ABSTRACTIn this paper I reassess the place of Plato’s Laws in the history of legal thought. The Laws has been traditionally considered to present a natural law theory of law. I argue instead that it presents a positivist account of the nature of law. Through analysis of some key passages of the Laws I argue that in that dialogue law is identified with conclusions of enkratic civic reason that may systematically conflict with precepts of substantive moral reason. I also argue (...) that in the Laws the rule of law is a precondition of a legal system but lacks inherent moral significance. For the rule of law to obtain there needs to be some compromise between the political interests of rulers and subjects which is grounded on political pragmatism and not on moral considerations. (shrink)

In comparison to the speech of the Laws, the dialectic between Crito and Socrates at the beginning of theCritohas received little attention. In this paper I argue that it contains an important philosophical message. It illustrates that the many's failure to follow Socrates' principles, like his principle of non-retaliation, is due to the intrinsic fragility of true beliefs. Though the many can understand Socrates' values and may accept his principles if he argues with them long enough, they may fail to (...) hold on to his principles when confronted with the difficulties of life. Crito's failure to deliberate Socratically at the beginning of theCritoexemplifies the many's predicament. (shrink)

In this article I propose a new interpretation of Aristotle’s arguments about the authority of the many at Politics III 11, 1281a40–b21. It consists of the following main tenets. First, the multitude that Aristotle refers to in his arguments should be understood on the model of the multitude which rules in polities and the members of which are accomplished in only a part of political excellence, namely, military excellence. Second, the best citizens with whom he compares that multitude in his (...) arguments do not possess complete political excellence but rather the highest degree of military excellence among their fellow citizens in a polity. Third, the members of that multitude are collectively superior to the best citizens in making decisions about political particulars, for example, decisions about specific policies. Fourth, their superiority can be explained by reference to the fact that they collectively possess superior experience than the best citizens, though they have individually and collectively inferior political understanding. Finally, their collective superiority in making political decisions is the outcome of the aggregation of their individual political judgements that are based on experience rather than the outcome of some form of public deliberation that enables them to grasp the political reasons which support their decisions. (shrink)

In this paper I address the issue of the normativity of instrumental rules (for example, legal rules). On the one hand, I criticize Scott Shapiro's of instrumental rule-following according to which instrumental rules have motivational clout qua rules: the agent conforms to them simplybecause they are rules. On the other, I argue for a purely epistemic account of instrumental rule-following. According to this account, instrumental rules inform the agent which action she is required to perform but do not get her (...) to act. Rather the agent is motivationally guided by the reasons for which she adopted the instrumental rules. (shrink)

What do exclusionary reasons exclude? This is the main issue I address in this article. Raz appears to endorse what I label the “motivational” model of exclusionary reasons. He stresses that within the context of his theory of practical reasoning, exclusionary reasons are reasons not to be motivated by certain first-order reasons (namely, the first-order reasons which conflict with the first-order reasons that the exclusionary reasons protect). Some of his critics take him to be committed to another model of exclusionary (...) reasons which I label the “consideration” model. According to this model exclusionary reasons are reasons not to consider or think of the conflicting first-order reasons. I argue that Raz's account of the exclusionary function of decisions suggests a third model of exclusionary reasons which I label the “reconsideration” model. In the reconsideration model, exclusionary reasons are reasons not to reconsider the balance of first-order reasons. In this article I show how the reconsideration model differs from both the motivational and the consideration model and how it can account for the exclusionary function not only of decisions but also of personal rules and authoritative directives. (shrink)

In this article I analyze the speech of the Laws in Plato’s Crito from a jurisprudential perspective. More specifically I explore the Laws’ views about the authority of law. I offer new interpretations of their famous ‘persuade or obey’ alternative and of their arguments about their superior moral status and the agreements of the citizens with them. I also explore the rather neglected topic of the mental attitude towards their authority that they demand from the citizens and conclude with a (...) discussion of their understanding of the relation between law and morality. I approach the speech of the Laws as a historian of legal thought and try to locate their arguments firmly within both the context of the ancient Athenian legal system and the context of Platonic philosophy. (shrink)

This book is the product of a major British Academy Symposium held in 2007 to mark the centenary of the birth of H.L.A. Hart, the most important legal philosopher and one of the most important political philosophers of the twentieth century. -/- The book brings together contributions from seventeen of the world's foremost legal and political philosophers who explore the many subjects in which Hart produced influential work. Each essay engages in an original analysis of philosophical problems that were tackled (...) by Hart, some essays including extended critical discussions of his major works: The Concept of Law, Punishment and Responsibility, Causation in the Law and Law, Liberty and Morality. All the main topics of Hart's philosophical writings are featured: general jurisprudence and legal positivism; criminal responsibility and punishment; theories of rights; toleration and liberty; theories of justice; and causation in the law. (shrink)

