John Mikhail on Battery and Morality

约翰·米哈伊尔谈电池与道德

Philosophy Bites

社会与文化

2013-04-27

18 分钟
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Hitting someone, throwing a ball hard at someone's head, spitting at someone: these are all examples of harmful acts, called 'battery' in Tort Law, and most of us judge those who do such things without the victim's implied or actual consent as morally blameworthy. Could widespread aversion towards such acts be due to some kind of fundamental moral principle? John Mikhail discusses this question with Nigel Warburton in this episode of the Philosophy Bites podcast. Philosophy Bites is made in association with the Institute of Philosophy.
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  • This is philosophy bites with me, David.

  • Edmonds, and me, Nigel Warburton.

  • Philosophy Bites is available at www.philosophybytes.com.

  • Philosophy Bites is made in association with the Institute of Philosophy.

  • Unprovoked physical violence, punching someone in the nose or deliberately stamping on their toes is morally wrong.

  • Most of us have strong intuitions about that.

  • John Michael is a philosopher and legal scholar.

  • He argues that beneath such feelings may lie fundamental moral principles, a kind of moral grammar not dissimilar to Noam Chomsky's universal linguistic grammar.

  • At the heart of many of our moral intuitions, suggests, Professor McCall, is a basic prohibition on interpersonal violence, or battery, as it's sometimes called.

  • John McHale, welcome to Frostview Bites.

  • Thank you very much.

  • It's great to be here.

  • The topic we're going to focus on is battery and morality.

  • Could you just tell us what battery is before we get onto morality?

  • Sure.

  • Battery is the term that's used in tort law, the law of personal injury, for a certain kind of norm violation that involves trespass to the body, to the body of another person.

  • In the criminal law, sometimes that same act is called assault.

  • But for our purposes, we might think of the intentional act that causes a harmful contact to another person.

  • That would be battery.

  • So a classic case would be, if I were to swing my fist now and connect with your nose, that would be an active battery.