By Jeffrie G. Murphy (auth.)
One may well legitimately ask what purposes except self-importance may possibly instructed an writer to factor a suite of his formerly released essays. the easiest cause, i believe, is the idea that the essays dangle jointly in the sort of approach that, as a booklet, they produce an entire that's in a feeling more than the sum of its components. whilst this occurs, as i am hoping it does within the current case, the reason for this is that the essays pursue comparable topics in the sort of approach that, jointly, they at the least shape a begin towards the improvement of a scientific conception at the universal foundations assisting the actual claims within the specific articles. With admire to this assortment, the essays can all be learn as specific methods of pursuing the next basic development of concept: dedication to justice and a recognize for rights (and no longer social software) needs to be the root of any morally applicable criminal order; social contractarian version is the right way to remove darkness from this origin; retributive thought of punish ment is the one concept of punishment resting on this type of origin and therefore is the one morally applicable conception of punishment; that the 20th century's faddish circulation towards a "scientific" or healing reaction to crime runs grave hazards of undermining the principles of justice and rights on which the felony order should leisure; and, ultimately, that the valid fear in regards to the tendency of the behavioral sciences to undermine the values of
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Additional info for Retribution, Justice, and Therapy: Essays in the Philosophy of Law
Sample text
G. " Now the reason why (a) is a bad move is obvious - namely, it is an appeal 16 RIGHTS, JUSTICE, AND THE SOCIAL CONTRACT to authority rather than reason and thus has no place in a philosophical discussion of moral questions. But (b) is more problematical. For 1 have said that 1 am willing to accept such a move if made in the name of there being something wrong with killing babies. Why will I not accept such a move in favor of its being absolutely wrong to kill babies? e. " To be worried about moral issues just is, among other things, to be worried about killing innocents.
Warnock (The Object of Morality [London: Methuen, 1971]). Someone who does not see that "A is a case of killing an innocent" is a relevant reason against doingA, does not understand what moral discourse is all about, what it is necessarily concerned with. And this is so no matter how much he is prepared to universalize and regard as overriding his own idiosyncratic imperatives. If this is true, then the gulf between meta ethics and normative ethics is not quite as wide as many have supposed, since the relevance of certain substantive judgments is now going to be regarded as part of the meaning of morality as a point of view, language game, or form of life.
However, 1 am prepared to admit that it might be better to weaken my claim by maintaining simply that no civilized or enlightened morality would involve strict liability. 5 In California criminal law, for example, vehicular manslaughter is defined as vehicular homicide "in the commission of an unlawful act, not amounting to felony, with gross negligence; or in the commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence ... "(California Penal Code 192, 3, a).