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)

Thom Brooks reviews two books by Theodor Adorno.

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)

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)

Thom Brooks's first editorial as founding editor of the Journal of Moral Philosophy.

brings together some of the most important essays in the area of the philosophy of law written by leading, international scholars and offering significant contributions to how we understand law and legal theory to help shape future debates.

This book explores noteworthy approaches to modal syllogistic adopted by medieval logicians including Abélard, Albert the Great, Avicenna, Averröes, Jean Buridan, Richard Campsall, Robert Kilwardby, and William of Ockham. The book situates these approaches in relation to Aristotle's discussion in the Prior and Posterior Analytics, and other parts of the Organon, but also in relation to the thought of Alexander of Aphrodisias and Boethius on the one hand, and to modern interpretations of the modal syllogistic on the other. Problems explored (...) include: Aristotle's doctrine of modal conversion, the pure and mixed necessity-moods, modal ecthesis, the pure and mixed contingency-moods, and Aristotle's use of counter-examples. Medieval logicians brought various concepts to bear on these problems, including the distinction between per se and per accidens terms, the notion of essential predication, the distinction between ut nunc and simpliciter propositions, the distinction between de dicto and de re modals, and the notion of ampliation. All these are examined in this book. (shrink)

A non-classical, non-quantum theory, or NCQ, is any fully consistent theory that differs fundamentally from both the corresponding classical and quantum theories, while exhibiting certain features common to both. Such theories are of interest for two primary reasons. Firstly, NCQs arise prominently in semi-classical approximation schemes. Their formal study may yield improved approximation techniques in the near-classical regime. More importantly for the purposes of this note, it may be possible for NCQs to reproduce quantum results over experimentally tested regimes while (...) having a well defined classical limit, and hence are viable alternative theories. We illustrate an NCQ by considering an explicit class of NCQ mechanics. Here this class will be arrived at via a natural generalization of classical mechanics formulated in terms of a probability density functional. (shrink)

This manuscript reports on a landmark symposium on the ethical, legal and technical challenges of xenotransplantation in the UK. King’s College London, with endorsement from the British Transplantation Society (BTS), and the European Society of Organ Transplantation (ESOT), brought together a group of experts in xenotransplantation science, ethics and law to discuss the ethical, regulatory and technical challenges surrounding translating xenotransplantation into the clinical setting. The symposium was the first of its kind in the UK for 20 years. This paper (...) summarises the content of the expert lectures showcasing the progress which has been made in xenotransplantation including—the history of xenotransplantation, advances in gene edited animals and progress towards clinical xenotransplantation. We then set out the ethical and legal issues still to be resolved. Finally, we report the themes of the roundtable discussion highlighting areas of consensus and controversy. While the detail of the legal discussion was directed towards the UK, the principles and summary reported here are intended to be applicable to any jurisdiction seeking to implement clinical xenotransplantation. (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)

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.

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)

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

Climate change confronts us with our most pressing challenges today. The global consensus is clear that human activity is mostly to blame for its harmful effects, but there is disagreement about what should be done. While no shortage of proposals from ecological footprints and the polluter pays principle to adaptation technology and economic reforms, each offers a solution – but is climate change a problem we can solve? In this provocative new book, these popular proposals for ending or overcoming the (...) threat of climate change are shown to offer no easy escape and each rest on an important mistake. Thom Brooks argues that a future environmental catastrophe is an event we can only delay or endure, but not avoid. This raises new ethical questions about how we should think about climate change. How should we reconceive sustainability without a status quo? Why is action more urgent and necessary than previously thought? What can we do to motivate and inspire hope? Many have misunderstood the kind of problem that climate change presents – as well as the daunting challenges we must face and overcome. Climate Change Ethics for an Endangered World is a critical guide on how we can better understand the fragile world around us before it is too late. This innovative book will be of great interest to students and scholars of climate change, climate justice, environmental policy and environmental ethics. "This book offers a rare combination of tough-mindedness, analytic rigor, and passion as it tackles the greatest challenge of our time―climate change. For Brooks, it’s past time to acknowledge that climate change cannot be solved though the careful selection of good polices. Climate change is an unavoidable tragedy that we must endure but may be able to survive. Offering a program that emphasizes flexibility and adaptation, Brooks brings original insights to a debate that too long has been bogged down in wishful thinking and empty scholasticism." Professor Eric Posner, Kirkland & Ellis Distinguished Service Professor of Law at the University of Chicago's Law School. (shrink)

Review of Caruso's Rejecting Retributivism by Thom Brooks.

Review of Benjamin Yost's Against Capital Punishment by Thom Brooks.

