Matthew H. Kramer - Böcker

Torture and Moral Integrity is about the wrongness of torture and the nature of morality. It discusses multiple types of torture with great philosophical acuity and it seeks to explain why interrogational torture and other types of torture are always and everywhere morally wrong. At the same time, it rigorously plumbs the general structure of morality and the intricacies of moral conflicts and it probes some of the chief grounds for the moral illegitimacy of various modes of conduct. It sophisticatedly defends a deontological conception of morality against some subtle critiques that have been mounted during the past few decades by proponents of consequentialism. The book tackles a concrete moral problem: a problem that has been heatedly debated during recent years in the governmental and military institutions of many countries as well as in academic circles. At the same time it tackles some very abstract issues in moral and political philosophy. Moreover, as becomes apparent at numerous junctures, the abstract ruminations and the concrete prescriptions are closely connected: Kramer's recommendations concerning the legal consequences of the perpetration of torture by public officials or private individuals, for example, are based squarely on his more abstract accounts of the nature of torture and the nature of morality. His philosophical reflections on the structure of morality are the vital background for his approach to torture, and his approach to torture is a natural outgrowth of those philosophical reflections.

During the past several decades, political philosophers have frequently clashed with one another over the question whether governments are morally required to remain neutral among reasonable conceptions of excellence and human flourishing. Whereas the numerous followers of John Rawls (and kindred philosophers such as Ronald Dworkin) have maintained that a requirement of neutrality is indeed incumbent on every system of governance, other philosophers -- often designated as 'perfectionists' -- have argued against the existence of such a requirement. Liberalism with Excellence enters these debates not by plighting itself unequivocally to one side or the other, but instead by reconceiving each of the sides and thus by redirecting the debates that have occurred between them.On the one hand, the book rejects the requirement of neutrality by contending that certain subsidies for the promotion of excellence in sundry areas of human endeavour can be proper and vital uses of resources by governments. Advocating such departures from the constraint of neutrality, the book presents a version of liberalism that can rightly be classified as 'perfectionist'. On the other hand, the species of perfectionism espoused in Liberalism with Excellence diverges markedly from the theories that have usually been so classified. Indeed, much of the book assails various aspects of those theories. What is more, the aspirational perfectionism elaborated in the closing chapters of the volume is reconcilable in most key respects with a suitably amplified version of Rawlsianism. Hence, by reconceiving both the perfectionist side and the neutralist side of the prevailing disputation, Liberalism with Excellence combines and transforms their respective insights.

Torture and Moral Integrity tackles a concrete moral problem that has been hotly debated by governments, scholars, and the media: the morality of interrogational torture. It discusses multiple types of torture with great philosophical acuity and seeks to explain why interrogational torture and other types of torture are always and everywhere morally wrong. At the same time, it rigorously plumbs the general structure of morality and the intricacies of moral conflicts and probes some of the chief grounds for the moral illegitimacy of various modes of conduct. It defends a deontological conception of morality against the subtle critiques that have been mounted over the past few decades by proponents of consequentialism. Kramer's recommendations concerning the legal consequences of the perpetration of torture by public officials or private individuals, for example, are based squarely on his more abstract accounts of the nature of torture and the nature of morality. His philosophical reflections on the structure of morality are a vital background for his approach to torture, and his approach to torture is a natural outgrowth of those philosophical reflections.

Freedom of Expression as Self-Restraint provides a novel justificatory foundation for the principle of freedom of expression. As the book argues, such a principle is absolute in that it is exceptionless; it imposes general duties that are binding always and everywere on every system of governance.In addition to injecting a new level of philosophical sophistication into the debates over freedom of expression, the book ties the principle to an ideal of governmental self-restraint, and it shows how that ideal connects to the paramount moral responsibility of every system of governance: the responsibility to bring about the political, social, and economic conditions under which every member of society can be warranted in harbouring an ample sense of self-respect. In short, compliance by a system of governance with the principle of freedom of expression is integral to the fulfilment of that paramount responsibility.

