This volume offers a selection of significant and influential research articles from the contemporary philosophical debate over the fundamental concepts and structures of Anglo-American criminal law. The articles consider the moral legitimacy of punishment, excuse and justification defenses and the conundrums of attempt liability, the bases of culpability and criminal responsibility and the appropriate limits of the criminal law. The introduction clarifies the contexts in which these subjects are discussed, and the volume includes an extensive bibliography.

Retributive accounts of the justification of criminal punishment are increasingly fashionable, yet their proponents frequently rely more on suggestive metaphor than on reasoned explanation. This article seeks to question whether any such coherent explanations are possible. I briefly sketch some general doubts about the validity of retributivist views and then critique three recent efforts (by George Sher, Jean Hampton, and Michael Moore) to put retributivism on a sound basis.

Retributivism is commonly taken as an alternative to a consequentialist justification of punishment. It has recently been suggested, however, that retributivism can be recast as a consequentialist theory. This suggestion is shown to be untenable. The temptation to advance it is traced to an “intrinsic good” claim prominent in retributive thinking. This claim is examined, and is argued to be of little help in coping with the difficulties besetting the retributive theory, as well as clashing with a “desert” claim equally (...) central to that theory. (shrink)

In this important study D. M. Armstrong offers a comprehensive system of analytical metaphysics that synthesises but also develops his thinking over the last twenty years. Armstrong's analysis, which acknowledges the 'logical atomism' of Russell and Wittgenstein, makes facts the fundamental constituents of the world, examining properties, relations, numbers, classes, possibility and necessity, dispositions, causes and laws. All these, it is argued, find their place and can be understood inside a scheme of states of affairs. This is a comprehensive and (...) rigorously this-worldly account of the most general features of reality, argued from a distinctive philosophical perspective, and it will appeal to a wide readership in analytical philosophy. (shrink)

Unlike other treatments of legal punishment, Punishment: Theory and Practice takes both an external approach, asking why we punish at all, and an internal approach, considering issues faced by those 'inside' the practice: For what actions should we punish? Should we allow plea-bargaining? the insanity defense? How should sentencing be determined? The two approaches are connected: To decide whether to punish someone who is 'insane', or who cops a plea, we need to ask whether doing so is consistent with our (...) theory of why we punish at all. In connecting theory and practice, I draw on a broad range of thought: radical criticisms of punishment (Nietzsche, Foucault, Marxists), sociological theories (Durkheim, Girard), various philosophical traditions (utilitarian, German Idealism, modern liberalism), and the 'law and economics' movement. Against radical critics who argue we shouldn't punish at all, but who then leave us without an alternative for dealing with crime, I defend the practice, offering a version of retribution (which I distinguish from revenge and non-consequential theories) that holds we punish not to deter, reform, or otherwise augment social utility, but to mete out just deserts, vindicate right, and express society's condemnation of actions it deems blameworthy. I argue that this theory best accounts for how we do punish, and then use this theory to provide immanent criticism of certain features of our actual practice that don't accord with the retributive principle. (shrink)

This is the first comprehensive handbook in the philosophy of criminal law. It contains seventeen original essays by leading thinkers in the field and covers the field's major topics including limits to criminalization, obscenity and hate speech, blackmail, the law of rape, attempts, accomplice liability, causation, responsibility, justification and excuse, duress, provocation and self-defense, insanity, punishment, the death penalty, mercy, and preventive detention and other alternatives to punishment. It will be an invaluable resource for scholars and students whose research and (...) studies concern philosophical issues in criminal law and criminal law theory. (shrink)

This is a review of the challenging book in which Larry Alexander and Kimberly Ferzan propose sweeping revisions to the structure of substantive criminal law.

One prominent contemporary retributivist theory is built on the notion that crime yields an “unfair advantage” over law-abiding citizens which punishment removes or nullifies. Michael Davis has defended this theory by constructing a market model of “unfair advantage” that he contends answers critics' objections to the retributivist enterprise. I seek to demonstrate the inadequacy of Davis's approach, arguing in particular that the market model rests on an incoherent notion of “demand” and would not, even if coherent, link “unfair advantage” to (...) the seriousness of crimes in any acceptable fashion. The salience of traditional objections to retributivism is thus unaffected by Davis's theory. (shrink)

" -- Africa Today "The excellence of this book lies in the wealth of perspectives that it brings to the discussion on what constitutes philosophy, rationality, ...

Authors philosophical notes on life, conduct of life from the perspective of a life.

A comprehensive introduction to the ways in which meaning is conveyed in language. Alan Cruse covers semantic matters, but also deals with topics that are usually considered to fall under pragmatics. A major aim is to highlight the richness and subtlety of meaning phenomena, rather than to expound any particular theory. Rich in examples and exercises, Meaning in Language provides an invaluable descriptive approach to this area of linguistics for undergraduates and postgraduates alike.

This book: * assumes no mathematical background and keeps the technicalities to a minimum * explains the most important applications of probability theory to ...

In this entry we provide a critical review of recent work on the nature and ethics of blame, including issues of moral standing.

