•  73
    Cosmopolitanism and distributing responsibilities
    Critical Review of International Social and Political Philosophy 5 (3): 92-97. 2002.
    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 …Read more
  •  73
    In Defence of Punishment and the Unified Theory of Punishment: A Reply
    Criminal Law and Philosophy 10 (3): 629-638. 2016.
    My book, Punishment, has three aims: to provide the most comprehensive and updated examination of the philosophy of punishment available, to advance a new theory—the unified theory of punishment—as a compelling alternative to available theories and to consider the relation of theory to practice. In his recent review article, Mark Tunick raises several concerns with my analysis. I address each of these concerns and argue they rest largely on misinterpretations which I restate and clarify here.
  •  70
    What is global about global justice? Toward a global philosophy
    In New waves in global justice, Palgrave Macmillan. pp. 228-244. 2014.
    Global justice as a field must confront a central problem: how global is global justice? A defining feature about the burgeoning literature in global justice is its operation within a bounded, philosophical tradition. Global justice research is too often a product of one tradition in self-isolation from others that nonetheless claims to speak for what is best for all. This criticism applies to various philosophical traditions whether so-called “analytic,” “Continental” or others. The problem is …Read more
  •  69
    A New Problem with the Capabilities Approach
    The Harvard Review of Philosophy 20 100-106. 2014.
    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 d…Read more
  •  68
    This is a review of Richard Lippke - "Rethinking Imprisonment".
  •  68
    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 faciliti…Read more
  •  68
    A new approach (review)
    The Philosophers' Magazine 54 (54): 110-111. 2011.
  •  67
    Hiding from humanity: Disgust, shame, and the law
    Journal of Applied Philosophy 24 (3). 2007.
    This is a book review of Martha C. Nussbaum - "Hiding from Humanity".
  •  67
    Unlocking Morality from Criminal Law
    Journal of Moral Philosophy 14 (3): 339-352. 2017.
    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…Read more
  •  63
    Philosophy Unbound: The Idea of Global Philosophy
    Metaphilosophy 44 (3): 254-266. 2013.
    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 horizon…Read more
  •  61
    Hegel’s Philosophy of Freedom (review)
    The Owl of Minerva 35 (1-2): 70-73. 2003.
    Paul Franco offers us an examination of Hegel’s political philosophy that will surely be welcomed by all scholars in the field. Most welcoming is Franco’s admonition at the very beginning that Hegel’s Philosophy of Right belongs to a select group of masterpieces in political philosophy, including Plato’s Republic, Aristotle’s Politics, Hobbes’s Leviathan, and Rousseau’s Social Contract. As the literature on Hegel’s political thought continues to bloom, this will be all the more apparent the long…Read more
  •  57
    Preserving Capabilities
    American Journal of Bioethics 12 (6): 48-49. 2012.
    The American Journal of Bioethics, Volume 12, Issue 6, Page 48-49, June 2012
  •  57
    Hegel, Nietzsche, and Philosophy: Thinking Freedom (review)
    Philosophy 79 (1): 149-153. 2004.
    This is a book review of Will Dudley, "Hegel, Nietzsche, and Philosophy"
  •  56
    Is Plato's political philosophy anti-democratic
    In Erich Kofmel (ed.), Anti-Democratic Thought, Imprint Academic. 2008.
    On why Plato's arguments against democracy are against Athenian conceptions, not modern forms of democracy where a civil service and bureaucracy play critically important roles as experts supporting elected decision-makers.
  •  55
    Does philosophy deserve a place at the supreme court?
    Rutgers Law Record 27 (1): 1-17. 2003.
    This Comment demonstrates that policy judgements are not masked by philosophical references, nor do philosophers play any crucial role in contentious judicial decisions. Neomi Rao’s study is flawed for many reasons: incomplete content analysis, poor assessment of data, and an inadequate definition of philosophy. She should be criticised for hypocritically praising Court philosopher references in some instances and not others, especially with regard to the Court’s early development. This Comment …Read more
  •  55
    The most comprehensive collection on Hegel's Philosophy of Right available Features new essays by leading international Hegel interpreters divided in sections ...