Building on many years of scholarship, Matthew H. Kramer sets out his definitive philosophical investigation of rights and rights-holding with this monograph, as he sometimes revisits and modifies his previous positions. Beginning with the analytical schema propounded by the American legal theorist Wesley Hohfeld, the book provides a defence of the proposition that every claim-right with a certain content is correlative to at least one duty with the same content and that every duty with a certain content is correlative to at least one claim-right with the same content. The volume then addresses the longstanding debates over the nature of right-holding, with a sustained defense of the Interest Theory and with some innovative critiques of the Will Theory. Finally, it considers the ethical and analytical questions involved in determining who can hold claim-rights at all. It argues that the beings capable of holding claim-rights include not only human adults of sound mind but also all other living human beings, many dead people, and all future generations of people, along with most non-human animals.Addressing some major topics within moral, legal, and political philosophy,Rights and Right-Holding: A Philosophical Investigation will be a key work for philosophers and academic lawyers alike.

In Defense of Legal Positivism is an uncompromising defence of legal positivism that insists on the separability of law and morality. After distinguishing among three facets of morality, Matthew Kramer explores a variety of ways in which law has been perceived as integrally connected to each of those facets.Some of the chapters pose arguments against other major theorists such as David Lyons, Lon Fuller, Joseph Raz, Michael Detmold, Ronald Dworkin, Nigel Simmonds, John Finnis, Philip Soper, neil McCormick, gerald Postema, Stephen Perry, and Michael Moore, while others extend rather than defend legal positivism; they refine the insights of legal positivism and develop the implications of those insights in strikingly novel directions. The book concludes with a detailed discussion of the obligation to obey the lae- a discussion that highlights the strengths of legal positivism in the domain of political philosophy as much as in the domain of jurisprudence.

How are law and morality connected, how do they interact, and in what ways are they distinct? In Part I of this book, Matthew Kramer argues that moral principles can enter into the law of any jurisdiction. He contends that legal officials can invoke moral principles as laws for resolving disputes, and that they can also invoke them as threshold tests which ordinary laws must satisfy. In opposition to many other theorists, Kramer argues that these functions of moral principles are consistent with all the essential characteristics of any legal system.Part II reaffirms the legal positivist argument that law and morality are separable, arguing against the position of natural-law theory, which portrays legal requirements as a species of moral requirements. Kramer contends that even though the existence of a legal system in any sizeable society is essential for the realization of fundamental moral values, law is not inherently moral either in its effects or in its motivational underpinnings.In the final part, Kramer contests the widespread view that people whose conduct is meticulously careful cannot be held morally responsible for harmful effects of their actions. Through this argument, he reveals that fault-independent liability is present even more prominently in morality than in the law.Through a variety of arguments, Where Law and Morality Meet highlights both some surprising affinities and some striking divergences between morality and law.

At least since the publication of Isaiah Berlin's famous essay "Two Concepts of Liberty" nearly half a century ago, political philosophers have argued vigorously over the relative merits of "positive" and "negative" accounts of freedom. Matthew Kramer writes squarely within the negative-liberty tradition, but he incorporates a number of ideas that are quite often associated with theories of positive liberty. Much of The Quality of Freedom is devoted to elaborating the necessary and sufficient conditions for the existence of particular freedoms and unfreedoms; however, the book's cardinal objective is to establish the measurability of each person's overall freedom and of each society's aggregate freedom. On the one hand, Kramer contends that the existence of any particular instance of liberty or unfreedom is a matter of fact that can be confirmed or disconfirmed without any reliance on evaluative or normative considerations. On the other hand, he argues that the extent of each person's overall freedom or unfreedom cannot be ascertained entirely in the absence of evaluative assumptions. By combining those two positions and developing them in detail, Kramer pits himself against all positive accounts of liberty and most negative accounts. In the course of so doing, he aims to demonstrate the rigorous measurability of overall liberty - something that many writers on freedom have casually dismissed as impossible. Although Kramer concentrates principally on constructing a systematic analysis of sociopolitical freedom, he engages critically with the work of many of the leading contemporary writers on the topic.

