This book analyses the general structure of constitutional rights reasoning under the German Basic Law. It deals with a wide range of problems common to all systems of constitutional rights review. In an extended introduction the translator argues for its applicability to the British Constitution, with particular reference to the Human Rights Act 1998.

The article begins with an outline of the balancing construction as developed by the German Federal Constitutional court since the Lüth decision in 1958. It then takes up two objections to this approach raised by Jürgen Habermas. The first maintains that balancing is both irrational and a danger for rights, depriving them of their normative power. The second is that balancing takes one out of the realm of right and wrong, correctness and incorrectness, and justification, and, thus, out of the (...) realm of the law. The article attempts to counter these objections by showing that there exists a rational structure of balancing that can be made explicit by a “Law of Balancing” and a “Disproportionality Rule.” These rules show, first, that balancing is not a danger for rights but, on the contrary, a necessary means of lending them protection, and second, that balancing is not an alternative to argumentation but an indispensable form of rational practical discourse. (shrink)

Ross, Alf. On Law and Justice. Berkeley: University of California Press, 1959. xi, 383 pp. Reprint available December 2004 by the Lawbook Exchange, Ltd.

In this much-anticipated book, Jonathan Dancy offers the only available full-scale treatment of particularism in ethics, a view with which he has been associated for twenty years. Dancy now presents particularism as the view that the possibility of moral thought and judgement does not in any way depend on an adequate supply of principles. He grounds this claim on a form of reasons-holism, holding that what is a reason in one case need not be any reason in another, and maintaining (...) that moral reasons are no different in this respect from others. Ethics Without Principles offers detailed treatment and criticism of opposing positions of all sorts, with useful summaries. It also contains three chapters on the nature of what Dancy calls 'contributory' reasons, which, though the topic of much interest at the moment, are not often discussed in anything like the detail given here. And it offers a distinctive form of value-holism to go with the holism of reasons. As Dancy's definitive statement on particularism, the book will be required reading for all those working on moral philosophy and ethical theory. (shrink)

A timely and penetrating investigation, this book seeks to transform moral philosophy. In the face of continuing disagreement about which general moral principles are correct, there has been a resurgence of interest in the idea that correct moral judgements can be only about particular cases. This view--moral particularism --forecasts a revolution in ordinary moral practice that has until now consisted largely of appeals to general moral principles. Moral particularism also opposes the primary aim of most contemporary normative moral theory that (...) attempts to show that either one general principle, or a set of general principles, is superior to all its rivals. (shrink)

This collection of previously unpublished essays addresses a number of issues arising out of philosophical controversies over the possibility of genuine moral dilemmas. Issues addressed include the form of a moral dilemma; the paradoxes a moral dilemma is said to entail; the question of whether a moral dilemma must exhibit inconsistency; the role of intractable circumstances in occasioning moral dilemmas; and the plausibility of supposing that there might be rational ways of addressing moral dilemmas in practice. The contributors, writing from (...) a number of widely differing points of view, include Simon Blackburn, Ruth Barcan Marcus, Alan Donagan, Terrance McConnell, Walter Sinnott-Armstrong, Mary Mothersill, Norman Dahl, David Brink, Peter Railton, Thomas E. Hill, Jr., Christopher Gowans, and H.E. Mason. (shrink)

This book attempts to place a realist view of ethics (the claim that there are facts of the matter in ethics as elsewhere) within a broader context. It starts with a discussion of why we should mind about the difference between right and wrong, asks what account we should give of our ability to learn from our moral experience, and looks in some detail at the different sorts of ways in which moral reasons can combine to show us what we (...) should do in the circumstances. The second half of the book uses these results to mount an attack on consequentialism in ethics, arguing that there are more sorts of reasons around than consequentialists can even dream of. (shrink)

The essays in this volume illuminate a central topic in ethical theory: moral dilemmas. Some contemporary philosophers dispute the traditional view that a true moral dilemma -- a situation in which a person has two irreconcilable moral duties -- cannot exist. This collection provides the historical background to the ongoing debate with selections from Kant, Mill, Bradley, and Ross. The best recent work on the question is represented in essays by Donagan, Foot, Hare, Marcus, Nagel, van Fraassen, Williams, and others.

Marcus argues that moral dilemmas are real, but that they are not the result of inconsistent moral principles. Moral principles are consistent just in case there is some world where all principles are 'obeyable.' They are inconsistent just in case there is no world where all are 'obeyable.' What this logical point is meant to show is that moral dilemmas do not make moral codes inconsistent. She also discusses guilt, and argues that guilt is still appropriate even in cases of (...) conflict, even when the agent thinks the right thing to do is clear. (shrink)

This is a short review of Moral Particularism, ed. Brad Hooker and Margaret Little (Oxford University Press, 2002).

An introductory chapter that maps the possible views about the relation between moral thought and moral principles, showing how extreme the particularist position is. Particularism is contrasted with Rossian intuitionism and its use of prima facie principles; and the particularist account of moral reasoning is contrasted with non-monotonic theories, and with the views of Kagan and Scanlon.