The Metaphysics of Morals is Kant's major work in applied moral philosophy in which he deals with the basic principles of rights and of virtues. It comprises two parts: the 'Doctrine of Right', which deals with the rights which people have or can acquire, and the 'Doctrine of Virtue', which deals with the virtues they ought to acquire. Mary Gregor's translation, revised for publication in the Cambridge Texts in the History of Philosophy series, is the only complete translation of the (...) whole text, and includes extensive annotation on Kant's difficult and sometimes unfamiliar vocabulary. A new introduction by Roger Sullivan sets the work in its historical and philosophical context. This volume will be of wide interest to students of ethics and of legal and political 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)

This book explores the scope and limits of the concept of personDS a vexed question in contemporary philosophy. The author begins by questioning the methodology of thought-experimentation, arguing that it engenders inconclusive and unconvincing results, and that truth is stranger than fiction. She then examines an assortment of real-life conditions, including infancy, insanity andx dementia, dissociated states, and split brains. The popular faith in continuity of consciousness, and the unity of the person is subjected to sustained criticism. The author concludes (...) with a look at different views of the person found in Homer, Aristotle, the post-Cartesians, and contemporary cognitive science. (shrink)

Two centuries after they were published, Kant's ethical writings are as much admired and imitated as they have ever been, yet serious and long-standing accusations of internal incoherence remain unresolved. Onora O'Neill traces the alleged incoherences to attempt to assimilate Kant's ethical writings to modern conceptions of rationality, action and rights. When the temptation to assimilate is resisted, a strikingly different and more cohesive account of reason and morality emerges. Kant offers a `constructivist' vindication of reason and a moral vision (...) in which obligations are prior to rights and in which justice and virtue are linked. O'Neill begins by reconsidering Kant's conceptions of philosophical method, reason, freedom, automony and action. She then moves on to the more familiar terrain of interpretation of the Categorical Imperative, while in the last section she emphasises differences between Kant's ethics and recent 'Kantian' ethics, including the work of John Rawls and other contemporary liberal political philosophers. This reassessment will add significantly to the understanding of Kantian practical philosophy. (shrink)

This book addresses the perennial question: What is justice?

These paperback editions preserve the original texts of these important books while presenting them in durable paperback editions.

This stimulating collection of essays in ethics eschews the simple exposition and refinement of abstract theories. Rather, the author focuses on everyday moral issues, often neglected by philosophers, and explores the deeper theoretical questions which they raise. Such issues are: Is it wrong to tell a lie to protect someone from a painful truth? Should one commit a lesser evil to prevent another from doing something worse? Can one be both autonomous and compassionate? Other topics discussed are servility, weakness of (...) will, suicide, obligations to oneself, snobbery, and environmental concerns. A feature of the collection is the contrast of Kantian and utilitarian answers to these problems. The essays are crisply and lucidly written and will appeal to both teachers and students of philosophy. (shrink)

I am grateful to Donald Ainslie, Lisa Austin, Michael Blake, Abraham Drassinower, David Dyzenhaus, George Fletcher, Robert Gibbs, Louis-Philippe Hodgson, Sari Kisilevsky, Dennis Klimchuk, Christopher Morris, Scott Shapiro, Horacio Spector, Sergio Tenenbaum, Malcolm Thorburn, Ernest Weinrib, Karen Weisman, and the Editors of Philosophy & Public Affairs for comments, and audiences in the UCLA Philosophy Department and Columbia Law School for their questions.

