Thom Brooks

Hegel'sPhilosophy of Rightis more than a major work of political and legal philosophy; it is a battleground for two different interpretive approaches. MyHegel's Political Philosophy: A Systematic Reading of the Philosophy of Rightargues that these approaches are mistaken about their differences and that one approach offers a more compelling interpretation ofHegel's Philosophy of Rightthan the other. I will briefly outline my defence of the systematic reading of thePhilosophy of Rightbefore replying to the constructive criticisms raised by Redding, Rosen and Wood.There are two different interpretative approaches to understanding Hegel'sPhilosophy of Right. These are the metaphysical and the non-metaphysical readings. The former often highlight Hegel's insistence that some political states may be considered more ‘true’ or ‘actual’ than others. This reading also often emphasises the special place of religion in Hegel's philosophical system, for example. In contrast, the non-metaphysical reading argues that such an interpretation is not only unattractive, but perhaps even unnecessary because Hegel's views on ‘actuality’ and ‘actualization’ are less controversial than traditional metaphysical readings of Hegel's philosophy have claimed. Commentators must choose between these competing camps and interpretations of Hegel's work are conceived within these approaches. Importantly, each reading claims that its approach best captures Hegel's philosophical importance. But would Hegel endorse either the metaphysical or non-metaphysical reading?The problem is that this debate rests on a central misconception about Hegel's philosophy. The debate is characterized as a disagreement about the role and perhaps the very existence of metaphysics in Hegel's philosophy. But this is a false impression. It is virtually nowhere in doubt that metaphysics is present in Hegel's philosophy, including hisPhilosophy of Right. Therefore, the debate between a ‘metaphysical’ and ‘non-metaphysical’ reading of Hegel's works is not a debate about whether these works contain metaphysics. The characterization of the debate invites a false impression about what is at stake.

Moral enhancement techniques modifying brain processes to produce improved moral conduct present us with new challenges for how we grapple with the ethical questions raised. John Shook (2012) argues that we should greet these developments with some measure of skepticism and cynicism regarding their success and desirability. This commentary considers further Shook’s scepticism. It is argued that the issue of “moral enhancement” raises questions about which view(s) may benefit and the problems this poses for societies characterized by the fact of reasonable pluralism. More importantly, it is further argued that moral enhancement runs into greater difficulties where enhancement is thought to contribute to alleviating illegal behavior. This is because law and morality are related imperfectly and, therefore, improved moral sensitivity may not translate into less illegality. Thus, moral enhancement techniques may create moral Frankensteins that (a) may undermine the existence of reasonable pluralism in modern liberal societies and (b) may fail to better achieve lawful behavior.

Many efforts are directed towards philosophical accounts of life from life’s meaning to how it should be led. Often overlooked are no less important issues concerning the end of life. Questions like what is death?, is immortality desirable?, is death ‘bad’ for the person who dies?, can the dead be harmed or punished? and what, if any, obligations do we have towards the dead? – these are but a few key concerns deserving greater attention. This special issue brings together three contributions that chart promising new perspectives on this timeless philosophical pastime. The first piece by Ben Curtis asks ‘when do persons die?’ Curtis focuses on the general thesis that death is constituted by the death of the human organism. Not all agree: some critics defend a ‘two-deaths thesis’ maintaining that the death of an organism is not the same as the death of a person. So which view is most compelling?

Both vote buying and tax-cut promises are attempts to manipulate voters through cash incentives in order to win elections, but only vote buying is illegal. Should we extend the ban on vote buying to tax-cut promises? This article will argue for three conclusions. The first is that tax-cut promises should be understood as a form of vote buying. The second is that campaign promises are a form of vote buying. The third conclusion is that campaign promises, including tax-cut promises, should not be banned. An important distinction is drawn between enforceable wrongful incentives and unenforceable wrongful incentives. The difference between vote buying and tax-cut promises is not wrongfulness but enforceability.

This review article critically examines R. A. Duff and Stuart P. Green’s wide-ranging Philosophical Foundations of Criminal Law. The book captures well a crucial debate at the heart of its topic: is morality a key for understanding criminal law? I first consider legal moralism arguments answering this question in the affirmative and argue they should be rejected. I next consider alternatives to argue that philosophers of criminal law should look beyond legal moralism for more compelling theories about criminal law.

