While the plea of duress is generally accepted as a defense against criminal prosecution, the reasons why it exonerates are subject to dispute and disagreement. Duress is not easily recognizable as either an excusing or justifying condition. Additionally, duress is generally not permitted as a defense against criminal homicide, though some American jurisdictions allow the defense in felony-murder cases. In this paper, I present an argument for how and why the presence of duress can defeat a finding of criminal responsibility. (...) This is intended to establish the philosophical foundation for the legal acceptability of the duress defense, even though I conclude that the defense does not qualify as either an excuse or a justification. I also argue that the duress defense should be allowed in cases of homicide. (shrink)

?A highly useful core text for courses in the field?as well as an invaluable reference for any serious student of the ethics of war.??Albert Pierce, U.S. Naval AcademyWhen and why is war justified? How, morally speaking, should wars be fought? The Morality of War confronts these challenging questions, surveying the fundamental principles and themes of the just war tradition through the words of the philosophers, jurists, and warriors who have shaped it.The collection begins with the foundational works of just war (...) theory, as well as those of two competing perspectives, realism and pacifism. Subsequent selections focus on issues related to the resort to war, the conduct of war, and the judgment of war crimes. Both traditional just war concerns and those that have emerged in response to contemporary developments?such as the U.S. ?war on terror??are thoroughly covered.With articles that are crucially relevant to today?s world paired with contextual introductions to each section, the reader is ideally constructed to inform and guide students as they consider the morality of past and current military actions.David Kinsella is associate professor of political science at the Hatfield School of Government, Portland State University. He is editor of International Studies Perspectives and coauthor of World Politics: The Menu for Choice. Craig L. Carr is professor of political science at the Hatfield School of Government. He is author of On Fairness and editor of The Political Writings of Samuel Pufendorf. (shrink)

Table of Contents: Politics, morality, and pluralism -- Liberal morality and political legitimacy -- Political legitimacy and social justice -- Williams's concept of the political -- Legitimacy, stability, and morality -- The politics of morality -- A moral point of view -- Manners and morality -- Morality and conflict -- Moral conflict and political theory -- The morality of politics -- Feminism and multiculturalism -- A defense of culture -- Politics and normative conflict -- The political as moral viewpoint -- (...) Morality and politics: a review -- Political unity and pluralism -- The liberal archipelago -- Loose linkage and political legitimacy -- Political unity and the body politic -- Social justice and political unity -- The bonds of civility -- Nationhood and the liberal polity -- The nature of nationhood -- Pluralism and nationalism -- Nationalism and social justice -- Deliberative democracy and the liberal polity -- Liberalism and democracy -- Democracy and deliberative discourse -- The terms of deliberative discourse -- Normative discourse and political legitimacy -- Deliberative democracy and intragroup politics -- Group autonomy and intergroup discourse -- Politics, history, and reason -- Principle and justice in the liberal polity -- Liberal institutions and liberal ideals -- Stopping history -- Rationalism and politics. (shrink)

"Cover"--"Dedication"--"Title" -- "Copyright" -- "Contents" -- "Acknowledgements" -- "1 Introduction: Dimensions of Fairness" -- "The Material and Formal Dimension of Concepts" -- "Two Concepts of Fairness" -- "Fairness and Respect for Persons" -- "2 Objectivity, Impartiality, and Fairness" -- "Taking Advantage and Disadvantaging" -- "Impartiality and Bias" -- "Disadvantaging and Personal Interests" -- "3. Fair Shares" -- "The Principle of Fairness" -- "Fairness and Equality" -- "Presumptive Equality" -- "Fairness and Associative Attachments" -- "4 Fairness and Following Rules" -- "Fairness (...) and Formal Justice" -- "Procedural and Background Fairness" -- "Following Rules and Acting Unfairly" -- "Fair Bargains and Bargaining Fairly" -- "5. Fidelity to Social Practice" -- "Social Practices" -- "The Fundamentals of Fairness" -- "Fairness and Distribution" -- "The Limits of Fairness" -- "6 Toward a Moral Theory of Fairness" -- "Traditions of Moral Discourse" -- "The Morality of Happiness" -- "Fairness and Interactive Morality" -- "Fairness and Associative Morality" -- "Fairness and Consent" -- "7. Simple Fairness" -- ""Being Fair To... "" -- "Facilitative Fairness: Simple Accommodation" -- "Facilitative Fairness: Lotteries" -- "Taking Turns and Respect For Others" -- "8 Fair Procedures" -- "Hard Bargains" -- "Fairness and Rational Choice" -- "Perfect and Imperfect Procedural Justice" -- "9 Fairness and Virtue" -- "The Fairness of Social Practices" -- "Fairmindedness" -- "Fairness as an End" -- "Bibliography. (shrink)

This work introduces and defends a radically different type of liberal political theory by severing liberal thought from all underlying moral foundations. Its aim is to present a type of liberalism capable of accommodating the richly diverse differences of worldview and moral theory of the good present in today's pluralist societies. By constructing liberalism as a purely political doctrine, the author develops a theory of toleration, and civil association more generally, capable of meeting liberalism's historic commitment to diversity. While the (...) justification for such a liberalism must be made in prudential terms, rather than the more familiar moral terms used to support competing liberal theories, the liberalism developed here remains faithful to the liberal tradition by defending a theory of equal liberty as the primary political virtue of a just society. (shrink)

I propose to discuss here a much-celebrated objection to the concept of political authority. The authority of the state, this objection goes, cannot be justified because it demands of persons that they compromise their moral autonomy. The argument supporting this objection is usually advanced in conceptual terms; political authority is said to be inconsistent with moral autonomy in its very concept. For reasons to be discussed shortly, I think this argument is mistaken. More importantly, however, I think it misrepresents the (...) nature of the conflict which is likely to arise between the authority of the state and the autonomous moral agent. By getting clear on the problems with the conceptual argument, we will be in a better position to appreciate the actual character of this conflict. My discussion of the conceptual argument is intended to serve as a vehicle for the pursuit of this larger goal. It should become apparent that the conflict between the moral agent and the state, as it will be critiqued here, is an inescapable dimension of political life. But I shall offer some reasons to think that this point does not require us to question the legitimacy of political authority as is frequently supposed. (shrink)

This work contains newly translated excerpts from Samuel Pufendor's two major works in political and moral thought, Elements of Universal Jurisprudence and The Law of Nature and Nations. The editor and translator have worked to present a readable and comprehensive introduction to Pufendorf's political philosophy. The new English translation far exceeds what is currently available in terms of sophistication and clarity. A substantive introduction is included to acquaint readers with Pufendorf's ideas.

This work contains newly translated excerpts from Samuel Pufendor's two major works in political and moral thought, Elements of Universal Jurisprudence and The Law of Nature and Nations. The editor and translator have worked to present a readable and comprehensive introduction to Pufendorf's political philosophy. The new English translation far exceeds what is currently available in terms of sophistication and clarity. A substantive introduction is included to acquaint readers with Pufendorf's ideas.