Thom Brooks

Perhaps the least controversial area of F.H. Bradley's writings relates to his views on punishment. Commentators universally recognize Bradley's theory of punishment as a retributivist theory of punishment. This article challenges the received wisdom. I argue that Bradley does not endorse retributivism as commonly understood. Instead, he defends the view that punishment is non-retributivist and serves the end of societal maintenance. Moreover, Bradley defends this view consistently from Ethical Studies to later work on punishment. Instead of holding a theory of punishment largely unique amongst British Idealists of his time, Bradley's views on punishment are far more consistent than previously thought

This paper argues that Leif Wenar's theory of reparations is not purely forward-looking and that backward-looking considerations play an important role: if there had never been a past injustice, then reparations for the future cannot be acceptable. Past injustice compose the first part of a two-tiered theory of reparations. We must first discover a past injustice has taken place: reparations are for the repair of previous damage. However, for Wenar, not all past injustices warrant reparations. Once we have first passed the initial test of demonstrating a past injustice has taken place, we then determine whether or not to finally accept reparations based upon forward-looking considerations. What is important to note is that this decision to award reparations is based upon forward-looking considerations, but only after first satisfying the test of a past injustice. Thus, backward-looking considerations make up an important first part of Wenar's two-tiered theory of reparations. It is not my argument that this theory is unsafe and I find Wenar's arguments both novel and highly compelling. However, the view that this theory is forward-looking -- and not backward-looking -- is not entirely accurate. My brief reply corrects this part of an important new theory of reparations in the hope of strengthening its persuasive power.

Severe poverty is a major global problem about risk and inequality. What, if any, is the relationship between equality, fairness and responsibility in an unequal world? I argue for four conclusions. The first is the moral urgency of severe poverty. We have too many global neighbours that exist in a state of emergency and whose suffering is intolerable. The second is that severe poverty is a problem concerning global injustice that is relevant, but not restricted, to questions about responsibility. If none were responsible, this does not eliminate all compelling claims to provide assistance. The third is that severe poverty represents an inequality too far; it is a condition of extremity with denial of basic needs. The fourth is that there is a need for an approach that captures all relevant cases – and the capabilities approach and the connection theory of remedial responsibilities are highlighted as having special promise.

Hegel's legacy is particularly controversial, not least in legal theory. He has been classified as a proponent of either natural law, legal positivism, the historical school, pre-Marxism, postmodern critical theory, and even transcendental legal theory. To what degree has Hegel actually influenced contemporary legal theorists? This review article looks at Michael Salter's collection Hegel and Law. I look at articles on civil disobedience, contract law, feminism, and punishment. I conclude noting similarities between Hegel's legal theory and that of Ronald Dworkin. I also criticize the volume's emphasis on Hegel's postmodern credentials, all of which I doubt.

Nearly every major philosophy, from Plato to Hegel and beyond, has argued that democracy is an inferior form of government, at best. Yet, virtually every contemporary political philosophy working today - whether in an analytic or postmodern tradition - endorses democracy in one variety or another. Should we conclude then that the traditional canon is meaningless for helping us theorize about a just state? In this paper, I will take up the criticisms and positive proposals of two such canonical figures in political philosophy: Plato and Hegel. At first glance, each is rather disdainful, if not outright hostile, to democracy. This is also how both have been represented traditionally. However, if we look behind the reasons for their rejection of (Athenian) democracy and the reasons behind their alternatives to democracy, I believe we can uncover a new theory of government that does two things. First, it maps onto the so-called Schumpeterian tradition of elite theories of democracy quite well. Second, perhaps surprisingly, it actually provides an improved justification for democratic government as we practice it today than rival theories of democracy. Thus, not only are Plato and Hegel not enemies of modern democratic thought after all, but each is actually quite useful for helping us develop democratic theory in a positive, not negative, manner.

This paper offers two potential worries in Robert B. Talisse's A Pragmatist Philosophy of Democracy. The first worry is that is that the picture of democracy on offer is incomplete. While Talisse correctly argues that democracy is about more than elections, democracy is also about more than deliberation between citizens. Talisse's deliberative democracy is problematic to the degree its view of deliberation fails to account for democracy. The second worry we may have concerns the relationship between Talisse's Peircean pragmatism and deliberative democracy. If this pragmatism is always open to revision and change in light of future evidence, then no pragmatist should adhere to only one particular political system, such as democracy. When we claim that only one system can ever be justified, then we fail to honour our professed openness to revision and change in the future. If my analysis is correct, then I do not aim to demonstrate that Talisse's Peircean pragmatism is incorrect, only incomplete. Thus, the hope of this paper is to help develop this pragmatism further.

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.

Many Christians are split on whether they believe we should endorse or oppose capital punishment. Each side claims Biblical support for their professed position. This essay cannot hope to bring this debate to a conclusion. However, it will try to offer a different perspective. The essay recognizes that the Bible itself offers statements in support of each position. The proposed way forward is not to claim there is a contradiction, but to place greater emphasis on understanding these statements in their particular contexts, specifically with reference to their relation to Jesus’ New Covenant. Such a perspective should lead us to oppose capital punishment.

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.

British idealism flourished in the late 19th century and early 20th centuries. It was a movement with a lasting influence on the social and political thought of its time in particular. British idealists helped popularize the work of Immanuel Kant and G. W. F. Hegel in the Anglophone world, but they also sought to use insights from the philosophies of Kant and Hegel to help create a new idealism to address the many pressing issues of the Victorian period in Britain and its aftermath. These contributions related to theories of freedom, the common good, political obligation, the state, and punishment. The British idealists also made important contributions in areas other than Hegelian scholarship and ethics, including logic, metaphysics, and the philosophy of religion. The movement declined by the start of World War I. This entry will highlight the most important work by British idealists themselves and by their best interpreters. Thus this entry will be grouped by individuals rather than by theme.