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)

In order to understand what we are talking about when we talk about joint attention, I will scrutinize how the mainstream view that builds on representational and intentionalist theories of mind is constituted. My aim is to show that much of the theory of joint attention is quite narrowly constructed and comes with tacit disciplinary biases that exclude much of what is existentially important in our practices of sharing our perceptions and guiding others to attend to the world in novel (...) ways. By using the frameworks of classical phenomenology and enactivist theories of mind, I aim to show how we, in our interactions, share our perceptions even with beings that are distinctly different from us. And, that this _difference_ in our personal worldview, our cognitive capacities, and our sensory modalities should be seen as a constitutive aspect of our practices of shared attention. I will articulate attention as a revelatory practice that aids us in discovering a shared world through the plurality, rather than similarity, of our perceptual actions. Attention is, in this sense, not solely driven by subjective intentions; it is also formed and co-constituted by my being addressed by the other. (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 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)

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)

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)

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)

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)

This study proposes that Neoplatonism, while not a modern philosophy, is philosophy in the modern sense. Lloyd analyzes the key structures that underlie the dogmas of the Neoplatonic world picture, including the concept of emanation, the return of the soul to the One, the place of mystical knowledge, epistemology, and Porphyry's theory of predication, and shows that they rest on original but intelligible concepts and arguments.

Gender dysphoria is a persistent distress about one’s assigned gender. Referrals regarding gender dysphoria have recently greatly increased, often of a form that is rapid in onset. The sex ratio ha...

Many researchers believe the tremendous industrial development over the past two centuries is unsustainable because it has led to unintended ecological deterioration. Despite the ever-growing attention sustainable supply-chain management has received, most SSCM research and models look at the consequences, rather than the antecedents or motives of such responsible practices. The few studies that explore corporate motives have remained largely qualitative, and large-scale empirical analyses are scarce. Drawing on multiple theories and combining supply-chain and business ethics literature, we purport that (...) instrumental, relational, and moral motives are behind a firm’s engagement in SSCM practices. Specifically, we examine the links between corporate motives, SSCM practices, and firm performance. Using a sample of 259 supply-chain firms in Germany, we empirically test five hypothesized relationships. Our results reveal that relational and moral motives are key drivers, and that firms exhibiting high levels of moral obligations tend to outperform those primarily driven by amoral considerations. Findings of this study contribute to multiple literatures espousing sustainability management and can help policy makers, stakeholder groups, and scholars develop more robust strategies for encouraging firms to practice SSCM. (shrink)

The current legal status and medical ethics of routine or religious penile circumcision of minors is a matter of ongoing controversy in many countries. We focus on the United Kingdom as an illustrative example, giving a detailed analysis of the most recent British Medical Association guidance from 2019. We argue that the guidance paints a confused and conflicting portrait of the law and ethics of the procedure in the UK context, reflecting deeper, unresolved moral and legal tensions surrounding child genital (...) cutting practices more generally. Of particular note is a lack of clarity around how to apply the “best interests” standard—ordinarily associated with time-sensitive proxy decision making regarding therapeutic options for a medically unwell patient—to a parental request for a medically unnecessary surgery to be carried out on the genitalia of a healthy child. Challenges arise in measuring and assigning weights to intended sociocultural or religious/spiritual benefits, and even to health-related prophylactic benefits, and in balancing these against potential physical, functional, and psychosexual risks or harms. Also of concern are apparently inconsistent safeguarding standards being applied to children based on their birth sex categorization or gender of rearing. We identify and discuss recent trends in British and international medical ethics and law, finding gradual movement toward a more unified standard for evaluating the permissibility of surgically modifying healthy children's genitals before they can meaningfully participate in the decision. (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)

This paper defends an account of forgiveness that is sensitive to recent work on anger. Like others, we claim anger involves an appraisal, namely that someone has done something wrong. But, we add, anger has two further functions. First, anger communicates to the wrongdoer that her act has been appraised as wrong and demands she feel guilty. This function enables us to explain why apologies make it reasonable to forgo anger and forgive. Second, anger sanctions the wrongdoer for what she (...) has done. This function allows us to explore the moral status of forgiveness, including why forgiveness is typically elective. (shrink)

Variable binding has long been a challenge to connectionists. Attempts to perform variable binding using localist and distributed connectionist representations are discussed, and problems inherent in each type of representation are outlined.

