The Concept of Law is one of the most influential texts in English-language jurisprudence. 50 years after its first publication its relevance has not diminished and in this third edition, Leslie Green adds an introduction that places the book in a contemporary context, highlighting key questions about Hart's arguments and outlining the main debates it has prompted in the field. The complete text of the second edition is replicated here, including Hart's Postscript, with fully updated notes to include modern references (...) and further reading. (shrink)

The Concept of Law is the most important and original work of legal philosophy written this century. First published in 1961, it is considered the masterpiece of H.L.A. Hart's enormous contribution to the study of jurisprudence and legal philosophy. Its elegant language and balanced arguments have sparked wide debate and unprecedented growth in the quantity and quality of scholarship in this area--much of it devoted to attacking or defending Hart's theories. Principal among Hart's critics is renowned lawyer and political philosopher (...) Ronald Dworkin who in the 1970s and 80s mounted a series of challenges to Hart's Concept of Law. It seemed that Hart let these challenges go unanswered until, after his death in 1992, his answer to Dworkin's criticism was discovered among his papers. In this valuable and long-awaited new edition Hart presents an Epilogue in which he answers Dworkin and some of his other most influential critics including Fuller and Finnis. Written with the same clarity and candor for which the first edition is famous, the Epilogue offers a sharper interpretation of Hart's own views, rebuffs the arguments of critics like Dworkin, and powerfully asserts that they have based their criticisms on a faulty understanding of Hart's work. Hart demonstrates that Dworkin's views are in fact strikingly similar to his own. In a final analysis, Hart's response leaves Dworkin's criticisms considerably weakened and his positions largely in question. Containing Hart's final and powerful response to Dworkin in addition to the revised text of the original Concept of Law, this thought-provoking and persuasively argued volume is essential reading for lawyers and philosophers throughout the world. (shrink)

Researchers have explored questions concerning public participation and consent in geoengineering governance. Yet, the notion of consent has received little attention from researchers, and it is rarely discussed explicitly, despite being prescribed as a normative requirement for geoengineering research and being used in rejecting some geoengineering options. As it is noted in the leading geoengineering governance principles, i.e. the Oxford Principles, there are different conceptions of consent; the idea of consent ought to be unpacked more carefully if, and when, we (...) invoke it in the discussion. This article offers a theoretical reflection on different conceptions of consent and their place in geoengineering governance. More specifically, I discuss three models of consent, i.e. explicit consent, implied consent and hypothetical consent, and assess their applicability to geoengineering governance. Although there are different models of consent, much discussion of geoengineering governance has committed only to explicit consent. I note that such a commitment springs from a specific ideal political order. Accordingly, we should be wary of any naïve commitment to it so long as the political order we hope for remains open to debate. Finally, I illustrate two approaches to introduce consent into a geoengineering governance framework. (shrink)

The environmental impacts of anthropogenic climate change, from an increase in global temperatures melting polar ice caps to the generation of extreme weather events, appear to be happening even mo...

This book originated as lectures for a course on political philosophy that Rawls taught regularly at Harvard in the 1980s.

ABSTRACTGiven the existing inequities in climate change, any proposed climate engineering strategy to solve the climate problem must meet a high threshold for justice. In contrast to an overly thin paradigm for justice that demands only a science-based assessment of potential temperature-related benefits and harms, we argue for the importance of attention to recognitional justice. Recognitional justice, we go on to claim, calls for a different type of assessment tool. Such an assessment would pay attention to neglected considerations such as (...) relationships, context, power, vulnerability, narrative, and affect. Here we develop a care-ethics related tool for assessing the justice of climate engineering with stratospheric aerosols, and suggest that qualitative social science methods may be required for its effective application. We illustrate the use of this tool with a case study involving interviews about stratospheric aerosol injection conducted in Kenya, the Solomon Islands... (shrink)

