The punishment of criminals is a topic of long-standing philosophical interest since the ancient Greeks. This interest has focused on several considerations, including the justification of punishment, who should be permitted to punish, and how we might best set punishments for crimes. This entry focuses on the most important contributions in this field. The focus will be on specific theoretical approaches to punishment including both traditional theories of punishment (retributivism, deterrence, rehabilitation) and more contemporary alternatives (expressivism, restorative justice, hybrid theories, (...) unified theories) with an additional section on capital punishment, perhaps the particular form of punishment that has received the most sustained philosophical attention. These theories of punishment address two important questions: first, who should be permitted to punish and, secondly, who should be permitted to be punished. These questions then concern the justification of punishment and its distribution. While the majority today often identifies their theories as retributivist, there is a great diversity of theories defended. This entry will highlight the leading work for each view. (shrink)

Punishment is a topic of increasing importance for citizens and policy makers. Why should we punish criminals? Which theory of punishment is most compelling? Is the death penalty ever justified? These questions and many others are addressed in this highly engaging guide. Punishment is a critical introduction to the philosophy of punishment offering a new and refreshing approach that will benefit readers of all backgrounds and interests. This is the first critical guide to examine all leading contemporary theories of punishment, (...) including the communicative theory of punishment, restorative justice, and the unified theory of punishment. There are also several case studies examined in detail including capital punishment, juvenile offending, and domestic abuse. -/- Punishment highlights the problems and prospects of different approaches in order to argue for a more pluralistic and compelling perspective that is novel and groundbreaking. -/- Introduction; Retributivism; Deterrence; Rehabilitation; Restorative Justice; Rawls, Hart, and "mixed" theories; Expressivism; The Unified Theory; Capital Punishment; Juvenile Offending; Domestic Abuse; Sexual Crimes; Conclusion; Index. (shrink)

Global justice is an exciting area of refreshing, innovative new ideas for a changing world facing significant challenges. Not only does work in this area often force us to rethink about ethics and political philosophy more generally, but its insights contain seeds of hope for addressing some of the greatest global problems facing humanity today. The Oxford Handbook of Global Justice has been selective in bringing together some of the most pressing topics and issues in global justice as understood by (...) the leading voices from both established and rising stars across twenty-five new chapters. This Handbook explores severe poverty, climate change, egalitarianism, global citizenship, human rights, immigration, territorial rights, and much more. (shrink)

A new edition of the first systematic reading of Hegel's political philosophy Elements of the Philosophy of Right is widely acknowledged to be one of the most important works in the history of political philosophy. This is the first book on the subject to take Hegel's system of speculative philosophy seriously as an important component of any robust understanding of this text. Key Features •Sets out the difference between 'systematic' and 'non-systematic' readings of Philosophy of Right •Outlines the unique structure (...) of Hegel's philosophical arguments •Explores key areas of Hegel's political philosophy: his theories of property, punishment, morality, law, monarchy, war, democracy and history This significantly expanded second edition includes: a more detailed explanation of Hegel's philosophical system, two new chapters on his theories of democracy and history and an appendix detailing the implications this work has for future interpretations of Hegel's philosophy. (shrink)

This new second edition of Punishment includes a revised and expanded defence of the groundbreaking unified theory of punishment that brings together elements of retribution, deterrence and rehabilitation into a new coherent framework. Thom Brooks expands the chapter length case studies from capital punishment, juvenile offending, domestic violence and sex crimes to include new chapters on social media offences and corporate liability addressing some of today's most pressing issues in criminal justice.

Exploring the use of nudges and informed consent in medical ethics.

The future of philosophy is moving towards “global philosophy.” The idea of global philosophy is the view that different philosophical approaches may engage more substantially with each other to solve philosophical problems. Most solutions attempt to use only those available resources located within one philosophical tradition. A more promising approach might be to expand the range of available resources to better assist our ability to offer more compelling solutions. This search for new horizons in order to improve our clarity about (...) philosophical issues is at the heart of global philosophy. The idea of global philosophy encourages us to look beyond our traditions to improve our philosophical problem-solving by our own lights. Global philosophy is a new approach whose time is coming. This essay offers the first account of this approach and an assessment of its future promise. (shrink)

