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)

The question "What can justify criminal punishment ?" becomes especially insistent at times, like our own, of penal crisis, when serious doubts are raised not only about the justice or efficacy of particular modes of punishment, but about the very legitimacy of the whole penal system. Recent theorizing about punishment offers a variety of answers to that question-answers that try to make plausible sense of the idea that punishment is justified as being deserved for past crimes; answers that try to (...) identify some beneficial consequences in terms of which punishment might be justified; as well as abolitionist answers telling us that we should seek to abolish, rather than to justify, criminal punishment. This book begins with a critical survey of recent trends in penal theory, but goes on to develop an original account (based on Duff's earlier Trials and Punishments) of criminal punishment as a mode of moral communication, aimed at inducing repentance, reform, and reconciliation through reparation-an account that undercuts the traditional controversies between consequentialist and retributivist penal theories, and that shows how abolitionist concerns can properly be met by a system of communicative punishments. In developing this account, Duff articulates the "liberal communitarian" conception of political society (and of the role of the criminal law) on which it depends; he discusses the meaning and role of different modes of punishment, showing how they can constitute appropriate modes of moral communication between political community and its citizens; and he identifies the essential preconditions for the justice of punishment as thus conceived-preconditions whose non-satisfaction makes our own system of criminal punishment morally problematic. Punishment, Communication, and Community offers no easy answers, but provides a rich and ambitious ideal of what criminal punishment could be-an ideal of what criminal punishment cold be-and ideal that challenges existing penal theories as well as our existing penal theories as well as our existing penal practices. (shrink)

Jeff McMahan urges us to reject the view, dominant throughout history, that mere participation in an unjust war is not wrong.

In this article, I develop a general explanatory model of the liability and lesser evil justifications of harm. Despite their respective provenance in consequentialist and deontological ethics, both justifications are, at root, rich forms of the proportionality relationship between a shared set of underlying normative variables. The nature of the proportionality relationship, and the conditions under which it operates, differ between the two forms of justification. The article explores these differences in detail and the implications they have for the justification (...) of self-defense and war. (shrink)

First published in 1903, this volume revolutionized philosophy and forever altered the direction of ethical studies. A philosopher’s philosopher, G. E. Moore was the idol of the Bloomsbury group, and Lytton Strachey declared that Principia Ethica marked the rebirth of the Age of Reason. This work clarifies some of moral philosophy’s most common confusions and redefines the science’s terminology. Six chapters explore: the subject matter of ethics, naturalistic ethics, hedonism, metaphysical ethics, ethics in relation to conduct, and the ideal. Moore's (...) simplicity of style and precise use of everyday language exercised an enormous influence on the development of analytic philosophy, and they contribute to the continuing resonance of his compelling arguments. (shrink)

The illusory appeal of double effect -- The significance of intent -- Means and ends -- Blame.

_The Ethics of Surveillance: An Introduction_ systematically and comprehensively examines the ethical issues surrounding the concept of surveillance. Addressing important questions such as: Is it ever acceptable to spy on one's allies? To what degree should the state be able to intrude into its citizens' private lives in the name of security? Can corporate espionage ever be justified? What are the ethical issues surrounding big data? How far should a journalist go in pursuing information? Is it reasonable to expect a (...) degree of privacy in public? Is it ever justifiable for a parent to read a child’s diary? Featuring case studies throughout this textbook provides a philosophical introduction to an incredibly topical issue studied by students within the fields of applied ethics, ethics of technology, privacy, security studies, politics, journalism and human geography. (shrink)

Proportionality is widely accepted as a necessary condition of justified self-defense. What gives rise to this particular condition and what role it plays in the justification of self-defense seldom receive focused critical attention. In this paper I address the standard of proportionality applicable to personal self-defense and the role that proportionality plays in justifying the use of harmful force in self-defense. I argue against an equivalent harm view of proportionality in self-defense, and in favor of a standard of proportionality in (...) self-defense that requires comparable seriousness and takes into account the wrong, as opposed simply to the harm that the victim is fending off. I distinguish the standard of proportionality in self-defense from proportionality in circumstances of necessity, and I discuss whether proportionality is an internal or an external constraint on the right of self-defense. (shrink)