One central question of climate justice is how to fairly allocate the global emissions budget. Some commentators hold that the concept of fairness is hopelessly equivocal on this point. Others claim that we need a complete theory of distributive justice to answer the question. This paper argues to the contrary that, given only weak assumptions about fairness, we can show that fairness requires an allocation that is at least as prioritarian as the equal per capita view. Since even the equal (...) per capita view is more prioritarian than is politically feasible, fairness is univocal enough for all practical purposes. (shrink)

In this paper I trace the development of one of the central debates of late twentieth-century moral philosophy—the debate between realism and what Rawls called “constructivism.” Realism, I argue, is a reactive position that arises in response to almost every attempt to give a substantive explanation of morality. It results from the realist’s belief that such explanations inevitably reduce moral phenomena to natural phenomena. I trace this belief, and the essence of realism, to a view about the nature of concepts—that (...) it is the function of all concepts to describe reality. Constructivism may be understood as the alternative view that a normative concept refers schematically to the solution to a practical problem. A constructivist account of a concept, unlike a traditional analysis, is an attemptto work out the solution to that problem. I explain how the philosophies of Kant and Rawls can be understood on this model. (shrink)

In recent years the idea of geoengineering climate has begun to attract increasing attention. Although there was some discussion of manipulating regional climates throughout the l970s and l980s. the discussion was largely dormant. What has reawakened the conversation is the possibility that Earth may be undergoing a greenhouse-induced global wamring, and the paucity of serious measures that have been taken to Prevent it. ln this paper Iassess the ethical acceptability of ICC, based on my impressions of the conversation that is (...) now taking place. Rather than offering a dispassionate analysis, I argue for a point of view. I propose a set of conditions that must be satisfied for an ICC project to be morally permissible and conclude that these conditions are not now satisfied. However, research on ICC should go forward.. (shrink)

ABSTRACTIn recent work, Joshua Horton and David Keith argue on distributive and consequentialist grounds that research into solar radiation management geoengineering is justified because the resulting knowledge has the potential to benefit everyone, particularly the ‘global poor.’ I argue that this view overlooks procedural and recognitional justice, and thus relegates to the background questions of how SRM research should be governed. In response to Horton and Keith, I argue for a multidimensional approach to geoengineering justice, which entails that questions of (...) how to govern SRM research should be addressed from the very outset – that is, now. (shrink)

ABSTRACTThis article offers a constructive critique of the Oxford Principles for the governance of geoengineering and proposes an alternative set of principles, the Tollgate Principles, based on that critique. Our main concern is that, despite their many merits, the Oxford Principles remain largely instrumental and dominated by procedural considerations; therefore, they fail to lay the groundwork sufficiently for the more substantive ethical debate that is needed. The article aims to address this gap by making explicit many of the important ethical (...) questions lurking in the background, especially around values such as justice, respect and legitimacy. (shrink)

Very few moral philosophers have written on climate change.1 This is puzzling, for several reasons. First, many politicians and policy makers claim that climate change is not only the most serious environmental problem currently facing the world, but also one of the most important international problems per se.2 Second, many of those working in other disciplines describe climate change as fundamentally an ethical issue.3.

With the lack of progress there has been so far on climate change, some have begun researching the potential of geoengineering to allay future climatic harms. However, others contend that such research should be abandoned. One of the most‐cited reasons as to why research into geoengineering should be abandoned is the idea that such research sits at the top of slippery slope. The Slippery Slope Argument warns that even mere research into geoengineering will create institutional momentum, ultimately leading to the (...) deployment of a technology that is untested and perhaps morally objectionable. This article clearly lays out the Slippery Slope Argument against geoengineering research and analyses its premises. I claim that both the empirical premise – that research will inevitably lead to deployment – and the normative premise – that we have decisive moral reasons to avoid deployment – are questionable. The main conclusion of the article is that while we should be cognizant of the potential for research to lead to undesirable deployment scenarios, engaging in research need not necessarily lead inexorably to deployment. While insufficient to ground a moratorium on research, the Slippery Slope Argument points to the need for regulation and oversight in order to prevent undesirable deployment. (shrink)

The authors articulate a global public standard for the normative legitimacy of global governance institutions. This standard can provide the basis for principled criticism of global governance institutions and guide reform efforts in circumstances in which people disagree deeply about the demands of global justice and the role that global governance institutions should play in meeting them.

