This paper is concerned with the moral concept of harm in the context of the Warsaw International Mechanism for Loss and Damage. This paper delineates between two concepts of wrongful harm: interactional versus architectural. It then examines these options with an eye toward developing a satisfactory normative approach for policy. While the interactional view of wrongful harm supports powerful arguments about moral responsibility, it has some clear limitations. This paper makes a case for the architectural view by underlining that it (...) is not only compatible with the features of the Paris Agreement but also supports a distinctive conception of justice. (shrink)

Although Hume’s critique of the design argument is a powerful non-inductive meta-argument, the main line of critical reasoning is not analogical but rather a complex meta-argument. It consists of two parts, one interpretive, the other evaluative. The critical meta-argument advances twelve criticisms: that the design argument is weak because two of its three premises are justified by inadequate subarguments; because its main inference embodies four flaws; and because the conclusion is in itself problematic for four reasons. Such complexity is quite (...) manageable in a meta-argumentation approach. (shrink)

ABSTRACT Autonomy may be used to justify free speech claims where the right is raised against the state but also to justify state intervention intended to promote autonomy which may entail restraints on others' speech. The appeal to diversity and autonomy may be used by both sides of the pornography and censorship debate. Although autonomy may be invoked in defence of pornography as part of the general defence of free speech, it is argued that autonomy favours the regulation of pornography. (...) The ‘free speech’defence of pornography is critically examined here and an alternative argument advanced for regulation. (shrink)

How do social norms influence our choices? And does the presence of biased norms affect what we owe to each other? Looking at empirical research relating to PrEP rollout in HIV prevention policy, a...

Many maintain that if a beneficiary has a right to a benefit provided by his benefactor, then the former cannot owe the latter gratitude for that benefit. In this paper I argue against that view. I provide examples in which benefactors provide others with benefits to which they have a right even though most others are denying them that right. These benefactors are moral standouts; they do what is right when most similarly situated agents fail to do so. I then (...) spell out some of the features of these benefactors’ actions that make them worthy of gratitude. (shrink)

This article discusses three main orientations in recent works of legal and political theory about the family-contract-based, community-based, and rights-based-and argues that none of these takes adequate account of two paradoxical features of family life and of the family's relationship to the state. A coherent political and legal theory of the family in the contemporary United States requires recognition of the relational rights and responsibilities intrinsic to family life.

Despite clear parallels between Jürgen Habermas’s discourse ethics and recent scholarship in feminist ethics, feminists are often suspicious of discourse ethics and have kept themselves mostly separate from the field. By developing a sustained application of Habermas’s discourse ethics to friendship, Keller demonstrates that feminist misgivings of discourse ethics are largely misplaced and that Habermas’s theory can be used to develop a compelling moral phenomenology of interpersonal relations.

This reflection is based on a conversation with Professor Carole Pateman on 4th December 2017 as we prepared for a conference at Cardiff University to celebrate the thirtieth anniversary of her seminal work, The Sexual Contract. As socio-legal scholars, The Sexual Contract has been formative in, and transformative of, our understandings of law and gender. We explore Professor Pateman’s academic journey and consider how she came to write a ground-breaking book that has made major impacts on socio-legal and feminist legal (...) studies. The paper is structured around the main themes arising in conversation with Pateman, with each section centred on her own account taken from our conversation in late 2017. (shrink)

This article outlines an objective list theory of animal and alien well-being. Responding to three sorts of perfectionist criticism of such OLT, it argues that OLT is actually superior on each count. This is significant, because perfectionism is much discussed yet OLT is little discussed in philosophy of animal well-being, and because perfectionism can reasonably be expected to do comparatively well on the points where it is criticizing OLT.

This paper deals with the particularities of vagueness in law. Thereby the question of the law’s capacity for vagueness is closely related to the question of the impact of vagueness in law, since exaggerated vagueness combined with the elasticity of legal interpretation methodology may affect the constitutional principles of legal certainty, the division of powers, and the binding force of statute. To represent vagueness and the instability of legal concepts and rules, a Hyperbola of Meaning is introduced, opposing Heck’s metaphor (...) of a core and a periphery of meaning. Furthermore, evidence is provided that the use of vague legal concepts and the capability of legal methodology to affect the specific meaning of those concepts, may give rise to astonishing and irrational changes of meaning of the law. Finally the paper sets out in search of an added value of vagueness in law, and weighs several stated pros and contras of vagueness. The paper is written against a background of the German speaking realm. (shrink)

This thesis examines some of the contested meanings of what it is to be a self, person and individual. The law of obligations sets the context for this examination. One of the important aspects of contemporary feminist philosophy has been its move beyond highlighting inconsistencies in political and legal theory, in which theoretical frameworks can be shown to rely upon an ambiguous treatment of women. The feminist theorists whose work is considered use these theoretical weaknesses as a point of departure (...) to propose different conceptual frameworks. I start by analysing contemporary work on the self from within both philosophy of science and feminist metaphysics to draw out common approaches from these diverse positions. These themes are then discussed in the context of the law. I then critically examine the concept of legal personhood in the work of Drucilla Cornell and her proposals for the amendment of tort law. This is juxtaposed with an analysis of the practical operation of tort law by adapting François Ewald's work on risk and insurance to English law. I concentrate on women's ambiguous position with regard to both risk and to the image of the individual that is the subject of Ewald's critique. This is followed by an examination of the changing position of women with regard to 'possessive individualism', 'self-ownership' or 'property in the person' in relation to contract law and social contract theory. There are a number of different social contracts discussed in the thesis: Cornell's reworking of John Rawls and the stories of Thomas Hobbes and of Carole Pateman. The final 'social contract' to be discussed is that of 'new contractualism', the employment of contract as a technique of government. I argue that Pateman's critique of possessive individualism continues to be relevant at a time when the breadwinner/housewife model has broken down. (shrink)