The concept of surveillance has recently been complemented by the concept of sousveillance. Neither term, however, has been rigorously defined, and it is particularly unclear how to understand and delimit sousveillance. This article sketches a generic definition of surveillance and proceeds to explore various ways in which we might define sousveillance, including power differentials, surreptitiousness, control, reciprocity, and moral valence. It argues that for each of these ways of defining it, sousveillance either fails to be distinct from surveillance or to (...) provide a generally useful concept. As such, the article concludes that academics should avoid the neologism, and simply clarify what sense of surveillance is at stake when necessary. (shrink)

This essay critically examines some classic philosophical and legal theories of privacy, organized into four categories: the nonintrusion, seclusion, limitation, and control theories of privacy. Although each theory includes one or more important insights regarding the concept of privacy, I argue that each falls short of providing an adequate account of privacy. I then examine and defend a theory of privacy that incorporates elements of the classic theories into one unified theory: the Restricted Access/Limited Control (RALC) theory of privacy. Using (...) an example involving data-mining technology on the Internet, I show how RALC can help us to frame an online privacy policy that is sufficiently comprehensive in scope to address a wide range of privacy concerns that arise in connection with computers and information technology. (shrink)

In this article, we defend two claims about the precautionary principle. The first is that there is no ‘core’ precautionary principle that unifies all its different versions. It is more plausible to think of the different versions as being related to each other by way of family resemblances. So although precautionary principle x may have much in common with precautionary principle y, and y with z, there is no set of necessary and sufficient conditions that unify all versions of the (...) principle. Our second claim is that it is sometimes appropriate to think of the precautionary principle as a midlevel principle in the sense proposed by Beauchamp and Childress in their Principles of Biomedical Ethics, i.e. as a non-rigid moral principle. We argue that if the precautionary principle is conceived as a non-rigid principle that needs to be balanced against other principles before a moral verdict can be reached, then this enables us to address some standard objections to the principle. (shrink)

Over the past decade the use of closed circuit television (CCTV) as a means of crime prevention has reached unprecedented levels. Though critics of this development do not speak with one voice and have pointed to a number of different problems in the use of CCTV, one argument has played a dominant role in the debate, namely, that CCTV constitutes an unacceptable violation of people’s right to privacy. The purpose of this paper is to examine this argument critically. It is (...) suggested that the argument is hard to sustain. (shrink)

Questions of privacy have become particularly salient in recent years due, in part, to information-gathering initiatives precipitated by the 2001 World Trade Center attacks, increasing power of surveillance and computing technologies, and massive data collection about individuals for commercial purposes. While privacy is not new to the philosophical and legal literature, there is much to say about the nature and value of privacy. My focus here is on the nature of informational privacy. I argue that the predominant accounts of privacy (...) are unsatisfactory and offer an alternative: for a person to have informational privacy is for there to be limits on the particularized judgments that others are able to reasonably make about that person. (shrink)

Many of the contemporary disagreements regarding privacy are conceptual in nature. They concern the meaning or definition of privacy and the analytic basis of distinguishing privacy rights from other kinds of rights recognized within moral, political, or legal theories. The two main alternatives within this debate include reductionist views, which seek a narrow account of the kinds of invasions or intrusions distinctly involving privacy losses, and anti-reductionist theories, which treat a much broader array of interferences with a person as separate (...) and irreducible kinds of privacy invasions. Other theorists have expressed doubts about the prospects for achieving greater analytical precision even within a fairly expansive anti-reductionist approach. However, a reductionist privacy definition is defended in this article, and its primary theoretical virtues are its ability to unify and explain the insights of several competing definitions and its role in developing an account of privacy rights that is both internally coherent and consistent with a plausible understanding of the theoretical basis for a number of related rights. (shrink)

Several liberal philosophers and penal theorists have argued that the state has a reason to prohibit acts that harm individuals. But what is harm? According to one specification of harm, a person P is harmed by an act (or an event) a iff, as a result of a, P is made worse off in terms of well-being. One central question here involves the baseline against which we assess whether someone is ‘worse off’. In other words, when a person is harmed (...) he is worse off, certainly—but what is worse off a variation from? A central part of the paper critically discusses different answers to this question based on versions of what we can call: the temporal baseline, the baseline from mankind and the counterfactual baseline. Essentially, it will be argued that the counterfactual baseline leaves us with a better understanding of harming than the other baselines discussed. The final part of the paper will describe some of the implications of our investigation for the application and evaluation of the view that harm matters in the justification of which type of acts should be criminalized by the state. The overall conclusion of the paper is that adherents of a view like the harm principle face a dilemma. Either they can accept the counterfactual baseline but then, they can do without the harm principle. Or they can reject the counterfactual baseline—but then they will have to formulate an alternative baseline which, as will be shown in the paper, is no easy task. (shrink)

