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  1. Necessity in Self-Defense and War.Seth Lazar - 2012 - Philosophy and Public Affairs 40 (1):3-44.
    It is generally agreed that using lethal or otherwise serious force in self-defense is justified only when three conditions are satisfied: first, there are some grounds for the defender to give priority to his own interests over those of the attacker (whether because the attacker has lost the protection of his right to life, for example, or because of the defender’s prerogative to prefer himself to others); second, the harm used is proportionate to the threat thereby averted; third, the harm (...)
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  • The Rights Forfeiture Theory of Punishment.Christopher Heath Wellman - 2012 - Ethics 122 (2):371-393.
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  • Punishment and Responsibility: Essays in the Philosophy of Law.H. L. A. Hart - 1968 - Oxford University Press.
    This classic collection of essays, first published in 1968, represents H.L.A. Hart's landmark contribution to the philosophy of criminal responsibility and punishment. Unavailable for ten years, this new edition reproduces the original text, adding a new critical introduction by John Gardner, a leading contemporary criminal law theorist.
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  • Justice, legitimacy, and self-determination: moral foundations for international law.Allen E. Buchanan - 2003 - New York: Oxford University Press.
    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, (...)
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  • The ethics of war.Anthony Joseph Coates - 1997 - New York: Distributed exclusively in the USA by St. Martin's Press.
    Drawing on examples from the history of warfare from the crusades to the present day, "The ethics of war" explores the limits and possibilities of the moral regulation of war. While resisting the commonly held view that 'war is hell', A.J. Coates focuses on the tensions which exist between war and morality. The argument is conducted from a just war standpoint, though the moral ambiguity and mixed record of that tradition is acknowledge and the dangers which an exaggerated view of (...)
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  • (1 other version)A defense of abortion.Judith Jarvis Thomson - 1971 - Philosophy and Public Affairs 1 (1):47-66.
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  • (1 other version)Locke and the right to punish.A. John Simmons - 1991 - Philosophy and Public Affairs 20 (4):311-349.
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  • Voluntary euthanasia and the inalienable right to life.Joel Feinberg - 1978 - Philosophy and Public Affairs 7 (2):93-123.
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  • (2 other versions)The morality of freedom.J. Raz - 1986 - Revue Philosophique de la France Et de l'Etranger 178 (1):108-109.
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  • (2 other versions)A Theory of Justice.John Rawls - unknown
    Since it appeared in 1971, John Rawls's A Theory of Justice has become a classic. The author has now revised the original edition to clear up a number of difficulties he and others have found in the original book. Rawls aims to express an essential part of the common core of the democratic tradition--justice as fairness--and to provide an alternative to utilitarianism, which had dominated the Anglo-Saxon tradition of political thought since the nineteenth century. Rawls substitutes the ideal of the (...)
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  • Basic Rights: Subsistence, Affluence, and U.S. Foreign Policy.Henry Shue - 1980 - Princeton University Press.
    I. Three Basic rights. This book is about the moral minimum--about the lower limits on tolerable human conduct, individual and institutional.
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  • An Eye for an Eye: The Immorality of Punishing by Death.Stephen Nathanson - 2001 - Rowman & Littlefield Publishers.
    In the second edition of An Eye for an Eye? Stephen Nathanson evaluates arguments for and against the death penalty, and ultimately defends an abolitionist position to the controversial practice, including arguments that show how and why the death penalty is inconsistent with respect for life and a commitment to justice. A timely new postscript and an updated bibliography accompany the volume.
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  • Punishment, Communication, and Community.R. A. Duff - 2001 - Oup Usa.
    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 (...)
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  • Self-Defense and Rights.Judith Jarvis Thomson - unknown
    This is the text of The Lindley Lecture for 1976, given by Judith Jarvis Thomson, an American philosopher.
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  • Self-defense.Judith Jarvis Thomson - 1991 - Philosophy and Public Affairs 20 (4):283-310.
    But what if in order to save 0nc’s life one has to ki]1 another person? In some cases that is obviously permissible. In a case I will call Villainous Aggrcssor, you are standing in :1 meadow, innocently minding your own business, and 21 truck suddenly heads toward you. You try to sidestep the truck, but it tums as you tum. Now you can sec the driver: he is a mam you know has long hated you. What to do? You cannot (...)
