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The printing press had the potential to break the common lawyers' monopoly of legal knowledge. Early-modern England witnessed debates about the desirability of wider dissemination of legal learning. Previous scholarship has identified the long-term trend to increased printing of the law in English, focusing on ideological debates between lawyers and other key actors. Only selected texts and types of material were made available to the wider public before the 1620s. From the later 1620s a wider range of material which had hitherto existed only in manuscript was printed in English. Knowledge of the common law became more commonly available. This article identifies this crucial moment and explains the change. Rather than the ideological questions which are discussed in the existing literature, more mundane causes are identified for the legal profession's reduced control over the transmission of legal knowledge: a shift to the use of English by lawyers themselves, and a loss of professional control over manuscripts. The paper therefore demonstrates an important methodological point: understanding and assessing the history of legal printing requires engagement with older methods of transmitting the law.
This paper aims to critically appraise the incorporation of opium poppy into medical practice in Song-dynasty China. By analysing materia medica and formularies, along with non-medical sources from the Song period, this study sheds light on the role of Chinese Buddhist monasteries in the process of incorporation of foreign plants into Chinese medicine. It argues that Buddhist monasteries played a significant role in the evolution of the use of opium poppy in Song dynasty medicine. This is because the consumption practices in Buddhist monasteries inspired substantial changes in the medical application of the flower during the Southern Song dynasty. While, at the beginning of Song dynasty, court scholars incorporated opium poppy into official materia medica in order to treat disorders such as huangdan and xiaoke, as well as cinnabar poisoning, this study of the later Song medical treatises shows how opium poppy was repurposed to treat symptoms such as diarrhoea, coughing and spasms. Such a shift in the medical use of the poppy occurred after Chinese literati and doctors became acquainted with the role of the flower in the diet and medical practices of Buddhist monks across China. Therefore, the case study of the medical application of opium poppy during the Song dynasty provides us with insights into how the spread of certain practices in Buddhist monasteries might have contributed to the change in both professional medical practices and daily-life healthcare in local communities in that period.
As is already well known, subjective consequentialists face a challenge which arises from the fact that many (perhaps even most) of the consequences of an action are unforeseeable: this fact makes trouble for the assignment of expected values. Recently there has been some discussion of the role of ‘indifference’ principles in addressing this challenge. In this article, I argue that adopting a principle of indifference to unforeseeable consequences will not work – not because of familiar worries about the rationality of such indifference principles, but because subjective consequentialist theories which adopt such principles end up entailing either deontic indeterminacy or arbitrary deontic variance. This is because of another well-known fact: that possibilities do not ‘agglomerate’.
Civil disobedience is a conscientious, unlawful, and broadly nonviolent form of protest, which most political philosophers and many non-philosophers are inclined to treat as potentially defensible in democratic societies. In recent years, philosophers have become more receptive to long-standing complaints from activists that civil disobedience is an unduly restrictive framework for considering the ethics of dissent. Candice Delmas and Jason Brennan have written important books that illustrate and strengthen this trend, both defending forms of “uncivil” resistance that go beyond the narrow confines of civil disobedience. Their books offer contrasting but complementary philosophical defences of incivility as a tactic of resistance, but it is nonetheless a mistake to conclude that the rich tradition associated with civil disobedience no longer has any relevance for resistance in national, transnational, and global contexts.
How do civilians react to being harmed in war? Existing studies argue that civilian casualties are strategically costly because civilian populations punish a belligerent who kills civilians and support the latter's opponent. Relying on eighty-seven semi-structured interviews with victims of coalition attacks in Afghanistan, this article shows that moral principles inform civilians’ attitudes toward their own harming. Their attitudes may therefore vary with the perceived circumstances of an attack. Civilians’ perception of harm as unintended and necessary, in accordance with the moral principles of distinction and necessity, was associated with narratives that cast an attack as relatively more legitimate and with a partial or full release of the coalition from blame. The principle of proportionality, which requires that civilian casualties are caused in pursuit of a legitimate war aim, informed their abstract attitudes toward civilian casualties in Afghanistan. Two rules of international law, which accord with the moral principles of distinction and necessity, were reflected in the civilians’ attitudes. The legal rule of proportionality, which diverges from the namesake moral principle, failed to resonate with the civilians. The article explores whether compliance with the legal rules of distinction and necessity can contribute to mitigating the strategic costs of civilian casualties.
