Anthony Ellis attempts to offer a deterrence theory of punishment that overcomes a number of common criticisms of deterrence theories in general. While his discussion does suggest many interesting responses that proponents of deterrence theories might use, the theory he defends is problematic for several reasons.

This book recounts the remarkable history of efforts by significant medieval thinkers to accommodate the ontology of the Trinity within the framework of Aristotelian logic and ontology. These efforts were remarkable because they pushed creatively beyond the boundaries of existing thought while trying to strike a balance between the Church's traditional teachings and theoretical rigor in a context of institutional politics. In some cases, good theology, good philosophy, and good politics turned out to be three different things. The principal thinkers (...) discussed are Augustine, Boethius, Abélard, Gilbert of Poitiers, Bonaventure, Aquinas, Scotus, and Ockham. The aspects of Trinitarian doctrine dealt with are primarily internal ontological questions about the Trinity. The approach draws on history of theology and philosophy, as well as on the modern formal disciplines of set-theoretic semantics and formal ontology. Augustine inaugurated the project of constructing models of the Trinity in language drawn from Platonic and Aristotelian philosophy, especially the conceptual framework of Aristotle's Categories. He used the Aristotelian notions of substance and relation to set up a model whose aim was not so much to demystify the Trinity as to demonstrate the logical consistency of maintaining that there is one and only one God at the same time as maintaining that there are three distinct persons, each of whom is God. Standing against this tradition are various heretical accounts of the Trinity. The book also analyzes these traditions, using the same techniques. All these accounts of the Trinity are evaluated relative to the three constraints under which they were formed, bearing in mind that the constraints on philosophical theorizing are not limited to internal consistency but also take note of explanatory power. Besides analyzing and evaluating individual accounts of the Trinity, the book provides a novel framework within which different theories can be compared. (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)

In Why Some Things Should Not Be for Sale, philosopher Debra Satz takes a penetrating look at those commodity exchanges that strike most of us as problematic. What considerations, she asks, ought to guide the debates about such markets? What is it about a market involving prostitution or the sale of kidneys that makes it morally objectionable? How is a market in weapons or pollution different than a market in soybeans or automobiles? Are laws and social policies banning the (...) more noxious markets necessarily the best responses to them? Satz contends that categories previously used by philosophers and economists are of limited utility in addressing such questions because they have assumed markets to be homogenous. Accordingly, she offers a broader and more nuanced view of markets--one that goes beyond the usual discussions of efficiency and distributional equality--to show how markets shape our culture, foster or thwart human development, and create and support structures of power. (shrink)

Thom Brooks reviews two books by Theodor Adorno.

Hegel's Philosophy of Right presents a collection of new essays by leading international philosophers and Hegel scholars that analyze and explore Hegel's key contributions in the areas of ethics, politics, and the law. The most comprehensive collection on Hegel's Philosophy of Right available Features new essays by leading international Hegel interpreters divided in sections of ethics, politics, and law Presents significant new research on Hegel's Philosophy of Right that will set a new standard for future work on the topic Introduction (...) (Pages: 1-6) Thom Brooks Summary PDF References Request permissions Part I : Ethics CHAPTER 1 Consequentialism and Deontology in the Philosophy of Right (Pages: 7-42) Dean Moyar Summary PDF References Request permissions CHAPTER 2 The Empty Formalism Objection Revisited: §135R and Recent Kantian Responses (Pages: 43-72) Fabian Freyenhagen Summary PDF References Request permissions CHAPTER 3 On Hegel's Critique of Kant's Ethics: Beyond the Empty Formalism Objection (Pages: 73-99) Robert Stern Summary PDF References Request permissions Part II : Politics CHAPTER 4 Hegel and the Unified Theory of Punishment (Pages: 101-123) Thom Brooks Summary PDF References Request permissions CHAPTER 5 Hard Work: Hegel and the Meaning of the State in his Philosophy of Right (Pages: 124-142) Kimberly Hutchings Summary PDF References Request permissions Part II : Politics CHAPTER 6 Gender, the Family, and the Organic State in Hegel's Political Thought (Pages: 143-164) Alison Stone Summary PDF References Request permissions Part III : Law CHAPTER 7 Natural Law Internalism (Pages: 165-179) Thom Brooks Summary PDF References Request permissions CHAPTER 8 Hegel on the Relation between Law and Justice (Pages: 180-208) Alan Brudner Summary PDF References Request permissions. (shrink)

