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.

McConnell presents the unusual and distinctive argument that inalienable rights differ from other types of rights in that, rather than restraining the behaviour of others, inalienable rights seem to put limits on the possessors themselves, because even the possessor's consent does not justify others in encroaching on them. He offers a full account of what it means for a right to be inalienable, distinguishing them from other kinds of rights in the contexts of moral and political issues in medicine and (...) law: for example, the right to life, the right of conscience, and, in particular, the right of informed consent. McConnell's book is intended as a distinctive conception and persuasive defence of inalienable rights, which ties into current discussions of informed consent. It should appeal to applied ethicists and philosophers of law among others. (shrink)

In this volume, Feinberg focuses on the meanings of "interest," the relationship between interests and wants, and the distinction between want-regarding and ideal-regarding analyses on interest and hard cases for the applications of the concept of harm. Examples of the "hard cases" are harm to character, vicarious harm, and prenatal and posthumous harm. Feinberg also discusses the relationship between harm and rights, the concept of a victim, and the distinctions of various quantitative dimensions of harm, consent, and offense, including the (...) magnitude, probability, risk, and "importance" of harm. (shrink)

The uniquely human emotion of disgust is intimately connected to morality in many, perhaps all, cultures. We report two studies suggesting that a predisposition to feel disgust is associated with more conservative political attitudes, especially for issues related to the moral dimension of purity. In the first study, we document a positive correlation between disgust sensitivity and self-reported conservatism in a broad sample of US adults. In Study 2 we show that while disgust sensitivity is associated with more conservative attitudes (...) on a range of political issues, this relationship is strongest for purity-related issues—specifically, abortion and gay marriage. (shrink)

The Emotional Construction of Morals is a book about moral judgements – the kinds of mental states we might express by sentences such as, ‘It's bad to flash your neighbors’, or ‘You ought not eat your pets’. There are three basic questions that get addressed: what are the psychological states that constitute such judgements? What kinds of properties do such judgements refer to? And, where do these judgements come from? The first question concerns moral psychology, the second metaethics and the (...) third is best construed as belonging to a domain that has been neglected in analytic value theory: the genealogy of morals. These are all separate branches of ethics, but they are interconnected. The thesis of the book is that moral judgements are emotional attitudes that refer to response-dependent properties, and that these responses have been shaped by cultural history. I call the view Constructive Sentimentalism. The first half of the book deals with sentiments, and the second half with construction. The second half also deals with relativism, because I argue that moral values are constructed differently across cultures and across individuals.Thus described, The Emotional Construction of Morals is a conventional contribution to analytic moral philosophy, taking on some of the core questions in that field and defending positions that have a long philosophical pedigree. Indeed, the theory I defend has roots in Hume and Nietzsche, though it departs from both in various ways. What makes the book somewhat unusual is that it seeks to defend traditional theories by appeal to recent work in psychology, neuroscience, anthropology and related fields. It is an exercise in methodological naturalism and committed to the view that we can answer traditional philosophical questions while treating ethics as a social science. Ethics and naturalism are hard to reconcile because ethics is a normative domain, …. (shrink)

Appraisal research based on participants' self-report of emotional experiences is predicated on the assumption that the academic community and the lay public share comparable meanings of the emotion terms used. However, this can be a risky assumption to make, as in the case of the emotion disgust which appears in common usage to reflect irritation, or anger, as often as repulsion. To examine the theoretical versus the lay meaning of disgust, 140 undergraduates were asked to recall a time when they (...) felt either angry, disgust, disgusted, revulsion, or grossed out. Analysis of event recall responses and emotional experience measures suggests that the common understanding of the word disgust reflects a combination of the conceptual meanings of disgust and anger whereas the slang term grossed out more closely captures the theoretical construct of disgust. Implications of these findings for emotion research based on self-report are discussed. (shrink)

In this provocative monograph, Bertram Malle describes behavior explanations as having a dual nature -- as being both cognitive and social acts -- and proposes...

Recent studies by experimental philosophers demonstrate puzzling asymmetries in people’s judgments about intentional action, leading many philosophers to propose that normative factors are inappropriately influencing intentionality judgments. In this paper, I present and defend the Deep Self Model of judgments about intentional action that provides a quite different explanation for these judgment asymmetries. The Deep Self Model is based on the idea that people make an intuitive distinction between two parts of an agent’s psychology, an Acting Self that contains the (...) desires, means-end beliefs, and intentions that are the immediate causal source of an agent’s actions, and a Deep Self, which contains an agent’s stable and central psychological attitudes, including the agent’s values, principles, life goals, and other more fundamental attitudes. The Deep Self Model proposes that when people are asked to make judgments about whether an agent brought about an outcome intentionally, in addition to standard criteria proposed in traditional models, people also assess an additional ‘Concordance Criterion’: Does the outcome concord with the psychological attitudes of the agent’s Deep Self? I show that the Deep Self Model can explain a very complex pattern of judgment asymmetries documented in the experimental philosophy literature, and does so in a way that has significant advantages over competing models. (shrink)

The aims of this book are to “explain the concept of an inalienable right,” “show why it is morally justifiable to ascribe inalienability to some legal rights,” and “examine in more detail some selected rights”. Inalienability of rights is said to be particularly pertinent in bioethics since, for example, if the right to life is inalienable, it would seem that euthanasia and assisted suicide would be impermissible. I will limit my comments to McConnell’s discussions of the first two aims and (...) his discussions on euthanasia and assisted suicide. Given the highly contentious nature of the debate over euthanasia and assisted suicide, the possibility of illuminating that debate through a study of inalienable rights is quite attractive. (shrink)