Matt Matravers - Böcker

This book aims to answer the question: 'why, and by what right do some people punish others?' The author argues that the justification of punishment must be embedded in a substantive political and moral theory. Matravers questions why it is that recent theories of distributive justice have had so little to say about the punishment and retributive justice. His answer is that contemporary theories of justice cannot explain the relationship of justice and morality more broadly conceived. As this is also the relationship that a theory of punishment needs to explain, it is in examining the problem of punishment that the limitations of contemporary theories of justice are most starkly exposed. Moreover, the limitations are such as to undermine these accounts of justice. The claim is that it is through the discussion of punishment that the inadequacies of contemporary theories of justice is demonstrated and it is therefore through the discussion of punishment that those inadequacies can be rectified. Matravers argues for a genuinely constructivist account of morality-constructivist in that it rejects any idea of objective, mind-independent moral values, and seeks instead to construct morality from non-moral human concerns and human wills, and genuinely constructivist in that, in contrast to the faux constructivisim of Rawls and cognate approaches, it does not take as a premise the equal moral worth of persons. He argues that a genuine constructivism will show the need for and justification of punishment as intrinsic to morality itself.

The idea of a cultural defense in criminal law is often ridiculed as "multiculturalism run amok ". To allow someone charged with a crime to say "this is my culture " as an excuse for their action seems to open the door to cultural relativism, to jeopardize the protection of fundamental rights, and to undermine norms of individual responsibility. Many scholars, however, insist that cultural evidence is appropriate, indeed essential, for the fair operation of the criminal law. The criminal law is society's most powerful tool for regulating behaviour, and just for that reason we apply strong safeguards to ensure that criminal sanctions are applied in a fair way. When it comes to individuals, we want our rules for judging responsibility and punishment to track the actual blameworthiness of the specific individual being prosecuted for a specific action in the past. Cultural evidence may help improve our judgements of individual blameworthiness and desert; indeed, cultural evidence might even be necessary if the practice of punishing individuals is to be legitimate and equitable. According to its proponents, the use of cultural evidence when judging individual blameworthiness is a natural extension of the logic of existing criminal law doctrines regarding defences, and of the logic of current philosophical theories of responsibility and agency. This volume brings together scholars of both criminal law and philosophy to rigorously assess these ideas. Each of the chapters addresses a different dimension of the issue, from a range of perspectives, with varying degrees of sympathy or scepticism regarding cultural defences. The result is an important and original contribution to the literature. It explores why cultural diversity raises distinctive challenges in the criminal law context, not found in other domains of the multiculturalism debate, while also exploring how this particular context raises fundamental issues of agency and responsibility that are at the heart of broader debates in legal, social and political philosophy.

In the last thirty years, the USA and the UK have witnessed a profound change in the way in which we think about and respond to crime and social control. Crime has become part of everyday life as, for many citizens, has imprisonment.Managing Modernity brings together criminologists, social theorists, and philosophers to consider what explains these changes and what they tell us about ourselves and the way in which we live. The authors consider the pervasive, the obvious, and the covert ways in which crime and social order have come to structure social discourses and social life, from mass imprisonment to zero tolerance, to on-the-spot fines.This volume was previously published as a special issue of the Critical Review of International Social and Political Philosophy (CRISPP).

The problem of how we are to live together in morally and culturally diverse democratic societies is central to modern life. Over the last thirty years, an extensive philosophical literature has developed around the idea of toleration as a way of engaging with that problem. However, recent years have witnessed a growing backlash against the idea of toleration, which is often considered too ‘thin’, or too unambitious an aspiration for liberal democracy. This timely collection of essays from an international field of experts in the history and philosophy of toleration takes stock of this debate and offers a distinctive reassessment of the place of toleration in contemporary political life. Against the general climate of scepticism, the message that emerges from these essays is that toleration remains an extremely powerful idea, and one that must remain central to the political enterprise of forging social unity amid diversity in the twenty-first century.This book was originally published as a special issue of Critical Review of Social and Political Philosophy.

In the last thirty years, the USA and the UK have witnessed a profound change in the way in which we think about and respond to crime and social control. Crime has become part of everyday life as, for many citizens, has imprisonment.Managing Modernity brings together criminologists, social theorists, and philosophers to consider what explains these changes and what they tell us about ourselves and the way in which we live. The authors consider the pervasive, the obvious, and the covert ways in which crime and social order have come to structure social discourses and social life, from mass imprisonment to zero tolerance, to on-the-spot fines.This volume was previously published as a special issue of the Critical Review of International Social and Political Philosophy (CRISPP).

In addressing democracy, equality, and justice together, the book stimulates discussions that go beyond the sometimes increasingly technical and increasingly discrete literatures that now dominate the study of each concept. The chapters fall into four categories: on justice and democracy; justice and equality; justice and community; and justice and the future. Concerns of justice unite all the chapters in this volume. However, these concerns now manifest themselves in interesting and new directions. Politically, the book confronts urgent problems of democracy, equality, community, and of how to respond to potentially catastrophic climate change. The response to these problems cannot only be pragmatic and piecemeal. What emerges are a number of interlinking questions and themes that together constitute the central core of contemporary political philosophy.This book was previously published as a special issue of the Critical Review of Social and Political Philosophy.

