Applied ontology is the attempt to put to use the rigorous tools of philosophical ontology in the development of category systems which can be of use in the formalization and systematization of knowledge of a given domain. In what follows we shall sketch some elements of the ontology of legal and socio-political institutions, paying attention especially to the normativity involved in such institutions. We shall see that there is more than one type of normativity, but that this fact that has (...) often been ignored in standard attempts by philosophers to build ontologies of legal and other socio-political entities. In order to provide a sound system of categories for legal and socio-political institutions and entities, however, the manifold of normativity needs to be addressed. The classical examples of normative statements have been moral propositions; they do not merely describe states of affairs; they tell us how states of affairs ought to be. The distinction between how things are and how they ought to be is the basis of the distinction between fact and value. Analytic philosophers for a long time shunned discussions of normativity and ethics. They considered ethical statements as pseudo-propositions, or as expressions of pro- or con-attitudes of no theoretical significance.1 Nowadays, in contrast, prominent analytic philosophers discuss normative problems and there are important books written by such philosophers on topics such as law and justice. Here we pay attention to three seminal thinkers in this development: H. L. A. Hart, John Rawls, and John R. Searle in concerning ourselves especially with the way in which they deal with the issue of normativity. Hart is, within the context of recent analytic philosophy, the most important philosopher of law, Rawls the most.. (shrink)

Philosophers often claim that forgiveness is a paradoxical phenomenon. I here examine two of the most widespread ways of dealing with the paradoxical nature of forgiveness. One of these ways, emblematized by Aurel Kolnai, seeks to resolve the paradox by appealing to the idea of repentance. Somehow, if a wrongdoer repents, then forgiving her is no longer paradoxical. I argue that this influential position faces more problems than it solves. The other way to approach the paradox, exemplified here by the (...) work of Jacques Derrida, is just too obscure to be by itself helpful. Yet, I argue that what I take to be its spirit is on the right track. I recommend distinguishing between the definition and the justification of forgiveness, and also between forgiveness understood as a mental phenomenon and an overt, communicative act. These distinctions are not given their due in the specialized literature, and I expose the nefarious consequences of this neglect. By focusing on forgiveness as a mental phenomenon I seek to analyze the root of the talk of paradoxes which surrounds the discussion of forgiveness. Finally, I present an analysis of forgiveness as a pure mental phenomenon, and argue that this analysis is the most important step in understanding forgiveness in any other sense. While my analysis reveals interesting aspects of forgiveness, it reveals, too, that forgiveness is not quite as paradoxical after all. (shrink)

David Boonin, The Problem of Punishment. There are two reasons why David Boonin's recent book, The Problem of Punishment,1 offers me a unique oppor...

The age-old debate about what constitutes just punishment has become deadlocked. Retributivists continue to privilege desert over all else, and consequentialists continue to privilege punishment's expected positive consequences, such as deterrence or rehabilitation, over all else. In this important intervention into the debate, Leo Zaibert argues that despite some obvious differences, these traditional positions are structurally very similar, and that the deadlock between them stems from the fact they both oversimplify the problem of punishment. Proponents of these positions pay (...) insufficient attention to the conflicts of values that punishment, even when justified, generates. Mobilizing recent developments in moral philosophy, Zaibert offers a properly pluralistic justification of punishment that is necessarily more complex than its traditional counterparts. An understanding of this complexity should promote a more cautious approach to inflicting punishment on individual wrongdoers and to developing punitive policies and institutions. (shrink)

Punishment is a phenomenon which occurs in many contexts. Discussions of punishment assume punishment is criminal punishment carried out by the State. This book contains an account of punishment which overcomes the difficulties of competing accounts and treats punishment comprehensibly to better understand how it differs from similar phenomena, discussing its justification fruitfully.

For much of the first fifty years of its existence, analytic philosophy shunned discussions of normativity and ethics. Ethical statements were considered as pseudo-propositions, or as expressions of pro- or con-attitudes of minor theoretical significance. Nowadays, in contrast, prominent analytic philosophers pay close attention to normative problems. Here we focus our attention on the work of Searle, at the same time drawing out an important connection between Searle’s work and that of two other seminal figures in this development: H.L.A. Hart (...) and John Rawls. We show that all three thinkers tend to assume that there is but one type of normativity within the realm of social institutions – roughly, the sort of normativity that is involved in following the results of chess – and that they thereby neglect features that are of crucial significance for an adequate understanding of social reality. (shrink)

