This new edition includes a substantial postscript by the author, in which he responds to thirty years of discussion, criticism and further work in the field to ...

Natural Law and Natural Rights is widely recognised as a seminal contribution to the philosophy of law, and an essential reference point for all students of the subject. This new edition includes a substantial postscript by the author responding to thirty years of comment, criticism, and further work in the field.

Part of the Studies in Crime and Public Policy series, this book, written by one of the top philosophers of punishment, examines the main trends in penal theorizing over the past three decades. Duff asks what can justify criminal punishment, and then explores the legitimacy of actual practices by examining what would count as adequate justification for them. Duff argues that a "communicative conception of punishment," which he presents as a third way between consequentialist and retributive theories, offers the most (...) fruitful way of understanding punishment's meaning and justification. Duff addresses such questions as how much sentences should be constrained by proportionality requirements; what modalities of punishment best communicate their intended meaning; and what decisionmaking procedures he envisions. This book will appeal to criminologists, philosophers, and others interested in theories of punishment. (shrink)

The punishment of criminals is a topic of long-standing philosophical interest since the ancient Greeks. This interest has focused on several considerations, including the justification of punishment, who should be permitted to punish, and how we might best set punishments for crimes. This entry focuses on the most important contributions in this field. The focus will be on specific theoretical approaches to punishment including both traditional theories of punishment (retributivism, deterrence, rehabilitation) and more contemporary alternatives (expressivism, restorative justice, hybrid theories, (...) unified theories) with an additional section on capital punishment, perhaps the particular form of punishment that has received the most sustained philosophical attention. These theories of punishment address two important questions: first, who should be permitted to punish and, secondly, who should be permitted to be punished. These questions then concern the justification of punishment and its distribution. While the majority today often identifies their theories as retributivist, there is a great diversity of theories defended. This entry will highlight the leading work for each view. (shrink)

The Metaphysics of Morals is Kant's major work in applied moral philosophy in which he deals with the basic principles of rights and of virtues. It comprises two parts: the 'Doctrine of Right', which deals with the rights which people have or can acquire, and the 'Doctrine of Virtue', which deals with the virtues they ought to acquire. Mary Gregor's translation, revised for publication in the Cambridge Texts in the History of Philosophy series, is the only complete translation of the (...) whole text, and includes extensive annotation on Kant's difficult and sometimes unfamiliar vocabulary. A new introduction by Roger Sullivan sets the work in its historical and philosophical context. This volume will be of wide interest to students of ethics and of legal and political philosophy. (shrink)

This book offers a reassessment of the political philosophy of the British Idealists, a group of once influential and now neglected nineteenth-century Hegelian philosophers, whose work has been much misunderstood. Peter Nicholson focuses on F. H. Bradley's idea of morality and moral philosophy; T. H. Green's theory of the Common Good, of the social nature of rights, of freedom, and of state interference; and Bernard Bosanquet's notorious theory of the General Will. By examining the arguments offered by the Idealists and (...) by their critics the author is able to penetrate the deep layers of hostile comment laid down by several generations of later writers and to show that these ideas, once properly understood, are not only defensible but interesting and important. (shrink)

The British idealists made significant and lasting contributions to the social and political thought of the nineteenth century. They contributed to the evolution debate in insisting that the social organism could not be understood in naturalistic terms, but instead had to be conceived as an evolving spiritual unity. In this respect the British idealists developed a distinctive view of the state constitutive of the individual and they are commonly acknowledged as the forerunners of modern communitarian theory. Furthermore the idealists contributed (...) to the major debates of their day, including evolution, democracy, the role of the state, education and international relations. In his introduction, David Boucher develops the themes illustrated in the writings of the British idealists. This volume also contains biographies of the British idealists which incorporate their principal works. (shrink)

Through clear explanation of its characteristic concepts and doctrines, and paying close attention to the published works of its philosophers, the volume ...

In Chapter 4 of his essay Utilitarianism, “Of what sort of Proof the Principle of Utility is susceptible,” J. S. Mill undertakes to prove, in some sense of that term, the principle of utility. It has very commonly been argued that in the course of this “proof” Mill commits two very obvious fallacies. The first is the naturalistic fallacy which he is held to commit when he argues that since “the only proof capable of being given that an object is (...) visible, is that people actually see it. The only proof that a sound is audible is that people hear it: and so of the other sources of our experience. In like manner … the sole evidence it is possible to produce that anything is desirable, is that people do actually desire it.”1 Here Mill appears to hold that “X is desirable ”—a value judgment—follows deductively from “People desire x”—a factual statement. And the second is the fallacy of composition which seems to be involved in Mill'zs argument that since “each person's happiness is a good to that person … the general happiness, therefore, a good to the aggregate of all persons.”2. (shrink)

This book offers a reassessment of the political philosophy of the British Idealists, a group of once influential and now neglected nineteenth-century Hegelian philosophers, whose work has been much misunderstood. Peter Nicholson focuses on F. H. Bradley's idea of morality and moral philosophy; T. H. Green's theory of the Common Good, of the social nature of rights, of freedom, and of state interference; and Bernard Bosanquet's notorious theory of the General Will. By examining the arguments offered by the Idealists and (...) by their critics the author is able to penetrate the deep layers of hostile comment laid down by several generations of later writers and to show that these ideas, once properly understood, are not only defensible but interesting and important. (shrink)

W. J. Mander presents the first ever synoptic history of British Idealism, the school of thought which dominated English-language philosophy from the 1860s to the early 20th century. He restores to its proper place this neglected period of philosophy, introducing the exponents of Idealism and explaining its distinctive concepts and doctrines.

Punishment is a topic of increasing importance for citizens and policy makers. Why should we punish criminals? Which theory of punishment is most compelling? Is the death penalty ever justified? These questions and many others are addressed in this highly engaging guide. Punishment is a critical introduction to the philosophy of punishment offering a new and refreshing approach that will benefit readers of all backgrounds and interests. This is the first critical guide to examine all leading contemporary theories of punishment, (...) including the communicative theory of punishment, restorative justice, and the unified theory of punishment. There are also several case studies examined in detail including capital punishment, juvenile offending, and domestic abuse. -/- Punishment highlights the problems and prospects of different approaches in order to argue for a more pluralistic and compelling perspective that is novel and groundbreaking. -/- Introduction; Retributivism; Deterrence; Rehabilitation; Restorative Justice; Rawls, Hart, and "mixed" theories; Expressivism; The Unified Theory; Capital Punishment; Juvenile Offending; Domestic Abuse; Sexual Crimes; Conclusion; Index. (shrink)

Perhaps one of the most underappreciated philosophical movements is British Idealism. This movement arose during the latter half of the nineteenth century and began to wane after the outbreak of the First World War. British Idealism has produced a number of important figures, such as Bernard Bosanquet, R. G. Collingwood, F. H. Bradley and T. H. Green, as well as other important, but less well known, figures, such as J. S. Mackenzie, John Henry Muirhead and James Seth. It has also (...) given us a number of lasting philosophical ideas. (shrink)

In this article, I argue that - despite the absence of any clear influence of one theory on the other - the legal theories of Dworkin and Hegel share several similar and, at times, unique positions that join them together within a distinctive school of legal theory, sharing a middle position between natural law and legal positivism. In addition, each theory can help the other in addressing certain internal difficulties. By recognizing both Hegel and Dworkin as proponents of a position (...) lying in between natural law and legal positivist jurisprudence, we can gain clarity in why their general legal theories seem to fit uncomfortably, if indeed they can be said to fit at all, within so many different camps - while fitting comfortably in no particular camp - as well as highlight what has been overlooked. (shrink)