Criminal law commonly requires judges and juries to decide whether defendants acted reasonably. Nevertheless, issues of reasonableness fall into two distinct categories: (1) where reasonableness concerns events and states, including risks of which an actor is conscious, that can be justly assessed without regard to the actor’s individual traits, and (2) where reasonableness concerns culpable mental states and emotions that cannot justly be assessed without reference to the actor’s capacities. This distinction is significant because, while the reasonable person by which (...) category-1 cases are assessed is a disembodied and impersonal ideal that consists of nothing but the uncompromising values of the jurisdiction, the reasonable person by which category-2 cases are measured must necessarily incorporate some of an actor’s individual traits or risk blaming the blameless. Courts and commentators have thus far approached the task of individualizing or subjectivizing reasonableness in category 2 by trying to determine in advance which individual traits are generally relevant and which are not. I propose an alternative approach that, in addition to applying to negligence and voluntary manslaughter cases alike, derives its content from the social practice of blaming. I propose that a reasonable person in category-2 cases consists of every physical, psychological, and emotional trait an actor possesses, with one exception—the exception being that he possesses proper respect for the values of the people of the state as reflected and incorporated in the statute at hand. (shrink)

Courts and commentators have struggled for years to identify rules to explain and justify certain widely-shared intuitions about impossibility attempts, and they have proposed rules variously based upon (1) what mistakes actors make, (2) what intentions actors possess, and (3) what conduct actors perform. None of the proposals fully succeeds, however, and none is able to explain the widely-shared intuition, which underlies Sandy Kadish's inventive hypothetical regarding Mr. Law and Mr. Fact, that some attempts based upon mistakes of law are (...) just as blameworthy as attempts based upon mistakes of fact. I propose an alternative rule that, I believe, not only explains where and why people possess widely-shared intuitions regarding impossibility attempts (including regarding Mr. Law and Mr. Fact), but also explains where and why people have conflicting intuitions. I argue that widely-shared intuitions of blameworthiness and non-blameworthiness regarding impossibility attempts are a function, respectively, of whether informed citizens of the jurisdiction that enacted the statutory offense that the defendant allegedly attempted to commit widely believe or disbelieve that he would have been a threat to interests that the statute seeks to protect - a determination, in turn, that is a function of whether they widely believe or disbelieve that he would have committed the offense under counterfactual circumstances that they fear could have obtained. (shrink)

Criminal law scholars approach legality in various ways. Some scholars eschew over-arching principles and proceed directly to one or more distinct “rules”: (1) the rule against retroactive criminalization; (2) the rule that criminal statutes be construed narrowly; (3) the rule against the judicial creation of common-law offenses; and (4) the rule that vague criminal statutes are void. Other scholars seek a single principle, i.e., the “principle of legality,” that they claim underlies the four rules. In contrast, I believe that both (...) approaches are misguided. There is no such thing as a single “principle of legality;” yet, the four aforementioned rules are not unrelated to each other. The so-called “principle of legality” consists of two distinct norms that derive, respectively, from two fundamental principles of criminal justice, viz., the principle, “No person shall be punished in the absence of a bad mind,” and the principle that underlies the maxim, “Every person is presumed innocent until proven guilty.” The first norm of legality explains the rules regarding ex post facto legislation, and rules regarding “notice” and “fair warning” of judicial decisions. When a person is punished for violating a rule that was non-existent or unclear at the time he acted, he is punished for conduct that the state now condemns and seeks to prevent by means of penal sanctions. Accordingly, at the time the person is prosecuted, his claim is not that he did not do anything that the state regards as wrong, but, rather, that he neither knew nor should have known that he was doing something that the state would come to regard as wrong. He ought, indeed, to be excused for his mistake, but only because of a principle that is common to excuses generally: “No person ought to be punished in the absence of a guilty mind.” He should be excused because even when a person does something the state condemns and seeks to prevent, he ought not to be blamed for it unless he was motivated in a certain way, namely, by an attitude of disrespect for the legitimate interests of the political community by whose norms he is bound.The second norm of legality informs several of the remaining rules, though not all of them. The second norm is that a person ought not to be punished in the name of a political community unless it can confidently be said that the community officially regards his conduct as warranting the criminal punishment at issue. It is a norm that is most commonly associated with the rule of lenity, but it is not confined to the construction of statutes that are ambiguous or vague. It can also be also violated when a person is punished for violating a statute that has fallen into desuetude, regardless of how widely promulgated or narrowly defined the statute may be. This second norm derives from a principle that also underlies the presumption of innocence - the only difference being that the presumption of innocence is a preference for acquittal in the event of uncertainty regarding the facts which an actor is charged, while the second norm of legality is a preference for acquittal in the event of uncertainty regarding the scope of the offense which he is charged.Nevertheless, one “rule” remains that this analysis throws into question - namely, the rule that “vague” criminal statutes are void. Criminal statutes are sometimes so broadly defined that they do, indeed, infringe constitutionally protected rights of speech, movement, etc. - in which event they ought to be invalidated on those very grounds. And criminal statutes are sometimes so broadly drafted that, before applying them, courts ought to construe them to apply only to constitutionally unprotected acts that courts can confidently say the relevant political community regards as warranting punishment. But once statutes are so construed to apply only to constitutionally unprotected conduct, courts have no further reason to invalidate them on grounds of “vagueness.” Lack of “notice” is no reason to invalidate them because, with respect to the narrowly defined conduct such statutes are construed to prohibit, “common social duty” alone ought to alert actors that their conduct is suspect. (shrink)

