39 found
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  1.  28
    The Conceptual Foundations of Transitional Justice.Colleen Murphy - 2017 - Cambridge University Press.
    Many countries have attempted to transition to democracy following conflict or repression, but the basic meaning of transitional justice remains hotly contested. In this book, Colleen Murphy analyses transitional justice - showing how it is distinguished from retributive, corrective, and distributive justice - and outlines the ethical standards which societies attempting to democratize should follow. She argues that transitional justice involves the just pursuit of societal transformation. Such transformation requires political reconciliation, which in turn has a complex set of institutional (...)
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  2.  35
    A Moral Theory of Political Reconciliation.Colleen Murphy - 2010 - New York: Cambridge University Press.
    Following extended periods of conflict or repression, political reconciliation is indispensable to the establishment or restoration of democratic relationships and critical to the pursuit of peacemaking globally. In this book, Colleen Murphy offers an innovative analysis of the moral problems plaguing political relationships under the strain of civil conflict and repression. Focusing on the unique moral damage that attends the deterioration of political relationships, Murphy identifies the precise kinds of repair and transformation that processes of political reconciliation ought to promote. (...)
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  3.  41
    III—On Principled Compromise: When Does a Process of Transitional Justice Qualify as Just?Colleen Murphy - 2020 - Proceedings of the Aristotelian Society 120 (1):47-70.
    Processes of transitional justice deal with large-scale wrongdoing committed during extended periods of conflict or repression. This paper discusses three common moral objections to processes of transitional justice, which I label shaking hands with the devil, selling victims short, and entrenching the status quo. Given the scale of wrongdoing and the context in which transitional justice processes are adopted, compromise is necessary. To respond to these objections, I argue, it is necessary to articulate the conditions that make a compromise principled. (...)
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  4. Lon Fuller and the moral value of the rule of law.Colleen Murphy - 2004 - Law and Philosophy 24 (3):239-262.
    It is often argued that the rule of law is only instrumentally morally valuable, valuable when and to the extent that a legal system is used to purse morally valuable ends. In this paper, I defend Lon Fuller’s view that the rule of law has conditional non-instrumental as well as instrumental moral value. I argue, along Fullerian lines, that the rule of law is conditionally non-instrumentally valuable in virtue of the way a legal system structures political relationships. The rule of (...)
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  5.  65
    The Responsibilities of Engineers.Justin Smith, Paolo Gardoni & Colleen Murphy - 2014 - Science and Engineering Ethics 20 (2):519-538.
    Knowledge of the responsibilities of engineers is the foundation for answering ethical questions about the work of engineers. This paper defines the responsibilities of engineers by considering what constitutes the nature of engineering as a particular form of activity. Specifically, this paper focuses on the ethical responsibilities of engineers qua engineers. Such responsibilities refer to the duties acquired in virtue of being a member of a group. We examine the practice of engineering, drawing on the idea of practices developed by (...)
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  6. Reconciliation.Linda Radzik & Colleen Murphy - 2015 - Stanford Encyclopedia of Philosophy.
    Particular conceptions of reconciliation vary across a number of dimensions. As section 1 explains, the kind of relationship at issue in a specific context affects the type of improvement in relations that might be necessary in order to qualify as reconciliation. Reconciliation is widely taken to be a scalar concept. Section 2 discusses the spectrum of intensity along which kinds of improvement in relationships fall, and indicates why, in particular contexts, theorists often disagree about the point along this spectrum that (...)
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  7.  88
    The acceptability and the tolerability of societal risks: A capabilities-based approach.Colleen Murphy & Paolo Gardoni - 2008 - Science and Engineering Ethics 14 (1):77-92.
    In this paper, we present a Capabilities -based Approach to the acceptability and the tolerability of risks posed by natural and man-made hazards. We argue that judgments about the acceptability and/or tolerability of such risks should be based on an evaluation of the likely societal impact of potential hazards, defined in terms of the expected changes in the capabilities of individuals. Capabilities refer to the functionings, or valuable doings and beings, individuals are able to achieve given available personal, material, and (...)
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  8.  36
    Understanding Engineers’ Responsibilities: A Prerequisite to Designing Engineering Education.Colleen Murphy & Paolo Gardoni - 2017 - Science and Engineering Ethics:1-4.
    The development of the curriculum for engineering education should be based on a comprehensive understanding of engineers’ responsibilities. The responsibilities that are constitutive of being an engineer include striving to fulfill the standards of excellence set by technical codes; to improve the idealized models that engineers use to predict, for example, the behavior of alternative designs; and to achieve the internal goods such as safety and sustainability as they are reflected in the design codes. Globalization has implications for these responsibilities (...)
