Rights, Restitution, and Risk

Rights, Restitution, and Risk
Author: Judith Jarvis Thomson
Publisher: Harvard University Press
Total Pages: 286
Release: 1986
Genre: Philosophy
ISBN: 9780674769816

Moral theory should be simple: the moral theorist attends to ordinary human action to explain what makes some acts right and others wrong, and we need no microscope to observe a human act. Yet no moral theory that is simple captures all of the morally relevant facts. In a set of vivid examples, stories, and cases Judith Thomson shows just how wide an array of moral considerations bears on all but the simplest of problems. She is a philosophical analyst of the highest caliber who can tease a multitude of implications out of the story of a mere bit of eavesdropping. She is also a master teller of tales which have a philosophical bite. Beyond these pleasures, however, she brings new depth of understanding to some of the most pressing moral issues of the moment, notably abortion. Thomson's essays determinedly confront the most difficult questions: What is it to have a moral right to life, or any other right? What is the relation between the infringement of such rights and restitution? How is rights theory to deal with the imposition of risk?

The Realm of Rights

The Realm of Rights
Author: Judith Jarvis Thomson
Publisher: Harvard University Press
Total Pages: 400
Release: 1990
Genre: Philosophy
ISBN: 9780674749498

Thomson provides a systematic theory of human and social rights, elucidating what in general makes an attribution of a right true. This is a major effort to provide a stable foundation for the deeply held belief that we are not mere cogs in a communal machine, but are instead individuals whose private interests are entitled to respect.

Goodness and Advice:

Goodness and Advice:
Author: Judith Jarvis Thomson
Publisher: Princeton University Press
Total Pages: 208
Release: 2003-01-26
Genre: Philosophy
ISBN: 9780691114736

How should we live? What do we owe to other people? In Goodness and Advice, the eminent philosopher Judith Jarvis Thomson explores how we should go about answering such fundamental questions. In doing so, she makes major advances in moral philosophy, pointing to some deep problems for influential moral theories and describing the structure of a new and much more promising theory. Thomson begins by lamenting the prevalence of the idea that there is an unbridgeable gap between fact and value--that to say something is good, for example, is not to state a fact, but to do something more like expressing an attitude or feeling. She sets out to challenge this view, first by assessing the apparently powerful claims of Consequentialism. Thomson makes the striking argument that this familiar theory must ultimately fail because its basic requirement--that people should act to bring about the "most good"--is meaningless. It rests on an incoherent conception of goodness, and supplies, not mistaken advice, but no advice at all. Thomson then outlines the theory that she thinks we should opt for instead. This theory says that no acts are, simply, good: an act can at most be good in one or another way--as, for example, good for Smith or for Jones. What we ought to do is, most importantly, to avoid injustice; and whether an act is unjust is a function both of the rights of those affected, including the agent, and of how good or bad the act is for them. The book, which originated in the Tanner lectures that Thomson delivered at Princeton University's Center for Human Values in 1999, includes two chapters by Thomson ("Goodness" and "Advice"), provocative comments by four prominent scholars--Martha Nussbaum, Jerome Schneewind, Philip Fisher, and Barbara Herrnstein Smith--and replies by Thomson to those comments.

Imposing Risk

Imposing Risk
Author: John Oberdiek
Publisher: Oxford University Press
Total Pages: 193
Release: 2017
Genre: Business & Economics
ISBN: 0199594058

When we impose risk upon others, what are we doing? What is risking's moral significance? What moral standards govern the imposition of risk? And how should the law respond to it? This book constructs a normative framework of risk imposition to help answer these important and oft-ignored questions.

Normativity

Normativity
Author: Judith Jarvis Thomson
Publisher: Open Court
Total Pages: 283
Release: 2015-12-20
Genre: Philosophy
ISBN: 0812699513

Judith Jarvis Thomson's Normativity is a study of normative thought. She brings out that normative thought is not restricted to moral thought. Normative judgments divide into two sub-kinds, the evaluative and the directive; but the sub-kinds are larger than is commonly appreciated. Evaluative judgments include the judgments that such and such is a good umbrella, that Alfred is a witty comedian, and that Bert answered Carol's question correctly, as well as the judgment that David is a good human being. Directive judgments include the judgment that a toaster should toast evenly, that Edward ought to get a haircut, and that Frances must move her rook, as well as the judgment that George ought to be kind to his little brother. Thomson describes how judgments of these two sub-kinds interconnect and what makes them true when they are true. Given the extensiveness of the two sub-kinds of normative judgment, our everyday thinking is rich in normativity, and moreover, there is no gap between normative and factual thought. The widespread suspicion of the normative is therefore in large measure due to nothing deeper than an excessively narrow conception of what counts as a normative judgment.

