•  618
    Assessing capability instead of achieved functionings in risk analysis
    with Paolo Gardoni
    Journal of Risk Research 13 (2): 137-147. 2010.
    A capability approach has been proposed to risk analysis, where risk is conceptualized as the probability that capabilities are reduced. Capabilities refer to the genuine opportunities of individuals to achieve valuable doings and beings, such as being adequately nourished. Such doings and beings are called functionings. A current debate in risk analysis and other fields where a capability approach has been developed concerns whether capabilities or actual achieved functionings should be used. T…Read more
  •  128
    A Moral Theory of Political Reconciliation
    Cambridge University Press. 2010.
    Following extended periods of conflict or repression, political reconciliation is indispensable to the establishment or restoration of democratic relationships and critical to the pursuit of peacemaking globally. In this book, Colleen Murphy offers an innovative analysis of the moral problems plaguing political relationships under the strain of civil conflict and repression. Focusing on the unique moral damage that attends the deterioration of political relationships, Murphy identifies the preci…Read more
  •  126
    Lon Fuller and the moral value of the rule of law
    Law and Philosophy 24 (3): 239-262. 2004.
    It is often argued that the rule of law is only instrumentally morally valuable, valuable when and to the extent that a legal system is used to purse morally valuable ends. In this paper, I defend Lon Fuller’s view that the rule of law has conditional non-instrumental as well as instrumental moral value. I argue, along Fullerian lines, that the rule of law is conditionally non-instrumentally valuable in virtue of the way a legal system structures political relationships. The rule of law specifie…Read more
  •  58
    The acceptability and the tolerability of societal risks: A capabilities-based approach
    with Paolo Gardoni
    Science and Engineering Ethics 14 (1): 77-92. 2008.
    In this paper, we present a Capabilities -based Approach to the acceptability and the tolerability of risks posed by natural and man-made hazards. We argue that judgments about the acceptability and/or tolerability of such risks should be based on an evaluation of the likely societal impact of potential hazards, defined in terms of the expected changes in the capabilities of individuals. Capabilities refer to the functionings, or valuable doings and beings, individuals are able to achieve given …Read more
  •  53
    Political Reconciliation, the Rule of Law, and Genocide
    The European Legacy 12 (7): 853-865. 2007.
    Political reconciliation involves the repairing of damaged political relationships. This paper considers the possibility and moral justifiability of pursuing political reconciliation in the aftermath of systematic and egregious wrongdoing, in particular genocide. The first two sections discuss what political reconciliation specifically requires. I argue that it neither entails nor necessitates forgiveness. Rather, I claim, political reconciliation should be conceptualized as the (re-)establishme…Read more
  •  51
    Justice and Reconciliation in Post-Apartheid South Africa
    Philosophical Papers 40 (1): 49-154. 2011.
    This Article does not have an abstract
  •  50
    This paper proposes a Capabilities -based Approach to guide hazard mitigation efforts. First, a discussion is provided of the criteria that should be met by an adequate framework for formulating public policy and allocating resources. This paper shows why a common decision-aiding tool, Cost-benefit Analysis, fails to fulfill such criteria. A Capabilities -based Approach to hazard mitigation is then presented, drawing on the framework originally developed in the context of development economics a…Read more
  •  34
    Reconciliation
    Stanford Encyclopedia of Philosophy. 2015.
    Particular conceptions of reconciliation vary across a number of dimensions. As section 1 explains, the kind of relationship at issue in a specific context affects the type of improvement in relations that might be necessary in order to qualify as reconciliation. Reconciliation is widely taken to be a scalar concept. Section 2 discusses the spectrum of intensity along which kinds of improvement in relationships fall, and indicates why, in particular contexts, theorists often disagree about the p…Read more
  •  25
    Engineering Ethics for a Globalized World (edited book)
    with P. Gardoni, H. Bashir, C. E. Harris Jr, ,, and E. Masad
    Springer International Publishing. 2015.
    This volume identifies, discusses and addresses the wide array of ethical issues that have emerged for engineers due to the rise of a global economy. To date, there has been no systematic treatment of the particular challenges globalization poses for engineering ethics standards and education. This volume concentrates on precisely this challenge. Scholars and practitioners from diverse national and professional backgrounds discuss the ethical issues emerging from the inherent symbiotic relations…Read more
  •  22
    Gauging the societal impacts of natural disasters using a capability approach
    with Paolo Gardoni
    Disasters 34 (3): 619-636. 2010.
    There is a widely acknowledged need for a single composite index that provides a comprehensive picture of the societal impact of disasters. A composite index combines and logically organizes important information policy-makers need to allocate resources for the recovery from natural disasters; it can also inform hazard mitigation strategies. This paper develops a Disaster Impact Index (DII) to gauge the societal impact of disasters on the basis of the changes in individuals’ capabilities. The DI…Read more
  •  21
    Political reconciliation and international criminal trials
    In Larry May & Zachary Hoskins (eds.), International Criminal Law and Philosophy, Cambridge University Press. 2010.
    I argue that international criminal trials can contribute to political reconciliation by fostering the social conditions required for law’s efficacy.
  •  19
    Jus Post Bellum and Political Reconciliation
    In Larry May & Elizabeth Edenberg (eds.), Jus Post Bellum and Transitional Justice, Cambridge University Press. 2013.
    The category of jus post bellum is a welcome addition to discussions of the justice of war. But, despite its handy Latin label, we will argue that it cannot be properly understood merely as a set of corollaries from jus ad bellum and jus in bello. Instead, an acceptable theory of justice in the postwar period will have to draw on a broader set of normative ideas than those that have been the focus of the just war tradition. In this paper, we will argue that norms of political reconciliation prov…Read more
  •  17
    Reply to Critics
    Criminal Law and Philosophy 10 (1): 165-177. 2016.
