The exploration of penal censure in this book is inspired by the fortieth anniversary in 2016 of the publication of Andreas von Hirsch's Doing Justice, which opened up a fresh set of issues in theorisation about punishment that eventually led von Hirsch to ground his proposed model of desert-based sentencing on the notion of penal censure. Von Hirsch's work thus provides an obvious starting-point for an exploration of the importance of censure for the justification of punishment, both within von Hirsch's (...) theory of just deserts and from the perspectives of other theoretical approaches. It also provides an opportunity for engaging with censure more broadly from philosophical, sociological-anthropological and individual-psychological perspectives. The essays in this collection map the conceptual territory of censure from these different perspectives, address issues for desert theory that arise from fuller understandings of censure, and consider afresh the role of censure within the jurisprudence of punishment. They show that analyses of censure from different vantage points can significantly enrich punishment theory, not least by providing a conceptual basis for perceiving common ground between and thus connecting different strands of penal theory. (shrink)

This book considers the way that Cesare Beccaria's slim 1764 volume On Crimes and Punishments influenced policy developments worldwide and over decades, if not centuries, after its publication. For those who turn to Beccaria's work today, the encounter is shaped by that knowledge. Appreciative of his book's dual nature as historical document and repository of ideas, the contributions in this collection address different aspects of the criminal justice theory Beccaria offered his readers and face up to methodological questions raised by (...) meeting a historical text of this kind - unsystematic and by modern standards often under-argued - with modern scholarly conventions in mind. Contributions in the first part of the book engage with Beccaria's 'political theory of criminal justice' through the lenses of political and penal philosophy. How do we get from Beccaria's blending of social-contractarian foundations and proto-utilitarian policy analysis to the concrete set of criminal justice practices Beccaria presents as justified? This leads across to the second part where contributors approach Beccaria's ideas with present-day reforms and developments in mind. Many of his policy proposals and arguments remain significant from our contemporary perspective, their limitations and omissions proving as instructive for the contemporary scholar as their more prescient elements. The third part offers those looking at Beccaria's work today a glimpse into the practical difficulties facing the firebrand author turned public servant during his long career in the Habsburg-Lombardian administration. It puts his work into the broader context of pathways to criminal justice reform in northern Italy, Habsburgian Lombardy, and the Austro-Hungarian Empire in Beccaria's day. (shrink)

If conduct must be wrongful in order to be justifiably criminalised, how should its wrongfulness be established? I examine a conception of wrongfulness put forward by A. P. Simester, which makes wrongfulness turn on whether the reasons favouring the performance of an action are, all things considered, defeated by the reasons against its performance. I argue that such a view can only generate appropriate substantive constraints in the context of criminalisation if it can distinguish between the sorts of reasons that (...) a verdict of wrongfulness, as a concept distinct from stupidity or selfishness, should attend to, and the sorts of reasons it should leave out. Assuming that this conception of wrongfulness should operate as a constraint on criminalisation in a liberal-democratic state, the only reasons it should include are other-regarding reasons. What matters is whether the agent commits an other-regarding wrong. This conception of wrongfulness helps us further to resolve fundamental questions concerning mala prohibita and the legitimate reach of any duty to obey the law. (shrink)

If conduct must be wrongful in order to be justifiably criminalised, how should its wrongfulness be established? I examine a conception of wrongfulness put forward by A. P. Simester, which makes wrongfulness turn on whether the reasons favouring the performance of an action are, all things considered, defeated by the reasons against its performance. I argue that such a view can only generate appropriate substantive constraints in the context of criminalisation if it can distinguish between the sorts of reasons that (...) a verdict of wrongfulness, as a concept distinct from stupidity or selfishness, should attend to, and the sorts of reasons it should leave out. Assuming that this conception of wrongfulness should operate as a constraint on criminalisation in a liberal-democratic state, the only reasons it should include are other-regarding reasons. What matters is whether the agent commits an other-regarding wrong. This conception of wrongfulness helps us further to resolve fundamental questions concerning mala prohibita and the legitimate reach of any duty to obey the law. (shrink)