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  9. Political reconciliation and international criminal trials.Colleen Murphy - 2010 - In Larry May & Zachary Hoskins (eds.), International Criminal Law and Philosophy. Cambridge University Press.
    I argue that international criminal trials can contribute to political reconciliation by fostering the social conditions required for law’s efficacy.
     
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  10.  26
    Understanding Engineers’ Responsibilities: A Prerequisite to Designing Engineering Education: Commentary on “Educating Engineers for the Public Good Through International Internships: Evidence from a Case Study at Universitat Politècnica de València”.Paolo Gardoni & Colleen Murphy - 2019 - Science and Engineering Ethics 25 (6):1817-1820.
    The development of the curriculum for engineering education (course requirements as well as extra-curricular activities like study abroad and internships) should be based on a comprehensive understanding of engineers’ responsibilities. The responsibilities that are constitutive of being an engineer include striving to fulfill the standards of excellence set by technical codes; to improve the idealized models that engineers use to predict, for example, the behavior of alternative designs; and to achieve the internal goods such as safety and sustainability as they (...)
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  11.  24
    (1 other version)Sovereignty, territory, and the legitimacy of the international order.Colleen Murphy - 2021 - Sage Publications: European Journal of Political Theory 21 (3):608-614.
    European Journal of Political Theory, Volume 21, Issue 3, Page 608-614, July 2022. In The Shifting Border, Ayelet Shachar argues that the exercise of sovereign power through border regimes no longer tracks territorial boundaries. In my commentary, I first argue that Shachar’s analysis implicitly calls into question the legitimacy of the international order. I then raise the worry that the logic which severs the link between the exercise of sovereignty and territory is the same logic that can be used to (...)
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  12.  21
    Political Philosophy and its Limits: A Response to de Shalit.Colleen Murphy - 2020 - Australasian Philosophical Review 4 (1):32-44.
    ABSTRACT Avner de Shalit’s central claim in “Political Philosophy and What People Think” is that political philosophers should take seriously the views of the public, but in practice philosophers do not do this. Moreover, philosophers lack adequate justifications for this lack of consideration. In my commentary, I first discuss de Shalit’s rebuttal of arguments that claim political philosophy searches for the truth and the truth is not empirical, which overlooks, in my view, a central debate among contemporary political philosophers as (...)
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  13.  78
    Evaluating the Source of the Risks Associated with Natural Events.Colleen Murphy & Paolo Gardoni - 2011 - Res Publica 17 (2):125-140.
    Within philosophy there has been little discussion of the risks associated with natural events such as earthquakes. The first objective of this paper is to demonstrate why such risks should be the subject of more sustained philosophical interest. We argue that we cannot simply apply to risks associated with natural events those insights and frameworks for moral evaluation developed in the literature considering ordinary risks, technological risks and the risks posed by anthropogenic climate change. The second objective of this paper (...)
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  14. Deliberative democracy and agency : linking transitional justice and development.Colleen Murphy - 2019 - In Lori Keleher & Stacy J. Kosko (eds.), Agency and Democracy in Development Ethics. New York, NY: Cambridge University Press.
  15. Gauging the societal impacts of natural disasters using a capability approach.Colleen Murphy & Paolo Gardoni - 2010 - Disasters 34 (3):619-636.
    There is a widely acknowledged need for a single composite index that provides a comprehensive picture of the societal impact of disasters. A composite index combines and logically organizes important information policy-makers need to allocate resources for the recovery from natural disasters; it can also inform hazard mitigation strategies. This paper develops a Disaster Impact Index (DII) to gauge the societal impact of disasters on the basis of the changes in individuals’ capabilities. The DII can be interpreted as the disaster (...)
     
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  16. Risk Analysis of Natural Hazards.Paolo Gardoni, Colleen Murphy & Arden Rowell (eds.) - 2016 - Springer.
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  17. Assessing capability instead of achieved functionings in risk analysis.Colleen Murphy & Paolo Gardoni - 2010 - Journal of Risk Research 13 (2):137-147.
    A capability approach has been proposed to risk analysis, where risk is conceptualized as the probability that capabilities are reduced. Capabilities refer to the genuine opportunities of individuals to achieve valuable doings and beings, such as being adequately nourished. Such doings and beings are called functionings. A current debate in risk analysis and other fields where a capability approach has been developed concerns whether capabilities or actual achieved functionings should be used. This paper argues that in risk analysis the consequences (...)
