The Ends of Harm

The Ends of Harm
Author: Victor Tadros
Publisher: OUP Oxford
Total Pages: 384
Release: 2011-09-15
Genre: Law
ISBN: 0191029564

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Every modern democratic state imprisons thousands of offenders every year, depriving them of their liberty, causing them a great deal of psychological and sometimes physical harm. Relationships are destroyed, jobs are lost, the risk of the offender being harmed by other offenders is increased and all at great expense to the state. How can this brutal and costly enterprise be justified? Traditionally, philosophers answering this question have argued either that the punishment of wrongdoers is a good in itself (retributivism), or that it is a regrettable means to a valuable end, such as the deterrence of future wrongdoing, and thus justifiable on consequentialist grounds. This book offers a critical examination of those theories and advances a new argument for punishment's justification, calling it the 'duty view'. 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 recognize 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 recognize that what they have done is wrong, but also to protect others from crime. In contrast to other justifications of punishment grounded in deterrence, the duty 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. Through the systematic exploration of the relationship between self-defence and punishment, the book makes significant progress in defending a plausible set of non-consequentialist moral principles that justify the punishment of wrongdoers, and marks a significant contribution to the philosophical literature on punishment.

The Ends of Harm

The Ends of Harm
Author: Victor Tadros
Publisher: OUP Oxford
Total Pages: 384
Release: 2011-09-15
Genre: Law
ISBN: 0191018414

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Every modern democratic state imprisons thousands of offenders every year, depriving them of their liberty, causing them a great deal of psychological and sometimes physical harm. Relationships are destroyed, jobs are lost, the risk of the offender being harmed by other offenders is increased and all at great expense to the state. How can this brutal and costly enterprise be justified? Traditionally, philosophers answering this question have argued either that the punishment of wrongdoers is a good in itself (retributivism), or that it is a regrettable means to a valuable end, such as the deterrence of future wrongdoing, and thus justifiable on consequentialist grounds. This book offers a critical examination of those theories and advances a new argument for punishment's justification, calling it the 'duty view'. 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 recognize 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 recognize that what they have done is wrong, but also to protect others from crime. In contrast to other justifications of punishment grounded in deterrence, the duty 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. Through the systematic exploration of the relationship between self-defence and punishment, the book makes significant progress in defending a plausible set of non-consequentialist moral principles that justify the punishment of wrongdoers, and marks a significant contribution to the philosophical literature on punishment.

Doing and Allowing Harm

Doing and Allowing Harm
Author: Fiona Woollard
Publisher: OUP Oxford
Total Pages: 257
Release: 2015-01-08
Genre: Philosophy
ISBN: 0191506559

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Doing harm seems much harder to justify than merely allowing harm. If a boulder is rushing towards Bob, you may refuse to save Bob's life by driving your car into the path of the boulder if doing so would cost you your own life. You may not push the boulder towards Bob to save your own life. This principle—the Doctrine of Doing and Allowing—requires defence. Does the distinction between doing and allowing fall apart under scrutiny? When lives are at stake, how can it matter whether harm is done or allowed? Drawing on detailed analysis of the distinction between doing and allowing, Fiona Woollard argues that the Doctrine of Doing and Allowing is best understood as a principle that protects us from harmful imposition. Such protection against imposition is necessary for morality to recognize anything as genuinely belonging to a person, even that person's own body. As morality must recognize each person's body as belonging to her, the Doctrine of Doing and Allowing should be accepted. Woollard defends a moderate account of our obligations to aid, tackling arguments by Peter Singer and Peter Unger that we must give most of our money away and arguments from Robert Nozick that obligations to aid are incompatible with self-ownership.

Bodily Harm

Bodily Harm
Author: Karen Conterio
Publisher: Hyperion Books
Total Pages: 346
Release: 1998-10-28
Genre: Health & Fitness
ISBN:

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Written by the directors of S.A.F.E. Alternatives, a self-injury treatment program, "Bodily Harm" is an authoritative examination of this alarming syndrome, offering a comprehensive treatment regimen.

