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The Oxford Handbook of Consequentialism (Oxford Handbooks)
by Douglas W. PortmoreConsequentialism is a major moral theory in contemporary philosophy: it is the view that the only thing that matters when making moral decisions is the outcome of those decisions. Consequentialists hold that to morally assess an act, we must first evaluate and rank the various ways that things could turn out depending on whether it or some alternative act is performed. Whether we should perform that act thus depends on how its outcome ranks relative to those of its alternatives. Consequentialism rivals deontology, contractualism, and virtue ethics, but, more importantly, it has influenced contemporary moral philosophy such that the consequentialist/non-consequentialist distinction is one of the most central in normative ethics. After all, every plausible moral theory must concede that the goodness of an act's consequences is something that matters, even if it's not the only thing that matters. Thus, all plausible moral theories will accept that both 1) an act's producing good consequences constitutes a moral reason to perform it, and 2) the better its consequences, the more of a moral reason there is to perform it. In this way, much of consequentialist ethical theory is important for normative ethics in general. This Oxford Handbook contains thirty-two previously unpublished contributions by top moral philosophers examining the current state of play in consequentialism and pointing to new directions for future research. The volume is organized into four major sections: foundational issues; objections to consequentialism; its forms and limits; and consequentialism's implications for policy, practice, and social reform.
Feelings Transformed: Philosophical Theories of the Emotions, 1270-1670 (Emotions of the Past)
by Dominik PerlerWhat are emotions? How do they arise? How do they relate to other mental and bodily states? And what is their specific structure? The book discusses these questions, focusing on medieval and early modern theories. It looks at a great number of authors, ranging from Aquinas to Spinoza, and shows that they gave sophisticated accounts of human emotions. They were particularly interested in the way we cope with our emotions: how we can change or perhaps even overcome them? To answer this question, medieval and early modern philosophers looked at the cognitive content of emotions, for they were all convinced that we need to work on that content if we want to change them. The book therefore pays particular attention to the intimate relationship between theories of emotions and theories of cognition. Moreover, the book emphasizes the importance of the metaphysical framework for medieval and early modern theories of emotions. It was a transformation of this framework that made new theories possible. Starting with an analysis of the Aristotelian framework, the book then looks at skeptical, dualist and monist frameworks, and it examines how the nature of emotions was explained in each of them. The discussion also takes the theological and scientific context into account, for changes in this context quite often gave rise to new problems - problems that concerned the love of God, the joy of resurrected souls, or the fear arising in a soul that is present in a body. All of these problems are examined on the basis of close textual analysis.
The Oxford Handbook of Prosecutors and Prosecution (Oxford Handbooks)
by Ronald F. Wright Kay L. Levine Russell M. GoldThe power of the modern prosecutor arises from several features of the criminal justice landscape: widespread use of law and order political rhetoric and heightened fear of crime among voters; legislatures' embrace of extreme sentencing ranges to respond to such concerns; and the uncertain or limited accountability of prosecutors to the electorate, the bar, or other political and professional constituencies. The convergence of these trends has transformed prosecution into an indispensable field of study. This volume brings together the work of leading international scholars across criminology, sociology, political science, and law - along with contributions from reform-minded practitioners - to examine a variety of issues in prosecutorial behaviour and the institutional structures that frame their behavior. The Handbook connects the dots among existing theoretical and empirical research related to prosecutors. Major sections of the volume cover (1) prosecutor performance during distinct phases of a criminal case, (2) the features of the prosecutor's environment, both inside the office and external to the office, that influence the choices of individual prosecutors and office leaders, and (3) prosecutorial strategies and priorities when dealing with specialized types of crimes, victims, and defendants. Taken together, the chapters in this volume identify the founding texts, discuss leading theoretical and methodological approaches, explain the scope of unresolved issues, and preview where this field is headed. The volume provides a bottom-up view of an important new scholarly field.
