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  3. Cambridge Studies in Philosophy and Law

This series reflects and fosters the most original research currently taking place in the study of law and legal theory by publishing the most adventurous monographs in the field as well as rigorously edited collections of essays. It is a specific aim of the series to traverse the boundaries between disciplines and to form bridges between traditional studies of law and many other areas of the human sciences. Books in the series will be of interest not only to philosophers and legal theorists but also to political scientists, sociologists, economists, psychologists and criminologists.

  • General Editors: Gerald Postema, University of North Carolina, Chapel Hill
  • Advisory Editors: Jules Coleman, Yale Law School, Antony Duff, University of Stirling, David Lyons, Boston University, Neil MacCormick, University of Edinburgh, Stephen R. Munzer, University of California, Los Angeles Law School, Philip Pettit, Princeton University, New Jersey , Joseph Raz, University of Oxford, Jeremy Waldron, Columbia Law School

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33 results in Cambridge Studies in Philosophy and Law

Page 1 of 2

Norms in a Wired World
  • Steven A. Hetcher
  • Published online:
    05 June 2012
    Print publication:
    22 March 2004
  • Social order is regulated from above by the law but its foundation is built on norms and customs, informal social practices that enable people to make meaningful and productive uses of their time and resources. Despite the importance of these practices in keeping the social fabric together, very little of the jurisprudential literature has focused on a discussion of these norms and customs. In Social Norms in a Wired World Steven Hetcher argues that the traditional conception of norms as rule-like linguistic entities is erroneous. Instead, norms must be understood as patterns of rationally governed behaviour maintained in groups by acts of conformity. Using informal game theory in the analysis of norms and customs, Hetcher applies his theory of norms to tort law and Internet privacy laws. This book will appeal to students and professionals in law, philosophy, and political and social theory.

A Theory of Property
  • Stephen R. Munzer
  • Published online:
    05 June 2012
    Print publication:
    26 January 1990
  • This book represents a major new statement on the issue of property rights. It argues for the justification of some rights of private property while showing why unequal distributions of private property are indefensible. Three features of the book are especially salient: it offers a challenging new pluralist theory of justification; the argument integrates perceptive analyses of the great classical theorists Aristotle, Locke, Hegel and Marx with a discussion of contemporary philosophers such as Nozick and Rawls; and the author moves with assurance among philosophy, law and economics to present a very broad, interdisciplinary study.

Truth, Error, and Criminal Law
  • An Essay in Legal Epistemology
  • Larry Laudan
  • Published online:
    05 June 2012
    Print publication:
    05 June 2006
  • Beginning with the premise that the principal function of a criminal trial is to find out the truth about a crime, Larry Laudan examines the rules of evidence and procedure that would be appropriate if the discovery of the truth were, as higher courts routinely claim, the overriding aim of the criminal justice system. Laudan mounts a systematic critique of existing rules and procedures that are obstacles to that quest. He also examines issues of error distribution by offering the first integrated analysis of the various mechanisms - the standard of proof, the benefit of the doubt, the presumption of innocence and the burden of proof - for implementing society's view about the relative importance of the errors that can occur in a trial.

Beyond Comparison
  • Sex and Discrimination
  • Timothy Macklem
  • Published online:
    05 June 2012
    Print publication:
    02 June 2003
  • In Beyond Comparison: Sex and Discrimination Timothy Macklem addresses foundational issues in the long-running debate in legal, political and social theory about the nature of gender discrimination. He takes the highly original and controversial view that the heart of discrimination lies not in the unfavorable comparisons with the treatment and opportunities that men enjoy but rather in a denial of resources and opportunities that women need to lead successful and meaningful lives as women. Therefore, to understand what women need we must first understand what it is to be a woman. By displaying an impressive command of the feminist literature as well as intellectual rigor, this work promises to be a milestone in the debate about gender equality and will interest students and professionals in the areas of legal theory and gender studies.

