In this long-awaited book, Antony Duff offers a new perspective on the structures of criminal law and criminal liability. His starting point is a distinction between responsibility (understood as answerability) and liability, and a conception of responsibility as relational and practice-based. This focus on responsibility, as a matter of being answerable to those who have the standing to call one to account, throws new light on a range of questions in criminal law theory: on the question of criminalisation, which can (...) now be cast as the question of what we should have to answer for, and to whom, under the threat of criminal conviction and punishment; on questions about the criminal trial, as a process through which defendants are called to answer, and about the conditions (bars to trial) given which a trial would be illegitimate; on questions about the structure of offences, the distinction between offences and defences, and the phenomena of strict liability and strict responsibility; and on questions about the structures of criminal defences. The net result is not a theory of criminal law; but it is an account of the structure of criminal law as an institution through which a liberal polity defines a realm of public wrongdoing, and calls those who perpetrate (or are accused of perpetrating) such wrongs to account. (shrink)

Historia y poesía -- Gilgamesh -- Cavafis, poeta de la historia -- Lepanto, de G.K. Chesterton.

Includes essays on parapsychology and life after death by J. B. Rhine, David Hume, George Price, Plato, Rene Descartes, Thomas Hobbes, and John Locke, among others.

In a series of influential articles, Rae Langton has argued that Austinian speech-act theory can illuminate the way in which pornography contributes to the subordination of women. I will argue that Langton’s application of Austin is incorrect. In earlier work, I have argued against Langton’s view on the grounds that being subordinated is not the sort of condition that can be brought about through an illocutionary act. In this paper, however, I will set aside that objection and focus instead on (...) Langton’s claims about the type of illocutionary act pornography might be. I will argue, first, that Langton cannot say what she wants to say about the content of pornography and still have it that pornography is a verdictive or exercitive speech act, in Austin’s sense. Verdictive and exercitive speech acts do not, and cannot describe the states of affairs they bring about. Second, I will argue that pornography does not in any case satisfy the conditions necessary for a speech act to be verdictive or exercitive. Specifically, there do not exist accepted background conventions that would give the pornographer authority to render verdicts or to take executive action. This objection to Langton’s view has been made before; I’ll show that her response to the objection betrays a confusion of authority with power. (shrink)

The present article commences analyzing the origins and influences of the religious discourse on the configuration of the modern constitutional discourse and the contributions of the jus-positivism in the consolidation of this sacred-civil language. The second issue is the definition of the U.S. Constitution as a mixed and not as a democratic constitution, with regard to the influences of Plato, Aristotle, Cicero and Polybius to the Drafters of the first modern constitutional text; stability and equilibrium took preference over democracy in (...) a wide sense. I also analyze how the Drafter’s decision has conditioned the modern constitutional system up to the present. (shrink)

The question "What can justify criminal punishment ?" becomes especially insistent at times, like our own, of penal crisis, when serious doubts are raised not only about the justice or efficacy of particular modes of punishment, but about the very legitimacy of the whole penal system. Recent theorizing about punishment offers a variety of answers to that question-answers that try to make plausible sense of the idea that punishment is justified as being deserved for past crimes; answers that try to (...) identify some beneficial consequences in terms of which punishment might be justified; as well as abolitionist answers telling us that we should seek to abolish, rather than to justify, criminal punishment. This book begins with a critical survey of recent trends in penal theory, but goes on to develop an original account (based on Duff's earlier Trials and Punishments) of criminal punishment as a mode of moral communication, aimed at inducing repentance, reform, and reconciliation through reparation-an account that undercuts the traditional controversies between consequentialist and retributivist penal theories, and that shows how abolitionist concerns can properly be met by a system of communicative punishments. In developing this account, Duff articulates the "liberal communitarian" conception of political society (and of the role of the criminal law) on which it depends; he discusses the meaning and role of different modes of punishment, showing how they can constitute appropriate modes of moral communication between political community and its citizens; and he identifies the essential preconditions for the justice of punishment as thus conceived-preconditions whose non-satisfaction makes our own system of criminal punishment morally problematic. Punishment, Communication, and Community offers no easy answers, but provides a rich and ambitious ideal of what criminal punishment could be-an ideal of what criminal punishment cold be-and ideal that challenges existing penal theories as well as our existing penal theories as well as our existing penal practices. (shrink)