The doctrine of transferred intent (or transferred “malice” in England) generally provides that if A attempts to harm B but, because of bad aim, misses and accidentally causes the same harm to befall C, A’s harmful intent vis-à-vis B is transferred to C, thus rendering A guilty of intentionally harming C. Commentators acknowledge the doctrine to be a legal fiction, but they differ regarding whether the fiction produces just results, some believing it does, others believing that A is guilty at (...) most of attempting to harm B rather than intentionally harming C. Commentators who agree that the fiction produces just results nevertheless differ regarding whether the fiction should be retained or whether A’s intent to harm “a” person, in this case, B, is the only intent that signifies for crimes of intentional harm, regardless of whom A eventually harms. Doug Husak sought to achieve reflective equilibrium between intuition and theory regarding bad-aim cases by proposing in 1996 that A be punished for attempting to harm B (rather than for harming C) but sentenced as if he had harmed B. I once believed that Husak was correct. But I now have doubts, in part because Husak, along with others, cannot explain why the strength of people’s intuitions regarding A’s responsibility in bad-aim cases depends upon (1) C’s being a reasonably foreseeable victim, and (2) C’s being harmed by the same threat of force that A initially unleashed against B. I argue that one cannot achieve reflective equilibrium in bad-aim cases without inquiring into why resulting harm matters in criminal law, and that when one does, one discovers that just as people’s intuitions regarding whether intentional harms are proximate depend upon how resulting harms occur, so, too, people’s intuitions regarding whether an actor is guilty of intentional harm depend upon how resulting harm comes about. (shrink)

Legal scholars have tended to focus upon whether blackmail is paradoxical rather than upon its substance. In actuality, federal and state blackmail laws vary considerably in their elements and defenses. After defining what I mean by blackmail, I discuss how jurisdictions frame prohibitions against blackmail in relation to prohibitions against theft, larceny, extortion, threats, coercion and intimidation; how extensively jurisdictions elect to prohibit blackmail; what, if anything, jurisdictions regard as defenses to blackmail; and how harshly or mildly jurisdictions penalize blackmail. (...) I conclude by discussing the paradox of blackmail, including recent scholarly efforts by philosophers and legal scholars to resolve it. (shrink)

From the American Law Institute to college campuses, there is a renewed interest in the law of rape. Law school faculty, however, may be reluctant to teach this deeply debated topic. This article begins from the premise that controversial and contested questions can be best resolved when participants understand the conceptual architecture that surrounds and delineates the normative questions. This allows participants to talk to one another instead of past each other. Accordingly, in this article, we begin by diffusing two (...) non-debates: the apparent conflict created when speakers use “consent” to mean two different things and the question of whether rape law ought to be formulated in terms of consent or force. From here, we turn to the conceptual apparatuses that surround the normative questions of freedom from force, knowledge, and capacity. Here, we suggest how better understanding these concepts can frame the underlying discussions as to what sorts of coercion undermine consent, what kinds of deception invalidate consent, and when the victim is too incapacitated to consent. Finally, we turn to different formulations of consent, demonstrating that one conception better captures the harm of rape but that other formulations may better protect victims. We show how clarifying these questions allows discussants to see why different formulations are valuable and to debate the best all-things-considered formulation. Although this article is framed as a question of how to think like lawyers about rape, its ambition is to set forth a framework that is useful to reformers as well. (shrink)

