Laurie Shrage
- Published in print:
- 2003
- Published Online:
- November 2003
- ISBN:
- 9780195153095
- eISBN:
- 9780199870615
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019515309X.001.0001
- Subject:
- Philosophy, Moral Philosophy
This book argues that Roe v. Wade's six‐month time span for abortion “on demand” polarized the American public, and obscured alternatives that could have gained broad public support. As ...
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This book argues that Roe v. Wade's six‐month time span for abortion “on demand” polarized the American public, and obscured alternatives that could have gained broad public support. As a result, a predictable bureaucratic backlash to legal abortion has ensued that has placed legal abortion services out of reach for women who are poor, young, or live far from urban centers. Explores the origins of Roe's regulatory scheme and demonstrates that it resulted from concerns that have considerably less relevance in today's medical context. Endorses regulatory guidelines, first proposed by the American Bar Association in 1972, which would give states more flexibility in setting the time span for unrestricted abortion. Argues that the standard civil liberty defenses of abortion (i.e. privacy, involuntary servitude, self‐defense, religious freedom) offer better support for these guidelines than for Roe’s scheme, and that a time span for nontherapeutic abortions shorter than six months can both protect women's interests and advance important public interests. The book also critiques the individualism of “pro‐choice” post‐Roe abortion rights campaigns for failing to articulate how women's reproductive options depend on access to public services and resources and not only on being let alone. Urges reproductive rights activists to emphasize the interconnections both between social responsibility and respect for human life, and between the Samaritan obligations of pregnant women and those of other citizens. Explores feminist artwork on abortion to extrapolate tools for refocusing the abortion debate on these issues and for contesting the extremist tactics of the “pro‐life” movement.Less
This book argues that Roe v. Wade's six‐month time span for abortion “on demand” polarized the American public, and obscured alternatives that could have gained broad public support. As a result, a predictable bureaucratic backlash to legal abortion has ensued that has placed legal abortion services out of reach for women who are poor, young, or live far from urban centers. Explores the origins of Roe's regulatory scheme and demonstrates that it resulted from concerns that have considerably less relevance in today's medical context. Endorses regulatory guidelines, first proposed by the American Bar Association in 1972, which would give states more flexibility in setting the time span for unrestricted abortion. Argues that the standard civil liberty defenses of abortion (i.e. privacy, involuntary servitude, self‐defense, religious freedom) offer better support for these guidelines than for Roe’s scheme, and that a time span for nontherapeutic abortions shorter than six months can both protect women's interests and advance important public interests. The book also critiques the individualism of “pro‐choice” post‐Roe abortion rights campaigns for failing to articulate how women's reproductive options depend on access to public services and resources and not only on being let alone. Urges reproductive rights activists to emphasize the interconnections both between social responsibility and respect for human life, and between the Samaritan obligations of pregnant women and those of other citizens. Explores feminist artwork on abortion to extrapolate tools for refocusing the abortion debate on these issues and for contesting the extremist tactics of the “pro‐life” movement.
Gwen Bradford
- Published in print:
- 2015
- Published Online:
- March 2015
- ISBN:
- 9780198714026
- eISBN:
- 9780191782473
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198714026.001.0001
- Subject:
- Philosophy, Moral Philosophy
Achievement is a central element in the best human lives. But just what is achievement? And why is achievement valuable? Achievements have a common structure: a process culminates in a product. But ...
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Achievement is a central element in the best human lives. But just what is achievement? And why is achievement valuable? Achievements have a common structure: a process culminates in a product. But of course not just any process and product together makes an achievement. The process of an achievement is difficult, and it culminates in the product in a way that is competent. These two elements—difficulty and competent causation—are the two essential features of achievements, and are also sources of value for all achievements. The best account to capture their value is a perfectionist theory, according to which the exercise of our characteristically human capacities has intrinsic value. But not just any perfectionist account will do. Perfectionism must acknowledge that the will is among the characteristic capacities. This book investigates the nature and value of achievements, and proposes a new strand of perfectionism to account for their value.Less
Achievement is a central element in the best human lives. But just what is achievement? And why is achievement valuable? Achievements have a common structure: a process culminates in a product. But of course not just any process and product together makes an achievement. The process of an achievement is difficult, and it culminates in the product in a way that is competent. These two elements—difficulty and competent causation—are the two essential features of achievements, and are also sources of value for all achievements. The best account to capture their value is a perfectionist theory, according to which the exercise of our characteristically human capacities has intrinsic value. But not just any perfectionist account will do. Perfectionism must acknowledge that the will is among the characteristic capacities. This book investigates the nature and value of achievements, and proposes a new strand of perfectionism to account for their value.
