The paper deals with the notion of guilt according to Heidegger’s philosophy and its repercussions for the understanding of guilt according to criminal law doctrine and theory. Heidegger’s notion on guilt is tantamount to Dasein’s incapacity to exhaust all its existential possibilities, whereas legal guilt has to do only with man’s legal indebtedness, which is an aspect of inauthenticity, a deficient mode of ontological responsibility. This does not mean, though, sheer amoralism or apologetics to violence. In late Heidegger one (...) may discern traces of an ontological ethics, which refers to Dasein’s attunement to Being and especially to the sparing and healing of the Fourfold as these are coming to presence through poetic dwelling; through, that is, an authentic contact with the Uncanny, meaning a radical exposure to Being’s enigmatic hiddenness, the endurance in front of the abyss of Nothingness. In this framework there remains no space for assuming any moral-juridical responsibility, because Dasein is predestined to err constantly due to the ruptures and turnings of Being’s history. Legal blameworthiness is thus obsolete because, injustice being according to Heidegger the dis-jointure of Being’s order, there is ontologically no imputable ‘legal’ crime; there is only Dasein’s eventful projecting-opening within errancy. Whether though this notion of ‘Being’ is a new ‘arche’ to be superseded emerges then as the crucial question. To regain any non-metaphysical notion of guilt is after Heidegger only possible through a theoretical move which cannot ignore his legacy but also has to go beyond the Master. (shrink)

This book offers a critical examination of those theories and advances a new argument for punishment's justification, calling it the 'duty view'.

The book focuses on one fundamental thesis: when creating the norms of criminal law, the legislator should strive for their compatibility with the principle of human dignity while taking into account the ethical legitimacy of criminal law.

These four volumes address the question of the kinds of conduct may the state make criminal without infringing on the moral autonomy of individual citizens.

In this volume, Feinberg focuses on the meanings of "interest," the relationship between interests and wants, and the distinction between want-regarding and ideal-regarding analyses on interest and hard cases for the applications of the concept of harm. Examples of the "hard cases" are harm to character, vicarious harm, and prenatal and posthumous harm. Feinberg also discusses the relationship between harm and rights, the concept of a victim, and the distinctions of various quantitative dimensions of harm, consent, and offense, including the (...) magnitude, probability, risk, and "importance" of harm. (shrink)

Thinking about justice -- The possibility of a justice convention -- The justice convention continued: Deliberating about the proper scope of public protection -- The justice convention continued: Deliberating about the appropriate response to wrongdoing -- The justice convention continued: Deliberating about criminal procedure -- The justice convention concluded: Deliberating about equality -- From natural law to human rights -- Nuremberg and beyond: the creation oa a system of international criminal justice -- Transitional justice: New democracies grapple with (...) their past -- The right to be let alone: determining the scope of personal freedom -- Justice in a lifeboat: Thinking about life-life tradeoffs -- Restorative justice: A challenge to the currrent system of criminal justice -- Sentencing offenders in noncapital cases -- Sentencing offenders in capital cases: The death penalty -- Justice and mercy. (shrink)

As one of the most massive and successful business sectors, the pharmaceutical industry is a potent force for good in the community, yet its behaviour is frequently questioned: could it serve society at large better than it has done in the recent past? Its own internal ethics, both in business and science, may need a careful reappraisal, as may the extent to which the law - administrative, civil and criminal - succeeds in guiding (and where neccessary contraining) it. The (...) rules of behavior that may be considered to apply to today's pharmaceutical industry have emerged over a very long period and the process goes on. Even the immensely detailed standards for quality, safety and efficacy laid down in drug law and regulation during the second half of the twentieth century have their limitations as tools for ensuring that the public interest is well served. In particular, national and regional regulatory agencies are heavily dependent on industrial data for their decision-making, their standards and competence vary, and even the existing network of agencies does not cover the entire world. What is more there are many areas of law and regulation affecting the industry, concerning for example the pricing of medicines, the conduct of clinical studies, the health protection of workers and concern for the environment. In some fields it is indeed hardly possible to maintain standards through regulation. Professor N.M. Graham Dukes, a physician and lawyer with long term experience in industrial research management, academic study and international drug policy, provides here a powerfully documented analysis into the way this industry thinks, acts, and is viewed, and examines the current trends pointing to change. *Provides a balanced picture of the current role of the pharmaceutical industry in society *Includes indices of conventions, laws, and regulations; as well as judicial and disciplinary cases *This is the only book addressing the legal implications of big pharma activities and ethical standards. (shrink)