What responsibilities, if any, do we have towards our genetic offspring, before or after birth and perhaps even before creation, merely by virtue of the genetic link? What claims, if any, arise from the mere genetic parental relation? Should society through its legal arrangements allow 'fatherless' or 'motherless' children to be born, as the current law on medically assisted reproduction involving gamete donation in some legal systems does? Does the possibility of establishing genetic parentage with practical certainty necessitate reform of (...) current legal regimes of parenthood? And what limits, if any, should we set on parental procreative choices in the interests of future children, particularly with regard to genetic engineering and related techniques? These are the questions explored in this book by some of the foremost legal, bioethical and biomedical thinkers. Assembled with a view to assisting the reader to reflect critically on the ongoing social experiment which medically assisted reproduction is today, the essays in this collection highlight what are - and what else might in the nearby future become - possible reproductive options and respond to the difficulties we encounter in assessing these practices and possibilities from our traditional ethical vantage points. Contributions by: Andrew Bainham, Thomas Baldwin, Lisa Bortolotti, John Harris, Martin H. Johnson, Judith Masson, Martin Richards, Alison Shaw, Sally Sheldon, Bonnie Steinbock and Mary Warnock. (shrink)

Review of Du Bois, Francois and Antje du Bois-Pedain (eds.) Justice and Reconciliation in Post-Apartheid South Africa (Cambridge: Cambridge University Press, 2008).

This paper responds to Antje du-Bois Pedain’s discussion of the wrongfulness constraint on the criminal law. Du-Bois Pedain argues that the constraint is best interpreted as stating that φing is legitimately criminalised only if φing is wrongful for other-regarding reasons. We take issue with du-Bois Pedain’s arguments. In our view, it is neither a necessary nor sufficient condition of legitimate criminalisation that φing is wrongful in du-Bois Pedain’s sense. Rather, it is (...) a necessary condition of legitimate criminalisation that φing is what we call bare wrongful —that is, that the reasons in favour of φing are defeated by the reasons against. Though du-Bois Pedain is critical of this view, we argue that her criticisms do not convince. (shrink)

In the recently published collection, Criminal Law and the Authority of the State, two contributions allude to an analogy with parental authority as a means to a better understanding of the institution of criminal punishment, but reach different conclusions. Malcolm Thorburn uses the parental authority analogy to justify the institution of state punishment as an assertion of robust authority over offenders. Antje du Bois-Pedain uses the same analogy to advocate the idea of punishment as an inclusionary practice, (...) designed to reintegrate offenders into society. I argue that Thorburn’s theory of robust authority is inconsistent if not self-contradictory when it tries to assume a liberal posture, and that du Bois-Pedain’s reintegrative model provides a better account of the justification and objectives of state punishment. (shrink)

Die Studie untersucht Gottesbilder von Kindern und Jugendlichen. Im Zentrum stehen Zeichnungen von Sechst- und Zehntklässlern, die Brüche und Spannungen enthalten. Ungewohnte Darstellungen kommen zum Vorschein: Gott nimmt beispielsweise eine Auszeit, er beschützt und überwacht die Welt oder er erscheint als Fata Morgana. Die Untersuchung orientiert sich methodologisch an der dokumentarischen Bild- und Textinterpretation: Sie schafft erstmals Einsichten in das Ringen von Kindern und Jugendlichen um die eigene Gottesvorstellung. Im Fokus steht die Frage, inwiefern Kinder und Jugendliche von sich aus (...) theologisieren. Ermöglicht der empirische Zugriff, besondere Typen des Gottesbildes zu identifizieren, so greifen exemplarisch ausgewählte systematisch-theologische Modelle diese Problemstellungen auf. Deren reflektierte Anwendung eröffnet die Möglichkeit, ein passgenaues Setting für ein weiteres Theologisieren zu konturieren. (shrink)

ABSTRACT Utopias in Africa is an emerging academic field. While we are witnessing an increasing number of fictional and ideological utopias, little attention is paid to lived utopias. The Green Camp Gallery Project is such a lived utopia, which predominantly strives for realizing desired future imaginations in daily practices. Localized in the urban context of Durban, in a derelict house in the industrial area, the Green Camp strives for a “simple post-growth life,” which is closely related to nature and the (...) philosophy of Ubuntu. In so doing, the Green Camp responds to the overlapping crisis of urbanity and offers an alternative future aspiration. The Green Camp is not perfect and it is not able to solve the deep problems of South African society, but it offers an “island” of hope and imagination in a challenging urban environment. At the same time the lived utopia reveals the agency of the urban marginalized and contradicts widespread assumptions concerning environmentalism. Based on a qualitative study, the article takes an unusual perspective by analyzing the imagination of lived utopia in an emerging utopian hotspot—Africa. (shrink)

