A themed issue on the work of Michael Oakeshott.

I’ll raise a problem for Retributivism, the view that legal punishment is justified on the basis of desert. I’ll focus primarily on Mitchell Berman’s recent defense of the view. He gives one of the most sophisticated and careful statements of it. And his argument is representative, so the problem I’ll raise for it will apply to other versions of Retributivism. His insights about justification also help to make the problem particularly obvious. I’ll also show how the problem extends to non-retributive (...) justifications of punishment. I’ll argue that Berman’s argument makes a questionable assumption about the standard of justification that justifications of punishment must meet to be successful. If we think about what it takes to justify punishment and reflect on the intuitions that retributivists appeal to, it turns out that the intuitions aren’t obviously up to the task. (shrink)

What is analytical philosophy of education (APE)? And what has been its place in the history of the subject over the last fifty years? In a recent essay in Ethics and Education (Vol 2, No 2 October 2007) on ‘Rival conceptions of the philosophy of education’, Paul Standish described a number of features of APE. Relying on both historical and philosophical argument, the present paper critically assesses these eight points, as well as another five points delineating APE in the Introduction (...) to The Blackwell Guide to the Philosophy of Education. (shrink)

This paper proposes a retributive argument against punishment, where punishment is understood as going beyond condemnation or censure, and requiring hard treatment. The argument sets out to show that punishment cannot be justified. The argument does not target any particular attempts to justify punishment, retributive or otherwise. Clearly, however, if it succeeds, all such attempts fail. No argument for punishment is immune from the argument against punishment proposed here. The argument does not purport to be an argument only against retributive (...) justifications of punishment, and so leave open the possibility of a sound non-retributive justification of punishment. Punishment cannot be justified, the paper argues, because it cannot be demonstrated that any punishment, no matter how minimal, is not a disproportionate retributive response to criminal wrongdoing. If we are to hold onto proportionality—that is, proportionality as setting a limit to morally permissible punishment—then punishment is morally impermissible. The argument is a retributive argument against punishment insofar as a just retributive response to wrongdoing must be proportionate to the wrongdoing. The argument, that is, is concerned with proportionality as a retributive requirement. The argument against punishment is set out on the basis of a familiar version of the ‘anchoring problem’, according to which it is the problem of determining the most severe punishment to anchor or ground the punishment scale. To meet the possible criticism that we have chosen a version of the anchoring problem particularly favourable to our argument, various alternative statements of the anchoring problem are considered. Considering such statements also provides a more rounded view of the anchoring problem. One such alternative holds that the punishment scale must be anchored not just in the most severe punishment, but in the least severe punishment as well. Other alternatives hold that it is necessary and sufficient to anchor the punishment scale in any two punishments, neither of which needs to be the most or least severe punishment. A further suggestion is that one anchoring point anywhere along the punishment scale is sufficient, because it is possible to ‘project’ from such a point, so as to determine the correlative punishments for all other crimes, and so derive a complete punishment scale. Finally, the suggestion is considered that one can approach the issue of a punishment scale ‘holistically’, denying any distinction between anchoring and derived (or ‘projected’) punishments. (shrink)

Human rights are rights which all persons equally have simply insofar as they are human. But are there any such rights? How, if at all, do we know that there are? It is with this question of knowledge, and the related question of existence, that I want to deal in this paper. 1. CONCEPTUAL QUESTIONS The attempt to answer each of these questions, however, at once raises further, more directly conceptual questions. In what sense may human rights be said to (...) exist? What does it mean to say that there are such rights or that persons have them? This question, in turn, raises a question about the nature of human rights. What is the meaning of the expression “human rights”? Within the limits of the present paper I cannot hope to deal adequately with the controversial issues raised by these conceptual questions. But we may make at least a relevant beginning by noting that, in terms of Hohfeld's famous classification of four different kinds of rights, the human rights are primarily claim-rights, in that they entail correlative duties of other persons or groups to act or to refrain from acting in ways required for the right-holders' having that to which they have rights. It will help our understanding of this and other aspects of human rights if we note that the full structure of a claim-right is given by the following formula: A has a right to X against B by virtue of Y. There are five main elements here: first, the Subject of the right, the person or persons who have the right; second, the Nature of the right; third, the Object of the right, what it is a right to; fourth, the Respondent of the right, the person or persons who have the correlative duty; fifth, the Justifying Basis or Ground of the right. (shrink)

I argue that contemporary liberal theory cannot give a general justification for the institution or practice of punishment, i.e., a justification that would hold across a broad range of reasonably realistic conditions. I examine the general justifications offered by three prominent contemporary liberal theorists and show how their justifications fail in light of the possibility of an alternative to punishment. I argue that, because of their common commitments regarding the nature of justification, these theorists have decisive reasons to reject punishment (...) in favor of a non-punitive alternative. I demonstrate the possibility of this alternative by means of a careful examination of the nature of punishment, isolating one essential characteristic—the aim to impose suffering—and showing how this characteristic need not guide enforcement. There is logical space for a forceful and coercive, yet non-punitive method of enforcement. This fact poses difficulties for many classical and contemporary justifications of punishment, but it poses particularly crippling problems for general liberal justifications. (shrink)

Just about all political philosophy of the recommending kind is factless and presumptuous. That it has an honest intellectual use, which it does, and which of course is different from its use as reassurance and the like, is only to be explained by the want of something better.

