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Private Regulation and the Internal Market: Sports, Legal Services, and Standard Setting in EU Economic Law (Oxford Studies in European Law)
by Mislav MataijaHow does EU internal market law, in particular the rules on free movement and competition, apply to private regulation? What issues arise if a bar association were to regulate advertising; when a voluntary product standard impedes trade; or when a sporting body restricts the cross-border transfer of a football player? Covering the EU's free movement and competition rules from a general and sector-specific angle, focusing specifically on the legal profession, standard-setting, and sports, this book is the first systematic study of EU economic law in areas where private regulation is both important and legally controversial. Mislav Mataija discusses how the interpretation of both free movement and competition rule adapts to the rise of private regulation, and examines the diminishing relevance of the public/private distinction. As private regulators take on increasingly important tasks, the legal scrutiny over their measures becomes broader and moves towards what Mataija describes as 'regulatory autonomy.' This approach broadly disciplines, but also recognizes the legitimacy of private regulators; granting them an explicit margin of discretion and focusing on governance and process considerations rather than on their impact on trade and competition. The book also demonstrates how the application of EU internal market law fits in the context of strategic attempts by the EU institutions to negotiate substantive reforms in areas where private regulation is pervasive. Surveying recent case law of the Court of Justice of the European Union and the practice of the European Commission, Mataija demonstrates how EU internal market law is used as a control mechanism over private regulators.
Causation and Free Will
by Carolina SartorioCarolina Sartorio argues that only the actual causes of our behaviour matter to our freedom. Although this simple view of freedom clashes with most theories of responsibility, including the most prominent 'actual sequence' theories currently on offer, Sartorio argues for its truth. The key, she claims, lies in a correct understanding of the role played by causation in a view of that kind. Causation has some important features that make it a responsibility-grounding relation, and this to the success of the view. Also, when agents act freely, the actual causes are richer than they appear to be at first sight; in particular, they reflect the agents' sensitivity to reasons, where this includes both the existence of actual reasons and the absence of other (counterfactual) reasons. So acting freely requires more causes and quite complex causes, as opposed to fewer causes and simpler causes, and is compatible with those causes being deterministic. The book connects two different debates, the one on causation and the one on the problem of free will, in new and illuminating ways.
Causation and Free Will
by Carolina SartorioCarolina Sartorio argues that only the actual causes of our behaviour matter to our freedom. Although this simple view of freedom clashes with most theories of responsibility, including the most prominent 'actual sequence' theories currently on offer, Sartorio argues for its truth. The key, she claims, lies in a correct understanding of the role played by causation in a view of that kind. Causation has some important features that make it a responsibility-grounding relation, and this to the success of the view. Also, when agents act freely, the actual causes are richer than they appear to be at first sight; in particular, they reflect the agents' sensitivity to reasons, where this includes both the existence of actual reasons and the absence of other (counterfactual) reasons. So acting freely requires more causes and quite complex causes, as opposed to fewer causes and simpler causes, and is compatible with those causes being deterministic. The book connects two different debates, the one on causation and the one on the problem of free will, in new and illuminating ways.
From Personality to Virtue: Essays on the Philosophy of Character
Character plays a central role in our everyday understanding and evaluation of ourselves and one another. It informs the expectations that ground our plans and projects, our moral responses to other people's behaviour and to opportunities we ourselves face, and our political decisions concerning formal education, criminal punishment, and other aspects of social organisation. The very idea that people have persisting character traits that explain their behaviour is woven throughout the fabric of our culture. These philosophical essays clarify this idea of character, analyse its relation with the findings of experimental psychology, and draw out the implications of this for education and for criminal punishment. They bring together a range of issues in contemporary philosophy, including the nature of agency, the modelling of behavioural cognition, ethical implications of personal necessity, moral responsibility for implicit bias, the prospects for character education, and the nature of rightful criminal punishment. The essays emphasise that character is inherently dynamic, challenging the tendency among personality psychologists and virtue ethicists alike to focus on static snapshots of traits, and they emphasise the close integration of character with the individual's social context, seeking to accommodate the situationist experimental findings within a picture of behaviour as manifesting stable character traits. The volume is intended to demonstrate the deep conceptual affinity of moral philosophy and social psychology and the consequent potential for each to benefit from the other.