Are inequalities of income created by the free market just? In this book Serena Olsaretti examines two main arguments that justify those inequalities: the first claims that they are just because they are deserved, and the second claims that they are just because they are what free individuals are entitled to. Both these arguments purport to show, in different ways, that giving responsible individuals their due requires that free market inequalities in incomes be allowed. Olsaretti argues, however, that neither argument (...) is successful, and shows that when we examine closely the principle of desert and the notions of liberty and choice invoked by defenders of the free market, it appears that a conception of justice that would accommodate these notions, far from supporting free market inequalities, calls for their elimination. Her book will be of interest to a wide range of readers in political philosophy, political theory and normative economics. (shrink)

There has recently been a good deal of interest in the republican tradition, particularly in the political conception of freedom maintained within that tradition. I look here at the characterisation of republican liberty in a recent work of Quentin Skinner1and argue on historical and conceptual grounds for a small amendment—a simplification—that would make it equivalent to the view that freedom in political contexts should be identified with nondomination.

Metaphysicians, ethical theorists and philosophers of law squabble endlessly about what it is for a person to act — or perhaps even to ‘will’ — more or less freely. A vital issue in this controversy is how we should analyse two obvious but surprisingly problematical contrasts. The first antithesis is between things we do because we are forced, and deeds we perform because we want to — sometimes after having discovered preponderant reasons in their favour. The other polarity is more (...) general. In most situations, if I act on my desire, I act more freely than if I had not had the desire. But what if my attitude is the product of childhood conditioning — or later brainwashing, brain surgery, hypnosis, behaviour modification, alcoholisim, narcotics addiction, neurosis, psychosis or worse? Then isn't my autonomy diminished? What is it about these latter desires, or their origin, that differentiates them from their unthreatening congeners? (shrink)

CHAPTER I INTRODUCTION Liberty is perhaps the most praised of all social ideals. Rare is the modern political movement which has not inscribed "liberty," ...

It is a commonplace that coercion forms part of the nature of law: Law is inherently coercive. But how well founded is this claim, and what would it mean for coercion to be part of the of law? This article suggests that the claim is grounded in our current conception of law. The main focus of the article, however, is upon two major lines of argument that attempt to establish a link between law and coercion: one based upon the laws (...) normativity. It argues that the claim that law is necessarily coercive because it must be efficacious is mistakens normativity is inherently linked to coercion contains an important truths claim to authority encompasses the right to authorize the use of coercion. (shrink)

Virtually everyone agrees that there is a strong moral presumption against the use of coercion. There is, however, considerably less agreement about the nature of coercion. For example, each of the following claims has been the subject of considerable controversy: 1. coercion is an essentially normative concept whose ‘conditions of application contain an ineliminable reference to moral rightness or wrongness’; 2. it is possible to coerce someone by means of an especially enticing offer as well as by means of a (...) threat; 3. coercion sometimes consists in nothing more than the direct application of physical force; and 4. exploitation is a form of coercion. In this essay I shall propose and defend an explication of the concept of coercion which will entail the falsity of each of these claims. Such an analysis, although it will naturally start from and be guided by our intuitions about the subject, will not be bound rigidly by them. My primary objective will be to provide a reasonably precise and systematic way of describing a category of human behavior only the paradigm examples of which are clearly circumscribed by ordinary usage. (shrink)

In American legal journals over the last decade there were hundreds of pages of articles worrying over threats to justice and freedom arising from the power to withhold benefits. Government officials have tremendous discretion to offer or withhold foreign aid, ration-books, government contracts and jobs, welfare subsidies, public housing, tariff protection, academic grants, alien resident status, paroles, or exemption from conscription or combat, from arrest or prosecution or imprisonment. Right-wing economists have worried about welfare-state emphasis on administrative discretion rather than (...) the rule of law. And left-wing economists have worried about the rich man's power to intimidate the poor man by threatening to cut off his productive work. (shrink)

There is nearly universal agreement that coercion is an evil. Even when it is necessary to avoid a greater evil or to attain some good, it is still a necessary evil. There is also nearly universal agreement that, other things being equal, one ought not to exercise coercion. Here the agreement ends. There is little agreement about just when coercion is justified. More surprisingly, there is little agreement about what coercion is. This latter controversy is more fundamental, and this paper (...) is an attempt to shed some light on it. (shrink)

That law is coercive is something we all more or less take for granted. It is an assumption so rooted in our ways of thinking that it is taken as a given of social reality, an uncontroversial datum. Because it is so regarded, it is infrequently stated, and when it is, it is stated without any hint of possible complications or qualifications. I will call this the “prereflective view,” and I want to examine it with the care it deserves.

