The wrongness of rape -- Rationality and the rule of law in offences against the person -- Complicity and causality -- In defence of defences -- Justifications and reasons -- The gist of excuses -- Fletcher on offences and defences -- Provocation and pluralism -- The mark of responsibility -- The functions and justifications of criminal law and punishment -- Crime : in proportion and in perspective -- Reply to critics.

Despite being co-opted by economists and politicians for their own purposes, ‘welfare’ traditionally refers to well-being, and it is in this sense that L. W. Sumner understands the term. His book is a clear, careful, and well-crafted investigation into major theories of welfare, accompanied by a one-chapter defense of “welfarism,” the view that welfare is the only foundational value necessary for ethics. Sumner himself is attracted to utilitarianism, but he makes no commitment to it in this work, which will be (...) of interest to many moral philosophers. (shrink)

This incisive book deals with the use of the criminal law to enforce morality, in particular sexual morality, a subject of particular interest and importance since the publication of the Wolfenden Report in 1957. Professor Hart first considers John Stuart Mill's famous declaration: "The only purpose for which power can be rightfully exercised over any member of a civilized community is to prevent harm to others." During the last hundred years this doctrine has twice been sharply challenged by two great (...) lawyers: Sir James Fitzjames Stephen, the great Victorian judge and historian of the common law, and Lord Devlin, who both argue that the use of the criminal law to enforce morality is justified. The author examines their arguments in some detail, and sets out to demonstrate that they fail to recognize distinction of vital importance for legal and political theory, and that they espouse a conception of the function of legal punishment that few would now share. (shrink)

Theories of individual well‐being fall into three main categories: hedonism, the desire‐fulfilment theory, and the list theory (which maintains that there are some things that can benefit a person without increasing the person's pleasure or desire‐fulfilment). The paper briefly explains the answers that hedonism and the desire‐fulfilment theory give to the question of whether being virtuous constitutes a benefit to the agent. Most of the paper is about the list theory's answer.

The second volume in Joel Feinberg's series The Moral Limits of the Criminal Law, Offense to Others focuses on the "offense principle," which maintains that preventing shock, disgust, or revulsion is always a morally relevant reason for legal prohibitions. Feinberg clarifies the concept of an "offended mental state" and further contrasts the concept of offense with harm. He also considers the law of nuisance as a model for statutes creating "morals offenses," showing its inadequacy as a model for understanding "profound (...) offenses," and discusses such issues as obscene words and social policy, pornography and the Constitution, and the differences between minor and profound offenses. (shrink)

This first volume in the four-volume series The Moral Limits of the Criminal Law focuses on the "harm principle," the commonsense view that prevention of harm to persons other than the perpetrator is a legitimate purpose of criminal legislation. Feinberg presents a detailed analysis of the concept and definition of harm and applies it to a host of practical and theoretical issues, showing how the harm principle must be interpreted if it is to be a plausible guide to the lawmaker.

Stephen Darwall presents a series of essays that explore the Second-Person Standpoint --an argument which advances an analysis of central moral concepts as irreducibly second personal in the sense of entailing mutual accountability and the authority to address demands. He illustrates the power of the second-personal framework to illuminate a wide variety of issues in moral, political, and legal philosophy. Section I concerns morality: for example, its distinctiveness among normative concepts, the relation between 'bipolar' obligations and moral obligation period, and (...) whether morality requires general principles. Section II focuses on autonomy, its relation to the will, and the sense in which we can give ourselves reasons for acting. And Section III concerns the nature of authority and the law. It argues that only a second-personal framework is able to explain these and the differences between criminal and civil law. (shrink)

Ranging over central issues of morals and politics and the nature of freedom and authority, this study examines the role of value-neutrality, rights, equality, ...

