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All Outputs (105)

A Critique of Von Hirsch's Censure Theory (2025)
Journal Article
Brooks, T. (online). A Critique of Von Hirsch's Censure Theory. Ratio Juris: An international journal of Jurisprudence and Philosophy of Law, https://doi.org/10.1111/raju.12421

Andreas von Hirsch's desert‐based censure theory defends an influential penal theory centred on blame and proportionality. This article critically examines this theory and identifies three key problems relating to its justification of punishment and... Read More about A Critique of Von Hirsch's Censure Theory.

Republican Children (2024)
Journal Article
Brooks, T. (2025). Republican Children. Philosophy and Public Affairs, 53(1), 37-65. https://doi.org/10.1111/papa.12278

Parents appear to dominate their children in ways they cannot with other adults.

A parent can exercise discretion in how their children are raised, but not over how other adults exercise their own discretion. While parental authority over children... Read More about Republican Children.

Capabilities Compatible with Political Liberalism? A Third Way (2021)
Journal Article
Brooks, T. (2021). Capabilities Compatible with Political Liberalism? A Third Way. Croatian Journal of Philosophy, 21(62), 237-250. https://doi.org/10.52685/cjp.21.62.1

This article explores the relationship between capabilities and political liberalism. There are two views about how they might be compatible: Sen claims capabilities should be seen as a revision of primary goods while Nussbaum argues capabilities sho... Read More about Capabilities Compatible with Political Liberalism? A Third Way.

Global Justice and Stakeholding (2021)
Journal Article
Brooks, T. (2021). Global Justice and Stakeholding. International Journal of Applied Philosophy, 34(1), 105-122

Global Justice and the Role of Stakeholding (2021)
Journal Article
Brooks, T. (2021). Global Justice and the Role of Stakeholding. International Studies, 58(1), 7-24. https://doi.org/10.1177/0020881720983720

Most research in global justice considers international distributive justice from a perspective of what duties, if any, affluent states have towards people in severe poverty. The debate usually focuses on whether positive or negative duties are most... Read More about Global Justice and the Role of Stakeholding.

More than Recognition: Why Stakeholding Matters for Reconciliation in Hegel's Philosophy of Right (2020)
Journal Article
Brooks, T. (2020). More than Recognition: Why Stakeholding Matters for Reconciliation in Hegel's Philosophy of Right. The Owl of Minerva, 51(1/2), 59-86. https://doi.org/10.5840/owl202062831

Hegel’s project of reconciliation is central to his Philosophy of Right. This article argues scholars have understood this project in one of two ways, as a form of rational reconciliation or a kind of endorsement. Each is incomplete and their inabili... Read More about More than Recognition: Why Stakeholding Matters for Reconciliation in Hegel's Philosophy of Right.

Global Justice and Stakeholding (2020)
Journal Article
Brooks, T. (2020). Global Justice and Stakeholding. International Journal of Applied Philosophy, 34(1), 105-122. https://doi.org/10.5840/ijap2021118139

The orthodox position in global justice is to consider questions about international distributive justice from a perspective of what duties, if any, affluent states have towards people in severe poverty. The debate has focused on whether positive or... Read More about Global Justice and Stakeholding.

Collective Responsibility for Severe Poverty (2020)
Journal Article
Brooks, T. (2020). Collective Responsibility for Severe Poverty. Global Policy, 11(4), 486-491. https://doi.org/10.1111/1758-5899.12825

Thomas Pogge has argued powerfully for the view that states which are responsible for severe poverty collectively share this responsibility. I claim that this rough equality of collective responsibility is not compelling. Relevant states may share co... Read More about Collective Responsibility for Severe Poverty.

Brexit means anything but Brexit: Why the Prime Minister is at a crossroads and in need of a second referendum (2019)
Journal Article
Brooks, T. (2019). Brexit means anything but Brexit: Why the Prime Minister is at a crossroads and in need of a second referendum. European Human Rights Law Review, 229-234

Reflects on the problems associated with Theresa May's statement that "Brexit means Brexit". Discusses the extent to which Conservative support for Brexit was originally to prevent loss of votes to UKIP, and how the meaning of Brexit evolved and deve... Read More about Brexit means anything but Brexit: Why the Prime Minister is at a crossroads and in need of a second referendum.

Capabilities, Political Liberalism and Private Law (2019)
Journal Article
Brooks, T. (2019). Capabilities, Political Liberalism and Private Law. Archiv für Rechts- und Sozialphilosophie, 104(4), 556-569. https://doi.org/10.25162/arsp-2018-0029

This article argues political liberalism can and should be revised to improve its relevance to the private law. This approach is not a rejection of political liberalism, but instead a restatement consistent with the fundamental tenets of Rawls's theo... Read More about Capabilities, Political Liberalism and Private Law.

Punitive Restoration and Restorative Justice (2017)
Journal Article
Brooks, T. (2017). Punitive Restoration and Restorative Justice. Criminal Justice Ethics, 36(2), 122-140. https://doi.org/10.1080/0731129x.2017.1358930

Criminal justice policy faces the twin challenges of improving our crime reduction efforts while increasing public confidence. These challenges are exacerbated by the fact that at least some measures popular with the public are counterproductive to g... Read More about Punitive Restoration and Restorative Justice.

Unlocking Morality from Criminal Law (2017)
Journal Article
Brooks, T. (2017). Unlocking Morality from Criminal Law. Journal of Moral Philosophy, 14(3), 339-352. https://doi.org/10.1163/17455243-01403001

This review article critically examines R. A. Duff and Stuart P. Green’s wide-ranging Philosophical Foundations of Criminal Law. The book captures well a crucial debate at the heart of its topic: is morality a key for understanding criminal law? I fi... Read More about Unlocking Morality from Criminal Law.

Not just war: Eisikovits on A Theory of Truces (2017)
Journal Article
Brooks, T. (2017). Not just war: Eisikovits on A Theory of Truces. Journal of Global Ethics, 13(1), 4-5. https://doi.org/10.1080/17449626.2017.1321571

More work has gone into thinking about the philosophical justifications for starting a just war than bringing political violence to an end. The papers in this special section explore themes in Nir Eisikovits’s groundbreaking book A Theory of Truces a... Read More about Not just war: Eisikovits on A Theory of Truces.