Jonathan Bennett
- Published in print:
- 1998
- Published Online:
- November 2003
- ISBN:
- 9780198237914
- eISBN:
- 9780191597077
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019823791X.001.0001
- Subject:
- Philosophy, Moral Philosophy
The distinction between the consequences of an act and the act itself is supposed to define the fight between consequentialism and deontological moralities. This book, though sympathetic to ...
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The distinction between the consequences of an act and the act itself is supposed to define the fight between consequentialism and deontological moralities. This book, though sympathetic to consequentialism, aims less at taking sides in that debate than at clarifying the terms in which it is conducted. It aims to help the reader to think more clearly about some aspects of human conduct—especially the workings of the ‘by’‐locution, and some distinctions between making and allowing, between act and upshot, and between foreseeing and intending (the doctrine of double effect). It argues that moral philosophy would go better if the concept of ‘the act itself’ were dropped from its repertoire.Less
The distinction between the consequences of an act and the act itself is supposed to define the fight between consequentialism and deontological moralities. This book, though sympathetic to consequentialism, aims less at taking sides in that debate than at clarifying the terms in which it is conducted. It aims to help the reader to think more clearly about some aspects of human conduct—especially the workings of the ‘by’‐locution, and some distinctions between making and allowing, between act and upshot, and between foreseeing and intending (the doctrine of double effect). It argues that moral philosophy would go better if the concept of ‘the act itself’ were dropped from its repertoire.
Neil Levy (ed.)
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780199862580
- eISBN:
- 9780199369638
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199862580.001.0001
- Subject:
- Philosophy, Philosophy of Science, Moral Philosophy
Addiction seems to involve a significant degree of loss of control over behaviour, yet it remains mysterious how such a loss of control occurs and how it can be compatible with the retention of ...
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Addiction seems to involve a significant degree of loss of control over behaviour, yet it remains mysterious how such a loss of control occurs and how it can be compatible with the retention of agency. This collection, which arose out of a conference held at the University of Oxford, brings together philosophers, neuroscientists and psychologists with the aim of understanding this loss of control from a perspective informed by cutting-edge science and philosophical reflection. Individual chapters, by well-established names in philosophy of action, moral philosophy, neuroscience and psychology, illuminate the mechanisms involved in the loss of control and link these mechanisms to our understanding of agency and the moral responsibility of addicts.Less
Addiction seems to involve a significant degree of loss of control over behaviour, yet it remains mysterious how such a loss of control occurs and how it can be compatible with the retention of agency. This collection, which arose out of a conference held at the University of Oxford, brings together philosophers, neuroscientists and psychologists with the aim of understanding this loss of control from a perspective informed by cutting-edge science and philosophical reflection. Individual chapters, by well-established names in philosophy of action, moral philosophy, neuroscience and psychology, illuminate the mechanisms involved in the loss of control and link these mechanisms to our understanding of agency and the moral responsibility of addicts.
Elizabeth Brake (ed.)
- Published in print:
- 2016
- Published Online:
- October 2015
- ISBN:
- 9780190205072
- eISBN:
- 9780190205102
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190205072.001.0001
- Subject:
- Philosophy, Moral Philosophy, General
The chapters of this book, which are by liberal and feminist philosophers, address whether marriage reform ought to stop with same-sex marriage. Some philosophers have recently argued that marriage ...