From Personality to Virtue: Essays on the Philosophy of Character
by Jonathan Webber Alberto MasalaCharacter plays a central role in our everyday understanding and evaluation of ourselves and one another. It informs the expectations that ground our plans and projects, our moral responses to other people's behaviour and to opportunities we ourselves face, and our political decisions concerning formal education, criminal punishment, and other aspects of social organisation. The very idea that people have persisting character traits that explain their behaviour is woven throughout the fabric of our culture. These philosophical essays clarify this idea of character, analyse its relation with the findings of experimental psychology, and draw out the implications of this for education and for criminal punishment. They bring together a range of issues in contemporary philosophy, including the nature of agency, the modelling of behavioural cognition, ethical implications of personal necessity, moral responsibility for implicit bias, the prospects for character education, and the nature of rightful criminal punishment. The essays emphasise that character is inherently dynamic, challenging the tendency among personality psychologists and virtue ethicists alike to focus on static snapshots of traits, and they emphasise the close integration of character with the individual's social context, seeking to accommodate the situationist experimental findings within a picture of behaviour as manifesting stable character traits. The volume is intended to demonstrate the deep conceptual affinity of moral philosophy and social psychology and the consequent potential for each to benefit from the other.
Comparative Succession Law: Volume II: Intestate Succession
Intestate Succession is the second volume in the Comparative Succession Law series which examines the principles of succession law from a comparative and historical perspective. This volume discusses the rules which apply where a person dies either without leaving a valid will, or leaving a will which fails to dispose of all of the person's assets. Among the questions considered are the following: What is the nature of the rules for the disposal of the deceased's assets? Are they mechanical or is there an element of discretion? Are particular types of property dealt with in particular ways? Is there entitlement to individual assets (as opposed to money)? Do the rules operate in a parentelic system or a system of some other kind? Are spouses treated more favourably than children? What provision is made for extra-marital children, for adopted children, for step-children? Does cohabitation give rise to entitlement? How are same-sex couples treated? Broader questions also arise of a historical and comparative nature. Where, for example, do the rules in intestate succession come from in particular legal systems? Have they been influenced by the rules in other countries? How are the rules explained and how are they justified? To what extent have they changed over time? What are the long-term trends? And finally, are the rules satisfactory, and is there pressure for their reform? As in the first volume, this book will focus on Europe and on countries which have been influenced by the European experience such as Australia, New Zealand, South Africa, the United States of America, Quebec, and the countries of Latin America. Further chapters are devoted to Islamic Law and Nordic law. Opening with a discussion on Roman law and concluding with an assessment of the overall development of the law in the countries surveyed, this book will provide a wider reflection on the nature and purpose of the law of intestate succession.
Comparative Succession Law: Volume II: Intestate Succession
by Kenneth G C Reid, Marius J DE Waal and Reinhard ZimmermannIntestate Succession is the second volume in the Comparative Succession Law series which examines the principles of succession law from a comparative and historical perspective. This volume discusses the rules which apply where a person dies either without leaving a valid will, or leaving a will which fails to dispose of all of the person's assets. Among the questions considered are the following: What is the nature of the rules for the disposal of the deceased's assets? Are they mechanical or is there an element of discretion? Are particular types of property dealt with in particular ways? Is there entitlement to individual assets (as opposed to money)? Do the rules operate in a parentelic system or a system of some other kind? Are spouses treated more favourably than children? What provision is made for extra-marital children, for adopted children, for step-children? Does cohabitation give rise to entitlement? How are same-sex couples treated? Broader questions also arise of a historical and comparative nature. Where, for example, do the rules in intestate succession come from in particular legal systems? Have they been influenced by the rules in other countries? How are the rules explained and how are they justified? To what extent have they changed over time? What are the long-term trends? And finally, are the rules satisfactory, and is there pressure for their reform? As in the first volume, this book will focus on Europe and on countries which have been influenced by the European experience such as Australia, New Zealand, South Africa, the United States of America, Quebec, and the countries of Latin America. Further chapters are devoted to Islamic Law and Nordic law. Opening with a discussion on Roman law and concluding with an assessment of the overall development of the law in the countries surveyed, this book will provide a wider reflection on the nature and purpose of the law of intestate succession.
