to argument concerning their relative theoretical virtues. The body of Democracy’s Discontent is a history of American Constitutional law and political/economic debate, from pre-Revolutionary times to the Clinton presidency, all designed to show that the republican vision that has animated so much of that history has been recently abandoned to our detriment, replaced by a liberal public philosophy whose dramatic failure in practice “recapitulates” its “poverty in theory”. Sandel’s history is lively and engaging, and many of his analyses are insightful and persuasive. But the looseness in his treatment of theory regularly infects the conclusions he draws from this history and undermines his efforts to show that American political practice indicts liberal political philosophy. (shrink)

The prelims comprise: The Basic Concepts The Philosophical Problem Brief History Socrates and the Three Strategies Particularity and Natural Duty Accounts Associative Accounts Transactional Accounts Pluralist and Anarchist Responses Bibliography.

Every political theorist will need this book . . . . It is more 'important' than 90% of the work published in philosophy."--Joel Feinberg, University of Arizona.

Outlining the major competing theories in the history of political and moral philosophy--from Locke and Hume through Hart, Rawls, and Nozick--John Simmons attempts to understand and solve the ancient problem of political obligation. Under what conditions and for what reasons, he asks, are we morally bound to obey the law and support the political institutions of our countries?

This chapter examines John Locke's work entitled Two Treatises of Government. It suggests that this work helped revitalize the social contract tradition by extending the elements of Calvinist political thought, and expanded the modern natural law tradition of Hugo Grotius and Samuel von Pufendorf. The chapter also contends that this work represents Locke's defense of his political philosophy and of the Whig political principles.

In this essay I will discuss the relationship between two of the most basic ideas in political and legal philosophy: the justification of the state and state legitimacy. I plainly cannot aspire here to a complete account of these matters; but I hope to be able to say enough to motivate a way of thinking about the relation between these notions that is, I believe, superior to the approach which seems to be dominant in contemporary political philosophy. Today showing that (...) a state is justified and showing that it is legitimate are typically taken to require the very same arguments. I will argue that this contemporary stance obscures the difference between two central ways in which we should morally evaluate states, and it generates confusions about other serious practical issues, such as those surrounding our moral obligations to comply with law. I begin with brief discussions of the ideas of justification and legitimacy and with an attempt to capture what ought to be most central in our concerns about these ideas. I turn then to two basic ways of thinking about the relation between justification and legitimacy that I want to distinguish: what I will call the Lockean and the Kantian approaches. Next, I argue that the minority Lockean approach to this issue captures essential features of institutional evaluation that the majority Kantian approach does not; and I add brief mention of one further complication facing any adequate account of political evaluation. (shrink)

Loneliness in medicine is a serious problem not just for patients, for whom illness is intrinsically isolating, but also for physicians in the contemporary condition of medicine. We explore this problem by investigating the ideal physician-patient relationship, whose analogy with friendship has held enduring normative appeal. Drawing from Talbot Brewer and Nir Ben-Moshe, we argue that this appeal lies in a dynamic form of companionship incompatible with static models of friendship-like physician-patient relationships: a mutual refinement of embodied virtue that draws (...) both persons together. The ideal physician-patient relationship has a dialectical character that fosters each member's improvement of phenomenologically recognizing and embodying moral virtues. A key component of this dynamic is a commitment to the common goal of the patient's health, realized through joint interactivities and conversations over time. The physician's presence to the patient's suffering—understood best as an alienating phenomenological condition for the patient—orients and discloses possibilities for virtuous caregiving by structuring the meanings of the goals, conversations, and joint narrative constitutive of their relationship. Presence to suffering, paradoxically, is perhaps an important prerequisite for this dynamic partnership. These activities dialectically build an interpretive horizon of understanding through which moral goods and character refinement—in and for the other—may become revealed for both persons in their shared being-in-the-world. This analysis of suffering, mood, and revealing of (possible) moral goods has implications for addressing the modern problem of loneliness for patients and physicians, who are increasingly inhibited from building flourishing relationships with each other. (shrink)