Commentators have contested the role of resulting harm in criminal law since the time of Plato. Unfortunately, they have neglected what may be not only the best discussion of the issue, but also the first - namely, Plato's one-paragraph discussion in the "Laws." Plato's discussion succeeds in reconciling two, seemingly irreconcilable viewpoints that till now have been in stalemate. Thus, Plato reconciles the view, that an offender's desert is solely a function of his subjective willingness to act in disregard of (...) the legitimate interests of others, with the view that criminal sentences can appropriately be made to depend upon how indignant, angry, and upset society is at an offender based upon the results of his culpable conduct. In doing so, Plato casts light on retributive theories of punishment by suggesting that an adjudicator can be committed to retribution and yet rightly believe that it is inappropriate to give an offender the full punishment he deserves. He also lays a basis for the view that causation, rather being predicates for the just punishment of offenders toward whom the public is intuitively angry for harm, is the consequence of the public's being intuitively angry at offenders for harm. (shrink)

Zu den kulturgeschichtlich interessantesten und textgeschichtlich gefährlichsten gehören Veränderungen im System des Datenträgers, um einen ganz modernen Ausdruck zu verwenden. Die Geschichte der europäischen Literatur hat mehrere Perioden aufzuweisen, in denen sich grundlegende Änderungen dieser Art vollziehen: der Übergang von der Rolle zum Buch-Codex im 4. Jahrhundert, bei der sich der materielle Träger, aber nicht (unmittelbar) die Schriftform ändert, die Umschrift von der Majuskel in die Minuskel (bei unterschiedlichen Ausgangspunkten in Byzanz und im Westen im 9. und den folgenden (...) Jahrhunderten), wobei der Codex als Träger unverändert blieb, die Einführung des Buchdrucks und schließlich die elektronische Speicherung von Texten und ihre beliebige Weiterverarbeitung, deren Bedeutung und Folgen erst spätere Generationen beurteilen und einschätzen können. (shrink)

Why has the global West (North America, Europe) handled the covid-19 pandemic and the corresponding economic crisis so much worse than the global East (East Asia)? The crises demonstrate the degree to which the West is shaped by its forms of competition and the East by its forms of cooperation. In the West, we have become habitualised to American neoliberalism over the last two generations. In the East, varieties of neo-Confucianism and neo-Buddhism have been transformed into national cultures. The way (...) humans understand their position in the world intellectually and react to crises according to corresponding habit makes an effective difference. The present comparison between global East and West makes use of Hannah Arendt’s conception of politics and the shared world as well as of Helmuth Plessner’s conception of mediated immediacy in forms of modern biopower. The pandemic is a catalyst within the decline of the West and the rise of the East. (shrink)

Militärtechnisch könnte der Westen (und sogar Deutschland alleine) einen Krieg gegen den Islamischen Staat (IS) gewinnen; aber es wäre ein weiterer Pyrrhussieg über radikale Kräfte unter islamischer Flagge. Wenn wir uns für die Folgen unseres Nichtstuns verantwortlich fühlen sollen, dann sind wir erst recht verantwortlich für die fatalen Neben-, Spät- und Langzeitfolgen unserer Interventionen im Nahen Osten : Die Region ist voller Waffen (die zum erheblichen Teil von uns stammen) und voller Fanatiker, die auch wegen unserer Anwesenheit immer neu (...) radikalen Zulauf finden. Nach all diesen entmutigenden Erfahrungen sollten wir uns eingestehen, dass wir uns überschätzt haben und gescheitert sind. Um der Konfrontation auf lange Sicht ein Ende zu bereiten, sollten wir aus der Region vollständig abziehen, keine Waffen liefern – und in der muslimischen Welt um Entschuldigung für unsere vormalige Hybris bitten. Der Frieden im Nahen Osten muss von den dort Wohnenden selber gefunden werden. (shrink)

This reissue of his collection of early essays, Logico-Linguistic Papers, is published with a brand new introduction by Professor Strawson but, apart from minor ...