Linda Radzick's new book, _The Ethics of Social Punishment_, contains an important discussion of punishment outside the context of the state. By way of celebrating this fine and welcome book, I try to probe some analytical contours concerning punishment seen from the general perspective on which Radzick and I agree. I suggest altogether abandoning the idea that (non-state) punishment needs to be inflicted by an authority. Furthermore, I insist on an account of retributivism that resists the usual accusations of barbarism (...) and bloodthirstiness. (shrink)

Derek Parfit has recently defended the view that no one can ever deserve to suffer. Were this view correct, its implications for the thorny problem of the justification of punishment would be extraordinary: age-old debates between consequentialists and retributivists would simply vanish, as punishment would only—and simply—be justifiable along Benthamite utilitarian lines. I here suggest that Parfit’s view is linked to uncharacteristically weak arguments, and that it ought to be rejected.

The appeal of the moral principle according to which we should treat like cases alike is so great that it verges on the axiomatic, or on the platitudinous. Recently, however, the principle has been challenged in deeply interesting ways. These ways are interesting because they do not invite skepticism about morality at large, but about the specific claim that what is good (or bad) for an agent in a given situation must be good (or bad) for any other similarly situated (...) agent. I here assess the post-challenge viability of the principle. In a sense, the principle survives, but this is neither an unqualified victory nor an inspiring result. The examination of these matters contains an important (and under-investigated) lesson about the nature of moral experience. (shrink)

The parceling of land into real estate is more than a simple geometrical affair. Real estate is a historical product of interaction between human beings, political, legal and economic institutions, and the physical environment. And while many authors, from Jeremy Bentham to Hernando de Soto, have drawn attention to the ontological (metaphysical) aspect of property in general, no comprehensive analysis of landed property has been attempted. The paper presents such an analysis and shows how landed property differs from other types (...) of property in a way which implies a special role for political and economic philosophy of property rights in land. This is the Chinese translation of "The Metaphysics of Real Estate", Topoi, 20: 2 (September 2001), 161–172. (shrink)

Victor Tadros’ The Ends of Harm is the most recent systematic attempt to defend the good old utilitarian justification of punishment. The attempt fails for a variety of reasons, which are here explored. First, the attempt presupposes an implausible account of human’s psychology. Second, the attempt confuses an attack on retributivism with an attack on certain criminal justice systems. Finally, Tadros admits that his justification of punishment is best seen as a mere step along the road to full-blown abolitionism – (...) and so he unwittingly admits the extraordinarily thin sense in which he could be said to be really attempting to justify punishment. (shrink)

In a recent article in this journal Brandon Warmke argues against my account of forgiveness. I here offer answers to his objections, and suggest ways in which I think he has misinterpreted my views. This exchange with Warmke also gives me the opportunity to insist on my general thesis that it is advisable to study punishment and forgiveness together. It is precisely the conceptual proximity of these two phenomena which make my account of forgiveness uncommon, and which make it more (...) promising than other accounts. (shrink)

Those of us who appreciate the force of both retributive and consequentialist rationales for the justification of punishment should be sympathetic to efforts to combine them, so as to develop a more compelling justificatory scheme. In this chapter, however, Zaibert argues that extant mixed justifications have failed in coherently combining these rationales. He attempts to explain this failure by identifying two widespread and interrelated mistakes made by punishment theorists. First, they have systematically underestimated the difficulty of their task. Second, (...) they have not availed themselves of certain tools that recent developments in other areas of moral philosophy provide, which Zaibert considers necessary for real progress in our efforts to justify punishment. (shrink)

Punishment is punishment even if it is not (perceived by the punisher to be) deserved. But punishment which is not (perceived by the punisher to be) fitting is not punishment. This paper explores the differences between desert and fittingness, and argues that incorporating fittingness into thedefinition of punishment is not problematic, whereas incorporating desert in such definition is, in contrast, infamously problematic. The main difference between these two notions turns on the interesting differences between two types of normativity. Fittingness is (...) exclusively concerned with aesthetic normativity, whereas desert is more directly concerned with moral normativity. When something is fitting, then it is, to an extent, intrinsically good, and, to an extent, it is also beautiful. The notion of fittingness has largely been ignored in discussions of punishment, yet it helps us better to understand the phenomenon of punishment, and in particular the thorny relationship between this phenomenon and desert. Key Words: beauty • desert • fittingness • normativity • punishment • retributivism. (shrink)