Euteleology is a metaphysics according to which reality is inherently purposive and the contingent Universe exists ultimately because reality’s overall telos, the supreme good, is realized within it. This book provides an exposition of euteleology and a defence of its coherence. The main aim is to establish that euteleological metaphysics provides a religiously adequate alternative to the ‘personal-omniGod’ understanding of theism prevalent amongst analytic philosophers. The quest for an alternative to understanding the God of the Abrahamic traditions as an omnipotent, (...) omniscient, morally perfect personal being is motivated by criticizing the religious adequacy of this conception of God. This criticism deploys a ‘normatively relativized’ version of the ‘logical’ Argument from Evil: it is argued that an omnipotent personal agent would unavoidably be responsible for a morally flawed relationship with human beings caught up in horrendous evils. Reasons are given for preferring a ‘non-personalist’ account of theism, and the religious adequacy of a euteleological theism is then defended against two main objections—first, that it faces a problem of evil that threatens its coherence, and, second, that it cannot make good sense of the practices of prayer and worship that are essential to theist religion. An important theme is that, though God is not a personal being, nor any kind of ‘being amongst beings’ in basic euteleological ontology, God-talk may be understood as resting on a radical analogy that is apt for enabling right human responses to ultimate divine reality. (shrink)

The idea that technologies can change moral beliefs and practices is an old one. But how, exactly, does this happen? This paper builds on an emerging field of inquiry by developing a synoptic taxonomy of the mechanisms of techno-moral change. It argues that technology affects moral beliefs and practices in three main domains: decisional (how we make morally loaded decisions), relational (how we relate to others) and perceptual (how we perceive situations). It argues that across these three domains there are (...) six primary mechanisms of techno-moral change: (i) adding options; (ii) changing decision-making costs; (iii) enabling new relationships; (iv) changing the burdens and expectations within relationships; (v) changing the balance of power in relationships; and (vi) changing perception (information, mental models and metaphors). The paper also discusses the layered, interactive and second-order effects of these mechanisms. (shrink)

The problem of justifying legal punishment has been at the heart of legal and social philosophy from the very earliest recorded philosophical texts. However, despite several hundred years of debate, philosophers have not reached agreement about how legal punishment can be morally justified. That is the central issue addressed by the contributors to this volume. All of the essays collected here have been published in the highly respected journal Philosophy & Public Affairs. Taken together, they offer not only significant proposals (...) for improving established theories of punishment and compelling arguments against long-held positions, but also ori-ginal and important answers to the question, "How is punishment to be justified?"Part I of this collection, "Justifications of Punishment," examines how any practice of punishment can be morally justified. Contributors include Jeffrie G. Murphy, Alan H. Goldman, Warren Quinn, C. S. Nino, and Jean Hampton. The papers in Part II, "Problems of Punishment," address more specific issues arising in established theories. The authors are Martha C. Nussbaum, Michael Davis, and A. John Simmons. In the final section, "Capital Punishment," contributors discuss the justifiability of capital punishment, one of the most debated philosophical topics of this century. Essayists include David A. Conway, Jeffrey H. Reiman, Stephen Nathanson, and Ernest van den Haag. (shrink)

It is claimed by philosophers as diverse as Burke, Walzer, Dworkin, and MacIntyre that our political obligations are best understood as "associative" or "communal" obligations--that is, as obligations that require neither voluntary undertaking nor justification by "external" moral principles, but rather as "local" moral responsibilities whose normative weight derives entirely from their assignment by social practice. This paper identifies three primary lines of argument that appear to support such assertions: conceptual arguments, the arguments of nonvoluntarist contract theory, and communitarian arguments (...) (which emphasize both an "identity thesis" and a "normative independence thesis"). However, each of these lines of argument fails to show that political obligations are associative obligations. (shrink)

We subject others and are ourselves subjected to risk all the time - risk permeates life. Despite the ubiquity of risk and its imposition, philosophers and legal scholars have devoted little of their attention to the difficult questions stimulated by the pervasiveness of risk. When we impose risk upon others, what is it that we are doing? What is risking's moral significance? What moral standards govern the imposition of risk? And how should the law respond to it? This book highlights (...) these important but neglected questions and offers novel answers to them in a systematic way, constructing a normative framework of risk imposition that draws upon a wide range of insights from diverse sources within philosophy and legal theory.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. (shrink)

