The greatest of the Arabic philosophers was the Spanish Muslim Abu-l-Walid Muhammad ibn Ahmad ibn Muhammad ibn Rushd = Averroes. In the midst of a busy public career, as court scholar and personal physician to an Almohad caliph, and as chief magistrate of Cordova, Ibn Rushd found time to compose a monumental series of philosophical commentaries, as well as several important legal, astronomical, and medical works. His extensive commentaries on Aristotle earned him St. Thomas's accolade of "The Commentator.".

In lieu of an abstract, here is a brief excerpt of the content:The Aristotelianism of Locke's PoliticsJ. S. MaloyThose, then, who think that the positions of statesman, king, household manager, and master of slaves are the same are not correct. For they hold that each of these differs not innly in whether the subjects ruled are few or many... the assumption being that there is no difference between a large household and a small city-state.... But these claims are not true.Aristotle, (...) Politics, 1252a1The Power of a Magistrate over a Subject may be distinguished from that of a Father over his Children, a Master over his Servant, a Husband over his Wife, and a Lord over his Slave. All which distinct Powers happening sometimes together in the same Man, if he be considered under these different Relations, it may help us to distinguish these Powers one from another, and show the difference betwixt a Ruler of a Common-wealth, a Father of a Family, and a Captain of a Galley.Locke, Two Treatises of Government, 2.22 [End Page 235]When the political theory of John Locke first appeared in print in 1689, the imposing authority of Aristotle stood ready to defeat it. So believed many of Locke's critics, at any rate. After his death in 1704, when it was confirmed that the internationally renowned author of An Essay Concerning Human Understanding had also written the anonymously published Two Treatises of Government, Locke was widely taken to represent a distinctive type of political theory based on individual rights and the social contract. Learned opposition to this sort of voluntaristic account of politics has often rested on Aristotle, "the Philosopher," the ancient authority on the human instinct for sociability and the hierarchal communities arising therefrom. Within the modern academy "liberals," "communitarians," and "republicans" have again made a habit of pronouncing the names of Locke and Aristotle in tones of antagonism. In broad outline the reasons have not changed in two or three centuries ago: the first stands for natural-rights individualism and the second for an organic conception of community.3What are we to make of this conventional opposition in light of the awkward fact that the second of Locke's Two Treatises, "Of Civil Government," takes the reclamation of the Aristotelian conception of political power as its principal purpose? Locke announced in the opening chapter of that essay that his chief target, Robert Filmer, had misunderstood the nature of distinctively political relationships, mainly by ignoring the differences between authority in political society and authority within the family (L 2.1–2). Locke alleged that this basic conceptual mistake of the Filmerian theory of "absolute" and "arbitrary" government was the source of its disastrous practical ramifications, which he had summed up in the first Treatise as "Chains for all Mankind" (L 1.1). Filmer, in turn, had taken Plato's side in the debate about political and familial rule which Aristotle had joined in the opening lines of his Politics (A 1252a). Though a perceptive reader long ago noticed the Aristotelianism of Locke's response to Filmer—Locke and Algernon Sidney were the "two famous men" to whom Rousseau alluded as having defended Aristotle against Filmer's Platonic notions of power—no modern scholar has attempted a full explanation of the significance of Locke's intervention in this debate.4 [End Page 236]The analysis below will show that Aristotle was the classic source for both the principal theoretic argument of Locke's second Treatise and the method employed to pursue it, i.e. using analogies of power for conceptual comparison and distinction. But my argument for the Aristotelianism of Locke's politics will rest on contextual as well as textual grounds. Not only was Locke pursuing an evident variation on the central theme of bk. 1 of Aristotle's Politics; he was far from alone in doing so. This sort of project was by the 1680s typical of radical constitutionalist writing in Europe, including not only English Whigs like Sidney and James Tyrrell but also a long line of writers on both sides of the English Channel, stretching back at least a century, who deployed a particular interpretation of Aristotle in the service... (shrink)

Prof. Flew's main purpose in God and Philosophy is ‘to develop and to examine a case for Christian theism’ . But in next to no time he shows his reader that here, as with the New York Commissioner for Air Pollution, ‘for’ really means ‘against’. For Flew's aim is to attack Christian theism and to develop the argument against it. One of his fellow-humanists rightly reviewed this book under the title ‘A Case for Atheism’. As the case for atheism is (...) being developed one quickly loses faith in the assurance that this ‘philosopher of religion has … no business to be counsel for either the prosecution or the defence’ and aspires to resemble most of all the examining magistrate . Soon we are told that an attack should and shall be launched against the heart of the quinta via of Aquinas . This is not just a slip of the pen for indeed the book contains a number of attacks on Aquinas. Of course Aquinas is not the only Christian theist who is attacked but he is Flew's chief individual target. (shrink)