Blackstone's Police Station Handbook
by Anthony Edwards Matthew HardcastleAttendance at a police station requires representatives to respond to unexpected and rapidly changing events at very short notice. It is a frequent occurrence that a representative will be sent to a station to attend for a single matter but, by the time of their arrival, the client may have been arrested with new offences. This is a stressful situation requiring police station representatives to have law, practice, and procedure at their fingertips so that they can respond immediately and in a manner that represents the best interests of their client. Blackstone's Police Station Handbook provides indispensable and complete coverage of all aspects of a client's matter during the pre-charge and investigatory period. In particular, it focuses on the numerous substantive and procedural matters that may arise at short notice with an emphasis on the client, the representative and the defence. It provides detailed guidance on matters such as PACE interviews not dealt with by a police officer, dealing with vulnerable clients and funding, as well as providing extensive guidance on offences and procedural issues that are likely to arise at the police station. Unusually amongst titles on police station work, this book is written by and for legal practitioners and will be particularly valued by those who are newly qualified or who are probationary representatives. Blackstone's Police Station Handbook uses a similar format to Blackstone's Magistrates' Court Handbook with an easy-to-use layout, facilitating quick reading and instant decision-making. Diagrams, flowcharts, and a clear system of icons aid comprehension and speedy navigation. It also includes cross-references to Blackstone's Criminal Practice.
Blackstone's Police Station Handbook
by Anthony Edwards Matthew HardcastleAttendance at a police station requires representatives to respond to unexpected and rapidly changing events at very short notice. It is a frequent occurrence that a representative will be sent to a station to attend for a single matter but, by the time of their arrival, the client may have been arrested with new offences. This is a stressful situation requiring police station representatives to have law, practice, and procedure at their fingertips so that they can respond immediately and in a manner that represents the best interests of their client. Blackstone's Police Station Handbook provides indispensable and complete coverage of all aspects of a client's matter during the pre-charge and investigatory period. In particular, it focuses on the numerous substantive and procedural matters that may arise at short notice with an emphasis on the client, the representative and the defence. It provides detailed guidance on matters such as PACE interviews not dealt with by a police officer, dealing with vulnerable clients and funding, as well as providing extensive guidance on offences and procedural issues that are likely to arise at the police station. Unusually amongst titles on police station work, this book is written by and for legal practitioners and will be particularly valued by those who are newly qualified or who are probationary representatives. Blackstone's Police Station Handbook uses a similar format to Blackstone's Magistrates' Court Handbook with an easy-to-use layout, facilitating quick reading and instant decision-making. Diagrams, flowcharts, and a clear system of icons aid comprehension and speedy navigation. It also includes cross-references to Blackstone's Criminal Practice.
US Antitrust Law and Enforcement: A Practice Introduction
by Douglas BroderThis book is an accessible and authoritative single-volume guide to antitrust law. It provides a complete and detailed framework for United States (US) antitrust laws and the cases which interpret them. It describes how the laws are enforced, and by whom, and introduces the reader to the practice of antitrust law. In covering these topics, the book cites and discusses a large volume of US Supreme Court decisions, as well as lower court decisions and secondary sources, in order to provide an understanding of the broad principles, statutory mandates, and statements of the regulatory agencies. It provides a succinct overview and history of US antitrust law and its enforcement. Summaries of the most important federal antitrust and related statutes are provided, as the primary sources and foundation upon which antitrust case law and enforcement are built. The book then offers a narrative discussion of the principles of US antitrust law as contained in the court decisions, statutes, and enforcement guidelines, with chapters organised according to the primary statutes. These chapters cover the provisions of the Sherman Act, including the outlawing of agreements in restraint of trade and monopolization; the Clayton Act's provisions against anticompetitive mergers, acquisitions, and joint ventures; the Hart-Scott-Rodino Act and the regulation of premerger notification and merger clearance processes; and the Robinson-Patman Act, which prohibits certain kinds of differential pricing. Finally, it describes and outlines the activities of the four groups responsible for enforcing US antitrust law. For those unfamiliar with the law of the US, the book also provides an overview of the federal and legal systems, including the judicial decision-making process, and outlines how a case progresses through the federal courts. This is an essential and accessible guide to US antitrust law, offering clear explanations and insightful analysis of this complex legal area.
US Antitrust Law and Enforcement: A Practice Introduction
by Douglas BroderThis book is an accessible and authoritative single-volume guide to antitrust law. It provides a complete and detailed framework for United States (US) antitrust laws and the cases which interpret them. It describes how the laws are enforced, and by whom, and introduces the reader to the practice of antitrust law. In covering these topics, the book cites and discusses a large volume of US Supreme Court decisions, as well as lower court decisions and secondary sources, in order to provide an understanding of the broad principles, statutory mandates, and statements of the regulatory agencies. It provides a succinct overview and history of US antitrust law and its enforcement. Summaries of the most important federal antitrust and related statutes are provided, as the primary sources and foundation upon which antitrust case law and enforcement are built. The book then offers a narrative discussion of the principles of US antitrust law as contained in the court decisions, statutes, and enforcement guidelines, with chapters organised according to the primary statutes. These chapters cover the provisions of the Sherman Act, including the outlawing of agreements in restraint of trade and monopolization; the Clayton Act's provisions against anticompetitive mergers, acquisitions, and joint ventures; the Hart-Scott-Rodino Act and the regulation of premerger notification and merger clearance processes; and the Robinson-Patman Act, which prohibits certain kinds of differential pricing. Finally, it describes and outlines the activities of the four groups responsible for enforcing US antitrust law. For those unfamiliar with the law of the US, the book also provides an overview of the federal and legal systems, including the judicial decision-making process, and outlines how a case progresses through the federal courts. This is an essential and accessible guide to US antitrust law, offering clear explanations and insightful analysis of this complex legal area.