The Covid-19 pandemic has had a great impact on the life of every inhabitant of the planet. During 2020 and 2021 a significant amount of work on how the pandemic is being conceptualized and communicated has been done. Most work has focused on the role of metaphor in the construal of specific cognitive frames. In this paper, we turn to a similar but different conceptualization mechanism, i.e. simile. Drawing from recent socio-cognitive and discursive empirical approaches to similes, this paper focuses (...) on “target is like source” constructions in English and Spanish containing (corona)virus either as target or source of the simile. The analysis is based on 200 examples found in the digital media during the first wave of the pandemic in 2020. First, the constructions, conceptualizations and mappings are analyzed. Second, the relevant discourse features (genre type, relation to subjectivity, text location and structuring properties) are described. Finally, the cross-linguistic English-Spanish analysis shows that, despite the many coincidences in both datasets, there are different tendencies as for the use of culture-specific mappings and the genres where the similes occur in. The study aims at testing to what extent the general features characterizing similes also hold in the case of (corona)virus, both as source and as target. The corpus analysis contributes, in addition, to the emerging line of research on the use of figuration in the communication of the pandemic, as well as to the study of the discursive dimensions of similes in real settings. (shrink)

In ”Embodiment and Epistemology,” Louise Antony considers a kind of ”Cartesian epistemology” according to which, so far as knowing goes, knowers could be completely disembodied, that is, pure Cartesian egos. Antony examines a number of recent challenges to Cartesian epistemology, particularly challenges from feminist epistemology. She contends that we might have good reason to think that theorizing about knowledge can be influenced by features of our embodiment, even if we lack reason to suppose that knowing itself varies relative to such (...) features. She also argues that a masculinist bias can result in mishandling of cognitive differences in cases where they actually exist and she examines a number of the ways in which the maleness of philosophy has, according to feminists, distorted epistemology. Even if a Cartesian approach offers one indispensable part of a comprehensive epistemology, according to Antony, we still need an epistemology that answers questions raised by our everyday, embodied lives. (shrink)

There is no consensus in the literature about the nature of terrorism. The authors’ main claim is that this is ultimately the result of the coexistence of two senses of the term, the action and the actor sense, which are not fully congruent. Rather than trying to advocate a specific conceptualization, the authors provide in this article a map of the different ways in which scholars talk about terrorism. They identify first the set of terrorist actions and the set of (...) terrorist actors. Terrorist tactics are a variety of the power to hurt, based on the lack of military power. Terrorist groups are underground ones with no territorial control. When the two criteria meet, the core of terrorism exists: coercive violence perpetrated by underground groups. The ambiguity that surrounds terrorism is caused by two other possibilities: actors with some measure of territorial control adopting coercive tactics and underground actors adopting military tactics. Although it is not possible to remove this ambiguity in empirical research, scholars can at least identify it and analyze it. The authors illustrate the two senses of terrorism and their interaction by using the most comprehensive dataset on terrorist incidents, the Global Terrorism Database. (shrink)