This book explores the relevance of virtue theory to law from a variety of perspectives. The concept of virtue is central in both contemporary ethics and epistemology. In contrast, in law, there has not been a comparable trend toward explaining normativity on the model of virtue theory. In the last few years, however, there has been an increasing interest in virtue theory among legal scholars. 'Virtue jurisprudence' has emerged as a serious candidate for a theory of law and adjudication. Advocates (...) of virtue jurisprudence put primary emphasis on aretaic concepts rather than on duties or consequences. Aretaic concepts are, on this view, crucial for explaining law and adjudication. This book is a collection of essays examining the role of virtue in general jurisprudence as well as in specific areas of the law. Part I puts together a number of papers discussing various philosophical aspects of an approach to law and adjudication based on the virtues. Part II discusses the relationship between law, virtue and character development, with some of the essays selected analysing this relationship by combining both eastern perspectives on virtue and character with western approaches. Parts III and IV examine problems of substantive areas of law, more specifically, criminal law and evidence law, from within a virtue-based framework. Last, Part V discusses the relevance of empathy to our understanding of justice and legal morality. (shrink)

It is commonly understood that in its focus on rights and obligations law is centrally concerned with organising responsibility. In defining how obligations are created, in contract or property law, say, or imposed, as in tort, public, or criminal law, law and legal institutions are usually seen as society’s key mode of asserting and defining the content and scope of responsibilities. This book takes the converse view: legal institutions are centrally involved in organising irresponsibility. Particularly with respect to the (...) production of large-scale harms – including extensive human rights violations, forms of colonialism, or environmental or nuclear devastation – and in opposition to conventional understandings of responsibility in law, morality and politics, the book provides a detailed analysis of the ways in which legal institutions – their practices, concepts, and categories – themselves operate as much to deflect responsibility for harms suffered as they do to acknowledge them. Drawing on a series of case studies from local, national, and global concerns the book analyses how law facilitates dispersals and disavowals of responsibility, and it shows how it does so in consistent and patterned ways. In assessing how this ‘organised irresponsibility’ operates, and what its consequences are for both legal analysis and society generally, a thoroughgoing re-evaluation of law’s methods, operation, and consequences is required. At stake is nothing less than a fundamental re-assessment of the role of modern law in the production and legitimation of human suffering. This innovative and interdisciplinary book provides a sustained challenge to conventional thinking about law and legal institutions. It will be of major interest to those working in law, political and legal theory, sociology and moral philosophy. (shrink)

Stephen Darwall presents a series of essays that explore the Second-Person Standpoint --an argument which advances an analysis of central moral concepts as irreducibly second personal in the sense of entailing mutual accountability and the authority to address demands. He illustrates the power of the second-personal framework to illuminate a wide variety of issues in moral, political, and legal philosophy. Section I concerns morality: for example, its distinctiveness among normative concepts, the relation between 'bipolar' obligations and moral (...) obligation period, and whether morality requires general principles. Section II focuses on autonomy, its relation to the will, and the sense in which we can give ourselves reasons for acting. And Section III concerns the nature of authority and the law. It argues that only a second-personal framework is able to explain these and the differences between criminal and civil law. (shrink)

Lawyers who write about responsibility tend to focus on criminal law at the expense of civil and public law; while philosophers tend to treat responsibility as a moral concept,and either ignore the law or consider legal responsibility to be a more or less distorted reflection of its moral counterpart. This book aims to counteract both of these biases. By adopting a comparative institutional approach to the relationship between law and morality, it challenges the common view that morality (...) stands to law as critical standard to conventional practice. It shows how law and morality interact symbiotically, and how careful study of legal concepts of responsibility can add significantly to our understanding of responsibility more generally. Central to this project is a distinction between two paradigms of responsibility -- the criminal law paradigm and the civil law paradigm. Whereas theoretical discussions of responsibility tend focus on conduct and agency, taking account of civil law reveals the importance of outcomes and the interests of victims and society to ideas of responsibility. The book examines from a distinctively legal point of view central philosophical questions about responsibility such as its relationship with culpability (challenging the common view that moral responsibility requires fault), causation and personality. It explores the relevance of sanctions and problems of proof and enforcement to ideas of responsibility, as well as the relationship between responsibility and distributive justice, and the role of concepts of responsibility in public law. At the heart of this book lie two questions: what does it mean to say we are responsible? and, what are our responsibilities? Its aim is not to answer these questions but to challenge some traditional approaches to answering them and more importantly, to suggest fruitful alternative approaches that take law seriously. (shrink)