The Oxford Handbook of Prosecutors and Prosecution (Oxford Handbooks)
by Ronald F. Wright Kay L. Levine Russell M. GoldThe power of the modern prosecutor arises from several features of the criminal justice landscape: widespread use of law and order political rhetoric and heightened fear of crime among voters; legislatures' embrace of extreme sentencing ranges to respond to such concerns; and the uncertain or limited accountability of prosecutors to the electorate, the bar, or other political and professional constituencies. The convergence of these trends has transformed prosecution into an indispensable field of study. This volume brings together the work of leading international scholars across criminology, sociology, political science, and law - along with contributions from reform-minded practitioners - to examine a variety of issues in prosecutorial behaviour and the institutional structures that frame their behavior. The Handbook connects the dots among existing theoretical and empirical research related to prosecutors. Major sections of the volume cover (1) prosecutor performance during distinct phases of a criminal case, (2) the features of the prosecutor's environment, both inside the office and external to the office, that influence the choices of individual prosecutors and office leaders, and (3) prosecutorial strategies and priorities when dealing with specialized types of crimes, victims, and defendants. Taken together, the chapters in this volume identify the founding texts, discuss leading theoretical and methodological approaches, explain the scope of unresolved issues, and preview where this field is headed. The volume provides a bottom-up view of an important new scholarly field.
Institutional Cosmopolitanism
Is a global institutional order composed of sovereign states fit for cosmopolitan moral purpose? Cosmopolitan political theorists challenge claims that states, nations or other collectives have ultimate moral significance. They focus instead on individuals: on what they share and on what each may owe to all the others. They see principles of distributive justice - and increasingly political justice - applying with force in a global system in which billions continue to suffer from severe poverty and deprivation, political repression, interstate violence and other ills. Cosmopolitans diverge widely, however, on the institutional implications of their shared moral view. Some argue that the current system of competing sovereign states tends to promote unjust outcomes and stands in need of deep structural reform. Others reject such claims and contend that justice can be pursued through transforming the orientations and conduct of individual and collective agents, especially states. This volume brings together prominent political theorists and International Relations scholars -- including some skeptics of cosmopolitanism -- in a far-ranging dialogue about the institutional implications of the cosmopolitan approach. Contributors offer penetrating analyses of both continuing and emerging issues around state sovereignty, democratic autonomy and accountability, and the promotion and protection of human rights. They also debate potential reforms of the current global system, from the transformation of cities and states to the creation of some encompassing world government capable of effectively promoting cosmopolitan aims.
Institutional Cosmopolitanism
by Luis CabreraIs a global institutional order composed of sovereign states fit for cosmopolitan moral purpose? Cosmopolitan political theorists challenge claims that states, nations or other collectives have ultimate moral significance. They focus instead on individuals: on what they share and on what each may owe to all the others. They see principles of distributive justice - and increasingly political justice - applying with force in a global system in which billions continue to suffer from severe poverty and deprivation, political repression, interstate violence and other ills. Cosmopolitans diverge widely, however, on the institutional implications of their shared moral view. Some argue that the current system of competing sovereign states tends to promote unjust outcomes and stands in need of deep structural reform. Others reject such claims and contend that justice can be pursued through transforming the orientations and conduct of individual and collective agents, especially states. This volume brings together prominent political theorists and International Relations scholars -- including some skeptics of cosmopolitanism -- in a far-ranging dialogue about the institutional implications of the cosmopolitan approach. Contributors offer penetrating analyses of both continuing and emerging issues around state sovereignty, democratic autonomy and accountability, and the promotion and protection of human rights. They also debate potential reforms of the current global system, from the transformation of cities and states to the creation of some encompassing world government capable of effectively promoting cosmopolitan aims.
