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Author: Victor Tadros
Publisher: Oxford University Press, USA
Published: 2011-09-15
Total Pages: 385
ISBN-13: 0199554420
DOWNLOAD EBOOKHow 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.
Author: Benjamin S. Yost
Publisher: Oxford University Press
Published: 2019-02-13
Total Pages: 297
ISBN-13: 0190901179
DOWNLOAD EBOOKThe specter of procedural injustice motivates many popular and scholarly objections to capital punishment. So-called proceduralist arguments against the death penalty are attractive to death penalty abolitionists because they sidestep the controversies that bedevil moral critiques of execution. Proceduralists do not shoulder the burden of demonstrating that heinous murderers deserve a punishment less than death. However, proceduralist arguments often pay insufficient attention to the importance of punishment; many imply the highly contentious claim that no type of criminal sanction is legitimate. In Against Capital Punishment, Benjamin S. Yost revitalizes the core of proceduralism both by examining the connection between procedural injustice and the impermissibility of capital punishment and by offering a comprehensive argument of his own which confronts proceduralism's most significant shortcomings. Yost is the first author to develop and defend the irrevocability argument against capital punishment, demonstrating that the irremediability of execution renders capital punishment impermissible. His contention is not that the act of execution is immoral, but rather that the possibility of irrevocable mistakes precludes the just administration of the death penalty. Shoring up proceduralist arguments for the abolition of the death penalty, Against Capital Punishment carries with it implications not only for the continued use of the death penalty in the criminal justice system, but also for the structure and integrity of the system as a whole.
Author: Fiona Woollard
Publisher: Oxford University Press, USA
Published: 2015
Total Pages: 257
ISBN-13: 0199683646
DOWNLOAD EBOOKFiona Woollard presents an original defence of the Doctrine of Doing and Allowing, according to which doing harm seems much harder to justify than merely allowing harm. She argues that the Doctrine is best understood as a principle that protects us from harmful imposition, and offers a moderate account of our obligations to offer aid to others.
Author: Jeremy Waldron
Publisher: Harvard University Press
Published: 2012-06-08
Total Pages: 271
ISBN-13: 0674069919
DOWNLOAD EBOOKEvery liberal democracy has laws or codes against hate speech—except the United States. For constitutionalists, regulation of hate speech violates the First Amendment and damages a free society. Against this absolutist view, Jeremy Waldron argues powerfully that hate speech should be regulated as part of our commitment to human dignity and to inclusion and respect for members of vulnerable minorities. Causing offense—by depicting a religious leader as a terrorist in a newspaper cartoon, for example—is not the same as launching a libelous attack on a group’s dignity, according to Waldron, and it lies outside the reach of law. But defamation of a minority group, through hate speech, undermines a public good that can and should be protected: the basic assurance of inclusion in society for all members. A social environment polluted by anti-gay leaflets, Nazi banners, and burning crosses sends an implicit message to the targets of such hatred: your security is uncertain and you can expect to face humiliation and discrimination when you leave your home. Free-speech advocates boast of despising what racists say but defending to the death their right to say it. Waldron finds this emphasis on intellectual resilience misguided and points instead to the threat hate speech poses to the lives, dignity, and reputations of minority members. Finding support for his view among philosophers of the Enlightenment, Waldron asks us to move beyond knee-jerk American exceptionalism in our debates over the serious consequences of hateful speech.
Author: Espen Gamlund
Publisher: Oxford University Press, USA
Published: 2019
Total Pages:
ISBN-13: 9780190921446
DOWNLOAD EBOOK"In this volume, leading philosophers discuss the evaluation of death and its relevance for health policy. The authors challenge the current practice of assessing newborn deaths as the worst ones. It also discusses whether stillbirths should be included in our evaluation of deaths, and whether the deaths of young children are worse than that of newborns"--
Author: James Stacey Taylor
Publisher: Routledge
Published: 2012
Total Pages: 244
ISBN-13: 0415518849
DOWNLOAD EBOOKDeath, Posthumous Harm, and Bioethics offers a highly distinctive and original approach to the metaphysics of death and applies this approach to contemporary debates in bioethics that address end-of-life and post-mortem issues. Taylor defends the controversial Epicurean view that death is not a harm to the person who dies and the neo-Epicurean thesis that persons cannot be affected by events that occur after their deaths, and hence that posthumous harms (and benefits) are impossible. He then extends this argument by asserting that the dead cannot be wronged, finally presenting a defence of revisionary views concerning posthumous organ procurement.