Anarchist political philosophers normally include in their theories (or implicitly rely upon) a vision of a social life very different than the life experienced by most persons today. Theirs is a vision of autonomous, noncoercive, productive interaction among equals, liberated from and without need for distinctively political institutions, such as formal legal systems or governments or the state. This "positive" part of anarchist theories, this vision of the good social life, will be discussed only indirectly in this essay. Rather, I (...) want to focus here on the "negative" side of anarchism, on its general critique of the state or its more limited critique of the specific kinds of political arrangements within which most residents of modern political societies live. Even more specifically, I will center my discussion on one particular version of this anarchist critique - the version that is part of the theory now commonly referred to as "philosophical anarchism". Philosophical anarchism has been much discussed by political philosophers in recent years. But it has not, I think, been very carefully defined or adequately understood. My object here will be to clear the ground for a fair evaluation of philosophical anarchism, by offering a more systematic account of the nature of the theory and of possible variants of the theory, and by responding to the most frequent objections to the theory. I hope by this effort to present philosophical anarchism as a more attractive, or at least a less obviously flawed, political philosophy. (shrink)

This book provides a comprehensive account of the intentionality of perceptual experience. With special emphasis on vision Searle explains how the raw phenomenology of perception sets the content and the conditions of satisfaction of experience.

When officials of some political society portray their state as legitimate - and when do they not! - they intend to be laying claim to a large body of rights, the rights in which their state's legitimacy allegedly consists. The rights claimed are minimally those that states must exercise if they are to retain effective control over their territories and populations in a world composed of numerous autonomous states. Often the rights states are trying to claim in asserting their legitimacy (...) go far beyond this minimum. But whether a state's claims are modest or extravagant, the rights claimed invariably fall into three categories. The first category is a set of rights held over or against those persons who fall within the state's claimed legal jurisdiction - what I will call rights over subjects. The second is a set of rights claimed against those persons without the state's jurisdiction - what we can call rights against aliens. And the third category is a set of rights held over a particular geographical territory (whose extent largely determines the scope of the state's jurisdiction) - call these rights over territory. The rights states claim in these three categories jointly define their conception of the sovereignty that they (or their governments or institutions) enjoy, sovereignty that is more extensive (strong, absolute) as the rights asserted in these categories are more numerous and wide-ranging. It is principally on the third of these categories - on the nature and possible moral bases for the claims states make over geographical territories - that I will focus in this essay. The modern state is a territorial entity, and it claims to be legitimately so. Sidgwick was surely correct when he wrote that "it seems essential to the modern conception of a State that its government should exercise supreme dominion over a particular portion of the earth's surface ... Indeed, in modern political thought the connection between a political society and its territory is so close that the two notions almost blend." Common sense seems to view the territoriality of the modern state as natural and unquestionable. That, perhaps, explains why so little has been written, either by contemporary theorists or by the authors of the classics of modern political philosophy, on the moral bases of the modern state's claimed rights over territory. States typically claim not only legal authority over their territories (i.e., that their rights over those territories should be affirmed by international law), but moral authority as well - at the very least insofar as the relevant principles of international law are thought themselves to have moral weight. My concern here, then, will be with the possible moral bases for the kinds of claims made over geographical territories by typical modern states. (shrink)

My aim of this paper is to clarify, and in a certain very limited way to defend, historical theories of property rights (and their associated theories of social or distributive justice). It is important, I think, to better understand historical rights for several reasons: first, because of the extent to which historical theories capture commonsense, unphilosophical views about property and justice; then, because historical theories have fallen out of philosophical fashion, and are consequently not much scrutinized anymore; and finally, because (...) of (what I see as) the continuing need to better understand the historical components of our society's responsibilities to the descendants of victims of systematic injustice in our own past. The case I will have in mind throughout is that of the property claims of Native American tribes, claims based on their historical standing as the original owners of certain lands and resources. And while I will concentrate here only on the question of rectifying past violations of property rights, this will constitute at least a start to answering more general questions about just rectification, which includes the more serious and less compensable wrongs of violence against persons. (shrink)

Contemporary political philosophers routinely assume that some form of the modern, territorial state must be justified and that in a justified state most of the claims that modern states make will be vindicated. The principal question for them is what form the state must take in order to achieve this justification. How minimal or extensive must the state be, how responsive to groups within its territories and to people without must it be, and so on. Christopher Morris’s An Essay on (...) the Modern State argues, in effect, that political philosophers should take a step backward from this starting point, to first examine more carefully the state itself, its purported justifications, and the claims states typically make over people and territories. This seems to me exactly the right prescription for political philosophy, and Morris’s book is an excellent illustration of how this step might be taken. Morris’s approach not only brings contemporary preoccupations into closer contact with those of classical political philosophy, it also nicely shows just how the projects of mainstream contemporary political philosophy are related to those of more radical and revisionist theory. (shrink)