Federal Ground: Governing Property and Violence in the First U.S. Territories (Oxford Legal History)
by Gregory AblavskyFederal Ground depicts the haphazard and unplanned growth of federal authority in the Northwest and Southwest Territories, the first U.S. territories established under the new territorial system. The nation's foundational documents, particularly the Constitution and the Northwest Ordinance, placed these territories under sole federal jurisdiction and established federal officials to govern them. But, for all their paper authority, these officials rarely controlled events or dictated outcomes. In practice, power in these contested borderlands rested with the regions' pre-existing inhabitants-diverse Native peoples, French villagers, and Anglo-American settlers. These residents nonetheless turned to the new federal government to claim ownership, jurisdiction, protection, and federal money, seeking to obtain rights under federal law. Two areas of governance proved particularly central: contests over property, where plural sources of title created conflicting land claims, and struggles over the right to use violence, in which customary borderlands practice intersected with the federal government's effort to establish a monopoly on force. Over time, as federal officials improvised ad hoc, largely extrajudicial methods to arbitrate residents' claims, they slowly insinuated federal authority deeper into territorial life. This authority survived even after the former territories became Tennessee and Ohio: although these new states spoke a language of equal footing and autonomy, statehood actually offered former territorial citizens the most effective way yet to make claims on the federal government. The federal government, in short, still could not always prescribe the result in the territories, but it set the terms and language of debate-authority that became the foundation for later, more familiar and bureaucratic incarnations of federal power.
Federal Ground: Governing Property and Violence in the First U.S. Territories (Oxford Legal History)
by Gregory AblavskyFederal Ground depicts the haphazard and unplanned growth of federal authority in the Northwest and Southwest Territories, the first U.S. territories established under the new territorial system. The nation's foundational documents, particularly the Constitution and the Northwest Ordinance, placed these territories under sole federal jurisdiction and established federal officials to govern them. But, for all their paper authority, these officials rarely controlled events or dictated outcomes. In practice, power in these contested borderlands rested with the regions' pre-existing inhabitants-diverse Native peoples, French villagers, and Anglo-American settlers. These residents nonetheless turned to the new federal government to claim ownership, jurisdiction, protection, and federal money, seeking to obtain rights under federal law. Two areas of governance proved particularly central: contests over property, where plural sources of title created conflicting land claims, and struggles over the right to use violence, in which customary borderlands practice intersected with the federal government's effort to establish a monopoly on force. Over time, as federal officials improvised ad hoc, largely extrajudicial methods to arbitrate residents' claims, they slowly insinuated federal authority deeper into territorial life. This authority survived even after the former territories became Tennessee and Ohio: although these new states spoke a language of equal footing and autonomy, statehood actually offered former territorial citizens the most effective way yet to make claims on the federal government. The federal government, in short, still could not always prescribe the result in the territories, but it set the terms and language of debate-authority that became the foundation for later, more familiar and bureaucratic incarnations of federal power.
Intimate Lies and the Law
by Jill Elaine HasdayJill Elaine Hasday's Intimate Lies and the Law won the Scribes Book Award from the American Society of Legal Writers "for the best work of legal scholarship published during the previous year" and the Foreword INDIES Book of the Year Award for Family and Relationships. Intimacy and deception are often entangled. People deceive to lure someone into a relationship or to keep her there, to drain an intimate's bank account or to use her to acquire government benefits, to control an intimate or to resist domination, or to capture myriad other advantages. No subject is immune from deception in dating, sex, marriage, and family life. Intimates can lie or otherwise intentionally mislead each other about anything and everything. Suppose you discover that an intimate has deceived you and inflicted severe-even life-altering-financial, physical, or emotional harm. After the initial shock and sadness, you might wonder whether the law will help you secure redress. But the legal system refuses to help most people deceived within an intimate relationship. Courts and legislatures have shielded this persistent and pervasive source of injury, routinely denying deceived intimates access to the remedies that are available for deceit in other contexts. Intimate Lies and the Law is the first book that systematically examines deception in intimate relationships and uncovers the hidden body of law governing this duplicity. Hasday argues that the law has placed too much emphasis on protecting intimate deceivers and too little importance on helping the people they deceive. The law can and should do more to recognize, prevent, and redress the injuries that intimate deception can inflict.