    One of the central moral challenges facing numerous political communities today is political reconciliation. In the aftermath of repression, conflict, and injustice, communities confront the task of repairing damaged relationships among citizens and between citizens and officials. In A Moral Theory of Political Reconciliation, I develop a theory of what this process entails and of its moral significance. My central claim is that political relationships are damaged when and to the extent that the…Read more
  •  15
    International Criminal Trials and the Circumstances of Justice
    Criminal Law and Philosophy 12 (4): 575-585. 2018.
    Transitional justice is broadly understood to refer to formal efforts to deal with past wrongs in the midst of a transition from an extended period of conflict or repression to democracy. In this paper, I consider the role of international criminal trials in transitional justice. I argue that such trials may contribute to transitional justice, but such contributions are conditional on two main factors. The first factor is time. The second factor is what other transitional justice responses are a…Read more
  •  15
    Political reconciliation, the rule of law, and truces
    Journal of Global Ethics 13 (1): 28-39. 2017.
    Nir Eisikovits argues in A Theory of Truces that most contemporary conflicts wind down in a much more piecemeal fashion than our theorizing about the morality of ending wars suggests. Pauses in violence are achieved by securing agreement on narrow questions. Moreover, rather than hoping to do away with violence, theorizing would do best, he writes, to take as its starting point the fact of warfare as part of the human condition. Eisikovits aims to articulate the features of truce thinking, a fra…Read more
  •  12
    Understanding Engineers’ Responsibilities: A Prerequisite to Designing Engineering Education
    with Paolo Gardoni
    Science and Engineering Ethics 1-4. 2017.
    The development of the curriculum for engineering education should be based on a comprehensive understanding of engineers’ responsibilities. The responsibilities that are constitutive of being an engineer include striving to fulfill the standards of excellence set by technical codes; to improve the idealized models that engineers use to predict, for example, the behavior of alternative designs; and to achieve the internal goods such as safety and sustainability as they are reflected in the desig…Read more
  •  11
    Recovery From Natural and Man-Made Disasters As Capabilities Restoration and Enhancement
    with P. Gardoni
    International Journal of Sustainable Development and Planning 3 (4): 1-17. 2008.
    In the literature on the recovery of societies from natural disasters, a dominant theme is the importance of pursuing and achieving sustainable recovery. Sustainability implies that recovery efforts should aim to (re-) build, maintain, and, if possible, enhance the quality of life of members of the disaster-stricken community in the short and long term. In this paper, we propose a capabilities-based approach to recovery and argue that it provides important theoretical resources for better realiz…Read more
  •  11
    ABSTRACTTransitional justice encompasses a global body of scholarship and practice that concentrates on responses to large-scale wrongdoing in the context of an attempted shift from conflict and/or repression. In my book, The Conceptual Foundations of Transitional Justice I argue that transitional justice is a distinctive type of justice. Transitional justice requires the just pursuit of societal transformation. I define transformation relationally, as the terms defining interaction among citize…Read more
  •  8
    Book Review: Global Justice and Due Process, written by Larry May (review)
    Journal of Moral Philosophy 11 (2): 237-240. 2014.
  •  8
    Political Reconciliation, Jus Post Bellum and Asymmetric Conflict
    Theoria: A Journal of Social and Political Theory 62 (145). 2015.
  •  6
    I discuss why one critical aspect of the process of political reconciliation involves the restoration of mutual respect for the rule of law and suggest that psychological research on post-traumatic stress disorder (PTSD) provides valuable resources for understanding how successfully to restore such mutual respect.
  •  6
    III—On Principled Compromise: When Does a Process of Transitional Justice Qualify as Just?
    Proceedings of the Aristotelian Society 120 (1): 47-70. 2020.
    Processes of transitional justice deal with large-scale wrongdoing committed during extended periods of conflict or repression. This paper discusses three common moral objections to processes of transitional justice, which I label shaking hands with the devil, selling victims short, and entrenching the status quo. Given the scale of wrongdoing and the context in which transitional justice processes are adopted, compromise is necessary. To respond to these objections, I argue, it is necessary to …Read more
  •  5
    The development of the curriculum for engineering education should be based on a comprehensive understanding of engineers’ responsibilities. The responsibilities that are constitutive of being an engineer include striving to fulfill the standards of excellence set by technical codes; to improve the idealized models that engineers use to predict, for example, the behavior of alternative designs; and to achieve the internal goods such as safety and sustainability as they are reflected in the desig…Read more
  •  1
    The Conceptual Foundations of Transitional Justice
    Cambridge University Press. 2017.
    Many countries have attempted to transition to democracy following conflict or repression, but the basic meaning of transitional justice remains hotly contested. In this book, Colleen Murphy analyses transitional justice - showing how it is distinguished from retributive, corrective, and distributive justice - and outlines the ethical standards which societies attempting to democratize should follow. She argues that transitional justice involves the just pursuit of societal transformation. Such …Read more
  • The Nature and Moral Importance of Political Reconciliation
    Dissertation, The University of North Carolina at Chapel Hill. 2004.
    Societies in transition from repressive rule or civil conflict to a just social order confront distinctive challenges. Many authors claim that the long-term stability of newly established democracies depends crucially upon the ability of former adversaries to reconcile. Interestingly, however, authors typically assume, rather than attempt to prove, the truth of this claim, thereby presupposing the moral value of political reconciliation. Similar assumptions underlie debates about whether truth c…Read more