Presents for the first time in English, this 1967 text which came to be known as the 'bible' of a new movement in German philosophy of language, the 'Erlanger School.' This school of linguistic philosophy's treatment of language is rooted in the tradition of transcendentalism, and bases its system on Kant and his Continental successors. For the Erlanger School, 'language is not just a fact we discover...but a human cultural accomplishment whose construction reason can and should be controlled.' An influential (...) work which will be a valuable resource for students of philosophy, particularly philosophy of language and transcendentalism. (shrink)

This paper presents five studies on the development and validation of a scale of intellectual humility. This scale captures cognitive, affective, behavioral, and motivational components of the construct that have been identified by various philosophers in their conceptual analyses of intellectual humility. We find that intellectual humility has four core dimensions: Open-mindedness (versus Arrogance), Intellectual Modesty (versus Vanity), Corrigibility (versus Fragility), and Engagement (versus Boredom). These dimensions display adequate self-informant agreement, and adequate convergent, divergent, and discriminant validity. In particular, Open-mindedness (...) adds predictive power beyond the Big Six for an objective behavioral measure of intellectual humility, and Intellectual Modesty is uniquely related to Narcissism. We find that a similar factor structure emerges in Germanophone participants, giving initial evidence for the model’s cross-cultural generalizability. (shrink)

It has long been held that humans need government to impose social order on a chaotic, dangerous world. How, then, did early humans survive on the Serengeti Plain, surrounded by faster, stronger, and bigger predators in a harsh and forbidding environment? Pirates, Prisoners, and Lepers examines an array of natural experiments and accidents of human history to explore the fundamental nature of how human beings act when beyond the scope of the law. Pirates of the 1700s, the leper colony on (...) Molokai Island, prisoners of the Nazis, hippie communes of the 1970s, shipwreck and plane crash survivors, and many more diverse groups--all existed in the absence of formal rules, punishments, and hierarchies. Paul and Sarah Robinson draw on these real-life stories to suggest that humans are predisposed to be cooperative within limits. What these "communities" did and how they managed have dramatic implications for shaping our modern institutions. Should today's criminal justice system build on people's shared intuitions about justice? Or are we better off acknowledging this aspect of human nature but using law to temper it? Knowing the true nature of our human character and our innate ideas about justice offers a roadmap to a better society. (shrink)

What is our nature? : What does government do for us, and to us? -- Cooperation : lepers & pirates -- Punishment : Drop City & the utopian communes -- Justice : 1850's San Francisco & the California gold rush -- Injustice : the Attica uprising & the Batavia shipwreck -- Survival : the Inuits of King William Land & the mutineers on Pitcairn Island -- Subversion : hellships & prison camps -- Credibility : America's prohibition -- Excess : committing (...) felony murder while asleep in bed & life in prison for an air-conditioning fraud -- Failure : getting away with murder beyond a reasonable doubt -- Collapse : Escobar's Colombia -- Taking justice seriously five proposals -- Epilogue : what are they doing now? (shrink)

This volume brings together a collection of essays, many of them scholarly classics, which form part of the debate around three questions central to criminal law theory: firstly, what conduct should be necessary for criminal liability, and what sufficient? Secondly, what culpability should be necessary for criminal liability, and what sufficient? Finally, essays consider the question of how criminal law rules should be best organized into a coherent and clarifying doctrinal structure.

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

In recent years, a number of authors have called for a return to an ethic of honour as a means of imparting virtue to military personnel. Mark Osiel, for instance, argues that ‘martial honor can be...

Official tolerance of those who have a principled objection to serving in all wars, and refuse to fight, is well established in most Western states. Conscientious objectors of this sort are excused...

In 1925, Russian philosopher Ivan Il'in published a book entitled On Resistance to Evil by Force . The book generated a bitter polemic among @migré Russian thinkers, which constitutes probably the most thorough debate on the justification of the use of force ever conducted among Russian scholars. This paper analyses Il'in's work and places it into the context of Russian history and philosophy. Il'in argued that war was sometimes necessary, but never 'just'. On occasions, the only way of fulfilling one's (...) obligation to resist evil is to fight. At such times one must do so. But one must understand that what one is doing, though necessary, is unjust, because one is always at least partially responsible for the situation which made violence necessary. While not shirking one's responsibilities, it is only by facing up to the guilt of one's deeds that one can prevent war from undermining one's moral equilibrium. This paper shows that most of those who took part in the debate provoked by Il'in's book agreed with the fundamentals of his argument. This fact illustrates that there is a distinctive Russian philosophy regarding the use of force which in important aspects differs from Western just war theory. (shrink)