Die Frage nach der Legitimität staatlicher Strafe ist Gegenstand einer anhaltenden und bisweilen ausufernden Diskussion, die inzwischen eine kaum noch überschaubare Fülle von Texten im rechts- und moralphilosophischen, staatstheoretischen und strafrechtlichen Schrifttum hervorgebracht hat. Mit Benthams utilitaristischem Prinzip des größten Glücks der größten Zahl und des im Retributivismus entscheidenden intrinsischen Unwertes der Tat als Anknüpfungspunkt der Strafe sowie dessen prominentesten Vertreter Kant werden die verschiedenen Strafkonzeptionen vorgestellt - einschließlich jenen, in denen beide Elemente miteinander verknüpft sind - wie etwa im (...) Strafziel der Resozialisierung. Darüber hinaus werden die unterschiedlichen staatstheoretischen Modelle, die dem utilitaristischen und retributivistischen Ansatz entsprechen im einzelnen entfaltet. Die Anwort auf die Frage nach der Vereinigung der Zweckbestimmungen staatlichen Strafens mit den fundamentalen Vorstellungen über Freiheit, Verantwortlichkeit, Schuldfähigkeit und damit Personalität, wie sie innerhalb des gedanklichen Horizontes einer staatlichen Gemeinschaft konsensfähig sind, bleibt jedoch zwangsläufig offen. (shrink)

Society, Ethics, and the Law: Text Reader is designed for the criminal justice ethics course, typically taught within the criminal justice, philosophy, or social science department. This course is primarily taken by junior and senior undergraduate students who are majoring in criminal justice or other related fields. Ethics is one of the six required topic areas in criminal justice education as defined by the Academy of Criminal Justice Sciences. The Academy of Criminal Justice Sciences (...) standards are located at www.acjs.org/page/ProgramStandards. The required content areas are defined in B.5. Table 1. Although ACJS has moved away from 'certifying' academic programs, the standards still serve as the primary benchmarks for program reviews for criminal justice degree programs. The text consists of 12 sections with five readings per section. Each section consists of an Introduction to the section, three articles related to the topic, and a 'character in context' article. The character in context article is intended to be written by a practitioner with work experience connected to the theme of the section with a more conversational format (versus the articles which are traditional academic articles). This title is contributed by experts in the field, many of whom are prominent within ACJS and have been presenting their topics at relevant conferences to full audiences. The shorter, article format is designed to appeal to today's student, while providing a sufficient depth of coverage as expected by the course instructor. The selected articles range from traditional philosophical based academic articles to conversational style narratives of practitioners' experiences with ethic issues within the criminal justice system. The text will contain topics not traditionally covered in a criminal justice ethics course; this renders the book appealing to ethics courses offered in philosophy and social science departments, while also remaining relevant to criminal justice students. (shrink)

Incisively and stylishly written, this book constitutes an open challenge to reconsider the fundamental question of the relationship of law to society.

In this paper we introduce the nascent literature on Moral Uncertainty Theory and explore its application to the criminal law. Moral Uncertainty Theory seeks to address the question of what we ought to do when we are uncertain about what to do because we are torn between rival moral theories. For instance, we may have some credence in one theory that tells us to do A but also in another that tells us to do B. We (...) examine how we might decide whether or not to criminalize some conduct when we are unsure as to whether or not the conduct is morally permitted, and whether or not it is permissible to criminalize the conduct. We also look at how we might make sentencing decisions under moral uncertainty. We argue that Moral Uncertainty Theory can be an illuminating way to address these questions, but find that doing so is a lot more complicated than applying Moral Uncertainty Theory to individual conduct. (shrink)