Despite technological innovations, clinical expertise remains the cornerstone of psychiatry. A clinical expert does not only have general textbook knowledge, but is sensitive to what is demanded for the individual patient in a particular situation. A method that can do justice to the subjective and situation-specific nature of clinical expertise is ethnography. Effective deep brain stimulation (DBS) for obsessive-compulsive disorder (OCD) involves an interpretive, evaluative process of optimizing stimulation parameters, which makes it an interesting case to study clinical expertise. The (...) aim of this study is to explore the role of clinical expertise through an ethnography of the particular case of DBS optimization in OCD. In line with the topic of the special issue this article is a part of, we will also use our findings to reflect on ethnography as a method to study complex phenomena like clinical expertise. This ethnography of DBS optimization is based on 18 months of participant observation and nine in-depth interviews with a team of expert clinicians who have been treating over 80 OCD patients since 2005. By repeatedly observing particular situations for an extended period of time, we found that there are recurrent patterns in the ways clinicians interact with patients. These patterns of clinical practice shape the possibilities clinicians have for making sense of DBS-induced changes in patients’ lived experience and behavior. Collective established patterns of clinical practice are dynamic and change under the influence of individual learning experiences in particular situations, opening up new possibilities and challenges. We conclude that patterns of clinical practice and particular situations are mutually constitutive. Ethnography is ideally suited to bring this relation into view thanks to its broad temporal scope and focus on the life-world. Based on our findings, we argue that clinical expertise not only implies skillful engagement with a concrete situation but also with the patterns of clinical practice that shape what is possible in this specific situation. Given this constraining and enabling role of practices, it is important to investigate them in order to find ways to improve diagnostic and therapeutic possibilities. (shrink)

A complete system of classical Aristotelian logic intended for honors high school and college.

Ohne Rücksicht auf disziplinäre Schranken bringt dieses Buch verschiedene nicht-reduktionistische Lerntheorien miteinander ins Gespräch. In einem offenen Diskurs, der die Konzepte zueinander in Beziehung setzt, werden die unterschiedlichen Perspektiven kritisch abgewogen und hinsichtlich ihrer Stärken und Schwächen diskutiert.

Delo se loteva vprašanja aktualnosti pojma subjekta v filozofiji in politiki skozi analizo tistih avtorjev, ki so ga domnevno najbolj radikalno pokopali: pokaže, da vznik radikalno novega in problematika subjekta zavzema osrednje mesto v Deleuzovi filozofiji, kakor tudi v Lyotardovi pozni misli posvečeni praznini, v Foucaultovi obravnavi biopolitike in biooblasti, v delu Negrija in Hardta o Imperiju, ter nazadnje v Badioujevi predelavi temeljnih filozofskih kategorij biti, resnice in subjekta, na osnovi katerih je dandanes znova možna renesansa filozofije. Ta ima po (...) Badiouju štiri razsežnosti, ki se v delu Vznik subjekta nenehno prepletajo: »V osnovi želja filozofije implicira razsežnost upora: ni filozofije brez nezadovoljstva mišljenja v njegovem soočenju s svetom, kakršen je. Pa vendar želja filozofije vključuje tudi logiko: to je, prepričanje v moč argumenta in uma.«. (shrink)

The relationship of part to whole is one of the most fundamental there is; this is the first and only full-length study of this concept. This book shows that mereology, the formal theory of part and whole, is essential to ontology. Peter Simons surveys and criticizes previous theories, especially the standard extensional view, and proposes a more adequate account which encompasses both temporal and modal considerations in detail. 'Parts could easily be the standard book on mereology for the next (...) twenty or thirty years.' Timothy Williamson, Grazer Philosophische Studien. (shrink)

In this short but meaty book, Peter Unger questions the objective answers that have been given to central problems in philosophy. As Unger hypothesizes, many of these problems are unanswerable, including the problems of knowledge and scepticism, the problems of free will, and problems of causation and explanation. In each case, he argues, we arrive at one answer only relative to an assumption about the meaning of key terms, terms like "know" and like "cause," even while we arrive at (...) an opposite answer relative to quite different assumptions, but equally arbitrary assumptions, about what the key terms mean. (shrink)

Narrative thinking -- Narrative thinking about one's past -- Grief : a case study -- Narrative thinking about one's future -- Self-forgiveness : a case study -- The narrative sense of self -- Narrative, truth, life, and fiction.

While Hermann Levin Goldschmidt didn’t read Yiddish anarchists, there seems to have been a convergent evolution in their thinking. Goldschmidt’s looking up to Jewish lore as a source of liberating creativity is commonly encountered in Yiddish anarchist texts. His view of action as a constant response to internal and external challenges in the struggle for an open future is developed by Isaac Nachman Steinberg on the basis of nineteenth-century vitalism. Goldschmidt’s theory of anarchist individualism as willed self-limiting solidarity has a (...) compelling parallel in Hillel Solotaroff’s view of history. His use of impressionism and photography to eternalize the immediacy of human actuality is akin to Rudolf Rocker’s championing of decadent literature. In both cases, the goal of anarchism is not a dictatorship of the former downtrodden, but a continuous and contradictory evolution of freedom in ever-changing contexts. (shrink)

