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In this lively and accessible book, Matt Matravers considers the role of responsibility in politics, morality and the law. In recent years, responsibility has taken a central place in our lives. In politics, both Tony Blair and George W. Bush have claimed that individual responsibility is at the centre of their policy agendas. In morality and the law, it seems just that people should be rewarded or punished only for things for which they are responsible. Yet responsibility is a hotly contested concept. Some philosophers claim that it is impossible, while others insist on both its possibility and importance. This debate has become increasingly technical in the philosophical literature, but it...
This collection brings together essays by distinguished political philosophers which reflect on the detailed arguments of What We Owe to Each Other, and comment critically both on Scanlon's contractualism and his revised understandings of motivation and morality. The essays illustrate the uses of Scanlon's contractualism by applying it to moral and political problems and in so doing they provide an assessment of the ability of Scanlon's contractualism by applying it to other forms of ethical theory. The resulting volume makes an important and original contribution to the literature on Scanlon, on contractualism and on contemporary political philosophy.
Why Law Matters argues that public institutions and legal procedures are valuable and matter as such, irrespective of their instrumental value. Examining the value of rights, public institutions, and constitutional review, the book criticises instrumentalist approaches in political theory, claiming they fail to account for their enduring appeal.
In addressing democracy, equality, and justice together, the book stimulates discussions that go beyond the sometimes increasingly technical and increasingly discrete literatures that now dominate the study of each concept. The chapters fall into four categories: on justice and democracy; justice and equality; justice and community; and justice and the future. Concerns of justice unite all the chapters in this volume. However, these concerns now manifest themselves in interesting and new directions. Politically, the book confronts urgent problems of democracy, equality, community, and of how to respond to potentially catastrophic climate change. The response to these problems cannot only be pragmatic and piecemeal. What emerges are a number of interlinking questions and themes that together constitute the central core of contemporary political philosophy. This book was previously published as a special issue of the Critical Review of Social and Political Philosophy.
The idea of toleration as the appropriate response to difference has been central to liberal thought since Locke. Although the subject has been widely and variously explored, there has been reluctance to acknowledge the new meaning that current debates on toleration have when compared with those at its origins in the early modern period and with subsequent discussions about pluralism and freedom of expression.This collection starts from a clear recognition of the new terms of the debate. It recognises that a new academic consensus is slowly emerging on a view of tolerance that is reasonable in two senses. Firstly of reflecting the capacity of seeing the other's viewpoint, secondly on the rel...
Elaborating on and defending a rigorous, rights-based libertarianism, Mark D. Friedman here develops the seminal ideas articulated by Robert Nozick in his landmark work Anarchy, State and Utopia. Consolidating more than three decades of scholarly and popular writing to have emerged in the wake of Nozick's text, Friedman offers a 21st century defense of the minimal libertarian state. In the course of this analysis, and drawing on further insights offered by the work of F.A. Hayek, Nozick's Libertarian Project shows that natural rights libertarianism can offer convincing answers to the fundamental questions that lie at the heart of political theory. The book also rebuts many of the most common criticisms to have been levelled at this worldview, including those from left libertarians and from egalitarians such as as G.A. Cohen.
Should public opinion determine--or even influence--sentencing policy and practice? Should the punishment of criminal offenders reflect what the public regards as appropriate? These deceptively simple questions conceal complex theoretical and methodological challenges to the administration of punishment. In the West, politicians have often answered these questions in the affirmative; penal reforms have been justified with direct reference to the attitudes of the public. This is why the contention that politicians should bridge the gap between the public and criminal justice practice has widespread resonance. Criminal law scholars, for their part, have often been more reluctant to accept publ...
What is the relation between law and democracy and how might it be improved? What values should inform the body of laws that govern us all? How should we determine crimes from non-crimes? What justifies state punishment, if anything? Law and Legal Theory brings together some of the most important essays in the area of the philosophy of law written by leading, international scholars and offering significant contributions to how we understand law and legal theory to help shape future debates. Contributors include Christopher Bennett, Samantha Besson, Thom Brooks, Brian Butler, Sean Coyle, Rowan Cruft, Leonard Kahn, Richard Lippke, Andrew March, Matt Matravers, Adina Preda, Maria Cristina Redondo, Hanoch Sheinman and Leo Zaibert.
Ideal for all students of political theory and philosophy, this text considers the role of responsibility in politics, morality, and the law.
Social justice has been the animating ideal of democratic governments throughout the twentieth century. Even those who oppose it recognize its potency. Yet the meaning of social justice remains obscure, and existing theories put forward by political philosophers to explain it have failed to capture the way people in general think about issues of social justice. This book develops a new theory. David Miller argues that principles of justice must be understood contextually, with each principle finding its natural home in a different form of human association. Because modern societies are complex, the theory of justice must be complex, too. The three primary components in Miller’s scheme are ...