Given Locke’s views on primary and secondary qualities, it seems he is committed to there being real underlying properties in objects, the arrangement and disposition of which underlies and produces the observed properties of that object. It might be natural to think that these primary qualities provide a general system for classifying objects into classes: that we could delineate the real kinds of objects in nature by looking at what their real primary qualities were. A list of the particular qualities (...) of some object would define that object perfectly precisely; by looking at which properties were shared or divergent between this object and others, we group the object with others in the same kind. These real kinds in nature can play several important theoretical roles. They can support real scientific understanding, including inductive inferences (iof things are of the same real kind, then observed properties of one support the inference to unobserved properties of the other); they can form the basis for our judgements about the powers and capacities of particular objects, based on the what other things of that type can do; and these real kinds can provide the meanings for general terms: the thought being that the meanings of class names are empty without real classes to which they correspond. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Response 2: “Pessimism of the Intellect, Optimism of the Will”Antonis BalasopoulosLet me begin with a few words on my title, which was chosen as reflecting the nature of the orientation of my work in the field of utopian studies and therefore also of my orientation toward the theme of this roundtable. As Francesca Antonini puts it in a recent essay, the phrase, which became associated with the work of (...) Antonio Gramsci though it originates in Romain Rolland, describes “the (seemingly contradictory) coexistence of a realistic description of the status quo, on the one hand, and a genuine commitment to the possibility of transforming reality, on the other.”1Anyone who has read Thomas More’s Utopia knows that Rolland’s and Gramsci’s formula very much describes that book’s bifurcation between a voice of relentless critique of what exists in Europe—and particularly in England—in More’s time (in Book 1) and a voice preoccupied with the description of an alternative, and arguably better, world (in Book 2). This bifurcation, it is equally well known, is part of the genetic material More’s book bequeathed to its successors, so that one calls a “utopia” a (mostly, though not always) literary text, where the “realistic description of the status quo” coexists with a vision arising out of a “commitment to the possibility of transforming reality”—admittedly in different admixtures and proportions of [End Page 544] the critical or negative and the anticipatory, projective or prefigurative elements. Though Ernst Bloch’s distinction between “cold” and warm” streams within Marxism is not identical to this first binary, it is certainly related to it, so that the “cold” stream is one that privileges the rational and analytical element (usually, I would propose, in relation to the part of the Marxist tradition we know as “critique of political economy”), while the “warm stream” is one that rather foregrounds that which relates to affect, to desire, hope, or fidelity to the transformative project (these are frequently correlated to those elements of Marxism that correspond to its also being a political and philosophically imbued creed).2 What follows here, then, explores the implications of the dialectical interplay between these two sets of oppositions—and hopefully justifies such insistence on dialectic itself.3To the extent that I can see, the basic themes and areas of concentration in my colleagues’ essays involve decolonizing utopian studies as a project; addressing, in that connection, the heterogeneity of utopianisms that emerge out of a number of marginalized subjectivities; the provenance of the questions of ecology, sustainability, animal life for the present and future of utopian studies (and to some degree, for utopianism’s past); and finally, the question of utopian forms of social activism and therefore also the search for spaces beyond the walls of academic insularity. These are important and largely interconnected questions, but I am afraid I will only have the space to touch on them briefly and sketchily here.In her cogent and multifaceted intervention, Caroline Edwards begins her reflections on the task of decolonizing utopian studies by noting the high investment of fin-de-siècle utopian fiction in notions of industrial progress, noting that such notions have involved “lasting damage” for “Black writers, artists, and thinkers.” Within this framework, she evokes Joseph R. Winters’s argument that “modern notions of progress and freedom are inherently flawed,” since they are founded on the oppressive traditions of capitalism and colonialism. In turn, this leads to an argument against the teleological futurism of most nineteenth-century utopias and in support of the deconstruction of “the idea of historical progress unfolding in Hegelian dialectical stages.” What is to replace this is a hauntological (after Derrida) conception of the relation between the present and the past, for which “the present is always a site of potential breaks and ruptures that can signify both dislocation and pain as well as novelty and possibility.” In a similar vein, Heather Alberro questions the teleological futurism of an earlier tradition of utopia, evoking Laurence Davis’s observation on the importance of [End Page 545] “neglected or suppressed possibilities for qualitatively better forms of life” within the “Now.” The desideratum is, again... (shrink)

Con el fin de desentrañar el papel que las más actuales corrientes filosóficas desempeñan en la educación, los autores de este libro parten de un crítico análisis de los acontecimientos de mayo del 68.Se intuyen dos vías de intervención de la filosofía sobre el pensamiento y la práctica educativa: por un lado, la tendencia anti constructivista a los discursos posmodernos, sistémicos y tecnológicos ; por otro, la persistencia del humanismo asentado ahora en el intento de prolongar la modernidad" y en (...) nuevas perspectivas tales como el pacifismo y el ecologismo. (shrink)