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The chapters of this book, which are by liberal and feminist philosophers, address whether marriage reform ought to stop with same-sex marriage. Some philosophers have recently argued that marriage is illiberal and should be abolished or radically reformed to include groups and friendships. In response, Chapter 1 argues that marriage law can be justified without illiberal appeal to an ideal relationship type, and Chapter 2 argues that the liberal values justifying same-sex marriage do not justify further extension. Other chapters argue for new legal forms for intimate relationships. Chapter 3 argues that piecemeal directives rather than relationship contracts should replace marriage, and Chapter 4 argues for separating marriage and parenting, with parenting rather than marriage becoming the family’s foundation. The fifth chapter argues for a non-hierarchical friendship model for marriage. The next one argues that polygamy should be decriminalized but that the liberal state need not recognize it, while Chapter 7 argues that polygamy could be legally structured to protect privacy and equality. The eighth chapter argues for temporary marriage as a legal option, while the chapter that follows argues that marital commitments are problematic instruments for securing romantic love. These essays challenge contemporary understandings of marriage and the state’s role in it.Less
The chapters of this book, which are by liberal and feminist philosophers, address whether marriage reform ought to stop with same-sex marriage. Some philosophers have recently argued that marriage is illiberal and should be abolished or radically reformed to include groups and friendships. In response, Chapter 1 argues that marriage law can be justified without illiberal appeal to an ideal relationship type, and Chapter 2 argues that the liberal values justifying same-sex marriage do not justify further extension. Other chapters argue for new legal forms for intimate relationships. Chapter 3 argues that piecemeal directives rather than relationship contracts should replace marriage, and Chapter 4 argues for separating marriage and parenting, with parenting rather than marriage becoming the family’s foundation. The fifth chapter argues for a non-hierarchical friendship model for marriage. The next one argues that polygamy should be decriminalized but that the liberal state need not recognize it, while Chapter 7 argues that polygamy could be legally structured to protect privacy and equality. The eighth chapter argues for temporary marriage as a legal option, while the chapter that follows argues that marital commitments are problematic instruments for securing romantic love. These essays challenge contemporary understandings of marriage and the state’s role in it.
Richard Kraut
- Published in print:
- 2012
- Published Online:
- January 2012
- ISBN:
- 9780199844463
- eISBN:
- 9780199919550
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199844463.001.0001
- Subject:
- Philosophy, Moral Philosophy
Are there things we should value because they are, quite simply, good? If so, such things might be said to have “absolute goodness.” They would be good simpliciter or full stop—not good for someone, ...
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Are there things we should value because they are, quite simply, good? If so, such things might be said to have “absolute goodness.” They would be good simpliciter or full stop—not good for someone, not good of a kind, but nonetheless good (period). They might also be called “impersonal values.” The reason why we ought to value such things, if there are any, would merely be the fact that they are, quite simply, good things. In the 20th century, G. E. Moore was the great champion of absolute goodness, but he is not the only philosopher who posits the existence and importance of this property. Against these friends of absolute goodness, this book builds on the argument he made in What is Good and Why, demonstrating that goodness is not a reason-giving property—in fact, there may be no such thing. It is, the book holds, an insidious category of practical thought, because it can be and has been used to justify what is harmful and condemn what is beneficial. Impersonal value draws us away from what is good for persons. The book's strategy for opposing absolute goodness is to search for domains of practical reasoning in which it might be thought to be needed, and this leads the book to an examination of a wide variety of moral phenomena: pleasure, knowledge, beauty, love, cruelty, suicide, future generations, bio-diversity, killing in self-defense, and the extinction of our species. Even persons, the book proposes, should not be said to have absolute value. The special importance of human life rests instead on the great advantages that such lives normally offer.Less
Are there things we should value because they are, quite simply, good? If so, such things might be said to have “absolute goodness.” They would be good simpliciter or full stop—not good for someone, not good of a kind, but nonetheless good (period). They might also be called “impersonal values.” The reason why we ought to value such things, if there are any, would merely be the fact that they are, quite simply, good things. In the 20th century, G. E. Moore was the great champion of absolute goodness, but he is not the only philosopher who posits the existence and importance of this property. Against these friends of absolute goodness, this book builds on the argument he made in What is Good and Why, demonstrating that goodness is not a reason-giving property—in fact, there may be no such thing. It is, the book holds, an insidious category of practical thought, because it can be and has been used to justify what is harmful and condemn what is beneficial. Impersonal value draws us away from what is good for persons. The book's strategy for opposing absolute goodness is to search for domains of practical reasoning in which it might be thought to be needed, and this leads the book to an examination of a wide variety of moral phenomena: pleasure, knowledge, beauty, love, cruelty, suicide, future generations, bio-diversity, killing in self-defense, and the extinction of our species. Even persons, the book proposes, should not be said to have absolute value. The special importance of human life rests instead on the great advantages that such lives normally offer.
Gideon Yaffe
- Published in print:
- 2018
- Published Online:
- April 2018
- ISBN:
- 9780198803324
- eISBN:
- 9780191841514
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198803324.001.0001
- Subject:
- Philosophy, Moral Philosophy, Political Philosophy
Reflection on the grounds for leniency towards children who commit crimes is the entry point into the development, in this book, of a theory of the nature of criminal responsibility and desert of ...
