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A Christian Approach to Corporate Religious Liberty
This book addresses one of the most urgent issues in contemporary American law—namely, the logic and limits of extending free exercise rights to corporate entities. Pointing to the polarization that surrounds disputes like Burwell v. Hobby Lobby, David argues that such cases need not involve pitting flesh-and-blood individuals against the rights of so-called “corporate moral persons.” Instead, David proposes that such disputes should be resolved by attending to the moral quality of group actions. This approach shifts attention away from polarizing rights-talk and towards the virtues required for thriving civic communities. More radically, however, this approach suggests that groups themselves should not be viewed as things or “persons” in the first instance, but rather as occasions of coordinated activity. Discerned in the writings of Saint Thomas Aquinas, this reconceptualization helps illuminate the moral stakes of a novel—and controversial—form of religious freedom.
The Palgrave Handbook on the Philosophy of Punishment
This Handbook provides a comprehensive survey of major topics in the philosophy of punishment from many of the field’s leading scholars. Key features Presents a history of punishment theory from ancient times to the present. Evaluates the main proposed justifications of punishment, including retributivism, general and specific deterrence theories, mixed theories, expressivism, societal-defense theory, fair play theory, rights forfeiture theory, and the public health-quarantine model. Discusses sentencing, proportionality, policing, prosecution, and the role punishment plays in the context of the state. Examines advances in neuroscience and debates about whether free will skepticism undermines the justifiability of punishment. Considers forgiveness, restorative justice, and calls to abolish punishment. Addresses pressing social issues such as mass incarceration, juvenile justice, punitive torture, the death penalty, and “cruel and unusual” punishment. · With its unmatched breadth and depth, this book is essential reading for scholars who want to keep abreast of the field and for advanced students wishing to explore the frontiers of the subject.
The Palgrave Handbook of Applied Ethics and the Criminal Law
This handbook consists of essays on contemporary issues in criminal law and their theoretical underpinnings. Some of the essays deal with the relationship between morality and criminalization. Others deal with criminalization in the context of specific crimes such as fraud, blackmail, and revenge pornography. The contributors also address questions of responsible agency such as the effects of addiction or insanity, and some deal with punishment, its mode and severity, and the justness of the state’s imposition of it. These chapters are authored by some of the most distinguished scholars in the fields of applied ethics, criminal law, and jurisprudence.
Free Exercise of Religion in the Liberal Polity
This book addresses the challenge of providing for the free exercise of religion without allowing religious exercise by some individuals and groups to impinge upon the conscientious convictions of others. State neutrality toward religion is impossible, because neutrality means inattention to religion for some, but leveling the playing field through accommodations or exemptions for others. Both formal and substantive neutrality have a place in addressing particular conflicts. One such example is public funding for religiously affiliated social service programs, for which neither type of neutrality is satisfactory and thus some restrictions are justifiable; conversely, private voluntary organi...
Nussbaum and Law
The essays collected in this volume reflect the profound impact of Martha Nussbaum‘s philosophical writings on law and legal scholarship. The capabilities approach that she has largely authored has influenced the approach scholars take to the law of disabilities, both in the United States and in Canada, as well as to international human rights and to domestic private law‘s protections of vulnerable populations. Her analyses of the relationship between our emotions and our thought and action has triggered a re-assessment of the legal regulation and recognition of emotion in a range of fields, most particularly in the field of criminal law; and her writing on the nature of dignity has informed an understanding of the emerging civil rights of gay and lesbian citizens worldwide. Our appreciation of the role of narrative in legal thought and discourse and the contributions of literature to law and legal culture, have also been broadened and deepened by her contributions. Taken together, and including the introduction by the editor, the essays collected in this volume demonstrate the far-reaching impact of Nussbaum‘s philosophical oeuvre.
Bush V. Gore
The most complete, accurate, and up-to-date analysis of the events surrounding the Supreme Court's controversial 5-4 decision that stopped the Florida recount and gave George W. Bush a mere five electoral vote victory over Al Gore in the 2000 presidential election.
Florida Law Review
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Philosophical Topics
Vols. for 1981-88 accompanied by supplements: Proceedings of the Southwestern Philosophical Society; and Phenomenology and the human sciences.
