Jennifer Erin Beste
- Published in print:
- 2007
- Published Online:
- January 2008
- ISBN:
- 9780195311099
- eISBN:
- 9780199871117
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195311099.001.0001
- Subject:
- Religion, Theology
How does severe interpersonal harm affect our freedom and the ways in which we relate to ourselves, others, and God? God and the Victim addresses the challenges that trauma and feminist theory pose ...
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How does severe interpersonal harm affect our freedom and the ways in which we relate to ourselves, others, and God? God and the Victim addresses the challenges that trauma and feminist theory pose to cherished theological convictions about human freedom and divine grace. Overall, the Christian tradition has held that a person's response to God's grace is not entirely vulnerable to earthly contingencies: interpersonal harm, however severe, cannot separate one from the grace of God and from the power to love others. Does this longstanding belief remain credible, however, in light of social scientific research on the insidious effects of interpersonal violence? Should we not consider more carefully the possibility that individuals can harm one another to such an extent that the other's capacity to respond to God's grace is severely diminished, if not altogether destroyed?Drawing on insights present in feminist and trauma theory, this book articulates a revised Rahnerian theology of freedom and grace responsive to trauma survivors in need of healing. Such a revised theology of freedom and grace is marked most distinctively by two claims: (1) human freedom to respond to God's grace can possibly be destroyed by severe interpersonal harm, and (2) divine grace is mediated at least in part through loving interpersonal relations. This book argues that survivors' experiences of both interpersonal harm and support offer crucial insights that shed light on God's grace and human freedom. Ultimately, such insights promise profound ethical implications, altering our perceptions of the obligations we have toward one another.Less
How does severe interpersonal harm affect our freedom and the ways in which we relate to ourselves, others, and God? God and the Victim addresses the challenges that trauma and feminist theory pose to cherished theological convictions about human freedom and divine grace. Overall, the Christian tradition has held that a person's response to God's grace is not entirely vulnerable to earthly contingencies: interpersonal harm, however severe, cannot separate one from the grace of God and from the power to love others. Does this longstanding belief remain credible, however, in light of social scientific research on the insidious effects of interpersonal violence? Should we not consider more carefully the possibility that individuals can harm one another to such an extent that the other's capacity to respond to God's grace is severely diminished, if not altogether destroyed?
Drawing on insights present in feminist and trauma theory, this book articulates a revised Rahnerian theology of freedom and grace responsive to trauma survivors in need of healing. Such a revised theology of freedom and grace is marked most distinctively by two claims: (1) human freedom to respond to God's grace can possibly be destroyed by severe interpersonal harm, and (2) divine grace is mediated at least in part through loving interpersonal relations. This book argues that survivors' experiences of both interpersonal harm and support offer crucial insights that shed light on God's grace and human freedom. Ultimately, such insights promise profound ethical implications, altering our perceptions of the obligations we have toward one another.
David Benatar
- Published in print:
- 2006
- Published Online:
- September 2007
- ISBN:
- 9780199296422
- eISBN:
- 9780191712005
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199296422.001.0001
- Subject:
- Philosophy, Moral Philosophy
This book argues for a number of related, highly provocative views: (i) coming into existence is always a serious harm; (ii) procreation is always wrong; (iii) it is wrong not to abort foetuses at ...
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This book argues for a number of related, highly provocative views: (i) coming into existence is always a serious harm; (ii) procreation is always wrong; (iii) it is wrong not to abort foetuses at the earlier stages of gestation; and (iv) it would be better if, as a result of there being no new people, humanity became extinct. Although these conclusions are antagonistic to common and deeply held intuitions, the book argues that these intuitions are unreliable and thus cannot be used to refute it's grim-sounding conclusions.Less
This book argues for a number of related, highly provocative views: (i) coming into existence is always a serious harm; (ii) procreation is always wrong; (iii) it is wrong not to abort foetuses at the earlier stages of gestation; and (iv) it would be better if, as a result of there being no new people, humanity became extinct. Although these conclusions are antagonistic to common and deeply held intuitions, the book argues that these intuitions are unreliable and thus cannot be used to refute it's grim-sounding conclusions.
Abdulaziz Sachedina
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780195378504
- eISBN:
- 9780199869688
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195378504.001.0001
- Subject:
- Religion, Islam
This book undertakes to correlate practical ethical decisions in modern medical practice to principles and rules derived from Islamic juridical praxis and theological doctrines. This study links ...