Polygamy is a hotly contested practice and open to widespread misunderstandings. This practice is defined as a relationship between either one husband and multiple wives or one wife and multiple husbands. Today, “polygamy” almost exclusively takes the form of one husband with multiple wives. In this article, my focus will center on limited defenses of polygamy offered recently by Chesire Calhoun and Martha Nussbaum. I will argue that these defenses are unconvincing. The problem with polygamy is primarily that it is (...) a structurally inegalitarian practice in both theory and fact. Polygamy should be opposed for this reason. (shrink)

Global justice is an exciting area of refreshing, innovative new ideas for a changing world facing significant challenges. Not only does work in this area often force us to rethink about ethics and political philosophy more generally, but its insights contain seeds of hope for addressing some of the greatest global problems facing humanity today. The Oxford Handbook of Global Justice has been selective in bringing together some of the most pressing topics and issues in global justice as understood by (...) the leading voices from both established and rising stars across twenty-five new chapters. This Handbook explores severe poverty, climate change, egalitarianism, global citizenship, human rights, immigration, territorial rights, and much more. (shrink)

Hegel’s project of reconciliation is central to his Philosophy of Right. This article argues that scholars have understood this project in one of two ways, as a form of rational reconciliation or a kind of endorsement. Each is incomplete and their inability to capture the kind of reconciliation Hegel has in mind is made apparent when we consider the kind of problem that the rabble creates for modern society, which reconciliation is meant to address. The article concludes that more than (...) mutual recognition is required and we should recognise the crucial role played by stakeholding, whereby citizens share a principled conviction about oneself and others. (shrink)

This article offers a justification for the continued use of jury trials. I shall critically examine the ability of juries to render just verdicts, judicial impartiality, and judicial transparency. My contention is that the judicial system that best satisfies these values is most preferable. Of course, these three values are not the only factors relevant for consideration. Empirical evidence demonstrates that juries foster both democratic participation and public legitimation of legal decisions regarding the most serious cases. Nevertheless, juries are costly (...) and, therefore, economically less efficient than competing modes of trial. I do not argue that all human beings possess an inalienable legal right to be tried by a jury. However, it is my hope that this analysis will make clear what we might gain or lose when we propose jury reforms. (shrink)

This article argues that even if we grant that murderers may deserve death in principle, retributivists should still oppose capital punishment. The reason? Our inability to know with certainty whether or not individuals possess the necessary level of desert. In large part due to advances in science, we can only be sure that no matter how well the trial is administered or how many appeals are allowed or how many years we let elapse, we will continue to execute innocent persons (...) for as long as we legalize capital punishment. Thus, on grounds of desert, this article argues that retributivists should oppose capital punishment. (shrink)

_The Global Justice Reader_ is a first-of-its kind collection that brings together key foundational and contemporary writings on this important topic in moral and political philosophy. Brings together key foundational and contemporary writings on this important topic in moral and political philosophy Offers a brief introduction followed by important readings on subjects ranging from sovereignty, human rights, and nationalism to global poverty, terrorism, and international environmental justice Presents the writings of key figures in the field, including Thomas Hobbes, Immanuel Kant, (...) John Rawls, Thomas Pogge, Peter Singer, and many others. (shrink)

Climate change presents us with perhaps the most pressing challenge today. But is it a problem we can solve? This article argues that existing conservationist and adaptation approaches fail to satisfy their objectives. A second issue that these approaches disagree about how best to end climate change, but accept that it is a problem that can be solved. I believe this view is mistaken: a future environmental catastrophe is an event we might at best postpone, but not avoid. This raises (...) new ethical questions for climate change: what are the moral implications of a future climatic catastrophe that might be delayed at best? What practical consequences might these implications yield? This article argues most political philosophers have misunderstood the kind of problem that climate change presents and the daunting challenges we face. (shrink)

My book, Punishment, has three aims: to provide the most comprehensive and updated examination of the philosophy of punishment available, to advance a new theory—the unified theory of punishment—as a compelling alternative to available theories and to consider the relation of theory to practice. In his recent review article, Mark Tunick raises several concerns with my analysis. I address each of these concerns and argue they rest largely on misinterpretations which I restate and clarify here.