  •  54
    British Idealism
    Oxford Bibliographies Online. 2011.
    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 contri…Read more
  •  52
    Should We Nudge Informed Consent?
    American Journal of Bioethics 13 (6): 22-23. 2013.
    Exploring the use of nudges and informed consent in medical ethics.
  •  52
    Remedial responsibilities beyond nations
    Journal of Global Ethics 10 (2): 156-166. 2014.
    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 respo…Read more
  •  50
    In Search of Śiva: Mahādēviyakka's V&īraśaivism
    Asian Philosophy 12 (1): 21-34. 2002.
    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 d…Read more
  •  48
    Is Hegel a Retributivist?
    Bulletin of the Hegel Society of Great Britain 25 (1-2): 113-126. 2004.
    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 n…Read more
  •  48
    The Fall Paradox
    Philosophy and Theology 19 (1-2): 3-5. 2007.
    In the Garden of Eden, the serpent convinces Eve to eat fruit from the Tree of Conscience, which she does and shares with Adam. Adam and Eve act in contravention to God’s orders against eating fruit from the tree. Traditional interpretations have suggested that this event—commonly referred to as “the Fall”—is an event where the serpent lied to Eve and that it was entirely negative. Instead, I argue that the serpent was correct to say, in fact, that in eating thisfruit we would become closer to G…Read more
  •  47
    Choosing Correct Punishments
    Archives de Philosophie du Droit 47 365-369. 2003.
    One of the most controversial aspects of legal philosophy concerns the justification of specific punishments for particular criminal violations. Surprisingly, there has not been any attempt to arrive systematically at any conclusive formula for deriving correct punishments. This article aspires to fulfil this urgent need. I shall examine (1) retributive, (2) consequentialist, (3) reformative, and (4) deterrent punishments in an attempt to derive general equations. It is my wish that by contribut…Read more
  •  45
    D. Miller et « Distributing Responsibilities »
    Archives de Philosophie du Droit 52 381-386. 2009.
    D. Miller considère que sa théorie de la connexion peut se révéler précieuse en soulignant la complexité de l’attribution de la responsabilité réparatrice afin de soulager la misère du monde. L’auteur apprécie à sa juste valeur cette exploration des moyens permettant d’envisager la responsabilité réparatrice entre États, il considère néanmoins que ce point de vue soulève davantage de questions qu’il n’en résout.
  •  44
    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 a…Read more
  •  43
    Punishment and Reincarnation
    Journal of Indian Philosophy and Religion 13 21-37. 2008.
    The doctrine of reincarnation is endorsed by various philosophers in both the Western and Eastern traditions. This paper will explore the relationship between reincarnation and legal punishment. Three competing views of reincarnation will be analyzed on this issue: Plato's work on Socrates, the Bhagavad Gita, and Mahayana Buddhism. Each view presents interesting, but different perspectives on how our view of the person might affect how we punish. The paper will claim that there are practical imp…Read more
  •  42
    Defending Punishment. Replies to Critics
    Philosophy and Public Issues - Filosofia E Questioni Pubbliche 5 (1). 2015.
    I am very grateful to the contributors for this symposium for their essays on my Punishment book. Each focuses with different elements of my work. Antony Duff examines the definition of punishment in my first few pages. Michelle Madden Dempsey analyses the importance given to coherence in my account and critique of expressivist theories of punishment. Richard Lippke considers my statements about negative retributivism in an important new defence of that approach. I examine each of these in turn …Read more
  •  42
    More than Recognition
    The Owl of Minerva 51 (1): 59-86. 2020.
    Hegel’s project of reconciliation is central to his Philosophy of Right. This article argues that scholars have understood this project in one of two ways, as a form of rational reconciliation or a kind of endorsement. Each is incomplete and their inability to capture the kind of reconciliation Hegel has in mind is made apparent when we consider the kind of problem that the rabble creates for modern society, which reconciliation is meant to address. The article concludes that more than mutual re…Read more
  •  40
    Punishment and Moral Sentiments
    Review of Metaphysics 66 (2): 281-293. 2012.
    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 rehabi…Read more