How are law and morality connected, how do they interact, and in what ways are they distinct? These questions have been a fundamental concern in the modern analytic philosophy of law. In Where Law and Morality Meet Matthew Kramer reviews the most influential accounts of legal and moral reasoning and presents his own conception of whether moral principles should be incorporated into a concept of law.In Part One, Kramer argues that moral principles can enter into the law of any jurisdiction. He contends that legal officials can invoke moral principles as laws for resolving disputes, and that they can also invoke them as threshold tests which ordinary laws must satisfy. In opposition to many other theorists, Kramer argues that these functions of moral principles are consistent with the essential characteristics of any legal system.Part Two reaffirms the legal positivist argument that law and morality are separable, arguing against the position of natural-law theory, which portrays legal requirements as a species of moral requirements. Kramer contends that even though the existence of a legal system in any sizeable society is essential for the realization of fundamental moral values, law is not inherently moral either in its effects or in its motivational underpinnings.In the final part, Kramer contests the widespread view that people whose conduct is meticulously careful cannot be held morally responsible for harmful effects of their actions. Through this argument, he reveals that fault-independent liability is present even more prominently in morality than in the law.

For many years, Antony Duff has been one of the world's foremost philosophers of criminal law. This volume collects essays by leading criminal law theorists to explore the principal themes in his work. In a response to the essays, Duff clarifies and develops his position on central problems in criminal law theory. Some of the essays concentrate on the topic of criminalization. That is, they examine what forms of conduct (including attempts, offensiveness, and negligence) can aptly qualify as criminal offences, and what principled limits, if any, should be placed on the reach of the criminal law. Several of the other essays assess the thesis that punishment is justifiable as a form of communication between offenders and their community. Those essays examine the presuppositions (about the nature and function of community, and about the moral structure of atonement) that must be embraced if communication is to be a primary role for punishment. The remaining essays examine the nature and limits of responsibility in the law, as they engage with philosophical debates over 'moral luck' by investigating the ways in which the law can legitimately hold people responsible for events that were not within their control. These chapters tie the first and third parts of the book together, as they explore the relationship between the principles that determine a person's responsibility and the principles that determine which types of actions can appropriately be criminalized. Finally, Duff responds with comments that seek to defend and clarify his views while also acknowledging the correctness of some of the critics' objections.

Debate has long been waged over the morality of capital punishment, with standard arguments in its favour being marshalled against familiar arguments that oppose the practice. In The Ethics of Capital Punishment, Matthew Kramer takes a fresh look at the philosophical arguments on which the legitimacy of the death penalty stands or falls, and he develops a novel justification of that penalty for a limited range of cases.The book pursues both a project of critical debunking of the familiar rationales for capital punishment and a project of partial vindication. The critical part presents some accessible and engaging critiques of major arguments that have been offered in support of the death penalty. These chapters, suitable for use in teaching courses on capital punishment, valuably take issue with positions at the heart of contemporary debates over the morality of such punishment.The book then presents an original justification for executing truly terrible criminals, a justification that is free-standing rather than an aspect or offshoot of a general theory of punishment. Its purgative rationale, which has not heretofore been propounded in any current philosophical and practical debates over the death penalty, derives from a philosophical reconception of the nature of evil and the nature of defilement.As the book contributes to philosophical discussions of those phenomena, it also contributes importantly to general normative ethics with sustained reflections on the differences between consequentialist approaches to punishment and deontological approaches. Above all, the volume contributes to the philosophy of criminal law with a fresh rationale for the use of the death penalty and with probing assessments of all the major theories of punishment that have been broached by jurists and philosophers for centuries. Although the book is a work of philosophy by a professional philosopher, it is readily accessible to readers who have not studied philosophy. It will stir both philosophers and anyone engaged with the death penalty to reconsider whether the institution of capital punishment can be an appropriate response to extreme evil.

Throughout the English-speaking world, and in the many other countries where analytic philosophy is studied, Hillel Steiner is esteemed as one of the foremost contemporary political philosophers. This volume is designed as a festschrift for Steiner and as an important collection of philosophical essays in its own right. The editors have assembled a roster of highly distinguished international contributors, all of whom are eager to pay tribute to Steiner by focusing on topics on which he himself has concentrated. Some of the contributors engage directly with Steiner's work, whereas others focus not directly on his writings but instead grapple with issues that have figured prominently therein. Each essay seeks to advance the debates in which Steiner himself has so notably participated. The study concludes with a response by Steiner himself.

