This book addresses the perennial question: What is justice?

This volume collects David Lyons' well-known essays on Mill's moral theory and includes an introduction which relates the essays to prior and subsequent philosophical developments. Like the author's Forms and Limits of Utilitarianism (Oxford, 1965), the essays apply analytical methods to issues in normative ethics. The first essay defends a refined version of the beneficiary theory of rights against H.L.A. Hart's important criticisms. The central set of essays develops new interpretations of Mill's moral theory with the aim of determining how (...) far rights can be incorporated in a utilitarian framework. They Mill's analysis of moral concepts promises to accommodate the argumentative force of rights, and also provide a significant new reading of Mill's theory of liberty. The last essay argues that the promise of Mill's theory of justice cannot be fulfilled. Utilitarianism is unable to account for crucial features of moral rights, or even for the moral force of legal rights whose existence might be justified on utilitarian grounds. (shrink)

Winner of the 1975 National Book Award, this brilliant and widely acclaimed book is a powerful philosophical challenge to the most widely held political and social positions of our age--liberal, socialist, and conservative.

Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.

In this book, T. M. Scanlon offers new answers to these questions, as they apply to the central part of morality that concerns what we owe to each other.

Introduction -- Cosmopolitanism -- Collective self-defense -- Subsistence wars -- Humanitarian intervention -- Commodified wars -- Asymmetrical wars -- Conclusion.

In recent years the distinction between agent-relative and agent-neutral reasons has been taken by many to play a key role in distinguishing deontology from consequentialism. It is central to all universalist consequentialist theories that value is determined impersonally; the real value of any state of affairs does not depend on the point of view of the agent. No reference, therefore, to the agent or to his or her position in the world need enter into a consequentialist understanding of what makes (...) an action right or wrong or morally permissible. Consequentialism thus provides an agent-neutral account of both the right and the good. (shrink)

One of the most difficult and widely discussed questions in recent moral theory is that of the status of human rights—the rights of individuals not to be violated, sacrificed, or used in certain ways, even in the service of valuable ends, either by other individuals or by governments and intermediate institutions. The reason for claiming such things as rights—apart from the natural tendency for rhetoric to escalate—is that they have some claim to be given priority over other values, a claim (...) to be taken care of first, for everyone, even if this cannot be justified by balancing their utility against other components of the general good or general welfare. There is probably no harm in attaching the term “right” to the minima that ought thus to be guaranteed to everyone—provided it does not produce confusion with negative rights, which are likewise equally to be accorded to everyone, and provided it does not beg any questions about the relative priorities between positive and negative rights, should they conflict. (shrink)

Challenging, with several powerful arguments, some of our deepest beliefs about rationality, morality, and personal identity, Parfit claims that we have a false view about our own nature. It is often rational to act against our own best interersts, he argues, and most of us have moral views that are self-defeating. We often act wrongly, although we know there will be no one with serious grounds for complaint, and when we consider future generations it is very hard to avoid conclusions (...) that most of us will find very disturbing. (shrink)

This book follows hard upon Korsgaard's The Sources of Normativity. Both present the author's influential version of a Kantian theory of normative ethics and metaethics. Whereas The Sources of Normativity was a systematic investigation of "normativity" written as a single unit, the present volume is a collection of previously published papers, some of them already well known and much discussed, dating between 1983 and 1993. By the nature of the case, one might expect less thematic unity in this book than (...) in the other one, but the present book is a deeper and more wide ranging presentation of the author's views. Korsgaard's historical focus in The Sources of Normativity is less on Kant and more on the British moralists. Creating the Kingdom of Ends deals quite explicitly with the interpretation of Kant's moral philosophy. The papers in this book contain, in my judgment, the heart of Korsgaard's work: a variety of fresh and illuminating insights into Kant's moral theory and its relation to contemporary ethical theory which have helped to reshape the image of Kant's ethics and to refocus the issues dealt with in current moral philosophy. Or to make claims less grand but of more immediate relevance to this review, there is no question that some of the papers in this book have helped to reshape both the present writer's image of Kant's ethics and his conception of the way questions of ethical theory should be addressed. I hope below to say something both about where I think Korsgaard has gotten these matters right, and where I find her position either unclear or dubious. (shrink)