Because the poorest people tend to die from easily preventable diseases, addressing poverty is a relatively cheap way to save lives. War, by contrast, is extremely expensive. This article argues that, since states that wage war could alleviate poverty instead, poverty can render war unjust. Two just war theory conditions prove relevant: proportionality and last resort. Proportionality requires that war does not yield excessive costs in relation to the benefits. Standardly, just war theorists count only the direct costs: the death (...) and destruction wrought by war. This article argues that it can sometimes be appropriate to add the opportunity costs of a failure to alleviate poverty. Last resort is the condition that there must be no better alternative means of achieving the same just end for which the war is waged. This article argues that there are some cases in which alleviating poverty may constitute a better alternative. These are cases in which the most fitting description of the just end for war is sufficiently general that poverty alleviation offers a means to pursue it. The idea that poverty can sometimes render war unjust has, to date, been largely overlooked. It is, nevertheless, an idea with profound implications since, once taken seriously, war becomes much harder to justify. Wars that, in every other respect, seem just may prove disproportionate or unnecessary given the alternative of alleviating poverty. (shrink)

Utility discounting in intertemporal economic modelling has been viewed as problematic, both for descriptive and normative reasons. However, positive utility discount rates can be defended normatively; in particular, it is rational for future utility to be discounted to take into account model-independent outcomes when decision-making under risk. The resultant values will tend to be smaller than descriptive rates under most probability assignments. This also allows us to address some objections that intertemporal considerations will be overdemanding. A principle for utility discount (...) rates is suggested which is rooted in probability discounting. Utility discounting is defended against objections from Parfit (1984) and Broome (2005); Broome (2012). A sample utility discount rate is estimated. [Open access]. (shrink)

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There is a long-running debate as to whether privacy is a matter of control or access. This has become more important following revelations made by Edward Snowden in 2013 regarding the collection of vast swathes of data from the Internet by signals intelligence agencies such as NSA and GCHQ. The nature of this collection is such that if the control account is correct then there has been a significant invasion of people's privacy. If, though, the access account is correct then (...) there has not been an invasion of privacy on the scale suggested by the control account. I argue that the control account of privacy is mistaken. However, the consequences of this are not that the seizing control of personal information is unproblematic. I argue that the control account, while mistaken, seems plausible for two reasons. The first is that a loss of control over my information entails harm to the rights and interests that privacy protects. The second is that a loss of control over my information increases the risk that my information will be accessed and that my privacy will be violated. Seizing control of another's information is therefore harmful, even though it may not entail a violation of privacy. Indeed, seizing control of another's information may be more harmful than actually violating their privacy. (shrink)

It is often claimed that surveillance should be proportionate, but it is rarely made clear exactly what proportionate surveillance would look like beyond an intuitive sense of an act being excessive. I argue that surveillance should indeed be proportionate and draw on Thomas Hurka’s work on proportionality in war to inform the debate on surveillance. After distinguishing between the proportionality of surveillance per se, and surveillance as a particular act, I deal with objections to using proportionality as a legitimate ethical (...) measure. From there I argue that only certain benefits and harms should be counted in any determination of proportionality. Finally I look at how context can affect the proportionality of a particular method of surveillance. In conclusion, I hold that proportionality is not only a morally relevant criterion by which to assess surveillance, but that it is a necessary criterion. Furthermore, while granting that it is difficult to assess, that difficulty should not prevent our trying to do so. (shrink)