The view that persons are entitled to respect because of their moral agency is commonplace in contemporary moral theory. What exactly this respect entails, however, is far less uncontroversial. In this book, Van der Rijt argues powerfully that this respect for persons’ moral agency must also encompass respect for their subjective moral judgments – even when these judgments can be shown to be fundamentally flawed. Van der Rijt scrutinises the role persons’ subjective moral judgments play within the context of coercion (...) and domination. His fresh, original analysis of Kant’s third formulation of the Categorical Imperative reveals how these judgments are intimately connected to a person’s dignity. The result is an insightful new account of coercion, a novel Kantian reformulation of the republican notion of non-domination and a compelling, innovative argument in favour of retributive justice. "In this admirably clear and insightful work, Van der Rijt develops an original account of coercion and dignity. On the basis of his analysis of the relation between these two concepts, he also provides an intriguing new angle on the nature of republicanism. I recommend this book to anyone interested in freedom and power and their roles in normative political theory." Ian Carter - University of Pavia "In this carefully argued and original study Jan-Willem van der Rijt offers an analysis of coercion, a broadly Kantian argument that coercion is an affront to dignity, and an illuminating contrast with Philip Pettit's republicanism. A most welcome contribution." Thomas E. Hill, Jr. - University of North Carolina at Chapel Hill "Jan-Willem van der Rijt has written a well argued, original book that will prove to be extremely helpful for the philosophical inquiry of the relationship between coercion and human dignity as well as for the assessment of republicanism and its consequences." Ralf Stoecker - University of Potsdam. (shrink)

This paper analyses the republican notion of non-domination from the viewpoint of individual dignity. It determines the aspect of individual dignity that republicans are concerned with and scrutinises how it is safeguarded by non-domination. I argue that the notion of non-domination as it is formulated by Pettit contains a number of ambiguities that need to be addressed. I discuss these ambiguities and argue for specific solutions that place great importance on a person’s moral beliefs and his status as a moral (...) being amongst others. Furthermore, I argue that the impunity interpretation is to be favoured over the immunity interpretation of non-domination. I show that whilst these solutions accord well with many important republican tenets, they have other implications that contradict known republican positions. In particular, I show there is both room and a need for retributivism within republicanism. (shrink)

This paper analyses the republican notion of non-domination from the viewpoint of individual dignity. It determines the aspect of individual dignity that republicans are concerned with and scrutinises how it is safeguarded by non-domination. I argue that the notion of non-domination as it is formulated by Pettit contains a number of ambiguities that need to be addressed. I discuss these ambiguities and argue for specific solutions that place great importance on a person’s moral beliefs and his status as a moral (...) being amongst others. Furthermore, I argue that the impunity interpretation is to be favoured over the immunity interpretation of non-domination. I show that whilst these solutions accord well with many important republican tenets, they have other implications that contradict known republican positions. In particular, I show there is both room and a need for retributivism within republicanism. (shrink)

It is widely supposed that agreements made in response to coercion are entered into involuntarily for that reason. This paper argues that that supposition is false and that it has generated a good deal of avoidable confusion in the courts and among some legal commentators. Agreements entered into involuntarily of course, have no legal standing. But, on any plausible account of coercion, agreements entered into in response to coercion are an inevitability of social life. To prohibit them would be to (...) prohibit many agreements we ought to and do enforce (e.g. labor agreements entered into under threat of strike). This is not to deny that agreements induced by certain uses of force or certain threats of force have and ought to have no standing. But here it is the type of force or threat that invalidates the agreement, not the use of coercion per se. (shrink)