This article presents a philosophical account of the nature of crime. It argues that the criminal law contains both fault-based crimes and strict liability offences, and that these two represent different paradigms of liability. It goes on to argue that the gist of fault-based crimes lies in their being public wrongs, not (as is often thought) because they wrong the public, but because the public is responsible for punishing them, i.e. because they merit state punishment. What makes wrongs deserving of (...) punishment is that they are seriously blameworthy, inasmuch as they evince a disrespect for the values violated. But they only merit state punishment when they violate important values, not simply due to the well-known pragmatic considerations against the use of the criminal law, but to the intrinsic expressive force of criminal conviction. Finally, the analysis of fault-based crimes points to a role for strict liability in regulating actions that are not seriously blameworthy but do increase the risk of values being damaged. (shrink)

Hurley here revives a classical idea about rationality in a modern framework, by developing analogies between the structure of personality and the structure of society in the context of contemporary work in philosophy of mind, ethics, decision theory and social choice theory. The book examines the rationality of decisions and actions, and illustrates the continuity of philosophy of mind on the one hand, and ethics and jurisprudence on the other. A major thesis of the book is that arguments drawn from (...) the philosophy of mind may be used to undermine widely-held subjectivist positions in ethics and politico-economic theory. The work is inspired by the philosophies of Wittgenstein and Davidson, but goes on to connect their arguments about interpretation with formal work in decision theory and social choice theory, and with the theory of adjudication. (shrink)

The second volume in Joel Feinberg's series The Moral Limits of the Criminal Law, Offense to Others focuses on the "offense principle," which maintains that preventing shock, disgust, or revulsion is always a morally relevant reason for legal prohibitions. Feinberg clarifies the concept of an "offended mental state" and further contrasts the concept of offense with harm. He also considers the law of nuisance as a model for statutes creating "morals offenses," showing its inadequacy as a model for understanding "profound (...) offenses," and discusses such issues as obscene words and social policy, pornography and the Constitution, and the differences between minor and profound offenses. (shrink)

This first volume in the four-volume series The Moral Limits of the Criminal Law focuses on the "harm principle," the commonsense view that prevention of harm to persons other than the perpetrator is a legitimate purpose of criminal legislation. Feinberg presents a detailed analysis of the concept and definition of harm and applies it to a host of practical and theoretical issues, showing how the harm principle must be interpreted if it is to be a plausible guide to the lawmaker.

Gordon's emphasizes that the process of prosecution is crucial to the idea of crime. One who commits a public wrong is properly called to public account for it, and the criminal trial constitutes such a public calling to account. The state is the proper prosecutor of crimes: since a crime is ‘our’ wrong, rather than only the victim's wrong, it is appropriate that we should prosecute it, collectively. The case is not simply V the victim, or P the plaintiff, against (...) D the defendant. It is brought, as the Americans properly have it, by ‘the People’, or by ‘the Commonwealth’, against the defendant. This is a useful way in which to think about crimes and criminalisation. This chapter tries to develop this conception of public wrongs a little further, which also involves complicating it more than a little. It works from a version of liberal communitarianism that rejects the metaphysical version of the individualist's ‘unencumbered self’; but the account sketched here should be compatible with all but the most radically individualist kinds of liberal theory. (shrink)

We can gain fresh insights into aspects of criminal liability by focusing first on the prior topic of criminal responsibility, and on the relational dimensions of responsibility: responsibility is responsibility for something, to someone. We are criminally responsible as citizens, to our fellow citizens, for committing 'public' wrongs: I discuss the difficulty of giving determinate content to this idea of public wrongs, and the way in which, whereas moral responsibility is typically strict, criminal responsibility is not. Finally, I explore the (...) grounds on which defendants might deny that they are criminally responsible before the courts that seek to try them. (shrink)

This is the third volume of Joel Feinberg's highly regarded The Moral Limits of the Criminal Law, a four-volume series in which Feinberg skillfully addresses a complex question: What kinds of conduct may the state make criminal without infringing on the moral autonomy of individual citizens? In Harm to Self, Feinberg offers insightful commentary into various notions attached to self-inflicted harm, covering such topics as legal paternalism, personal sovereignty and its boundaries, voluntariness and assumptions of risk, consent and its counterfeits, (...) coercive force, incapacity, and choice of death. (shrink)

Julia Annas offers a new account of virtue and happiness as central ethical ideas. She argues that exercising a virtue involves practical reasoning of the kind we find in someone exercising an everyday practical skill, such as farming, building, or playing the piano. This helps us to see virtue as part of an agent's happiness or flourishing.

The final volume of Feinberg's four-volume work, The Moral Limits of Criminal Law examines the philosophical basis for the criminalization of so-called "victimless crimes" such as ticket scalping, blackmail, consented-to exploitation of others, commercial fortune telling, and consensual sexual relations.

Seven essays delivered as lectures in Britain and U.S.A.