It is generally agreed that using lethal or otherwise serious force in self-defense is justified only when three conditions are satisfied: first, there are some grounds for the defender to give priority to his own interests over those of the attacker (whether because the attacker has lost the protection of his right to life, for example, or because of the defender’s prerogative to prefer himself to others); second, the harm used is proportionate to the threat thereby averted; third, the harm (...) is necessary to avert that threat. The first and second conditions have been exhaustively discussed, but the third has been oddly neglected. Meanwhile a prominent school of thought has arisen, in the ethics of war, which seeks to ground the justification of killing in war in principles of individual self-defense. They too have failed to offer any substantive analysis of necessity, while at the same time appealing to it when it suits them to do so. In this paper, I attempt a detailed analysis of the necessity constraint on defensive force, and explore the implications of that analysis for the attempt to transpose principles of individual self-defense into the context of warfare. (shrink)

The necessity constraint is at the heart of the ethics of both self-defense and war, and yet we know little about it. This article seeks to remedy that defect. It proceeds in two stages: first, an analysis of the concept of necessity in self-defense; second, an application of this analysis to war, looking at both its implications for just war theory and its application in the laws of war.

According to the Harm Principle, roughly, the state may coerce a person only if it can thereby prevent harm to others. Clearly, this principle depends crucially on what we understand by harm. Thus, if any sort of negative effect on a person may count as a harm, the Harm Principle will fail to sufficiently protect individual liberty. Therefore, a more subtle concept of harm is needed. I consider various possible conceptions and argue that none gives rise to a plausible version (...) of the Harm Principle. Whether we focus on welfare, quantities of welfare or qualities of welfare, we do not arrive at a plausible version of this principle. Instead, the concept of harm may be moralized. I consider various ways this may be done as well as possible rationales for the resulting versions of the Harm Principle. Again, no plausible version of the principle turns up. I also consider the prospect of including the Harm Principle in a decision-procedure rather than in a criterion of rightness. Finally, in light of my negative appraisal, I briefly discuss why this principle has seemed so appealing to liberals. (shrink)

The right to privacy is one of the rights most widely demanded today. Privacy has not always so been demanded. The reasons for the present concern for privacy are complex and obscure. They obviously relate both to the possibilities for very considerable enjoyment of privacy by the bulk of people living in affluent societies brought about by twentieth-century affluence, and to the development of very efficient methods of thoroughly and systematically invading this newly found privacy. However, interesting and important as (...) it is as a socio-philosophical inquiry, the concern of this paper is not with why privacy has come to be so highly prized, but rather with whether it is rightly prized, and if so, when and why. This means that my concern will be with what privacy is, what is its domain, whether there is a right to privacy, and, if so, whether it is an ultimate, basic, albeit, a prima facie right, or simply a conditional right. (shrink)

The precautionary principle has been widely discussed in the academic, legal, and policy arenas. This paper argues, however, that there is no single precautionary principle and we should stop referring to ?the? precautionary principle. Instead, we should talk about ?precaution? and ?precautionary approaches? more generally and identify and defend distinct precautionary principles of limited scope. Drawing on the vast literature on ?the? precautionary principle, this paper further argues that the challenges of decision making under conditions of uncertainty necessitate taking a (...) precautionary approach to decision making that will enable us to understand what particular precautionary principles require of us on a case-by-case basis. (shrink)

This paper argues that a precautionary approach to scientific progress of the sort advocated by Walter Glannon with respect to life-extending therapies involves both incoherence and irresolvable paradox. This paper demonstrates the incoherence of the precautionary approach in many circumstances and argues that with respect to life-extending therapies we have at present no persuasive reasons for a moratorium on such research.

The potential of surveillance practices to undermine the presumption of innocence is a growing concern amongst critics of surveillance. This paper attempts to assess the impact of surveillance on the presumption of innocence. It defends an account of the presumption of innocence as a protection against wrongful criminalisation against alternatives, and considers both the ways in which surveillance might undermine that protection and the—hitherto overlooked—ways in which it might promote it. It draws on empirical work on the causes of erroneous (...) convictions to suggest that surveillance can be used in ways that prevent innocent people being erroneously charged and convicted with crimes, by providing a source of exculpatory evidence for use in police investigations. It is argued that surveillance practices do not necessarily undermine the presumption of innocence but can be reformed in ways that both reduce the risk that they will cause wrongful criminalisation and increase their power to protect those already under suspicion. (shrink)

“[T]he Precautionary Principle still has neither a commonly accepted definition nor a set of criteria to guide its implementation. “There is”, Freestone … cogently observes, “a certain paradox in the widespread and rapid adoption of the Precautionary Principle”: While it is applauded as a “good thing”, no one is quite sure about what it really means or how it might be..