The specialised vocabularies of lawyers, ethicists, and political scientists obscure the roots of many real disagreements. In this book, the distinguished American international lawyer Alfred Rubin provides a penetrating account of where these roots lie, and argues powerfully that disagreements which have existed for 3,000 years are unlikely to be resolved soon. Current attempts to make 'war crimes' or 'terrorism' criminal under international law seem doomed to fail for the same reasons that attempts failed in the early nineteenth century (...) to make piracy, war crimes, and the international traffic in slaves criminal under the law of nations. And for the same reasons, Professor Rubin argues, it is unlikely that an international criminal court can be instituted today to enforce ethicists' versions of 'international law'. (shrink)

What is law? How is legal responsibility defined? How does law reflect moral judgment? Why are law's definitions uncertain and conflicted? Basic questions for liberal law and criminal justice - what could they have to do with the forgotten historical figure of the Beautiful Soul? Starting from concrete legal issues, Alan Norrie develops a critical vision of law in its relation to morality and socio-historical context. Liberal law, he argues, is marked by splits and contradictions (antinomies), signs of (...) something missed. Traced historically, such conflicts can be read today in law's treatment of legality and justice, judgment and responsibility. A critical understanding must also be self-critical. From splits in law, Norrie moves to the split in critique: between its socio-historical and ethical forms. Drawing on critical realism and deconstruction, on the dialectics of Hegel, Adorno and Bhaskar, he argues for a form of critical thought that is at once historical and ethical. Thinking critically about critique finally leads to the Beautiful Soul, and its unexpected relation to law. These essays will be of interest to academics and advanced students of legal theory; criminal law, criminology and criminal justice; law and social theory; and critical legal studies. (shrink)

With the principle of tour de force, we refer to the use of the power of moral legality, the strength of statutes, and the fairness of judgments. A quantum force of moral legality and legal morality serves as an imperative force in the implementation of fair criminal justice, as well as in the prevention of future victims across the globe. Contrary to positivist ideas, the simple notion of morality contains within itself the very essence of international (...) class='Hi'>criminal norms. If the source of morality did not exist in the structure of our criminal justice, we could no longer call it criminal justice and would instead have to call it criminal revenge. Beyond the moral essence of international criminal justice, we also challenge the hidden illegality and immorality of certain attitudes. This is done in order to prevent acts which violate human rights law and criminal justice provisions. The codes of international human rights law cannot properly function without the comprehensive nature of morality which elevates the moral virtue of international criminal justice and strengthens the tour de force. One may observe that the principle of the tour de force of the moral virtue within the system of international criminal justice loses its legal power when governments attempt to justify their unjust decisions. This is the main reason why the major potential value of the tour de force of the moral virtue of human rights law and international criminal justice is not as strong as it should be. In order to achieve a vision of the tour de force of moral virtue, we need to establish a devoted influential ethical vision of the truth beyond political tradition. An unparalleled philosophical piece of literature for libraries. (shrink)

Ost S. Drs Bramhall and Bawa-Garba and the rightful domain of the criminal ….

This study aims to identify artificial intelligence (AI) technologies that are applied in climate-smart agricultural practices and address ethical concerns of deploying those technologies from legal perspectives. As climate-smart agricultural AI, the study considers those AI-based technologies that are used for precision agriculture, monitoring peat lands, deforestation tracking, and improved forest management. The study utilized a systematic literature review approach to identify and analyze AI technologies employed in climate-smart agriculture and associated ethical and legal concerns. The study findings (...) indicate several ethical concerns for deploying AI in climate-smart agricultural practices pertaining to data inaccuracy, other technical errors based on wrong recommendations or wrongful acts, data ownership and intellectual property issues, and economic issues resulting in digital division and privacy and security related issues. In this study, the ethical concerns were further examined based on criminal law, tort law, privacy and data protection law, and intellectual property law. In this regard, the study finds that the current tort law pattern is more suitable than the criminal law pattern to address some major ethical concerns, such as data inaccuracy and other technical errors based on wrong recommendations or wrongful acts. Finally, the study recommends that at the global level, all countries need to fill up the current gap of international law on climate-smart agriculture through agreeing on a standard set of legal provisions and enhancing collaboration in innovation and deployment of climate-smart agricultural AI. It further recommends that at the local level, countries need to adopt suitable regulations addressing multi-stakeholders’ interests associated with the deployment of climate-smart agricultural AIs. (shrink)