Responsibility and Control
  • A Theory of Moral Responsibility
  • John Martin Fischer, Mark Ravizza
  • Published online:
    05 June 2012
    Print publication:
    13 February 1998
  • This book provides a comprehensive, systematic theory of moral responsibility. The authors explore the conditions under which individuals are morally responsible for actions, omissions, consequences, and emotions. The leading idea in the book is that moral responsibility is based on 'guidance control'. This control has two components: the mechanism that issues in the relevant behavior must be the agent's own mechanism, and it must be appropriately responsive to reasons. The book develops an account of both components. The authors go on to offer a sustained defense of the thesis that moral responsibility is compatible with causal determinism.

Equality, Responsibility, and the Law
  • Arthur Ripstein
  • Published online:
    05 June 2012
    Print publication:
    28 October 1998
  • This book examines responsibility and luck as these issues arise in tort law, criminal law, and distributive justice. The central question is: whose bad luck is a particular piece of misfortune? Arthur Ripstein argues that there is a general set of principles to be found that clarifies responsibility in those cases where luck is most obviously an issue: accidents, mistakes, emergencies, and failed attempts at crime. In revealing how the problems that arise in tort and criminal law as well as distributive justice invite structurally parallel solutions, the author also shows the deep connection between individual responsibility and social equality. This is a challenging and provocative book that will be of special interest to moral and political philosophers, legal theorists, and political scientists.

Moral Combat
  • The Dilemma of Legal Perspectivalism
  • Heidi Hurd
  • Published online:
    05 November 2011
    Print publication:
    28 March 1999
  • This book explores the thesis that legal roles force people to engage in moral combat, an idea which is implicit in the assumption that citizens may be morally required to disobey unjust laws, while judges may be morally required to punish citizens for civil disobedience. Heidi Hurd advances the surprising argument that the law cannot require us to do what morality forbids. The 'role-relative' understanding of morality is shown to be incompatible with both consequentialist and deontological moral philosophies. In the end, Hurd shows that our best moral theory is one which never makes one actor's moral success turn on another's moral failure. Moral Combat is a sophisticated, well-conceived and carefully argued book on a very important and controversial topic at the junction between legal and political philosophy. It will be of interest to moral, legal, and political philosophers, as well as teachers and students of professional ethics in law.

Permissible Killing
  • The Self-Defence Justification of Homicide
  • Suzanne Uniacke
  • Published online:
    01 March 2011
    Print publication:
    14 July 1994
  • Do individuals have a positive right of self-defence? And if so, what are the limits of this right? Under what conditions does this use of force extend to the defence of others? These are some of the issues explored by Dr Uniacke in this comprehensive 1994 philosophical discussion of the principles relevant to self-defence as a moral and legal justification of homicide. She establishes a unitary right of self-defence and the defence of others, one which grounds the permissibility of the use of necessary and proportionate defensive force against culpable and non-culpable, active and passive, unjust threats. Particular topics discussed include: the nature of moral and legal justification and excuse; natural law justifications of homicide in self-defence; the Principle of Double Effect and the claim that homicide in self-defence is justified as unintended killing; and the question of self-preferential killing. This is a lucid and sophisticated account of the complex notion of justification, revolving around a critical discussion of trends in the law of self-defence.

Three Anarchical Fallacies
  • An Essay on Political Authority
  • William A. Edmundson
  • Published online:
    19 March 2010
    Print publication:
    28 September 1998
  • How is a legitimate state possible? Obedience, coercion and intrusion are three ideas that seem inseparable from all government and seem to render state authority presumptively illegitimate. This book exposes three fallacies inspired by these ideas and in doing so challenges assumptions shared by liberals, libertarians, cultural conservatives, moderates and Marxists. In three clear and tightly argued essays William Edmundson dispels these fallacies and shows that living in a just state remains a worthy ideal. This is an important book for all philosophers, political scientists and legal theorists as well as other readers interested in the views of Rawls, Dworkin and Nozick, many of whose central ideas are subjected to rigorous critique.