How should we determine which nations have a responsibility to remedy suffering elsewhere? The problem is pressing because, following David Miller, ‘[it] is morally intolerable if (remediable) suffering and deprivation are allowed to continue . . . where they exist we are morally bound to hold somebody (some person or collective agent) responsible for relieving them’. Miller offers a connection theory of remedial responsibilities in response to this problem, a theory he has been developing over the last decade. This theory is meant to serve as a guide on how we can best determine which nations are remedially responsible for alleviating suffering and deprivation elsewhere. Miller’s theory entails our following a procedure in order to determine remedial responsibility for nations. The problem is that there is an important flaw in this procedure, a flaw that previous critiques have overlooked. This essay will explain this flaw and how Miller’s theory might be reformulated into a two-tiered procedure that would take better account of this problem. Keywords: Global justice; nationalism; Miller; identity; distributive justice; severe poverty (Published: 16 September 2011) Citation: Ethics & Global Politics, Vol. 4 , No. 3, 2011, pp. 195-202. DOI: 10.3402/egp.v4i3.7140

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

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.

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

David Miller raises a number of interesting concerns with both weak and strong variants of cosmopolitanism. As an alternative, he defends a connection theory to address remedial responsibilities amongst states. This connection theory is problematic as it endorses a position where states that are causally and morally responsible for deprivation and suffering in other states may not be held remedially responsible for their actions. In addition, there is no international mechanism to ensure either that remedially responsible states offer assistance to particular states nor some level of accountability for causally and/or morally responsible states. I suggest that an intermediary theory of cosmopolitanism offers one way of overcoming these difficulties

In a recent article, Thomas Christiano defends the intrinsic justice of democracy grounded in the principle of equal consideration of interests. Each citizen is entitled to a single vote, equal in weight to all other citizens. The problem with this picture is that all citizens must meet a threshold of minimal competence. My argument is that Christiano is wrong to claim a minimum threshold of competency is fully consistent with the principle of equality. While standards of minimal competency may be justifiable, these standards justify political inequality. This paper explores the relationship between equality and democracy in terms of minimal competency, demonstrating how minimal competency is justified and why it is inegalitarian in interesting ways.

What is the relationship between our moral sentiments and the justification of punishment? One position is that our moral sentiments provide for punishment’s justification. This article’s focus is on Adam Smith’s theory of punishment and the role that moral sentiments play in this theory. The author argues that commentators have been mistaken to view Smith’s position as essentially retributivist. Instead, Smith defends a unified theory where punishment serves retributivist, deterrent, and rehabilitative goals. The author then concludes with some critical remarks on how well this theory speaks to contemporary concerns.

Punishment is a topic of increasing importance for citizens and policy makers. Why should we punish criminals? Which theory of punishment is most compelling? Is the death penalty ever justified? These questions and many others are addressed in this highly engaging guide. Punishment is a critical introduction to the philosophy of punishment offering a new and refreshing approach that will benefit readers of all backgrounds and interests. This is the first critical guide to examine all leading contemporary theories of punishment, including the communicative theory of punishment, restorative justice, and the unified theory of punishment. There are also several case studies examined in detail including capital punishment, juvenile offending, and domestic abuse. Punishment highlights the problems and prospects of different approaches in order to argue for a more pluralistic and compelling perspective that is novel and groundbreaking. Introduction; Retributivism; Deterrence; Rehabilitation; Restorative Justice; Rawls, Hart, and "mixed" theories; Expressivism; The Unified Theory; Capital Punishment; Juvenile Offending; Domestic Abuse; Sexual Crimes; Conclusion; Index

Perhaps one of the most controversial aspects of Hegel's Philosophy of Right for contemporary interpreters is its discussion of the constitutional monarch. This is true despite the general agreement amongst virtually all interpreters that Hegel's monarch is no more powerful than modern constitutional monarchs and is an institution worthy of little attention or concern. In this article, I will examine whether or not it matters who is the monarch and what domestic and foreign powers he has. I argue against the virtual consensus of recent interpreters that Hegel's monarch is far more powerful than has been understood previously. In part, Hegel's monarch is perhaps even more powerful than Hegel himself may have realized and I will demonstrate certain inconsistencies with some of his claims. My reading represents a distinctive break from the virtual consensus, without endorsing the view that Hegel was a totalitarian

Imagine there are three boats equidistant from one another. You are alone in the first boat. The other two boats are sinking fast: one boat has one person (A), the other has two persons (B&C). There is only enough time to allow saving either A or B&C before their boats sink, drowning whoever is onboard. Will we always combine claims of those wishing to be saved and rescue B&C? Otsuka says that the 'Kamm-Scanlon' contractualist framework that does not aggregating various claims for rescue combines claims in this example. Otsuka has been criticized by Hirose and Kumar. Here I offer a defense.

This article argues that James Seth provides illuminating contributions to our understanding of law and, more specifically, the natural law tradition. Seth defends a unique perspective through his emphasis on personalism that helps identify a distinctive and compelling account of natural law and legal moralism. The next section surveys standard positions in the natural law tradition. This is followed with an examination of Seth's approach and the article concludes with analysis of its wider importance for scholars of Seth's work as well as legal philosophers more generally