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This book undertakes to correlate practical ethical decisions in modern medical practice to principles and rules derived from Islamic juridical praxis and theological doctrines. This study links these rulings to the moral principles extracted from the normative religious texts and historically documented precedents. Western scholars of Islamic law have pointed out the importance of the historical approach in determining the rules and the juristic practices that were applied to the cases under consideration before the judicial opinions were issued within a specific social, economic, and political context. These decisions reflected aspects of intellectual as well as social history of the Muslim community engaged in making everyday life conform to the religious values. Ethical decisions are an important part of interpersonal relations in Islamic law. Practical guidance affecting all facets of individual and collective human life, have been provided under the general rules of “Public good” and “No harm, no harassment.” However, no judicial decision that claims to further public good is regarded authoritative without supporting documentation from the foundational sources, like the Qur‘an and the Sunna (the exemplary tradition of the Prophet). Hence, Muslim jurists, in order to infer fresh rulings about matters that were not covered by the existing precedents in the Qur‘an and the Sunna, undertook to develop rational stratagems to enable them to solve problems faced by the community. This intellectual activity led to the systematic formulation of the principles of Islamic jurisprudence, which has assumed unprecedented importance in connection with the distinct field of medical ethics in the Islamic world that shares the modern medical technology with the West. The book argues that there are distinct Islamic principles that can serve as sources for Muslim biomedical ethics that can engage in dialogue with both secular and other religiously oriented bioethics in the context of universal medical practice and research.Less
This book undertakes to correlate practical ethical decisions in modern medical practice to principles and rules derived from Islamic juridical praxis and theological doctrines. This study links these rulings to the moral principles extracted from the normative religious texts and historically documented precedents. Western scholars of Islamic law have pointed out the importance of the historical approach in determining the rules and the juristic practices that were applied to the cases under consideration before the judicial opinions were issued within a specific social, economic, and political context. These decisions reflected aspects of intellectual as well as social history of the Muslim community engaged in making everyday life conform to the religious values. Ethical decisions are an important part of interpersonal relations in Islamic law. Practical guidance affecting all facets of individual and collective human life, have been provided under the general rules of “Public good” and “No harm, no harassment.” However, no judicial decision that claims to further public good is regarded authoritative without supporting documentation from the foundational sources, like the Qur‘an and the Sunna (the exemplary tradition of the Prophet). Hence, Muslim jurists, in order to infer fresh rulings about matters that were not covered by the existing precedents in the Qur‘an and the Sunna, undertook to develop rational stratagems to enable them to solve problems faced by the community. This intellectual activity led to the systematic formulation of the principles of Islamic jurisprudence, which has assumed unprecedented importance in connection with the distinct field of medical ethics in the Islamic world that shares the modern medical technology with the West. The book argues that there are distinct Islamic principles that can serve as sources for Muslim biomedical ethics that can engage in dialogue with both secular and other religiously oriented bioethics in the context of universal medical practice and research.
James Warren
- Published in print:
- 2004
- Published Online:
- August 2004
- ISBN:
- 9780199252893
- eISBN:
- 9780191601408
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199252890.001.0001
- Subject:
- Philosophy, Ancient Philosophy
A comprehensive study and articulation of the interlocking Epicurean arguments against the fear of death found not only in the writings of Epicurus himself but also in Lucretius' poem De Rerum Natura ...
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A comprehensive study and articulation of the interlocking Epicurean arguments against the fear of death found not only in the writings of Epicurus himself but also in Lucretius' poem De Rerum Natura and in Philodemus' work De Morte. These arguments are central to the Epicurean project of providing ataraxia (tranquillity, freedom from anxiety) and therefore central to an understanding of Epicureanism as a whole. They also offer significant resources for modern discussions of the value of, and possible harm of, death. A number of modern philosophers' criticisms or defences of the Epicureans' views are examined and evaluated in the light of a detailed study of the precise form and intention of the Epicureans' original arguments. The Epicureans were interested in showing also that mortality is not to be regretted and that premature death is not to be feared. Their arguments for these conclusions are to be found in their positive conception of the nature of a good and complete life, which divorce the completeness of a life as far as possible from considerations of its duration. Later chapters investigate the nature of a life lived without the fear of death and pose serious problems for the Epicureans being able to allow any concern for the post mortem future and being able to offer a positive reason for prolonging a life which is already complete in their terms.Less
A comprehensive study and articulation of the interlocking Epicurean arguments against the fear of death found not only in the writings of Epicurus himself but also in Lucretius' poem De Rerum Natura and in Philodemus' work De Morte. These arguments are central to the Epicurean project of providing ataraxia (tranquillity, freedom from anxiety) and therefore central to an understanding of Epicureanism as a whole. They also offer significant resources for modern discussions of the value of, and possible harm of, death. A number of modern philosophers' criticisms or defences of the Epicureans' views are examined and evaluated in the light of a detailed study of the precise form and intention of the Epicureans' original arguments. The Epicureans were interested in showing also that mortality is not to be regretted and that premature death is not to be feared. Their arguments for these conclusions are to be found in their positive conception of the nature of a good and complete life, which divorce the completeness of a life as far as possible from considerations of its duration. Later chapters investigate the nature of a life lived without the fear of death and pose serious problems for the Epicureans being able to allow any concern for the post mortem future and being able to offer a positive reason for prolonging a life which is already complete in their terms.