Green agrees with Kant on the abstract character of moral law as categorical imperatives and that intentional dispositions are central to a moral justification of punishment. The central problem with Kant's account is that we are unable to know these dispositions beyond a reasonable estimate. Green offers a practical alternative, positing moral law as an ideal to be achieved, but not immediately enforceable through positive law. Moral and positive law are bridged by Green's theory of the common good through the dialectic of morality. Thus, Green appears to offer an alternative that remains committed to Kantian morality whilst taking proper stock of our cognitive limitations. Unfortunately, Green fails to unravel fully Kant's dichotomy of moral and positive law that mirrors Green's solution, although Green offers a number of improvements, such as the importance of the community in establishing rights and linking the severity of punishment to the extent that a criminal act threatens the continued maintenance of a system of rights.

Jean-Jacques Rousseau stands as one of the most influential figures in the history of philosophy. His masterpiece-The Social Contract-has had a profound effect on legal and political theorists ever since its appearance. Rousseau and Law presents for the first time in one collection the most important contemporary work exploring his many contributions to legal theory. These essays deal with a variety of issues, such as social contract theories, democratic rights, fundamental law, natural law and natural rights, affinities between Rousseau and Dworkin's legal theories, narrative, bioethics, and promise enforcement.

Martha Nussbaum’s “influential capabilities approach” offers us a powerful, universal standard of justice. The approach builds off of pioneering work by Amartya Sen in economic development. Much of the contemporary interest in the capabilities approach has focused upon how we might spell out a list of precisely which capabilities must be made universally available and protected, a list that Sen has not provided himself. Nussbaum’s list of capabilities is arguably the most successful attempt at defining these capabilities. In this paper, I will argue for a new problem with the approach that raises new questions about the capabilities approach more generally.

Graduate students often lack concrete advice on publishing. This essay is an attempt to fill this important gap. Advice is given on how to publish everything from book reviews to articles, replies to book chapters, and how to secure both edited book contracts and authored monograph contracts, along with plenty of helpful tips and advice on the publishing world (and how it works) along the way in what is meant to be a comprehensive, concrete guide to publishing that should be of tremendous value to graduate students working in any area of the humanities and social sciences.

The punishment of criminals is a topic of long-standing philosophical interest since the ancient Greeks. This interest has focused on several considerations, including the justification of punishment, who should be permitted to punish, and how we might best set punishments for crimes. This entry focuses on the most important contributions in this field. The focus will be on specific theoretical approaches to punishment including both traditional theories of punishment (retributivism, deterrence, rehabilitation) and more contemporary alternatives (expressivism, restorative justice, hybrid theories, unified theories) with an additional section on capital punishment, perhaps the particular form of punishment that has received the most sustained philosophical attention. These theories of punishment address two important questions: first, who should be permitted to punish and, secondly, who should be permitted to be punished. These questions then concern the justification of punishment and its distribution. While the majority today often identifies their theories as retributivist, there is a great diversity of theories defended. This entry will highlight the leading work for each view.

The most widespread interpretation amongst contemporary theorists of Kant's theory of punishment is that it is retributivist. On the contrary, I will argue there are very different senses in which Kant discusses punishment. He endorses retribution for moral law transgressions and consequentialist considerations for positive law violations. When these standpoints are taken into consideration, Kant's theory of punishment is more coherent and unified than previously thought. This reading uncovers a new problem in Kant's theory of punishment. By assuming a potential offender's intentional disposition as Kant does without knowing it for certain, we further exacerbate the opportunity for misdiagnosis

This article offers a justification for the continued use of jury trials. I shall critically examine the ability of juries to render just verdicts, judicial impartiality, and judicial transparency. My contention is that the judicial system that best satisfies these values is most preferable. Of course, these three values are not the only factors relevant for consideration. Empirical evidence demonstrates that juries foster both democratic participation and public legitimation of legal decisions regarding the most serious cases. Nevertheless, juries are costly and, therefore, economically less efficient than competing modes of trial. I do not argue that all human beings possess an inalienable legal right to be tried by a jury. However, it is my hope that this analysis will make clear what we might gain or lose when we propose jury reforms.