abstract Shame punishments have become an increasingly popular alternative to traditional punishments, often taking the form of convicted criminals holding signs or sweeping streets with a toothbrush. In her Hiding from Humanity, Martha Nussbaum argues against the use of shame punishments because they contribute to an offender's loss of dignity. However, these concerns are shared already by the courts which also have concerns about the possibility that shaming might damage an offender's dignity. This situation has not led the courts to (...) reject all uses of shaming, but only to accept shaming within certain safeguards. Thus, despite Nussbaum's important reservations against shame punishments, it may still be possible for her to accept shaming within specific parameters such as those set out by the courts that protect the dignity of an offender. As a result, she need not be opposed to the use of legitimate shame punishment. (shrink)

Most philosophers reject what we might call "penal pluralism": the idea that punishment can and should encompass multiple penal goals or principles. This is rejected because it is often held that different penal goals or principles will conflict: the goal of punishing an offender to the degree deserved may differ and even undermine the goal of enabling deterrence or rehabilitation. For this reason, most philosophers argue that we must make a choice, such as choosing between retribution and its alternatives. In (...) "Some Remarks on Punishment," F. H. Bradley re-examines the justification of punishment in light of a critique of Darwinism's importance for ethics. My primary focus is on how Bradley's substantive discussion of punishment only because it is here that this article's arguments have most relevance for us today. (shrink)

The most widespread interpretation amongst contemporary theorists of Kant's theory of punishment is that it is retributivist. On the contrary, I will argue there are very different senses in which Kant discusses punishment. He endorses retribution for moral law transgressions and consequentialist considerations for positive law violations. When these standpoints are taken into consideration, Kant's theory of punishment is more coherent and unified than previously thought. This reading uncovers a new problem in Kant's theory of punishment. By assuming a potential (...) offender's intentional disposition as Kant does without knowing it for certain, we further exacerbate the opportunity for misdiagnosis. (shrink)

This paper argues that Leif Wenar's theory of reparations is not purely forward-looking and that backward-looking considerations play an important role: if there had never been a past injustice, then reparations for the future cannot be acceptable. Past injustice compose the first part of a two-tiered theory of reparations. We must first discover a past injustice has taken place: reparations are for the repair of previous damage. However, for Wenar, not all past injustices warrant reparations. Once we have first passed (...) the initial test of demonstrating a past injustice has taken place, we then determine whether or not to finally accept reparations based upon forward-looking considerations. What is important to note is that this decision to award reparations is based upon forward-looking considerations, but only after first satisfying the test of a past injustice. Thus, backward-looking considerations make up an important first part of Wenar's two-tiered theory of reparations. It is not my argument that this theory is unsafe and I find Wenar's arguments both novel and highly compelling. However, the view that this theory is forward-looking -- and not backward-looking -- is not entirely accurate. My brief reply corrects this part of an important new theory of reparations in the hope of strengthening its persuasive power. (shrink)

How should we determine which nations have a responsibility to remedy suffering elsewhere? The problem is pressing because, following David Miller, ‘[it] is morally intolerable if (remediable) suffering and deprivation are allowed to continue . . . where they exist we are morally bound to hold somebody (some person or collective agent) responsible for relieving them’. Miller offers a connection theory of remedial responsibilities in response to this problem, a theory he has been developing over the last decade. This theory (...) is meant to serve as a guide on how we can best determine which nations are remedially responsible for alleviating suffering and deprivation elsewhere. Miller’s theory entails our following a procedure in order to determine remedial responsibility for nations. The problem is that there is an important flaw in this procedure, a flaw that previous critiques have overlooked. This essay will explain this flaw and how Miller’s theory might be reformulated into a two-tiered procedure that would take better account of this problem. Keywords: Global justice; nationalism; Miller; identity; distributive justice; severe poverty (Published: 16 September 2011) Citation: Ethics & Global Politics, Vol. 4 , No. 3, 2011, pp. 195-202. DOI: 10.3402/egp.v4i3.7140. (shrink)

In both Great Britain and the United States there has been a growing debate about the modern acceptability of jury nullification. Properly understood, juries do not have any constitutional right to ignore the law, but they do have the power to do so nevertheless. Juries that nullify may be motivated by a variety of concerns: too harsh sentences, improper government action, racism, etc. In this article, I shall attempt to defend jury nullification on a number of grounds. First, I discuss (...) the use of general verdicts and reject their replacement in criminal trials by special verdicts. Second, I examine verdicts based upon mistakes and racial prejudice, turning my attention to perverse verdicts and the question of whether or not juries are guilty of legislating when nullifying the law. Finally, I look at the problem of the awarding of excessive damages by juries. My goal will be to provide a sound theoretical defence of the practice of jury nullification. (shrink)