Robert D. Cooter and Ariel Porat
- Published in print:
- 2014
- Published Online:
- October 2017
- ISBN:
- 9780691151595
- eISBN:
- 9781400850396
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691151595.003.0006
- Subject:
- Law, Comparative Law
This chapter proposes a novel form of the negligence rule known as total liability for excessive harm to address situations in which several injurers cause harm and the court can verify the total ...
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This chapter proposes a novel form of the negligence rule known as total liability for excessive harm to address situations in which several injurers cause harm and the court can verify the total harm caused by all injurers but not the degree of harm caused by each injurer. Under the rule of total liability for excessive harm, each individual injurer should be liable for the total harm that everyone causes in excess of the optimal harm. This rule creates efficient incentives because each injurer internalizes the marginal social benefit from reducing his excessive pollution, for example. The chapter first considers alternative liability rules such as strict liability, strict total liability, and proportionate liability, along with their limitations. It then explains the basic model of total liability for excessive harm and concludes with some real and hypothetical examples in which the rule could be applied to great advantage.Less
This chapter proposes a novel form of the negligence rule known as total liability for excessive harm to address situations in which several injurers cause harm and the court can verify the total harm caused by all injurers but not the degree of harm caused by each injurer. Under the rule of total liability for excessive harm, each individual injurer should be liable for the total harm that everyone causes in excess of the optimal harm. This rule creates efficient incentives because each injurer internalizes the marginal social benefit from reducing his excessive pollution, for example. The chapter first considers alternative liability rules such as strict liability, strict total liability, and proportionate liability, along with their limitations. It then explains the basic model of total liability for excessive harm and concludes with some real and hypothetical examples in which the rule could be applied to great advantage.
EYAL ZAMIR and BARAK MEDINA
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195372168
- eISBN:
- 9780199776078
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195372168.003.02
- Subject:
- Law, Philosophy of Law
This chapter discusses moderate (or threshold) deontology, its critique, and possible responses. Deontological theories prioritize values such as autonomy, human dignity, and keeping one's promises ...
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This chapter discusses moderate (or threshold) deontology, its critique, and possible responses. Deontological theories prioritize values such as autonomy, human dignity, and keeping one's promises over the promotion of good outcomes. In prohibiting the infliction of harm on other people, they resort to distinctions such as that between actively doing harm and merely allowing it, and between intending to do harm and merely foreseeing it. Moderate deontology holds that constraints (and options) have thresholds. A constraint may be overridden for the sake of furthering good outcomes or avoiding bad ones if enough good (or bad) is at stake; and an option not to promote the good may be overridden for the sake of attaining enough good or avoiding enough bad. The chapter analyzes the main critiques leveled against deontology in general and moderate deontology in particular. It concludes that threshold constraints (and options) are an indispensable part of any acceptable factoral moral theory, but that threshold deontology suffers from a lack of methodological rigor and precision.Less
This chapter discusses moderate (or threshold) deontology, its critique, and possible responses. Deontological theories prioritize values such as autonomy, human dignity, and keeping one's promises over the promotion of good outcomes. In prohibiting the infliction of harm on other people, they resort to distinctions such as that between actively doing harm and merely allowing it, and between intending to do harm and merely foreseeing it. Moderate deontology holds that constraints (and options) have thresholds. A constraint may be overridden for the sake of furthering good outcomes or avoiding bad ones if enough good (or bad) is at stake; and an option not to promote the good may be overridden for the sake of attaining enough good or avoiding enough bad. The chapter analyzes the main critiques leveled against deontology in general and moderate deontology in particular. It concludes that threshold constraints (and options) are an indispensable part of any acceptable factoral moral theory, but that threshold deontology suffers from a lack of methodological rigor and precision.
Susan W. Brenner
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780195333480
- eISBN:
- 9780199855353
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195333480.003.0008
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter summarizes the analysis presented in the earlier chapters and addresses its implications. It notes the difficulties involved in forecasting the ways in which misuse will manifest itself ...
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This chapter summarizes the analysis presented in the earlier chapters and addresses its implications. It notes the difficulties involved in forecasting the ways in which misuse will manifest itself in the not-too-remote future — when technology will become far, far more sophisticated and misuse may be committed not only by un-enhanced humans, but also by cyborgs and perhaps even by non-human intelligences. The chapter concludes, however, that if in enacting laws we keep our focus on what is relevant (behavior) and what is circumstance (technology), lawmaking should be much more effective and much more efficient than it often is at the very beginning of the 21st century.Less
This chapter summarizes the analysis presented in the earlier chapters and addresses its implications. It notes the difficulties involved in forecasting the ways in which misuse will manifest itself in the not-too-remote future — when technology will become far, far more sophisticated and misuse may be committed not only by un-enhanced humans, but also by cyborgs and perhaps even by non-human intelligences. The chapter concludes, however, that if in enacting laws we keep our focus on what is relevant (behavior) and what is circumstance (technology), lawmaking should be much more effective and much more efficient than it often is at the very beginning of the 21st century.
