This volume contains ten chapters, each of which takes up a different question in contemporary moral or political philosophy. The volume has three parts: meta-ethics, issues in freedom and autonomy, and contemporary political philosophy. In the meta-ethical section, the chapters address issues concerning acts and their value, the plausibility of aggregation and counting with respect to the value of human lives, and the role of moral character in causing and explaining moral behavior. In the second section, the chapters take up (...) questions about the connection between moral imagination and a plausible account of integrity, the connection between autonomy and rights to property, and the difficulties facing internalist accounts of autonomy. In the final section, the chapters address issues concerning feminist critiques of Rawlsian liberalism, the limits of liberalism and communitarianism, the importance of understanding Rawls's social contract as a contract for institutions, and the morality of nationalist movements. These chapters reflect a cross-section of the issues concerning value that are of contemporary scholarly interest in Canada and the United States. (shrink)

The world's first permanent international criminal tribunal for the prosecution and punishment of the world's most serious crimes was created in 2002. In Bringing Power to Justice? legal scholars, political scientists, and political philosophers respond to fundamental questions about the future of this court and international criminal justice. For instance, will the ICC be undermined by political constraints, given the opposition of major powers, including the United States? What are the implications of holding heads of state responsible for international crimes? (...) Are trials the best response to state crime or would other devices (such as truth commissions) be more suitable? Is retributive justice an appropriate response? The contributors offer indispensable and thoughtful assessment of the future of international criminal justice. (shrink)

The general aim of any social contract theory is to generate the terms of an agreement which the parties to the contract will accept and respect. In order to identify what terms are likely to be acceptable, the theorist needs to specify the character of the parties and the conditions in which they are making the agreement. A prior step is also needed. The theorist needs to show that the characteristics and conditions chosen are appropriate to the task of generating (...) an agreement. The theorist must have a defensible methodological framework for his or her project. ;In this dissertation I examine the different frameworks adopted by two contemporary political philosophers: John Rawls and David Gauthier. I argue that the neo-Hobbesian project undertaken by Gauthier in Morals by Agreement is flawed. His attempt to derive a general moral theory almost exclusively from a relatively uncontroversial conception of instrumental rationality is marred by his commitment to a description of the political subject as a discrete entity having an identity independent of its social relationships. ;I then argue that John Rawls, in A Theory of Justice and more explicitly in some more recent articles, supplies a more promising framework. He takes the considered judgements of socially situated individuals to be the base from which a theory of justice can be extracted. The connected ideas of "overlapping consensus" and "reflective equilibrium" are central to his project, and allow him to treat social agreements as flexible instruments which can accommodate and even facilitate political change. ;I defend Rawls against the charge that his theory cannot account for political stability, and also against the communitarian claim that his conception of justice undermines the crucial role that community membership plays in human life. I conclude by noting that the Rawlsian conception of justice does face certain limitations because it presupposes a particular definition of the political domain. I then consider how Rawls's framework might address this issue, and attempt to sketch a preliminary possibility. (shrink)

Shiner has produced a valuable contribution to the field of analytical jurisprudence. He remains faithful to the investigative and exploratory task that he set for himself. Legal Institutions and the Sources of Lawcan be usefully consulted by anyone interested in the idea of a “source of law”. And it can certainly be used as an authoritative reference by those legal and political theorists who wish to pursue a fuller normative approach to law or politics.