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Risk and Responsibility in Context
This volume bridges contemporary philosophical conceptions of risk and responsibility and offers an extensive examination of the topic. It shows that risk and responsibility combine in ways that give rise to new philosophical questions and problems. Philosophical interest in the relationship between risk and responsibility continues to rise, due in no small part due to environmental crises, emerging technologies, legal developments, and new medical advances. Despite such interest, scholars are just now working out how to conceive of the links between risk and responsibility, the implications that risks may have to conceptions of responsibility (and vice versa), as well as how such theorizing...
Natural Law and Modern Society
Modern society is riven by social divisions: between conservatives and progressives; liberals and socialists; the mainstream and the rise of far-right political groups etc. Instead of truth, there are ‘post-truth’ and ‘alternative facts’. In the wake of problems caused by untruthful politicians and world leaders, by Brexit and Covid, the need to repair or rebuild our communities has become paramount, but what kind of community should we build, and on what foundations? This book suggests that natural law is such a foundation. Natural Law and Modern Society presents a new theory of natural law, grounded in the thought of Saint Thomas Aquinas, aimed at answering questions relevant to th...
Responsibility Collapses
Our worldview assumes that people are morally responsible. Our emotions, beliefs, and values assume that a person is responsible for what she thinks and does, and that this is a good thing. This book argues that this worldview is false. It provides four arguments for this conclusion that build on the free will and responsibility literatures in original and insightful ways: 1. Foundation: No one is responsible because there is no foundation for responsibility. A foundation for responsibility is something for which a person is responsible but not by being responsible for something else. 2. Epistemic Condition: No one is responsible because no one fulfills the epistemic condition necessary for ...
Legal Doctrinal Scholarship
Providing a comprehensive account of the often-misunderstood area of legal doctrinal scholarship, this incisive book offers a novel framing for conceptual legal theory and the functions of conceptual theorising in legal studies. It explores the ways in which a doctrinally oriented legal theory may provide methodological support to legal scholars, arguing that making adequate sense of the rational reconstruction of law is pivotal in delivering such active support.
The Temporal Dimension of Justice
Should historical injustices always be repaired? Upon scrutinising public institutions and present holdings, it becomes evident that many are partially the result of past injustices. Consequently, the imperative to rectify and repair historical injustices emerges. However, as circumstances change over time and these changes affect justice, the argument for repairing historical injustices becomes more intricate. The distributive and reparative aspects of justice may be in tension with each other. Possible tensions between these aspects of justice are assessed by discussing the thesis about the supersession of historical injustices. Different facets of the supersession thesis are evaluated in ...
War Refugees
The current refugee crisis is unparalleled in history in its size and severity. According to the UNHCR, there are roughly 67 million refugees worldwide, the vast majority of whom are refugees as the result of wars and other military actions. This social and political crisis cries out for normative explanation and analysis. Morally and politically, how should we understand the fact that 1 in every 122 humans is a refugee? How should we respond to it, and why? Jennifer Kling argues that war refugees have suffered, and continue to suffer, a series of harms, wrongs, and oppressions, and so are owed recompense, restitution, and aid—as a matter of justice—by sociopolitical institutions around ...
Moral Thought Outside Moral Theory
This book argues there can be no theory of ethics and that any attempt at such a theory ends up distorting the moral phenomena that it is supposed to explain. It presents clear examples of moral thought outside moral theorising through literature and Wittgenstein’s later philosophy. The book’s precise target is moral theory understood as a theory of right action. The author begins by arguing against the assumption central to moral theory that moral judgments are universalizable; that what it is right for one agent to do in a given situation is what is right for any agent in that same situation. Rather, moral judgments are essentially first personal. The author's specific contention here ...
Pandemic Ethics
In this timely and vital collection a global team of philosophers, lawyers, economists, and bioethicists review the COVID-19 pandemic and ask not only 'Did our societies make the right ethical choices?' but also 'What lessons must we learn before the next pandemic?'
Rethinking Rights
Re-thinking Rights: Historical Development and Philosophical Justificationtakes a new look at the history of individual rights, focussing on the way that philosophers have written that history. The scholastics and early modern writers used the notion of natural rights to debate the big moral and political questions of the day, such as the treatment of Indigenous Americans under Spanish rule. John Locke put natural rights at the centre of liberal political thought. But as the idea grew in strength and influence, empiricist and positivist philosophers punctured it with attacks of logical incompetence and illegitimate appeals to theology and metaphysics. Philosophers then turned to law and juri...
Good Ethics and Bad Choices
An analysis of how findings in behavioral economics challenge fundamental assumptions of medical ethics, integrating the latest research in both fields. Bioethicists have long argued for rational persuasion to help patients with medical decisions. But the findings of behavioral economics—popularized in Thaler and Sunstein’s Nudge and other books—show that arguments depending on rational thinking are unlikely to be successful and even that the idea of purely rational persuasion may be a fiction. In Good Ethics and Bad Choices, Jennifer Blumenthal-Barby examines how behavioral economics challenges some of the most fundamental tenets of medical ethics. She not only integrates the latest r...
