Using the rule of law as its main theme, this text shows how abstract questions and concepts of legal philosophy are connected to concrete legal, political, and social issues. The text addresses several modern controversies and challenges students to consider both sides of an argument, using sound, reasoned thinking.

Three eminent scientists analyze the scientific, social, and political roots of biological determinism.

Examines the history and inherent flaws of the tests science has used to measure intelligence.

This study focuses on the practice of punishment, as it is inflicted by the state. The author's first-hand experience with penal reform, combined with philosophical reflection, has led him to develop a theory of punishment that identifies the principles of sentencing and corrections on which modern correctional systems should be built. This new theory of punishment is built on the view that the central function of the law is to reduce the need to use force in the resolution of disputes. (...) Professor Cragg argues that the proper role of sentencing and sentence administration is to sustain public confidence in the capacity of the law to fulfil that function. Sentencing and corrections should therefore be guided by principles of restorative justice. He points out that, although punishment may be an inevitable concomitant of law enforcement in general and sentencing in particular, inflicting punishment is not a legitimate objective of criminal justice. The strength and appeal of this account is that it moves well beyond the boundaries of conventional discussions. It examines punishment within the framework of policing and adjudication, analyses the relationship between punishment and sentencing, and provides a basis for evaluating correctional practices and such developments as electronic monitoring. (shrink)

This monograph links moral theory and legal reasoning in the context of attempts to choose (or, more accurately, influence) human traits before birth. An analytical framework, developed in the first few chapters, is used to critique the regulatory approaches adopted in seventeen countries (the then 15 member states of the EU, Canada and the US). This analytic framework is developed by applying the tenets of Alan Gewirth’s Principle of Generic Consistency to the multivariable epistemic uncertainties evoked by practical ethical problems. (...) The result is an interdisciplinary text seeking to bridge the theoretical gap between abstract moral theory, modern scientific developments and the law. It thereby addresses the moral and legal issues raised by techniques and technologies such as abortion, preimplantation genetic diagnosis and germ-line gene therapy. (shrink)