In this volume, Stephen M. Gardiner and David A. Weisbach present arguments for and against the relevance of ethics to global climate policy. Gardiner argues that climate change is fundamentally an ethical issue, since it is an early instance of a distinctive challenge to ethical action, and ethical concerns are at the heart of many of the decisions that need to be made. Consequently, climate policy that ignores ethics is at risk of.

This book is meant to help resolve a couple of uncertainties.

Political legitimacy is best understood as one type of a broader notion, which I call institutional legitimacy. An institution is legitimate in my sense when it has the right to function. The right to function correlates to a duty of non-interference. Understanding legitimacy in this way favorably contrasts with legitimacy understood in the traditional way, as the right to rule correlating to a duty of obedience. It helps unify our discourses of legitimacy across a wider range of practices, especially including (...) the many evaluations we increasingly make of international institutions of various sorts, but also including domestic institutions. (shrink)

A. John Simmons is widely regarded as one of the most innovative and creative of today's political philosophers. His work on political obligation is regarded as definitive and he is also internationally respected as an interpreter of John Locke. The characteristic features of clear argumentation and careful scholarship that have been hallmarks of his philosophy are everywhere evident in this collection. The essays focus on the problems of political obligation and state legitimacy as well as on historical theories of property (...) and justice. Cumulatively the collection presents a distinctive social and political philosophy, exploring the nature of our most fundamental rights and obligations, and displaying the power and plausibility of Lockean ideal theory. (shrink)

From the 1992 Rio Earth Summit to the 2009 Copenhagen Climate Conference there was a concerted international effort to stop climate change. This book is about what climate change is, why we failed to stop it, and why it still matters what we do.

This book is the first in-depth attempt to provide a moral assessment of the heart of the modern human rights enterprise: the system of international legal human rights.

This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, "the right of self-determination of peoples," human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, not simply peace among states, (...) a primary goal, and rejecting the view that it is permissible for a state to conduct its foreign policies exclusively according to what is in the "national interest." He also shows that the only alternatives are not rigid adherence to existing international law or lawless chaos in which the world's one superpower pursues its own interests without constraints. This book not only criticizes the existing international legal order, but also offers morally defensible and practicable principles for reforming it. Justice, Legitimacy, and Self-Determination will find a broad readership in political science, international law, and political philosophy. (shrink)

Climate change is a global problem that is predominantly an intergenerational conflict, and which takes place in a setting where our ethical impulses are weak. This "perfect moral storm" poses a profound challenge to humanity. This book explains how the "perfect storm" metaphor makes sense of our current malaise, and why a better ethics can help see our way out.

A. John Simmons is widely regarded as one of the most innovative and creative of today's political philosophers. His work on political obligation is regarded as definitive and he is also internationally respected as an interpreter of John Locke. The characteristic features of clear argumentation and careful scholarship that have been hallmarks of his philosophy are everywhere evident in this collection. The essays focus on the problems of political obligation and state legitimacy as well as on historical theories of property (...) and justice. Cumulatively the collection presents a distinctive social and political philosophy, exploring the nature of our most fundamental rights and obligations, and displaying the power and plausibility of Lockean ideal theory. (shrink)

Some types of solar radiation management (SRM) research are ethically problematic because they expose persons, animals, and ecosystems to significant risks. In our earlier work, we argued for ethical norms for SRM research based on norms for biomedical research. Biomedical researchers may not conduct research on persons without their consent, but universal consent is impractical for SRM research. We argue that instead of requiring universal consent, ethical norms for SRM research require only political legitimacy in decision-making about global SRM trials. (...) Using Allen Buchanan & Robert Keohane's model of global political legitimacy, we examine several existing global institutions as possible analogues for a politically legitimate SRM decision-making body. (shrink)