Joel Feinberg
- Published in print:
- 1987
- Published Online:
- November 2003
- ISBN:
- 9780195046649
- eISBN:
- 9780199868728
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195046641.001.0001
- Subject:
- Philosophy, Moral Philosophy
Harm to Others is the first volume in a four‐volume work entitled The Moral Limits of the Criminal Law that addresses the question, What acts may the state rightly make criminal? ...
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Harm to Others is the first volume in a four‐volume work entitled The Moral Limits of the Criminal Law that addresses the question, What acts may the state rightly make criminal? Feinberg identifies four liberty‐limiting, or coercion‐legitimizing, principles, each of which is the subject of a volume of his book. In the first volume, Feinberg looks at the principle of harm to others – or the harm principle – which John Stuart Mill identified as the only liberty‐limiting principle. The other principles that Feinberg considers in subsequent volumes are (1) the offense principle: it is necessary to prevent hurt or offense (as opposed to harm) to others; (2) legal paternalism: it is necessary to prevent harm to the actor herself; and (3) legal moralism: it is necessary to prevent immoral conduct whether or not it harms anyone. As a thinker who favors liberalism, Feinberg rejects legal paternalism and legal moralism, maintaining that the harm principle and the offense principle exhaust the class of morally relevant reasons for criminal prohibitions. Feinberg's examination of the harm principle begins with an account of the concept of harm and its relation to other concepts like interests, wants, hurts, offenses, rights, and consent. After addressing difficult examples such as moral harm, vicious harm, prenatal harm, and posthumous harm, Feinberg considers both the moral status of a failure to prevent harm and the problems related to assessing, comparing, and imputing harms.Less
Harm to Others is the first volume in a four‐volume work entitled The Moral Limits of the Criminal Law that addresses the question, What acts may the state rightly make criminal? Feinberg identifies four liberty‐limiting, or coercion‐legitimizing, principles, each of which is the subject of a volume of his book. In the first volume, Feinberg looks at the principle of harm to others – or the harm principle – which John Stuart Mill identified as the only liberty‐limiting principle. The other principles that Feinberg considers in subsequent volumes are (1) the offense principle: it is necessary to prevent hurt or offense (as opposed to harm) to others; (2) legal paternalism: it is necessary to prevent harm to the actor herself; and (3) legal moralism: it is necessary to prevent immoral conduct whether or not it harms anyone. As a thinker who favors liberalism, Feinberg rejects legal paternalism and legal moralism, maintaining that the harm principle and the offense principle exhaust the class of morally relevant reasons for criminal prohibitions. Feinberg's examination of the harm principle begins with an account of the concept of harm and its relation to other concepts like interests, wants, hurts, offenses, rights, and consent. After addressing difficult examples such as moral harm, vicious harm, prenatal harm, and posthumous harm, Feinberg considers both the moral status of a failure to prevent harm and the problems related to assessing, comparing, and imputing harms.
Robert D. Cooter and Ariel Porat
- Published in print:
- 2014
- Published Online:
- October 2017
- ISBN:
- 9780691151595
- eISBN:
- 9781400850396
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691151595.003.0005
- Subject:
- Law, Comparative Law
This chapter deals with lapses of attention, for example by a driver or a doctor, and explains how a negligence rule gives injurers an incentive to substitute activities with unavoidable accidents ...
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This chapter deals with lapses of attention, for example by a driver or a doctor, and explains how a negligence rule gives injurers an incentive to substitute activities with unavoidable accidents for activities with lapses. Under current tort law, a lapse of attention will always be considered negligence and trigger liability for the resulting harm. However, the chapter shows that it should not be the case. After providing an overview of lapse defenses in prevailing law, the chapter examines the openness of liability law to the lapse defense and some activities that substitute unavoidable harm for lapses. It also explains how a lapse defense is implemented and shows how the lapse defense dampens inefficient substitution and increases collection of supporting information.Less
This chapter deals with lapses of attention, for example by a driver or a doctor, and explains how a negligence rule gives injurers an incentive to substitute activities with unavoidable accidents for activities with lapses. Under current tort law, a lapse of attention will always be considered negligence and trigger liability for the resulting harm. However, the chapter shows that it should not be the case. After providing an overview of lapse defenses in prevailing law, the chapter examines the openness of liability law to the lapse defense and some activities that substitute unavoidable harm for lapses. It also explains how a lapse defense is implemented and shows how the lapse defense dampens inefficient substitution and increases collection of supporting information.
Ann E. Cudd
- Published in print:
- 2006
- Published Online:
- May 2006
- ISBN:
- 9780195187434
- eISBN:
- 9780199786213
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195187431.003.0002
- Subject:
- Philosophy, Political Philosophy
This chapter characterizes social groups and institutions in a way that meets the plausible objections of individualists, yet allows a social explanation of oppression. Topics discussed include ...