Mark Bevir's The Logic of the History of Ideas has received considerable attention recently. This article highlights a new problem with his weak intentionalism. Bevir's weak intentionalism holds that on occasion the meanings readers ascribe to texts may trump the meanings the authors express in texts. The article uses the example of Hegel's theory of punishment. The received wisdom is that Hegel is a pure retributivist. Yet, this strays far from his text and stated views. We might think we should keep to this text to uncover Hegel's views. However, Bevir's weak intentionalism has us side with how he has been read over what Hegel has said. This view is problematic as our meanings may well stray far from the texts, words or spirit. Thus, Bevir's weak intentionalism can fall victim to straying from the text when trying to interpret it.

Mahadeviyakka was a radical 12th century Karnataka saint of whom surprisingly little has been written. Considered the most poetic of the Virásaivas, her vacanas are characterized by their desperate searching for iva. I attempt to convey Mahadevi's epistemology and its struggle to 'know' Shiva, necessitating a lifetime of searching for him; offer an interpretation of the innate presence of Shiva in the world and its consequences for epistemology; and explore the sense of tragic love inherent in devotional searching for Shiva. My primary goal is to offer a powerful and positive, yet critical, interpretation of Mahadevi's beautiful prose on her relationship with Shiva..

Hegel's Philosophy of Right presents a collection of new essays by leading international philosophers and Hegel scholars that analyze and explore Hegel's key contributions in the areas of ethics, politics, and the law. The most comprehensive collection on Hegel's Philosophy of Right available Features new essays by leading international Hegel interpreters divided in sections of ethics, politics, and law Presents significant new research on Hegel's Philosophy of Right that will set a new standard for future work on the topic Introduction (Pages: 1-6) Thom Brooks Summary PDF References Request permissions Part I : Ethics CHAPTER 1 Consequentialism and Deontology in the Philosophy of Right (Pages: 7-42) Dean Moyar Summary PDF References Request permissions CHAPTER 2 The Empty Formalism Objection Revisited: §135R and Recent Kantian Responses (Pages: 43-72) Fabian Freyenhagen Summary PDF References Request permissions CHAPTER 3 On Hegel's Critique of Kant's Ethics: Beyond the Empty Formalism Objection (Pages: 73-99) Robert Stern Summary PDF References Request permissions Part II : Politics CHAPTER 4 Hegel and the Unified Theory of Punishment (Pages: 101-123) Thom Brooks Summary PDF References Request permissions CHAPTER 5 Hard Work: Hegel and the Meaning of the State in his Philosophy of Right (Pages: 124-142) Kimberly Hutchings Summary PDF References Request permissions Part II : Politics CHAPTER 6 Gender, the Family, and the Organic State in Hegel's Political Thought (Pages: 143-164) Alison Stone Summary PDF References Request permissions Part III : Law CHAPTER 7 Natural Law Internalism (Pages: 165-179) Thom Brooks Summary PDF References Request permissions CHAPTER 8 Hegel on the Relation between Law and Justice (Pages: 180-208) Alan Brudner Summary PDF References Request permissions.

The problem of global poverty has reached terrifying proportions. Since the end of the Cold War, ordinary deaths from starvation and preventable diseases amount to approximately 250 million people, most of them children. Thomas Pogge argues that wealthy states have a responsibility to help those in severe poverty. This responsibility arises from the foreseeable and avoidable harm the current global institutional order has perpetrated on poor states. Pogge demands that wealthy states eradicate global poverty not merely because they have the resources, but because they share responsibility for its continuation. For Pogge, global poverty is more than a wrong imposed on the poor: it is a violation of human rights and a crime. In this paper, I critically examine Pogge's claim that global poverty is a crime. My aim is to demonstrate that Pogge's conclusions do not follow from his arguments. That is, if affluent states have a negative duty to assist those in severe poverty, their duty is not absolute because they are not fully responsible for this poverty. Moreover, if global poverty is one of the greatest crimes against humanity, then it seems inappropriate at best to champion proposals, pace Pogge, that lets the guilty parties walk free.