1. Presumably the point of, say, inculcating a moral outlook lies in a concern with how people live. It may seem that the very idea of a moral outlook makes room for, and requires, the existence of moral theory, conceived as a discipline which seeks to formulate acceptable principles of conduct. It is then natural to think of ethics as a branch of philosophy related to moral theory, so conceived, rather as the philosophy of science is related to science. On (...) this view, the primary topic of ethics is the concept of right conduct, and the nature and justification of principles of behaviour. If there is a place for an interest in the concept of virtue, it is a secondary place. Virtue is a disposition to behave rightly; the nature of virtue is explained, as it were, from the outside in. (shrink)

The author presents and defends three theses: (1) "the first is that it is not profitable for us at present to do moral philosophy; that should be laid aside at any rate until we have an adequate philosophy of psychology." (2) "the second is that the concepts of obligation, And duty... And of what is morally right and wrong, And of the moral sense of 'ought', Ought to be jettisoned if this is psychologically possible...." (3) "the third thesis is that (...) the differences between the well-Known english writers on moral philosophy from sidgwick to the present day are of little importance." (staff). (shrink)

This classic and controversial book examines the roots of the idea of virtue, diagnoses the reasons for its absence in modern life, and proposes a path for its recovery.

Virtue ethics is perhaps the most important development within late twentieth-century moral philosophy. Rosalind Hursthouse, who has made notable contributions to this development, here presents a full exposition and defense of her neo-Aristotelian version of virtue ethics. She shows how virtue ethics can provide guidance for action, illuminate moral dilemmas, and bring out the moral significance of the emotions.

This book is a study of ancient views about 'moral luck'. It examines the fundamental ethical problem that many of the valued constituents of a well-lived life are vulnerable to factors outside a person's control, and asks how this affects our appraisal of persons and their lives. The Greeks made a profound contribution to these questions, yet neither the problems nor the Greek views of them have received the attention they deserve. This book thus recovers a central dimension of Greek (...) thought and addresses major issues in contemporary ethical theory. One of its most original aspects is its interrelated treatment of both literary and philosophical texts. The Fragility of Goodness has proven to be important reading for philosophers and classicists, and its non-technical style makes it accessible to any educated person interested in the difficult problems it tackles. This new edition features an entirely new preface by Martha Nussbaum. (shrink)

In A Theory of Justice, Rawls makes almost no mention of the issues of justice that animated philosophers in earlier centuries. There is no discussion of justice between persons, issues that Aristotle sought to explain under the idea of “corrective justice.” Nor is there discussion, except in passing, of punishment, another primary focus of the social contract approaches of Locke, Rousseau and Kant.1 My aim in this article is to argue that implicit in Rawls’s writing is a powerful and persuasive (...) account of the normative significance of tort law and corrective justice. (shrink)

Professor Fletcher challenges the traditional account of the development of tort doctrine as a shift from an unmoral standard of strict liability for directly causing harm to a moral standard based on fault. He then sets out two paradigms of liability to serve as constructs for understanding competing ideological viewpoints about the proper role of tort sanctions. He asserts that the paradigm of reciprocity, which looks only to the degree of risk imposed by the parties to a lawsuit on each (...) other, and to the existence of possible excusing conditions, provides greater protection of individual interests than the paradigm of reasonableness, which assigns liability instrumentally on the basis of a utilitarian calculus. Finally, Professor Fletcher examines stylistic differences between the two paradigms which may explain the modern preference for the paradigm of reasonableness. (shrink)

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 (...) social contract as a more satisfactory account of the basic rights and liberties of citizens as free and equal persons. "Each person," writes Rawls, "possesses an inviolability founded on justice that even the welfare of society as a whole cannot override." Advancing the ideas of Rousseau, Kant, Emerson, and Lincoln, Rawls's theory is as powerful today as it was when first published. (shrink)

Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.

This book is the first to offer a detailed analysis of Aristotelian and Kantian ethics together, in a way that remains faithful to the texts and responsive to debates in contemporary ethics. Recent moral philosophy has seen a revival of interest in the concept of virtue, and with it a reassessment of the role of virtue in the work of Aristotle and Kant. This book brings that re-assessment to a new level of sophistication. Nancy Sherman argues that Kant preserves a (...) notion of virtue in his moral theory that bears recognisable traces of the Aristotelian and Stoic traditions, and that his complex anthropology of morals brings him into surprising alliance with Aristotle. She develops her argument through close readings of major texts by both Aristotle and Kant, illustrating points of congruence and contrast. (shrink)

Only paperback edition of great legal classic. Lucid, accessible coverage of liability, criminal law, torts, contracts, more, from historical perspective. New introduction by Sheldon M. Novick. Table of Cases.

The thesis that propositions of law are intrinsically arguable is opposed by the antithesis that the Rule of Law is valued for the sake of legal certainty. The synthesis considers the insights of theories of rhetoric and proceduralist theories of practical reason, then locates the problem of indeterminacy of law in the context of the challengeable character of governmental action under free governments. This is not incompatible with, but required by the Rule of Law, which is misstated as securing legal (...) certainty. Defeasible certainty is the most that is desirable or achievable. (shrink)

Walter Bagehot's anatomy of The English Constitution is a classic of English political writing. In this new Cambridge Texts edition it appears for the first time in its original (1867) book version, with Bagehot's original conclusion, and the substantial introduction written for the second edition of 1872. Paul Smith's introduction places Bagehot's views in the context of contemporary events and prevalent views of the working of the constitution, indicating their relation to his developing ideas on the anthropological and sociological springs (...) of authority. He assesses the accuracy of Bagehot's account of parliamentary government in operation, and the strength of Bagehot's analysis of the difficulties faced by British liberalism in coming to terms with the approach of democracy. All the usual student-friendly features of the Cambridge Texts series are present, including a select bibliography and brief biographies of key figures, and annotation which explains some of Bagehot's more arcane contemporary allusions. (shrink)

The Maccabean Lecture by the most outspoken prestigious opponent of the Wolfenden reform proposal. Answered by Stuart Hampshire, A.J. Ayer, et al.--Jim Kepner.