How many questions could you answer in a pub quiz about British values? Designed to ensure new migrants have accepted British values and integrated, the UK's citizenship test is often portrayed as a bad pub quiz with answers few citizens know. With the launch of a new post-Brexit immigration system, this is a critical time to change the test. Thom Brooks draws on first-hand experience of taking the test, and interviews with key figures including past Home Secretaries, to expose (...) the test as ineffective and a barrier to citizenship. This accessible guide offers recommendations for transforming the citizenship test into a 'bridge to citizenship' which fosters greater inclusion and integration. (shrink)

The RWJF public health law faculty fellowship provided an opportunity for legal and public health scholars to come together to develop innovative approaches for teaching public health law in schools of law, public health, medicine, and social work nationally. The fellowship program emphasized the importance of integrating individual change with organizational change as twin pillars of the core competencies necessary for advancing public health law education. This article describes the curriculum and learning formats used throughout the fellowship to guide the (...) fellows' development in the areas of leading change, managing conflict, building collaborative partnerships, and maintaining personal resilience. (shrink)

Little is known about the consequences of moral distress. The purpose of this study was to identify clinical situations that caused nurses to experience moral distress, to understand the consequences of those situations, and to determine whether nurses would change their practice based on their experiences. The investigation used a descriptive approach. Open-ended surveys were distributed to a convenience sample of 204 critical care nurses employed at a university medical center. The analysis of participants’ responses used an inductive approach and (...) a thematic analysis. Each line of the data was reviewed and coded, and the codes were collapsed into themes. Methodological rigor was established. Forty-nine nurses responded to the survey. The majority of nurses had experienced moral distress, and the majority of situations that caused nurses to experience moral distress were related to end of life. The nurses described negative consequences for themselves, patients, and families. (shrink)

Challenges Beauvoir's self-portrait and argues that she was a philosopher in her own right.

This chapter contains sections titled: Meletus' Summons and the Political Background The Theaetetus: Trial and Death in Prospect The Euthyphro and Piety The Preliminary Hearing The Pretrial Examination The Trial and Socrates' Defense: The Apology The Crito and Socrates' Refusal to Escape The Execution of Socrates in the Phaedo.

The People of Plato is the first study since 1823 devoted exclusively to the identification of, and relationships among, the individuals represented in the complete Platonic corpus. It provides details of their lives, and it enables one to consider the persons of Plato's works, and those of other Socratics, within a nexus of important political, social, and familial relationships. Debra Nails makes a broad spectrum of scholarship accessible to the non-specialist. She distinguishes what can be stated confidently from what (...) remains controversial and--with full references to ancient and contemporary sources--advances our knowledge of the men and women of the Socratic milieu. Bringing the results of modern epigraphical and papyrological research to bear on long-standing questions, The People of Plato is a fascinating resource and valuable research tool for the field of ancient Greek philosophy and for literary, political, and historical studies more generally. In discrete sections, Nails discusses systems of Athenian affiliation, significant historical episodes that link lives and careers of the late fifth century, and their implications for the dramatic dates of the dialogues. The volume includes a rich array of maps, stemmata, and diagrams, plus a glossary, chronology, plan of the agora in 399 B.C.E., bibliography, and indices. (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)

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)

Congdon (2017), Giladi (2018), and McConkey (2004) challenge feminist epistemologists and recognition theorists to come together to analyze epistemic injustice. I take up this challenge by highlighting the failure of recognition in cases of testimonial and hermeneutical injustice experienced by victims of sexual harassment and sexual assault. I offer the #MeToo movement as a case study to demonstrate how the process of mutual recognition makes visible and helps overcome the epistemic injustice suffered by victims of sexual harassment and sexual assault. (...) I argue that in declaring “me too,” the epistemic subject emerges in the context of a polyphonic symphony of victims claiming their status as agents who are able to make sense of their own social experiences and able to convey their knowledge to others. (shrink)