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  18.  22
    Accountability for Violations of the Laws of Armed Conflict: Domestic First, International Second.Colleen Murphy - 2023 - Mind 132 (528):952-958.
    My critical commentary focuses on Victor Tadros’ analysis of accountability for violations of the (revised) laws of armed conflict (LOAC) that he lays out (Tadr.
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  19.  75
    Determining public policy and resource allocation priorities for mitigating natural hazards: A capabilities-based approach.Colleen Murphy & Paolo Gardoni - 2007 - Science and Engineering Ethics 13 (4):489-504.
    This paper proposes a Capabilities -based Approach to guide hazard mitigation efforts. First, a discussion is provided of the criteria that should be met by an adequate framework for formulating public policy and allocating resources. This paper shows why a common decision-aiding tool, Cost-benefit Analysis, fails to fulfill such criteria. A Capabilities -based Approach to hazard mitigation is then presented, drawing on the framework originally developed in the context of development economics and policy. The focus of a Capabilities -based Approach (...)
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  20. Introduction to "Engineering Ethics for a Globalized World".Eyad Masad, Charles Harris, Hassan Bashir, Paolo Gardoni & Colleen Murphy - 2015 - In C. Murphy, P. Gardoni, H. Bashir, Harris Jr & E. Masad (eds.), Engineering Ethics for a Globalized World. Dordrecht: Springer International Publishing.
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  21.  35
    Technology and Transitional Justice.Colleen Murphy - 2021 - Social Philosophy and Policy 38 (2):170-190.
    Transitional justice refers to the process of dealing with widespread wrongdoing characteristically committed during the course of conflict and/or repression. Examples of such processes include criminal trials, truth commissions, reparations, and memorials. Technology is altering the forms that widespread wrongdoing takes. Technology is also altering the form of processes of transitional justice themselves. This essay provides a map of these changes and their normative implications.
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  22.  21
    Introduction to the Symposium on Sabine Roeser’s Risk, Technology, and Moral Emotions.Neelke Doorn & Colleen Murphy - 2020 - Science and Engineering Ethics 26 (4):1887-1890.
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  23.  83
    Classification and Moral Evaluation of Uncertainties in Engineering Modeling.Colleen Murphy, Paolo Gardoni & Charles E. Harris - 2011 - Science and Engineering Ethics 17 (3):553-570.
    Engineers must deal with risks and uncertainties as a part of their professional work and, in particular, uncertainties are inherent to engineering models. Models play a central role in engineering. Models often represent an abstract and idealized version of the mathematical properties of a target. Using models, engineers can investigate and acquire understanding of how an object or phenomenon will perform under specified conditions. This paper defines the different stages of the modeling process in engineering, classifies the various sources of (...)
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  24.  35
    International Criminal Trials and the Circumstances of Justice.Colleen Murphy - 2018 - Criminal Law and Philosophy 12 (4):575-585.
    Transitional justice is broadly understood to refer to formal efforts to deal with past wrongs in the midst of a transition from an extended period of conflict or repression to democracy. In this paper, I consider the role of international criminal trials in transitional justice. I argue that such trials may contribute to transitional justice, but such contributions are conditional on two main factors. The first factor is time. The second factor is what other transitional justice responses are adopted domestically.
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  25.  78
    Justice and Reconciliation in Post-Apartheid South Africa.Colleen Murphy - 2011 - Philosophical Papers 40 (1):49-154.
  26.  23
    John Oberdiek, Imposing Risk: A Normative Framework.Colleen Murphy & Arden Rowell - 2021 - Journal of Moral Philosophy 18 (1):103-107.
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  27.  44
    Jus Post Bellum and Political Reconciliation.Colleen Murphy & Linda Radzik - 2013 - In Larry May & Edenberg Elizabeth (eds.), Jus Post Bellum and Transitional Justice. Cambridge: Cambridge University Press.
    The category of jus post bellum is a welcome addition to discussions of the justice of war. But, despite its handy Latin label, we will argue that it cannot be properly understood merely as a set of corollaries from jus ad bellum and jus in bello. Instead, an acceptable theory of justice in the postwar period will have to draw on a broader set of normative ideas than those that have been the focus of the just war tradition. In this (...)
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  28.  38
    On theorizing transitional justice: responses to Walker, Hull, Metz and Hellsten.Colleen Murphy - 2018 - Journal of Global Ethics 14 (2):181-193.