Recent moral philosophy has seen a revival of interest in the concept of virtue, and with it a reassessment of the role of virtue in the work of Aristotle and Kant. This book brings that reassessment to a new level of sophistication. Nancy Sherman argues that Kant preserves a notion of virtue in his moral theory that bears recognizable traces of the Aristotelian and Stoic traditions, and that his complex anthropology of morals brings him into surprising alliance with Aristotle. She (...) develops her argument through close readings of major texts by both Aristotle and Kant, illustrating points of congruence and contrast. (shrink)

In this paper I attempt a general explanation of the role played by the reasonable person in law, especially but not only in the common law. I relate my explanation to some problems about the very nature of law, and some problems about the ideal of the rule of law.

The 'reasonable person' is used to assess the acceptability of behaviour in many areas of the law. This notion has attracted a great deal of criticism as it presupposes uncontested notions of 'normal' behaviour. This book explores whether there are deeper foundations to these criticisms.

This book develops an Aristotelian account of the virtue of practical intelligence or "phronesis"--an excellence of deliberating and making choices--which ...

This paper considers the similarities between Adam Smith's device of the impartial spectator and the use of perspectival devices in common law reasoning. The paper adopts a reading of Smith's device as one involving the exercise of imaginative sympathy by an ordinarily virtuous, and culturally and historically situated, spectator who does not have a stake in the outcome of the scene being evaluated. The point here is to show that the impartial spectator is 1) a device of common, ordinary virtue (...) – both in the sense of being located in a culture at a specific point in time, and in the sense of possessing only moderate, achievable virtues ; and 2) a device that enables a focus on a situation, which requires imaginative work, emotional engagement and careful, particularised description. Having so modelled Smith's device, the paper shows the similarities between it and the use of perspectival devices in common law reasoning, specifically here via the ‘right-thinking member of society' test in defamation law. (shrink)

Charles Griswold has written a comprehensive philosophical study of Smith's moral and political thought. Griswold sets Smith's work in the context of the Enlightenment and relates it to current discussions in moral and political philosophy. Smith's appropriation as well as criticism of ancient philosophy, and his carefully balanced defence of a liberal and humane moral and political outlook, are also explored. This 1999 book is a major philosophical and historical reassessment of a key figure in the Enlightenment that will be (...) of particular interest to philosophers and political and legal theorists, as well as historians of ideas, rhetoric, and political economy. (shrink)

Criminal law commonly requires judges and juries to decide whether defendants acted reasonably. Nevertheless, issues of reasonableness fall into two distinct categories: (1) where reasonableness concerns events and states, including risks of which an actor is conscious, that can be justly assessed without regard to the actor’s individual traits, and (2) where reasonableness concerns culpable mental states and emotions that cannot justly be assessed without reference to the actor’s capacities. This distinction is significant because, while the reasonable person by which (...) category-1 cases are assessed is a disembodied and impersonal ideal that consists of nothing but the uncompromising values of the jurisdiction, the reasonable person by which category-2 cases are measured must necessarily incorporate some of an actor’s individual traits or risk blaming the blameless. Courts and commentators have thus far approached the task of individualizing or subjectivizing reasonableness in category 2 by trying to determine in advance which individual traits are generally relevant and which are not. I propose an alternative approach that, in addition to applying to negligence and voluntary manslaughter cases alike, derives its content from the social practice of blaming. I propose that a reasonable person in category-2 cases consists of every physical, psychological, and emotional trait an actor possesses, with one exception—the exception being that he possesses proper respect for the values of the people of the state as reflected and incorporated in the statute at hand. (shrink)

Is Rawls’s political liberalism so thoroughly aligned with the principle of neutrality that no space is left for proposals aimed at strengthening a liberal ‘conception of the good’? The argument I develop here attempts to establish the grounds for a ‘virtue-based liberal perfectionism’ that, drawing on the present debate between liberal neutralists and perfectionists, re-introduces the virtues as a category of goods that have so far been largely neglected in the theoretical context of liberal theory. The argument does not start (...) from zero, but is grounded in Rawls’s views on the virtues and self-respect as outlined in his major works. Rawls’s views also seem very compatible with Kramer’s recent proposal of an aspirational perfectionism. I propose to take some further steps in the direction already laid out by their contributions. My conclusion is in favour of an enlarged understanding of ‘public reason’ in which reasonableness no longer hinges merely on Rawls’s key notion of reasonableness as reciprocity but, following Von Wright, on an idea of reasonableness as encompassing everything that is concerned with ‘the right way of living’. (shrink)

Charles Griswold has written a comprehensive philosophical study of Smith's moral and political thought. Griswold sets Smith's work in the context of the Enlightenment and relates it to current discussions in moral and political philosophy. Smith's appropriation as well as criticism of ancient philosophy, and his carefully balanced defence of a liberal and humane moral and political outlook, are also explored. This 1999 book is a major philosophical and historical reassessment of a key figure in the Enlightenment that will be (...) of particular interest to philosophers and political and legal theorists, as well as historians of ideas, rhetoric, and political economy. (shrink)