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.

This comment argues for the importance of global institutions to regulate nuclear power. Nuclear power presents challenges across national borders irrespective of whether plants are maintained safely. There are international agreements in place on the disposal of nuclear waste, an issue of great concern in terms of environmental and health effects for any nuclear power policy. However, there remains a pressing need for an international agreement to ensure the safe maintenance of nuclear facilities. Safe nuclear power beyond waste disposal should receive more attention. Nuclear power policy is often a matter of pure state interest with national governments alone responsible for regulating the safe maintenance of nuclear facilities. It ought not be left to national governments alone to regulate the safe administration of nuclear power given the many threats to environmental safety and public health. This comment argues that global institutions may best address this problem. The comment concludes with recommendations on how nuclear power policy might be regulated.

The future of philosophy is moving towards “global philosophy.” The idea of global philosophy is the view that different philosophical approaches may engage more substantially with each other to solve philosophical problems. Most solutions attempt to use only those available resources located within one philosophical tradition. A more promising approach might be to expand the range of available resources to better assist our ability to offer more compelling solutions. This search for new horizons in order to improve our clarity about philosophical issues is at the heart of global philosophy. The idea of global philosophy encourages us to look beyond our traditions to improve our philosophical problem-solving by our own lights. Global philosophy is a new approach whose time is coming. This essay offers the first account of this approach and an assessment of its future promise.

Most philosophers reject what we might call "penal pluralism": the idea that punishment can and should encompass multiple penal goals or principles. This is rejected because it is often held that different penal goals or principles will conflict: the goal of punishing an offender to the degree deserved may differ and even undermine the goal of enabling deterrence or rehabilitation. For this reason, most philosophers argue that we must make a choice, such as choosing between retribution and its alternatives. In "Some Remarks on Punishment," F. H. Bradley re-examines the justification of punishment in light of a critique of Darwinism's importance for ethics. My primary focus is on how Bradley's substantive discussion of punishment only because it is here that this article's arguments have most relevance for us today.

Plato justifies the concentration and exercise of power for persons endowed with expertise in political governance. This article argues that this justification takes two distinctly different sets of arguments. The first is what I shall call his 'ideal political philosophy' described primarily in the Republic as rule by philosopher-kings wielding absolute authority over their subjects. Their authority stems solely from their comprehension of justice, from which they make political judgements on behalf of their city-state. I call the second set of arguments Plato's 'practical political philosophy' underlying his later thought, where absolute rule by philosopher-kings is undermined by the impure character of all political knowledge. Whereas the complete comprehension of justice sanctions the absolute political power of those with this expertise, partial knowledge of justice disallows for such a large investment of power. Plato's practical political philosophy argues for a mixed theory of governance fusing the institutions of monarchy with democracy in the best practical city-state. Thus, Plato comes to realize the insurmountable difficulties of his ideal political thought, preferring a more practical political philosophy instead.

abstract Shame punishments have become an increasingly popular alternative to traditional punishments, often taking the form of convicted criminals holding signs or sweeping streets with a toothbrush. In her Hiding from Humanity, Martha Nussbaum argues against the use of shame punishments because they contribute to an offender's loss of dignity. However, these concerns are shared already by the courts which also have concerns about the possibility that shaming might damage an offender's dignity. This situation has not led the courts to reject all uses of shaming, but only to accept shaming within certain safeguards. Thus, despite Nussbaum's important reservations against shame punishments, it may still be possible for her to accept shaming within specific parameters such as those set out by the courts that protect the dignity of an offender. As a result, she need not be opposed to the use of legitimate shame punishment.

The purpose of this essay is to critically appraise J. Angelo Corlett's recent interpretation of Kant's theory of punishment as well as his rejection of Hegel's penology. In taking Kant to be a retributivist at a primary level and a proponent of deterrence at a secondary level, I believe Corlett has inappropriately wed together Kant's distinction between moral and positive law. Moreover, his support of Kant on these grounds is misguided as it is instead Hegel who holds such a distinction. Finally, I attempt to refute the almost timeless retributivist rejection of deterrence-based theories of punishment on the grounds that the latter somehow would condone in some cases the punishment of innocent persons. These individuals almost always demand that no innocent person be punished as a rule of the highest order.

Climate change presents us with perhaps the most pressing challenge today. But is it a problem we can solve? This article argues that existing conservationist and adaptation approaches fail to satisfy their objectives. A second issue that these approaches disagree about how best to end climate change, but accept that it is a problem that can be solved. I believe this view is mistaken: a future environmental catastrophe is an event we might at best postpone, but not avoid. This raises new ethical questions for climate change: what are the moral implications of a future climatic catastrophe that might be delayed at best? What practical consequences might these implications yield? This article argues most political philosophers have misunderstood the kind of problem that climate change presents and the daunting challenges we face.

This article examines the relation of risks and public policy through the lens of alcohol and crime. Alcohol thus lives a double-life as a fountain of celebration while also a wellspring of potentially serious harms. The issue of how risks might be managed much better is approached through considering three different arenas within the criminal law concluding that it is a crude mechanism for grappling with complex issues of criminal responsibility for any higher risks associated with becoming under the influence. The article defends the use of nudges as an under explored area for public policy decision-making and proposes new policies based on them.