In this chapter we introduce the nascent literature on Moral Uncertainty Theory and explore its application to the criminal law. Moral Uncertainty Theory seeks to address the question of what we ought to do when we are uncertain about what to do because we are torn between rival moral theories. For instance, we may have some credence in one theory that tells us to do A but also in another that tells us to do B. We (...) examine how we might decide whether or not to criminalize some conduct when we are unsure as to whether or not the conduct is morally permitted and whether or not it is permissible to criminalize the conduct. We also look at how we might make sentencing decisions under moral uncertainty. We argue that Moral Uncertainty Theory can be an illuminating way to address these questions but find that doing so is a lot more complicated than applying Moral Uncertainty Theory to individual conduct. (shrink)

In three parts, this volume in the AP-LS series explores the phenomena of captivity and risk management, guided and informed by the theory, method, and policy of psychological jurisprudence. The authors present a controversial thesis that demonstrates how the forces of captivity and risk management are sustained by several interdependent "conditions of control." These conditions impose barriers to justice and set limits on citizenship for one and all. Situated at the nexus of political/social theory, mental health law and jurisprudential ethics, (...) the book examines and critiques constructs such as offenders and victims; self and society; therapeutic and restorative; health; harm; and community. So, too, are three "total confinement" case law data sets on which this analysis is based. The volume stands alone in its efforts to systematically "diagnose" the moral reasoning lodged within prevailing judicial opinions that sustain captivity and risk management practices impacting: (1) the rights of juveniles found competent to stand criminal trial, the mentally ill placed in long-term disciplinary isolation, and sex offenders subjected to civil detention and community re-entry monitoring; (2) the often unmet needs of victims; and (3) the demands of an ordered society. Carefully balancing sophisticated insights with concrete and cutting-edge applications, the book concludes with a series of provocative, yet practical, recommendations for future research and meaningful reform within institutional practice, programming, and policy. (shrink)

When should we make use of the criminal law? Suppose that a responsible legislature seeks to enact a morally justifiable range of criminal prohibitions. What criteria should it apply when deciding whether to proscribe conduct? Crimes, Harms, and Wrongs is a philosophical analysis of the nature, significance, and ethical limits of criminalisation. The authors explore the scope and moral boundaries of harm-based prohibitions, proscriptions of offensive behaviour, and 'paternalistic' prohibitions aimed at preventing self-harm. Their aim is (...) to develop guiding principles for these various grounds of state prohibition, including an analysis of the constraints and mediating factors that weigh for and against criminalisation. Both authors have written extensively in the field. In Crimes, Harms, and Wrongs they have reworked a number of well-known essays and added several important new essays to produce an integrated, accessible, philosophically-sophisticated account that will be of great interest to legal academics, philosophers, and advanced students alike"--Provided by publisher. (shrink)

In a provocative essay, philosopher Jeffrie G. Murphy asks: 'what would law be like if we organized it around the value of Christian love, and if we thought about and criticized law in terms of that value?'. This book brings together leading scholars from a variety of disciplines to address that question. Scholars have given surprisingly little attention to assessing how the central Christian ethical category of love - agape - might impact the way we understand law. This book (...) aims to fill that gap by investigating the relationship between agape and law in Scripture, theology, and jurisprudence, as well as applying these insights to contemporary debates in criminal law, tort law, elder law, immigration law, corporate law, intellectual property, and international relations. At a time when the discourse between Christian and other world views is more likely to be filled with hate than love, the implications of agape for law are crucial. (shrink)

This valuable resource provides academic and student affairs practitioners with the tools to make informed legal and ethical decisions in their college and university contexts. Law is constantly changing and is interpreted differently from campus to campus based on institutional culture and history. This text provides higher education practitioners with tools to anticipate practical and responsible action, engaging readers in anticipatory and reflective practice. In this text, Boettcher and Salinas introduce the Institutional Intelligence Model, a helpful framework that guides (...) practitioners in examining a wide variety of campus issues. Throughout the book, readers can explore perspectives from current practitioners and utilize case studies to examine specific topics including admissions, academics, student living, confidential resources, and graduate student experiences. By using the strategies in this book, practitioners will be equipped to successfully navigate legal and ethical issues on their campuses. This text is ideal for graduate students, student and academic affairs professionals, and those in leadership positions responsible for working with and supporting students and staff teams. (shrink)