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This chapter characterizes social groups and institutions in a way that meets the plausible objections of individualists, yet allows a social explanation of oppression. Topics discussed include explaining human behavior, social groups, institutionally structured constraints, oppression and social groups, social groups and group harm. It is argued that any account of oppression that distinguishes it from other types of harm that can come to individuals and locates it as a social injustice requires an account of social groups. Further, harms that accrue to members of voluntary and nonvoluntary groups must be treated separately in moral arguments.Less
This chapter characterizes social groups and institutions in a way that meets the plausible objections of individualists, yet allows a social explanation of oppression. Topics discussed include explaining human behavior, social groups, institutionally structured constraints, oppression and social groups, social groups and group harm. It is argued that any account of oppression that distinguishes it from other types of harm that can come to individuals and locates it as a social injustice requires an account of social groups. Further, harms that accrue to members of voluntary and nonvoluntary groups must be treated separately in moral arguments.
Ann E. Cudd
- Published in print:
- 2006
- Published Online:
- May 2006
- ISBN:
- 9780195187434
- eISBN:
- 9780199786213
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195187431.003.0003
- Subject:
- Philosophy, Political Philosophy
This chapter is concerned with explaining how our cognitive psychology equips us for oppression, that is, what psychological mechanisms we have that allow and motivate us to oppress or suffer ...
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This chapter is concerned with explaining how our cognitive psychology equips us for oppression, that is, what psychological mechanisms we have that allow and motivate us to oppress or suffer oppression. It addresses the question: what psychological mechanisms account for our tendency to form social groups and to invidiously discriminate among those groups? It argues that there are two main types of material forces of oppression — violence and economic deprivation — and that oppression cannot survive without being enforced by at least one of these material ways of harming persons. Violence is separated from economic deprivation to illustrate how different cases of oppression involve different kinds of reinforcements and argue that they will require different strategies of resistance.Less
This chapter is concerned with explaining how our cognitive psychology equips us for oppression, that is, what psychological mechanisms we have that allow and motivate us to oppress or suffer oppression. It addresses the question: what psychological mechanisms account for our tendency to form social groups and to invidiously discriminate among those groups? It argues that there are two main types of material forces of oppression — violence and economic deprivation — and that oppression cannot survive without being enforced by at least one of these material ways of harming persons. Violence is separated from economic deprivation to illustrate how different cases of oppression involve different kinds of reinforcements and argue that they will require different strategies of resistance.
Robert D. Cooter and Ariel Porat
- Published in print:
- 2014
- Published Online:
- October 2017
- ISBN:
- 9780691151595
- eISBN:
- 9781400850396
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691151595.003.0013
- Subject:
- Law, Comparative Law
This book has advanced three central claims, each related to a different branch of private law. First, to achieve efficiency under negligence law, all foreseeable risks should be included when ...
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This book has advanced three central claims, each related to a different branch of private law. First, to achieve efficiency under negligence law, all foreseeable risks should be included when setting standards of care and awarding damages. Second, to achieve efficient contracts, the law should respond more to the promisee's incentives for cooperation and reliance. Third, the law should encourage unrequested benefits by making the beneficiaries compensate the benefactors more often, and by reducing the liability of injurers and breaching parties who externalize benefits. In support of these claims, the book has introduced novel principles such as total liability for excessive harm, anti-insurance, decreasing liability contracts, and the public goods theory of restitution. In conclusion, the book proposes three main legal reforms to improve private law in terms of promoting social welfare, such as removing misalignments in tort law or reducing the benefactor's liability for accidents.Less
This book has advanced three central claims, each related to a different branch of private law. First, to achieve efficiency under negligence law, all foreseeable risks should be included when setting standards of care and awarding damages. Second, to achieve efficient contracts, the law should respond more to the promisee's incentives for cooperation and reliance. Third, the law should encourage unrequested benefits by making the beneficiaries compensate the benefactors more often, and by reducing the liability of injurers and breaching parties who externalize benefits. In support of these claims, the book has introduced novel principles such as total liability for excessive harm, anti-insurance, decreasing liability contracts, and the public goods theory of restitution. In conclusion, the book proposes three main legal reforms to improve private law in terms of promoting social welfare, such as removing misalignments in tort law or reducing the benefactor's liability for accidents.
Lisa L. Miller
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195331684
- eISBN:
- 9780199867967
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195331684.003.0006
- Subject:
- Political Science, American Politics
This chapter explores in more detail the nature and quality of interaction citizen groups have with the policy process in the two urban locales studied. In particular, the chapter addresses the two ...