Metz holds that we can use African communal ethics to constitute global economic practices such as appropriation, production, distribution and consumption in such a way that promotes harmonious relations. In this article, I will show that Metz’s reformist approach to constituting the global economic practices is problematic as it fails to deal with the fundamental problem that pertains to a racialised world order that is structurally configured by coloniality of being. I will show that reformist approaches such as Metz’s use (...) of African communal ethics to constitute global economic practices in a way that promotes harmonious relations are undesirable attempts that are opposed and curtailed by a structural racialised logic/ontology of the world that governs and supervises the evolution of the world economic structures and practices in a way which undermines harmonious relations and in a way which causes economic marginalisation and impoverishment of historically disadvantaged indigenous Africans. (shrink)

The norm of assertion, to be in force, is a social norm. What is the content of our social norm of assertion? Various linguistic arguments purport to show that to assert is to represent oneself as knowing. But to represent oneself as knowing does not entail that assertion is governed by a knowledge norm. At best these linguistic arguments provide indirect support for a knowledge norm. Furthermore, there are alternative, non-normative explanations for the linguistic data (as in recent work from (...) Van Elswyk). Direct arguments would rely on normative judgments about the permissibility or impermissibility of assertions with and without the speaker knowing the content asserted. John Turri's work experimental results purport to show that our norm of assertion is factive, and probably knowledge. But as a number of recent experimentalists (Kneer, Reuter and Broessel, Marsili and Wiegmann) have shown, Turri's results rely on the problemmatic use of 'should' as in 'Maria should assert that she owns a 1990 watch.' Correcting for this, these experimentalists provide strong evidence that our norm of assertion is not factive. The standard reply to evidence like this from the assertion of unlucky falsehoods is the excuse maneuver. But Marsili and Wiegmann, following Turri's protocol for testing for excuse validation, show that participants who judge that assertions unlucky falsehoods are permissible are not guilty of excuse validation. Given our current understanding of the experimental evidence, knowledge is not our norm of assertion. (shrink)

Abstractabstract:Karl Marx’s acerbic observation in the opening lines of The Eighteenth Brumaire that “all facts and personages of great importance in world history occur the first time as tragedy, the second as farce” may be profitably applied to a reconsideration of literary farce sui generis, a genre represented in this article by a long-neglected work of utopian fiction, Archibald Marshall’s Upsidonia (1915). Although Upsidonia’s current disregard is arguably undeserved, the article’s chief interest is not to reclaim the novel on aesthetic (...) grounds but to illuminate the mechanics of what Marx would call its “serious buffoonery.” In its persistent reversal of capitalist principles and relations, Upsidonia naturally invites readers to revisit Marx, whose mordant gambit may serve as a key to Marshall’s own farcical plot and praxis, rooted in return and repetition, the essential maneuvers of farce itself. (shrink)

Philosophy of music has flourished in the last thirty years, with great advances made in the understanding of the nature of music and its aesthetics. Peter Kivy has been at the center of this flourishing, and now offers his personal introduction to philosophy of music, a clear and lively explanation of how he sees the most important and interesting philosophical issues relating to music. Anyone interested in music will find this a stimulating introduction to some fascinating questions and ideas.

This introduction by leading scholar Peter Trawny is the first to tackle the Black Notebooks, whose recent publication revealed the extent of Heidegger's anti-Semitism. Trawny directly confronts the most problematic aspects of Heidegger's thought, also fully surveying his work, from early writings to his magnum opus, Being and Time.

Morality and economic rationality: integrative economic ethics as the rational ethics of economic activity; Part II. Reflections on the Foundations of Economic ...

This introduction to mathematical logic starts with propositional calculus and first-order logic. Topics covered include syntax, semantics, soundness, completeness, independence, normal forms, vertical paths through negation normal formulas, compactness, Smullyan's Unifying Principle, natural deduction, cut-elimination, semantic tableaux, Skolemization, Herbrand's Theorem, unification, duality, interpolation, and definability. The last three chapters of the book provide an introduction to type theory (higher-order logic). It is shown how various mathematical concepts can be formalized in this very expressive formal language. This expressive notation facilitates proofs (...) of the classical incompleteness and undecidability theorems which are very elegant and easy to understand. The discussion of semantics makes clear the important distinction between standard and nonstandard models which is so important in understanding puzzling phenomena such as the incompleteness theorems and Skolem's Paradox about countable models of set theory. Some of the numerous exercises require giving formal proofs. A computer program called ETPS which is available from the web facilitates doing and checking such exercises. Audience: This volume will be of interest to mathematicians, computer scientists, and philosophers in universities, as well as to computer scientists in industry who wish to use higher-order logic for hardware and software specification and verification. (shrink)