Complicity
  • Ethics and Law for a Collective Age
  • Christopher Kutz
  • Published online:
    18 March 2010
    Print publication:
    09 October 2000
  • We live in a morally flawed world. Our lives are complicated by what other people do, and by the harms that flow from our social, economic and political institutions. Our relations as individuals to these collective harms constitute the domain of complicity. This book examines the relationship between collective responsibility and individual guilt. It presents a rigorous philosophical account of the nature of our relations to the social groups in which we participate, and uses that account in a discussion of contemporary moral theory. Christopher Kutz shows that the two prevailing theories of moral philosophy, Kantianism and consequentialism, both have difficulties resolving problems of complicity. He then argues for a richer theory of accountability in which any real understanding of collective action not only allows but demands individual responsibility.

Justice in Immigration
  • Edited by Warren F. Schwartz
  • Published online:
    18 March 2010
    Print publication:
    29 September 1995
  • This book is an interdisciplinary study of the fundamental normative issues underpinning immigration policy. Economists, political scientists and philosophers address issues such as the proper role of the state in supporting a particular culture, the possible destabilization of the political and social life of a country through immigration, the size and distribution of economic losses and gains, and the legitimacy of discriminating against potential immigrants in favour of members of the resident population. The need for serious philosophical consideration of this subject is beyond question. This volume should advance discussion in an area of great practical as well as philosophical importance.

Natural Law in Jurisprudence and Politics
  • Mark C. Murphy
  • Published online:
    10 March 2010
    Print publication:
    13 March 2006
  • Natural law is a perennial though poorly represented and understood issue in political philosophy and the philosophy of law. In this 2006 book, Mark C. Murphy argues that the central thesis of natural law jurisprudence - that law is backed by decisive reasons for compliance - sets the agenda for natural law political philosophy, demonstrating how law gains its binding force by way of the common good of the political community. Murphy's work ranges over the central questions of natural law jurisprudence and political philosophy, including the formulation and defense of the natural law jurisprudential thesis, the nature of the common good, the connection between the promotion of the common good and requirement of obedience to law, and the justification of punishment.

Consent to Sexual Relations
  • Alan Wertheimer
  • Published online:
    04 March 2010
    Print publication:
    18 September 2003
  • When does a woman give valid consent to sexual relations? When does her consent render it morally or legally permissible for a man to have sexual relations with her? Why is sexual consent generally regarded as an issue about female consent? And what is the moral significance of consent? These are some of the questions discussed in this important book, which will appeal to a wide readership in philosophy, law, and the social sciences. Alan Wertheimer develops a theory of consent to sexual relations that applies to both law and morality in the light of the psychology of sexual relations, the psychology of perpetrators, and the psychology of the victims. He considers a wide variety of difficult cases such as coercion, fraud, retardation, and intoxication. We can all agree that 'no' means 'no'. This book suggests that the difficult question is whether 'yes' means 'yes'.

Forgiveness and Mercy
  • Jeffrie G. Murphy, Jean Hampton
  • Published online:
    14 January 2010
    Print publication:
    25 November 1988
  • This book focuses on the degree to which certain moral and legal doctrines are rooted in specific passions that are then institutionalised in the form of criminal law. A philosophical analysis is developed of the following questions: when, if ever, should hatred be overcome by sympathy or compassion? What are forgiveness and mercy and to what degree do they require - both conceptually and morally - the overcoming of certain passions and the motivation by other passions? If forgiveness and mercy indeed are moral virtues, what role, if any, should they play in the law?