-/- Amongst contemporary theorists, the most widespread interpretation of Hegel's theory of punishment is that it is a retributivist theory of annulment, where punishments cancel the performance of crimes. The theory is retributivist insofar as the criminal punished must be demonstrated to be deserving of a punishment that is commensurable in value only to the nature of his crime, rather than to any consequentialist considerations. As Antony Duff says: -/- [retributivism] justifies punishment in terms not of its contingently beneficial effects (...) but of its intrinsic justice as a response to crime; the justificatory relationship holds between present punishment and past crime, not between present punishment and future effects. -/- Punishment is given only to persons responsible for committing crime. In addition, the degree of punishment is set in proportion to the relative badness of the precipitating crime. Thus, retributivism can be understood as an individualistic theory because the only relevant factors pertain solely to the individual criminal himself. -/- The general attraction of Hegel's version of retributivism is that the punishments his theory is thought to endorse are commensurable in value with precipitating crimes, in contrast to the strict equivalence required by Kant's theory of punishment. As a result, Hegel's theory is praised both for being more acceptable to modern readers than Kant's so-called ‘pure retributivism’, as well as for being an ‘emphatically anti-utilitarian’ theory. Despite widespread agreement on these general features, it is hotly contested how exactly we are to understand the way in which punishment cancels crimes, and Hegel's difficult style has only served to make the controversy deeper. For example, Ted Honderich says: ‘A punishment is an annulment, a cancellation or a return to a previous state of affairs … All this, of course, is obscure. It is by Hegel’. (shrink)

It is widely accepted by the scientific community and beyond that human beings are primarily responsible for climate change and that climate change has brought with it a number of real problems. These problems include, but are not limited to, greater threats to coastal communities, greater risk of famine, and greater risk that tropical diseases may spread to new territory. In keeping with J. S. Mill's 'Harm Principle', green political theorists often respond that if we are contributing a harm to (...) others in contributing to climate change and its negative effects, we then have a negative duty to assist those we have harmed and to reduce our carbon emissions. In this paper, I will take seriously negative duties stemming from a contribution to climate change and demonstrate that our negative duties do not demand that we necessarily end our contribution to climate change if we were able to compensate those who may be affected by climate change. Thus, the conclusion of many green political theorists - that we must reduce our carbon emissions - does not necessarily follow from the view that humans are primarily responsible for climate change and its attended ill effects. (shrink)

Perhaps one of the most controversial aspects of Hegel's Philosophy of Right for contemporary interpreters is its discussion of the constitutional monarch. This is true despite the general agreement amongst virtually all interpreters that Hegel's monarch is no more powerful than modern constitutional monarchs and is an institution worthy of little attention or concern. In this article, I will examine whether or not it matters who is the monarch and what domestic and foreign powers he has. I argue against the (...) virtual consensus of recent interpreters that Hegel's monarch is far more powerful than has been understood previously. In part, Hegel's monarch is perhaps even more powerful than Hegel himself may have realized and I will demonstrate certain inconsistencies with some of his claims. My reading represents a distinctive break from the virtual consensus, without endorsing the view that Hegel was a totalitarian. (shrink)

Imagine there are three boats equidistant from one another. You are alone in the first boat. The other two boats are sinking fast: one boat has one person (A), the other has two persons (B&C). There is only enough time to allow saving either A or B&C before their boats sink, drowning whoever is onboard. Will we always combine claims of those wishing to be saved and rescue B&C? Otsuka says that the 'Kamm-Scanlon' contractualist framework that does not aggregating various (...) claims for rescue combines claims in this example. Otsuka has been criticized by Hirose and Kumar. Here I offer a defense. (shrink)

The purpose of this essay is to critically appraise J. Angelo Corlett's recent interpretation of Kant's theory of punishment as well as his rejection of Hegel's penology. In taking Kant to be a retributivist at a primary level and a proponent of deterrence at a secondary level, I believe Corlett has inappropriately wed together Kant's distinction between moral and positive law. Moreover, his support of Kant on these grounds is misguided as it is instead Hegel who holds such a distinction. (...) Finally, I attempt to refute the almost timeless retributivist rejection of deterrence-based theories of punishment on the grounds that the latter somehow would condone in some cases the punishment of innocent persons. These individuals almost always demand that no innocent person be punished as a rule of the highest order. (shrink)

