The reform of offenders is often said to be one of the morally legitimate aims of punishment. After briefly surveying the history of reformist thinking I examine the ‘quasi-reform’ theories, as I call them, of H. Morris, J. Hampton and A. Duff. I explain how they conceive of reform, and what role they take it to have in the criminal justice system. I then focus critically on one feature of their conception of reform, namely, the claim that a reformed offender (...) will obey the relevant laws for moral reasons. I argue on consequentialist grounds that this requirement is objectionable. Consequentialism has always accepted reform as one legitimate goal of punishment, but it will not accept the narrowly moral conception of it that we find in the quasi-reform theorists. I situate my criticism within criminal law theory, but I also consider the claim in moral theory that acting from moral motives has intrinsic value. (shrink)

This paper draws upon contemporary feminist philosophy in order to consider the changing meaning of privacy and its relationship to identity, both online and offline. For example, privacy is now viewed by European Court of Human Rights (ECtHR) as a right, which when breached can harm us by undermining our ability to maintain social relations. I briefly outline the meaning of privacy in common law and under the European Convention on Human Rights (ECHR) in order to show the relevance of (...) contemporary feminist thought, in particular the image of selfhood that stresses its relationality. I argue that the meaning of privacy is in the process of altering as a result of a number of contingent factors including both changes in technology, particularly computer mediated communication (CMC), and changes in the status of women. This latter point can be illustrated by the feminist critique of the traditional reluctance of the liberal state to interfere with violence and injustice within the “privacy” of the home. In asking the question: “how is the meaning of “privacy” changing?” I consider not only contemporary legal case law but also Thomas Nagel’s influential philosophical analysis of privacy. Nagel’s position is useful because of the detail with which he outlines what privacy used to mean, whilst bemoaning its passing. I agree with his view that its meaning is changing but am critical of his perspective. In particular, I challenge his claim regarding the traditional “neutrality of language” and consider it in the context of online identity. (shrink)

In this article I explore the usefulness of Spinoza’s ethics for feminism by considering ways in which it allows feminists to rethink privacy. I draw upon some of Spinoza’s central ideas to address the following question: when should information be classed as private and when should it be communicated? This is a question that is considered by the common law courts. Attempts to find a moral underpinning for such a tortious action against invasions of privacy have tended to draw upon (...) Kant’s categorical imperative. In contrast, I want to consider how Spinoza provides an immanent ethics that reconfigures how privacy is understood. (shrink)

This article draws attention to a form of injustice in intimate relationships of care that is largely ignored in discussions about the legal rights and obligations of intimate partners. This form of injustice is connected to a feature of caregiving I call “flexibility,” in virtue of which caregiving requires “skills of flexibility.” I argue that the demands placed by these skills on caregivers create constraints that amount to “vulnerability to oppression.” To lift these constraints, caregivers are entitled to open-ended responses (...) to their work, responses that would enable them to pursue their own projects while providing care. Instead of protecting individual choice of intimate relationships, marriage law should protect these entitlements. (shrink)

Imagine a citizen (call her Ellen) engages in conduct the state says is a crime, for example, money laundering. Imagine too that the state of which Ellen is a citizen has decided to make money laundering a crime. Does the state wrong Ellen when it punishes her for money laundering? It depends on what you think about the authority of the criminal law. Most criminal law scholars would probably say that the criminal law as such has no authority. Whatever authority (...) is has depends on how well it adheres to the demands of morality inasmuch as morality is the only authority we have. Thus if morality says that money laundering should not be a crime then the state wrongs Ellen when it punishes her. But if the criminal law as such does have authority, and if in the exercise of its authority the state has decided to make money laundering a crime, then the state does Ellen no wrong when it punishes her. (shrink)

Forgiveness typically becomes an issue where an offender has wronged a victim. What the offender and his victim are concerned with when engaging in a process of asking for and granting forgiveness includes the social relations that previously existed between them. It is against the background of these relations that the question arises whether there can be a duty for a victim to forgive and a right for an offender to be forgiven. I suggest distinguishing between personal and moral relations (...) between people; the latter bind every rational agent to the community of all moral agents, whereas the former are a personal matter. Accordingly, I distinguish between personal and moral forgiveness. And I argue that the offender has a right to be morally forgiven, either by the victim herself or by another member of the community of moral agents; but the victim does not have a duty to forgive the offender personally. (shrink)

The death of a person is a tragedy while the explosion of a lifeless galaxy is a mere firework. The moral difference is grounded in the nature of humans: humans have intrinsic worth, a worth that makes their fate really matter. This is the worth proposed as the foundation of ethics. Ethics in the usual sense of right and wrong actions, rights and virtues, and how to live a good life, is founded on something more basic that is not itself (...) about actions, namely the worth of persons. Human moral worth arises from certain properties that distinguish humans from the rest of creation (though some animals share a lesser degree of those properties): rationality, consciousness, the ability to act for reasons, emotional structure and love, individuality. This complex package makes humans the "piece of work" of which Hamlet says, “How noble in reason, how infinite in faculty." The Worth of Persons establishes a foundation for ethics in the equal worth of persons, which makes ethics absolutely objective and immune to relativist attacks because it is based on the metaphysical truth about humans. Endless debate about ethical dilemmas, rules, and principles fails to connect with what is really important ethically, that is, what makes humans matter. (shrink)

In this article I introduce the notion of crucial evidence and I use it to shed light on an ongoing scholarly controversy in Hobbes studies, namely whether Hobbes holds a prudential or a deontological theory of contractual obligation. Even though there is important evidence for both readings, I argue that there is crucial evidence for interpreting Hobbes’s account in a deontological fashion.