The Harm in Hate Speech

The Harm in Hate Speech
Author: Jeremy Waldron
Publisher: Harvard University Press
Total Pages: 271
Release: 2012-06-08
Genre: Law
ISBN: 0674069919

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Every liberal democracy has laws or codes against hate speech—except the United States. For constitutionalists, regulation of hate speech violates the First Amendment and damages a free society. Against this absolutist view, Jeremy Waldron argues powerfully that hate speech should be regulated as part of our commitment to human dignity and to inclusion and respect for members of vulnerable minorities. Causing offense—by depicting a religious leader as a terrorist in a newspaper cartoon, for example—is not the same as launching a libelous attack on a group’s dignity, according to Waldron, and it lies outside the reach of law. But defamation of a minority group, through hate speech, undermines a public good that can and should be protected: the basic assurance of inclusion in society for all members. A social environment polluted by anti-gay leaflets, Nazi banners, and burning crosses sends an implicit message to the targets of such hatred: your security is uncertain and you can expect to face humiliation and discrimination when you leave your home. Free-speech advocates boast of despising what racists say but defending to the death their right to say it. Waldron finds this emphasis on intellectual resilience misguided and points instead to the threat hate speech poses to the lives, dignity, and reputations of minority members. Finding support for his view among philosophers of the Enlightenment, Waldron asks us to move beyond knee-jerk American exceptionalism in our debates over the serious consequences of hateful speech.

Most Good, Least Harm

Most Good, Least Harm
Author: Zoe Weil
Publisher: Simon and Schuster
Total Pages: 227
Release: 2009-01-06
Genre: Body, Mind & Spirit
ISBN: 1416959297

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With a world steeped in materialism, environmental destruction, and injustice, what can one individual possibly do to change it? While the present obstacles we face may seem overwhelming, author and humane educator Zoe Weil shows us that change doesn't have to start with an army. It starts with you. Through her straightforward approaches to living a MOGO, or "most good," life, she reveals that the true path to inner peace doesn't require a retreat from the world. Rather, she gives the reader powerful and practicable tools to face these global issues, and improve both our planet and our personal lives. Weil explores direct ways to become involved with the community, make better choices as consumers, and develop positive messages to live by, showing readers that their simple decisions really can change the world. Inspiring and remarkably inclusive of the interconnected challenges we face today, Most Good, Least Harm is the next step beyond "green" -- a radical new way to empower the individual and motivate positive change.

The Oxford Handbook of Criminal Law

The Oxford Handbook of Criminal Law
Author: Markus D Dubber
Publisher: OUP Oxford
Total Pages: 1294
Release: 2014-11-27
Genre: Law
ISBN: 0191654604

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The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.

Intricate Ethics

Intricate Ethics
Author: F.M. Kamm
Publisher: Oxford University Press
Total Pages: 520
Release: 2008-09-18
Genre: Philosophy
ISBN: 0199707359

