Since the criminal law acquits a person who mistakenly believed that another person consented to the sex that they forced upon them: 'rape is not prohibited; it is regulated' (to borrow Mackinnon's phrase). This book is concerned with the legal category of 'the exculpatory mistaken belief in consent', why this category ought to be narrowed, and how it can be narrowed without departing from criminal law's retributive morality and principles of criminalisation. The book calls for three refor...

Questions about who we are, who we can be, and who is like and unlike us underpin a vast range of contemporary social issues. What makes our families so important to us? What do the often stark differences between how we self-identify and the way others see and define us reveal about our social world? Why do we attach such significance to 'being ourselves'?In this new edition of her popular and inviting introduction, Steph Lawler examines a range of important debates about identity...

This volume presents two closely related essays by Thomas Nagel: “Gut Feelings and Moral Knowledge” and “Moral Reality and Moral Progress.” Both essays are concerned with moral epistemology and our means of access to moral truth; both are concerned with moral realism and with the resistance to subjectivist and reductionist accounts of morality; and both are concerned with the historical development of moral knowledge. The second essay also proposes an account of the historical development ...

In this book Joseph Raz develops his views on some of the central questions in practical philosophy: legal, political, and moral. The book provides an overview of Raz's work on jurisprudence and the nature of law in the context of broader questions in the philosophy of practical reason. The book opens with a discussion of methodological issues, focusing on understanding the nature of jurisprudence. It asks how the nature of law can be explained, and how the success of a legal theory can be...

Philosophy of Law: An Introduction provides an ideal starting point for students of philosophy and law. Setting it clearly against the historical background, Mark Tebbit quickly leads readers into the heart of the philosophical questions that dominate philosophy of law today. He provides an exceptionally wide-ranging overview of the contending theories that have sought to resolve these problems. He does so without assuming prior knowledge either of philosophy or law on the part of...

Rhetoric is the art of speech and persuasion, the study of argument and, in Classical times, an essential component in the education of the citizen. For rhetoricians, politics is a skill to be performed and not merely observed. Yet in modern democracies we often suspect political speech of malign intent and remain uncertain how properly to interpret and evaluate it. Public arguments are easily dismissed as ‘mere rhetoric’ rather than engaged critically, with citizens encouraged to be passi...

This is a revised edition of Walker's well-known book in feminist ethics first published in 1997. Walker's book proposes a view of morality and an approach to ethical theory which uses the critical insights of feminism and race theory to rethink the epistemological and moral position of the ethical theorist, and how moral theory is inescapably shaped by culture and history. The main gist of her book is that morality is embodied in "practices of responsibility" that express our identities, ...

In R. v. Ewanchuk, the Supreme Court of Canada held that sexual touching must be accompanied by express, contemporaneous consent. In doing so, the Court rejected the idea that sexual consent could be "implied." Ewanchuk was a landmark ruling, reflecting a powerful commitment to women's equality and sexual autonomy. In articulating limits on the circumstances under which women can be said to "consent" to sexual touching, however, the decision also restricts their autonomy - specifically, by...

This collection provides an intellectually rigorous and accessible overview of key topics in contemporary natural law jurisprudence, an influential yet frequently misunderstood branch of legal philosophy. It fills a gap in the existing literature by bringing together leading international experts on natural law theory to provide perspectives on some of the most pressing issues pertaining to the nature and moral foundations of law. Themes covered include the history of the natural law tradi...

Applied philosophy has been a growing area of research for the last 40 years. Until now, however, almost all of this research has been centered around the field of ethics. A Companion to Applied Philosophy breaks new ground, demonstrating that all areasof philosophy, including epistemology, metaphysics, philosophy of science, and philosophy of mind, can be applied, and are relevant to questions of everyday life.This perennial topic in philosophy provides an overview of the...

John Finnis is a pioneer in the development of a new yet classically-grounded theory of natural law. His work offers a systematic philosophy of practical reasoning and moral choosing that addresses the great questions of the rational foundations of ethical judgments, the identification of moral norms, human agency, and the freedom of the will, personal identity, the common good, the role and functions of law, the meaning of justice, and the relationship of morality and politics to religion...

Nicholas Onuf is a leading scholar in international relations and introduced constructivism to international relations, coining the term constructivism in his book World of Our Making (1989). He was featured as one of twelve scholars featured in Iver B. Neumann and Ole Wæver, eds., The Future of International Relations: Masters in the Making? (1996); and featured in Martin Griffiths, Steven C. Roach and M. Scott Solomon, Fifty Key Thinkers in International Relations, 2nd ...