    ABSTRACTTransitional justice encompasses a global body of scholarship and practice that concentrates on responses to large-scale wrongdoing in the context of an attempted shift from conflict and/or repression. In my book, The Conceptual Foundations of Transitional Justice I argue that transitional justice is a distinctive type of justice. Transitional justice requires the just pursuit of societal transformation. I define transformation relationally, as the terms defining interaction among citizens and between citizens and officials. Transformation is necessary because of the presence of (...)
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  29.  23
    Political Reconciliation, Jus Post Bellum and Asymmetric Conflict.Colleen Murphy - 2015 - Theoria: A Journal of Social and Political Theory 62 (145).
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  30.  88
    (1 other version)Political Reconciliation, the Rule of Law, and Genocide.Colleen Murphy - 2007 - The European Legacy 12 (7):853-865.
    Political reconciliation involves the repairing of damaged political relationships. This paper considers the possibility and moral justifiability of pursuing political reconciliation in the aftermath of systematic and egregious wrongdoing, in particular genocide. The first two sections discuss what political reconciliation specifically requires. I argue that it neither entails nor necessitates forgiveness. Rather, I claim, political reconciliation should be conceptualized as the (re-)establishment of Fullerian mutual respect for the rule of law. When a society governs by law, publicly declared legal rules (...)
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  31.  22
    Political reconciliation, the rule of law and post-traumatic stress disorder.Colleen Murphy - 2006 - In Nancy Potter (ed.), Trauma, Truth and Reconciliation: Healing Damaged Relationships. Oxford University Press.
    I discuss why one critical aspect of the process of political reconciliation involves the restoration of mutual respect for the rule of law and suggest that psychological research on post-traumatic stress disorder (PTSD) provides valuable resources for understanding how successfully to restore such mutual respect.
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  32.  28
    Reply to Critics.Colleen Murphy - 2016 - Criminal Law and Philosophy 10 (1):165-177.
    One of the central moral challenges facing numerous political communities today is political reconciliation. In the aftermath of repression, conflict, and injustice, communities confront the task of repairing damaged relationships among citizens and between citizens and officials. In A Moral Theory of Political Reconciliation, I develop a theory of what this process entails and of its moral significance. My central claim is that political relationships are damaged when and to the extent that they fail to express reciprocity and respect for (...)
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  33.  23
    Transitional Justice and Our Moral Fate.Colleen Murphy - 2021 - Jus Cogens 3 (1):73-84.
    In Our Moral Fate, Allen Buchanan defends an account of moral change that is grounded in evolutionary biology. His account offers resources for explaining the possibility of both moral progress and moral regression, where progress and regression are a function of moral inclusion and moral exclusion, respectively. In my commentary, I first offer a brief summary of Buchanan’s argument. I then examine Buchanan’s account from the perspective of transitional justice. Transitional justice provides confirming evidence for some of Buchanan’s substantive claims (...)
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  34.  24
    Transitional Justice, the United States, Equality, and Trade-offs.Colleen Murphy - 2019 - Social Philosophy Today 35:187-192.
  35. The Nature and Moral Importance of Political Reconciliation.Colleen Murphy - 2004 - Dissertation, The University of North Carolina at Chapel Hill
    Societies in transition from repressive rule or civil conflict to a just social order confront distinctive challenges. Many authors claim that the long-term stability of newly established democracies depends crucially upon the ability of former adversaries to reconcile. Interestingly, however, authors typically assume, rather than attempt to prove, the truth of this claim, thereby presupposing the moral value of political reconciliation. Similar assumptions underlie debates about whether truth commissions can be morally justified in granting amnesty to perpetrators of offenses against (...)
     
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  36. Review of Human Rights and Human Well-being. [REVIEW]Colleen Murphy - forthcoming - Notre Dame Philosophical Reviews.
  37.  16
    Book Review: Global Justice and Due Process, written by Larry May. [REVIEW]Colleen Murphy - 2014 - Journal of Moral Philosophy 11 (2):237-240.
  38.  62
    Philpott, Daniel. Just and Unjust Peace: An Ethic of Political Reconciliation. New York: Oxford University Press, 2012. Pp. 352. $29.95. [REVIEW]Colleen Murphy - 2013 - Ethics 123 (3):577-581.
  39.  23
    Selling the Future: The Perils of Predicting Global Politics, Ariel Colonomos, trans. Gregory Elliott , 224 pp., $37.50 cloth. [REVIEW]Colleen Murphy - 2018 - Ethics and International Affairs 32 (1):122-124.
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