Moral Relativism and Moral Objectivity

Moral Relativism and Moral Objectivity
Author: Gilbert Harman
Publisher: Wiley-Blackwell
Total Pages: 240
Release: 1996-01-09
Genre: Philosophy
ISBN: 9780631192114

Do moral questions have objective answers? In this great debate, Gilbert Harman explains and argues for relativism, emotivism, and moral scepticism. In his view, moral disagreements are like disagreements about what to pay for a house; there are no correct answers ahead of time, except in relation to one or another moral framework. Independently, Judith Jarvis Thomson examines what she takes to be the case against moral objectivity, and rejects it; she argues that it is possible to find out the correct answers to some moral questions. In her view, some moral disagreements are like disagreements about whether the house has a ghost. Harman and Thomson then reply to each other. This important, lively accessible exchange will be invaluable to all students of moral theory and meta-ethics.

Goodness and Advice

Goodness and Advice
Author: Judith Jarvis Thomson
Publisher: Princeton University Press
Total Pages: 205
Release: 2009-02-09
Genre: Philosophy
ISBN: 1400824729

How should we live? What do we owe to other people? In Goodness and Advice, the eminent philosopher Judith Jarvis Thomson explores how we should go about answering such fundamental questions. In doing so, she makes major advances in moral philosophy, pointing to some deep problems for influential moral theories and describing the structure of a new and much more promising theory. Thomson begins by lamenting the prevalence of the idea that there is an unbridgeable gap between fact and value--that to say something is good, for example, is not to state a fact, but to do something more like expressing an attitude or feeling. She sets out to challenge this view, first by assessing the apparently powerful claims of Consequentialism. Thomson makes the striking argument that this familiar theory must ultimately fail because its basic requirement--that people should act to bring about the "most good"--is meaningless. It rests on an incoherent conception of goodness, and supplies, not mistaken advice, but no advice at all. Thomson then outlines the theory that she thinks we should opt for instead. This theory says that no acts are, simply, good: an act can at most be good in one or another way--as, for example, good for Smith or for Jones. What we ought to do is, most importantly, to avoid injustice; and whether an act is unjust is a function both of the rights of those affected, including the agent, and of how good or bad the act is for them. The book, which originated in the Tanner lectures that Thomson delivered at Princeton University's Center for Human Values in 1999, includes two chapters by Thomson ("Goodness" and "Advice"), provocative comments by four prominent scholars--Martha Nussbaum, Jerome Schneewind, Philip Fisher, and Barbara Herrnstein Smith--and replies by Thomson to those comments.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Privacy at Risk

Privacy at Risk
Author: Christopher Slobogin
Publisher: University of Chicago Press
Total Pages: 320
Release: 2008-09-15
Genre: Political Science
ISBN: 0226762947

Without our consent and often without our knowledge, the government can constantly monitor many of our daily activities, using closed circuit TV, global positioning systems, and a wide array of other sophisticated technologies. With just a few keystrokes, records containing our financial information, phone and e-mail logs, and sometimes even our medical histories can be readily accessed by law enforcement officials. As Christopher Slobogin explains in Privacy at Risk, these intrusive acts of surveillance are subject to very little regulation. Applying the Fourth Amendment’s prohibition on unreasonable searches and seizures, Slobogin argues that courts should prod legislatures into enacting more meaningful protection against government overreaching. In setting forth a comprehensive framework meant to preserve rights guaranteed by the Constitution without compromising the government’s ability to investigate criminal acts, Slobogin offers a balanced regulatory regime that should intrigue everyone concerned about privacy rights in the digital age.

Imposing Risk

Imposing Risk
Author: John Oberdiek
Publisher: Oxford University Press
Total Pages: 193
Release: 2017-08-25
Genre: Law
ISBN: 0191065951

We subject others and are ourselves subjected to risk all the time - risk permeates life. Despite the ubiquity of risk and its imposition, philosophers and legal scholars have devoted little of their attention to the difficult questions stimulated by the pervasiveness of risk. When we impose risk upon others, what is it that we are doing? What is risking's moral significance? What moral standards govern the imposition of risk? And how should the law respond to it? This book highlights these important but neglected questions and offers novel answers to them in a systematic way, constructing a normative framework of risk imposition that draws upon a wide range of insights from diverse sources within philosophy and legal theory. Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse traditions of thought but always with an emphasis on rigour and originality. It sets the standard in contemporary jurisprudence.