INTIMATE LIES & THE LAW C
by Jill Elaine HasdayJill Elaine Hasday's Intimate Lies and the Law won the Scribes Book Award from the American Society of Legal Writers "for the best work of legal scholarship published during the previous year" and the Foreword INDIES Book of the Year Award for Family and Relationships. Intimacy and deception are often entangled. People deceive to lure someone into a relationship or to keep her there, to drain an intimate's bank account or to use her to acquire government benefits, to control an intimate or to resist domination, or to capture myriad other advantages. No subject is immune from deception in dating, sex, marriage, and family life. Intimates can lie or otherwise intentionally mislead each other about anything and everything. Suppose you discover that an intimate has deceived you and inflicted severe-even life-altering-financial, physical, or emotional harm. After the initial shock and sadness, you might wonder whether the law will help you secure redress. But the legal system refuses to help most people deceived within an intimate relationship. Courts and legislatures have shielded this persistent and pervasive source of injury, routinely denying deceived intimates access to the remedies that are available for deceit in other contexts. Intimate Lies and the Law is the first book that systematically examines deception in intimate relationships and uncovers the hidden body of law governing this duplicity. Hasday argues that the law has placed too much emphasis on protecting intimate deceivers and too little importance on helping the people they deceive. The law can and should do more to recognize, prevent, and redress the injuries that intimate deception can inflict.
Reconstructing Schopenhauer's Ethics: Hope, Compassion, and Animal Welfare
by Sandra ShapshayAt the apex of his influence, from about 1860 up to the start of World War I, Schopenhauer was known first and foremost as a philosopher of pessimism. Still today, his main reputation is as one of the few philosophers to have argued that it would have been better never to have been. Sandra Shapshay aims to complicate and challenge this predominant picture of Schopenhauer's ethical thought, arguing that while the pessimistic, resigned Schopenhauer represents one side of the thinker, there is another, more hopeful side that is equally important to his legacy and essential to fully understanding his philosophy. Schopenhauer's ethical thought contains a hopeful, progressive strand, and the main task of this book is to reconstruct it. The resulting position, which Shapshay terms "compassionate moral realism," offers a hybrid Kantian moral realist/sentimentalist theory and a Schopenhauerian value ontology of degrees of inherent value. The reconstruction is novel in three main ways. First, it views Schopenhauer as a more faithful Kantian than most commentators have been apt to recognize. Second, it sees Schopenhauer's philosophy as an evolving rather than static body of thought, especially with respect to the place of the Platonic Ideas in his system; Schopenhauer's views in the philosophy of nature changed as he encountered proto-Darwinian thought, and this change weakens Schopenhauer's own grounds for pessimism. A third novelty is the claim, concerning his ethical thought, that there are really two Schopenhauers rather than one: the "Knight of Despair" and the "Knight of Hope" distinction introduced in this book helps to capture the incompatibility between the resignationist and the compassionate moral realist sides of Schopenhauer's ethical thought.
Reconstructing Schopenhauer's Ethics: Hope, Compassion, and Animal Welfare
by Sandra ShapshayAt the apex of his influence, from about 1860 up to the start of World War I, Schopenhauer was known first and foremost as a philosopher of pessimism. Still today, his main reputation is as one of the few philosophers to have argued that it would have been better never to have been. Sandra Shapshay aims to complicate and challenge this predominant picture of Schopenhauer's ethical thought, arguing that while the pessimistic, resigned Schopenhauer represents one side of the thinker, there is another, more hopeful side that is equally important to his legacy and essential to fully understanding his philosophy. Schopenhauer's ethical thought contains a hopeful, progressive strand, and the main task of this book is to reconstruct it. The resulting position, which Shapshay terms "compassionate moral realism," offers a hybrid Kantian moral realist/sentimentalist theory and a Schopenhauerian value ontology of degrees of inherent value. The reconstruction is novel in three main ways. First, it views Schopenhauer as a more faithful Kantian than most commentators have been apt to recognize. Second, it sees Schopenhauer's philosophy as an evolving rather than static body of thought, especially with respect to the place of the Platonic Ideas in his system; Schopenhauer's views in the philosophy of nature changed as he encountered proto-Darwinian thought, and this change weakens Schopenhauer's own grounds for pessimism. A third novelty is the claim, concerning his ethical thought, that there are really two Schopenhauers rather than one: the "Knight of Despair" and the "Knight of Hope" distinction introduced in this book helps to capture the incompatibility between the resignationist and the compassionate moral realist sides of Schopenhauer's ethical thought.
