During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from (...) both the Anglo-American and European traditions. Not only does it help make some of the best work avail able to an international audience, but it also encourages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, although some edited volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of internationally renowed scholars. Legal philosophy should not be considered a narrowly circumscribed field. (shrink)

This book explores a much-neglected area of moral philosophy--the typology of immorality.

At the heart of ethics reside the concepts of good and bad; they are at work when we assess whether a person is virtuous or vicious, an act right or wrong, a decision defensible or indefensible, a goal desirable or undesirable. But there are many varieties of goodness and badness. At their core lie intrinsic goodness and badness, the sort of value that something has for its own sake. It is in virtue of intrinsic value that other types of value (...) may be understood, and hence that we can begin to come to terms with questions of virtue and vice, right and wrong, and so on. This book investigates the nature of intrinsic value: just what it is for something to be valuable for its own sake, just what sort of thing can have such value, just how such a value is to be computed. In the final chapter, the fruits of this investigation are applied to a discussion of pleasure, pain, and displeasure and also of moral virtue and vice, in order to determine just what value lies within these phenomena. (shrink)

Discusses the incompatibility of the concepts of free will and determinism and argues that moral responsibility needs the doctrine of free will.

First published in 1969. Routledge is an imprint of Taylor & Francis, an informa company.

The Right and the Good, a classic of twentieth-century philosophy by the eminent scholar Sir David Ross, is now presented in a new edition with a substantial introduction by Philip Stratton-Lake, a leading expert on Ross. Ross's book is the pinnacle of ethical intuitionism, which was the dominant moral theory in British philosophy for much of the nineteenth and early twentieth century. Intuitionism is now enjoying a considerable revival, and Stratton-Lake provides the context for a proper understanding of Ross's great (...) work today. (shrink)

This book explores the epistemic or knowledge requirement of moral responsibility. Haji argues that an agent can be blamed (or praised) only if the agent harbors a belief that the action in question is wrong (or right or obligatory). Defending the importance of an "authenticity" condition when evaluating moral responsibility, Haji holds that one cannot be morally responsible for an action unless the action issues from sources (like desires or beliefs) that are truly the agent's own. Engaging crucial arguments in (...) moral theory to elaborate his views on moral responsibility, Haji addresses as well fascinating, underexamined topics such as assigning blame across an intercultural gap and the relevance of unconscious or dream thoughts when evaluating responsibility. (shrink)

Schlossberger contends that we are to be judged morally on the basis of what we are, our "world-view," rather than what we do.In Moral Responsibility and ...

This superbly crafted account of the notion of moral responsibility and of its relations to freedom, control, ignorance, negligence, attempts, omissions, compulsion, mental disorders, virtues and vices, desert, and punishment fills that gap. The treatment of character and luck is particularly sophisticated and well-argued.

Franz Brentano developed an original theory of intrinsic value which he attempted to base on his philosophical psychology. Roderick Chisholm presents here a critical exposition of this theory and its place in Brentano's general philosophical system. He gives a detailed account of Brentano's ontology, showing how Brentano tried to secure objectivity for ethics not through a theory of practical reason, but through his theory of the intentional objects of emotions and desires. Professor Chisholm goes on to develop certain suggestions about (...) intrinsic value made by Brentano and his students, and discusses their relevance to theodicy and the problem of evil. Brentano, as the teacher of Husserl, Meinong, Twardowski, and others, stands at the origin of the phenomenological tradition and of the Polish school of philosophy that developed after World War I. He has also had considerable influence on Anglo-American philosophy. This book will interest those concerned with the origins of phenomenological value theory and more generally with the connections between ethics and philosophical psychology. (shrink)

The paper presents and discusses the so-called Wrong Kind of Reasons Problem (WKR problem) that arises for the fitting-attitudes analysis of value. This format of analysis is exemplified for example by Scanlon's buck-passing account, on which an object's value consists in the existence of reasons to favour the object- to respond to it in a positive way. The WKR problem can be put as follows: It appears that in some situations we might well have reasons to have pro-attitudes toward objects (...) that are not valuable. Or vice versa: we might have reasons not to have pro-attitudes toward some valuable objects. The paper goes through several attempts to solve (or dissolve) the WKR problem and argues that none of them is fully satisfactory. (shrink)