This book provides a close examination of ontology and of the work of Professor Barry Smith, one of the most prolific philosophers of the modern day. Numerous scholars explore the various disciplines in which the impact of Smith's work has been felt over the breadth of his career, including biology, computer science and informatics, cognitive science, economics, genetics, geography, law, neurology, and philosophy itself. While offering in-depth perspectives on ontology, the book also expands upon the breadth of Smith's influence. With (...) insights from renowned and influential scholars from many different countries, this book is an informative and enlightening celebration of all Smith has contributed to numerous fields of thought. (shrink)

This article criticizes the recent “aretaic-turn” in legal theory. Within Criminal law theory, the main concern of aretaic theorists is culpability, and their main source of inspiration is Aristotle’s virtue ethics. Too focused on Aristotle’s virtue ethics, however, aretaic theorists fail to consider Aristotle’s views on culpability proper. Aristotle himself did not turn to virtue ethics when he discussed culpability; and thus I suggest that Aristotle himself would have rejected the contemporary aretaic turn. Still, I believe that Aristotle’s work on (...) culpability is important insofar as it laid the foundations of subsequent theories of culpability in most of the non-English-speaking West. Through Aristotle, then, I seek to show the relevance of rich and venerable legal and philosophical traditions for the advancement of our understating of some thorny problems of contemporary criminal law. (shrink)

Contemporary criminal justice systems are extraordinarily unfair. Focusing on Hyman Gross’s Crimes and Punishment: A Concise Moral Critique, however, I identify ways in which scholarly criticisms of these criminal justice systems tend to miss their target. In particular, I argue against the assumption that in order to criticize these criminal justice systems we need to cast doubt on the very practice of blaming people and on the notion of desert, or that we need to reject wholesale retributive rationales for punishment. (...) Quite the contrary: an important reason why contemporary criminal justice systems are unfair is that they punish many people undeservedly. (shrink)

This book provides close examination of ontology and the work of Professor Barry Smith, one of the most prolific philosophers of the modern day. In this book numerous scholars who have collaborated with Smith explore the various disciplines in which the impact of his work has been felt over the breadth of his career, including biology, computer science and informatics, cognitive science, economics, genetics, geography, law, neurology, and philosophy itself. While offering in-depth perspectives on ontology, the book also expands upon (...) the breadth of Smith’s influence. With insights from renowned and influential scholars from many different countries, this book is an informative and enlightening celebration of all Smith has contributed to numerous academic schools of thought. (shrink)

The thesis that an analysis of property rights is essential to an adequate analysis of the state is a mainstay of political philosophy. The contours of the type of government a society has are shaped by the system regulating the property rights prevailing in that society. Views of this sort are widespread. They range from Locke to Nozick and encompass pretty much everything else in between. Defenders of this sort of view accord to property rights supreme importance. A state that (...) does not sufficiently respect property rights is likely to be a totalitarian state, and will also be likely to fail to respect rights of other sorts. (shrink)

Suppose you own a garden-variety object such as a hat or a shirt. Your property right then follows the ageold saw according to which possession is nine-tenths of the law. That is, your possession of a shirt constitutes a strong presumption in favor of your ownership of the shirt. In the case of land, however, this is not the case. Here possession is not only not a strong presumption in favor of ownership; it is not even clear what possession is. (...) Possessing a thing like a hat or a shirt is a rather straightforward affair: the person wearing the hat or shirt possesses the shirt or the hat. But what is possession in the case of land? This essay seeks to provide an answer to this question in the form of an ontology of landed property. (shrink)

As an object in which property rights can be invested, land is a peculiar hybrid structure that comprehends both spatial and non-spatial aspects. Even in its purely spatial aspect land is treated differently from culture to culture, thus for example in the degree to which property rights in land are held to relate to vague or precisely delineated parcels and to portions of space above and below the surface of the earth. When we examine the non-spatial aspects of landed property, (...) however, the dimensions of variability across cultures are multiplied tremendously. The goal is to provide a general framework for comparison of different socio-legal ontologies of land. The relevance of this project turns on the fact that without land (or real estate) it is difficult (perhaps impossible) to obtain credit; without credit it is difficult for nations to develop. Thus, if land is treated in a radically different way from one nation to another, this will surely exert an effect upon the development of nations. (shrink)

In this classic analysis, Leo Strauss pinpoints what is original and innovative in the political philosophy of Thomas Hobbes.