In the last decade, experimental philosophers have documented systematic asymmetries in the attributions of mental attitudes to agents who produce different types of side effects. We argue that this effect is driven not simply by the violation of a norm, but by salient-norm violation. As evidence for this hypothesis, we present two new studies in which two conflicting norms are present, and one or both of them is raised to salience. Expanding one’s view to these additional cases presents, we argue, (...) a fuller conception of the side-effect effect, which can be reversed by reversing which norm is salient. (shrink)

Recent findings in experimental philosophy have revealed that people attribute intentionality, belief, desire, knowledge, and blame asymmetrically to side- effects depending on whether the agent who produces the side-effect violates or adheres to a norm. Although the original (and still common) test for this effect involved a chairman helping or harming the environment, hardly any of these findings have been applied to business ethics. We review what little exploration of the implications for business ethics has been done. Then, we present (...) new experimental results that expand the attribution asymmetry to virtue and vice. We also examine whether it matters to people that an effect was produced as a primary or side- effect, as well as how consumer habits might be affected by this phenomenon. These results lead to the conclusion that it appears to be in a businessperson’s self-interest to be virtuous. (shrink)

The book will primarily be of interest to military officers and others directly involved in ethics education in the military, as well as to philosophers and ...

Self-deception is an important construct in social, personality, and clinical literatures. Although historical and clinical views of self-deception have regarded it as defensive in nature and operation, modern views of this individual difference variable instead highlight its apparent benefits to subjective mental health. The present four studies reinforce the latter view by showing that self-deception predicts positive priming effects, but not negative priming effects, in reaction time tasks sensitive to individual differences in affective priming. In all studies, individuals higher in (...) self-deception displayed stronger positive priming effects, defined in terms of facilitation with two positive stimuli in a consecutive sequence, but self-deception did not predict negative priming effects in the same tasks. Importantly, these effects occurred both in tasks that called for the retrieval of self-knowledge (Study 1) and those that did not (Studies 2–4). This broad pattern supports substantive views of self-deception rather than views narrowly focused on self-presentation processes. Implications for understanding self-deception are discussed. (shrink)

We advance the understanding of the philosophy and psychology of curiosity by operationalizing and constructing an empirical measure of Nietzsche’s conception of inquisitive curiosity, expressed by the German term Wissbegier, (“thirst for knowledge” or “need/impetus to know”) and Neugier (“curiosity” or “inquisitiveness”). First, we show that existing empirical measures of curiosity do not tap the construct of inquisitive curiosity, though they may tap related constructs such as idle curiosity and phenomenological curiosity. Next, we map the concept of inquisitive curiosity and (...) connect it to related concepts, such as open-mindedness and intellectual humility. The bulk of the paper reports four studies: an Anglophone exploratory factor analysis, an Anglophone confirmatory factor analysis, an informant study, and a Germanophone exploratory and confirmatory factor analysis. (shrink)

This book analyses the influences of ideas of honor on the causes, conduct, and endings of wars from Ancient Greece through to the present-day war in Iraq. It does this through a series of historical case studies. In the process, it highlights both the differences and the similarities between the various eras under study, and draws conclusions about the relevance of honor to war in the modern era. Each chapter looks at a particular period in history and is divided into (...) nine sections: Honor and virtue in the relevant period; Honor and the causes of war; Honor as a motivation for fighting; Honors and rewards; Death and honor; Honor and the conduct of war; Honor and the enemy; Honor and the ending of wars; Women and honor. The book makes use of original archival research and interviews with serving military officers, as well as secondary source material. Its subject will be of interest not merely to students of military history, military ethics, security studies and international relations, and anthropology/sociology/philosophy/history of ideas. (shrink)

Professor Robinson provides a new critique of the often neglected problem of classification within the criminal law. He presents a discussion of the present conceptual framework of the law, and offers explanations of how and why formal structures do not match the operation of law in practice. In this scholarly exposition of applied criminal theory, Robinson argues that the current operational structure of the criminal law fails to take account of its different functions. He goes on to suggest (...) new sample codes of criminal conduct and criminal adjudication which mark a real departure from the pragmatic approach which presently dominates code-making. This rounded exploration of the structure of systems of criminal law is an important work for law teachers and policy makers world-wide. (shrink)

Professor Robinson provides a new critique of the often neglected problem of classification within the criminal law. He presents a discussion of the present conceptual framework of the law, and offers explanations of how and why formal structures do not match the operation of law in practice. In this scholarly exposition of applied criminal theory, Robinson argues that the current operational structure of the criminal law fails to take account of its different functions. He goes on to suggest (...) new sample codes of criminal conduct and criminal adjudication which mark a real departure from the pragmatic approach which presently dominates code-making. This rounded exploration of the structure of systems of criminal law is an important work for law teachers and policy makers world-wide. (shrink)