According to T. M. Scanlon's 'buck-passing' analysis of value, x is good means that x has properties that provide reasons to take up positive attitudes vis-à-vis x. Some authors have claimed that this idea can be traced back to Franz Brentano, who said in 1889 that the judgement that x is good is the judgement that a positive attitude to x is correct ('richtig'). The most discussed problem in the recent literature on buckpassing is known as the 'wrong kind of (...) reason' problem (the WKR problem): it seems quite possible that there is sometimes reason to favour an object although that object is not good and possibly very evil. The problem is to delineate exactly what distinguishes reasons of the right kind from reasons of the wrong kind. In this paper we offer a Brentano-style solution. We also note that one version of the WKR problem was put forward by G. E. Moore in his review of the English translation of Brentano's Vom Ursprung sittlicher Erkenntnis. Before getting to how our Brentano-style approach might offer a way out for Brentano and the buck-passers, we briefly consider and reject an interesting attempt to solve the WKR problem recently proposed by John Skorupski. (shrink)

R. Jay Wallace argues in this book that moral accountability hinges on questions of fairness: When is it fair to hold people morally responsible for what they do? Would it be fair to do so even in a deterministic world? To answer these questions, we need to understand what we are doing when we hold people morally responsible, a stance that Wallace connects with a central class of moral sentiments, those of resentment, indignation, and guilt. To hold someone responsible, he (...) argues, is to be subject to these reactive emotions in one's dealings with that person. Developing this theme with unusual sophistication, he offers a new interpretation of the reactive emotions and traces their role in our practices of blame and moral sanction. With this account in place, Wallace advances a powerful and sustained argument against the common view that accountability requires freedom of will. Instead, he maintains, the fairness of holding people responsible depends on their rational competence: the power to grasp moral reasons and to control their behavior accordingly. He shows how these forms of rational competence are compatible with determinism. At the same time, giving serious consideration to incompatibilist concerns, Wallace develops a compelling diagnosis of the common assumption that freedom is necessary for responsibility. Rigorously argued, eminently readable, this book touches on issues of broad concern to philosophers, legal theorists, political scientists, and anyone with an interest in the nature and limits of responsibility. (shrink)

"This is an important book, and no one interested in issues which touch on the free will will want to ignore it."--Ethics. In this stimulating and thought-provoking book, the author defends the thesis that free will is incompatible with determinism. He disputes the view that determinism is necessary for moral responsbility. Finding no good reason for accepting determinism, but believing moral responsiblity to be indubitable, he concludes that determinism should be rejected.

The doyen of living English philosophers, by these reflections, took hold of and changed the outlook of a good many other philosophers, if not quite enough. He did so, essentially, by assuming that talk of freedom and responsibility is talk not of facts or truths, in a certain sense, but of our attitudes. His more explicit concern was to look again at the question of whether determinism and freedom are consistent with one another -- by shifting attention to certain personal (...) rather than moral attitudes, first of all gratitude and resentment. In the end, he arrived at a kind of Compatibilist or, as he says, Optimist conclusion. That is no doubt a recommendation but not the largest recommendation of this splendidly rich piece of philosophy. (shrink)

Responsibility and the Moral Sentiments offers an account of moral responsibility. It addresses the question: what are the forms of capacity or ability that render us morally accountable for the things we do? A traditional answer has it that the conditions of moral responsibility include freedom of the will, where this in turn involves the availability of robust alternative possibilities. I reject this answer, arguing that the conditions of moral responsibility do not include any condition of alternative possibilities. In the (...) terms that have become familiar, the book thus defends a compatibilist account of moral responsibility. (shrink)

Fred Feldman is an important philosopher, who has made a substantial contribution to utilitarian moral philosophy. This collection of ten previously published essays plus a new introductory essay reveal the striking originality and unity of his views. Feldman's version of utilitarianism differs from traditional forms in that it evaluates behaviour by appeal to the values of accessible worlds. These worlds are in turn evaluated in terms of the amounts of pleasure they contain, but the conception of pleasure involved is a (...) novel one and the formulation of hedonism improved. In Feldman's view pleasure is not a feeling but a propositional attitude. He also deals with problems of justice that affect standard forms of utilitarianism. The collection is ideally suited for courses on contemporary utilitarian theory. (shrink)