This collection brings together essays by distinguished political philosophers which reflect on the detailed arguments of What We Owe to Each Other, and comment critically both on Scanlon's contractualism and his revised understandings of motivation and morality. The essays illustrate the uses of Scanlon's contractualism by applying it to moral and political problems and in so doing they provide an assessment of the ability of Scanlon's contractualism by applying it to other forms of ethical theory. The resulting volume makes an important and original contribution to the literature on Scanlon, on contractualism and on contemporary political philosophy.

This collection brings together essays by distinguished political philosophers which reflect on the detailed arguments of What We Owe to Each Other, and comment critically both on Scanlon's contractualism and his revised understandings of motivation and morality. The essays illustrate the uses of Scanlon's contractualism by applying it to moral and political problems and in so doing they provide an assessment of the ability of Scanlon's contractualism by applying it to other forms of ethical theory. The resulting volume makes an important and original contribution to the literature on Scanlon, on contractualism and on contemporary political philosophy.

In this lively and accessible book, Matt Matravers considers the role of responsibility in politics, morality and the law. In recent years, responsibility has taken a central place in our lives. In politics, both Tony Blair and George W. Bush have claimed that individual responsibility is at the centre of their policy agendas. In morality and the law, it seems just that people should be rewarded or punished only for things for which they are responsible. Yet responsibility is a hotly contested concept. Some philosophers claim that it is impossible, while others insist on both its possibility and importance. This debate has become increasingly technical in the philosophical literature, but it is seldom connected to our practices of politics and the law. Matravers asks, What are we doing when we hold people responsible in deciding questions of distributive justice or of punishment?. By addressing this question, he not only shows how philosophy can help in thinking about current political and legal controversies, but also how we can keep hold of the idea of responsibility in an age in which we are increasingly impressed by the roles of genetics and environment in shaping us and our characters.

In this lively and accessible book, Matt Matravers considers the role of responsibility in politics, morality and the law. In recent years, responsibility has taken a central place in our lives. In politics, both Tony Blair and George W. Bush have claimed that individual responsibility is at the centre of their policy agendas. In morality and the law, it seems just that people should be rewarded or punished only for things for which they are responsible. Yet responsibility is a hotly contested concept. Some philosophers claim that it is impossible, while others insist on both its possibility and importance. This debate has become increasingly technical in the philosophical literature, but it is seldom connected to our practices of politics and the law. Matravers asks, What are we doing when we hold people responsible in deciding questions of distributive justice or of punishment?. By addressing this question, he not only shows how philosophy can help in thinking about current political and legal controversies, but also how we can keep hold of the idea of responsibility in an age in which we are increasingly impressed by the roles of genetics and environment in shaping us and our characters.

The problem of how we are to live together in morally and culturally diverse democratic societies is central to modern life. Over the last thirty years, an extensive philosophical literature has developed around the idea of toleration as a way of engaging with that problem. However, recent years have witnessed a growing backlash against the idea of toleration, which is often considered too ‘thin’, or too unambitious an aspiration for liberal democracy. This timely collection of essays from an international field of experts in the history and philosophy of toleration takes stock of this debate and offers a distinctive reassessment of the place of toleration in contemporary political life. Against the general climate of scepticism, the message that emerges from these essays is that toleration remains an extremely powerful idea, and one that must remain central to the political enterprise of forging social unity amid diversity in the twenty-first century.This book was originally published as a special issue of Critical Review of Social and Political Philosophy.

In addressing democracy, equality, and justice together, the book stimulates discussions that go beyond the sometimes increasingly technical and increasingly discrete literatures that now dominate the study of each concept. The chapters fall into four categories: on justice and democracy; justice and equality; justice and community; and justice and the future. Concerns of justice unite all the chapters in this volume. However, these concerns now manifest themselves in interesting and new directions. Politically, the book confronts urgent problems of democracy, equality, community, and of how to respond to potentially catastrophic climate change. The response to these problems cannot only be pragmatic and piecemeal. What emerges are a number of interlinking questions and themes that together constitute the central core of contemporary political philosophy.This book was previously published as a special issue of the Critical Review of Social and Political Philosophy.

The state’s use of the threat, and imposition, of punishments to regulate conduct is thought (or at least said) by many to be legitimised by the idea that the criminal law’s burdens only fall on those who are blameworthy for their conduct. However, the formal concept of ‘blameworthiness’ needs to be made substantive. This puts various ideas regarding the criminal law’s person at the heart of debates about blame, guilt, and responsibility. How is the criminal law’s person constructed, by whom, and with what disciplinary norms? How is it threatened by new ‘knowledge’, and how do those threats play out amongst the various stakeholders who claim the criminal law’s person as ‘theirs’? To address these and cognate questions, this volume brings together an international group of academics to engage with the criminal law’s person from a range of disciplinary perspectives.

The state’s use of the threat, and imposition, of punishments to regulate conduct is thought (or at least said) by many to be legitimised by the idea that the criminal law’s burdens only fall on those who are blameworthy for their conduct. However, the formal concept of ‘blameworthiness’ needs to be made substantive. This puts various ideas regarding the criminal law’s person at the heart of debates about blame, guilt, and responsibility. How is the criminal law’s person constructed, by whom, and with what disciplinary norms? How is it threatened by new ‘knowledge’, and how do those threats play out amongst the various stakeholders who claim the criminal law’s person as ‘theirs’? To address these and cognate questions, this volume brings together an international group of academics to engage with the criminal law’s person from a range of disciplinary perspectives.