This incisive book deals with the use of the criminal law to enforce morality, in particular sexual morality, a subject of particular interest and importance since the publication of the Wolfenden Report in 1957. Professor Hart first considers John Stuart Mill's famous declaration: "The only purpose for which power can be rightfully exercised over any member of a civilized community is to prevent harm to others." During the last hundred years this doctrine has twice been sharply challenged by two (...) great lawyers: Sir James Fitzjames Stephen, the great Victorian judge and historian of the common law, and Lord Devlin, who both argue that the use of the criminal law to enforce morality is justified. The author examines their arguments in some detail, and sets out to demonstrate that they fail to recognize distinction of vital importance for legal and political theory, and that they espouse a conception of the function of legal punishment that few would now share. (shrink)

The Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications (...) of offences? The sixth volume in the series offers a philosophical investigation of the relationship between moral wrongdoing and criminalization. Considering the justification of punishment, the nature of harm, the importance of autonomy, inchoate wrongdoing, the role of consent, and the role of the state, the book provides an account of the nature of moral wrongdoing, the sources of wrongdoing, why wrongdoing is the central target of the criminal law, and the ways in which criminalization of non-wrongful conduct might be permissible. (shrink)

This volume presents new research on the use of experimental methodologies in moral and social philosophy. The contributions reflect the growing plurality of methodologies and strategies for implementing experimental work on morality to new domains, problems, and topics. Philosophers are exploring the ways in which empirical approaches can transform our idea of the good, our understanding of the social nature of norms and morality, as well as our methods of fulfilling ethical goals. The chapters in this volume extend (...) experimental work on morality to previously underexplored areas. The contributions in Part 1 explore the methods and foundations of experimental work in areas such as folk moral judgments, metaethical beliefs, moral explanations, and reflective equilibrium. Part 2 focuses on issues in normative ethics, legal, and political philosophy such as virtue ethics, utilitarianism, theories of justice, and criminal responsibility. Finally, the chapters in Part 3 tackle various applied ethical issues including feminist X-Phi, animal welfare, experimental bioethics, and self-driving cars. Experiments in Moral and Political Philosophy will be of interest to scholars and advanced students working in ethics, applied ethics, experimental philosophy, social and political philosophy, and philosophy of law. (shrink)

This collection of essays by one of America's leading legal theorists is unique in its scope: it shows how traditional problems of philosophy can be understood more clearly when considered in terms of law, economics, and political science.

While the importance of Consent has been discussed widely over the last few decades, interest in its study has received renewed attention in recent years, particularly regarding medical treatment, clinical research and sexual acts. The Routledge Handbook of the Ethics of Consent is an outstanding reference source to this exciting subject and the first collection of its kind. Comprising over thirty chapters by a team of international contributors the Handbook is divided into five main parts: General Questions Normative Ethics Legal (...) Theory Medical Ethics Political Philosophy ¿ Within these sections central issues, debates and problems are examined, including: the nature and normative importance of consent, paternalism, exploitation and coercion, privacy, sexual consent, consent and criminal law, informed consent, organ donation, clinical research, and consent theory of political obligation and authority. ¿ The Routledge Handbook of the Ethics of Consent is essential reading for students and researchers in moral theory, applied ethics, medical ethics, philosophy of law and political philosophy. This volume will also be very useful for those in related fields, such as political science, law, medicine and social science. (shrink)

Respect for confidentiality is firmly established in codes of ethics and law. Medical care and the patients' trust depend on the ability of the doctors to maintain confidentiality. Without a guarantee of confidentiality, many patients would want to avoid seeking medical assistance The principle of confidentiality, however, is not absolute and may be overridden by public interests. On some occasions (birth, death, infectious disease) there is a legal obligation on the part of the doctor to disclose but only to the (...) appropriate authorities. Permissible disclosure can be granted by the patients' consent, for example, for the purpose of insurance they may wish to take out. Moreover, there are some ambivalent situations (such as criminal acts, or notification of sexual partner in case of a patient with AIDS) for which Greek law does not include relevant provisions, and the Codes of Medical Ethics do not offer clear guidelines. Therefore, the Greek doctor is called to estimate the situation and assume full responsibility for his decision. Finally, new considerations have arisen in the context of the recent advances in the field of telemedicine and electronic archiving. The paper discusses the current situation and legislation in Greece. (shrink)

