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)

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.

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)

Introduction: State-Centered and Individual-Centered TheoriesWhat is philosophy of criminal law? The seventeen essays in this book, as a whole, provide an excellent place to start in answering that question. Editors John Deigh and David Dolinko state that they put together this volume of “seventeen original essays by leading thinkers in the philosophy of the criminal law” in order to create “an authoritative handbook” representing “the state of current research on the major topics in the field that arise from (...) issues in the substantive criminal law” (p. v).So what is the field, and what are its major topics? There are many ways to organize this field, but I would start by observing that we can divide the world of philosophy of criminal law into two different types of theorizing: state-centered and individual-centered. The state-centered theory focuses on the proper limits of the state’s power to criminalize and punish, while the individual-centered theory focuses on questions of innocen .. (shrink)

Part of the appeal of the biological approach to personal identity is that it does not have to countenance spatially coincident entities. But if the termination thesis is correct and the organism ceases to exist at death, then it appears that the corpse is a dead body that earlier was a living body and distinct from but spatially coincident with the organism. If the organism is identified with the body, then the unwelcome spatial coincidence could perhaps be avoided. It is (...) argued that such an identification would be a mistake. A living organism has a different part/whole relationship and persistence conditions than the alleged body. A case will be made that the concept ‘human body’ is a conceptual mess, vague in an unprincipled manner, and that an eliminativist stance towards dead bodies is the appropriate response. CiteULike Connotea Del.icio.us What's this? (shrink)

As a continuation of the work of the third author in [5], we make further observations on the features of Galois cohomology in the general model theoretic context. We make explicit the connection between forms of definable groups and first cohomology sets with coefficients in a suitable automorphism group. We then use a method of twisting cohomology (inspired by Serre’s algebraic twisting) to describe arbitrary fibres in cohomology sequences—yielding a useful “finiteness” result on cohomology sets. Applied to the special case (...) of differential fields and Kolchin’s constrained cohomology, we complete results from [3] by proving that the first constrained cohomology set of a differential algebraic group over a bounded, differentially large, field is countable. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain (...) in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

In this classic work David Bohm, writing clearly and without technical jargon, develops a theory of quantum physics which treats the totality of existence as an unbroken whole.

Religion, science, and naturalism -- Perception and religious experience -- Panexperientialism, freedom, and the mind-body relation -- Naturalistic, dipolar theism -- Natural theology based on naturalistic theism -- Evolution, evil, and eschatology -- The two ultimates and the religions -- Religion, morality, and civilization -- Religious language and truth -- Religious knowledge and common sense.

In this innovative study, Lea David critically investigates the relationship between human rights and memory, suggesting that, instead of understanding human rights in a normative fashion, human rights should be treated as an ideology. Conceptualizing human rights as an ideology gives us useful theoretical and methodological tools to recognize the real impact human rights has on the ground. David traces the rise of the global phenomenon that is the human rights memorialization agenda, termed 'Moral Remembrance', and explores what (...) happens once this agenda becomes implemented. Based on evidence from the Western Balkans and Israel/Palestine, she argues that the human rights memorialization agenda does not lead to a better appreciation of human rights but, contrary to what would be expected, it merely serves to strengthen national sentiments, divisions and animosities along ethnic lines, and leads to the new forms of societal inequalities that are closely connected to different forms of corruptions. (shrink)

Liberal thinkers of the eighteenth and nineteenth centuries were alert to the political costs and human cruelties involved in European colonialism, but they also thought that European expansion held out progressive possibilities. In Progress, Pluralism, and Politics David Williams examines the colonial and anti-colonial arguments of Adam Smith, Immanuel Kant, Jeremy Bentham, and L.T. Hobhouse. Williams locates their ambivalent attitude towards European conquest and colonial rule in a set of tensions between the impact of colonialism on European states, the (...) possibilities of progress in distant and diverse places, and the relationship between universalism and cultural pluralism. In so doing he reveals some of the central ambiguities that characterize the ways that liberal thought has dealt with the reality of an illiberal world. Of particular importance are appeals to various forms of universal history, attempts to mediate between the claims of identity and the reality of difference, and the different ways of thinking about the achievement of liberal goods in other places. Pointing to key elements in still ongoing debates within liberal states about how they should relate to illiberal places, Progress, Pluralism, and Politics enriches the discussion on political thought and the relationship between liberalism and colonialism. (shrink)

Thus, Meyers provides a valuable account, not only of current medical attitudes, but also of relevant case and statute law as it stands at present.

David Charles presents a major new study of Aristotle's views on meaning, essence, necessity, and related topics. These interconnected views are central to Aristotle's metaphysics, philosophy of language, and philosophy of science, and are also highly relevant to current philosophical debates. Charles aims to reach a clear understanding of Aristotle's claims and arguments, to assess their truth, and to evaluate their importance to ancient and modern philosophy.

