"--Jeffrie Murphy, The Philosophical Review (forthcoming).

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 (...) both the Anglo-American and European traditions. Not only does it help make some of the best work avail able to an international audience, but it also encourages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, although some edited volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of internationally renowed scholars. Legal philosophy should not be considered a narrowly circumscribed field. (shrink)

Jeffrie G Murphy & Jean Hampton, Forgiveness and Mercy Cambridge and New York: Cambridge University Press, 1988, 194 pp. Kathleen Dean Moore, Pardons: Justice, Mercy, and the Public Interest New York and Oxford: Oxford University Press, 1989, 271 pp.

A new approach to sentencing Not Just Deserts inaugurates a radical shift in the research agenda of criminology. The authors attack currently fashionable retributivist theories of punishment, arguing that the criminal justice system is so integrated that sentencing policy has to be considered in the system-wide context. They offer a comprehensive theory of criminal justice which draws on a philosophical view of the good and the right, and which points the way to practical intervention in the real world of incremental (...) reform. They put the case for a criminal justice system which maximizes freedom in the old republican sense of the term, and which they call `dominion'. (shrink)

Is morality rational? In this book Gauthier argues that moral principles are principles of rational choice. He proposes a principle whereby choice is made on an agreed basis of cooperation, rather than according to what would give an individual the greatest expectation of value. He shows that such a principle not only ensures mutual benefit and fairness, thus satisfying the standards of morality, but also that each person may actually expect greater utility by adhering to morality, even though the choice (...) did not have that end primarily in view. In resolving what may appear to be a paradox, the author establishes morals on the firm foundation of reason. Gauthier's argument includes an account of value, linking it to preference and utility; a discussion of the curcumstances in which morality is unnecessary; and an application of morals by agreement to relations between peoples at different levels of development and different generations. Finally, he reflects on the assumptions about individuality and community made by his account of rationality and morality. (shrink)

This monograph constitutes a response to the criticisms of Christianity outlined in Nietzsche's GENEOLOGY OF MORALS, in which Nietzsche argues that Christianity is a "slave revolt" of the weak--an attempt by the impotent to bring down the vitality of the capable nobility. Scheler's response is multi-faceted but centers on Nietzsche's failure to understand the nature of Christian love. Christianity is not a destructive enterprise trying to bring everyone down to the same low level of its impotent faithful, who must put (...) their trust in the next world because they can get nowhere in this one. Rather, it attempts constructively to bring everyone up to a new level of human flourishing. Christianity's preoccupation with the poor, weak, and marginalized stems from a recognition, through divine love, of the miracle of God's creation and infinite possibilities present even in them. (shrink)

John Braithwaite and Philip Pettit, Not Just Deserts: A Republican Theory of Criminal Justice, Oxford Clarendon Press, 1990, vii + 229 pp.

Establishes the intellectual foundations of a new movement in American thought: communitarianism. Emerging in part as a response to the excesses of American individualism, communitarianism seeks to restore the balance between individual rights and social responsibilities.

Universities must transmit technically exploitable knowledge. That is, they must meet an industrial society's need for qualified new generations and at the same time be concerned with the expanded reproduction of education itself. In addition, universities must not only transmit technically exploitable knowledge, but also produce it. This includes both information flowing from research into the channels of industrial utilization, armament, and social welfare, and advisory knowledge that enters into strategies of administration, government, and other decision-making powers, such as private (...) enterprises. Thus, through instruction and research the university is immediately connected with functions of the economic process. (shrink)