-
177Philosophy of law: an introduction to jurisprudenceWestview Press. 1990.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 rem…Read more
-
50Another look at legal moralismEthics 77 (1): 50-56. 1966.The idea that immoral conduct ought to be criminalized is already often rejected, But not for precisely the right reasons. Victim-Less crimes ought to be decriminalized not (as h l a hart and j s mill argue) because it is immoral to make crimes of them, But because it is contrary to the nature of the criminal law itself. Acts of private immorality do not violate the rights of the participants; thus they cannot be crimes because there is no crime where there is no deprivation of rights. (staff)
-
161Legal moralism and retribution revisitedCriminal Law and Philosophy 1 (1): 5-20. 2007.This is a slightly revised text of Jeffrie G. Murphyâs Presidential Address delivered to the American Philosophical Association, Pacific Division, in March 2006. In the essay the author reconsiders two positions he had previously defendedâthe liberal attack on legal moralism and robust versions of the retributive theory of punishmentâand 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 us…Read more
-
55Kantian Autonomy and Divine CommandsFaith and Philosophy 4 (3): 276-281. 1987.James Rachels has argued that a morally autonomous person (in Kant’s sense) could not consistently accept the authority of divine commands. Against Rachels, this essay argues (a) that the Kantian concept of moral autonomy is to be analyzed in terms of an agent’sresponsiveness to the best available moral reasons and (b) that it is simply question-begging against divine command theory to assume that such commands could not count as the best moral reasons available to an agent.
-
139Hume and Kant on the social contractPhilosophical Studies 33 (1). 1978.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 (esp…Read more
-
39Meaningfulness and the Doctrine of Eternal ReturnInternational Studies in Philosophy 18 (2): 61-66. 1986.
-
25Review of William Ian Miller, Eye for an Eye (review)Notre Dame Philosophical Reviews 2006 (7). 2006.
-
61Forgiveness and MercyCambridge University Press. 1988.This book focuses on the degree to which certain moral and legal doctrines are rooted in specific passions that are then institutionalised in the form of criminal law. A philosophical analysis is developed of the following questions: when, if ever, should hatred be overcome by sympathy or compassion? What are forgiveness and mercy and to what degree do they require - both conceptually and morally - the overcoming of certain passions and the motivation by other passions? If forgiveness and mercy …Read more
-
83A paradox in Locke's Theory of Natural RightsDialogue 8 (2): 256-271. 1969.There are certain recurring objections to Locke's theory of legitimate government and the conception of natural rights on which it is based. These objections generally take the form of showing that most of Locke's claims in the Second Treatise stand largely as ad hoc assertions, defended—if at all—not by philosophical argumentation but by appeals to theology or intuition. These criticisms might be called external criticisms of Locke's theory because they focus, not upon the coherence of the theo…Read more
-
Legal Moralism and Retribution RevisitedProceedings and Addresses of the American Philosophical Association 80 (2): 45-62. 2006.
-
10Happiness and immoralityIn Exploring ethics: an introductory anthology, Oxford University Press. 2009.
-
76Kant’s Concept of a Right ActionThe Monist 51 (4): 574-598. 1967.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 upbr…Read more
-
Arizona State UniversityRegular Faculty
Tempe, Arizona, United States of America
Areas of Specialization
Normative Ethics |
Philosophy of Law |