First Published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.

There are great goods desired by all of us, and the lack of them makes for bad lives. One sample of bad African lives involves a loss of 20 million years of living time. The questions raised by these and other facts are to be answered by the Principle of Humanity, about bad lives and rationality. It is superior to morality of relationship and all else, and in a way is undeniable. The principle together with other things issues in six (...) propositions. One gives us a moral responsibility, our politicians at our head, for the terrorism of September 11. To be ordinary is not to be innocent. Another proposition is that the Palestinians have a moral right to their terrorism. The latter proposition can be given still more support than in the book from which this paper derives. (shrink)

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)

This book offers a critical feminist perspective on the widely debated topic of transitional justice and forgiveness. Louise Du Toit examines the phenomenon of rape with a feminist philosophical discourse concerning women’s or ‘feminine’ subjectivity and selfhood. She demonstrates how the hierarchical dichotomy of male active versus female passive sexuality – which obscures the true nature of rape – is embedded in the dominant western symbolic frame. Through a Hegelian and phenomenological reading of first-person accounts by rape victims, she excavates (...) an understanding of rape that also starts to open up a way out of the denial and destruction of female sexual subjectivity. (shrink)

Wretchedness and terrorism, and differences we make between them -- A theory of justice, an anarchism, and the obligation to obey the law -- The principle of humanity -- Our omissions and their terrorism -- On democratic terrorism -- Doctrines, commitments, and four conclusions about terrorism for humanity.

abstract Much of the literature on torture in recent years takes the position of denouncing the barbarity of torture, while allowing for exceptions to this veto in extreme circumstances. The ticking‐bomb argument, where a terrorist is tortured in order to extract information of a primed bomb located in a civilian area, is often invoked as one of those extreme circumstances where torture becomes justified. As the War on Terrorism intensifies, the ticking‐bomb argument has become the dominant line of reasoning used (...) by both academics and policy advisers to justify a legalized, state‐sponsored program of torture. This paper argues for the unconditional refutation of any attempt to justify torture, without exceptions. We argue against the consequentialist reasoning of the ticking‐bomb argument not from a deontological position, but on consequentialist grounds. Empirical evidence suggests that the institutionalization of torture practices creates serious problems. Torture interrogation fails to fulfil its initial purpose as a low‐cost life saver, while its long‐term potential is the devastation of democratic institutions. (shrink)

ABSTRACT Violence is a central idea for political theory but there is very little agreement about how it should be understood. This paper examines some fashionable approaches to the concept and argues against ‘wide’ definitions, particularly those of the ‘structuralist’ variety of which that offered by the sociologist, Johan Galtung, is taken as typical. A critique is also given of ‘legitimist’ definitions which incorporate some strong notion of illegitimacy into the very meaning of violence. Structuralist definitions are much favoured by (...) the political left whereas legitimist accounts are more common on the right but these connections, though psychologically understandable, are not logically tight. Both structuralist and legitimist analyses are criticised on conceptual and practical grounds and a defence of a more restricted definition is presented. The paper concludes with some remarks about the point of having a concept of violence of the type delineated. (shrink)

This paper lays the groundwork for developing a thorough-going phenomenological description of different phenomena of violence such as physical, psychic and structural violence. The overall aim is to provide subject-centered approaches to violence within the social sciences and the humanities with an integrative theoretical framework. To do so, I will draw primarily on the phenomenological accounts of Maurice Merleau-Ponty and Alfred Schutz, and thereby present guiding clues for a phenomenologically grounded theory of violence.

This timely and passionate book is the first to address itself to Harvard Law Professor Alan Dershowitz’s controversial arguments for the limited use of interrogational torture and its legalisation. Argues that the respectability Dershowitz's arguments confer on the view that torture is a legitimate weapon in the war on terror needs urgently to be countered Takes on the advocates of torture on their own utilitarian grounds Timely and passionately written, in an accessible, jargon-free style Forms part of the provocative and (...) timely _Blackwell Public Philosophy_ series. (shrink)

Rape, traditionally a spoil of war, became a weapon of war in the ethnic cleansing campaign in Bosnia. The ICTY Kunarac court responded by transforming wartime rape from an ignored crime into a crime against humanity. In its judgment, the court argued that the rapists violated the Muslim women’s right to sexual self-determination. Announcing this right to sexual integrity, the court transformed women’s vulnerability from an invitation to abuse into a mark of human dignity. This close reading of the trial, (...) guided by the phenomenological themes of the lived body and ambiguity, feminist critiques of the autonomous subject and the liberal sexual/social contract, critical legal theory assessments of human rights law and institutions, and psychoanalytic analyses of the politics of desire, argues that the court, by validating women’s epistemic authority (their right to establish the meaning of their experience of rape) and affirming the dignity of the vulnerable body (thereby dethroning the autonomous body as the embodiment of dignity), shows us that human rights instruments can be used to combat the epidemic of wartime rape if they are read as de-legitimating the authority of the masculine autonomous subject and the gender codes it anchors. (shrink)

This paper describes a class of social acts called “violent acts” and distinguishes them from damaging acts. The former are successfully performed if they are apprehended by the victim, while the latter, being not social, are successful only as long as the intended damage is realized. It is argued that violent acts, if successful, generate a social relation which include the aggressor, the victim and, if the concomitant damaging act is satisfied, the damage itself.

Marxism and Moral Advocacy Socialist thought in the late twentieth century is assailed by inner uncertainty as never before. In view of earlier attitudes ...