'Free will skepticism' refers to a family of views that all take seriously the possibility that human beings lack the control in action - i.e. the free will - required for an agent to be truly deserving of blame and praise, punishment and reward. Critics fear that adopting this view would have harmful consequences for our interpersonal relationships, society, morality, meaning, and laws. Optimistic free will skeptics, on the other hand, respond by arguing that life without free will and so-called (...) basic desert moral responsibility would not be harmful in these ways, and might even be beneficial. This collection addresses the practical implications of free will skepticism for law and society. It contains eleven original essays that provide alternatives to retributive punishment, explore what changes are needed for the criminal justice system, and ask whether we should be optimistic or pessimistic about the real-world implications of free will skepticism. (shrink)

This collection of essays by one of America's leading legal theorists is unique in its scope: It shows how traditional problems of philosophy can be understood more clearly when considered in terms of law, economics and political science. There are four sections in the book. The first offers a new version of legal positivism and an original theory of legal rights. The second section critically evaluates the economic approach to law, and the third considers the relationship of justice to liability (...) for unintentional harms and to the practice of settling disputes rather than fully litigating them. Finally, Coleman explores formal social choice in democratic theory, the relationship between market behaviour and voting, and the view that morality itself, like law, is a solution of the problem of market failure. This book will be of cardinal importance to philosophers of law, legal theorists, political scientists and economists. (shrink)

Excerpt from Science and Ethics: Being a Series of Six Lectures Delivered Under the Auspices of the Natural Law Research League And abroad (germany, France, America, but although within the circumscribed limits of these lectures I have not. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst (...) repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works. (shrink)

This collection of essays by one of America's leading legal theorists is unique in its scope: It shows how traditional problems of philosophy can be understood more clearly when considered in terms of law, economics and political science.

Who should define what constitutes ethical and lawful medical practice? Judges? Doctors? Scientists? Or someone else entirely? This volume analyses how effectively criminal law operates as a forum for resolving ethical conflict in the delivery of health care. It addresses key questions such as: how does criminal law regulate controversial bioethical areas? What effect, positive or negative, does the use of criminal law have when regulating bioethical conflict? And can the law accommodate moral controversy? (...) By exploring criminal law in theory and in practice and examining the broad field of bioethics as opposed to the narrower terrain of medical ethics, it offers balanced arguments that will help readers form reasoned views on the ethical legitimacy of the invocation and use of criminal law to regulate medical and scientific practice and bioethical issues. (shrink)

Who should define what constitutes ethical and lawful medical practice? Judges? Doctors? Scientists? Or someone else entirely? This volume analyses how effectively criminal law operates as a forum for resolving ethical conflict in the delivery of health care. It addresses key questions such as: how does criminal law regulate controversial bioethical areas? What effect, positive or negative, does the use of criminal law have when regulating bioethical conflict? And can the law accommodate moral controversy? (...) By exploring criminal law in theory and in practice and examining the broad field of bioethics as opposed to the narrower terrain of medical ethics, it offers balanced arguments that will help readers form reasoned views on the ethical legitimacy of the invocation and use of criminal law to regulate medical and scientific practice and bioethical issues. (shrink)

This handbook consists of essays on contemporary issues in criminal law and their theoretical underpinnings. Some of the essays deal with the relationship between morality and criminalization. Others deal with criminalization in the context of specific crimes such as fraud, blackmail, and revenge pornography. The contributors also address questions of responsible agency such as the effects of addiction or insanity, and some deal with punishment, its mode and severity, and the justness of the state’s imposition of it. These chapters (...) are authored by some of the most distinguished scholars in the fields of applied ethics, criminal law, and jurisprudence. (shrink)

This book uses a moral perspective grounded in the social contract to define the responsibilities assumed by the police.