Judging in Good Faith
  • Steven J. Burton
  • Published online:
    08 January 2010
    Print publication:
    28 August 1992
  • This book offers an original theory of adjudication focused on the ethics of judging in courts of law, and proposes two main theses. One is the good faith thesis, which defends the possibility of lawful judicial decisions even when judges exercise discretion. The other is the permissible discretion thesis, which defends the compatibility of judicial discretion and legal indeterminacy with the legitimacy of adjudication in a constitutional democracy. Together these two theses oppose both conservative theories that would restrict the scope of adjudication unduly, and leftist critical theories that would liberate judges from the rule of law.

Is There a Right of Freedom of Expression?
  • Larry Alexander
  • Published online:
    07 January 2010
    Print publication:
    30 May 2005
  • In this provocative book, Alexander offers a sceptical appraisal of the claim that freedom of expression is a human right. He examines the various contexts in which a right to freedom of expression might be asserted and concludes that such a right cannot be supported in any of these contexts. He argues that some legal protection of freedom of expression is surely valuable, though the form such protection will take will vary with historical and cultural circumstances and is not a matter of human right. Written in a clear and accessible style, this book will appeal to students and professionals in political philosophy, law, political science, and human rights.

The Ethics of Deference
  • Learning from Law's Morals
  • Philip Soper
  • Published online:
    18 December 2009
    Print publication:
    24 October 2002
  • Do citizens have an obligation to obey the law? This book differs from standard approaches by shifting from the language of obedience (orders) to that of deference (normative judgments). The popular view that law claims authority but does not have it is here reversed on both counts: law does not claim authority but has it. Though the focus is on political obligation, the author approaches that issue indirectly by first developing a more general account of when deference is due to the view of others. Two standard practices that political theorists often consider in exploring the question of political obligation - fair-play and promise-keeping - can themselves be seen as examples of a duty of deference. In this respect the book defends a more general theory of ethics whose scope extends beyond the question of political obligation to questions of duty in the case of law, promises, fair play and friendship.

Crimes against Humanity
  • A Normative Account
  • Larry May
  • Published online:
    23 November 2009
    Print publication:
    01 November 2004
  • This book was the first booklength treatment of the philosophical foundations of international criminal law. The focus is on the moral, legal, and political questions that arise when individuals who commit collective crimes, such as crimes against humanity, are held accountable by international criminal tribunals. These tribunals challenge one of the most sacred prerogatives of states - sovereignty - and breaches to this sovereignty can be justified in limited circumstances, following what the author calls a minimalist account of the justification of international prosecution. Written in a clear and accessible style, this book should appeal to anyone with an interest in international law, political philosophy, international relations, and human rights theory.

The Moral Conditions of Economic Efficiency
  • Walter J. Schultz
  • Published online:
    23 November 2009
    Print publication:
    18 June 2001
  • In the late eighteenth century, Adam Smith significantly shaped the modern world by claiming that when people individually pursue their own interests, they are together led towards achieving the common good. But can a population of selfish people achieve the economic common good in the absence of moral constraints on their behavior? If not, then what are the moral conditions of market interaction which lead to economically efficient outcomes of trade? Answers to these questions profoundly affect basic concepts and principles of economic theory, legal theory, moral philosophy, political theory, and even judicial decisions at the appellate level. Walter Schultz illustrates the deficiencies of theories which purport to show that markets alone can provide the basis for efficiency. He demonstrates that efficient outcomes of market interaction cannot be achieved without moral normative constraints and then goes on to specify a set of normative conditions which make these positive outcomes possible.

Justification Defenses and Just Convictions
  • Robert F. Schopp
  • Published online:
    29 October 2009
    Print publication:
    13 January 1998
  • This major study advances an interpretation of criminal justification defences that views them as an integral component of the structure of the criminal law. Criminal law is defined here as the institutional representation of the underlying principles of political morality in a liberal society. The book extends the traditional scope of the legal and philosophical discussion of justification defences. It integrates philosophical analysis with a consideration of contemporary applications, it shows how these defences are key components of criminal law, and it explores the relationship between legal and moral justification.

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