"As a 'rhetoric of the mean' (mesotes ideal), sensibility provides a positive catalog of emotionalization. This is because ethos as an emotional level is viewed as being able, through gentle emotions, to please, placate and achieve sympathy and virtue (Quintilian). Sensibility in literature creates a bridge between an 'art of the soul' that developed into a major subjective and personal factor in the 18th century and a sense of sociability that aimed to integrate the individual into the community. The goal (...) of this study is to provide, through a structural linking of the ethos of virtue and the 'rhetoric of the mean', a reading of literature of sensibility based on rhetoric and cultural history that can explain both its public success 'with the people' and the reasons for why it failed to meet its own claims."--Publisher's website. (shrink)

How is it possible to develop an identity that lives from the meaningful relationship to a concrete tradition without falling into fundamentalist self-closure when trying to maintain this relationship? The present study addresses this question by interpreting Alasdair MacIntyre's traditional concept in response to the lack of orientation in contemporary society. The American philosopher Alasdair MacIntyre assumes that modern societies can only convey identity through the traditions they contain. He defines "tradition" as a discussion about the correct interpretation of the (...) traditional content. MacIntyre sees coexistence in plural societies as a permanent encounter of different, traditional identities that struggle to convince each other of the truthfulness of their own worldview. The consequence is not blind conflict, but rather the acquisition of cultural language skills: Real encounters occur when a tradition learns to understand its counterpart from its genuine perspective. In this way, MacIntyre makes communicative competence the guiding factor of its model. In conversation with Karl Barth's theology, the study further develops this model from a Protestant perspective. Barth is received as the 20th century theologian who most consistently thought of Christian identity in particular terms. Even more than for Barth, the self-assurance of Christian tradition is being put to the test today. The study develops a model of Christian orientation in pluralism, which is based on the interplay of cultural competence and trust in the sustainability of one's own religious identity. (shrink)

Wie kam der Mensch zu der Vorstellung, dass es Götter gibt? Enthält die Sprache des Mythos Hinweise auf Ursprung und Entwicklung des religiösen Denkens? In einer wissenschaftshistorischen Studie wird hier die Theorie des Klassischen Philologen Hermann Usener (1834-1905) vom Ursprung der Religion (1896) und deren Rezeption in den Werken von Albrecht Dieterich, Ludwig Radermacher, Aby Warburg und Walter F. Otto untersucht. Mit seiner strukturanalytisch entwickelten Lehre von der religiösen Begriffsbildung hat Usener die seit der Romantik geführte Ursprungsdebatte neu aufgerollt und (...) dazu inspiriert, sein Projekt aufzugreifen und kritisch fortzuschreiben. (shrink)

Applied philosophy is experiencing its “golden days,” as Kasper Lippert-Rasmussen says in his insightful introduction to A Companion to Applied Philosophy. Applied philosophy seems to be distinguished from its opposite, pure philosophy, usually understood as traditional philosophy, which deals with subjects such as free will, consciousness, or knowledge in philosophical subdisciplines like ethics, metaphysics, and epistemology. To embrace applied philosophy could thus mean to advocate for a philosophy that deals with questions “relevant to ‘the important questions of everyday life,’” as (...) Leslie Stevenson puts it, as opposed to questions that arise from within the subdisciplines of pure philosophy. (shrink)

In this paper we develop a novel propositional semantics based on the framework of branching time. The basic idea is to replace the moment-history pairs employed as parameters of truth in the standard Ockhamist semantics by pairs consisting of a moment and a consistent, downward closed set of so-called transitions. Whereas histories represent complete possible courses of events, sets of transitions can represent incomplete parts thereof as well. Each transition captures one of the alternative immediate future possibilities open at a (...) branching point. The transition semantics exploits the structural resources a branching time structure has to offer and provides a fine-grained picture of the interrelation of modality and time. In addition to temporal and modal operators, a so-called stability operator becomes interpretable as a universal quantifier over the possible future extensions of a given transition set. The stability operator allows us to specify how and how far time has to unfold for the truth value of a sentence at a moment to become settled and enables a perspicuous treatment of future contingents. We show that the semantics developed along those lines generalizes and extends extant approaches: both Peirceanism and Ockhamism can be viewed as limiting cases of the transition approach that build on restricted resources only, and on both accounts, stability collapses into truth. (shrink)