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  • (1 other version)The right to threaten and the right to punish.Warren Quinn - 1985 - Philosophy and Public Affairs 14 (4):327-373.
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  • The structure of rights forfeiture in the context of culpable wrongdoing.Stephen Kershnar - 2002 - Philosophia 29 (1-4):57-88.
    A person deserves a punishment if and only if he did a culpable wrongdoing and in virtue of this it is other-things-being intrinsically good that he receive punishment and if he were to receive that punishment then it would be through a non-deviant causal chain that includes the culpable wrongdoing. The wrongdoing may be institutional or pre-institutional depending on whether the moral right that the wrongdoer trespasses upon is dependent on a political institution’s goal. Desert in general, and punitive desert (...)
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  • (1 other version)The moral education theory of punishment.Jean Hampton - 1984 - Philosophy and Public Affairs 13 (3):208-238.
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  • The Problem of Punishment.David Boonin - 2008 - Cambridge University Press.
    In this book, David Boonin examines the problem of punishment, and particularly the problem of explaining why it is morally permissible for the state to treat those who break the law in ways that would be wrong to treat those who do not? Boonin argues that there is no satisfactory solution to this problem and that the practice of legal punishment should therefore be abolished. Providing a detailed account of the nature of punishment and the problems that it generates, he (...)
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  • Punishment and Responsibility.H. L. A. Hart - 1968 - Philosophy 45 (172):162-162.
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  • (2 other versions)On Liberty.John Stuart Mill - 1956 - Broadview Press.
    In this work, Mill reflects on the struggle between liberty and authority and defends the view that “the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others.” He questions the justification for the limits of freedom of conscience and religion, freedom of speech, freedom of action, and the nature of liberalism itself. This new Broadview Edition demonstrates the ways in which Mill’s intellectual landscape differed (...)
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  • Punishment and Loss of Moral Standing.Christopher W. Morris - 1991 - Canadian Journal of Philosophy 21 (1):53 - 79.
    When any man, even in political society, renders himself by his crimes obnoxious to the public, he is punished by the laws in his goods and person; that is, the ordinary rules of justice are, with regard to him, suspended for a moment, and it becomes equitable to inflict on him, for the benefit of society, what otherwise he could not suffer without wrong or injury?
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  • (1 other version)The justification of general deterrence.Daniel M. Farrell - 1985 - Philosophical Review 94 (3):367-394.
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  • (1 other version)The Right to Threaten and the Right to Punish.Warren Quinn - 1994 - In A. John Simmons, Marshall Cohen, Joshua Cohen & Charles R. Beitz (eds.), Punishment: A Philosophy and Public Affairs Reader. Princeton University Press. pp. 47-94.
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  • The Preventive Use of Force: A Cosmopolitan Institutional Proposal.Allen Buchanan & Robert O. Keohane - 2004 - Ethics and International Affairs 18 (1):1-22.
    Preventive use of force may be defined as the initiation of military action in anticipation of harmful actions that are neither presently occurring nor imminent. This essay explores the permissibility of preventive war from a cosmopolitan normative perspective, one that recognizes the basic human rights of all persons, not just citizens of a particular country or countries. It argues that preventive war can only be justified if it is undertaken within an appropriate rule-governed, institutional framework that is designed to help (...)
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  • The ends of harm: the moral foundations of criminal law.Victor Tadros - 2011 - New York: Oxford University Press.
    This book offers a critical examination of those theories and advances a new argument for punishment's justification, calling it the 'duty view'.
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  • Criminal Justice without Retribution.Erin I. Kelly - 2009 - Journal of Philosophy 106 (8):440-462.
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  • War and Terrorism.C. A. J. Coady - 2003 - In R. G. Frey & Christopher Heath Wellman (eds.), A Companion to Applied Ethics. Malden, MA: Wiley-Blackwell. pp. 254–266.
    This chapter contains sections titled: The Just War: Jus ad Bellum The Jus in Bello Terrorism.
