Jeffrie Murphy

(1940 - 2020)

We often impute responsibility to others for the purpose of retributive punishment - sometimes hoping that they receive the level of suffering proportional to what Kant calls their "inner wickedness". But do we know enough to do this without reckless error? Are we morally pure enough to do this without hypocrisy? The present essay explores these two questions. Oftmals rechnen wir anderen Verantwortlichkeit zu, um durch Strafe Vergeltung zu üben - und dies manchmal in der Hoffnung, daß ihnen gerade der Grad an Leid zugefügt wird, der im rechten Verhältnis zu dem steht, was Kant "innere Bösartigkeit" nennt. Aber wissen wir eigentlich genug, um dies ohne grobe Fahrlässigkeit, und sind wir moralisch rein genug, um dies ohne Heuchelei tun zu können? Der vorliegende Beitrag befaßt sich mit diesen beiden Fragen

In this revised edition, two distinguished philosophers have extended and strengthened the most authoritative text available on the philosophy of law and jurisprudence. While retaining their comprehensive coverage of classical and modern theory, Murphy and Coleman have added new discussions of the Critical Legal Studies movement and feminist jurisprudence, and they have strengthened their treatment of natural law theory, criminalization, and the law of torts. The chapter on law and economics remains the best short introduction to that difficult, controversial, and influential topic.Students will appreciate the careful organization and clear presentation of complicated issues as well as the emphasis on the relevance of both law and legal theory to contemporary society.

This is a slightly revised text of Jeffrie G. Murphy’s Presidential Address delivered to the American Philosophical Association, Pacific Division, in March 2006. In the essay the author reconsiders two positions he had previously defended—the liberal attack on legal moralism and robust versions of the retributive theory of punishment—and now finds these positions much more vulnerable to legitimate attack than he had previously realized. In the first part of the essay, he argues that the use of Mill’s liberal harm principle against legal moralism cannot be cabined in such a way as to leave intact other positions that many liberals want to defend—in particular, certain fundamental constitutional rights and character retributivism in criminal sentencing. In the second part of the essay, he expresses serious doubts—some inspired by Nietzsche—about the versions of character retributivism that he had once enthusiastically defended and now describes himself as no more than a reluctant retributivist

Achilles is vindictive; he wants to get even with Agamemnon. Being so disposed, he sounds rather like many current crime victims who angrily complain that the American system of criminal justice will not allow them the satisfactions they rightfully seek. These victims often feel that their particular injuries are ignored while the system addresses itself to some abstract injury to the state or to the rule of law itself – a focus that appears to result in wrongdoers being treated with much greater solicitation and respect than their victims receive. If the actual victims are noticed at all, they will likely be told that there is another branch of law – tort law – that has the job of dealing with private injuries and grievances and that, if they pursue this route at their own expense, they might ultimately get some financial compensation for the wrongs done to them. However, just as Achilles felt that mere compensation was inadequate to the kind of injury done to him by Agamemnon, many of these victims will often claim that the injuries they have suffered do not admit of financial compensation. How, they might ask, can a dollar value be set on the humiliation and degradation they have experienced? They might also note that those who injure them tend, unlike Agamemnon, to be judgment-proof – so lacking in resources as to be unable to make any meaningful contribution to any compensation package that the victim may win.

Plato. Crito.--Mill, J. S. Utilitarianism.--Rawls, J. Two concepts of rules.--Kant, I. Fundamental principles of the metaphysic of morals.--Rawls, J. Justice as fairness.--Benn, S. I. and Peters, R. S. Society and types of social regulation.--Hobbes, T. Leviathan, abridged.--Hayek, F. A. The principles of a liberal social order.--Marx, K. Alienation and its overcoming in Communism.--Lukes, S. Alienation and anomie.--Garver, N. What violence is.--Zinn, H. The force of nonviolence.--Caudwell, C. Pacifism and violence; a study in bourgeois ethics.--Bennett, J. Whatever the consequences.--Foot, P. Abortion and the doctrine of the double effect.--Benn, S. I. Punishment.--Mill, J. S. Selection from On liberty.--Mill, J. S. Selection from Considerations on representative government.--Marcuse, H. The new forms of control.--Mill, J. S. The subjection of women, abridged.--Dickinson, J. A working theory of sovereignty, abridged.--Rawls, J. The justification of civil disobedience.

Introduction. For the most part, Kant’s moral philosophy is no longer taught. What is taught instead is a parody of Kant’s moral philosophy. His views, generally used as a foil for some other view like utilitarianism, are summed up in a few popular cliches which have achieved the status of interpretive dogma. Small wonder that undergraduates go away thinking that Kant is, at worst, a moral fanatic or, at best, a well-intentioned bungler who allowed his right-wing political views and Pietist upbringing to get in the way of his philosophical acumen.

The central or dominant intellectual model which provided the structure of social and political thought in the 18th century was the "social contract". Both hume and kant felt obliged to assess it carefully-Hume coming out an opponent and kant a supporter of the model. This opposition is particularly interesting for the following reason: hume's attack on social contract theory is directed primarily against hobbes and locke, And it is interesting to see if post-Humean social contract theories (especially kant's and that of our own contemporary john rawls) succeed in avoiding his very powerful objections to this line of thought