A record of the words and teachings of Confucius, _The Analects_ is considered the most reliable expression of Confucian thought. However, the original meaning of Confucius's teachings have been filtered and interpreted by the commentaries of Confucianists of later ages, particularly the Neo-Confucianists of the Song dynasty, not altogether without distortion.In this monumental translation by Professor D. C. Lau, an attempt has been made to interpret the sayings as they stand. The corpus of the sayings is taken as an organic (...) whole and the final test of the interpretation rests on the internal consistency it exhibits. In other words, _The Analects_ is read in the light of _The Analects._This results in a truer understanding of Confucius' thought than the traditional interpretation and paves the way for a re-assessment of its importance in the history of Chinese thought and its relevance to the present day world.This volume also contains an introduction to the life and teachings of Confucius, and three appendices on the events in the life of Confucius, on his disciples, and on the composition of _The Analects._. (shrink)

The Greeks have long been regarded as innovators across a wide range of fields in literature, culture, philosophy, politics and science. However, little attention has been paid to how they thought and felt about novelty and innovation itself, and to relating this to the forces of traditionalism and conservatism which were also present across all the various societies within ancient Greece. What inspired the Greeks to embark on their unique and enduring innovations? How did they think and feel about the (...) new? This book represents the first serious attempt to address these issues, and deals with the phenomenon across all periods and areas of classical Greek history and thought. Each chapter concentrates on a different area of culture or thought, while the book as a whole argues that much of the impulse towards innovation came from the life of the polis which provided its setting. (shrink)

In identifying that the 'essential tension' is the balance between conservative and innovative approaches in the development of knowledge - tried-and tested or new directions - Kuhn pointed out that these two attitudes are both appropriate. This study adds to this picture the social and psychological dynamics that underpin any such balancing.

Abstract:Contemporary common sense holds that authenticity is an ethical ideal: that there is something bad about inauthenticity, and something good about authenticity. Here we criticize the view that authenticity is bad because it detracts from the wellbeing of the inauthentic person, and propose an alternative moral account of the badness of inauthenticity, based on the idea that inauthentic behaviour is potentially misleading.

The verb 'imagine' admits of perspectival modification: we can imagine things from above, from a distant point of view, or from the point of view of a Russian. But in such cases, there need be no person, either real or imagined, who is above or distant from what is imagined, or who has the point of view of a Russian. We call this the puzzle of perspectival displacement. This paper sets out the puzzle, shows how it does not just concern (...) language, but also states of imagining themselves, and then presents a solution. The solution draws on the idea that many reports of imagining conceal a distinctive kind of question, and such concealed questions have an extra argument place for (what we will call) an experiencer from whose perspective things are imagined. This solution has a range of advantages over other proposals in the literature, and helps to advance two debates concerning perspectival engagement with fiction. (shrink)

In Rationalities in history, the distinguished historian David d'Avray writes a new comparative history in the spirit of Max Weber. In a strikingly original reassessment of seminal Weberian ideas, d'Avray applies value rationality to the comparative history of religion and the philosophy of law. Integrating theories of rational choice, anthropological reflections on relativism, and the recent philosophy of rationality with Weber's conceptual framework, d'Avray seeks to disengage 'rationalisation' from its enduring association with Western 'modernity.' This mode of analysis is contextualised (...) through the examples of Buddhism, Imperial China, and sixteenth-century Catholicism--in the latter case building upon unpublished archival research. This ambitious synthesis of social theory and comparative history will engage social scientists and historians from advanced undergraduate level upwards, stimulating interdisciplinary discourse, and making a significant contribution to the methodology of history. D'Avray explores the potential of this new Weberian analysis further in his companion volume, Medieval religious rationalities"--Provided by publisher. (shrink)

The theme of the relationship between art and society is certainly not a central topic in the aesthetic reflection of Italian neo-idealism. Neither in Croce nor in Gentile it is ever discussed at length, and the few writings in which it is addressed are brief and polemically oriented. This essay, however, proposes to discuss the few hints present in Croce and Gentile on this subject. First, the debate on the materialistic interpretation of history will be examined, to which both Croce (...) and Gentile made important contributions at the end of the 19th century. Secondly, Croce’s own way of doing the history of literature will be discussed, showing the differences that distance him from the Desanctisian model and also from the model derived from the Hegelian Aesthetics. Croce’s way of making history of literature, indeed, aroused harsh criticism after World War II and provoked a request for a “return to De Sanctis”.Finally, but the theme will be only hinted at in the essay, a brief reference will be proposed to the opinions of Antonio Gramsci and his reading of Croce. (shrink)

1. cahier. Logique et mathématique: Thèmes unitaires et crise de l'unité dans la mathématique, par G. Bouligand. Les techniques logiques et l'unite des mathématiques, par D. Dubarle. Chronique de logique, par F. Russo. Physique: Le renouvellement des idées en physique par les théories quantiques et relativistes, par O. Costa de Beauregard. A la recherche d'une physique cohérente, par F. Russo. Sciences de l'homme et de la vie: La paléontologie, par H. Alimen. La biologie et l'homme nouveau, par R. Collin. Précisions (...) sur la notion d'évolution, par R. Lavocat. Pensée religieuse et esprit scientifique, par A.-M. Dubarle. (shrink)

This is the classic study of the history and continuing philosophical values of the law of nature. D'Entrèves discerned three distinct sources that have contributed to the development of natural law: Roman law teachings, Christian beliefs regarding law, and egalitarian and revolutionary theories of the Enlightenment. Now regarded as a classic work, Natural Law has exercised considerable influence over the course of Anglo-American legal theory in the past forty years. The statements of Clarence Thomas during his 1991 Senate confirmation hearings (...) show that the law of nature still holds powerful appeal in defining judicial rules. In the new introduction, Cary J. Nederman points out both the contemporary value and the historical significance of Natural Law. He also provides the biographical as well as intellectual context for d'Entrèves immense accomplishments. This volume is essential reading for students of legal history, political theory, and philosophy. It will also be of interest to historians. "Few texts provide as concise or as cogent an introduction to natural theory as Alexander Passerin d'Entrèves' Natural Law: An Introduction to Legal Philosophy.... Transaction Publishers has performed a genuine service by bringing out a new edition of Natural Law. D'Entrèves' analysis is clear and penetrating, and will guide the student of natural law to further, fruitful study."--Mitchell Muncy, The University Bookman. (shrink)