Cold Case Reviews: DNA, Detective Work and Unsolved Major Crimes (Clarendon Studies in Criminology)
by Cheryl AllsopThis book provides the first ethnographic account of a UK major crime review team, providing a comprehensive, conceptual account of cold case reviews not currently available from an academic criminological perspective. . Cold case reviews are a relatively new and innovative form of policing yet, to date, there has been little empirical research into their conduct in the UK. Addressing this empirical void by shining a light on the practicalities and realities of cold case investigations, the author spent eight months with a major crime review team tasked with conducting 28-day reviews of 'live' unsolved murder and stranger rapes and detecting long term unsolved major crimes. The resulting work contains a unique focus on forensic science and the role of the National DNA Database (NDNAD) in cold case reviews, adding to the current debates about the police use of forensic science, as well as consideration of the growing public concern about historic sexual offences and the criminal justice responses to them, with an exploration of the debates around the implications of investigating these crimes many years later. Presenting the key findings in relation to the opportunities and challenges to successful cold case reviews, the role of forensic science and other forms of expertise in cold case reviews, and the political and moral considerations being made in this regard, the resulting work will be of interest to practitioners tasked with investigating long term unsolved crimes and students and researchers interested in policing and investigations.
Cold Case Reviews: DNA, Detective Work and Unsolved Major Crimes (Clarendon Studies in Criminology)
by Cheryl AllsopThis book provides the first ethnographic account of a UK major crime review team, providing a comprehensive, conceptual account of cold case reviews not currently available from an academic criminological perspective. . Cold case reviews are a relatively new and innovative form of policing yet, to date, there has been little empirical research into their conduct in the UK. Addressing this empirical void by shining a light on the practicalities and realities of cold case investigations, the author spent eight months with a major crime review team tasked with conducting 28-day reviews of 'live' unsolved murder and stranger rapes and detecting long term unsolved major crimes. The resulting work contains a unique focus on forensic science and the role of the National DNA Database (NDNAD) in cold case reviews, adding to the current debates about the police use of forensic science, as well as consideration of the growing public concern about historic sexual offences and the criminal justice responses to them, with an exploration of the debates around the implications of investigating these crimes many years later. Presenting the key findings in relation to the opportunities and challenges to successful cold case reviews, the role of forensic science and other forms of expertise in cold case reviews, and the political and moral considerations being made in this regard, the resulting work will be of interest to practitioners tasked with investigating long term unsolved crimes and students and researchers interested in policing and investigations.
The Law of Assignment
by Marcus Smith Nico LeslieThe Law of Assignment is the leading text on the law relating to intangible property or choses in action. Its clear and approachable structure covers all forms of intangible property (debts, rights under contract, securities, intellectual property, leases, rights/causes of action and equitable rights), considering the nature of intangible property, how it comes into being and how it is transferred or assigned. The first part of the book analyses the general principles regarding intangibles and their transfer, and the second examines the practical considerations relating to particular types of intangibles, securities, insurance contracts, leases and intellectual property under the law. The third edition includes new chapters on powers of attorney and factoring, areas particularly important to legal practice. Other significant developments include the expansion of the chapter on leases to include leasing of chattels, and more material on securities, especially regarding the operation of settlement systems.
The Law of Assignment
by Marcus Smith Nico LeslieThe Law of Assignment is the leading text on the law relating to intangible property or choses in action. Its clear and approachable structure covers all forms of intangible property (debts, rights under contract, securities, intellectual property, leases, rights/causes of action and equitable rights), considering the nature of intangible property, how it comes into being and how it is transferred or assigned. The first part of the book analyses the general principles regarding intangibles and their transfer, and the second examines the practical considerations relating to particular types of intangibles, securities, insurance contracts, leases and intellectual property under the law. The third edition includes new chapters on powers of attorney and factoring, areas particularly important to legal practice. Other significant developments include the expansion of the chapter on leases to include leasing of chattels, and more material on securities, especially regarding the operation of settlement systems.