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This chapter explores in more detail the nature and quality of interaction citizen groups have with the policy process in the two urban locales studied. In particular, the chapter addresses the two major questions left unanswered by the empirical analyses of the previous chapters: First, are the broad citizen groups that are active at the local level participating meaningfully in the policy process? Second, are they contributing anything substantially different from other groups? This chapter offers a more in-depth analysis of the local data in an effort to answer these complicated and underexplored questions and argues that the groups mobilized locally around urban crime problems frequently present policy frames that are substantially different from those promulgated by criminal justice agencies, professional associations, and highly active single-issue groups. Indeed, the deep connection urban dwellers have to crime, its causes, and its consequences makes their perspective unique and highly practical. Most notably, the policy environment for responding to crime at the local level is considerably more focused on victims—specifically on harm reduction—than is the environment at the state and national levels, where criminal justice agencies and narrow victims' groups dominate and focus much attention on punishing offenders.Less
This chapter explores in more detail the nature and quality of interaction citizen groups have with the policy process in the two urban locales studied. In particular, the chapter addresses the two major questions left unanswered by the empirical analyses of the previous chapters: First, are the broad citizen groups that are active at the local level participating meaningfully in the policy process? Second, are they contributing anything substantially different from other groups? This chapter offers a more in-depth analysis of the local data in an effort to answer these complicated and underexplored questions and argues that the groups mobilized locally around urban crime problems frequently present policy frames that are substantially different from those promulgated by criminal justice agencies, professional associations, and highly active single-issue groups. Indeed, the deep connection urban dwellers have to crime, its causes, and its consequences makes their perspective unique and highly practical. Most notably, the policy environment for responding to crime at the local level is considerably more focused on victims—specifically on harm reduction—than is the environment at the state and national levels, where criminal justice agencies and narrow victims' groups dominate and focus much attention on punishing offenders.
Daniel Butt
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199218240
- eISBN:
- 9780191711589
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199218240.003.0004
- Subject:
- Political Science, Political Theory, International Relations and Politics
This chapter examines claims that compensation should be paid as a result of the lasting harm and benefit caused by historic injustice. It argues that present day parties who have benefited from the ...
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This chapter examines claims that compensation should be paid as a result of the lasting harm and benefit caused by historic injustice. It argues that present day parties who have benefited from the automatic effects of past wrongdoing may possess compensatory duties if others are still disadvantaged, insofar as the victims and beneficiaries are not in a state of moral equilibrium. It argues that any claims relating to compensation must make reference to some account of counterfactual reasoning in order to assess the degree of harm which has been suffered. The question of identifying the morally relevant counterfactual is something which has been frequently misunderstood, particularly in relation to exploitation. Having considered, and dismissed, objections stemming from the ‘non-identity problem’, the chapter concludes by putting forward a substantive defence of the claim that benefiting from injustice can give rise to rectificatory duties, even when the receipt of benefit is involuntary.Less
This chapter examines claims that compensation should be paid as a result of the lasting harm and benefit caused by historic injustice. It argues that present day parties who have benefited from the automatic effects of past wrongdoing may possess compensatory duties if others are still disadvantaged, insofar as the victims and beneficiaries are not in a state of moral equilibrium. It argues that any claims relating to compensation must make reference to some account of counterfactual reasoning in order to assess the degree of harm which has been suffered. The question of identifying the morally relevant counterfactual is something which has been frequently misunderstood, particularly in relation to exploitation. Having considered, and dismissed, objections stemming from the ‘non-identity problem’, the chapter concludes by putting forward a substantive defence of the claim that benefiting from injustice can give rise to rectificatory duties, even when the receipt of benefit is involuntary.
Joshua Gert
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199657544
- eISBN:
- 9780191742217
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199657544.001.0001
- Subject:
- Philosophy, Moral Philosophy, Metaphysics/Epistemology
Expressivism and non-reductive realism represent two very widely separated poles in contemporary discussion s of normativity. But the domain of the normative is both large and diverse. It would be ...
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Expressivism and non-reductive realism represent two very widely separated poles in contemporary discussion s of normativity. But the domain of the normative is both large and diverse. It would be extremely surprising if either expressivism or non-reductive realism managed to capture all — or even the most important — phenomena. The book defends a response-dependence account of the normative that accommodates the kind of variation in response that some non-reductive realists downplay or ignore, but that also allows for the sort of straightforward talk of normative properties, normative truth, and substantive normative disagreement that expressivists have had a hard time respecting. One distinctive feature of the book is its reliance, throughout, on an analogy between color properties and normative properties. This analogy suggests that the appropriate response to a given instance of a normative property may often depend significantly on the perspective one takes on that instance: for example, whether one views it as past or future. Another distinctive feature is its focus on the basic normative property of practical rationality, rather than on the notion of a normative reason or the notion of the good. This simple shift of focus allows for a more satisfying account of the link between reasons and motivation, and also helps explain why and how some reasons can justify far more than they can require.Less
Expressivism and non-reductive realism represent two very widely separated poles in contemporary discussion s of normativity. But the domain of the normative is both large and diverse. It would be extremely surprising if either expressivism or non-reductive realism managed to capture all — or even the most important — phenomena. The book defends a response-dependence account of the normative that accommodates the kind of variation in response that some non-reductive realists downplay or ignore, but that also allows for the sort of straightforward talk of normative properties, normative truth, and substantive normative disagreement that expressivists have had a hard time respecting. One distinctive feature of the book is its reliance, throughout, on an analogy between color properties and normative properties. This analogy suggests that the appropriate response to a given instance of a normative property may often depend significantly on the perspective one takes on that instance: for example, whether one views it as past or future. Another distinctive feature is its focus on the basic normative property of practical rationality, rather than on the notion of a normative reason or the notion of the good. This simple shift of focus allows for a more satisfying account of the link between reasons and motivation, and also helps explain why and how some reasons can justify far more than they can require.