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Reflection on the grounds for leniency towards children who commit crimes is the entry point into the development, in this book, of a theory of the nature of criminal responsibility and desert of punishment for crime. The book argues that child criminals are owed lesser punishments than adults thanks not to their psychological, behavioral, or neural immaturity but, instead, because they are denied the vote. This conclusion is reached through the development of theories of the nature of criminal culpability, desert for wrongdoing, strength of legal reasons, and what it is to have a say over the law, theories that produce a bridge between limited participation in government and criminal culpability. The cornerstone of this discussion is the proposed theory of criminal culpability. To be criminally culpable is for one’s criminal act to manifest a failure to grant sufficient weight to the legal reasons to refrain. The stronger the legal reasons, then, the greater the criminal culpability. Those who lack a say over the law, it is argued, have weaker legal reasons to refrain from crime than those who have a say. They are therefore reduced in criminal culpability and deserve lesser punishment for their crimes. Children are owed leniency, then, because of the political meaning of age rather than because of its psychological meaning. This position has implications for criminal justice policy, with respect to, among other things, the interrogation of children suspected of crimes and the enfranchisement of adult felons.Less
Reflection on the grounds for leniency towards children who commit crimes is the entry point into the development, in this book, of a theory of the nature of criminal responsibility and desert of punishment for crime. The book argues that child criminals are owed lesser punishments than adults thanks not to their psychological, behavioral, or neural immaturity but, instead, because they are denied the vote. This conclusion is reached through the development of theories of the nature of criminal culpability, desert for wrongdoing, strength of legal reasons, and what it is to have a say over the law, theories that produce a bridge between limited participation in government and criminal culpability. The cornerstone of this discussion is the proposed theory of criminal culpability. To be criminally culpable is for one’s criminal act to manifest a failure to grant sufficient weight to the legal reasons to refrain. The stronger the legal reasons, then, the greater the criminal culpability. Those who lack a say over the law, it is argued, have weaker legal reasons to refrain from crime than those who have a say. They are therefore reduced in criminal culpability and deserve lesser punishment for their crimes. Children are owed leniency, then, because of the political meaning of age rather than because of its psychological meaning. This position has implications for criminal justice policy, with respect to, among other things, the interrogation of children suspected of crimes and the enfranchisement of adult felons.
John F. Horty
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780195134612
- eISBN:
- 9780199833269
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195134613.001.0001
- Subject:
- Philosophy, Moral Philosophy
Develops deontic logic against the background of a rigorous theory of agency in branching, or indeterministic, time. It is often assumed that the notion of what an agent ought to do can be identified ...
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Develops deontic logic against the background of a rigorous theory of agency in branching, or indeterministic, time. It is often assumed that the notion of what an agent ought to do can be identified with that of what it ought to be that the agent does. The book provides a framework in which this assumption can be formulated precisely and shown to be mistaken. In its place, it offers an alternative account of what agents ought to do that relies on an analogy between action in indeterministic time and choice under uncertainty, as it is studied in decision theory. This alternative account is then related to issues involving conditional obligation, group obligation, act utilitarianism, and rule utilitarianism.Less
Develops deontic logic against the background of a rigorous theory of agency in branching, or indeterministic, time. It is often assumed that the notion of what an agent ought to do can be identified with that of what it ought to be that the agent does. The book provides a framework in which this assumption can be formulated precisely and shown to be mistaken. In its place, it offers an alternative account of what agents ought to do that relies on an analogy between action in indeterministic time and choice under uncertainty, as it is studied in decision theory. This alternative account is then related to issues involving conditional obligation, group obligation, act utilitarianism, and rule utilitarianism.
Jeanette Kennett
- Published in print:
- 2003
- Published Online:
- October 2011
- ISBN:
- 9780199266302
- eISBN:
- 9780191699146
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199266302.001.0001
- Subject:
- Philosophy, Moral Philosophy, Metaphysics/Epistemology
Is it ever possible for people to act freely and intentionally against their better judgement? Is it ever possible to act in opposition to one's strongest desire? If either of these questions are ...