Recent feminist philosophy of language has highlighted the ways that the speech of women can be unjustly impeded, because of the way their gender affects the uptake their speech receives. In this chapter, I explore how similar processes can undermine the speech of a different sort of speaker: Indigenous communities. This involves focusing on Indigeneity rather than gender as the salient social identity, and looking at the ways that group speech, rather than only individual speech, can be unjustly impeded. To (...) do this, I make use of the notion of ‘discursive injustice’ that has been developed by Quill Kukla, and, with reference to three case studies, show how discursive injustice can effectively derail the speech of Indigenous communities. (shrink)

Leo Strauss is known primarily for reviving classical political philosophy through careful analyses of works by ancient thinkers. As with his published writings, Strauss’s seminars devoted to specific philosophers were notoriously dense, accessible only to graduate students and scholars with a good command of the subject. In 1965, however, Strauss offered an introductory course on political philosophy at the University of Chicago. Using a conversational style, he sought to make political philosophy, as well as his own ideas and methods, understandable (...) to those with little background on the subject. Leo Strauss on Political Philosophy brings together the lectures that comprise Strauss’s “Introduction to Political Philosophy.” Strauss begins by emphasizing the importance of political philosophy in determining the common good of society and critically examining the two most powerful contemporary challenges to the possibility of using political theory to learn about and develop the best political order: positivism and historicism. In seeking the common good, classical political philosophers like Plato and Aristotle did not distinguish between political philosophy and political science. Today, however, political philosophy must contend with the contemporary belief that it is impossible to know what the good society really is. Strauss emphasizes the need to study the history of political philosophy to see whether the changes in the understanding of nature and conceptions of justice that gradually led people to believe that it is not possible to determine what the best political society is are either necessary or valid. In doing so, he ranges across the entire history of political philosophy, providing a valuable, thematically coherent foundation, including explications of many canonical thinkers, such as Auguste Comte and Immanuel Kant, about whom Strauss did not write extensively in his published writings. (shrink)

The Leo Strauss transcript project -- Editor's introduction: Strauss, Nietzsche, and the history of political philosophy -- Editorial headnote -- Introduction: Nietzsche's philosophy, existentialism, and the problem of our age -- Restoring nature as ethical principle: Zarathustra, prologue -- The creative self: Zarathustra, part 1, 1-8 -- The true individual as the highest goal: Zarathustra, part 1, 9-15 -- Postulated nature and final truth: Zarathustra, part 1, 16-22 -- Truth, interpretation, and intelligibility: Zarathustra, part 2, 1-12 -- Will to power (...) and self-overcoming: Zarathustra, part 2, 15-20 -- Summary and review: fusing Plato and the creative self -- Greek philosophy and the Bible; nature and history: Zarathustra, part 2, 20-22 -- Eternal recurrence: Zarathustra, part 2, 21; part 3, 1-13 -- Survey: Nietzsche and political philosophy -- The goodness of the whole, Socratic and Heideggerian critiques: Zarathustra, part 4-12 -- Creative contemplation: Zarathustra, part 3, 13 -- Restoring the sacred and the final question: Zarathustra, part 4. (shrink)

Leo Strauss's introductions to ten writings of Moses Mendelssohn -- Preliminary remark by Alexander Altmann -- Introduction to Pope a metaphysician! -- Introduction to "Epistle to Mr. Lessing in Leipzig" -- Introduction to Commentary on Moses Maimonides' "Logical terms" -- Introduction to Treatise on evidence in metaphysical sciences -- Introduction to Phädon -- Introduction to Treatise on the incorporeality of the human soul -- Introduction to "On a handwritten essay of Mr. de Luc's" -- Introduction to The soul -- Introduction (...) to Morning hours and to the friends of Lessing -- Introduction to God's cause, or providence vindicated. (shrink)

How common are corporate codes of ethics in the UK and especially among Britain's most admired companies? The author is Wicklander Professor of Professional Ethics at DePaul University, Chicago, and current President of the American Society for Business Ethics.

The far reaching changes in man's social and personal life taking place in our lifetime underline the need for a sound ethical evaluation of our rights and duties and of human behaviour both on the individual level and in the political society. On many issues judgments of value vary widely and a consultation of the thought of Thomas Aquinas on the basic questions will be helpful, the more since he is not only one of the greatest philosophers but also succeeded (...) in integrating in his moral philosophy the wisdom of the ancients, in particular of Aristotle and the Stoa. This book presents Aquinas's thought on such central questions as man's happiness, how to determine the morality of our actions, the natural law and the main virtues, as well as on the common good, war, human labour, love and friendship. Throughout the book the intellectual character of this moral philosophy is pointed out and problems are set in a historical perspective. (shrink)

Levinas : o la filosofía de la consolación -- Primero hay que saber vivir.

Natural right and the historical approach -- Natural right and the distinction between facts and values -- The origin of the idea of natural right -- Classic natural right -- Modern natural right : Hobbes ; Locke -- The crisis of modern natural right : Rousseau ; Burke.