Jules L. Coleman
- Published in print:
- 2002
- Published Online:
- January 2010
- ISBN:
- 9780199253609
- eISBN:
- 9780191719783
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199253609.001.0001
- Subject:
- Law, Competition Law
This book shows how traditional problems of philosophy can be understood more clearly when considered in terms of law, economics, and political science. The discussion is divided into four sections. ...
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This book shows how traditional problems of philosophy can be understood more clearly when considered in terms of law, economics, and political science. The discussion is divided into four sections. The first offers a new version of legal positivism and an original theory of legal rights. The second critically evaluates the economic approach to law, while the third considers the relationship of justice to liability for unintentional harms and to the practice of settling disputes rather than fully litigating them. Finally, the book explores formal social choice in democratic theory, the relationship between market behaviour and voting, and the view that morality itself, like law, is a solution of the problem of market failure.Less
This book shows how traditional problems of philosophy can be understood more clearly when considered in terms of law, economics, and political science. The discussion is divided into four sections. The first offers a new version of legal positivism and an original theory of legal rights. The second critically evaluates the economic approach to law, while the third considers the relationship of justice to liability for unintentional harms and to the practice of settling disputes rather than fully litigating them. Finally, the book explores formal social choice in democratic theory, the relationship between market behaviour and voting, and the view that morality itself, like law, is a solution of the problem of market failure.
EYAL ZAMIR and BARAK MEDINA
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195372168
- eISBN:
- 9780199776078
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195372168.003.06
- Subject:
- Law, Philosophy of Law
This chapter presents a constrained cost-benefit analysis of measures taken in the fight against terrorism. It begins by characterizing and criticizing existing normative economic analysis of the ...
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This chapter presents a constrained cost-benefit analysis of measures taken in the fight against terrorism. It begins by characterizing and criticizing existing normative economic analysis of the fight against terrorism as reflecting a simplified ad-hoc balancing. It then presents the central deontological constraints pertaining to the fight on terror. The chapter discusses threshold functions that should be employed in order to determine the permissibility of such measures as targeted killings and torture. It discusses the factors affecting the evaluation of the act's relevant net benefit, and those determining the amount of net benefit required to justify an infringement. It argues that standard economic analysis fails to take into account critical distinctions. These include the distinction between different goals of anti-terrorist measures; the difference between harms the state inflicts through antiterrorist measures, and those resulting from unthwarted terrorist attacks; and the distinction between intended and unintended harm. Deontologically-constrained CBA, which incorporates all of these distinctions, is shown to be methodically workable and normatively superior.Less
This chapter presents a constrained cost-benefit analysis of measures taken in the fight against terrorism. It begins by characterizing and criticizing existing normative economic analysis of the fight against terrorism as reflecting a simplified ad-hoc balancing. It then presents the central deontological constraints pertaining to the fight on terror. The chapter discusses threshold functions that should be employed in order to determine the permissibility of such measures as targeted killings and torture. It discusses the factors affecting the evaluation of the act's relevant net benefit, and those determining the amount of net benefit required to justify an infringement. It argues that standard economic analysis fails to take into account critical distinctions. These include the distinction between different goals of anti-terrorist measures; the difference between harms the state inflicts through antiterrorist measures, and those resulting from unthwarted terrorist attacks; and the distinction between intended and unintended harm. Deontologically-constrained CBA, which incorporates all of these distinctions, is shown to be methodically workable and normatively superior.
Victor Tadros
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199554423
- eISBN:
- 9780191731341
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199554423.001.0001
- Subject:
- Law, Criminal Law and Criminology, Philosophy of Law
Victor Tadros sets out to defend the ‘duty view’ of punishment. On this view, the permission to punish offenders is grounded in the duties that they incur in virtue of their wrongdoing. The most ...