Debating Targeted Killing: Counter-Terrorism or Extrajudicial Execution? (Debating Ethics)
by Tamar Meisels Jeremy WaldronKnown terrorists are often targeted for death by the governments of Israel and the United States. Several thousand have been killed by drones or by operatives on the ground in the last twenty years. Is this form of killing justified, when hundreds or thousands of lives are possibly at risk at the hands of a known terrorist? Is there anything about it that should disturb us? Ethically-sound and practical answers to these questions are more difficult to come by than it might seem. Renowned political theorists Jeremy Waldron and Tamar Meisels here defend two competing positions on the legitimacy of targeted killing as used in counterterrorism strategy in this riveting and essential for-and-against book. The volume begins with a joint introduction, briefly setting out the terms of discussion, and presenting a short historical overview of the practice: what targeted killing is, and how it has been used in which conflicts and by whom. It then hones in on killings themselves and the element of targeting. The authors tackle difficult and infinitely complex subjects, for example the similarities and differences between targeted killing of terrorists and ordinary killings in combat, and they ask whether targeted killing can be regarded as a law enforcement strategy, or as a hybrid between combat and law enforcement. They compare the practice of targeted killing with assassination and the use of death squads. And they consider the likelihood that targeted killing has been or will be abused against insurgents, criminals, or political opponents. Meisels analyzes the assassination by Israeli operatives of nuclear scientists working for regimes hostile to Israel. Meisels and Waldron carefully consider whether this sort of killing can ever be justified in terms of the danger it, in theory, averts. The conclusions drawn are at once as surprising as they are insightful, cautioning us against a world in which targeted killing is the norm as it proliferates rapidly. This is essential reading not only for students of political and war theory and military personnel, but for anyone interested in or concerned by the future of targeted killing.
DEBATING TARGETED KILLING DEBETH C: Counter-Terrorism or Extrajudicial Execution? (Debating Ethics)
by Jeremy Waldron Tamar MeiselsKnown terrorists are often targeted for death by the governments of Israel and the United States. Several thousand have been killed by drones or by operatives on the ground in the last twenty years. Is this form of killing justified, when hundreds or thousands of lives are possibly at risk at the hands of a known terrorist? Is there anything about it that should disturb us? Ethically-sound and practical answers to these questions are more difficult to come by than it might seem. Renowned political theorists Jeremy Waldron and Tamar Meisels here defend two competing positions on the legitimacy of targeted killing as used in counterterrorism strategy in this riveting and essential for-and-against book. The volume begins with a joint introduction, briefly setting out the terms of discussion, and presenting a short historical overview of the practice: what targeted killing is, and how it has been used in which conflicts and by whom. It then hones in on killings themselves and the element of targeting. The authors tackle difficult and infinitely complex subjects, for example the similarities and differences between targeted killing of terrorists and ordinary killings in combat, and they ask whether targeted killing can be regarded as a law enforcement strategy, or as a hybrid between combat and law enforcement. They compare the practice of targeted killing with assassination and the use of death squads. And they consider the likelihood that targeted killing has been or will be abused against insurgents, criminals, or political opponents. Meisels analyzes the assassination by Israeli operatives of nuclear scientists working for regimes hostile to Israel. Meisels and Waldron carefully consider whether this sort of killing can ever be justified in terms of the danger it, in theory, averts. The conclusions drawn are at once as surprising as they are insightful, cautioning us against a world in which targeted killing is the norm as it proliferates rapidly. This is essential reading not only for students of political and war theory and military personnel, but for anyone interested in or concerned by the future of targeted killing.
