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Punishment for the Greater Good
Punishment for the Greater Good examines the justification of punishment in the here and now, recognizing that we are uncertain about matters of both fact and value. With over ten million people incarcerated around the world, we don't have time to wait for the perfect moral theory: Kolber shows how to do the best we can with what we already know.
Of One-eyed and Toothless Miscreants
This volume examines scholarly and lay thinking about punishment of people convicted of crimes with particular emphasis on "making the punishment fit the crime." The contributors challenge the most prevalent current theories and emphasize the need for a shift away from the politicized emotionalism of recent decades. They argue that theories that coincided with mass incarceration and rampant injustice to countless individuals are evolving in ways that better countenance moving toward more humane and thoughtful approaches.
The Law and Ethics of Freedom of Thought, Volume 1
Freedom of thought is one of the great and venerable notions of Western thought, often celebrated in philosophical texts – and described as a crucial right in American, European, and International Law, and in that of other jurisdictions. What it means more precisely is, however, anything but clear; surprisingly little writing has been devoted to it. In the past, perhaps, there has been little need for such elaboration. As one Supreme Court Justice stressed, “[f]reedom to think is absolute of its own nature” because even “the most tyrannical government is powerless to control the inward workings of the mind.” But the rise of brain scanning, cognition enhancement, and other emerging technologies make this question a more pressing one. This volume provides an interdisciplinary exploration of how freedom of thought might function as an ethical principle and as a constitutional or human right. It draws on philosophy, legal analysis, history, and reflections on neuroscience and neurotechnology to explore what respect for freedom of thought (or an individual’s cognitive liberty or autonomy) requires.
Philosophical Foundations of Law and Neuroscience
Bringing together the latest work from leading scholars in this emerging and vibrant subfield of law, this book examines the philosophical issues that inform the intersection between law and neuroscience.
Vagueness and Law
Vague expressions are omnipresent in natural language. As such, their use in legal texts is virtually inevitable. If a law contains vague terms, the question whether it applies to a particular case often lacks a clear answer. One of the fundamental pillars of the rule of law is legal certainty. The determinacy of the law enables people to use it as a guide and places judges in the position to decide impartially. Vagueness poses a threat to these ideals. In borderline cases, the law seems to be indeterminate and thus incapable of serving its core rule of law value. In the philosophy of language, vagueness has become one of the hottest topics of the last two decades. Linguists and philosophers...
The Psychology of Tort Law
"This book explores tort law through the lens of psychological science. Drawing on a wealth of psychological research and their own experiences teaching and researching tort law, the authors examine the psychological assumptions that underlie doctrinal rules. They explore how tort law influences the behavior and decision making of potential plaintiffs and defendants, examining how doctors and patients, drivers, manufacturers and purchasers of products, property owners, and others make decisions against the backdrop of tort law. They show how the judges and jurors who decide tort claims are influenced by psychological phenomena in deciding cases. And they reveal how plaintiffs, defendants, and their attorneys resolve tort disputes in the shadow of tort law."--Page 4 of cover.
Knowing the Suffering of Others
In Knowing the Suffering of Others, legal scholar Austin Sarat brings together essays that address suffering as it relates to the law, highlighting the ways law imagines suffering and how pain and suffering become jurisprudential facts. From fetal imaging to end-of-life decisions, torts to international human rights, domestic violence to torture, and the law of war to victim impact statements, the law is awash in epistemological and ethical problems associated with knowing and imagining suffering. In each of these domains we might ask: How well do legal actors perceive and understand suffering in such varied domains of legal life? What problems of representation and interpretation bedevil ef...
An Introduction to Utilitarianism
An Introduction to Utilitarianism: From Theory to Practice is a state-of-the-art text, simultaneously accessible to introductory students and informative for more advanced readers. Two key features set it apart. First, its comprehensive coverage of the arguments for and against utilitarianism is unparalleled. Second, it takes seriously the practical implications of utilitarianism for how we should live, with a particular emphasis on utilitarianism's impartial beneficence and its focus on effectiveness. Guided by the conviction that practical ethics is more about how best to use our limited time and resources than which victims to hit with trolleys in thought experiments, its practical upshots should prove amenable to utilitarians and non-utilitarians alike.
