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Some contemporary Just War theorists, like Jeff McMahan, have recently built upon an individual right of self-defense to articulate moral rules of war that are at odds with commonly accepted views. For instance, they argue that in principle combatants who fight on the unjust side ought to be liable to punishment on that basis alone. Also, they reject the conclusion that combatants fighting on both sides are morally equal. In this paper, I argue that these theorists overextend their self-defense analysis (...) |
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I will argue that the fairly common assumption that brain imaging may compromise people’s privacy in an undesirable way only if moral crimes are committed is false. Sometimes persons’ privacy is compromised because of failures of privacy. A normal emotional reaction to failures of privacy is embarrassment and shame, not moral resentment like in the cases of violations of right to privacy. I will claim that if (1) neuroimaging will provide all kinds of information about persons’ inner life and not (...) |
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A multitude of reasons are given for banning various forms of symbolic clothing. The only thing that is clear is that there has not been a definitive way to proceed. The lack of clarity and ambiguity over what children should be allowed to wear in schools is apparent. Consequently, policies regarding symbolic clothing are inconsistent and erratic, at best. This article explores the reasons used for the banning of symbolic clothing in schools and recommends four principles that may assist educators (...) |
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Schadenfreude is the emotion we experience when we obtain pleasure from others’ misfortunes. Typically, we are not proud of it and admit experiencing it only sheepishly or apologetically. Philosophers typically view it, and the disposition to experience it, as moral failings. Two recent defenders of Schadenfreude, however, argue that it is morally permissible because it stems from judgments about the just deserts of those who suffer misfortunes. I also defend Schadenfreude, but on different grounds that overcome two deficiencies of those (...) |
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It is generally acknowledged that school discipline is failing. Through a comparison of two very different disciplinary situations, I inquire into possible causes of failure and conditions of success. The argument is made that if discipline is to succeed, students must believe in and identify with the goals it is designed to support. Questions are raised as to just how embracing (pervasive throughout school life), lofty (transcending the classroom), and moralized (emphasizing social over personal) such goals should be. Without specifying (...) |
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Patricia White (Stud Philos Educ 18:43–52, 1999) argues that the virtue gratitude is essential to a flourishing democracy because it helps foster universal and reciprocal amity between citizens. Citizens who participate in this reciprocal relationship ought to be encouraged to recognize that “much that people do does in fact help to make communal civic life less brutish, pleasanter and more flourishing.” This is the case even when the majority of citizens do not intentionally seek to make civic life better for (...) |
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This article focuses primarily on the emotion of guilt as providing a justification for retributive legal punishment. In particular, I challenge the claim according to which guilt can function as part of our epistemic justification of positive retributivism, that is, the view that wrongdoing is both necessary and sufficient to justify punishment. I show that the argument to this conclusion rests on two premises: (1) to feel guilty typically involves the judgment that one deserves punishment; and (2) those who feel (...) |
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The author questions himself about what is known as “the paradox of blackmail,” that is, the fact that blackmail is the result of the combination of two ways of behaving which are often both lawful if taken individually, but unlawful once they are connected. The author also examines whether the harm principle typical of liberal orders provides the justification (the rationale) for the assumption of blackmail as a crime, or whether it is instead necessary to turn to another justificatory basis: (...) |
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This paper is intended to be a summary of the author's views on the relationship between law and morality worked out over the past three decades in jurisprudence. The paper preliminarily clarifies the matter by isolating some lines of cleavage separating different questions askable about this relationship. With this done, the author argues for two theses. One, that judges are obligated to use morality in their decisions in particular cases; and two, that the morality judges are obligated to use in (...) |
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Abstract:I argue that, since the legal order is a public good, an act of legal punishment may be viewed as the imposition of a kind of tax, which I label ‘a quasi-tax’. Once punishment is viewed as a quasi-tax, the traditionally opposed approaches to punishment may be reconciled, as both utility and retribution jointly justify an act of legal punishment. I discuss objections to my argument and I reply to them. |
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