Legal Aspects of EU Energy Regulation
This book provides comprehensive coverage of EU energy law in practice, evaluating the effectiveness of the Third Energy Package, the rise and importance of national and EU renewable energy measures in electricity markets, interconnection and infrastructure aspects of the electricity and gas markets. The national reports take into account the legal and institutional diversity among the Member States, drawing on the experience of prominent energy lawyers to provide analyses of their own national experiences. This book includes an overview of the Energy Union, the institutional framework of regulation, a comprehensive review of how things have changed as a result of the various energy packages, state aid decisions and Energy Charter and European Court of Justice case law.
Legal Aspects of EU Energy Regulation
by Peter D Cameron and Raphael J HeffronThis book provides comprehensive coverage of EU energy law in practice, evaluating the effectiveness of the Third Energy Package, the rise and importance of national and EU renewable energy measures in electricity markets, interconnection and infrastructure aspects of the electricity and gas markets. The national reports take into account the legal and institutional diversity among the Member States, drawing on the experience of prominent energy lawyers to provide analyses of their own national experiences. This book includes an overview of the Energy Union, the institutional framework of regulation, a comprehensive review of how things have changed as a result of the various energy packages, state aid decisions and Energy Charter and European Court of Justice case law.
What Can Philosophy Contribute To Ethics?
by James GriffinEthics appears early in the life of a culture. It is not the creation of philosophers. Many philosophers today think that their job is to take the ethics of their society in hand, analyse it into parts, purge the bad ideas, and organize the good into a systematic moral theory. The philosophers' ethics that results is likely to be very different from the culture's raw ethics and, they think, being better, should replace it. But few of us, even among philosophers, settle real-life moral questions by consulting the Categorical Imperative or the Principle of Utility, largely because, if we do, we often do not trust the outcome or cannot even reliably enough decide what it is. By contrast, James Griffin explores the question what philosophers can reasonably expect to contribute to normative ethics or to the ethics of a culture. Griffin argues that moral philosophers must tailor their work to what ordinary humans' motivational capabilities, and he offers a new account of moral deliberation.
What Can Philosophy Contribute To Ethics?
by James GriffinEthics appears early in the life of a culture. It is not the creation of philosophers. Many philosophers today think that their job is to take the ethics of their society in hand, analyse it into parts, purge the bad ideas, and organize the good into a systematic moral theory. The philosophers' ethics that results is likely to be very different from the culture's raw ethics and, they think, being better, should replace it. But few of us, even among philosophers, settle real-life moral questions by consulting the Categorical Imperative or the Principle of Utility, largely because, if we do, we often do not trust the outcome or cannot even reliably enough decide what it is. By contrast, James Griffin explores the question what philosophers can reasonably expect to contribute to normative ethics or to the ethics of a culture. Griffin argues that moral philosophers must tailor their work to what ordinary humans' motivational capabilities, and he offers a new account of moral deliberation.
International Protection of Adults
Increasing numbers of people have connections with one country, but live and work in another, frequently owning property or investments in several countries. People with lifelong or subsequently developed impairments of capacity move cross-border or have property or family interests or connections spread across different jurisdictions. This new work fills a gap in a specialist market for a detailed work advising lawyers on all the considerations in these situations. The book provides a clear, comprehensive, and unique overview of all relevant capacity and private international law issues, and the existing solutions in common law and civil law jurisdictions and under Hague Convention XXXV. It sets out the existing law of various important jurisdictions, including detailed chapters on the constituent parts of the UK, Ireland, Jersey, the Isle of Man and the Hague 35 states; and shorter chapters on 26 Non-Hague states and those within federal states, including coverage of the United States, several Australian and Canadian states, and a number of other Commonwealth jurisdictions. Containing a number of helpful case studies and flowcharts, the book draws upon the expertise of the editors in their respective fields, together with detailed contributions from expert practitioners and academics from each relevant jurisdiction. All the editors and many of the contributors and correspondents are members of STEP.