The article consists of a general section looking at changes since the 1960s in the links between philosophy of education and policy-making, followed by a specific section engaging in topical policy critique. The historical argument claims that policy involvement was far more widespread in our subject before the mid-1980s than it has been since then, and discusses various reasons for this change. The second section is a close examination of the Expert Panel's December 2011 recommendations on the future of the (...) English National Curriculum. Embedded in this is a critique of Michael Young's influential notion of ‘powerful knowledge’. (shrink)

This article argues for a realist conception of human needs. By ‘realist’ we mean that certain fundamental needs are categorically distinct from consumer wants, holding independently of people's subjective beliefs as objective life requirements. These basic needs, we contend, are baseline measures of social justice in the sense that no society that does not prioritise their satisfaction can be legitimate. The paper concludes with a comprehensive response to seven core objections to our position.

Autonomy is, among other things, an actual psychological condition, a capacity that can be developed, and an educational ideal. This paper contextualises, analyses, criticises and extends the theory of Richard S. Peters on these three aspects of autonomy.

The thesis studies the problem of measuring freedom of choice. It analyzes the concept of freedom of choice, discusses conditions that a measure should satisfy, and introduces a new class of measures that uniquely satisfy ten proposed conditions.

The question of whether desert depends on institutions or institutions on desert continues to divide politicians and political theorists, particularly in disputes over the justification of the welfare state. Even though it is a significant question with direct relevance for issues of economic justice, little has been done so far to evaluate the various positions in dispute and to make explicit the concepts involved. In this paper, I first present the main senses in which the concepts of desert, dependence and (...) institution are used by different desert theorists and I argue that conflicting claims concerning desert's pre/institutional nature may turn out to be compatible and similar claims, inconsistent, when the senses of these concepts are made explicit. Secondly, I identify the senses of 'desert', 'dependence' and 'institution' which are most appropriate for the debate. Thirdly, I argue that, from the perspective of this conceptual framework, it is not possible to decide whether or not desert depends on institutions, unless the framework is supplemented by a more precise specification of the concept of institution. (shrink)

Philosophy and Literature is an internationally renowned refereed journal founded by Denis Dutton at the University of Canterbury, Christchurch. It is now published by the Johns Hopkins University Press. Since its inception in 1976, Philosophy and Literature has been concerned with the relation between literary and philosophical studies, publishing articles on the philosophical interpretation of literature as well as the literary treatment of philosophy. Philosophy and Literature has sometimes been regarded as iconoclastic, in the sense that it repudiates academic pretensions, (...) insidious jargon and institutional vogue. Dutton, who remains the editor, still writes a regular column. A distinctive feature of Philosophy and Literature was the annual Bad Writing Contest, held from 1995–98, which sought to identify (and publish) the ‘most stylistically lamentable passages’ of academic prose, often to great amusement. (shrink)

If the rich could pay the poor to die for them, then the poor would make a good living.

Discussion concerning the meaning and analysis of “punishment” has centered, in large measure, on claims for a logical connection between “punishment” and “guilt.” However, more and more in the literature focus has shifted from guilt as the defining feature of “punishment” to guilt as only one of many constitutive conditions satisfaction of which is necessary for standard cases with allowance made for other correct, though secondary, uses of the term.

The philosophical problems of liberty may be classified as those of definition, of justification and of distribution. They are so complex that there is a danger of being unable to see the wood for the trees. It may be helpful, therefore, to provide an aerial photograph of a large part of the wood, namely, the liberty ofindividual persons. But it is, of course, a photograph taken from an individual point of view, as Leibniz would have put it.

