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The New Philosophy of Criminal Law
There is no more vivid example of a state’s power over its citizens than the criminal law. By criminalizing various behaviours, the state sets boundaries on what we can and cannot do. And the criminal law is in many ways unique in the harshness of its sanctions. But traditional criminal law theory has for too long focussed on the questions, “what is a crime?” and “what is the justification of punishment?” The significance of the criminal law extends beyond these questions; indeed, critical philosophical questions underlie all aspects of the criminal justice system. The criminal law engages us not just as offenders or potential offenders, but also as victims, suspects, judges and jurors, prosecutors and defenders—and as citizens. The authors in this volume go beyond traditional questions to challenge our conventional understandings of the criminal law. In doing so, they draw from a number of disciplines including philosophy, history, and social science.
The Palgrave Handbook of Applied Ethics and the Criminal Law
This handbook consists of essays on contemporary issues in criminal law and their theoretical underpinnings. Some of the essays deal with the relationship between morality and criminalization. Others deal with criminalization in the context of specific crimes such as fraud, blackmail, and revenge pornography. The contributors also address questions of responsible agency such as the effects of addiction or insanity, and some deal with punishment, its mode and severity, and the justness of the state’s imposition of it. These chapters are authored by some of the most distinguished scholars in the fields of applied ethics, criminal law, and jurisprudence.
The Palgrave Handbook on the Philosophy of Punishment
This Handbook provides a comprehensive survey of major topics in the philosophy of punishment from many of the field’s leading scholars. Key features Presents a history of punishment theory from ancient times to the present. Evaluates the main proposed justifications of punishment, including retributivism, general and specific deterrence theories, mixed theories, expressivism, societal-defense theory, fair play theory, rights forfeiture theory, and the public health-quarantine model. Discusses sentencing, proportionality, policing, prosecution, and the role punishment plays in the context of the state. Examines advances in neuroscience and debates about whether free will skepticism undermines the justifiability of punishment. Considers forgiveness, restorative justice, and calls to abolish punishment. Addresses pressing social issues such as mass incarceration, juvenile justice, punitive torture, the death penalty, and “cruel and unusual” punishment. · With its unmatched breadth and depth, this book is essential reading for scholars who want to keep abreast of the field and for advanced students wishing to explore the frontiers of the subject.
The Rise of Corporate Religious Liberty
What are the rights of religious institutions? Should those rights extend to for-profit corporations? Houses of worship have claimed they should be free from anti-discrimination laws in hiring and firing ministers and other employees. Faith-based institutions, including hospitals and universities, have sought exemptions from requirements to provide contraception. Now, in a surprising development, large for-profit corporations have succeeded in asserting rights to religious free exercise. The Rise of Corporate Religious Liberty explores this "corporate" turn in law and religion. Drawing on a broad range perspectives, this book examines the idea of "freedom of the church," the rights of for-profit corporations, and the implications of the Supreme Court's landmark decision in Burwell v. Hobby Lobby for debates on anti-discrimination law, same-sex marriage, health care, and religious freedom.
A Christian Approach to Corporate Religious Liberty
This book addresses one of the most urgent issues in contemporary American law—namely, the logic and limits of extending free exercise rights to corporate entities. Pointing to the polarization that surrounds disputes like Burwell v. Hobby Lobby, David argues that such cases need not involve pitting flesh-and-blood individuals against the rights of so-called “corporate moral persons.” Instead, David proposes that such disputes should be resolved by attending to the moral quality of group actions. This approach shifts attention away from polarizing rights-talk and towards the virtues required for thriving civic communities. More radically, however, this approach suggests that groups themselves should not be viewed as things or “persons” in the first instance, but rather as occasions of coordinated activity. Discerned in the writings of Saint Thomas Aquinas, this reconceptualization helps illuminate the moral stakes of a novel—and controversial—form of religious freedom.
Religion and Political Theory
Religion and religious diversity now occupy a central place in several prominent debates in contemporary political theory, such as those concerning the meaning(s) and relevance of secularism, the place of religious reasons in political deliberation, and whether religious beliefs and practices deserve special treatment by laws and public institutions. That religion has once again become a divisive topic amongst political theorists is perhaps surprising, given the widespread consensus about such staples of liberal political morality as the separation of church and state and the principle of religious freedom. Featuring the work of both established and up-and-coming scholars, this collection will take stock of the recent turn towards religion in political theory, identify some of the major unresolved challenges and issues, and suggest new avenues for theoretical inquiry. Taken as a whole, the collection showcases some cutting-edge work by leading scholars of religion and political theory and demonstrates the vitality of religion and political theory as a research agenda.
New Voices on Adam Smith
In recent years, there has been a resurgence of academic interest in Adam Smith. As a consequence, a large number of PhD dissertations on Smith have been written by international scholars - in different languages, and in many diverse disciplines, including economics, women’s studies, philosophy, science studies, political theory and english literature: diversity which has enriched the area of study. In response to this activity, and in order to making these contributions more easily accessible to other Smith scholars, Leonidas Montes and Eric Schliesser have edited this important new book. Of interest to Smith scholars and those interested in the history of economic thought in general, the contributions to this book are self-consciously interdisciplinary and skilfully employ many different methodologies.
The Coerced Conscience
This book uncovers the threat of conformity to liberty of conscience, past and present.
Reconstructing Public Reason
MacGilvray argues that we should shift our attention away from the problem of identifying uncontroversial public ends in the present and toward the problem of evaluating potentially controversial public ends through collective inquiry over time.
The Politics of Belonging
The Politics of Belonging represents an innovative collaboration between political theorists and political scientists for the purposes of investigating the liberal and pluralistic traditions of nationalism. Alain Dieckhoff introduces an indispensable collection of work for anyone dealing with questions of identity, ethnicity, and nationalism.