Giving Now: Accelerating Human Rights for All
by Patricia IllingworthDirty dollars, tainted donors and "poverty porn" have caused a social backlash against philanthropy. As more wealth is concentrated in the hands of a rising number of billionaires, it is clear that the same system that created their wealth also perpetuates deep inequality, social injustice, and human suffering. Philanthropists often give with strings attached. They want to make the world a better place, but insist on their own vision of what constitutes a better world. Some donors also pay with tainted money, give to hate groups, or use their money to launder their reputations. Nonprofits that ignore the warning signs are often complicit in the fallout that comes with "dark dollars". Using case studies, Patricia Illingworth shows how to address this problem. She argues that approaching philanthropy through a human rights lens can improve the quality of giving, resolve urgent quandaries, and mitigate the social injustice that philanthropy can perpetuate. A philosopher and lawyer, Illingworth makes the case that people and organizations have human rights responsibilities that should guide philanthropy and the nonprofit sector. When philanthropy begins to acknowledge, respect, and protect human rights it will regain its social license and help to make the world a better place.
Giving Now: Accelerating Human Rights for All
by Patricia IllingworthDirty dollars, tainted donors and "poverty porn" have caused a social backlash against philanthropy. As more wealth is concentrated in the hands of a rising number of billionaires, it is clear that the same system that created their wealth also perpetuates deep inequality, social injustice, and human suffering. Philanthropists often give with strings attached. They want to make the world a better place, but insist on their own vision of what constitutes a better world. Some donors also pay with tainted money, give to hate groups, or use their money to launder their reputations. Nonprofits that ignore the warning signs are often complicit in the fallout that comes with "dark dollars". Using case studies, Patricia Illingworth shows how to address this problem. She argues that approaching philanthropy through a human rights lens can improve the quality of giving, resolve urgent quandaries, and mitigate the social injustice that philanthropy can perpetuate. A philosopher and lawyer, Illingworth makes the case that people and organizations have human rights responsibilities that should guide philanthropy and the nonprofit sector. When philanthropy begins to acknowledge, respect, and protect human rights it will regain its social license and help to make the world a better place.
The Perils of Partnership: Industry Influence, Institutional Integrity, and Public Health
by Jonathan H. MarksCountless public health agencies are trying to solve our most intractable public health problems -- among them, the obesity and opioid epidemics -- by partnering with corporations responsible for creating or exacerbating those problems. We are told industry must be part of the solution. But is it time to challenge the partnership paradigm and the popular narratives that sustain it? In The Perils of Partnership, Jonathan H. Marks argues that public-private partnerships and multi-stakeholder initiatives create "webs of influence" that undermine the integrity of public health agencies; distort public health research and policy; and reinforce the framing of public health problems and their solutions in ways that are least threatening to the commercial interests of corporate "partners". We should expect multinational corporations to develop strategies of influence -- but public bodies can and should develop counter-strategies to insulate themselves from corporate influence in all its forms. Marks reviews the norms that regulate public-public interactions (separation of powers) and private-private interactions (antitrust and competition law), and argues for an analogous set of norms to govern public-private interactions. He also offers a novel framework to help public bodies identify the systemic ethical implications of their current or proposed relationships with industry actors. Marks makes a compelling case that the default public-private interaction should be at arm's length: separation, not collaboration. He calls for a new paradigm that avoids the perils of corporate influence and more effectively protects and promotes public health. The Perils of Partnership is essential reading for public health officials and policymakers -- but anyone interested in public health will recognize the urgency of this book.
PERILS OF PARTNERSHIP C: Industry Influence, Institutional Integrity, and Public Health
by Jonathan H. MarksCountless public health agencies are trying to solve our most intractable public health problems -- among them, the obesity and opioid epidemics -- by partnering with corporations responsible for creating or exacerbating those problems. We are told industry must be part of the solution. But is it time to challenge the partnership paradigm and the popular narratives that sustain it? In The Perils of Partnership, Jonathan H. Marks argues that public-private partnerships and multi-stakeholder initiatives create "webs of influence" that undermine the integrity of public health agencies; distort public health research and policy; and reinforce the framing of public health problems and their solutions in ways that are least threatening to the commercial interests of corporate "partners". We should expect multinational corporations to develop strategies of influence -- but public bodies can and should develop counter-strategies to insulate themselves from corporate influence in all its forms. Marks reviews the norms that regulate public-public interactions (separation of powers) and private-private interactions (antitrust and competition law), and argues for an analogous set of norms to govern public-private interactions. He also offers a novel framework to help public bodies identify the systemic ethical implications of their current or proposed relationships with industry actors. Marks makes a compelling case that the default public-private interaction should be at arm's length: separation, not collaboration. He calls for a new paradigm that avoids the perils of corporate influence and more effectively protects and promotes public health. The Perils of Partnership is essential reading for public health officials and policymakers -- but anyone interested in public health will recognize the urgency of this book.