Stephen Darwall presents a series of essays that explore the view that morality is second-personal, entailing mutual accountability and the authority to address demands. He illustrates the power of the second-personal framework to illuminate a wide variety of issues in moral, political, and legal philosophy.

Normativity and the Will collects fourteen important papers on moral psychology and practical reason by R. Jay Wallace, one of the leading philosophers currently working in these areas. The papers explore the interpenetration of normative and psychological issues in a series of debates that lie at the heart of moral philosophy. Themes that are addressed include reason, desire, and the will; responsibility, identification, and emotion; and the relation between morality and other normative domains. Wallace's treatments of these topics are at (...) once sophisticated and engaging. Taken together, they constitute an advertisement for a distinctive way of pursuing issues in moral psychology and the theory of practical reason, and they articulate and defend a unified framework for thinking about those issues. The volume also features a helpful new introduction. (shrink)

Moral philosophers agree that welfare matters. But they disagree about what it is, or how much it matters. In this vital new work, Wayne Sumner presents an original theory of welfare, investigating its nature and discussing its importance. He considers and rejects all notable theories of welfare, both objective and subjective, including hedonism and theories founded on desire or preference. His own theory connects welfare closely with happiness or life satisfaction. Reacting against the value pluralism that currently dominates moral philosophy, (...) he advances welfare as the only basic ethical value. He concludes by discussing the implications of this thesis for ethical and political theory. Written in clear, non-technical language, and including a definitive survey of other work in this area, Sumner's book is essential reading for moral philosophers, political theorists, and welfare economists. (shrink)

In this 2nd edition, John Gray adds an extensive postscript which defends the interpretation of Mill set out in the first edition, but develops radical criticisms of the substance of Millian and other liberalism.

When should we make use of the criminal law? Suppose that a responsible legislature seeks to enact a morally justifiable range of criminal prohibitions. What criteria should it apply when deciding whether to proscribe conduct? Crimes, Harms, and Wrongs is a philosophical analysis of the nature, significance, and ethical limits of criminalisation. The authors explore the scope and moral boundaries of harm-based prohibitions, proscriptions of offensive behaviour, and 'paternalistic' prohibitions aimed at preventing self-harm. Their aim is to develop guiding principles (...) for these various grounds of state prohibition, including an analysis of the constraints and mediating factors that weigh for and against criminalisation. Both authors have written extensively in the field. In Crimes, Harms, and Wrongs they have reworked a number of well-known essays and added several important new essays to produce an integrated, accessible, philosophically-sophisticated account that will be of great interest to legal academics, philosophers, and advanced students alike"--Provided by publisher. (shrink)

According to republican theory, we are free persons to the extent that we are protected and secured in the same fundamental choices, on the same public basis, as one another. But there is no public protection or security without a coercive state. Does this mean that any freedom we enjoy is a superficial good that presupposes a deeper, political form of subjection? Philip Pettit addresses this crucial question in On the People's Terms. He argues that state coercion will not involve (...) individual subjection or domination insofar as we enjoy an equally shared form of control over those in power. This claim may seem utopian but it is supported by a realistic model of the institutions that might establish such democratic control. Beginning with a fresh articulation of republican ideas, Pettit develops a highly original account of the rationale of democracy, breathing new life into democratic theory. (shrink)

Collected here in a single volume for the first time, On Liberty, Utilitarianism, Considerations on Representative Government, and The Subjection of Women show Mill applying his liberal utilitarian philosophy to a range of issues that remain vital today - issues of the nature of ethics, the scope and limits of individual liberty, the merits of and costs of democratic government, and the place of women in society. In his Introduction John Gray describes these essays as applications of Mill's doctrine of (...) the Art of Life, as set out in A System of Logic. Using the resources of recent revisionist scholarship, he shows Mill's work to be far richer and subtler than traditional interpretations allow. (shrink)

Originally published: Oxford: Clarendon, 1997.

What is objectivity? What is the rule of law? Are the operations of legal systems objective? If so, in what ways and to what degrees are they objective? Does anything of importance depend on the objectivity of law? These are some of the principal questions addressed by Matthew H. Kramer in this lucid and wide-ranging study that introduces readers to vital areas of philosophical enquiry. As Kramer shows, objectivity and the rule of law are complicated phenomena, each comprising a number (...) of distinct though overlapping dimensions. Although the connections between objectivity and the rule of law are intimate, they are also densely multi-faceted. (shrink)

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.