This book addresses some basic questions about intrinsic value: What is it? What has it? What justifies our beliefs about it? In the first six chapters the author defends the existence of a plurality of intrinsic goods, the thesis of organic unities, the view that some goods are 'higher' than others, and the view that intrinsic value can be explicated in terms of 'fitting' emotional attitudes. The final three chapters explore the justification of our beliefs about intrinsic value, including coherence (...) theories and the idea that some value beliefs are warranted on the basis of emotional experience. Professor Lemos defends the view that some value beliefs enjoy 'modest' a priori justification. The book is intended primarily for professional philosophers and their graduate students working in ethics, value theory and epistemology. (shrink)

This book provides a comprehensive, systematic theory of moral responsibility. The authors explore the conditions under which individuals are morally responsible for actions, omissions, consequences, and emotions. The leading idea in the book is that moral responsibility is based on 'guidance control'. This control has two components: the mechanism that issues in the relevant behavior must be the agent's own mechanism, and it must be appropriately responsive to reasons. The book develops an account of both components. The authors go on (...) to offer a sustained defense of the thesis that moral responsibility is compatible with causal determinism. (shrink)

In this book Michael McKenna advances a new theory of moral responsibility, one that builds upon the work of P.F. Strawson.

Explores aspects of responsibility, including moral accountability; hierarchy, rationality, and the real self; and ethical responsibility and alternative possibilities.

First published in Great Britain in 1948, this book examines the definition of goodness as being distinct from the question of What things are good? Although less immediately and obviously practical, Dr. Ewing argues that the former question is more fundamental since it raises the issue of whether ethics is explicable wholly in terms of something else, for example, human psychology. Ewing states in his preface that the definition of goodness needs to be confirmed before one decides on the place (...) value is to occupy in our conception of reality or on the ultimate characteristics which make one action right and another wrong. This book discusses these issues. (shrink)

Since the 1970s Gary Watson has published a series of brilliant and highly influential essays on human action, examining such questions as: in what ways are we free and not free, rational and irrational, responsible or not for what we do? Moral philosophers and philosophers of action will welcome this collection, representing one of the most important bodies of work in the field.

First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.

First published in Great Britain in 1948, this book examines the definition of goodness as being distinct from the question of _What things are good?_ Although less immediately and obviously practical, Dr. Ewing argues that the former question is more fundamental since it raises the issue of whether ethics is explicable wholly in terms of something else, for example, human psychology. Ewing states in his preface that the definition of goodness needs to be confirmed before one decides on the place (...) value is to occupy in our conception of reality or on the ultimate characteristics which make one action right and another wrong. This book discusses these issues. (shrink)

According to T.M. Scanlon's buck-passing account of value, to be valuable is not to possess intrinsic value as a simple and unanalysable property, but rather to have other properties that provide reasons to take up an attitude in favour of their owner or against it. The 'wrong kind of reasons' objection to this view is that we may have reasons to respond for or against something without this having any bearing on its value. The challenge is to explain why such (...) reasons are of the wrong kind. This is what I set out to do, after illustrating the objection more thoroughly. (shrink)

T. M. Scanlon has revived a venerable tradition according to which something's being good consists in its being such that there is a reason to respond positively towards it. He has presented novel arguments for this thesis. In this article, I first develop some refinements of the thesis with a view to focusing on intrinsic value in particular, then discuss the relation between the thesis and consequentialism, then critically examine Scanlon's arguments for the thesis, and finally turn to the question (...) whether we should reject the thesis on the grounds that, when there is a reason to respond positively towards something, this is so because the thing in question is good. Two appendices follow. In the first, I discuss whether it is good to do right. In the second, I discuss whether an act's being wrong provides a reason not to do it. (shrink)

The article explores the limits of buck-passing analysis in evaluating value or goodness. It talks about the inability of back-passers to account for two important types of value or goodness, which include excellence and means. The use of delimiting strategy in buck-passing analysis in order to be in possession of goodness is discussed.