Perhaps the least controversial area of F.H. Bradley's writings relates to his views on punishment. Commentators universally recognize Bradley's theory of punishment as a retributivist theory of punishment. This article challenges the received wisdom. I argue that Bradley does not endorse retributivism as commonly understood. Instead, he defends the view that punishment is non-retributivist and serves the end of societal maintenance. Moreover, Bradley defends this view consistently from Ethical Studies to later work on punishment. Instead of holding a theory of (...) punishment largely unique amongst British Idealists of his time, Bradley's views on punishment are far more consistent than previously thought. (shrink)

The American Journal of Bioethics, Volume 12, Issue 6, Page 48-49, June 2012.

What is the relationship between our moral sentiments and the justification of punishment? One position is that our moral sentiments provide for punishment’s justification. This article’s focus is on Adam Smith’s theory of punishment and the role that moral sentiments play in this theory. The author argues that commentators have been mistaken to view Smith’s position as essentially retributivist. Instead, Smith defends a unified theory where punishment serves retributivist, deterrent, and rehabilitative goals. The author then concludes with some critical remarks (...) on how well this theory speaks to contemporary concerns. (shrink)

This paper offers two potential worries in Robert B. Talisse's A Pragmatist Philosophy of Democracy. The first worry is that is that the picture of democracy on offer is incomplete. While Talisse correctly argues that democracy is about more than elections, democracy is also about more than deliberation between citizens. Talisse's deliberative democracy is problematic to the degree its view of deliberation fails to account for democracy. The second worry we may have concerns the relationship between Talisse's Peircean pragmatism and (...) deliberative democracy. If this pragmatism is always open to revision and change in light of future evidence, then no pragmatist should adhere to only one particular political system, such as democracy. When we claim that only one system can ever be justified, then we fail to honour our professed openness to revision and change in the future. If my analysis is correct, then I do not aim to demonstrate that Talisse's Peircean pragmatism is incorrect, only incomplete. Thus, the hope of this paper is to help develop this pragmatism further. (shrink)

From Syrian asylum seekers to super-rich foreign investors, immigration is one of the most controversial issues facing Britain today. Politicians kick the subject from one election to the next with energetic but ineffectual promises to ‘crack down’, while newspaper editors plaster it across front pages. -/- But few know the truth behind the headlines; indeed, the almost daily changes to our complex immigration laws pile up so quickly that even the officials in charge struggle to keep up. -/- In this (...) clear, concise guide, Thom Brooks, one of the UK’s leading experts on British citizenship – and a newly initiated British citizen himself – deftly navigates the perennially thorny path, exploding myths and exposing absurdities along the way. Ranging from how to test for ‘Britishness’ to how to tackle EU ‘free movement’, Becoming British explores how UK immigration really works – and sparks a long-overdue debate about how it should work. -/- Combining expert analysis with a blistering critique of the failings of successive governments, this is the definitive guide to one of the most hotly disputed issues in the UK today. Wherever you stand on the immigration debate, Brooks’s wryly observed account is the essential roadmap. (shrink)

Graduate students often lack concrete advice on publishing. This essay is an attempt to fill this important gap. Advice is given on how to publish everything from book reviews to articles, replies to book chapters, and how to secure both edited book contracts and authored monograph contracts, along with plenty of helpful tips and advice on the publishing world (and how it works) along the way in what is meant to be a comprehensive, concrete guide to publishing that should be (...) of tremendous value to graduate students working in any area of the humanities and social sciences. (shrink)

My advice for journal editors - and not only editors of philosophy journals - for how to edit journals. Secrets shared from over 10 years of experiences with different journals and publishers.

