Thom Brooks

Amongst contemporary theorists, the most widespread interpretation of Hegel's theory of punishment is that it is a retributivist theory of annulment, where punishments cancel the performance of crimes. The theory is retributivist insofar as the criminal punished must be demonstrated to be deserving of a punishment that is commensurable in value only to the nature of his crime, rather than to any consequentialist considerations. As Antony Duff says: [retributivism] justifies punishment in terms not of its contingently beneficial effects but of its intrinsic justice as a response to crime; the justificatory relationship holds between present punishment and past crime, not between present punishment and future effects. Punishment is given only to persons responsible for committing crime. In addition, the degree of punishment is set in proportion to the relative badness of the precipitating crime. Thus, retributivism can be understood as an individualistic theory because the only relevant factors pertain solely to the individual criminal himself. The general attraction of Hegel's version of retributivism is that the punishments his theory is thought to endorse are commensurable in value with precipitating crimes, in contrast to the strict equivalence required by Kant's theory of punishment. As a result, Hegel's theory is praised both for being more acceptable to modern readers than Kant's so-called ‘pure retributivism’, as well as for being an ‘emphatically anti-utilitarian’ theory. Despite widespread agreement on these general features, it is hotly contested how exactly we are to understand the way in which punishment cancels crimes, and Hegel's difficult style has only served to make the controversy deeper. For example, Ted Honderich says: ‘A punishment is an annulment, a cancellation or a return to a previous state of affairs … All this, of course, is obscure. It is by Hegel’.

David Miller's theory of nationalism and national responsibility offers the leading alternative ‘anticosmopolitan’ theory of global justice. His theory claims that ‘nations’ may be held responsible for the benefits and harms resulting from their collective decisions. Nations may be held remedially responsible to help nations in need even where the former lack causal or moral responsibility, for example. This article critically examines Miller's position that remedial responsibilities – the responsibilities of nations to remedy others in need – can and should only be satisfied by nations. I argue that the characteristics that define and justify a particular understanding of nationalism extend to further constructions of identity, such as religious affiliation and other connections. The problem with Miller's position is that it is overly narrow by focusing solely on our national identities as the characteristic most relevant for determining remedial responsibilities. It is possible and desirable to widen ou..

This article argues that even if we grant that murderers may deserve death in principle, retributivists should still oppose capital punishment. The reason? Our inability to know with certainty whether or not individuals possess the necessary level of desert. In large part due to advances in science, we can only be sure that no matter how well the trial is administered or how many appeals are allowed or how many years we let elapse, we will continue to execute innocent persons for as long as we legalize capital punishment. Thus, on grounds of desert, this article argues that retributivists should oppose capital punishment.

In this article, I argue that - despite the absence of any clear influence of one theory on the other - the legal theories of Dworkin and Hegel share several similar and, at times, unique positions that join them together within a distinctive school of legal theory, sharing a middle position between natural law and legal positivism. In addition, each theory can help the other in addressing certain internal difficulties. By recognizing both Hegel and Dworkin as proponents of a position lying in between natural law and legal positivist jurisprudence, we can gain clarity in why their general legal theories seem to fit uncomfortably, if indeed they can be said to fit at all, within so many different camps - while fitting comfortably in no particular camp - as well as highlight what has been overlooked.

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.

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.

Global justice is an exciting area of refreshing, innovative new ideas for a changing world facing significant challenges. Not only does work in this area often force us to rethink about ethics and political philosophy more generally, but its insights contain seeds of hope for addressing some of the greatest global problems facing humanity today. The Oxford Handbook of Global Justice has been selective in bringing together some of the most pressing topics and issues in global justice as understood by the leading voices from both established and rising stars across twenty-five new chapters. This Handbook explores severe poverty, climate change, egalitarianism, global citizenship, human rights, immigration, territorial rights, and much more.