Author: F.M. Kamm
Publisher: Oxford University Press
Published: 2008-09-18
Total Pages: 520
ISBN-13: 0199707359
DOWNLOAD EBOOK"Reading F.M. Kamm's latest book is like watching a brilliant astronomer map an uncharted galaxy--the meticulousness and the display of mental stamina must inspire awe. There is a kind of beauty in the performance alone. Intricate Ethics is a major event in normative ethical theory by a living master of the subject.... In the end, professional moral philosophers cannot reasonably ignore Intricate Ethics.... Kamm continues to prove herself the most imaginative, detail-oriented deontologist writing in English today... Professor Kamm is in a class by herself."--Jeffrey Brand-Ballard, Notre Dame Philosophical Reviews "The operative word in this masterful work is 'intricate.' Watching Kamm's mind dissect and reconstruct different cases is like watching a juggler, riding a unicycle, carrying on a conversation, while getting dressed. It is a glorious celebration of what moral philosophy does best, and what one of its most gifted practitioners can do to enlighten our understanding of the most pressing ethical issues of our time. But it is also a rich playground for empirically minded philosophers and psychologists who want to play with the clever class of dilemmas that Kamm has created, dilemmas that will both amuse and torture generations of people."--Marc Hauser is a Harvard College Professor and author of "Moral Minds" "Frances Kamm once again proves herself to be an astonishingly subtle and creative defender of a deontological outlook. Anyone at all interested in normative ethics will find something of value in Intricate Ethics. There are striking and original views on a wide range of topics. And no one--absolutely no one--compares to Kamm when it comes to constructing relevant test cases and carefully assessing our intuitive reactions to them. This is a master at work, at the height of her powers."--Shelly Kagan, Clark Professor of Philosophy, Yale University "Intricate Ethics fully justifies its title. It is as deep, subtle, imaginative, and analytically rigorous as any work in moral philosophy written in a great many years. It is dense with highly original and fertile ideas supported by powerful and ingenious arguments. This book amply confirms Frances Kamm's standing as one of the greatest living philosophers.--Jeff McMahan, Rutgers University "Kamm's virtuosity in hypothesizing cases in defense or refutation of moral principles remains unsurpassed. Intricate Ethics is also a testament to the fruitfulness of this rarefied method of ethics. One might have thought that, having already devoted several hundred path-breaking pages to the topic of nonconsequentialism in her earlier two-volume Morality, Mortality, it would have been impossible to break much new ground in this sequel. Yet what Kamm has to say here on the topics of harming and saving from harm is as novel, arresting, and insightful as ever."--Michael Otsuka, Professor of Philosophy, University College London "Kamm ...is the most sophisticated of the contemporary exponents of "intuitionist" or "nonconsequentialist" ethics...No one else makes such extraordinarily meticulous and penetrating attempts to extract the principles behind our ordinary moral intuitions...I highly recommend it as an inclusive and subtle attempt to work out nonconsequentialism on an intuitionist basis. As a bonus, Intricate Ethics also offers searching analyses of the work of Peter Unger, Peter Singer, Bernard Gert, T.M. Scanlon, Daniel Kahneman and Amos Tversky."--Ingmar Persson, Times Literary Supplement
Author: Zoe Weil
Publisher: Simon and Schuster
Published: 2009-01-06
Total Pages: 227
ISBN-13: 1416959297
DOWNLOAD EBOOKWith a world steeped in materialism, environmental destruction, and injustice, what can one individual possibly do to change it? While the present obstacles we face may seem overwhelming, author and humane educator Zoe Weil shows us that change doesn't have to start with an army. It starts with you. Through her straightforward approaches to living a MOGO, or "most good," life, she reveals that the true path to inner peace doesn't require a retreat from the world. Rather, she gives the reader powerful and practicable tools to face these global issues, and improve both our planet and our personal lives. Weil explores direct ways to become involved with the community, make better choices as consumers, and develop positive messages to live by, showing readers that their simple decisions really can change the world. Inspiring and remarkably inclusive of the interconnected challenges we face today, Most Good, Least Harm is the next step beyond "green" -- a radical new way to empower the individual and motivate positive change.
Author: Floris Tomasini
Publisher: Springer
Published: 2017-08-01
Total Pages: 106
ISBN-13: 1137538287
DOWNLOAD EBOOKThis book is open access under a CC BY 4.0 licence. This book is a multidisciplinary work that investigates the notion of posthumous harm over time. The question what is and when is death, affects how we understand the possibility of posthumous harm and redemption. Whilst it is impossible to hurt the dead, it is possible to harm the wishes, beliefs and memories of persons that once lived. In this way, this book highlights the vulnerability of the dead, and makes connections to a historical oeuvre, to add critical value to similar concepts in history that are overlooked by most philosophers. There is a long historical view of case studies that illustrate the conceptual character of posthumous punishment; that is, dissection and gibbetting of the criminal corpse after the Murder Act (1752), and those shot at dawn during the First World War. A long historical view is also taken of posthumous harm; that is, body-snatching in the late Georgian period, and organ-snatching at Alder Hey in the 1990s.
Author: R. A. Duff
Publisher: OUP Oxford
Published: 2013-01-31
Total Pages: 250
ISBN-13: 0191655279
DOWNLOAD EBOOKThe third book in the Criminalization series examines the constitutionalization of criminal law. It considers how the criminal law is constituted through the political processes of the state; how the agents of the criminal law can be answerable to it themselves; and finally, how the criminal law can be constituted as part of the international order. Addressing the ways in which and the grounds on which types of conduct can be justifiably criminalized, the first four chapters of this volume focus on the questions that arise from a consideration of the political constitution of the criminal law. The contributors then turn their attention to the role of the state, its institutions and officials, and their role not only as creators, enactors, interpreters, and enforcers of the criminal law, but also as subjects of it. How can the agents of the criminal law also be answerable to it? Finally discussion turns to how the criminal law can be constituted as part of an international order. Examining the relationships between domestic laws of different nation-states, and between domestic criminal law and international or transnational law, the chapters also look at the authority and jurisdiction of international criminal law itself, and its relationship to other dimensions of the international order. A vital examination of one of the most important topics in modern criminal legal theory, this volume raises new questions central to the study of the criminal law and offers new suggestions for addressing them.