Martha Nussbaum’s “influential capabilities approach” offers us a powerful, universal standard of justice. The approach builds off of pioneering work by Amartya Sen in economic development. Much of the contemporary interest in the capabilities approach has focused upon how we might spell out a list of precisely which capabilities must be made universally available and protected, a list that Sen has not provided himself. Nussbaum’s list of capabilities is arguably the most successful attempt at defining these capabilities. In this paper, (...) I will argue for a new problem with the approach that raises new questions about the capabilities approach more generally. (shrink)

Global justice as a field must confront a central problem: how global is global justice? A defining feature about the burgeoning literature in global justice is its operation within a bounded, philosophical tradition. Global justice research is too often a product of one tradition in self-isolation from others that nonetheless claims to speak for what is best for all. This criticism applies to various philosophical traditions whether so-called “analytic,” “Continental” or others. The problem is that each tradition too often works (...) independently from others to construct new ideas about the promotion of global justice: these ideas are designed by some for application to all. “Global” justice may have an international reach, but it too often lacks a more global character. The development of a more global approach to global justice raises several vexing questions. What does it mean to have a “global” approach to global justice? How “global” should any such approach be? And how can a coherent and compelling model for it be constructed? This chapter develops a new approach for a more distinctly global view of global justice: the idea of global philosophy. Most approaches to global justice are developed within bounded philosophical traditions. One problem is that each offers contributions to global justice that is constricted by the narrow bounds of their particular tradition. The issue is not only that global justice may be overly culturally-specific, but rather that bounded traditions close off important resources for addressing philosophical problems that can be accessed through closer engagement with other philosophical traditions. A global philosophy is then a more “unbound philosophy” better suited for a globalized world. Our world is ever-changing with ideas and people travelling as never before. It is time for philosophy to catch up with these developments and this chapter will explain why and how. (shrink)

David Miller's theory of nationalism and national responsibility offers the leading alternative ‘anticosmopolitan’ theory of global justice. His theory claims that ‘nations’ may be held responsible for the benefits and harms resulting from their collective decisions. Nations may be held remedially responsible to help nations in need even where the former lack causal or moral responsibility, for example. This article critically examines Miller's position that remedial responsibilities – the responsibilities of nations to remedy others in need – can and should (...) only be satisfied by nations. I argue that the characteristics that define and justify a particular understanding of nationalism extend to further constructions of identity, such as religious affiliation and other connections. The problem with Miller's position is that it is overly narrow by focusing solely on our national identities as the characteristic most relevant for determining remedial responsibilities. It is possible and desirable to widen ou.. (shrink)

Severe poverty is a major global problem about risk and inequality. What, if any, is the relationship between equality, fairness and responsibility in an unequal world? I argue for four conclusions. The first is the moral urgency of severe poverty. We have too many global neighbours that exist in a state of emergency and whose suffering is intolerable. The second is that severe poverty is a problem concerning global injustice that is relevant, but not restricted, to questions about responsibility. If (...) none were responsible, this does not eliminate all compelling claims to provide assistance. The third is that severe poverty represents an inequality too far; it is a condition of extremity with denial of basic needs. The fourth is that there is a need for an approach that captures all relevant cases – and the capabilities approach and the connection theory of remedial responsibilities are highlighted as having special promise. (shrink)

Adam Smith's theory of punishment is rarely explored. This article examines his understanding of punishment in light of his theory of moral sentiments. My aim is to show how he is neither a retributivist or deterrence advocate, but instead defends a more unified theory of punishment bringing different penal goals together in a new framework.

Eating meat can be ethical, but only when it does not violate rights. This requires that the ways in which meat is produced and prepared for human consumption satisfies certain standards. While many current practices may fall short of this standard, this does not justify the position that eating meat cannot be ethical under any circumstances and there should be no principled objection to its possibility.

In a recent article, Thomas Christiano defends the intrinsic justice of democracy grounded in the principle of equal consideration of interests. Each citizen is entitled to a single vote, equal in weight to all other citizens. The problem with this picture is that all citizens must meet a threshold of minimal competence. -/- My argument is that Christiano is wrong to claim a minimum threshold of competency is fully consistent with the principle of equality. While standards of minimal competency may (...) be justifiable, these standards justify political inequality. -/- This paper explores the relationship between equality and democracy in terms of minimal competency, demonstrating how minimal competency is justified and why it is inegalitarian in interesting ways. (shrink)

In this article, I argue that - despite the absence of any clear influence of one theory on the other - the legal theories of Dworkin and Hegel share several similar and, at times, unique positions that join them together within a distinctive school of legal theory, sharing a middle position between natural law and legal positivism. In addition, each theory can help the other in addressing certain internal difficulties. By recognizing both Hegel and Dworkin as proponents of a position (...) lying in between natural law and legal positivist jurisprudence, we can gain clarity in why their general legal theories seem to fit uncomfortably, if indeed they can be said to fit at all, within so many different camps - while fitting comfortably in no particular camp - as well as highlight what has been overlooked. (shrink)