Having a criminal justice system that imposes sanctions no doubt does deter criminal conduct. But available social science research suggests that manipulating criminal law rules within that system to achieve heightened deterrence effects generally will be ineffective. Potential offenders often do not know of the legal rules. Even if they do, they frequently are unable to bring this knowledge to bear in guiding their conduct, due to a variety of situational, social, or chemical factors. Even if they can, a rational (...) analysis commonly puts the perceived benefits of crime greater than its perceived costs, due to a variety of criminal justice realities such as low punishment rates. These conclusions are reinforced by studies of crime rates following rule changes. Many show no change in deterrent effect. Those that purport to show a deterrent effect commonly have persuasive non-deterrence explanations, such as a change in incapacitative effect. The few studies that segregate deterrent and incapacitative effects tend to reinforce the conclusion that rule formulation has a deterrent effect only in those unusual situations in which the preconditions to deterrence exist. Even there, the deterrent effects are quite minor and unpredictable, hence inadequate grounds to influence criminal law rule making. (shrink)

Surveillance is a core function of all public health systems. Responses to the COVID-19 pandemic have deployed traditional public health surveillance responses, such as contact tracing and quarantine, and extended these responses with the use of varied technologies, such as the use of smartphone location data, data networks, ankle bracelets, drones, and big data analysis. Applying Foucault’s (1979) notion of the panopticon, with its twin focus on surveillance and self-regulation, as the preeminent form of social control in modern societies, we (...) examine the increasing levels of surveillance enacted during this pandemic and how people have participated in, and extended, this surveillance, self-regulation, and social control through the use of digital media. Consideration is given to how such surveillance may serve public health needs and/or political interests and whether the rapid deployment of these extensive surveillance mechanisms risks normalizing these measures so that they become more acceptable and then entrenched post-COVID-19. (shrink)

Criminal Law Conversations provides an authoritative overview of contemporary criminal law debates in the United States. This collection of high caliber scholarly papers was assembled using an innovative and interactive method of nominations and commentary by the nation's top legal scholars. Virtually every leading scholar in the field has participated, resulting in a volume of interest to those both in and outside of the community. Criminal Law Conversations showcases the most captivating of these essays, and provides insight into the most (...) fundamental and provocative questions of modern criminal law. (shrink)

Individuals of lower socioeconomic status display increased attentiveness to others and greater prosocial behavior compared to individuals of higher SES. We situate these effects within Pepper & Nettle's contextually appropriate response framework of SES. We argue that increased prosocial behavior is a contextually adaptive response for lower-SES individuals that serves to increase control over their more threatening social environments.

A number of articles and empirical studies over the past decade, most by Paul Robinson and co-authors, have suggested a relationship between the extent of the criminal law's reputation for being just in its distribution of criminal liability and punishment in the eyes of the community – its "moral credibility" – and its ability to gain that community's deference and compliance through a variety of mechanisms that enhance its crime-control effectiveness. This has led to proposals to have criminal (...) liability and punishment rules reflect lay intuitions of justice – "empirical desert" – as a means of enhancing the system's moral credibility. In a recent article, Christopher Slobogin and Lauren Brinkley-Rubinstein (SBR) report seven sets of studies that they argue undermine these claims of empirical desert and moral credibility and instead support SBR's proposed distributive principle of "individual prevention," a view that focuses on an offender's future dangerousness rather than on his perceived desert. -/- The idea that there is a relationship between the criminal law's reputation for justness and its crime-control effectiveness did not originate with Robinson and his co-authors. Rather, it has been a common theme among a wide range of punishment theory scholars for many decades. A particularly important conclusion of recent Robinson studies, however, is their confirmation that this relationship is a continuous one: even small nudges in moral credibility can produce corresponding changes in the community's deference to the criminal law. This is important because it shows that even piecemeal changes or changes at the margin – as in reforming even one unjust doctrine or procedure – can have real implications for crime-control. SBR's studies, rather than contradicting the crime-control power of empirical desert, in fact confirm it. Further, SBR's studies do not provide support for their proposed "individual prevention" distributive principle, contrary to what they claim. -/- While SBR try to associate their principle with the popular "limiting retributivism" adopted by the American Law Institute in its 2007 amendment of the Model Penal Code, in fact it is, in many respects, just the reverse of that principle. With limiting retributivism, the Model Code's new provision sets desert as dominant, never allowing punishment to conflict with it. SBR would have "punishment" essentially always set according to future dangerousness; it is to be constrained by desert only when the extent of the resulting injustices or failures of justice is so egregious as to significantly delegitimize the government and its law. This ignores the fact that even minor departures from justice may have an important cumulative effect on the system as a whole. What SBR propose – essentially substituting preventive detention for criminal justice – promotes the worst of the failed policies of the 1960s, where detention decisions were made at the back-end by "experts," and conflicts with the trend of the past several decades of encouraging more community involvement in criminal punishment, not less. (shrink)