The Solidarity Solution: Principles for a Fair Income Distribution
by Kristi A. OlsonKristi A. Olson asks: What is a fair income distribution? She rejects equal income shares: equal pay undercompensates workers in dangerous and onerous jobs. The envy test, which takes both income and work into account, fares better. Yet, a distribution in which no one prefers someone else's circumstances to her own-as the envy test requires-is unlikely to exist, and even when it does exist, the normative connection between envy and fairness has not been established. After critiquing existing answers, Olson invokes the idea of mutual justifiability: when someone claims that her situation should be improved at someone else's expense, she must be able to give a reason that cannot be reasonably rejected by a free and equal individual who regards everyone else as the same. To give the answer bite, Olson distinguishes two types of envy. Reasons based on personal envy can be reasonably rejected; reasons based on impersonal envy cannot. Olson then tests the solidarity solution against the theories of Ronald Dworkin, Philippe Van Parijs, and Marc Fleurbaey and applies it directly to the concrete issues of the gender wage gap and taxation. By providing a new approach to problems of fair resource allocation, The Solidarity Solution establishes philosophical discussion as critical to today's fight to end economic injustice.
The Solidarity Solution: Principles for a Fair Income Distribution
by Kristi A. OlsonKristi A. Olson asks: What is a fair income distribution? She rejects equal income shares: equal pay undercompensates workers in dangerous and onerous jobs. The envy test, which takes both income and work into account, fares better. Yet, a distribution in which no one prefers someone else's circumstances to her own-as the envy test requires-is unlikely to exist, and even when it does exist, the normative connection between envy and fairness has not been established. After critiquing existing answers, Olson invokes the idea of mutual justifiability: when someone claims that her situation should be improved at someone else's expense, she must be able to give a reason that cannot be reasonably rejected by a free and equal individual who regards everyone else as the same. To give the answer bite, Olson distinguishes two types of envy. Reasons based on personal envy can be reasonably rejected; reasons based on impersonal envy cannot. Olson then tests the solidarity solution against the theories of Ronald Dworkin, Philippe Van Parijs, and Marc Fleurbaey and applies it directly to the concrete issues of the gender wage gap and taxation. By providing a new approach to problems of fair resource allocation, The Solidarity Solution establishes philosophical discussion as critical to today's fight to end economic injustice.
Buddhist Ethics: A Philosophical Exploration (Buddhist Philosophy for Philosophers)
by Jay L. GarfieldBuddhist Ethics presents an outline of Buddhist ethical thought. It is not a defense of Buddhist approaches to ethics as opposed to any other, nor is it a critique of the Western tradition. Garfield presents a broad overview of a range of Buddhist approaches to the question of moral philosophy. He draws on a variety of thinkers, reflecting the great diversity of this 2500-year-old tradition in philosophy but also the principles that tie them together. In particular, he engages with the literature that argues that Buddhist ethics is best understood as a species of virtue ethics, and with those who argue that it is best understood as consequentialist. Garfield argues that while there are important points of contact with these Western frameworks, Buddhist ethics is distinctive, and is a kind of moral phenomenology that is concerned with the ways in which we experience ourselves as agents and others as moral fellows. With this framework, Garfield explores the connections between Buddhist ethics and recent work in moral particularism, such as that of Jonathan Dancy, as well as the British and Scottish sentimentalist tradition represented by Hume and Smith.