1. Introduction. In a famous passage near the beginning of A Theory of Justice, John Rawls discusses utilitarianism’s notorious difficulties with justice. According to classic forms of utilitarianism, a certain course of action is morally right if it produces the greatest sum of satisfactions. And, as Rawls points out, the perplexing implication is “…that it does not matter, except indirectly, how this sum of satisfactions is distributed among individuals any more than it matters, except indirectly, how one man distributes his (...) satisfactions over time.” He concludes the passage by saying that “[u]tilitarianism does not take seriously the distinction between persons.”. (shrink)

This paper develops a retributivist argument for leniency in punishment. It argues that even retributivists who defend desert-based punishment have a reason, internal to their view, to prefer more lenient over more severe punishments when there are doubts concerning how much punishment an offender deserves. This is because retributivists should take an asymmetrical view to underpunishment and overpunishment, and because the likelihood of overpunishment goes up with the severity of punishment. The radicalness of the ensuing leniency depends on the strength (...) of the asymmetry in value between underpunishment and overpunishment. (shrink)

I argue that there is nothing wrong with perfect voyeurism , covert watching or listening that is neither discovered nor publicized. After a brief discussion of privacy I present attempts from Stanley Benn, Daniel Nathan, and James Moor to show that the act is wrong. I argue that these authors fail to make their case. However, I maintain that, if detected or publicized, voyeurism can do grave harm and to that extent should be severely punished. I conclude with some thoughts (...) on the stubborn intuition that perfect voyeurism is wrong despite the absence of harm. (shrink)

The principle that a sentence should be proportionate to the seriousness of the offence remains at the centre of penal practice and scholarly debate. This volume explores highly topical aspects of proportionality theory that require examination and further analysis. von Hirsch and Ashworth explore the relevance of the principle of proportionality to the sentencing of young offenders, the possible reasons for departing from the principle when sentencing dangerous offenders, and the application of the principle to socially deprived offenders. They examine (...) the claim that the principle tends to be associated with greater severity in sentencing, and explore the relevance of penance and of restorative justice to proportionality theory. Their examination of arguments and counter-arguments culminates in a re-statement of the main criteria for proportionate sentencing.The authors are well known for their previous writings on proportionality theory, and this volume broadens the theory to deal with important contemporary issues in crime and punishment. (shrink)

In this book, David Boonin examines the problem of punishment, and particularly the problem of explaining why it is morally permissible for the state to treat those who break the law in ways that would be wrong to treat those who do not? Boonin argues that there is no satisfactory solution to this problem and that the practice of legal punishment should therefore be abolished. Providing a detailed account of the nature of punishment and the problems that it generates, he (...) offers a comprehensive and critical survey of the various solutions that have been offered to the problem and concludes by considering victim restitution as an alternative to punishment. Written in a clear and accessible style, The Problem of Punishment will be of interest to anyone looking for a critical introduction to the subject as well as to those already familiar with it. (shrink)

This book offers a critical examination of those theories and advances a new argument for punishment's justification, calling it the 'duty view'.

Fiona Woollard presents an original defence of the Doctrine of Doing and Allowing, according to which doing harm seems much harder to justify than merely allowing harm. She argues that the Doctrine is best understood as a principle that protects us from harmful imposition, and offers a moderate account of our obligations to offer aid to others.

Esteemed philosopher John Broome avoids the familiar ideological stances on climate change policy and examines the issue through an invigorating new lens. As he considers the moral dimensions of climate change, he reasons clearly through what universal standards of goodness and justice require of us, both as citizens and as governments. His conclusions—some as demanding as they are logical—will challenge and enlighten. Eco-conscious readers may be surprised to hear they have a duty to offset all their carbon emissions, while policy (...) makers will grapple with Broome’s analysis of what if anything is owed to future generations. From the science of greenhouse gases to the intricate logic of cap and trade, Broome reveals how the principles that underlie everyday decision making also provide simple and effective ideas for confronting climate change. Climate Matters is an essential contribution to one of the paramount issues of our time. (shrink)

An introduction to the ethical issues of surveillance in the Internet Encyclopedia of Philosophy.