We argue that the claim that essence-based causal explanations emerge, hydra-like, from an inherence heuristic is incomplete. No plausible mechanism for the transition from concrete properties, or cues, to essences is provided. Moreover, the fundamental shotgun and storytelling mechanisms of the inherence heuristic are not clearly enough specified to distinguish them, developmentally, from associative or causal networks.

In this revised edition, two distinguished philosophers have extended and strengthened the most authoritative text available on the philosophy of law and jurisprudence. While retaining their comprehensive coverage of classical and modern theory, Murphy and Coleman have added new discussions of the Critical Legal Studies movement and feminist jurisprudence, and they have strengthened their treatment of natural law theory, criminalization, and the law of torts. The chapter on law and economics remains the best short introduction to that difficult, controversial, (...) and influential topic.Students will appreciate the careful organization and clear presentation of complicated issues as well as the emphasis on the relevance of both law and legal theory to contemporary society. (shrink)

Achilles is vindictive; he wants to get even with Agamemnon. Being so disposed, he sounds rather like many current crime victims who angrily complain that the American system of criminal justice will not allow them the satisfactions they rightfully seek. These victims often feel that their particular injuries are ignored while the system addresses itself to some abstract injury to the state or to the rule of law itself – a focus that appears to result in wrongdoers being treated with (...) much greater solicitation and respect than their victims receive. If the actual victims are noticed at all, they will likely be told that there is another branch of law – tort law – that has the job of dealing with private injuries and grievances and that, if they pursue this route at their own expense, they might ultimately get some financial compensation for the wrongs done to them. However, just as Achilles felt that mere compensation was inadequate to the kind of injury done to him by Agamemnon, many of these victims will often claim that the injuries they have suffered do not admit of financial compensation. How, they might ask, can a dollar value be set on the humiliation and degradation they have experienced? They might also note that those who injure them tend, unlike Agamemnon, to be judgment-proof – so lacking in resources as to be unable to make any meaningful contribution to any compensation package that the victim may win. (shrink)

This book focuses on the degree to which certain moral and legal doctrines are rooted in specific passions that are then institutionalised in the form of criminal law. A philosophical analysis is developed of the following questions: when, if ever, should hatred be overcome by sympathy or compassion? What are forgiveness and mercy and to what degree do they require - both conceptually and morally - the overcoming of certain passions and the motivation by other passions? If forgiveness and mercy (...) indeed are moral virtues, what role, if any, should they play in the law? (shrink)

A critique of Richard Posner's suggestion that notions of economic efficiency can serve as ethical foundations.

We have all been victims of wrongdoing. Forgiving that wrongdoing is one of the staples of current pop psychology dogma; it is seen as a universal prescription for moral and mental health in the self-help and recovery section of bookstores. At the same time, personal vindictiveness as a rule is seen as irrational and immoral. In many ways, our thinking on these issues is deeply inconsistent; we value forgiveness yet at the same time now use victim-impact statements to argue for (...) harsher penalties for criminals. Do we have a right to hate others for what they have done to us? Providing a nuanced approach to a proper understanding of the place of our strongest emotions in moral, political, and personal life, and using lucid, easily understood prose, this volume is a classic example of philosophical thinking applied to a thorny, everyday problem. (shrink)

Based on a series of lectures delivered at the University of Virginia in October 1981. Includes bibliographical references and index.

This article examines the Roman tradition that Numa once negotiated with Jupiter about human sacrifice. Complete versions of the myth survive in Ovid, Plutarch and Arnobius. Previous studies of this tradition have proposed four main interpretations of it, which have done important service in modern reconstructions of the character of Roman religion. These scholarly treatments raise several questions. First, are they actually supported by, or the most convincing way of reading, the surviving ancient sources? If so, have they been correctly (...) attributed? Why might a specific ancient author present the myth of Numa and Jupiter in a manner which suggests one interpretation rather than another? What ideological and theological work does the story do for Ovid, for Plutarch and for Arnobius? Finally, can this myth, in whatever version, support the weight of the implications put on it for the character of Roman religion? This article seeks to enhance our understanding of this myth in its surviving versions, not just by analysing the evidence for each of the modern interpretations, but also by considering why ancient authors tell the myth of Numa and Jupiter the way they do. It is argued that their choices illustrate best not one meaning of the myth nor one Roman way of piety but the richness and diversity of religious reflection in antiquity. (shrink)

The essays in this collection explore, from philosophical and religious perspectives, a variety of moral emotions and their relationship to punishment and condemnation or to decisions to lessen punishment or condemnation.

Introduction. Murder, some may suggest, is to be defined as the intentional and uncoerced killing of the innocent; and it is true by definition that murder is wrong. Yet wars, particularly modern wars, seem to require the killing of the innocent, e.g. through anti-morale terror bombing. Therefore war must be wrong.

Psychologist Sharon Lamb and philosopher Jeffrie Murphy argue that forgiveness has been accepted as a therapeutic strategy without serious, critical examination. Chapters by both psychologists and philosophers ask: Why is forgiveness so popular now? What exactly does it entail? When might it be appropriate for a therapist not to advise forgiveness? When is forgiveness in fact harmful?

This is a slightly revised text of Jeffrie G. Murphy’s Presidential Address delivered to the American Philosophical Association, Pacific Division, in March 2006. In the essay the author reconsiders two positions he had previously defended—the liberal attack on legal moralism and robust versions of the retributive theory of punishment—and now finds these positions much more vulnerable to legitimate attack than he had previously realized. In the first part of the essay, he argues that the use of Mill’s liberal harm principle (...) against legal moralism cannot be cabined in such a way as to leave intact other positions that many liberals want to defend—in particular, certain fundamental constitutional rights and character retributivism in criminal sentencing. In the second part of the essay, he expresses serious doubts—some inspired by Nietzsche—about the versions of character retributivism that he had once enthusiastically defended and now describes himself as no more than a reluctant retributivist. (shrink)

Jeffrie G. Murphy's third collection of essays further pursues the topics of punishment and retribution that were explored in his two previous collections: Retribution, Justice and Therapy and Retribution Reconsidered. Murphy now explores these topics in the light of reflections on issues that are normally associated with religion: forgiveness, mercy, and repentance. He also explores the general issue of theory and practice and discusses a variety of topics in applied ethics - e.g., freedom of artistic expression, the morality (...) of gambling, and the value of forgiveness in psychological counseling. As always, his perspective may be described as Kantian; and, indeed, this collection contains the first extended piece of Kant scholarship that he has done in years: a long essay on Kant on theory and practice. (shrink)

This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application in law as well as at (...) the different areas of legal reasoning. The handbook’s division in three parts reflects its conceptual architecture, since legal reasoning and argumentation are considered in relation to the more general types of reasoning. (shrink)

Most of us are inclined to believe that blackmail is clearly immoral and are thus quite content that it be criminalized. Justifying this belief, however, turns out to be more of a problem than it might at first seem. In particular, it is difficult if not impossible to distinguish cases of blackmail from other hard economic transactions.