In this volume, essays by an international roster of contributors evaluate the political philosophy of contemporary philosopher Hillel Steiner. The study concludes with a response by Steiner himself.
Taking a fresh look at a central controversy in criminal law theory, The Ethics of Capital Punishment presents a rationale for the death penalty grounded in a theory of the nature of evil and the nature of defilement. Original, unsettling, and deeply controversial, it will be an essential reference point for future debates on the subject.
This volume advances the research agenda of one of the most remarkable political thinkers of our time: Jon Elster. With an impressive list of contributors, it features studies in five topics in political and social theory: rationality and collective action, political and social norms, democracy and constitution making, transitional justice, and the explanation of social behavior. Additionally, this volume includes chapters on the development of Elster's thinking over the past decades. Like Elster's own writings, the essays in this collection are problem-driven, nonideal inquiries of practical relevance. This volume closes with lucid comments by Jon Elster.
Torture and Moral Integrity tackles a concrete moral problem that has been hotly debated by governments, scholars, and the media: the morality of interrogational torture. It discusses multiple types of torture with great philosophical acuity and seeks to explain why interrogational torture and other types of torture are always and everywhere morally wrong. At the same time, it rigorously plumbs the general structure of morality and the intricacies of moral conflicts and probes some of the chief grounds for the moral illegitimacy of various modes of conduct. It defends a deontological conception of morality against the subtle critiques that have been mounted over the past few decades by proponents of consequentialism. Kramer's recommendations concerning the legal consequences of the perpetration of torture by public officials or private individuals, for example, are based squarely on his more abstract accounts of the nature of torture and the nature of morality. His philosophical reflections on the structure of morality are a vital background for his approach to torture, and his approach to torture is a natural outgrowth of those philosophical reflections.
A challenging, yet highly accessible, introduction to discrimination law which highlights the major issues and asks how the right to equality can be made more effective. This edition includes expanded material on how jurisdictions formulate grounds of discrimination with thematic analysis on topics such as racism, sexism, and LGBTQ+ rights.
This third and concluding volume of Just Property brings critical accounts of property right up to the present. The book is made up of five pairs of chapters located in five major ideological traditions of modernity: liberalism, libertarianism, social democracy, conservatism, and feminism. As before, the focus is on particular thinkers and their daring, puzzling and sometimes outrageous views. The concluding chapter returns to the project's opening questions about property and inequality and about property under the imperative of growth to limits. If we are to confront the enormous challenges that loom in front of us, we have, above all else, to think again, and quite radically, about the place of property in our collective lives.
Libertarians often bill their theory as an alternative to both the traditional Left and Right. The Routledge Handbook of Libertarianism helps readers fully examine this alternative without preaching it to them, exploring the contours of libertarian (sometimes also called classical liberal) thinking on justice, institutions, interpersonal ethics, government, and political economy. The 31 chapters--all written specifically for this volume--are organized into five parts. Part I asks, what should libertarianism learn from other theories of justice, and what should defenders of other theories of justice learn from libertarianism? Part II asks, what are some of the deepest problems facing libertarian theories? Part III asks, what is the right way to think about property rights and the market? Part IV asks, how should we think about the state? Finally, part V asks, how well (or badly) can libertarianism deal with some of the major policy challenges of our day, such as immigration, trade, religion in politics, and paternalism in a free market. Among the Handbook's chapters are those from critics who write about what they believe libertarians get right as well as others from leading libertarian theorists who identify what they think libertarians get wrong. As a whole, the Handbook provides a comprehensive, clear-eyed look at what libertarianism has been and could be, and why it matters.
Building on many years of scholarship, Matthew H. Kramer sets out his definitive philosophical investigation of rights and rights-holding with this monograph, as he sometimes revisits and modifies his previous positions. Beginning with the analytical schema propounded by the American legal theorist Wesley Hohfeld, the book provides a defence of the proposition that every claim-right with a certain content is correlative to at least one duty with the same content, and that every duty with a certain content is correlative to at least one claim-right with the same content. The volume then addresses the longstanding debates over the nature of right-holding, with a sustained defense of the Interest Theory and with some innovative critiques of the Will Theory. Finally, it considers the ethical and analytical questions involved in determining who can hold claim-rights at all. It argues that the beings capable of holding claim-rights include not only human adults of sound mind, but also all other living human beings, many dead people, and all future generations of people, along with most non-human animals. Addressing some major topics within moral, legal, and political philosophy, Rights and Right-Holding: A Philosophical Investigation will be a key work for philosophers and academic lawyers alike.
This edited volume presents the social ontology of institutions. It questions what institutions are, what features and properties institutions have and what kinds of institution are present in the social world. The book answers these questions from both a speculative and an applied approach, it argues for a specific definition of institutions as a rule-based equilibria, as collective epistemic agent that is characterized by meaning, principles and power and as product of a We-mode and an imposition of a function. This book started from the interdisciplinary conference Playing by the Rules in Rijeka and contains contributions from Philosophy, Sociology and Economy. Institutions in Action is the first book to offer a comprehensive overview of the many different aspects and accounts about the social ontology of institutions. This much needed book presents researchers a very wide state of the art about the topic of institution by presenting the many differences that emerge in comparing the different positions.