This article analyzes the problem of preference imputation in rational choice political science. I argue against the well-established practice in political science of assuming selfish preferences for purely methodological reasons, regardless of its empirical plausibility (this I call a preference for selfish preferences). Real motivations are overlooked due to difficulties of imputing preferences to agents in a non-arbitrary way in the political realm. I compare the problem of preference imputation in economic and political markets, and I show the harmful consequences (...) of the preference for selfish preferences in the field of collective action. Key Words: rational choice theory • preference • functionalism • collective action. (shrink)

A veces se argumenta que la acción tiene primacía sobre la cau salidad. Esto se puede entender de dos maneras: que la causalidad es una proyección de la acción al ámbito natural o que la causalidad presupone un agente que actúa. Defiendo que la primera tesis es falsa y que la segun da sólo liene sentido desde una teoría realista de las causas.

A complete history of Islamic political thought from early Islam to the present Now in its 2nd edition, this textbook describes and interprets all schools of Islamic political thought, their origins, inter-connections and meaning. It examines the Qur'an, the early Caliphate, classical Islamic philosophy and the political culture of the Ottoman and other empires. It covers major thinkers such as Averroes and Ibn Taymiyya as well as a number of lesser authors, and Ibn Khaldun is presented as one of the (...) most original political theorists ever. It draws on a wide range of sources including writings on religion, law, philosophy and statecraft expressed in treatises, handbooks and political rhetoric. The new edition analyses the connections between religion and politics, covering the most recent developments in Islamic political thought and the most recent historical scholarship. It ends with a critical survey of reformism and Islamism from the late-19th century up to the present day. (shrink)

Because we need to know how clearly about our social thinking and how to resist the allure of self-deception, everyone skeptical about or confused by the findings of the social sciences will appreciate Antony Flew's crisp analysis of the methodological flaws and systematic misunderstandings corrupting their content and application. Thinking About Social Thinking seeks to establish what can and cannot be learned from such studies, indicating where good work has been ignored, or much-needed work has yet to be done. Flew's (...) clear and incisive arguments are illustrated with abundant examples and references -- many entertaining, others surprising. Flew issues a refreshing, impassioned warning against the perils of complacent, muddled thinking and false but comfortable conclusions. (shrink)

Rather than entailing that a particular outcome will occur, many scientific theories only entail that an outcome will occur with a certain probability. Because scientific evidence inevitably falls short of conclusive proof, when choosing between different theories it is standard to make reference to how probable the various options are in light of the evidence. A full understanding of probability in science needs to address both the role of probabilities in theories, or chances, as well as the role of probabilistic (...) judgment in theory choice. In this chapter, the author introduces and distinguishes the two sorts of probability from one another and attempt to offer a satisfactory characterization of how the different uses for probability in science are to be understood. A closing section turns to the question of how views about the chance of some outcome should guide our confidence in that outcome. (shrink)

The construction of content standards has become one of the most politicized processes in K-12 public education as those who determine the value of knowledge(s) also shape who retains or gains political power (Placier, Walker, & Foster, 2002; Sleeter, 2002; Heilig, Brown, & Brown, 2012). In this study, authors examine the process of crafting secondary social studies standards in the state of Missouri. Findings indicate that common sense was deployed in three areas: committee selection, standards writing, and committee decorum. As (...) a result, the standards generated through this process served to reify the neoconservative/neoliberal status quo and failed to include reference to content beyond the scope of traditional knowledge, values, and intentions of conservative social studies. Authors also call for the adoption of a critical common sense which insists that the status quo of old-fashioned common sense is challenged. (shrink)

