Mark C. Murphy

Both Thomas Hobbes and John Austin identify civil law with commands issued by a sovereign; thus it is common to think of Austin’s theory of law as closely continuous with Hobbes’s view. Yet this “command of the sovereign” formulation masks deep differences between Hobbes and Austin, not only in their understandings of command and sovereign but also in the commitments that gave rise to their offering theories of law formulated in these terms. Nor is it correct to think that innovations in Hobbes’s conception of law paved the way for Austin’s more full-blown legal positivism: Hobbes’s jurisprudence is, in fundamentals, closely akin to Thomas Aquinas’s natural law jurisprudence. The idea that Hobbes and Austin are jurisprudential allies ought to be abandoned.

What is Justice? Classic and Contemporary Readings, 2/e, brings together many of the most prominent and influential writings on the topic of justice, providing an exceptionally comprehensive introduction to the subject. It places special emphasis on "social contract" theories of justice, both ancient and modern, culminating in the monumental work of John Rawls and various responses to his work. It also deals with questions of retributive justice and punishment, topics that are often excluded from other volumes on justice. This new edition features expanded and updated readings on justice and punishment and includes more recent responses to John Rawls's work. Part One of the book features selections from classical sources including Homer, Plato, Aristotle, Aquinas, and Mencius, as well as excerpts from the Bible and the Koran. Part Two provides readings on the state of nature and the social contract, from Hobbes and Locke to Rawls, Nozick, Gauthier, and Baier. Part Three includes the Declaration of Independence and Amendments to the U.S. Constitution in addition to selections on property and social justice by Locke, Hume, Adam Smith, Engels, Marx, Mill, and several contemporary authors. Part Four offers a wide variety of readings on punishment, several of which address the death penalty. Part Five begins with selections from Rawls's work and includes responses from Dworkin, Nagel, Nozick, MacIntyre, Sandel, Walzer, Okin, and Rawls himself. Each selection is preceded by a brief introduction and each of the five parts opens with an introduction. The volume is further enhanced by a general introduction and an updated and extensive bibliography. Ideal for a wide variety of courses including social and political philosophy, ethics, philosophy of law, and contemporary moral problems, What Is Justice?, 2/e, does not assume any philosophical or specialized background. It is also engaging reading for anyone interested in justice.

The question 'Why should I obey the law?' introduces a contemporary puzzle that is as old as philosophy itself. The puzzle is especially troublesome if we think of cases in which breaking the law is not otherwise wrongful, and in which the chances of getting caught are negligible. Philosophers from Socrates to H.L.A. Hart have struggled to give reasoned support to the idea that we do have a general moral duty to obey the law but, more recently, the greater number of learned voices has expressed doubt that there is any such duty, at least as traditionally conceived

The view that human law can be analyzed in terms of commands was subjected to devastating criticism by H. L. A. Hart in his 1961 The Concept of Law. Two objections that Hart levels against the command theory of law also make serious trouble for divine command theory. Divine command theorists would do well to jettison command as the central concept of their moral theory and, following Hart’s lead, instead appeal to the concept of a rule. Such a successor view—divine legislation theory—has the attractions of divine command theory without the unacceptable limitations of command theories that Hart identifies.

In Robust Ethics, Erik Wielenberg criticizes all theistic ethical theories that explain creaturely value in terms of God on the basis that all such formulations of theistic ethics are committed to the denial of the existence of creaturely intrinsic value. Granting Wielenberg’s claim that such theistic theories are committed to the denial of creaturely intrinsic value, this article considers whether theists should take such a denial to be an objectionable commitment of their views. I argue that theists should deny the existence of creaturely intrinsic value, and that such a denial is not an objectionable commitment of theism.

In the first book wholly concerned with divine authority, Mark C. Murphy explores the extent of God's rule over created rational beings. The author challenges the view—widely supported by theists and nontheists alike—that if God exists, then humans must be bound by an obligation of obedience to this being. He demonstrates that this view, the "authority thesis," cannot be sustained by any of the arguments routinely advanced on its behalf, including those drawn from perfect being theology, metaethical theory, normative principles, and even Scripture and tradition. After exposing the inadequacies of the various arguments for the authority thesis, he develops his own solution to the problem of whether, and to what extent, God is authoritative. For Murphy, divine authority is a contingent matter: while created rational beings have decisive reason to subject themselves to the divine rule, they are under divine authority only insofar as they have chosen to allow God's decisions to take the place of their own in their practical reasoning. The author formulates and defends his arguments for this view, and notes its implications for understanding the distinctiveness of Christian ethics.

The central thought of Jonathan Dancy’s Practical Reality is that any philosophically adequate account of reasons for action has to preserve the sense of the idea that agents can act for good reasons. Though platitudinous enough, this notion embodies the central difficulty faced in the theory of reasons for action: that the notion of a reason for action serves two roles, that of explaining action and that of justifying it. It is sometimes suggested that there is mere ambiguity here: there are motivating reasons and there are justifying reasons, and never the twain shall meet. However, to adopt this expedient is to commit oneself to the view that the reasons that are good and the reasons for which agents act are entities of two very different kinds, and thus that it is impossible for an agent to act for good reasons. An account of good reasons and of motivation that enables us to explain how this is indeed possible fixes the agenda for Practical Reality.

The aim of this paper is to take the first steps toward providing a refurbished consent theory of political authority, one that rests in part on a reconception of the relationship between the surrender of judgment and the authoritativeness of political institutions. On the standard view, whatever grounds political authority implies that one ought to surrender one's judgment to that of one's political institutions. On the refurbished view, it is the surrender of one's judgment – which can plausibly be considered a form of consent – that makes political institutions practically authoritative.

It is often claimed that John Finnis's natural law theory is detachable from the ultimate theistic explanation that he offers in the final chapter of Natural Law and Natural Rights. My aim in this paper is to think through the question of the detachability of Finnis's theistic explanation of the natural law from the remainder of his natural law view, both in Natural Law and Natural Rights and beyond. I argue that Finnis's theistic explanation of the natural law as actually presented can be, without too much strain, treated as largely detachable in the way that his readers have by and large supposed it to be; indeed, Finnis's account as actually presented really amounts to no explanation of the natural law at all, theistic or otherwise, and that fact accounts in part for the ease with which Finnis's natural law view can be detached from theism of that final chapter. Nevertheless, the considerations raised in that chapter militate in favor of a much more thoroughgoing, largely nondetachable theistic account. And it is just such an account that we find Finnis affirming in the development of his views after Natural Law and Natural Rights.

My aim is to defend the conscience principle: One ought never to act against the dictates of one’s conscience. In the first part of this paper, I explain what I mean by “conscience” and “dictate of conscience,” and I show that the notion that the conscience principle is inherently anti-authoritarian or inherently fanatical is mistaken. In the second part, I argue that the existence of mistaken conscience does not reduce the conscience principle to absurdity. In the third part, I present two arguments for the plausibility of that principle.