Paul Thom's book presents Kilwardby's science of logic as a body of demonstrative knowledge about inferences and their validity, about the semantics of non-modal and modal propositions, and about the logic of genus and species. This science is thoroughly intensional. It grounds the logic of inference on "that in virtue of which" the inference holds. It bases the truth conditions of propositions on relations between conceptual entities. It explains the logic of genus and species through the notion of essence. (...) Thom interprets this science as a formal logic of intensions with its own proof theory and semantics. This comprehensive reconstruction of Kilwardby's logic shows the medieval master to be one of the most interesting logicians of the thirteenth century. (shrink)

Having a self is associated with important advantages for an organism.These advantages have been suggested to include mechanisms supporting elaborate capacities for planning, decision-making, and behavioral control. Acknowledging such functionality offers possibilities for obtaining traction on investigation of neural correlates of selfhood. A method that has potential for investigating some of the brain-based properties of self arising in behavioral contexts varying in requirements for such behavioral guidance and control is functional brain imaging. Data obtained with this method are beginning to (...) converge on a set of brain areas that appear to play a significant role in permitting conscious access to representational content having reference to self as an embodied and independent experiencer and agent. These areas have been identified in a variety of imaging contexts ranging from passive state conditions in which they appear to manifest ongoing activity associated with spontaneous and typically ‘self-related’ cognition, to tasks targeting explicitly experienced properties of self, to demanding task conditions where activity within them is attenuated in apparent redirection of cognitive resources in the service of task guidance and control. In this paper, these data will be reviewed and a hypothesis presented regarding a significant role for these areas in enabling degrees of self-awareness and participating in the management of such behavioral control. (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)

Although consumers and physicians alike have long described the goal of aesthetic surgery as the production of an “improved” but still “natural-looking” body, interviews with women who had cosmetic surgery between 1990 and 2007 suggest that the “artificial” is becoming increasingly prevalent within consumers’ narratives of breast enlargement. This article explores that change in relation to processes of conspicuous consumption, the growing cultural emphasis on continual self-transformation, and the increasing normalization of cosmetic modification. Following Fraser, it treats consumers’ accounts not (...) as the reflection of “reality” or a “true self” but instead as indicators of the kinds of options, expressions, assumptions, and perspectives that are available for use in communication about cosmetic surgery. The analysis also draws on feminist writings about the social construction of “breastedness” in femininity. In so doing, it seeks to conceptualize the cultural significance of breasts that are “too good to be real.”. (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.

Moral enhancement techniques modifying brain processes to produce improved moral conduct present us with new challenges for how we grapple with the ethical questions raised. John Shook (2012) argues that we should greet these developments with some measure of skepticism and cynicism regarding their success and desirability. This commentary considers further Shook’s scepticism. It is argued that the issue of “moral enhancement” raises questions about which view(s) may benefit and the problems this poses for societies characterized by the fact of (...) reasonable pluralism. More importantly, it is further argued that moral enhancement runs into greater difficulties where enhancement is thought to contribute to alleviating illegal behavior. This is because law and morality are related imperfectly and, therefore, improved moral sensitivity may not translate into less illegality. Thus, moral enhancement techniques may create moral Frankensteins that (a) may undermine the existence of reasonable pluralism in modern liberal societies and (b) may fail to better achieve lawful behavior. (shrink)

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)

Dissecting Bioethics, edited by Tuija Takala and Matti Hayry, welcomes contributions on the conceptual and theoretical dimensions of bioethics. The department is dedicated to the idea that words defined by bioethicists and others should not be allowed to imprison people’s actual concerns, emotions, and thoughts. Papers that expose the many meanings of a concept, describe the different readings of a moral doctrine, or provide an alternative angle to seemingly self-evident issues are particularly appreciated. To submit a paper or to discuss (...) a suitable topic, contact Tuija Takala [email protected].:This article examines some of the assumptions and implications associated with the Belmont era context in which the concept of therapeutic misconception was forged. We argue that the justification of therapeutic misconception should be reconsidered based on less paternalistic and more participatory models of research. Finally, we identify conceptual and practical approaches that might better reflect contemporary research practice. (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.