Virginia Held's recent How Terrorism Is Wrong offers us any number of important contributions to how we think about terrorist violence. My discussion will focus on only one of these contributions, namely, how terrorism may be justified. This justification rests upon a group being denied a voice. Thus, terrorism may become justified where this demand to be heard is denied, coupled with the corollary that all nonviolent options have been exhausted. I will argue that we should require a more narrow (...) justification of terrorism. This is because I believe Held's understanding may be open to abuses that we should close off. I will begin by looking at how she defines terrorism. I will next turn to how terrorism may be justified on her account before arguing that a more narrow justification is required and what this might look like. (shrink)

Mahadeviyakka was a radical 12th century Karnataka saint of whom surprisingly little has been written. Considered the most poetic of the Virásaivas, her vacanas are characterized by their desperate searching for iva. I attempt to convey Mahadevi's epistemology and its struggle to 'know' Shiva, necessitating a lifetime of searching for him; offer an interpretation of the innate presence of Shiva in the world and its consequences for epistemology; and explore the sense of tragic love inherent in devotional searching for Shiva. (...) My primary goal is to offer a powerful and positive, yet critical, interpretation of Mahadevi's beautiful prose on her relationship with Shiva. . (shrink)

Hegel'sPhilosophy of Rightis more than a major work of political and legal philosophy; it is a battleground for two different interpretive approaches. MyHegel's Political Philosophy: A Systematic Reading of the Philosophy of Rightargues that these approaches are mistaken about their differences and that one approach offers a more compelling interpretation ofHegel's Philosophy of Rightthan the other. I will briefly outline my defence of the systematic reading of thePhilosophy of Rightbefore replying to the constructive criticisms raised by Redding, Rosen and Wood.There (...) are two different interpretative approaches to understanding Hegel'sPhilosophy of Right. These are the metaphysical and the non-metaphysical readings. The former often highlight Hegel's insistence that some political states may be considered more ‘true’ or ‘actual’ than others. This reading also often emphasises the special place of religion in Hegel's philosophical system, for example. In contrast, the non-metaphysical reading argues that such an interpretation is not only unattractive, but perhaps even unnecessary because Hegel's views on ‘actuality’ and ‘actualization’ are less controversial than traditional metaphysical readings of Hegel's philosophy have claimed. Commentators must choose between these competing camps and interpretations of Hegel's work are conceived within these approaches. Importantly, each reading claims that its approach best captures Hegel's philosophical importance. But would Hegel endorse either the metaphysical or non-metaphysical reading?The problem is that this debate rests on a central misconception about Hegel's philosophy. The debate is characterized as a disagreement about the role and perhaps the very existence of metaphysics in Hegel's philosophy. But this is a false impression. It is virtually nowhere in doubt that metaphysics is present in Hegel's philosophy, including hisPhilosophy of Right. Therefore, the debate between a ‘metaphysical’ and ‘non-metaphysical’ reading of Hegel's works is not a debate about whether these works contain metaphysics. The characterization of the debate invites a false impression about what is at stake. (shrink)

Perhaps one of the most underappreciated philosophical movements is British Idealism. This movement arose during the latter half of the nineteenth century and began to wane after the outbreak of the First World War. British Idealism has produced a number of important figures, such as Bernard Bosanquet, R. G. Collingwood, F. H. Bradley and T. H. Green, as well as other important, but less well known, figures, such as J. S. Mackenzie, John Henry Muirhead and James Seth. It has also (...) given us a number of lasting philosophical ideas. (shrink)

This is a review of Richard Lippke - "Rethinking Imprisonment".

New Waves in Ethics brings together the leading future figures in ethics broadly construed, with essays ranging from meta-ethics and normative ethics to applied ethics and political philosophy. Topics include new work on experimental philosophy, feminism, and global justice, incorporating perspectives informed from historical and contemporary approaches alike. An ideal collection for anyone interested in the most important debates in ethics and political philosophy, as well as those with an interest in the latest significant contributions from the leading new generation (...) of philosophers working in ethics. (shrink)