Because they track the Model Penal Code, current criminal law formulations of risk offenses typically fail to distinguish the rule of conduct question—What risks does the criminal law prohibit?—from the adjudication question — When is a particular violator’s conscious disregard of, or his inattentiveness to, a risk in a particular situation sufficiently condemnable to deserve criminal liability? Instead, the formulations address only the second question — through their definition of reckless and negligent culpability — and fail to provide a rule (...) of conduct provision to define a prohibited risk. This reliance upon culpability definitions as the core of risk-creation offense definitions is problematic because it fails to announce a useable conduct rule that describes those risks the law prohibits. Instead, this approach subjectivizes the definition of prohibited risks. What may be held "reckless" or "negligent" for one person may not be "reckless" or "negligent" for another person in the identical situation — an effect that strips case adjudications of their value in educating the community as to risks that the rules of conduct prohibit. Current risk-creation offenses also are problematic because they make results — including the creation of a prohibited risk — irrelevant to criminal liability. While this is consistent with the Model Code’s view that resulting harm is insignificant, that only culpable state of mind ought to affect liability, it is inconsistent with the view of most state code drafters. Thus, while the Model Code grades offenses without regard to whether a prohibited risk in fact is created, most state codes logically would want to grade lower in the absence of a prohibited risk. These two fundamental problems—the failure to distinguish conduct rules and adjudication rules and the confusion over the significance of results — are related. The Model Penal Code’s general failure to distinguish conduct and adjudication rules made it less likely that state code drafters would notice what they would have seen as the Code’s inappropriate subjectivization of risk and risk offenses. If the Model Code had systematically segregated conduct and adjudication rules, it would have been more obvious to state code drafters that the Code’s formulation of risk-creation offenses was one that they could not accept. (shrink)

The paper criticizes criminal law scholarship for helping to construct and failing to expose analytic structures that falsely claim a higher level of rationality and coherence than current criminal law theory deserves. It offers illustrations of three such illusions of rationality. First, it is common in criminal law discourse for scholars and judges to cite any of the standard litany of "the purposes of punishment" -- just deserts, deterrence, incapacitation of the dangerous, rehabilitation, and sometimes other purposes -- as a (...) justification for one or another liability rule or sentencing practice. The cited "purpose" gives the rules an aura of rationality, but one that is, in large part, illusory. Without a principle defining the interrelation of the "purposes," nearly any rule can be justified by some "purpose of punishment." Thus, a decision maker can switch among distributive principles as needed to provide an apparent rationale for whichever rule the person prefers, even if that preference is not based on rational criteria. A second example is found in a central mechanism for determining an offenderâs blameworthiness: the use of an individualized objective standard. The widely used mechanism avoids the problems acknowledged to attend a strictly objective standard. A person's situation and capacities are central to an assessment of whether a person can be fairly blamed for a violation, and the individualized objective standard allows the decision maker to take these into account. At the same time, the mechanism avoids reversion to a completely subjective standard, which might exempt many blameworthy cases from liability. In reality, however, the mechanism only shifts the form of the problem. Codes that use the individualized objective standard fail to provide a principle by which one can determine those characteristics of an offender with which the objective standard ought to be individualized and those with which it ought not. Without a governing principle, the issue again is left to the discretion of decision makers, with no guidance as to how that discretion is to be exercised. A final illusion obscures whether the criminal justice system is, in fact, in the business of "doing justice." The "criminal justice" system imposes "punishment" and encourages moral condemnation of those found "guilty" of "crimes." But while the system cultivates its doing-justice image, it increasingly shifts to a system of essentially preventive detention, where a violator's sanction is derived more from what is needed to incapacitate him from committing future offenses than to punish him for a past offense. There are great advantages to the deception, but also serious costs and inefficiencies. The paper discusses why some illusions are more objectionable than others and what the existence of such illusions says about modern criminal law scholarship. (shrink)

Sigmund Freuds kritikere Frank J. Sulloway, Jeffrey M. Masson og Adolf Grünbaum og argumenterne mod deres kritik.

The natural experiments of history present an opportunity to test Hobbes' view of government and law as the wellspring of social order. Groups have found themselves in a wide variety of situations in which no governmental law existed, from shipwrecks to gold mining camps to failed states. Yet the wide variety of situations show common patterns among the groups in their responses to their often difficult circumstances. Rather than survival of the fittest, a more common reaction is social cooperation and (...) a commitment to fairness and justice, although both can be subverted in certain predictable ways. The absent-law situations also illustrate the dependence of social order and cooperation on a group's commitment to justice. The insights from the absent-law situations have implication for several modern criminal justice issues, including the appropriate distributive principle for criminal liability and punishment, restorative justice programs, the movement to promote non-incarcerative sanctions, transitional justice and truth commissions, the use-of-force rules under international law, the procedures for fairness in criminal adjudication, and crime-control policies in fighting organized crime and terrorism. (shrink)