The Anatomy of Neoplatonism was the crowning achievement of A. C. Lloyd, the distinguished scholar of late ancient philosophy. He offers a rich and authoritative study of this school of thought, which was highly influential not only on subsequent philosophy but also on Christian theology. His discussion ranges over metaphysics, epistemology, logic, and language, and reveals the fundamental structure of Neoplatonist thought; the book is essential reading for all who work in this area. Lloyd shows that while Neoplatonism is not (...) a modern philosophy, it is indeed philosophy in the modern sense. (shrink)

Encounters with art can change us in ways both big and small. This paper focuses on one of the more dramatic cases. I argue that works of art can inspire what L. A. Paul calls transformations, classic examples of which include getting married, having a child, and undergoing a religious conversion. Two features distinguish transformations from other changes we undergo. First, they involve the discovery of something new. Second, they result in a change in our core preferences. These two features (...) make transformations hard to motivate. I argue, however, that art can help on both fronts. First, works of art can guide our attempt to imagine unfamiliar ways of living. Second, they can attract us to values we currently reject. I conclude by observing that what makes art powerful also makes it dangerous. Transformations are not always for the good, and art's ability to inspire them can be put to immoral ends. (shrink)

This book is outstandingly important for two reasons: first, because it offers a new explanation for the uniqueness of the West, and secondly because it develops in a radical way the notion of hist...

This study aims to analyze the different translations and interpretations of χώρα that appears in Chalcius’ Commentary on Timaeus, for demonstrate that all modifications of the original platonic text was introduced with the purpose to associate the Timaeus with the Old Testament. With this aim, we analyze five points: Chalcidius’s substitution of χώρα by ὕλη the relation among the space and the second genre of the being; the identity between matter and nothing; the relations among matter, intellect and necessity; and (...) the problems of the human perception. (shrink)

El objeto de este estudio es el análisis del papel y la función del fr. 241 Bernabé en la exégesis del demiurgo que aparece en el libro II del Comentario al Timeo de Proclo. Este análisis se centra en el primero de los tres demiurgo-Zeus que caracterizan el panteón de este autor, el contenido en la tríada intelectiva Cronos-Rea-Zeus, y plantea la cuestión de por qué opta por el uso de la teología órfica en lugar de la caldaica. Para responder (...) a esta pregunta, el estudio se divide en tres partes: a) el análisis de la estructura y el contenido del fr. 241 Bernabé; b) el vínculo que establece el Comentario al Timeo entre Orfeo, Pitágoras y Platón; y c) la definición que este tratado ofrece el demiurgo y su adaptación a la teología órfica. La conclusión a la que se pretende llegar es que, en este caso concreto, el uso del orfismo viene dado por la adecuación de la segunda creación al concepto de demiurgo defendido por Proclo. (shrink)

Illusions are thought to make trouble for the intuition that perceptual experience is "open" to the world. Some have suggested, in response to the this trouble, that illusions differ from veridical experience in the degree to which their character is determined by their engagement with the world. An understanding of the psychology of perception reveals that this is not the case: veridical and falsidical perceptions engage the world in the same way and to the same extent. While some contemporary vision (...) scientists propose to draw the distinction between veridical experience and illusion in terms of the satisfaction or non-satisfaction of “hidden assumptions” deployed in the course of normal perceptual inference, I argue for a different approach. I contend that there are, in a sense, no illusions – illusions are as “open” as veridical experiences. Percepts lack the kinds of intentional content that would be needed for perceptual misrepresntation. My view gives a satisfying solution to a philosophical problem for disjunctivism about the good case/bad case distinction: with respect to illusions, every "bad case" of seeing an X can be equally well construed as a "good case" of seeing some Y (different from X). -/- . (shrink)

I argue for a deflationary answer to the question, “What is it to be a woman?” Prior attempts by feminist theorists to provide a metaphysical account of what all and only women have in common have all failed for the same reason: there is nothing women have in common beyond being women. Although the social kinds man and woman are primitive, their existence can be explained. I say that human sex difference is the material ground of systems of gender; gender (...) systems serve to enable male control of female reproductive capacities. This explains the fact that most women are female, but it does not entail that all women are female or that all females are women. To clarify my position, I draw an analogy between the kind woman and the kind parent. While it is difficult to come up with necessary and sufficient conditions for being a parent, it is clear that the social institution or practice of parenting has its material ground in the biological facts about human reproduction together with facts about infantile dependency. Saying this does not entail that all and only biological progenitors are parents. (shrink)