Throughout the English-speaking world, and in the many other countries where analytic philosophy is studied, Hillel Steiner is esteemed as one of the foremost contemporary political philosophers. This volume is designed as a festschrift for Steiner and as an important collection of philosophical essays in its own right. The editors have assembled a roster of highly distinguished international contributors, all of whom are eager to pay tribute to Steiner by focusing on topics on which he himself has concentrated. Some of the contributors engage directly with Steiner's work, whereas others focus not directly on his writings but instead grapple with issues that have figured prominently therein. Each essay seeks to advance the debates in which Steiner himself has so notably participated. The study concludes with a response by Steiner himself.

John Locke's labor theory of property is one of the seminal ideas of political philosophy and served to establish its author's reputation as one of the leading social and political thinkers of all time. Through it Locke addressed many of his most pressing concerns, and earned a reputation as an outstanding spokesman for political individualism - a reputation that lingers widely despite some partial challenges that have been raised in recent years. In this major new study Matthew Kramer offers an extensive critique of the labor theory and investigates the consequences of its downfall. With incisive analyses of the merits and failings of many aspects of Locke's political thought, Kramer advances a powerful challenge to Locke's image as an individualist. Employing a rigorously philosophical methodology, but remaining aware of the insights generated by historical approaches to Locke, Kramer concludes that Locke's political vision was in fact profoundly communitarian.

John Locke's labor theory of property is one of the seminal ideas of political philosophy and served to establish its author's reputation as one of the leading social and political thinkers of all time. Through it Locke addressed many of his most pressing concerns, and earned a reputation as an outstanding spokesman for political individualism - a reputation that lingers widely despite some partial challenges that have been raised in recent years. In this major new study Matthew Kramer offers an extensive critique of the labor theory and investigates the consequences of its downfall. With incisive analyses of the merits and failings of many aspects of Locke's political thought, Kramer advances a powerful challenge to Locke's image as an individualist. Employing a rigorously philosophical methodology, but remaining aware of the insights generated by historical approaches to Locke, Kramer concludes that Locke's political vision was in fact profoundly communitarian.

In a short span, this Element will delineate the general nature of legal and moral rights and the general nature of the holding of rights, and it will also sketch the justificatory foundations of rights. Hence, the Element will treat of some major topics within legal, political, and moral philosophy as it combines analytical theses and ethical theses in a complex pattern.

In a short span, this Element will delineate the general nature of legal and moral rights and the general nature of the holding of rights, and it will also sketch the justificatory foundations of rights. Hence, the Element will treat of some major topics within legal, political, and moral philosophy as it combines analytical theses and ethical theses in a complex pattern.

Edited by leading contributors to the literature, Freedom: An Anthology is the most complete anthology on social, political and economic freedom ever compiled. Offers a broad guide to the vast literature on social, political and economic freedom. Contains selections from the best scholarship of recent decades as well as classic writings from Hobbes, Locke, Rousseau and Kant among others. General and sectional introductions help to orient the reader. Compiled and edited by three important contributors to the field.

Edited by leading contributors to the literature, Freedom: An Anthology is the most complete anthology on social, political and economic freedom ever compiled. Offers a broad guide to the vast literature on social, political and economic freedom. Contains selections from the best scholarship of recent decades as well as classic writings from Hobbes, Locke, Rousseau and Kant among others. General and sectional introductions help to orient the reader. Compiled and edited by three important contributors to the field.

H.L.A. Hart is among the most important philosophers of the twentieth century, with an especially great influence on the philosophy of law. His 1961 book The Concept of Law has become an enduring classic of legal philosophy, and has also left a significant imprint on moral and political philosophy.In this volume, leading contemporary legal and political philosopher Matthew H. Kramer provides a crystal-clear analysis of Hart’s contributions to our understanding of the nature of law. He elucidates and scrutinizes every major aspect of Hart’s jurisprudential thinking, ranging from his general methodology to his defense of legal positivism. He shows how Hart’s achievement in The Concept of Law, despite the evolution of debates in subsequent decades, remains central to contemporary legal philosophy because it lends itself to being reinterpreted in light of new concerns and interests. Kramer therefore pays particular attention to the strength of Hart’s insights in the context of present-day disputes among philosophers over the reality of normative entities and properties and over the semantics of normative statements.This book is an invaluable guide to Hart’s thought for students and scholars of legal philosophy and jurisprudence, as well as moral and political philosophy.