Dudley Knowles

Property and Political Theory

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Robert Nozick : property, justice and the minimal state

Introduction. I: Nozicka s Libertarianism. II: Libertarian Rights. III: Defending the Minimal State. IV: The Entitlement Theory of Justice. V: Nozick and Political Philosophy. Notes. Guide to Further Reading. Bibliography.

Parents’ Consent to the Post‐mortem Removal and Retention of Organs

Parents of children who died following complex heart surgery have recently discovered that organs were removed and retained in post-mortem investigations to which they consented. It has been established that many of these parents did not give informed consent to the retention of organs. The Bristol Royal Infirmary Inquiry which examined these practices drafted codes of practice to govern future post-mortem activities. It is argued that these codes of practice may be onerous to some parents, yet effectively disbar them from dissenting to their application whilst they might otherwise agree to the post-mortem removal and retention of organs for purposes of medical audit, research or training. This consequence arises from employing an over-rigorous concept of informed consent in the immediate circumstances of bereavement. That concept is discussed in detail. An alternative proposal is canvassed which improves on the status quo but does not impose a practice of consent which may be burdensome and distressing to many.

Gratitude and Good Government

I attempt to show that it is notphilosophically incompetent to ground politicalobligation in feelings of gratitude. But theargument needs to be stated carefully.Gratitude must be distinguished fromreciprocity. It applies only to good governmentwhich provides benefits to citizens for whichthey ought to feel grateful. It applies only tocitizens who accept that their feelings ofgratitude are properly demonstrated by anacceptance on their part of the duties ofcitizenship. It does not apply to citizenswhose benefits are purchased at the expense ofthe unjust treatment of fellow citizens.

The Domain of Authority

If the commands of authority are peremptory and content-independent directives, it is a great puzzle why any rational autonomous agent should accept them as morally binding, as Robert Paul Wolff and others have argued. I analyse the peremptory and content-independent quality of authoritative directives and argue that all earthly authorities operate within a specified domain. I investigate three candidates for the role of universally applicable boundary conditions–morality, harm to self, and absurdity. I conclude that commands are authoritative only when intra vires, i.e. issued within the proper domain of the authority. Wolffs challenge is not met, hut it is shown to be less forbidding.

Alan Brudner and the Contemporary Significance of Hegel's Philosophy of Law

Drawing on the philosophy of Hegel, Alan Brudner’s book is an attempt to develop a comprehensive, unified theory of penal law for ‘liberal’ societies. At first sight the legal systems of these societies appear to lack any coherence or underlying unity. However, a closer analysis, undertaken from the standpoint of Hegel’s philosophical system, indicates that this is not the case. Underneath this surface diversity there is an underlying unity. Nevertheless, the unity that underpins the systems of penal law in such societies is of a particular kind. It is not homogeneous, but differentiated; not monolithic, but pluralistic. It is a higher level ‘unity of unities’, or (2012) 3(1) Jurisprudence 211–218

An Essay on Rights.

Acknowledgements. Part I: Introduction. Part II: Liberty. 1. Actions and Eligibility. 2. Offers and Treats. 3. Prevention and Possession. 4. Liberty and Computation. Part III: Rights: 5. Choices and Benefits. 6. Liberties and Duties. 7. Compossibility and Domains. 8. Titles and Vindications. Part IV: Moral Reasoning: 9. Rules and Judgements. 10. Priority and Structure. 11. Quality and Quantity. 12. Consequences and Numbers. Part V: Economic Reasoning: 13. Axioms and Orderings. 14. Indifference and Optimality. 15. Continuity and Commensurability. 16. Endowments and Exploitation. Part VI: Justice: 17. Disagreement and Deadlock. 18. Impartiality and Lexiality. 19. Liberty and Equality. 20. Rights and Origins. Part VII: Original Rights: 21. Persons and Things. 22. Persons and Bodies. 23. Persons and Times. 24. Persons and Places. Part VIII: Epilogue: Just Redistributions. Bibliography. Index.

The Right to Private Property.

Part 1: The Framework: Introduction What is private property? Right-based arguments Special rights and general rights Part II: The arguments: Arguing for property Lockes discussion of property Historical entitlement: some difficulties General-right-based arguments for private property The Proudhon Strategy Hegels discussion of property Self-ownership and the opportunity to appropriate Property for all Bibliography Index