According to the principle of double effect, there is a strict moral constraint against bringing about serious harm to the innocent intentionally, but it is permissible in a wider range of circumstances to act in a way that brings about harm as a foreseen but non-intended side effect. This idea plays an important role in just war theory and international law, and in the twentieth century Elizabeth Anscombe and Philippa Foot invoked it as a way of resisting consequentialism. However, many moral philosophers now regard the principle with hostility or suspicion. Challenging the philosophical orthodoxy, Joshua Stuchlik defends the principle of double effect, situating it within a moral framework of human solidarity and responding to philosophical objections to it. His study uncovers links between ethics, philosophy of action, and moral psychology, and will be of interest to anyone seeking to understand the moral relevance of intention.
This book offers a major reassessment of the philosophy of Peter Abelard (1079-1142) which shows that he was a far more constructive and wider-ranging thinker than has usually been supposed. It combines detailed historical discussion, based on published and manuscript sources, with philosophical analysis which aims to make clear Abelard's central arguments about the nature of things, language and the mind, and about morality. Although the book concentrates on these philosophical questions, it places them within their theological and wider intellectual context.
How can the brutal and costly enterprise of criminal punishment be justified? This book makes a provocative, original contribution to the philosophical literature and debate on the morality of punishing, arguing that punishment is justified in the duties that offenders incur as a result of their wrongdoing.
Drawing on philosophy, law and political science, and on a wealth of practical experience delivering emergency medical services in conflict-ridden settings, Lepora and Goodin untangle the complexities surrounding compromise and complicity.
The Routledge Handbook of Collective Responsibility comprehensively addresses questions about who is responsible and how blame or praise should be attributed when human agents act together. Such questions include: Do individuals share responsibility for the outcome or are individuals responsible only for their contribution to the act? Are individuals responsible for actions done by their group even when they don’t contribute to the outcome? Can a corporation or institution be held morally responsible apart from the responsibility of its members? The Handbook’s 35 chapters—all appearing here for the first time and written by an international team of experts—are organized into four parts: Part I: Foundations of Collective Responsibility Part II: Theoretical Issues in Collective Responsibility Part III: Domains of Collective Responsibility Part IV: Applied Issues in Collective Responsibility Each part begins with a short introduction that provides an overview of issues and debates within that area and a brief summary of its chapters. In addition, a comprehensive index allows readers to better navigate the entirety of the volume’s contents. The result is the first major work in the field that serves as an instructional aid for those in advanced undergraduate courses and graduate seminars, as well as a reference for scholars interested in learning more about collective responsibility.
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 they 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 wrong doing, the sources of wrong doing, why wrong doing is the central target of the criminal law, and the ways in which criminalization of non-wrongful conduct might be permissible.
The main rationale of the conventions on international transport law is to limit the liability of the carrier. However, an aspect common to these conventions is that in cases of "wilful misconduct" the carrier is liable without any financial limitation. "Wilful misconduct" denoting a high degree of fault is an established term in English law. The Convention for the Unification of Certain Rules relating to International Carriage by Air (Warsaw Convention) of 1929 was the first international convention on transport law where the term was employed. A definition of "wilful misconduct", which can be found in later conventions regarding carriage of goods and passengers as well, was implemented in the Hague Protocol of 1955, amending the Warsaw Convention. However, the question as to exactly which degree of fault constitutes "wilful misconduct" has to date remained controversial and unanswered. This work seeks to answer this question. To this end, the historical background of the term, together with its function and role in marine insurance law, case law and international transport law, are examined from a comparative perspective.
This collection brings together new papers addressing the philosophical challenges that the concept of a Devil presents, bringing philosophical rigor to treatments of the Devil. Contributors approach the idea of the Devil from a variety of philosophical traditions, methodologies, and styles, providing a comprehensive philosophical overview that contemplates the existence, nature, and purpose of the Devil. While some papers take a classical approach to the Devil, drawing on biblical exegesis, other contributors approach the topic of the Devil from epistemological, metaphysical, phenomenological, and ethical perspectives. This volume will be relevant to researchers and scholars interested in philosophical conceptions of the Devil and related areas, such as philosophers of religion, theologians, and scholars working in philosophical theology and demonology.