John Milton was not only the greatest English Renaissance poet but also devoted twenty years to prose writing in the advancement of religious, civil and political liberties. The height of his public career was as chief propagandist to the Commonwealth regime which came into being following the execution of King Charles I in 1649. The first of the two complete texts in this volume, The Tenure of Kings and Magistrates, was easily the most radical justification of the regicide at (...) the time. In the second, A Defence of the People of England, Milton undertook to vindicate the Commonwealth's cause to Europe as a whole. They are central to an understanding both of the development of Milton's political thought and the climax of the English Revolution itself. This is the first time that fully annotated versions have been published together in one volume, and incorporates a wholly new translation of the Defence. The introduction outlines the complexity of the ideological landscape which Milton had to negotiate, and in particular the points at which he departed radically from his sixteenth-century predecessors. Further aids to students include a full chronology of Milton's life and important contemporary events, a select bibliography and biographies of persons mentioned in the text. (shrink)

En confrontant la dialectique hégélienne et la dialectique hamelinienne sur le rapport du nombre à la suite des notions et des concepts, nous poursuivons un triple dessein, que nous nous permettrons d'indiquer de façon très schématique. Nous voudrions: 1 ° contribuer à dégager l'histoire de la philosophie de considérations strictement érudites ou herméneutiques, qui tournent indéfiniment en rond sur elles-mêmes à l'intérieur d'un même auteur pris pour prétexte; car en établissant un dialogue entre philosophes nous mettons en relief leur philosophie, (...) parce que nous rétablissons l'ordination de cette dernière à son objet, la vérité, et en l'occurrence nous pratique-rons — selon notre mesure — une méthode dont Hegel lui-même, pour ne rien dire d'Hamelin, a donné un magistral exemple; 2° mon-trer qu'une pensée dialectique a des ressources propres non seulement pour le traitement des catégories en général, mais aussi pour celui des catégories logico-mathématiques fondamentales, et en particulier à l'endroit du concept qui a suscité à la fin du siècle dernier, on le sait, la rénovation des mathématiques et de la logique; car Hegel et Hamelin peuvent nous apprendre sur le nombre ce qu'on trouverait difficilement chez Frege, Russell ou Peano: le rapport du nombre aux autres catégories de la pensée; 3° montrer réciproquement que la philosophie du nombre constitue une pièce essentielle dans les deux dialectiques, dont elle exprime pour une large part la divergence, puisqu'elle installe celle d'Hamelin dans le fini, tandis qu'elle confirme l'orientation de celle de Hegel vers l'infini. (shrink)

Sound and complete axiomatizations are provided for a number of different logics involving modalities for the knowledge of multiple agents and operators for branching time, extending previous work of Halpern, van der Meyden and Vardi [to appear, SIAM Journal on Computing] for logics of knowledge and linear time. The paper considers the system constraints of synchrony, perfect recall and unique initial states, which give rise to interaction axioms. The language is based on the temporal logic CTL*, interpreted with respect to (...) a version of the bundle semantics. (shrink)

Ontologies formally represent reality in a way that limits ambiguity and facilitates automated reasoning and data fusion, but is often daunting to the non-technical user. Thus, many researchers have endeavored to hide the formal syntax and semantics of ontologies behind the constructs of Controlled Natural Languages (CNLs), which retain the formal properties of ontologies while simultaneously presenting that information in a comprehensible natural language format. In this paper, we build upon previous work in this field by evaluating prospects of implementing (...) International Technology Alliance Controlled English (ITACE) as a middleware for ontology editing. We also discuss at length a prototype of a natural language conversational interface application designed to facilitate ontology editing via the formulation of CNL constructs. (shrink)

