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Switch to: References
Citations of:
On Guilt and Innocence: Essays in Legal Philosophy and Moral Psychology
Noûs 14 (1):134-135 (1980)
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Of the many forgiveness-related questions that she takes up in her novels, the one with which Iris Murdoch wrestles most often is the question, “Is forgiveness possible without God?” The aim of this essay is to show, in the first instance, why the question Murdoch persistently raises is a question worth asking. Alongside this primary aim stands a secondary one, which is to consider how one might glean moral insights from the Christian tradition even if one does not (any longer) (...) |
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If conduct must be wrongful in order to be justifiably criminalised, how should its wrongfulness be established? I examine a conception of wrongfulness put forward by A. P. Simester, which makes wrongfulness turn on whether the reasons favouring the performance of an action are, all things considered, defeated by the reasons against its performance. I argue that such a view can only generate appropriate substantive constraints in the context of criminalisation if it can distinguish between the sorts of reasons that (...) |
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‘It is necessary to a Prince to learn how not to be good’. This quotation from Machiavelli’s The Prince has become the mantra of the standard dirty hands thesis. Despite its infamy, it features proudly in most conventional expositions of the dirty hands problem, including Michael Walzer’s original analysis. In this paper, I wish to cast a doubt as to whether the standard conception of the problem of DH—the recognition that, in certain inescapable and tragic circumstances an innocent course of (...) |
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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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What have modern Buddhist ethicists to say about abortion and is there anything to be learned from it? A number of writers have suggested that Buddhism (particularly Japanese Buddhism) does indeed have something important to offer here: a response to the dilemma of abortion that is a 'middle way' between the pro-choice and pro-life extremes that have polarised the western debate. I discuss what this suggestion might amount to and present a defence of its plausibility. |
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The dominant view in the philosophical literature contends that internalized oppression, especially that experienced in virtue of one's womanhood, reduces one's sense of agency. Here, I extend these arguments and suggest a more nuanced account. In particular, I argue that internalized oppression can cause a person to conceive of herself as a deviant agent as well as a reduced one. This self-conception is also damaging to one's moral identity and creates challenges that are not captured by merely analyzing a reduced (...) |
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The concept of moral innocence is frequently referenced in popular culture, ordinary language, literature, religious doctrine, and psychology. The morally innocent are often thought to be morally pure, incapable of wrongdoing, ignorant of morality, resistant to sin, or even saintly. In spite of, or perhaps because of this frequency of use the characterization of moral innocence continues to have varying connotations. As a result, the concept is often used without sufficient heed given to some of its most salient attributes, especially (...) |
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If conduct must be wrongful in order to be justifiably criminalised, how should its wrongfulness be established? I examine a conception of wrongfulness put forward by A. P. Simester, which makes wrongfulness turn on whether the reasons favouring the performance of an action are, all things considered, defeated by the reasons against its performance. I argue that such a view can only generate appropriate substantive constraints in the context of criminalisation if it can distinguish between the sorts of reasons that (...) |
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