It is now generally understood that constraints play an important role in commonsense moral thinking and generally accepted that they cannot be accommodated by ordinary, traditional consequentialism. Some have seen this as the most conclusive evidence that consequentialism is hopelessly wrong,1 while others have seen it as the most conclusive evidence that moral common sense is hopelessly paradoxical.2 Fortunately, or so it is widely thought, in the last twenty-five years a new research program, that of Agent-Relative Teleology, has come to (...) the rescue on all sides. While consequentialism says that every agent ought always to do that action that will bring about the most good, according to Agent- Relative Teleology. (shrink)

In this paper, I offer two arguments in support of the proposition that there are sometimes agent-relative prerogatives to impose harm on nonliable persons. The first argument begins with a famous case where most people intuitively agree it is permissible to perform an act that results in an innocent person’s death, and where there is no liability-based or consequentialist justification for acting. I show that this case is relevantly analogous to a case involving the intentional imposition of lethal defensive harm (...) on a nonliable person. In the final part of the paper, I provide a second, independent, argument in support of the proposition that there are agent-relative permissions to foreseeably harm or kill nonliable people under certain conditions. (shrink)

Just as there are rational requirements on thought, there are rational requirements on action. This book defends a conception of ethics, and a related conception of human nature, according to which altruism is included among the basic rational requirements on desire and action. Altruism itself depends on the recognition of the reality of other persons, and on the equivalent capacity to regard oneself as merely one individual among many.

This work is a controversial collection of interrelated papers investigating and arguing about issues of concern to lawyers and politicians today. MacCormick combines a scholarly concern with leading thinkers such as John Locke, Lord Stair, Adam Smith and David Hume, John Rawls, Ronald Dworkin, and Patrick Atiyah, and stringently argued view of questions of political obligation, civil liberty, and legal rights.

This volume collects David Lyons' well-known essays on Mill's moral theory and includes an introduction which relates the essays to prior and subsequent philosophical developments. Like the author's Forms and Limits of Utilitarianism (Oxford, 1965), the essays apply analytical methods to issues in normative ethics. The first essay defends a refined version of the beneficiary theory of rights against H.L.A. Hart's important criticisms. The central set of essays develops new interpretations of Mill's moral theory with the aim of determining how (...) far rights can be incorporated in a utilitarian framework. They Mill's analysis of moral concepts promises to accommodate the argumentative force of rights, and also provide a significant new reading of Mill's theory of liberty. The last essay argues that the promise of Mill's theory of justice cannot be fulfilled. Utilitarianism is unable to account for crucial features of moral rights, or even for the moral force of legal rights whose existence might be justified on utilitarian grounds. (shrink)

The author contests the claim made independently by F.M. Kamm and Thomas Hurka that combatants ought to assign greater weight to collateral harm done to their compatriot noncombatants then they assign to collateral harm done to enemy non-combatants. Two arguments by analogy offered in support of such partiality, one of which appeals to permissible self/other asymmetry in cases of harming the few to save the many, and the second of which appeals to parents' justifiable partiality to their children, are found (...) wanting. The author also rebuts Kamm's argument that combatants should assign greater weight to collateral harm done to neutrals than to compatriot non-combatants. However, he contends that in some cases a neutral state's right to sovereignty may entail that a combatant ought to choose the act that will collaterally kill a greater number of compatriot non-combatants over one that involves collaterally killing a lesser number of neutrals. (shrink)