Perceptual conscious experiences result from non-conscious processes that precede them. We document a new characteristic of the cognitive system: the speed with which visual meaningful stimuli are prioritized to consciousness over competing noise in visual masking paradigms. In ten experiments (N = 399) we find that an individual's non-conscious visual prioritization speed (NVPS) is ubiquitous across a wide variety of stimuli, and generalizes across visual masks, suppression tasks, and time. We also find that variation in NVPS is unique, in that (...) it cannot be explained by variation in general speed, perceptual decision thresholds, short-term visual memory, or three networks of attention (alerting, orienting and executive). Finally, we find that NVPS is correlated with subjective measures of sensitivity, as they are measured by the Highly Sensitive Person scale. We conclude by discussing the implications of variance in NVPS for understanding individual variance in behavior and the neural substrates of consciousness. (shrink)

From the island of certainty that is the Tractatus Logico Philosophicus to the everyday ethics of the mainland in the Investigations , Ludwig Wittgenstein's philosophy traces a journey similar to the one etched into Robinson Crusoe's deserted beaches. In this essay I map out points contact between Wittgenstein's philosophy and Defoe's novel, thus providing a fresh glimpse at the philosophical underpinnings of the adventures depicted in Robinson Crusoe , as well as to Wittgenstein's philosophical motivations.

Spontaneous intrusive recollections are known to follow emotional events in clinical and non-clinical populations. Previous work in our lab has found that women report more SIRs than men after exposure to emotional films, and that this effect is driven entirely by women in the luteal phase of the menstrual cycle. To replicate and extend this finding, participants viewed emotional films, provided saliva samples for sex hormone concentration analysis, and estimated SIR frequency following film viewing. Women in the luteal phase reported (...) significantly more SIRs than did women in the follicular phase, and SIR frequency significantly correlated with salivary progesterone levels. The results are consistent with an emerging pattern in the literature suggesting that menstrual cycle position of female participants can potently influence findings in numerous cognitive domains. The potential implications of these results for disorders characterized by intrusions, such as post-traumatic stress disorder, are also discussed. (shrink)

Implicit processes are thought to be relatively fast, inaccessible, holistic, and imprecise, while explicit processes are slow, accessible and precise (e.g., Reber, 1989, Sun 2002). This dichotomy is closely related to some other well-known dichotomies including symbolic versus subsymbolic processing (Rumelhart et al., 1986), conceptual versus subconceptual processing (Smolensky, 1988), and conscious versus unconscious processing (Jacoby et al., 1994). This dichotomy has been justified by extensive studies of implicit and explicit learning, implicit and explicit memory, and implicit versus explicit metacognition (...) (Reder, 1996). (shrink)

Cahill addresses the ethics of sexuality, marriage, parenthood and family from a feminist Christian standpoint. She wants to reaffirm the traditional unity of sex, love and parenthood, not as an absolute norm, but a guiding framework. The book also develops the significance of New Testament models of community and of moral formation, to argue that the human values associated with sex and family should be embodied in a context of concern for society's poor and marginalized. Roman Catholicism receives special (...) but not exclusive attention. (shrink)

Van Lohuizen’s ideal of unity, must above all be seen as a challenge to attain the necessary integration of planning, research, and design to meet the requirements of a changing society. Though Van Lohuizen's ideas were influenced strongly by the rational and technical principles of the CIAM, he saw technology as a means to an end in an approach that is primarily based on humans and culture. In the ideas of Van Lohuizen, different dimensions can be traced. New developments in (...) these dimensions are discussed in the article. There is no lack of innovative ideas and methods. Nearly all the ideas and methods discussed were developed in the forties, fifties, or sixties. On the basis of the incubation period required for introduction on a wider scale, it is now time for them to find greater favor with society. Following the years of a no-nonsense policy, it seems that in many fields there is a new need for a wider, more qualitative approach. (shrink)

Objectification is a foundational concept in feminist theory, used to analyze such disparate social phenomena as sex work, representation of women's bodies, and sexual harassment. However, there has been an increasing trend among scholars of rejecting and re-evaluating the philosophical assumptions which underpin it. In this work, Cahill suggests an abandonment of the notion of objectification, on the basis of its dependence on a Kantian ideal of personhood. Such an ideal fails to recognize sufficiently the role the body plays (...) in personhood, and thus results in an implicit vilification of the body and sexuality. The problem with the phenomena associated with objectification is not that they render women objects, and therefore not-persons, but rather that they construct feminine subjectivity and sexuality as wholly derivative of masculine subjectivity and sexuality. Women, in other words, are not objectified as much as they are derivatized, turned into a mere reflection or projection of the other. Cahill argues for an ethics of materiality based upon a recognition of difference, thus working toward an ethics of sexuality that is decidedly ­and simultaneously ­incarnate and intersubjective. (shrink)