Context is crucial in analyzing parliamentary debate, a field which has recently attracted attention from various perspectives. However, not many contributions focus on specific linguistic markers that shape and are simultaneously influenced by the context of production. The present article aims to partially fill in this gap by analyzing the demonstratives used in parliamentary debates and highlighting how they contribute to activating different aspects of context. After summarizing the features of parliamentary debate as a genre and the importance and complexity (...) of context considered as a subjective and dynamic mental construct, the pragmatic functions of demonstratives are presented and the most frequent uses occurring in two debates in the Catalan Parliament are illustrated, namely text deictic and discourse-context demonstratives. The analysis shows the discourse significance of the latter, which corresponds to noun phrases such as this Parliament, referring to the members of parliament as a body, or this statement, referring to the document under discussion. These uses of a proximal demonstrative pointing to the shared context of communication clearly differ from text deictics. They are similar to but also different from both situational demonstratives, which point to the perceived context, and recognitional demonstratives, which point to the shared knowledge between the participants, the penultimate. The overall analysis not only enriches the description of parliamentary debates, but it also contributes to a more complete description of the various uses of demonstratives and to a better understanding of the complexity and dynamicity of context in this genre. (shrink)

Does the unconscious exist? Cultural critic Antony Easthope answers with a witty, lucid, informed "yes" and draws out its implications for the way we live, how we enjoy art, and how we think about people in society and history. Drawing on the writings of Freud and Lacan, he argues that the study of the unconscious is a way of analyzing meanings across culture as an effect of desire. Easthope tests for unconscious significance in an amazing variety of examples, including jokes, (...) Tampax advertisements, Hamlet , Hitchcock's Psycho , the life and death of Princess Di, Terminator 2 , Bob Geldof's autobiography, and the film Titanic. (shrink)

Recently, several philosophers have argued that there is a political necessity to alter certain important concepts, such as WOMAN, in order to give us better tools to understand and change oppressive conditions. I argue that conceptual change of this sort is impossible. But I also argue that it is politically unnecessary – we can effect progressive change using the same old concepts we've always had.

Reasoning from inconclusive evidence, or ‘induction’, is central to science and any applications we make of it. For that reason alone it demands the attention of philosophers of science. This Element explores the prospects of using probability theory to provide an inductive logic, a framework for representing evidential support. Constraints on the ideal evaluation of hypotheses suggest that overall support for a hypothesis is represented by its probability in light of the total evidence, and incremental support, or confirmation, indicated by (...) an increased probability given the evidence than otherwise. This proposal is shown to have the capacity to reconstruct many canons of the scientific method and inductive inference. Along the way, significant objections are discussed, such as the challenge from inductive scepticism and the objection that the probabilistic approach makes evidential support arbitrary. (shrink)

El presente artículo parte de la necesidad de reflexionar sobre la experiencia de lo nuevo en la historia humana y encuentra en el pensar heideggeriano sobre el comienzo y sobre el otro comienzo, en particular, un camino reflexivo que permite sincerar dicha experiencia. A partir del análisis de la relación íntima entre el otro comienzo y el primer comienzo, se mostrará una especie de “identidad” entre el acabar y el comenzar, lo que nos confrontará con el concepto de la contradicción, (...) desde la historia pensada por Heidegger. En función de la crítica y de la finalización de la metafísica, se pensará en el lugar de la contradicción en la historia del ser y se subrayará la tensión entre el pensar lógico y la mostración de este. Ello nos conducirá, finalmente, a destacar a la historia como un comenzar permanente, antes que como un proceso atravesado por la innovación y el progreso. (shrink)

Ferlosio explica que los ritos protegen los límites y que nos defienden de lo que está más allá de la frontera, de lo desconocido. La ritualización académica también. ¿Cuál sería hoy en 2022 el límite del que los mandarines de la academia nos protegen al esconderlo y que los saberes humanísticos nos revelan? El límite de la utilidad y del interés. A partir del más acá de la crítica aristotélica a lo interesado, miraremos al más allá de la identidad, de (...) la patria y del argumento, de la mano de un asceta laico que agitó la tiniebla antes de usarla: Rafael Sánchez Ferlosio. (shrink)

This article pretends to provide a reading of the Seventh Letter focused on the role that medical terminology plays in it. Leaving aside the unsolvable enigma of Plato’s authorship, the letter shows evident connections with fundamental topics from the “last” Plato, particularly in its political aspects. In many passages of the Seventh Letter, the figure of the philosopher as an educator appears covered with medical aspects, and the political situation is defined as a pathology that we must treat according to (...) a therapeutic methodology. (shrink)