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This paper will in good part concern six arguments taken as making up what is called the New Retributivism. It will also have to do with a seventh retributivist argument, and with the unexamined idea that reflection on punishment can lead a life of its own, independently of political philosophy. Both that idea and the arguments bear on the main question of whether punishment in our societies is right or wrong. It is a question not worn to a frazzle, as (...) |
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Ultimately this book provides a theory of intergenerational justice that is both intellectually robust and practical with wide applicability to law and policy. |
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Desire', 'preference', 'utility', '(utility-aggregating) moral desirability' are terms that build on each other in this order. The article follows this definitional structure and presents these terms and their justifications. The aim is to present welfare-ethical criteria of the common good that define 'moral desirability' as an aggregation, e.g. addition, of individual utility: utilitarianism, utility egalitarianism, leximin, prioritarianism. |
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While there exist extensive literatures on both distributive justice and senior executive pay, and a number of authors (notably the French economist Thomas Piketty) have addressed the implications of high pay for distributive justice, the existing literature fails to address what senior executives themselves think about distributive justice and whether they consider high income inequalities to be morally acceptable. We address this gap by analysing a unique dataset comprising the views of over 1000 senior executives from across the world, which (...) |
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ABSTRACT:Utilitarianism is commonly defined in very different ways, sometimes in a single text. There is wide agreement that it mandates maximizing some kind of good, but many formulations also require a pattern of distribution. The most common of these take utilitarianism to characterize right acts as those that achieve “the greatest good for the greatest number.” This paper shows important ambiguities in this formulation and contrasts it (on any plausible interpretation of it) with the kinds of utilitarian views actually defended (...) |
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a This is an outline of a coherence theory of law. Its basic ideas are: reasonable support and weighing of reasons. All the rest is commentary.a (TM) These words at the beginning of the preface of this book perfectly indicate what On Law and Reason is about. It is a theory about the nature of the law which emphasises the role of reason in the law and which refuses to limit the role of reason to the application of deductive logic. (...) |
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During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from (...) |
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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. |
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has become an honorific title used by researchers to commend their work, or the particular approach they adopt. Conversely, the work of others is often dismissed on the grounds that it is "uncritical". However, there are important questions about what the term critical means, about what we should be critical of, and about the form that criticism ought to take. These questions are addressed here in relation to both the role of the social researcher itself and that of researchers operating (...) |
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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. |
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Perhaps the most salient feature of Rawls's theory of justice which at once attracts supporters and repels critics is its apparent egalitarian conclusion as to how economic goods are to be distributed. Indeed, many of Rawls's sympathizers may find this result intuitively appealing, and regard it as Rawls's enduring contribution to the topic of economic justice, despite technical deficiencies in Rawls's contractarian, decision-theoretic argument for it which occupy the bulk of the critical literature. Rawls himself, having proposed a “coherence” theory (...) |
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It is now more than ten years since the EU FET project ALFEBIITE finished, during which its researchers made original and distinctive contributions to (inter alia) formal models of trust, model-checking, and action logics. ALFEBIITE was also a highly inter-disciplinary project, with partners from computer science, philosophy, cognitive science and law. In this paper, we reflect on the interaction between computer scientists and information and IT lawyers on the idea of the ‘open agent society’. This inspired a programme of research (...) |
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Many open networks, distributed computing systems, and infrastructure management systems face a common problem: how to distribute a collectivised set of resources amongst a set of autonomous agents of heterogenous provenance. One approach is for the agents themselves to self-organise the allocation of resources with respect to a set of agreed conventional rules; but given an allocation scheme which maps resources to those agents and a set of rules for determining that allocation scheme, some natural questions arise—Is this allocation fair? (...) |
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