Debates over how best to ensure appropriate conduct in battle typically draw a binary distinction between rule compliance and rule violation. This framing is problematic, excluding a critical third element of battlefield conduct, supererogation—that is, positive acts that go beyond what is demanded by the explicit rules of war. This article investigates this moral category of action; specifically, situations in which combatants refrain from taking the life of an enemy despite their moral and legal license to do so. It first considers the moral tension between the duty of combatants to kill and battlefield mercy, and goes on to explore the factors that motivate the latter. The article then shifts to consider the significance of supererogation to the ongoing efforts to moderate the conduct of contemporary war. As the article illustrates, supererogatory restraint is constituted by values that when cultivated also incentivize adherence to the more explicit rules and standards of the battlefield. This is demonstrated through analysis of the conduct of Western special forces. The concept of supererogation is of further use when evaluating the origins and implications of “moral injury.” This is verified empirically in the context of armed unmanned aerial vehicles.
It is hard to imagine a threat to international security or a tension within U.S. foreign policy that does not involve the imposition of economic sanctions. The United Nations Security Council has fourteen sanctions regimes currently in place, and all member states of the United Nations are obligated to participate in their enforcement. The United States has some thirty sanctions programs, which target a range of countries, companies, organizations, and individuals, and many of these are autonomous sanctions that are independent of the measures required by the United Nations. Australia, Canada, the European Union, Japan, South Korea, and others also have autonomous sanctions regimes, spanning a broad range of contexts and purpose. Most well-known are those concerning weapons proliferation, terrorism, and human rights violations; but sanctions are also imposed in such contexts as money laundering, corruption, and drug trafficking. States may also impose sanctions as a means to achieve foreign policy goals: to pressure a foreign state to bend to the sanctioner's will, to punish those who represent a threat to the sanctioner's economic or political interests, or to seek the end of a political regime toward which the sanctioner is hostile, to give but a few examples.
As part of the roundtable “Economic Sanctions and Their Consequences,” this essay examines unilateral coercive measures. These types of sanctions are applied outside the scope of Chapter VII of the United Nations Charter, and were developed and refined in the West in the context of the Cold War. Yet the eventual collapse of the Berlin Wall did not herald the demise of unilateral sanctions; much to the contrary. While there are no incontrovertible data on the extent of these measures, one can safely say that they target in some way a full quarter of humanity. In addition to being a major attack on the principle of self-determination, unilateral measures not only adversely affect the rights to international trade and to navigation but also the basic human rights of innocent civilians. The current deterioration of the situation, with the mutation of embargoes into blockades and impositions on third parties, is a threat to peace that needs to be upgraded in strategic concern.
As part of the roundtable “Economic Sanctions and Their Consequences,” this essay discusses whether economic sanctions are morally acceptable policy tools. It notes that both conventional and targeted sanctions not only often fail to achieve their stated objectives but also bring about significant negative externalities in target countries. Economic dislocation and increases in political instability instigated by sanctions disproportionately affect the well-being of opposition groups and marginalized segments of society, while target elites and their support base remain insulated from the intended costs of foreign pressure. Sanctions might also incentivize target governments to use repressive means to consolidate their rule and weaken the opposition. Given these serious shortcomings, I argue that sanctions are ethically problematic tools of foreign policy. Nonetheless, this does not mean that sanctions should be rejected outright, as there might be cases where sanctions are the only viable option, and they might work effectively under certain circumstances. Rather, the essay suggests that policymakers should apply more caution in considering the use of sanctions given their low probability of success, and should be more concerned with the delicate balance between political gain and civilian pain before levying sanctions, whether comprehensive or targeted.
Asset freezes are sometimes viewed as the quintessential form of targeted sanctions—relatively effective in achieving their goals, while affecting only the individuals and companies that are “bad actors.” However, as part of the roundtable “Economic Sanctions and Their Consequences,” this essay argues that there are significant ethical problems raised by asset freezes and other forms of targeted financial sanctions. Sanctioners (specifically, the United Nations Security Council and the U.S. government) have long been criticized for targeting individuals and companies for arbitrary reasons or without adequate due process. However, there is a second concern that is less well known. Asset freezes and other targeted financial sanctions may be imposed on government officials, government agencies, or private companies that hold a critical role in the target country's economy. A country's central bank, national oil company, or national shipping line, for example, may be severely compromised as a result of its inclusion on a financial blacklist. In addition to the explicit prohibitions imposed by targeted financial sanctions, there is a chilling effect as well. This can be seen when international banks and corporations withdraw from the target country altogether because the burden of compliance with these measures is so great, and the potential penalties so high.