Gerald Dworkin

Of liberty and necessity, by D. Hume.--The doctrine of necessity examined, by C. S. Peirce.--Determinism in history, by E. Nagel.--Some arguments for free will, by T. Reid.--Has the self free will? by C. A. Campbell.--Dialogue on free will, by L. de Valla.--Can the will be caused? by C. Ginet.--Free will, by G. E. Moore.--A modal muddle, by S. N. Thomas.--Determinism, indeterminism, and libertarianism, by C. D. Broad.--An empirical disproof of determinism? by K. Lehrer.--Free will, praise and blame, by J. J. C. Smart.--Bibliographical essay.

Some of the most difficult and wrenching social and political issues in U.S. society today are about the relationship between strongly held moral values and the laws of the land. There is no consensus about whether the law should deal with morality at all, and if it is to do so, there is no agreement over whose morality is to be reflected in the law.In this compact and carefully edited anthology, Gerald Dworkin presents the readings necessary for an understanding of these issues. The volume contains classical and contemporary philosophical statements as well as a generous sampling of legal cases and opinions, including such topics of current interest as flag-burning, nude dancing, the sale of human organs, and sexual behavior. The volume represents the best in applied legal and moral philosophy.

I take as my starting point the “one very simple principle” proclaimed by Mill in On Liberty … “That principle is, that the sole end for which mankind are warranted, individually or collectively, in interfering with the liberty of action of any of their number, is self-protection. That the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. He cannot rightfully be compelled to do or forbear because it will be better for him to do so, because it will make him happier, because, in the opinion of others, to do so would be wise, or even right.”

In both theoretical and applied contexts the concept of autonomy has assumed increasing importance in recent normative philosophical discussion. Given various problems to be clarified or resolved the author characterizes the concept by first setting out conditions of adequacy. The author then links the notion of autonomy to the identification and critical reflection of an agent upon his first-order motivations. It is only when a person identifies with the influences that motivate him, assimilates them to himself, that he is autonomous. In addition this process of identification must itself meet certain procedural constraints.