In this book Ron Amundson examines two hundred years of scientific views on the evolution-development relationship from the perspective of evolutionary developmental biology. This perspective challenges several popular views about the history of evolutionary thought by claiming that many earlier authors had made history come out right for the Evolutionary Synthesis. The book starts with a revised history of nineteenth-century evolutionary thought. It then investigates how development became irrelevant with the Evolutionary Synthesis. It concludes with an examination of the contrasts (...) that persist between mainstream evolutionary theory and evo-devo. This book will appeal to students and professionals in the philosophy and history of science, and biology. (shrink)

Pope Francis both grants the right to use armed force in self-defense and regards all war as ‘a defeat for humanity’. This seeming paradox can be explained by the fact that what is a theoretically just use of force (according to the criteria of just war theory) inevitably results in unjust violence when carried out in practice. The undertaking, processes and practices of war are highly susceptible to what Augustine called the libido dominandi. The theory of just war is carried (...) forward in institutions of actual war-making that foster escalation, discourage restraint, and adapt the theory itself to accommodate increasing violence. ‘Just war’ fails to embody the social and institutional virtue of justice. Thus, as Pope Francis exhorts, the Christian ethics of war and peace should prioritize the theory of just peace and the cultivation of peacebuilding dispositions, practices, and institutions. These strategies favor justice, but success is not guaranteed. (shrink)

Social constructionism about race is a common view, but there remain questions about what exactly constitutes constructed race. Some hold that our concepts and conceptual practices construct race, and some hold that the causal consequences of these concepts and conceptual practices also play a role. But there is a third option, which is that the causal effects of our concepts and conceptual practices constitute race, but not the concepts and conceptual practices themselves. This paper reconsiders an argument for the reality (...) of race that grows out of the role of racial kinds in social scientific generalizations. It then uses recent work on the correlation of racial attitudes with behaviors to raise questions about the sufficiency, and perhaps also the necessity, of our concepts and conceptual practices in constituting constructed race, thus understood. (shrink)

Ron Mallon explores how thinking and talking about kinds of person can bring those kinds into being. He considers what normative implications this social constructionism has for our understanding of our practices of representing human kinds, like race, gender, and sexual orientation, and for our own agency.

Kevin M. Cahill reclaims one of Ludwig Wittgenstein's most passionately pursued endeavors: to reawaken a sense of wonder around human life and language and its mysterious place in the world. Following the philosopher's spiritual and cultural criticism and tying it more tightly to the overall evolution of his thought, Cahill frames an original interpretation of Wittgenstein's engagement with Western metaphysics and modernity, better contextualizing the force of his work. Cahill synthesizes several approaches to Wittgenstein's life and thought. (...) He stresses the nontheoretical aspirations of the philosopher's early and later writings, combining key elements from the so-called resolute readings of the _Tractatus_ with the "therapeutic" readings of _Philosophical Investigations_. Cahill shows how continuity in Wittgenstein's cultural and spiritual concerns informed if not guided his work between these texts, and in his reading of the _Tractatus_, Cahill identifies surprising affinities with Martin Heidegger's _Being and Time_--a text rarely associated with Wittgenstein's early formulations. In his effort to recapture wonder, Wittgenstein both avoided and undermined traditional philosophy's reliance on theory. As Cahill relates the steps of this bold endeavor, he forms his own innovative, analytical methods, joining historicist and contextualist approaches to text-based, immanent readings. The result is an original, sustained examination of Wittgenstein's thought. (shrink)

Proceedings of the Aristotelian Society, Volume 115, Issue 3pt3, Page 307-314, December 2015.

De dicto moral motivation is typically characterized by the agent’s conceiving of her goal in thin normative terms such as to do what is right. I argue that lacking an effective de dicto moral motivation would put the agent in a bad position for responding in the morally-best manner in a certain type of situations. Two central features of the relevant type of situations are the appropriateness of the agent’s uncertainty concerning her underived moral values, and the practical, moral importance (...) of resolving this uncertainty. I argue that in some situations that are marked by these two features the most virtuous response is deciding to conduct a deep moral inquiry for a de dicto moral purpose. In such situations lacking an effective de dicto moral motivation would amount to a moral shortcoming. I show the implications for Michael Smith’s argument against Motivational Judgment Externalism and for Brian Weatherson’s argument against avoiding moral recklessness: both arguments rely on a depreciating view of de dicto moral motivation, and both fail; or so I argue. (shrink)