Der Sammelband nimmt erstmalig seit Ende des Kalten Krieges für den deutschsprachigen Raum eine komprimierte Bestandsaufnahme der aktuellen Aktivitäten, rechtlichen Rahmenbedingungen, politischen und militärischen Konfliktlinien und Kooperationsräume sowie weiterführender Trends und Herausforderungen im Weltraum vor. Dabei werden zum einen die rechtlichen, militärischen, wirtschaftlichen und technologischen Herausforderungen des Bedeutungszuwachses dieses strategisch gewichtigen Raumes analysiert. Zum anderen werden Handlungsfähigkeit und -bedarf ausgewählter Weltraummächte, ihre Kooperationsmöglichkeiten und Konfliktpotenziale sowie der internationale politische Regulierungsbedarf herausgearbeitet und darauf aufbauend politische Handlungsempfehlungen dargelegt.,,Eine hervorragend gelungene Bestandsaufnahme der (...) umfassenden Bedeutung des Weltraums." Prof. Dr. Dr. h. c. Karl Kaiser, Harvard University Die Herausgeber PD Dr. Antje Nötzold ist Privatdozentin und wissenschaftliche Mitarbeiterin an der Professur Internationale Politik der TU Chemnitz. Dr. Enrico Fels ist Geschäftsführer des Center for Advanced Security, Strategic and Integration Studies (CASSIS) der Rheinischen Friedrich-Wilhelms-Universität Bonn. Andrea Rotter ist Referatsleiterin für Außen- und Sicherheitspolitik bei einer politischen Stiftung. Dr. Moritz Brake ist Senior Fellow am Center for Advanced Security, Strategic and Integration Studies (CASSIS) und Experte für Maritime Sicherheit und Strategie am German Institute for Defence and Strategic Studies (GIDS) als Reserveoffizier der Deutschen Marine. (shrink)

The globalization of production and trade has contributed to the rise in complex global value chains where the reach of state regulation is limited. As an alternative, private regulation, developed and administered by companies, industry associations, and nongovernmental organizations, has emerged to safeguard economic, environmental, and social sustainability in producer countries and along the value chain. The academic literature on private regulation in global value chains has grown over the last decade, but currently few major reviews of the research have (...) been undertaken. This paper examines peer-reviewed research in the relevant disciplines published in academic journals up to December 2011. Our goal is to identify and classify the topics and theories in the global value chain literature. We conclude that the number of articles explicitly examining private regulation, in a global value chain context, is relatively small when considering the importance and growth of these chains in the world’s economy. We also conclude that agriculture, forestry, and apparel manufacturing are the most often studied economic sectors; in contrast, other sectors, such as the information, communication and technology, with their complex global value chains, and often problematic environmental and social conditions, are understudied. (shrink)

In this paper, I provide a thorough discussion and reconstruction of Bernard Bolzano’s theory of grounding and a detailed investigation into the parallels between his concept of grounding and current notions of normal proofs. Grounding (Abfolge) is an objective ground-consequence relation among true propositions that is explanatory in nature. The grounding relation plays a crucial role in Bolzano’s proof-theory, and it is essential for his views on the ideal buildup of scientific theories. Occasionally, similarities have been pointed out between Bolzano’s (...) ideas on grounding and cut-free proofs in Gentzen’s sequent calculus. My thesis is, however, that they bear an even stronger resemblance to the normal natural deduction proofs employed in proof-theoretic semantics in the tradition of Dummett and Prawitz. (shrink)

Quipus, knotted structures of woollen or cotton cords, were used as a bureaucratic tool in the Inca state. In the absense of a writing system, numerals and possibly other pieces of information were encoded on the quipus by tying knots into elaborately structured coloured cords. Though interpretation of the quipu contents is far from complete, some information on Inca mathematics can be deducted from the analysis of ancient specimen, especially when combined with the results of anthropological and linguistic research in (...) contemporary Andean societies. In this paper, the quipus are introduced, their structure is explained, and some results on mathematical concepts of the Incas are presented based on a comparison of mathematical and anthropological literature on the subject. (shrink)

The internet could be an efficient political instrument if it were seen as part of a democracy where free and open discourse within a vital public sphere plays a decisive role. The model of deliberative democracy, as developed by Jürgen Habermas and Seyla Benhabib, serves this concept of democracy best. The paper explores first the model of deliberative democracy as a ‘two-track model’ in which representative democracy is backed by the public sphere and a developing civil society. Secondly, it outlines (...) the normative concept of the public sphere and its basic ideas, namely the uncoerced communication of equal participants with equal access and equal rights to intervene or propose themes. The third part for discussion shows how the internet could fit into this concept of public sphere and influence the quality of political debates, and emphasizes the important role it can play in the political process. (shrink)