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Victor Tadros sets out to defend the ‘duty view’ of punishment. On this view, the permission to punish offenders is grounded in the duties that they incur in virtue of their wrongdoing. The most important duties that ground the justification of punishment are the duty to recognise that the offender has done wrong and the duty to protect others against wrongdoing. In the light of these duties the state has a permission to punish offenders to ensure that they recognise that what they have done is wrong, but also to protect others from crime. Hence, the book offers a defence not only of a communicative view of punishment but also of general deterrence as central to the justification of punishment. This view is developed in the light of a non-consequentialist moral theory: a theory which endorses constraints on the pursuit of the good. It is shown that it is normally wrong to harm a person as a means to pursue a greater good. However, there are exceptions to this principle in cases where the person harmed has an enforceable duty to pursue the good. The implications of this idea are explored both in the context of self-defence, and then in the context of punishment. The book offers the most systematic exploration of the relationship between self-defence and punishment to date and makes significant progress in defending a plausible set of non-consequentialist moral principles. It also critically explores other theories of punishment, including retributivism and purely communicative theories, identifying unexamined deficiencies in these theories.Less
Victor Tadros sets out to defend the ‘duty view’ of punishment. On this view, the permission to punish offenders is grounded in the duties that they incur in virtue of their wrongdoing. The most important duties that ground the justification of punishment are the duty to recognise that the offender has done wrong and the duty to protect others against wrongdoing. In the light of these duties the state has a permission to punish offenders to ensure that they recognise that what they have done is wrong, but also to protect others from crime. Hence, the book offers a defence not only of a communicative view of punishment but also of general deterrence as central to the justification of punishment. This view is developed in the light of a non-consequentialist moral theory: a theory which endorses constraints on the pursuit of the good. It is shown that it is normally wrong to harm a person as a means to pursue a greater good. However, there are exceptions to this principle in cases where the person harmed has an enforceable duty to pursue the good. The implications of this idea are explored both in the context of self-defence, and then in the context of punishment. The book offers the most systematic exploration of the relationship between self-defence and punishment to date and makes significant progress in defending a plausible set of non-consequentialist moral principles. It also critically explores other theories of punishment, including retributivism and purely communicative theories, identifying unexamined deficiencies in these theories.
Anthony Lloyd
- Published in print:
- 2018
- Published Online:
- May 2019
- ISBN:
- 9781529204018
- eISBN:
- 9781529204063
- Item type:
- book
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781529204018.001.0001
- Subject:
- Sociology, Occupations, Professions, and Work
This book provides a qualitative account of working conditions within the contemporary service economy. As the largest employer in the modern labour market, investigating its realities demonstrates a ...
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This book provides a qualitative account of working conditions within the contemporary service economy. As the largest employer in the modern labour market, investigating its realities demonstrates a number of problematic issues. The quest for profitability, efficiency and customer satisfaction drive a number of practices that can be interpreted from a social harm perspective. The use of zero-hours contracts, temporary work agencies, just-in-time management, lean working, and emotional labour, underpinned by targets and performance management reflect the imperatives of capital and the requirement for profitability. In relation to the employees who work in such precarious forms of employment, a number of harms appear. The ‘Victorian’ working conditions noted at individual operators such as Sports Direct are not anomalies but instead represent the normal functioning of the sector. In considering work from a social harm perspective, the book offers a unique contribution to the sociology of work and criminological or social harm studies. The social harm consideration of systemic violence is extended by an ultra-realist perspective that accounts for the symbolic violence of ideology and the problematic subjectivities willing to inflict harm on others. In its conclusions, the book asks for a consideration of the role of ideology and political economy in debates which seek to fix the harms of work.Less
This book provides a qualitative account of working conditions within the contemporary service economy. As the largest employer in the modern labour market, investigating its realities demonstrates a number of problematic issues. The quest for profitability, efficiency and customer satisfaction drive a number of practices that can be interpreted from a social harm perspective. The use of zero-hours contracts, temporary work agencies, just-in-time management, lean working, and emotional labour, underpinned by targets and performance management reflect the imperatives of capital and the requirement for profitability. In relation to the employees who work in such precarious forms of employment, a number of harms appear. The ‘Victorian’ working conditions noted at individual operators such as Sports Direct are not anomalies but instead represent the normal functioning of the sector. In considering work from a social harm perspective, the book offers a unique contribution to the sociology of work and criminological or social harm studies. The social harm consideration of systemic violence is extended by an ultra-realist perspective that accounts for the symbolic violence of ideology and the problematic subjectivities willing to inflict harm on others. In its conclusions, the book asks for a consideration of the role of ideology and political economy in debates which seek to fix the harms of work.
Joshua Gert
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199657544
- eISBN:
- 9780191742217
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199657544.003.0001
- Subject:
- Philosophy, Moral Philosophy, Metaphysics/Epistemology
This short introductory chapter explains the overall strategy of the book. This is to demystify the domain of normativity not by giving a definition or account of normativity, but by providing an ...
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This short introductory chapter explains the overall strategy of the book. This is to demystify the domain of normativity not by giving a definition or account of normativity, but by providing an account of a handful of undisputedly normative notions: practical rationality, practical reasons, and personal harms. This strategy accomplishes two things. First, it provides a model for demystifying accounts of other normative notions. And it also provides a grounding for more complex normative notions, such as moral wrongness, which can be defined in terms of rationality, reasons, and harms, along with other non-normative notions.Less
This short introductory chapter explains the overall strategy of the book. This is to demystify the domain of normativity not by giving a definition or account of normativity, but by providing an account of a handful of undisputedly normative notions: practical rationality, practical reasons, and personal harms. This strategy accomplishes two things. First, it provides a model for demystifying accounts of other normative notions. And it also provides a grounding for more complex normative notions, such as moral wrongness, which can be defined in terms of rationality, reasons, and harms, along with other non-normative notions.