How can there be so much apparent disagreement about what race is, when there is so much agreement on the facts surrounding race? In this paper, I develop this puzzle and consider several interpretations of work in the philosophy of race to try to answer it, several ways of understanding what the metaphysics of race is doing. I consider and reject the possibility that apparent disagreement is metaphysically substantive, and I also consider and reject the view that apparent disagreement primarily (...) reflects semantic disagreements. Instead, I suggest that apparent first-order disagreement over the existence and character of race is a part of a broader, metalinguistic negotiation or conversation about how racial terms can or ought to be used, and I note a range of considerations—including semantic, pragmatic, epistemic, and ethical—that properly play a role in this discussion. (shrink)

Some psychologists aim to secure a role for psychological explanations in understanding contemporary social disparities, a concern that plays out in debates over the relevance of the Implicit Association Test. Meta-analysts disagree about the predictive validity of the IAT and about the importance of implicit attitudes in explaining racial disparities. Here, I use the IAT to articulate and explore one route to establishing the relevance of psychological attitudes with small effects: an appeal to a process of “accumulation” that aggregates small (...) effects into large harms. After characterizing mechanisms of accumulation and considering some candidate examples, I argue that such mechanisms suggest how a contemporary attitude with small effects could figure in the explanation of large disparities, but they do not vindicate the importance of such an attitude since such mechanisms are typically also determined by competing causes. I close by sketching several strategies for advancing a defense of the relevance of attitudes with small effects. (shrink)

Jennifer Rose Carr’s (2020) article “Normative Uncertainty Without Theories” proposes a method to maximize expected value under normative uncertainty without Intertheoretic Value Comparison (hereafter IVC). Carr argues that this method avoids IVC because it avoids theories: the agent’s credence is distributed among normative hypotheses of a particular type, which don’t constitute theories. However, I argue that Carr’s method doesn’t avoid or help to solve what I consider as the justificatory problem of IVC, which isn’t specific to comparing theories as such. (...) This threatens the implementability of Carr’s method. Fortunately, I also show how Carr’s method can nevertheless be implemented. I identify a type of epistemic states where the justificatory problem of IVC is not a necessary obstacle to maximizing expected value. In such states, the uncertainty stems from indecisive normative intuitions, and the agent justifiably constructs each normative hypothesis on the basis of a consistent subset of her intuitions by reference to the same unit of value. This part of my argument complements not only Carr’s (2020) argument, but also some moderate defenses of IVC. The combination of Carr’s paper and mine helps to illuminate the conditions for maximizing expected value under normative uncertainty without unjustified value comparison. (shrink)

Williams, Ron As I consider the list of previous AHOY recipients since the inaugural award in 1983, I can only say that this is an immeasurable honour. It means much to me because, for almost ten years now, Humanism has been there for my family. In 2005-2006, when separation of church and state school issues first crept into our lives, the Humanist Society of Queensland was to appear as the only beacon of secularist activism upon the deep northern horizon. So (...) in 2006 Andrea and I joined the HSQ. (shrink)

How should deontological theories that prohibit actions of type K — such as intentionally killing an innocent person — deal with cases of uncertainty as to whether a particular action is of type K? Frank Jackson and Michael Smith, who raise this problem in their paper "Absolutist Moral Theories and Uncertainty" (2006), focus on a case where a skier is about to cause the death of ten innocent people — we don’t know for sure whether on purpose or not — (...) by causing an avalanche; and we can only save the people by shooting the skier. One possible deontological attitude towards such uncertainty is what Jackson and Smith call the threshold view, according to which whether or not the deontological constraint applies depends on our degree of (justified) certainty meets a given threshold. Jackson and Smith argue against the threshold view that it leads to implausible paradoxical moral dilemmas in a special kind of case. In this response, we show that the threshold view can avoid these implausible moral dilemmas, as long as the relevant deontological constraint is grounded in individualistic patient-based considerations, such as what an individual person is entitled to object to. (shrink)