This paper defends mandatory national service as a response to democratic decay. Because democracy cannot be maintained by laws and incentives alone, citizens must care about the quality and attitudes of their society's members. In an age of increasing segregation and conflict on the basis of class and race, national service can bring citizens from different walks of life together to interact cooperatively on social problems. It offers a form of ‘forced solidarity’. The final sections of the paper consider objections (...) to this proposal. (shrink)

In recent years, a growing body of work has emerged in legal theory that focuses on the relationship between law and virtue. Part of this virtue jurisprudence literature deals with the role of virtue in adjudication and judicial decision-making, with leading authors claiming that virtue plays a central explanatory and normative role. This article engages with this literature on virtue in adjudication, and connects it with a contemporary phenomenon that poses a risk for courts and judges, namely the politicisation of (...) judiciaries. In particular, the question emerges whether virtue jurisprudence is able to provide practical guidance to judges and courts in order to help them avert such politicisation. I sketch the outlines of two contrasting answers to this question, by exploring two alternative approaches to understanding the politicisation of judiciaries from within a broadly virtue-ethical framework. On the first approach, it appears that judges may help prevent politicisation, by becoming more attentive to the tragic character of particular cases and by deciding as civic friends. However, on the other approach, which builds on Alasdair MacIntyre’s critique of modern moral discourse, politicisation appears to be intractable, and the practical recommendations following from the first perspective may even aggravate it. (shrink)

In this article, Satz critiques "both Pogge's use of the causal contribution principle as well as his attempt to derive all of our obligations to the global poor from the need to refrain from harming others.".

This article examines the construction of gender within men's accounts of domestic violence. Analyses of in-depth interviews conducted with 33 domestically violent heterosexual men indicate that these batterers used diverse strategies to present themselves as nonviolent, capable, and rational men. Respondents performed gender by contrasting effectual male violence with ineffectual female violence, by claiming that female partners were responsible for the violence in their relationships and by constructing men as victims of a biased criminal justice system. This study suggests that (...) violence against female partners is a means by which batterers reproduce a binary framework of gender. (shrink)

Georg Wilhelm Friedrich Hegel (1770–1831) developed a philosophy based on freedom within a wider philosophical system offering novel views on topics ranging from property and punishment to morality and the state. Hegel’s main work was the Elements of the Philosophy of Right (“PR”) first published in 1821. Many of his other major works include discussions or analyses connected to his social and political philosophy. He also wrote various political essays during his career, many of which have been translated (Hegel 1999). (...) His work has been a major influence on significant figures from Karl Marx to Charles Taylor and beyond. This entry provides an overview about how Hegel’s ideas have been debated and the core contributions from his PR followed by further readings. (shrink)

Review of Caruso's Rejecting Retributivism by Thom Brooks.

The orthodox position in global justice is to consider questions about international distributive justice from a perspective of what duties, if any, affluent states have towards people in severe poverty. The debate has focused on whether positive or negative duties are most relevant and how they should be applied. This article challenges this orthodoxy by defending stakeholder theory as a promising new approach overcoming limitations in current debates through promotion of the virtue of stakeholders having a say where they have (...) a stake. (shrink)

Just War Theory raises some of the most pressing and important philosophical issues of our day. This book brings together some of the most important essays in this area written by leading scholars and offering significant contributions to how we understand just war theory.

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)

This book offers practical advice for legal professionals to optimize cognitive fitness and protect their brain from the damaging effects of chronic stress. Drawing on the latest research in neuroscience and psychology, it provides actionable information to help readers thrive amidst the demands and stressors of the legal profession.