Aristotle's modal syllogistic has been an object of study ever since the time of Theophrastus; but these studies have been somewhat desultory. Remarkably, in the 1990s several new lines of research have appeared, with series of original publications by Fred Johnson, Richard Patterson and Ulrich Nortmann. Johnson presented for the first time a formal semantics adequate to a de re reading of the apodeictic syllogistic; this was based on a simple intuition linking the modal syllogistic to Aristotelian metaphysics. Nortmann developed (...) an ingenious de dicto analysis. Patterson articulated the links between the modal syllogistic and the metaphysics, using an analysis which strictly speaking is neither de re nor de dicto. My own studies in this field date from 1976, when my colleague Peter Roeper and I jointly wrote a paper "Aristotle's apodeictic syllogisms" for the XXIInd History of Logic Conference in Krakow. This paper contained the disjunctive reading of particular affirmative apodeictic propositions, which I still favour. Nonetheless, I did not consider that paper's results decisive or comprehensive enough to publish, and my 1981 book The Syllogism contained no treatment of the modal syllogism. The paper's ideas lay dormant till 1989, when I read Johnson's and Patterson's initial articles. I began publishing on the topic in 1991. Gradually my thoughts acquired a certain comprehensiveness and systematicity, till in 1993 I was able to take a semester's sabbatical to write up a draft of this book. (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)

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 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)

The first full-length study of Robert Kilwardby's commentary on Aristotle's Prior Analytics, based on a study of the medieval manuscripts.

This compelling new book engages leading theorists to consider how cultivating emotions can impact on social justice. Although the presence of political emotions can appear counterproductive to stability and peace, there is an increasing recognition that emotions can be harnessed to empower community cohesion and social justice. Covering such key issues as adaptive preferences, capabilities, civil religion, compassion, conscience, dignity, feminism, imagination, multicultural citizenship, perfectionism, political liberalism, public sentiments, sympathy, Political Emotions challenges readers to explore the role emotions can and (...) should play in our modern society – and at a time when new ideas about how to foster a decent public sphere and overcome intolerance are urgently needed. Drawing particularly on the work of Martha C. Nussbaum, and including a chapter giving her personal response to the issues raised in the individual essays, this is a fascinating read for all of those interested in social and political philosophy today. (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)

Restorative justice is highly promising as an effective approach to better supporting victims, reducing reoffending, and lowering costs. The challenge it faces is a dual hurdle of limited applicability and lack of public confidence. The issue is how we might better embed restorative justice in the criminal justice system so its promising effectiveness could be shared more widely while increasing public confidence. This chapter explores the new approach of punitive restoration, which gives more tools for restoration including a wider punitive (...) element. Its goal is to win support for greater use of restorative practices and a less punitive criminal justice system overall. (shrink)

An inclusive sense of ‘opera’ is distinguished from the Western high‐art sense. The problem of aesthetic unity in opera is discussed in relation to hybrid art forms ; specific operatic styles ; individual operatic productions and performances . The article includes links to video clips from operatic performances.

The doctrine of the Holy Trinity requires the joint truth of the statements that there is a unique and simple God, and that there are three distinct Persons each of which is God. Saint Augustine posed the question what entities would have to exist, and how would they have to be related, in order for this doctrine to be internally consistent. The present book examines the attempts by ten leading philosophers (Augustine himself, Boethius, Abelard, Gilbert, Lombard, Bonaventure, Albert, Aquinas, Scotus (...) and Ockham) to answer Augustine's question. Subsidiary questions include the nature of divine simplicity, the divine perfections, the personal relations and their associated properties, and the interrelation between the abstract and the concrete within the Godhead. Each one of the historical theories of the Trinity is presented as a semantic model postulating a domain that, as needed, comprises a number of substances and non-substances. In each case, the theory's terms (e.g. the names of the Persons, and of the divine perfections, etc.) are assigned to elements in the domain. The elements to which the names apply essentially are designated as such. As needed, the abstracts of the names are also assigned elements in the domain. Various pairs of elements in the domain are connected as correlatives, or as abstract and concrete, or by way of substantial predication. These models allow for comparisons between different theories, and provide a means of checking a theory's consistency. (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)

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)

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)

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)

