This book explores the relevance of virtue theory to law from a variety of perspectives. The concept of virtue is central in both contemporary ethics and epistemology. In contrast, in law, there has not been a comparable trend toward explaining normativity on the model of virtue theory. In the last few years, however, there has been an increasing interest in virtue theory among legal scholars. 'Virtue jurisprudence' has emerged as a serious candidate for a theory of law and adjudication. Advocates (...) of virtue jurisprudence put primary emphasis on aretaic concepts rather than on duties or consequences. Aretaic concepts are, on this view, crucial for explaining law and adjudication. This book is a collection of essays examining the role of virtue in general jurisprudence as well as in specific areas of the law. Part I puts together a number of papers discussing various philosophical aspects of an approach to law and adjudication based on the virtues. Part II discusses the relationship between law, virtue and character development, with some of the essays selected analysing this relationship by combining both eastern perspectives on virtue and character with western approaches. Parts III and IV examine problems of substantive areas of law, more specifically, criminal law and evidence law, from within a virtue-based framework. Last, Part V discusses the relevance of empathy to our understanding of justice and legal morality. (shrink)

I describe two concepts of epistemic injustice. The first of these concepts is explained through a critique of Alvin Goldman's veritistic social epistemology. The second is closely based on Miranda Fricker's concept of epistemic injustice. I argue that there is a tension between these two forms of epistemic injustice and tentatively suggest some ways of resolving the tension.

Mary Wollstonecraft’s visionary treatise, originally published in 1792, was the first book to present women’s rights as an issue of universal human rights. Ideal for coursework and classroom study, this comprehensive edition of Wollstonecraft’s heartfelt feminist argument includes illuminating essays by leading scholars that highlight the author’s significant contributions to modern political philosophy, making a powerful case for her as one of the most substantive political thinkers of the Enlightenment era. No other scholarly work to date has examined as closely (...) both the ideological moorings and the enduring legacy of Wollstonecraft’s groundbreaking and courageous discourse. (shrink)

Knowledge and its Limits presents a systematic new conception of knowledge as a kind of mental stage sensitive to the knower's environment. It makes a major contribution to the debate between externalist and internalist philosophies of mind, and breaks radically with the epistemological tradition of analyzing knowledge in terms of true belief. The theory casts new light on such philosophical problems as scepticism, evidence, probability and assertion, realism and anti-realism, and the limits of what can be known. The arguments are (...) illustrated by rigorous models based on epistemic logic and probability theory. The result is a new way of doing epistemology and a notable contribution to the philosophy of mind. (shrink)

I describe two concepts of epistemic injustice. The first of these concepts is explained through a critique of Alvin Goldman's veritistic social epistemology. The second is closely based on Miranda Fricker's concept of epistemic injustice. I argue that there is a tension between these two forms of epistemic injustice and tentatively suggest some ways of resolving the tension.

One of the most distinguished living social philosophers, Margaret Gilbert develops and extends her application of plural subject theory of human sociality, first introduced in her earlier works On Social Facts and Living Together. Sociality and Responsibility presents an extended discussion of her proposal that joint commitments inherently involve obligations and rights, proposing, in effect, a new theory of obligations and rights. In addition, it demonstrates the extensive range and fruitfulness of plural subject theory by presenting accounts of social rules, (...) scientific change, political obligation, collective remorse, collective guilt, shared intention and an important class of rights and obligations. (shrink)

This book offers original accounts of a number of central social phenomena, many of which have received little if any prior philosophical attention. These phenomena include social groups, group languages, acting together, collective belief, mutual recognition, and social convention. In the course of developing her analyses Gilbert discusses the work of Emile Durkheim, Georg Simmel, Max Weber, David Lewis, among others.

The current literature on the value of knowledge is marred by two unwarranted presumptions, which together distort the debate and conceal what is perhaps the most basic value of knowledge, as distinct from mere true belief. These presumptions are the Synchronic Presumption, which confines philosophical attention to the present snapshot in time; and the Analytical Presumption, which has people look for the value of knowledge in some kind of warrant. Together these presumptions conceal that the value of knowledge might inhere (...) not in a necessary condition, but simply in a property that most knowledge possesses; and, in particular, that it might inhere, as I argue it does, in a certain property of 'resilience': the tendency to survive misleading counter-evidence over time owing to the subject's being in a position to weight it against evidence already possessed. (shrink)

Fricker shows that virtue epistemology provides a general epistemological idiom in which these issues can be forcefully discussed.

Does one have special obligations to support the political institutions of one’s own country precisely because it is one’s own? In short, does one have political obligations? This book argues for an affirmative answer, construing one’s country as a political society of which one is a member, and a political society as a special type of social group. The obligations in question are not moral requirements derived from general moral principles. They come, rather, from one’s participation in a special kind (...) of commitment: a joint commitment. This theory is referred to as the plural subject theory of political obligation since, by the author’s definition, those who are party to any joint commitment constitute a plural subject of some action in a broad sense of the term. Several alternative theories are compared and contrasted with plural subject theory, with a particular focus on the most famous — actual contract theory — according to which membership in a political society is a matter of participation in an agreement. The book offers plural subject accounts of both social rules and everyday agreements, and includes discussion of political authority and punishment. (shrink)

Are companies, churches, and states genuine agents? Or are they just collections of individuals that give a misleading impression of unity? This question is important, since the answer dictates how we should explain the behaviour of these entities and whether we should treat them as responsible and accountable on the model of individual agents. Group Agency offers a new approach to that question and is relevant, therefore, to a range of fields from philosophy to law, politics, and the social sciences. (...) Christian List and Philip Pettit argue that there really are group or corporate agents, over and above the individual agents who compose them, and that a proper approach to the social sciences, law, morality, and politics must take account of this fact. Unlike some earlier defences of group agency, their account is entirely unmysterious in character and, despite not being technically difficult, is grounded in cutting-edge work in social choice theory, economics, and philosophy. (shrink)

This is the first full-length presentation of a republican alternative to the liberal and communitarian theories that have dominated political philosophy in recent years. The latest addition to the acclaimed Oxford Political Theory series, Pettit's eloquent and compelling account opens with an examination of the traditional republican conception of freedom as non-domination, contrasting this with established negative and positive views of liberty. The first part of the book traces the rise and decline of this conception, displays its many attractions, and (...) makes a case for why it should still be regarded as a central political ideal. The second part of the book looks at what the implementation of the ideal would imply for substantive policy-making, constitutional and democratic design, regulatory control and the relation between state and civil society. Prominent in this account is a novel concept of democracy, under which government is exposed to systematic contestation, and a vision of relations between state and society founded upon civility and trust. Pettit's powerful and insightful new work offers not only a unified, theoretical overview of the many strands of republican ideas, but also a new and sophisticated perspective on studies in related fields including the history of ideas, jurisprudence, and criminology. (shrink)