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2 results

  • Chapter 3 - Outline of the Dual Value Theory

  • David DeGrazia, George Washington University, Washington DC, Joseph Millum, National Institutes of Health, Bethesda
  • Book:
    A Theory of Bioethics
    Published online:
    17 August 2021
    Print publication:
    26 August 2021, pp 34-57
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  • Summary

    This chapter outlines our dual value theory. At the most general level, the theory consists of two substantive values, a formal distributive principle, and a scope determining the set of beings with moral status. The two values are well-being and respect for rights-holders. The distributive principle is equal consideration for all beings with moral status. And the scope is the set of sentient beings. Although our approach confers equal moral consideration on all sentient beings, it does not regard all sentient beings as rights-holders. On the basis of these ideas, we specify mid-level principles pertaining to nonmaleficence, beneficence, distributive justice, and autonomy rights. We also explain the key respects in which our theory differs from the principle-based approach of Tom Beauchamp and James Childress, and comment on other types of ethical theory.

Justice in Extreme Cases
  • Criminal Law Theory Meets International Criminal Law
  • Darryl Robinson
  • Published online:
    17 December 2020
    Print publication:
    17 December 2020
  • In Justice in Extreme Cases, Darryl Robinson argues that the encounter between criminal law theory and international criminal law (ICL) can be illuminating in two directions: criminal law theory can challenge and improve ICL, and conversely, ICL's novel puzzles can challenge and improve mainstream criminal law theory. Robinson recommends a 'coherentist' method for discussions of principles, justice and justification. Coherentism recognizes that prevailing understandings are fallible, contingent human constructs. This book will be a valuable resource to scholars and jurists in ICL, as well as scholars of criminal law theory and legal philosophy.