In Phenomenology and the Problem of History. David Carr examines the paradox involving Husserl's transcendental philosophy and his later historicist theory.

Beneath the stylized violence and thrilling car crashes, the Mad Max films consider universal questions about the nature of human life, order and anarchy, justice and moral responsibility, society and technology, and ultimately, human redemption. In Mad Max and Philosophy, a diverse team of political scientists, historians, and philosophers investigates the underlying themes of the blockbuster movie franchise, following Max as he attempts to rebuild himself and the world. -/- This book guides you through the barren wastelands of a post-apocalyptic (...) future as you explore ethics and politics in The Wasteland, the importance of costumes and music, humankind's relationship with nature, commerce, gender, religion, madness, and more. (shrink)

This Introduction introduces readers to the concepts of political philosophy: authority, democracy, freedom and its limits, justice, feminism, multiculturalism, and nationality. Accessibly written and assuming no previous knowledge of the subject, it encourages the reader to think clearly and critically about the leading political questions of our time. THe book first investigates how politcial philosophy tackles basic ethical questions such as 'how should we live together in society?' It furthermore looks at political authority, discusses the reasons society needs politics in (...) the first place, explores the limitations of politics, and asks if there are areas of life that shouldn't be governed by politics. Moreover, the book explores the connections between political authority and justice, a constant theme in political philosophy, and the ways in which social justice can be used to regulate rather than destroy a market economy. In his travels through this realm, Miller covers why nations ar the natural units of government and wonders if the rise of multiculturalism and transnational co-operation will change all this, and asks in the end if we will ever see the formation of a world government. (shrink)

DISSERTATION T. The Natural History of Religion. INTRODUCTION. AS every enquiry, which regards Religion, is of the utmost importance, there are two ...

Making Sense of Education provides a contemporary introduction to the key issues in educational philosophy and theory. Exploring recent developments as well as important ideas from the twentieth century, this book aims to make philosophy of education relevant to everyday practice for teachers and student teachers, as well as those studying education as an academic subject.

This paper responds to comments and criticisms by Stefan Brandt and Eva-Maria Jung, directed at the book "Know-how as Competence. A Rylean Responsibilist Account".

The arithmetical -- Tripartite city, tripartite soul -- The one, the two, and the three -- The arithmetical character of Kallipolis -- Eros -- Intimations of Eros -- The three waves -- Kallipolis v. The republic -- Democracy, psychology, poetry -- Democracy -- Narrative psychology -- Psychological narrative -- Appendix -- The meaning of "dialectical" -- The technical meaning of "dialectic" -- The non-technical of "dialectic" -- Dialectic in The republic.

Procreation and Parenthood offers new and original essays by leading philosophers on some of the main ethical issues raised by these activities.

The resemblance theory of representation is the view that one thing represents another by virtue of resembling it. Typically, it is taken as non-controversial that Berkeley accepts the resemblance theory of representation – even if the plausibility of the resemblance theory itself comes under scrutiny. One piece of evidence in favour of this reading of Berkeley is his commitment to the ‘likeness principle’: the view that ‘an idea can be like nothing but an idea’ (PHK § 8). The likeness principle (...) is typically seen as a rejection of the kind of indirect theory of perception that is often attributed to Locke. However, by paying particular attention to Berkeley’s account of how mental representation via the imagination works, Dávid Bartha casts doubt on the consensus view that Berkeley does accept the resemblance theory of representation. (shrink)

What is called ``orthodox'' quantum mechanics, as presented in standard foundational discussions, relies on two substantive assumptions --- the projection postulate and the eigenvalue-eigenvector link --- that do not in fact play any part in practical applications of quantum mechanics. I argue for this conclusion on a number of grounds, but primarily on the grounds that the projection postulate fails correctly to account for repeated, continuous and unsharp measurements and that the eigenvalue-eigenvector link implies that virtually all interesting properties are (...) maximally indefinite pretty much always. I present an alternative way of conceptualising quantum mechanics that does a better job of representing quantum mechanics as it is actually used, and in particular that eliminates use of either the projection postulate or the eigenvalue-eigenvector link, and I reformulate the measurement problem within this new presentation of orthodoxy. (shrink)

Here the philosopher and physicist David Z Albert argues, among other things, that the difference between past and future can be understood as a mechanical phenomenon of nature and that quantum mechanics makes it impossible to present the entirety of what can be said about the world as a narrative of “befores” and “afters.”.

Conceptual engineering is the design, implementation, and evaluation of concepts. Conceptual engineering includes or should include de novo conceptual engineering (designing a new concept) as well as conceptual re-engineering (fixing an old concept). It should also include heteronymous (different-word) as well as homonymous (same-word) conceptual engineering. I discuss the importance and the difficulty of these sorts of conceptual engineering in philosophy and elsewhere.