International Protection of Adults
by Richard Frimston, Alexander Ruck Keene, Claire van Overdijk and Adrian D WardIncreasing numbers of people have connections with one country, but live and work in another, frequently owning property or investments in several countries. People with lifelong or subsequently developed impairments of capacity move cross-border or have property or family interests or connections spread across different jurisdictions. This new work fills a gap in a specialist market for a detailed work advising lawyers on all the considerations in these situations. The book provides a clear, comprehensive, and unique overview of all relevant capacity and private international law issues, and the existing solutions in common law and civil law jurisdictions and under Hague Convention XXXV. It sets out the existing law of various important jurisdictions, including detailed chapters on the constituent parts of the UK, Ireland, Jersey, the Isle of Man and the Hague 35 states; and shorter chapters on 26 Non-Hague states and those within federal states, including coverage of the United States, several Australian and Canadian states, and a number of other Commonwealth jurisdictions. Containing a number of helpful case studies and flowcharts, the book draws upon the expertise of the editors in their respective fields, together with detailed contributions from expert practitioners and academics from each relevant jurisdiction. All the editors and many of the contributors and correspondents are members of STEP.
The Concept of State Aid Under EU Law: From internal market to competition and beyond (Oxford Studies in European Law)
by Juan Jorge Piernas LópezHow has the evolution and transformation of the Common Market affected the legal concept of State aid? How has State aid adapted to the development of the European Union? These questions and more are answered in Juan Jorge Piernas López's examination of the historical, political, constitutional, and economical events that have affected the development of State aid in the EU. Examining three key, interwoven arguments, this book provides a richer understanding of current formulas which depict the concept of aid through the prism of policy and enforcement considerations. First, the book demonstrates that the concept of aid is a 'living instrument' that has been applied in accordance with the main policy priorities of the European Commission. Second, contrary to what has been affirmed in other literature, the evolution of this concept has been influenced by the broader advancement of the case law of the Court of Justice in different periods of the integration process. Third, the author contends that the study of the evolution of the concept of aid in light of policy and case law provides a holistic outlook valuable to the decision making process of difficult cases. In this regard, the book provides criteria to interpret and discuss cases including Sloman Neptun, Philip Morris, and Azores, beyond the analysis traditionally adopted in this field.
The Concept of State Aid Under EU Law: From internal market to competition and beyond (Oxford Studies in European Law)
by Juan Jorge Piernas LópezHow has the evolution and transformation of the Common Market affected the legal concept of State aid? How has State aid adapted to the development of the European Union? These questions and more are answered in Juan Jorge Piernas López's examination of the historical, political, constitutional, and economical events that have affected the development of State aid in the EU. Examining three key, interwoven arguments, this book provides a richer understanding of current formulas which depict the concept of aid through the prism of policy and enforcement considerations. First, the book demonstrates that the concept of aid is a 'living instrument' that has been applied in accordance with the main policy priorities of the European Commission. Second, contrary to what has been affirmed in other literature, the evolution of this concept has been influenced by the broader advancement of the case law of the Court of Justice in different periods of the integration process. Third, the author contends that the study of the evolution of the concept of aid in light of policy and case law provides a holistic outlook valuable to the decision making process of difficult cases. In this regard, the book provides criteria to interpret and discuss cases including Sloman Neptun, Philip Morris, and Azores, beyond the analysis traditionally adopted in this field.
A Relational Moral Theory: African Ethics in and beyond the Continent
by Thaddeus MetzA Relational Moral Theory draws on neglected resources from the Global South and especially the African philosophical tradition to provide a new answer to a perennial philosophical question: what do all morally right actions have in common as distinct from wrong ones? Metz points out that the principles of utility and of respect for autonomy, the two rivals that have dominated western moral theory for the last two centuries, share an individualist premise. Once that common assumption is replaced by a relational perspective given prominence in African ethical thought, a different comprehensive principle, one focused on harmony or friendliness, emerges. Metz argues that this principle corrects the blind spots of the western moral principles, and has implications for a wide array of controversies in applied ethics that an international audience of moral philosophers, professional ethicists, and similar thinkers will find compelling.
A Relational Moral Theory: African Ethics in and beyond the Continent
by Thaddeus MetzA Relational Moral Theory draws on neglected resources from the Global South and especially the African philosophical tradition to provide a new answer to a perennial philosophical question: what do all morally right actions have in common as distinct from wrong ones? Metz points out that the principles of utility and of respect for autonomy, the two rivals that have dominated western moral theory for the last two centuries, share an individualist premise. Once that common assumption is replaced by a relational perspective given prominence in African ethical thought, a different comprehensive principle, one focused on harmony or friendliness, emerges. Metz argues that this principle corrects the blind spots of the western moral principles, and has implications for a wide array of controversies in applied ethics that an international audience of moral philosophers, professional ethicists, and similar thinkers will find compelling.