Buddhist Ethics: A Philosophical Exploration (Buddhist Philosophy for Philosophers)
by Jay L. GarfieldBuddhist Ethics presents an outline of Buddhist ethical thought. It is not a defense of Buddhist approaches to ethics as opposed to any other, nor is it a critique of the Western tradition. Garfield presents a broad overview of a range of Buddhist approaches to the question of moral philosophy. He draws on a variety of thinkers, reflecting the great diversity of this 2500-year-old tradition in philosophy but also the principles that tie them together. In particular, he engages with the literature that argues that Buddhist ethics is best understood as a species of virtue ethics, and with those who argue that it is best understood as consequentialist. Garfield argues that while there are important points of contact with these Western frameworks, Buddhist ethics is distinctive, and is a kind of moral phenomenology that is concerned with the ways in which we experience ourselves as agents and others as moral fellows. With this framework, Garfield explores the connections between Buddhist ethics and recent work in moral particularism, such as that of Jonathan Dancy, as well as the British and Scottish sentimentalist tradition represented by Hume and Smith.
The Oxford Handbook of Population Ethics (Oxford Handbooks)
The Oxford Handbook of Population Ethics presents up-to-date theoretical analyses of various problems associated with the moral standing of future people and animals in current decision-making. Future people pose an especially hard problem for our current decision-making, since their number and their identities are not fixed but depend on the choices the present generation makes. Do we make the world better by creating more people with good lives? What do we owe future generations in terms of justice? How should burdens and benefits be shared across generations so that justice prevails? These questions are philosophically difficult and important, but also directly relevant to many practical decisions and policies. Climate change policy provides an example, as the increasing global temperature will kill some people and prevent many others from ever existing. Many other policies also influence the size and make-up of future populations both directly and indirectly, for example those concerning family planning, child support, and prioritization in health-care. If we are to adequately assess these policies, we must be able to determine the value of differently sized populations. The essays in this handbook shed light on the value of population change and the nature of our obligations to future generations. It brings together world-leading philosophers to introduce readers to some of the paradoxes of population ethics, challenge some fundamental assumptions that may be taken for granted in the debate about the value of population change, and apply these problems and assumptions to real-world decisions.
The Oxford Handbook of Population Ethics (Oxford Handbooks)
by Gustaf Arrhenius, Krister Bykvist, Tim Campbell and Elizabeth Finneron-BurnsThe Oxford Handbook of Population Ethics presents up-to-date theoretical analyses of various problems associated with the moral standing of future people and animals in current decision-making. Future people pose an especially hard problem for our current decision-making, since their number and their identities are not fixed but depend on the choices the present generation makes. Do we make the world better by creating more people with good lives? What do we owe future generations in terms of justice? How should burdens and benefits be shared across generations so that justice prevails? These questions are philosophically difficult and important, but also directly relevant to many practical decisions and policies. Climate change policy provides an example, as the increasing global temperature will kill some people and prevent many others from ever existing. Many other policies also influence the size and make-up of future populations both directly and indirectly, for example those concerning family planning, child support, and prioritization in health-care. If we are to adequately assess these policies, we must be able to determine the value of differently sized populations. The essays in this handbook shed light on the value of population change and the nature of our obligations to future generations. It brings together world-leading philosophers to introduce readers to some of the paradoxes of population ethics, challenge some fundamental assumptions that may be taken for granted in the debate about the value of population change, and apply these problems and assumptions to real-world decisions.
The Colorado State Constitution (Oxford Commentaries on the State Constitutions of the United States)
by Professor Richard Collins Professor Dale OesterleThe Colorado State Constitution provides an outstanding constitutional and historical account of the state's governing charter. It begins with an overview of Colorado's constitutional history, and then provides an in-depth, section-by-section analysis of the entire constitution, detailing important changes that have been made since its drafting. This treatment, which includes a list of cases, index, and bibliography, makes this guide indispensable for students, scholars, and practitioners of the Colorado constitution. The second edition includes an updated history of the constitution that focuses on events and amendments that have transformed the state in recent years including population growth, background and interpretations of Colorado's complex and unique tax revolt, known as TABOR, the state's extensive provisions for direct democracy, the initiative, veto referendum, and recall of elected officials. The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor Lawrence Friedman of New England Law School, Boson, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.