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In the essays that follow, Fred Berger argues for freedom of expression, civil disobedience, affirmative action and what he calls liberal judicial activism and against sex-role stereotyping, paternalism and the censorship of pornography. Underlying his liberalism is a unified theory. That theory consists of a conception of rights, a theory of value and a theory of government. The conception of a right that Berger defends derives from J ohn Stuart Mill and is captured by what he calls "the rights formula": to have a right is to have important interests that society ought to protect as a matter of general rule (pp. 2, 7, 17-18, 19, 95). Since rights are to be protected by general rule, case-by-case consideration of consequences is ruled out (pp. 3, 18, 96) and neither modest increases in the general welfare, nor majority opinion, can justify the violation of a right (pp. 14-15; 17-18). Berger combines this view of the nature of a right with an objective theory of value according to which the important interests that ought to be protected are ones that people have "whether they know them or not, whether they desire that in which they have an interest or not" (p.
In the essays that follow, Fred Berger argues for freedom of expression, civil disobedience, affirmative action and what he calls liberal judicial activism and against sex-role stereotyping, paternalism and the censorship of pornography. Underlying his liberalism is a unified theory. That theory consists of a conception of rights, a theory of value and a theory of government. The conception of a right that Berger defends derives from J ohn Stuart Mill and is captured by what he calls "the rights formula": to have a right is to have important interests that society ought to protect as a matter of general rule (pp. 2, 7, 17-18, 19, 95). Since rights are to be protected by general rule, case-by-case consideration of consequences is ruled out (pp. 3, 18, 96) and neither modest increases in the general welfare, nor majority opinion, can justify the violation of a right (pp. 14-15; 17-18). Berger combines this view of the nature of a right with an objective theory of value according to which the important interests that ought to be protected are ones that people have "whether they know them or not, whether they desire that in which they have an interest or not" (p.
This volume collects David Lyons' well-known essays on Mill's moral theory and includes an introduction which relates the essays to prior and subsequent philosophical developments. Like the author's Forms and Limits of Utilitarianism (Oxford, 1965), the essays apply analytical methods to issues in normative ethics. The first essay defends a refined version of the beneficiary theory of rights against H.L.A. Hart's important criticisms. The central set of essays develops new interpretations of Mill's moral theory with the aim of determining how far rights can be incorporated in a utilitarian framework. They Mill's analysis of moral concepts promises to accommodate the argumentative force of rights, and also provide a significant new reading of Mill's theory of liberty. The last essay argues that the promise of Mill's theory of justice cannot be fulfilled. Utilitarianism is unable to account for crucial features of moral rights, or even for the moral force of legal rights whose existence might be justified on utilitarian grounds.
This volume seeks to disentangle the limits and possibilities of the tradition of civil disobedience: in what circumstances is it right, or perhaps necessary, to say "no"? The jurisprudential and philosophical literature discussed here is truly enormous and provides a complex and reliable overview of the main problems.
The notion of belief figures prominently in contemporary philosophy of language and mind and in cognitive science. These essays address a range of issues concerning the complexity of our belief attitudes, their contents, and the influence of motivational factors on beliefs. The book is addressed to philosophers, psychologists, cognitive scientists and social theorists interested in the problem of representation, metarepresentation and the contents of propositional attitudes.
Morality and mental health are now inseparably linked in our view of character. Alcoholics are sick, yet they are punished for drunk driving. Drug addicts are criminals, but their punishment can be court ordered therapy. The line between character flaws and personality disorders has become fuzzy, with even the seven deadly sins seen as mental disorders. In addition to pathologizing wrong-doing, we also psychologize virtue; self-respect becomes self-esteem, integrity becomes psychological integration, and responsibility becomes maturity. Moral advice is now sought primarily from psychologists and therapists rather than philosophers or theologians.In this wide-ranging, accessible book, Mike W....
The second volume in Joel Feinberg's series The Moral Limits of the Criminal Law, Offense to Others focuses on the "offense principle," which maintains that preventing shock, disgust, or revulsion is always a morally relevant reason for legal prohibitions. Feinberg clarifies the concept of an "offended mental state" and further contrasts the concept of offense with harm. He also considers the law of nuisance as a model for statutes creating "morals offenses," showing its inadequacy as a model for understanding "profound offenses," and discusses such issues as obscene words and social policy, pornography and the Constitution, and the differences between minor and profound offenses.
This book takes a multidisciplinary approach to the issues surrounding freedom of expression, looking at the current legal position in a number of European countries as well as engaging with the wider debates on the topic amongst sociologists, political scientists and economists. In the book Vincenzo Zeno-Zencovich addresses recent developments which have had a bearing on the debate including the changes in communication brought about by the internet, and the growing role of the European Union and the Council of Europe.
The unique approach taken within The Ethics of Patriotism brings together the differing perspectives of three leading figures in the philosophical debate who deliver an up-to-date, accessible, and vigorous presentation of the major views and arguments. Brings together the differing perspectives of three leading philosophers, who, together, explore the major positions on the ethics of patriotism Connects with several burgeoning fields of interest in philosophy and politics, including nationalism, civic virtue, liberalism and republicanism, loyalty, and cosmopolitanism Demonstrates that it is possible to make progress on the question of the ethics of patriotism while taking an ecumenical approach to larger theoretical questions A timely and relevant response to the upsurge of interest in nationalism, patriotism, and secessions
When we ask whether something exists, we expect a yes or no answer, not a further query about what kind of existence, how much of it, whether we mean existence for you or existence for me, or whether we are asking about some property which it might have. In this book, this simple requirement is defended and pursued into its various and sometimes surprising implications. In the course of this pursuit, such questions arise as `Do appearances exist?' `Do unknowable things exist?' `Do past and future exist?' `Does God necessarily exist?' This novel and non-technical approach to important philosophical questions will be of interest to senior students of philosophy and, indeed, to all general readers with philosophical interests.