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Is it ever possible for people to act freely and intentionally against their better judgement? Is it ever possible to act in opposition to one's strongest desire? If either of these questions are answered in the negative, the common-sense distinctions between recklessness, weakness of will and compulsion collapse. This would threaten our ordinary notion of self-control and undermine our practice of holding each other responsible for moral failure. So a clear and plausible account of how weakness of will and self-control are possible is of great practical significance. Taking the problem of weakness of will as her starting point, Jeanette Kennett builds an admirably comprehensive and integrated account of moral agency which gives a central place to the capacity for self-control. Her account of the exercise and limits of self-control vindicates the common-sense distinction between weakness of will and compulsion and so underwrites our ordinary allocations of moral responsibility. She addresses with clarity and insight a range of important topics in moral psychology, such as the nature of valuing and desiring, conceptions of virtue, moral conflict, and the varieties of recklessness (here characterised as culpable bad judgement) — and does so in terms which make their relations to each other and to the challenges of real life obvious. Agency and Responsibility concludes by testing the accounts developed of self-control, moral failure, and moral responsibility against the hard cases provided by acts of extreme evil.Less
Is it ever possible for people to act freely and intentionally against their better judgement? Is it ever possible to act in opposition to one's strongest desire? If either of these questions are answered in the negative, the common-sense distinctions between recklessness, weakness of will and compulsion collapse. This would threaten our ordinary notion of self-control and undermine our practice of holding each other responsible for moral failure. So a clear and plausible account of how weakness of will and self-control are possible is of great practical significance. Taking the problem of weakness of will as her starting point, Jeanette Kennett builds an admirably comprehensive and integrated account of moral agency which gives a central place to the capacity for self-control. Her account of the exercise and limits of self-control vindicates the common-sense distinction between weakness of will and compulsion and so underwrites our ordinary allocations of moral responsibility. She addresses with clarity and insight a range of important topics in moral psychology, such as the nature of valuing and desiring, conceptions of virtue, moral conflict, and the varieties of recklessness (here characterised as culpable bad judgement) — and does so in terms which make their relations to each other and to the challenges of real life obvious. Agency and Responsibility concludes by testing the accounts developed of self-control, moral failure, and moral responsibility against the hard cases provided by acts of extreme evil.
Paul Katsafanas
- Published in print:
- 2013
- Published Online:
- May 2013
- ISBN:
- 9780199645077
- eISBN:
- 9780191751912
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199645077.001.0001
- Subject:
- Philosophy, Moral Philosophy, Metaphysics/Epistemology
Constitutivism is the view that we can derive substantive normative conclusions from an account of the nature of action. Agency and the Foundations of Ethics explains the constitutivist strategy and ...
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Constitutivism is the view that we can derive substantive normative conclusions from an account of the nature of action. Agency and the Foundations of Ethics explains the constitutivist strategy and argues that the attractions of this view are considerable: constitutivism promises to resolve longstanding philosophical puzzles about the metaphysics, epistemology, and practical grip of normative claims. Yet constitutivism faces a challenge: it must employ a conception of action that is minimal enough to be independently plausible, but substantial enough to yield robust normative results. The current versions of constitutivism fall short on this score. However, we can generate a successful version by employing a more nuanced theory of action. Drawing on recent empirical work on human motivation as well as a model of agency indebted to the work of Nietzsche, the book argues that every episode of action aims jointly at agential activity and power. An agent manifests agential activity if she approves of her action, and further knowledge of the motives figuring in the etiology of her action would not undermine this approval. An agent aims at power if she aims at encountering and overcoming obstacles or resistances in the course of pursuing other, more determinate ends. These structural features of agency both constitute events as actions and generate standards of assessment for action. Using these results, the book shows that we can extract substantive normative claims from facts about the nature of agency.Less
Constitutivism is the view that we can derive substantive normative conclusions from an account of the nature of action. Agency and the Foundations of Ethics explains the constitutivist strategy and argues that the attractions of this view are considerable: constitutivism promises to resolve longstanding philosophical puzzles about the metaphysics, epistemology, and practical grip of normative claims. Yet constitutivism faces a challenge: it must employ a conception of action that is minimal enough to be independently plausible, but substantial enough to yield robust normative results. The current versions of constitutivism fall short on this score. However, we can generate a successful version by employing a more nuanced theory of action. Drawing on recent empirical work on human motivation as well as a model of agency indebted to the work of Nietzsche, the book argues that every episode of action aims jointly at agential activity and power. An agent manifests agential activity if she approves of her action, and further knowledge of the motives figuring in the etiology of her action would not undermine this approval. An agent aims at power if she aims at encountering and overcoming obstacles or resistances in the course of pursuing other, more determinate ends. These structural features of agency both constitute events as actions and generate standards of assessment for action. Using these results, the book shows that we can extract substantive normative claims from facts about the nature of agency.