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According to the principle of double effect, there is a strict moral constraint against bringing about serious harm to the innocent intentionally, but it is permissible in a wider range of circumstances to act in a way that brings about harm as a foreseen but non-intended side effect. This idea plays an important role in just war theory and international law, and in the twentieth century Elizabeth Anscombe and Philippa Foot invoked it as a way of resisting consequentialism. However, many moral philosophers now regard the principle with hostility or suspicion. Challenging the philosophical orthodoxy, Joshua Stuchlik defends the principle of double effect, situating it within a moral framework of human solidarity and responding to philosophical objections to it. His study uncovers links between ethics, philosophy of action, and moral psychology, and will be of interest to anyone seeking to understand the moral relevance of intention.
A comprehensive defense of the principle of double effect and the importance of intentions for normative ethics.
The principle of double effect has a long history, from scholastic disputations about self-defense and scandal to current debates about terrorism, torture, euthanasia, and abortion. Despite being widely debated, the principle remains poorly understood. In Intention, Character, and Double Effect, Lawrence Masek combines theoretical and applied questions into a systematic defense of the principle that does not depend on appeals to authority or intuitions about cases. Masek argues that actions can be wrong because they corrupt the agent's character and that one must consider the agent's perspective to determine which effects the agent intends. This defense of the principle clears up common confusions and overcomes critics' objections, including confusions about trolley and transplant cases and objections from neuroscience and moral psychology. This book will interest scholars and students in different fields of study, including moral philosophy, action theory, moral theology, and moral psychology. Its discussion of contemporary ethical issues and sparse use of technical jargon make it suitable for undergraduate and graduate courses in applied ethics. The appendix summarizes the main cases that have been used to illustrate or to criticize the principle of double effect.
This book offers a major reassessment of the philosophy of Peter Abelard (1079-1142) which shows that he was a far more constructive and wider-ranging thinker than has usually been supposed. It combines detailed historical discussion, based on published and manuscript sources, with philosophical analysis which aims to make clear Abelard's central arguments about the nature of things, language and the mind, and about morality. Although the book concentrates on these philosophical questions, it places them within their theological and wider intellectual context.
The Routledge Handbook of Collective Responsibility comprehensively addresses questions about who is responsible and how blame or praise should be attributed when human agents act together. Such questions include: Do individuals share responsibility for the outcome or are individuals responsible only for their contribution to the act? Are individuals responsible for actions done by their group even when they don’t contribute to the outcome? Can a corporation or institution be held morally responsible apart from the responsibility of its members? The Handbook’s 35 chapters—all appearing here for the first time and written by an international team of experts—are organized into four parts: Part I: Foundations of Collective Responsibility Part II: Theoretical Issues in Collective Responsibility Part III: Domains of Collective Responsibility Part IV: Applied Issues in Collective Responsibility Each part begins with a short introduction that provides an overview of issues and debates within that area and a brief summary of its chapters. In addition, a comprehensive index allows readers to better navigate the entirety of the volume’s contents. The result is the first major work in the field that serves as an instructional aid for those in advanced undergraduate courses and graduate seminars, as well as a reference for scholars interested in learning more about collective responsibility.
'Taxpayers are complicit in the illegal wars waged by their governments.' 'Corporations are complicit in human rights abuses perpetrated by their suppliers.' 'Aid workers who compromise with militias are complicit in their reign of terror.' We hear such allegations all the time. Yet there are many ways of being mixed up with the wrongdoing of others. They are not all on a par, morally; some are worse than others. Furthermore, complicitly contributing to wrongdoing, while still wrong in itself, might nonetheless be the right thing to do if that is the only way to achieve some greater good. Drawing on philosophy, law and political science, and on a wealth of practical experience delivering emergency medical services in conflict-ridden settings, Lepora and Goodin untangle the complexities surrounding compromise and complicity: carefully cataloguing their many varieties; identifying the dimensions along which those differ; and explaining why some are morally more worrying than others. Lepora and Goodin summarize their analysis in a formula that can be used as a decision heuristic for assessing any given act of complicity. They go on to illustrate its practical usefulness by applying it first to some stylized philosophical examples and then, in a more sustained way, to two vexing cases of complicity in the real world: the complicity of humanitarian aid organizations with genocidaires controlling Rwandan refugee camps; and the complicity of physicians treating patients who are being subjected to torture. Both rigorous and rooted, this is a book for philosophers and practitioners alike.
The doctrine of hell presents the most intractable version of the problem of evil, for though it might be argued that ordinary pain and evil can somehow be compensated for by the course of future experience, the pain and suffering of hell leads nowhere. This work develops an understanding of hell that is common to a broad variety of religious perspectives, and argues that the usual understandings of hell are incapable of solving the problem of hell. Kvanvig first argues that the traditional understanding of hell found in Christianity suffers from moral and epistemological inadequacies. Historically, these shortcomings lead to alternatives to the traditional doctrine of hell, such as universalism, annihilationism, or the second chance doctrine. Kvanvig shows, however, that the typical alternatives to the traditional understanding are inadequate as well. He argues that both the traditional understanding and the typical alternatives fail to solve the problem of hell because they share the common flaw of being constructed on a retributive model of hell. Kvanvig then develops a philosophical account of hell which does not depend on a retributive model and argues that it is adequate on both philosophical and theological grounds.
Twenty-five leading contemporary theorists of criminal law tackle a range of foundational issues about the proper aims and structure of the criminal law in a liberal democracy. The challenges facing criminal law are many. There are crises of over-criminalization and over-imprisonment; penal policy has become so politicized that it is difficult to find any clear consensus on what aims the criminal law can properly serve; governments seeking to protect their citizens in the face of a range of perceived threats have pushed the outer limits of criminal law and blurred its boundaries. To think clearly about the future of criminal law, and its role in a liberal society, foundational questions about its proper scope, structure, and operations must be re-examined. What kinds of conduct should be criminalized? What are the principles of criminal responsibility? How should offences and defences be defined? The criminal process and the criminal trial need to be studied closely, and the purposes and modes of punishment should be scrutinized. Such a re-examination must draw on the resources of various disciplines-notably law, political and moral philosophy, criminology and history; it must examine both the inner logic of criminal law and its place in a larger legal and political structure; it must attend to the growing field of international criminal law, it must consider how the criminal law can respond to the challenges of a changing world. Topics covered in this volume include the question of criminalization and the proper scope of the criminal law; the grounds of criminal responsibility; the ways in which offences and defences should be defined; the criminal process and its values; criminal punishment; the relationship between international criminal law and domestic criminal law. Together, the essays provide a picture of the exciting state of criminal law theory today, and the basis for further research and debate in the coming years.
This is a reprint of a book first published by Little, Brown in 1978. George Fletcher is working on a new edition, which will be published by Oxford in three volumes, the first of which is scheduled to appear in January of 2001. Rethinking Criminal Law is still perhaps the most influential and often cited theoretical work on American criminal law. This reprint will keep this classic work available until the new edition can be published.