The Argumentwhile reconizing that public sector research has long been managed by a wide variety of practices and techniques, this paper concentrates on the increasingly important role that patents are playing in the management and regulation of public sector research. It argues that as a specific form of technology, patents play a significant and growing role in facilitating the management of the scientific object and can also be seen as a particular instance of governmentality. More specifically, it argues that patents (...) have had an important impact on the culture and political ecomomy of science. In this sence patents can be seen not only as a legal regime that provides limited property rights over technical information but also as a sophisticated tool of discipline and control that is used to regulate and manage public sector research. The paper suggests that with the increasing use of patents as a means of governing science, we are witnessing the growing juridification of science, the intervention of the law into an arena it hitherto largely ignored. (shrink)

This thesis provides a detailed analysis of the dialectic of conscience within Hegel’s Philosophy of Right. It aims to show that Hegel provides a fundamental role for conscience within the state and, thus, that Hegel preserves the right to subjective freedom within ethical life. In doing so, it aims to unite divided opinion on the role of conscience within Hegel’s political philosophy and to further disarm the charge that Hegel’s state advocates repressive or authoritarian political structures. In order to pursue (...) this argument, this thesis first examines the emergence of conscience within the morality section of the text. It presents the moral conscience as the fruition of subjective freedom; as possessing the right to produce its own convictions and determine for itself what is good. However, it then continues to highlight the necessarily formal nature of the moral conscience and claims that, because of this formality, the content of conscience is always contingent. As such, the moral conscience is always in danger of willing evil; and it is precisely this danger that necessitates the move into ethics. The moral conscience is sublated by the true, ethical conscience. This thesis presents its own reading of the Aufhebung from the moral conscience to the true conscience of ethical life, which it believes properly reflects the dialectical progression of freedom within the text. It argues that, during the process of Aufhebung, the essential moments of moral conscience are retained and only the negative aspects are lost. In particular, it claims that conscience’s right to produce its own convictions is preserved within ethical life, but that the contingency of conscience is not. As such, true conscience wills the good both in and for itself. This does not mean that true conscience cannot make mistakes. But it does entail that true conscience cannot put its own convictions beyond criticism. For this reason, this thesis also maintains that the formal conscience of morality, in its non-aufgehoben form, has no place within the ethical realm. This thesis locates true conscience’s function in the disparity between the actual and the existing state. It argues that, in recognising the rational principles inherent in society and by transforming the existing world to conform more faithfully to these principles, true conscience plays an essential role in keeping the state in line with its own, rational essence. However, it also maintains that this type of immanent critique extends only to reform, and not to not radical, social criticism. The thesis concludes by describing true conscience’s role in the legislative power. (shrink)

Need and Desire have obvious affinities. In this lecture I shall consider how they are to be distinguished, and how they may be confused: distinguished, that is, within philosophy, and confused in life itself. I shall then consider, very briefly, how this possibility of confusion bears upon morality and moral assessment.

This article was first published in 1982 in Educational Analysis (4, 75–91) and republished in 1998 (Hirst, P. H., & White, P. (Eds.), Philosophy of education: Major themes in the analytic tradition, Vol. 1, Philosophy and education, Part 1, pp. 61–78. London: Routledge). I was then a lecturer in philosophy of education at Sheffield University teaching the subject to Master’s students on both full- and part-time programmes. My first degree was in philosophy, read under D. W. Hamlyn and David Cooper (...) and, given their interests, inevitably emphasized the philosophy of language, in particular the work of Wittgenstein in this field. When I subsequently turned my attention to the philosophy of education it seemed obvious to me that there were serious problems with Professor Peters’ approach to language, and I had particular difficulties with his approach to criteria, meaning theory and what seemed an odd interpretation of a transcendental argument. This article thus set out to show that the then dominant form of philosophy of education seemed not to take account of developments in the philosophy of language that preceded Professor Peters’ early work by at least a decade and which cast serious doubt on the enterprise as it was then understood. As the articles in the 1998 collection indicate, I was not alone in thinking there was something amiss, although at the time I seemed to be ploughing a somewhat lonely furrow. In revisiting this early article some 30 years after it was first published I have found to my surprise that there is little I would now change, although I have been forcibly reminded of the very lively discussions Professor Peters and I had over these issues. The fact that there is little I would now add to, or subtract from, my critique is in itself a telling comment on the enduring and influential legacy of the approach to the philosophy of education that Professor Peters championed so powerfully. (shrink)

In this article I describe the analytic approach adopted by Peters, his colleagues and followers of the ?London line? in the 1960s and 1970s and argue that, even in those times, other approaches to philosophy of education were being valued and practised. I show that Peters and his colleagues later became aware of the need for philosophy of education to become aware of and take in hand a new set of agendas and address the list of substantive issues inherent in (...) the contexts and political considerations beginning to impinge on education in the 1980s and beyond. I argue that there is much to be said for adopting a postempiricist problem-solving approach and point to the ways in which an evolutionary epistemology may be usefully applied to many of the problems of modern educational discourse. But I also seek to show how the abiding axiological concerns of Peters may still serve as the substantive background and definition of the value emphasis of the aims and directions in which philosophers of education are currently still working. (shrink)