Why does it matter that those who fight wars be authorized by the communities on whose behalf they claim to fight? I argue that lacking authorization generates a moral cost, which counts against a war's proportionality, and that having authorization allows the transfer of reasons from the members of the community to those who fight, which makes the war more likely to be proportionate. If democratic states are better able than non-democratic states and sub-state groups to gain their community's authorization, (...) this means that some wars will be proportionate if fought by democracies, disproportionate if not. (shrink)

The book’s argument divides into three parts. In the first, Wellman sets out an account of legal rights, and then uses it to work out an account of nonlegal institutional rights and noninstitutional moral rights. The second focuses on the question of whether various alleged right-holders are possible right-holders. The third then turns to conflicts of both rights and duties, and argues, on the basis of the conclusions of the first two parts, that although some conflicts between rights are real, (...) many supposed conflicts can be dissolved once we recognize that one of the rights is unreal or is limited in some way. Because most of the controversial argumentative work is done in the first two sections, I will focus on them. (shrink)

In this paper I argue that the widespread view that obstructors are a special sort of bystander is mistaken. Obstructors make Victim worse off by their presence, and thus are more properly described as innocent threats. Only those characters who do not make Victim worse off by their presence can be classified as bystanders.

Christine Korsgaard has become one of the leading interpreters of Kant's moral philosophy. She is identified with a small group of philosophers who are intent on producing a version of Kant's moral philosophy that is at once sensitive to its historical roots while revealing its particular relevance to contemporary problems. She rejects the traditional picture of Kant's ethics as a cold vision of the moral life which emphasises duty at the expense of love and value. Rather, Kant's work is seen (...) as providing a resource for addressing not only the metaphysics of morals, but also for tackling practical questions about personal relations, politics, and everyday human interaction. This collection contains some of the finest current work on Kant's ethics and will command the attention of all those involved in teaching and studying moral theory. (shrink)

These essays in political philosophy by T. M. Scanlon, written between 1969 and 1999, examine the standards by which social and political institutions should be justified and appraised. Scanlon explains how the powers of just institutions are limited by rights such as freedom of expression, and considers why these limits should be respected even when it seems that better results could be achieved by violating them. Other topics which are explored include voluntariness and consent, freedom of expression, tolerance, punishment, and (...) human rights. The collection includes the classic essays 'Preference and Urgency', 'A Theory of Freedom of Expression', and 'Contractualism and Utilitarianism', as well as a number of other essays that have hitherto not been easily accessible. It will be essential reading for all those studying these topics from the perspective of political philosophy, politics, and law. (shrink)

In his introduction to these closely linked essays Professor Hart offers both an exposition and a critical assessment of some central issues in jurisprudence and political theory. Some of the essays touch on themes to which little attention has been paid, such as Bentham's identification of the forms of mysitification protecting the law from criticism; his relation to Beccaria; and his conversion to democratic radicalism and a passionate admiration for the United States.

this paper advances a novel account of part of what justifies killing in war, grounded in the duties we owe to our loved ones to protect them from the severe harms with which war threatens them. It discusses the foundations of associative duties, then identifies the sorts of relationships, and the specific duties that they ground, which can be relevant to the ethics of war. It explains how those associa- tive duties can justify killing in theory—in particular how they can (...) justify overrid- ing the rights to life of some of those who must be killed to win a war. It then shows how these duties can be operationalised in practice: first, showing how soldiers who fight on behalf of their community can act on reasons that apply to the members of that community; second, showing that the argument from associative duties does not prove too much—in particular, that it does not license the intentional killing of noncombatants in war. (shrink)

I argue that the lives of domestic and enemy civilians should not receive equal weight in our proportionality calculations. Rather, the lives of enemy civilians ought to be “partially discounted” relative to the lives of domestic civilians. We ought to partially discount the lives of enemy civilians for the following reason (or so I argue). When our military wages a just war, we as civilians vest our right to self-defense in our military. This permits our military to weigh our lives (...) more heavily. Before arguing for this view I first explain why recent accounts attempting to show the opposite – that enemy civilians ought to be weighed more heavily – are mistaken. (shrink)