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"Reading F.M. Kamm's latest book is like watching a brilliant astronomer map an uncharted galaxy--the meticulousness and the display of mental stamina must inspire awe. There is a kind of beauty in the performance alone. Intricate Ethics is a major event in normative ethical theory by a living master of the subject.... In the end, professional moral philosophers cannot reasonably ignore Intricate Ethics.... Kamm continues to prove herself the most imaginative, detail-oriented deontologist writing in English today... Professor Kamm is in a class by herself."--Jeffrey Brand-Ballard, Notre Dame Philosophical Reviews "The operative word in this masterful work is 'intricate.' Watching Kamm's mind dissect and reconstruct different cases is like watching a juggler, riding a unicycle, carrying on a conversation, while getting dressed. It is a glorious celebration of what moral philosophy does best, and what one of its most gifted practitioners can do to enlighten our understanding of the most pressing ethical issues of our time. But it is also a rich playground for empirically minded philosophers and psychologists who want to play with the clever class of dilemmas that Kamm has created, dilemmas that will both amuse and torture generations of people."--Marc Hauser is a Harvard College Professor and author of "Moral Minds" "Frances Kamm once again proves herself to be an astonishingly subtle and creative defender of a deontological outlook. Anyone at all interested in normative ethics will find something of value in Intricate Ethics. There are striking and original views on a wide range of topics. And no one--absolutely no one--compares to Kamm when it comes to constructing relevant test cases and carefully assessing our intuitive reactions to them. This is a master at work, at the height of her powers."--Shelly Kagan, Clark Professor of Philosophy, Yale University "Intricate Ethics fully justifies its title. It is as deep, subtle, imaginative, and analytically rigorous as any work in moral philosophy written in a great many years. It is dense with highly original and fertile ideas supported by powerful and ingenious arguments. This book amply confirms Frances Kamm's standing as one of the greatest living philosophers.--Jeff McMahan, Rutgers University "Kamm's virtuosity in hypothesizing cases in defense or refutation of moral principles remains unsurpassed. Intricate Ethics is also a testament to the fruitfulness of this rarefied method of ethics. One might have thought that, having already devoted several hundred path-breaking pages to the topic of nonconsequentialism in her earlier two-volume Morality, Mortality, it would have been impossible to break much new ground in this sequel. Yet what Kamm has to say here on the topics of harming and saving from harm is as novel, arresting, and insightful as ever."--Michael Otsuka, Professor of Philosophy, University College London "Kamm ...is the most sophisticated of the contemporary exponents of "intuitionist" or "nonconsequentialist" ethics...No one else makes such extraordinarily meticulous and penetrating attempts to extract the principles behind our ordinary moral intuitions...I highly recommend it as an inclusive and subtle attempt to work out nonconsequentialism on an intuitionist basis. As a bonus, Intricate Ethics also offers searching analyses of the work of Peter Unger, Peter Singer, Bernard Gert, T.M. Scanlon, Daniel Kahneman and Amos Tversky."--Ingmar Persson, Times Literary Supplement

Remembering and Disremembering the Dead

Remembering and Disremembering the Dead
Author: Floris Tomasini
Publisher: Springer
Total Pages: 106
Release: 2017-08-01
Genre: History
ISBN: 1137538287

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This book is open access under a CC BY 4.0 licence. This book is a multidisciplinary work that investigates the notion of posthumous harm over time. The question what is and when is death, affects how we understand the possibility of posthumous harm and redemption. Whilst it is impossible to hurt the dead, it is possible to harm the wishes, beliefs and memories of persons that once lived. In this way, this book highlights the vulnerability of the dead, and makes connections to a historical oeuvre, to add critical value to similar concepts in history that are overlooked by most philosophers. There is a long historical view of case studies that illustrate the conceptual character of posthumous punishment; that is, dissection and gibbetting of the criminal corpse after the Murder Act (1752), and those shot at dawn during the First World War. A long historical view is also taken of posthumous harm; that is, body-snatching in the late Georgian period, and organ-snatching at Alder Hey in the 1990s.

Bodily Harm

Bodily Harm
Author: Margaret Atwood
Publisher: Random House
Total Pages: 271
Release: 2012-05-15
Genre: Fiction
ISBN: 1446496368

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A clever and addictive thriller from the bestselling author of The Handmaid’s Tale and The Testaments Rennie Wilford is a young journalist running from her life. When she takes an assignment to a Caribbean island she tumbles into a world where no one is quite what they seem, least of all ‘Yankee’ Paul. Is Paul a drug smuggler? A CIA operative? Either way he’s trouble and his offer to Rennie of a no-hooks, no strings affair, will suddenly draw her into in a lethal web of corruption. 'As swift-moving as the best thriller, clipped and laconic, yet deeply and richly sensitive' Sunday Telegraph