Trust is essential for our democracy. We trust our political leaders and institutions to put the public interest before their personal or partisan advantage. We trust each other to work and live together. No system is perfect and there is rarely one right answer to the big challenges faced, but we expect leaders to be honest, competent and compassionate – and punish any breaches harshly in the polls or the ballot box. But not any longer. Now is a time of (...) political crisis that’s fuelled by a lack of trust in government and the mainstream. This carries significant and damaging consequences for the future of our democracy fragmenting and polarising our communities. While election results from Brexit to Trump shocked political pundits on both sides of the Atlantic, the roots of an alienated and divided public who increasingly do not trust public figures to put the public interest first have root causes that run deep. The absence of trust creates a political shift akin to a new kind of revolution putting at risk our democracy’s future health. Awareness and action have never been needed more urgently. For over two decades, Thom Brooks has been a leading voice in exposing this crisis in trust and challenging its foundations. This provocative collection of new and recent reflections brings together his work as a freelance columnist and essayist covering Brexit, British values, citizenship and immigration, Scotland’s independence referendum, tackling the Covid-19 pandemic, education policy and legal reform. These essays highlight his substantial contributions to some of the leading political issues of our day. How deep is our current crisis – and what can we do about it to rebuild trust in our politicians, public institutions and each other? Brooks provides clear insights into these issues and more with his ‘realistic optimism’ for the future and why we can be the solution to our political crisis. (shrink)

Are communicators perceived as committed to what they actually say (what is explicit), or to what they mean (including what is implicit)? Some research claims that explicit communication leads to a higher attribution of commitment and more accountability than implicit communication. Here we present theoretical arguments and experimental data to the contrary. We present three studies exploring whether the saying–meaning distinction affects commitment attribution in promises, and, crucially, whether commitment attribution is further modulated by the degree to which the hearer (...) will actually rely on the promise. Our results support the conclusion that people perceive communicators to be committed to ‘what is meant’, and not simply to ‘what is said’. Our findings add to the experimental literature showing that the saying–meaning distinction is not as pivotal to social relations as often assumed, and that its role in commitment attribution might be overestimated. The attribution of commitment is strongly dependent on the (mutually known) relevance of ‘what is meant’. (shrink)

Human expression is open-ended, versatile, and diverse, ranging from ordinary language use to painting, from exaggerated displays of affection to micro-movements that aid coordination. Here we present and defend the claim that this expressive diversity is united by an interrelated suite of cognitive capacities, the evolved functions of which are the expression and recognition of informative intentions. We describe how evolutionary dynamics normally leash communication to narrow domains of statistical mutual benefit, and how expression is unleashed in humans. The relevant (...) cognitive capacities are cognitive adaptations to living in a partner choice social ecology; and they are, correspondingly, part of the ordinarily developing human cognitive phenotype, emerging early and reliably in ontogeny. In other words, we identify distinctive features of our species' social ecology to explain how and why humans, and only humans, evolved the cognitive capacities that, in turn, lead to massive diversity and open-endedness in means and modes of expression. Language use is but one of these modes of expression, albeit one of manifestly high importance. We make cross-species comparisons, describe how the relevant cognitive capacities can evolve in a gradual manner, and survey how unleashed expression facilitates not only language use, but also novel behaviour in many other domains too, focusing on the examples of joint action, teaching, punishment, and art, all of which are ubiquitous in human societies but relatively rare in other species. Much of this diversity derives from graded aspects of human expression, which can be used to satisfy informative intentions in creative and new ways. We aim to help reorient cognitive pragmatics, as a phenomenon that is not a supplement to linguistic communication and on the periphery of language science, but rather the foundation of the many of the most distinctive features of human behaviour, society, and culture. (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)

G. W. F. Hegel’s theory of punishment has been most often thought to fit within a particular penal camp. The most popular interpretation is that this theory is retributivist because criminals should only be punished only where deserved in an effort to “annul” crime. Others believe this theory is a theory of moral education whereby criminals come to understand their crimes as wrongs in an effort to reform their behaviour. These interpretations all fail to acknowledge the novelty of Hegel’s theory (...) of punishment. Hegel’s originality consists in offering the first unified theory of punishment. A unified theory of punishment aspires to offer a single, coherent theory of punishment that brings together retributivist, deterrent, and rehabilitative elements without substantial conflict. We can find similar unified theories of punishment amongst Hegel’s earliest defenders, the British Idealists (or “British Hegelians”), who helped to popularize Hegel’s philosophical contributions in the late nineteenth century. Thus, Hegel’s novel theory of punishment marks the beginning of a new tradition concerning how we might think about punishment. (shrink)

This article explores the relationship between capabilities and political liberalism. There are two views about how they might be compatible: Sen claims capabilities should be seen as a revision of primary goods while Nussbaum argues capabilities should form part of an overlapping consensus. It is argued they are both right—and incorrect. Whereas Sen identifies where compatibility might best be found, it is Nussbaum’s conception of capabilities that is able to overcome Rawls’s objections to Sen’s proposal. This provides a new third (...) way of conceiving how capabilities and political liberalism might address these concerns that is more compelling for how Sen and Nussbaum claim. The two rivals can come together, but not in the way that either of its most well known champions have argued. (shrink)