When should a surveillance system that is used in preventive policing sacrifice the privacy of citizens to prevent criminality? What should be the impact of individual moral expectations when a social media platform designs an algorithm? To what degree can we use technology-driven deception in dementia care practices? And can we create a moral compass for a dashboard society? Over the last decade, the impact of technological innovation has been unprecedented. It has profoundly changed the way we participate (...) and interact in society. It has also led to new moral challenges. Not only because of the technology itself, but also because this technology is used in the context of a globalised world with a more prominent role for the private sector. This can result in moral confusion: individuals who alternately assume the role of citizen and consumer feel unable to influence the design of technology that has a strong impact on their core values. Sustaining this moral confusion is in nobody's long-term interest. In this book, we propose to overcome this moral confusion by using a bottom-up design approach that incubates ethics when constructing new technologies. This book is composed of four parts. In the first part we focus on how to integrate moral decisions and morality in the design process of new technology. In the second part we assess how moral design relates to related discourse, including business ethics, law and policy. In the third part of this book various case studies are highlighted that focus on particular moral design issues at the crossroads of technological innovation in the public and private sector. In the last part we look ahead and discuss what the future might look like if we use moral design as a central approach in creating new technology. This book is relevant for IT and engineering professionals, business leaders and policymakers with innovation in their portfolios, and students of (applied) science who are interested in the moral design of technology. The chapters are written by experts and leading researchers in an attractive, accessible and practical writing style. Each chapter offers colourful examples and challenges the reader to critically think through moral decision-making and the design of innovation"--Page 4 of cover. (shrink)

On liberty, by J. S. Mill.--Morals and the criminal law, by P. Devlin.--Immorality and treason, by H. L. A. Hart.--Lord Devlin and the enforcement of morals, by R. Dworkin.--Sins and crimes, by A. R. Louch.--Morals offenses and the model penal code, L. B. Schwartz.--Paternalism, by G. Dworkin.--Four cases involving the enforcement of morality: Shaw v. Director of Public Prosecutions; People v. Cohen; Repouille v. United States; Commonwealth v. Donoghue.--Bibliography (p. 149).

Political and social commentators regularly bemoan the decline of morality in the modern world. They claim that the norms and values that held society together in the past are rapidly eroding, to be replaced by permissiveness and empty hedonism. But as Edward Rubin demonstrates in this powerful account of moral transformations, these prophets of doom are missing the point. Morality is not diminishing; instead, a new morality, centered on an ethos of human self-fulfillment, is arising to replace the old (...) one. As Rubin explains, changes in morality have gone hand in hand with changes in the prevailing mode of governance throughout the course of Western history. During the Early Middle Ages, a moral system based on honor gradually developed. In a dangerous world where state power was declining, people relied on bonds of personal loyalty that were secured by generosity to their followers and violence against their enemies. That moral order, exemplified in the early feudal system and in sagas like The Song of Roland, The Song of the Cid, and the Arthurian legends has faded, but its remnants exist today in criminal organizations like the Mafia and in the rap music of the urban ghettos. When state power began to revive in the High Middle Ages through the efforts of the European monarchies, and Christianity became more institutionally effective and more spiritually intense, a new morality emerged. Described by Rubin as the morality of higher purposes, it demanded that people devote their personal efforts to achieving salvation and their social efforts to serving the emerging nation-states. It insisted on social hierarchy, confined women to subordinate roles, restricted sex to procreation, centered child-rearing on moral inculcation, and countenanced slavery and the marriage of pre-teenage girls to older men. Our modern era, which began in the late 18th century, has seen the gradual erosion of this morality of higher purposes and the rise of a new morality of self-fulfillment, one that encourages individuals to pursue the most meaningful and rewarding life-path. Far from being permissive or a moral abdication, it demands that people respect each other's choices, that sex be mutually enjoyable, that public positions be allocated according to merit, and that society provide all its members with their minimum needs so that they have the opportunity to fulfill themselves. Where people once served the state, the state now functions to serve the people. The clash between this ascending morality and the declining morality of higher purposes is the primary driver of contemporary political and cultural conflict. A sweeping, big-idea book in the vein of Francis Fukuyama's The End of History, Charles Taylor's The Secular Age, and Richard Sennett's The Fall of Public Man, Edward Rubin's new volume promises to reshape our understanding of morality, its relationship to government, and its role in shaping the emerging world of High Modernity. (shrink)