This paper explores the historic philosophical contributions ofMill and Marx toward a comprehensive conception of intellectual freedomas a basic educational entitlement. In a perhaps surprising confluence,Marx's theory of a material base for freedom of thought is then extendedin a discussion of contemporary freedoms including, importantly,academic freedom and its implication for teaching, the profession andits training.

This paper argues that measurements of opportunity which focus on the contents of a person's opportunity set fail to capture open-ended aspects of opportunity that liberals should value. I propose an alternative conception of which does not require the explicit specification of opportunity sets, and which rests on an understanding of persons as responsible rather than rational agents. I suggest that issues of distributive fairness are best framed in terms of real income, and that meaningful measurements of real income are (...) possible if opportunity as mutual advantage is ensured. (shrink)

In this paper, we show that the question of the relative importance of innate characteristics and institutional arrangements in explaining human difference was vehemently contested in Britain during the first half of the nineteenth century. Thus Sir Francis Galton’s work of the 1860s should be seen as an intervention in a pre-existing controversy. The central figure in these earlier debates—as well as many later ones—was the philosopher and economist John Stuart Mill. In Mill’s view, human nature was fundamentally shaped by (...) history and culture, factors that accounted for most mental and behavioral differences between men and women and among people of different classes, nationalities, and races. Indeed, Mill’s whole program of social reform depended on the assumption that human differences were not fixed by nature. To identify the leading figures in these disputes about difference and the concrete context in which they occurred, we explore three debates in which Mill played a key role: over the capacities and rights of women, the viability of peasant proprietorship in India and Ireland, and the status of black labor in Jamaica. The last two draw our attention to the important colonial context of the nature–nurture debate. We also show that ideas that for us seem of a piece were not always linked for these earlier thinkers, nor did views on innateness necessarily have the political correlates that we now take for granted. (shrink)

I elicit some of Foucault’s insights to provide a more realistic picture than is the norm in social and political theory of how best to identify and overcome domination. Foucault’s vision is realized best, I argue, by combining his account with two related conceptions of domination based on human needs and realistic accounts of politics that focus on agency, power and interests. I defend a genealogical, inter-subjective account of how the determination of needs and interests forms the basis of ascertaining, (...) on a continuum, the extent to which relations of power generate states of domination. To that end I propose institutional changes that would empower citizens in positive and negative ways: power over legislation in district assemblies and via veto and repeal; real control over representatives through various means; and decennial constitutional plebiscites. (shrink)

Trends in the history of social science dedicated to the study of crime and punishment are presented as a case study supporting F.A. Hayek's theory of social change. Designing effective social institutions and public policies first requires an accurate vision of how society operates. An accurate model of society further requires scientific methods uniquely suited for the study of human beings as purposeful agents and the study of human institutions as complex social phenomena. If guided by faulty methods, theories are (...) inaccurate and policy outcomes veer from their intentions. Hayek termed such outcomes "abuses of reason". Aiming to replicate the objectivity of physical sciences via formal modeling and statistical measurement, economists throughout the 20th century imposed an excessively technical vision of human decision-making. Policy failures and social problems resulted. This paper argues that the historical trends of applied social science dedicated to crime and punishment can be understood similarly. Formal modeling and statistical measurement continuously displaced methods more attuned to human intentionality and social complexity. In result, amidst a long-run history of intellectual and political change, US law enforcement and criminal punishment policies became technocratic, and outcomes became disjointed from their stated intentions to promote social order and welfare. (shrink)

Are hierarchies necessary in human relationships? This issue is a central one for feminist theory, and there is a continuing need to rethink relationships and to envision what they might be like without any sort of dominance of some over others. To aid this process of envisioning alternatives, this paper examines more closely the way one of the most intimate of hierarchies - marriage - has been argued and envisioned historically.

Desde la crítica feminista a John Rawls y la teoría del reconocimiento de Axel Honneth, se propone ampliar la noción liberal de justicia social para que las relaciones de amor y cuidado recuperen su papel vital. Se examina en qué medida y sentido la vida familiar constituye una esfera de justicia para mostrar cómo, además de la regulación externa, es necesaria una mirada valorativa de sus relaciones internas, sin olvidar que en la familia intervienen virtudes que exceden a la justicia.

The principle of coverture in Lebanon is defined and examined through a study of the Christian personal status codes. While these do not necessarily reflect the social status of women, they remain highly discriminatory against women in the legal realm. This is seen as the result of archaic laws, the patriarchal social order, and the strong influence of Islam. No change is seen as possible without an attempt at the unification of all personal status codes and their modification or replacement (...) with a uniform civil law to provide absolute gender equality. (shrink)