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  • Punishment, Communication, and Community.R. A. Duff - 2003 - Philosophical Quarterly 53 (211):310-313.
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  • (1 other version)Punishment as Societal Defense.George Sher - 1999 - Philosophical and Phenomenological Research 59 (2):548-550.
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  • Punishment and justification.Mitchell N. Berman - 2008 - Ethics 118 (2):258-290.
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  • Institutionalizing the Just War.Allen Buchanan - 2018 - Oup Usa.
    Institutionalizing the Just War provides a new approach to theorizing the morality of war and argues that sound moral principles regarding war-making must take into account the fact that the validity of moral principles can depend upon existing institutions and social practices.
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  • Institutionalizing the Just War.Allen Buchanan - 2005 - Philosophy and Public Affairs 34 (1):2-38.
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  • What Is Self-Defense?Uwe Steinhoff - 2015 - Public Affairs Quarterly 29 (4):385-402.
    In this paper, I will provide a conceptual analysis of the term self-defense and argue that in contrast to the widespread “instrumentalist” account of self-defense, self-defense need not be aimed at averting or mitigating an attack, let alone the harm threatened by it. Instead, on the definition offered here, an act token is self-defense if and only if a) it is directed against an ongoing or imminent attack, and b) the actor correctly believes that the act token is an effective (...)
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  • Law in the Age of Pluralism.Andrei Marmor - 2007 - Oup Usa.
    Law in the Age of Pluralism contains a collection of essays on the intersection of legal and political philosophy. Written within the analytical tradition in jurisprudence, the collection covers a wide range of topics, such as the nature of law and legal theory, the rule of law, the values of democracy and constitutionalism, moral aspects of legal interpretation, the nature of rights, economic equality, and more. The essays in this volume explore issues where law, morality and politics meet, and discuss (...)
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  • Punishment, Communication and Community.Nicola Lacey - 2002 - Mind 111 (442):392-396.
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  • Basic Rights: Subsistence, Affluence, and U.S. Foreign Policy.Henry Shue & Theodore M. Benditt - 1980 - Law and Philosophy 4 (1):125-140.
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  • Can Self-Defense Justify Punishment?Larry Alexander - 2013 - Law and Philosophy 32 (2-3):159-175.
    This piece is a review essay on Victor Tadros’s The Ends of Harm. Tadros rejects retributive desert but believes punishment can be justified instrumentally without succumbing to the problems of thoroughgoing consequentialism and endorsing using people as means. He believes he can achieve these results through extension of the right of self-defense. I argue that Tadros fails in this endeavor: he has a defective account of the means principle; his rejection of desert leads to gross mismatches of punishment and culpability; (...)
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  • (1 other version)Self-defense : the imminence requirement.Marcia Baron - 2011 - In Leslie Green & Brian Leiter (eds.), Oxford Studies in Philosophy of Law. New York: Oxford University Press.
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  • (1 other version)What's wrong with preventive war? The moral and legal basis for the preventive use of force.Whitley Kaufman - 2005 - Ethics and International Affairs 19 (3):23–38.
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  • The backward-looking component of weak retributivism.Margaret H. Holmgren - 1989 - Journal of Value Inquiry 23 (2):135-146.
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  • Punishment: The Supposed Justifications.Roger Squires & Ted Honderich - 1970 - Philosophical Quarterly 20 (80):302.
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  • On Conflicts between Rights.Christopher Heath Wellman - 1995 - Law and Philosophy 14 (3/4):271 - 295.
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  • (1 other version)Self-Defense: The Imminence Requirement.Marcia Baron - 2011 - In Leslie Green & Brian Leiter (eds.), Oxford Studies in Philosophy of Law: Volume 1. Oxford, GB: Oxford University Press UK.
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  • Punishment and societal defense.Phillip Montague - 1983 - Criminal Justice Ethics 2 (1):30-36.
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  • Rights, Restitution, and Risk: Essays in Moral Theory.Margery Bedford Naylor - 1989 - Noûs 23 (3):399-401.
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  • The Morality of Freedom.Ernest Marshall - 1994 - Noûs 28 (1):96-98.
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