Wittgenstein was centrally concerned with the puzzling nature of the mind, mathematics, morality and modality. He also developed innovative views about the status and methodology of philosophy and was explicitly opposed to crudely "scientistic" worldviews. His later thought has thus often been understood as elaborating a nuanced form of naturalism appealing to such notions as "form of life", "primitive reactions", "natural history", "general facts of nature" and "common behaviour of mankind". And yet, Wittgenstein is strangely absent from much of the (...) contemporary literature on naturalism and naturalising projects. This is the first collection of essays to focus explicitly on the relationship between Wittgenstein and naturalism. The volume is divided into four sections, each of which addresses a different aspect of naturalism and its relation to Wittgenstein's thought. The first section considers how naturalism could or should be understood. The second section deals with some of the main problematic domains—consciousness, meaning, mathematics—that philosophers have typically sought to naturalise. The third section explores ways in which the conceptual nature of human life might be continuous in important respects with animals. The final section is concerned with the naturalistic status and methodology of philosophy itself. This book thus casts a fresh light on many classical philosophical issues and brings Wittgensteinian ideas to bear on a number of current debates-for example experimental philosophy, neo-pragmatism and animal cognition/ethics-in which naturalism is playing a central role. (shrink)

In this book Ron Amundson examines two hundred years of scientific views on the evolution-development relationship from the perspective of evolutionary developmental biology (evo-devo). This perspective challenges several popular views about the history of evolutionary thought by claiming that many earlier authors had made history come out right for the Evolutionary Synthesis. The book starts with a revised history of nineteenth-century evolutionary thought. It then investigates how development became irrelevant with the Evolutionary Synthesis. It concludes with an examination of the (...) contrasts that persist between mainstream evolutionary theory and evo-devo. This book will appeal to students and professionals in the philosophy and history of science, and biology. (shrink)

Since the publication of Alasdair MacIntyre’s After Virtue in 1981, tensions inherent to the relationship between morally educative practices and the institutions that house them have been widely noted. We propose a taxonomy of the ways in which the pursuit of external goods by institutions undermines the pursuit of the internal goods of practices. These comprise substitution, where the institution replaces the pursuit of one type of good by another; frustration, where opportunities for practitioners to discover goods or develop new (...) standards of excellence are frustrated by institutional priorities and resource allocation; and injustice, which undermines the integrity of relationships within the organization and/or with partners. These threats, though analytically distinct, are often mutually reinforcing. This conceptual contribution is illustrated both by the extant literature and by a novel context, the three-ring circus. (shrink)

Ron Chrisley, Int. J. Mach. Conscious., 06, 13 (2014). DOI: 10.1142/S1793843014400034.

A teacher controls the release of materials in attempt to get students to appreciate the appeal of a popular yet wrongheaded argument before exposing them to its shortcomings. An instructor uses body language, tone of voice, and images in a Power-Point presentation that appeal to non-deliberative mechanisms in order to influence the students to pay more attention, maintain their focus, or to remember the content better. How do we draw the line between such innocuous educational practices and problematic manipulation, such (...) as deterring students from questioning certain views by instilling fear or shame? I help answering this question by illuminating one significant danger, which hasn’t been accurately identified in the relevant literature: the danger that manipulations in education—even when they’re non-deceptive and aim for the good of the students—will hinder the development or fulfillment of the students’ deliberative projects. (shrink)

Several discourses about theology, church, and politics are occurring among Christian theologians in the United States. One influential strand centers on the communitarian theology of Stanley Hauerwas, who calls on Christians to witness faithfully against liberalism in general and war in particular. Jeffrey Stout, in his widely discussed Democracy and Tradition (2004), responds that religious people ought precisely to endorse those democratic and liberal American traditions that join religious and secular counterparts to battle injustice. Hauerwas, Stout, and many of their (...) interlocutors envision liberal U.S. culture as the context of Christian social ethics. The ensuing debate rarely incorporates Catholic scholars, feminist scholars, scholars of color, or international and liberationist voices. Their inclusion could enhance an understanding of the role of the church in society, and support a common morality in the face of global pluralism. More importantly, it could broaden the scope of discourse on religion and politics to envision global Christian social ethics. (shrink)

Criminalizing arson is both easy and hard. On the substantive merits, the conduct of damaging property by fire uncontroversially warrants criminal sanction. Indeed, punishment for such conduct is overdetermined, as the conduct threatens multiple harms of concern to the criminal law: both damage to property and injury to people. Yet the same multiplicity of harms or threats that makes it easy to criminalize arson (in the sense of deciding to proscribe the underlying behavior) also makes it hard to criminalize arson (...) (in the sense of formulating the offense(s) that will address that behavior). This article asks whether adopting one or more arson offenses is the best way for criminal law to address the conduct in question, or whether that conduct is more properly conceptualized, criminalized, and punished as multiple distinct offenses. (shrink)