In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Aquinas on FriendshipJennifer Hart WeedDaniel Schwartz. Aquinas on Friendship. Oxford-New York: Oxford University Press, 2007. Pp. xviii + 189. Cloth, $55.00.In the introduction to Aquinas on Friendship, Daniel Schwartz admits that his treatment of Aquinas’s theory of friendship is not exhaustive. His central argument is that Aquinas reworks several elements of Aristotle’s view of friendship in accordance with his Christian commitment to the ideal of friendship with (...) God and to the theological virtue of charity (viii). Schwartz develops this argument through a detailed description of some of the elements of Aquinas’s theory, most notably the concept of concordia, along with responses to the challenges posed by those elements, drawn from such luminaries as John Duns Scotus, Cicero, and St. Paul.According to Schwartz, Aquinas identifies three acts of friendship: concordia, benevolentia, and beneficentia. While he claims that these three acts represent the larger themes of the volume, its content and subject index suggest otherwise. Chapters two through four address the nature of concordia and the possible impediments to it, such as heresy, disparity of circumstances, and pride. Missing, however, are similarly detailed treatments of benevolentia and beneficentia. Chapters five and six describe the importance of hope for friendship and the relationship between friendship and justice. More surprisingly, chapter seven considers the satisfaction account of justice (as in the doctrine of the Atonement) and how this might affect Aquinas’s understanding of the restoration of friendship.According to Schwartz, “Faith, hope, and charity, the three theological virtues, are conceived of by Aquinas as stages in a process reaching its fulfillment in friendship with God” (14). Despite this admission and its importance for Aquinas’s theory of friendship, the link between friendship and the theological virtues is not discussed at length. In fact, the theological virtue of faith is not given much attention at all, although Schwartz references sacramental satisfaction and Christ’s atonement. Given Schwartz’s central argument, one would expect him to focus more on the three theological virtues, rather than concordia, which emerges as the theme of the volume. Additionally, there is an abrupt shift from philosophical and political concerns to theology in subsequent chapters, which are structured around the concepts of hope, satisfaction, and charity.Schwartz also includes more than one puzzling theological claim. For example, in reference to the theological virtues, he writes, “Human beings, however, must make themselves worthy of these goods in the eyes of God. For Aquinas, the process leading to friendship with God begins with the pursuit of these spiritual goods” (14). Those familiar with Aquinas’s commitment to the doctrine of original sin and his repudiation of Pelagianism will wonder how such a characterization of Aquinas’s theology is possible. Again, Schwartz also claims, regarding the Atonement, that “merit and satisfaction is made by voluntary actions. Yet, individual participation in Christ’s Passion is not always voluntary—infant baptism being a case in point” (159). Perhaps it is theological quibbling to point out that Aquinas condemns the forced conversions of unbelievers, or that he believes infants whose parents willingly bring them forward for baptism are not baptized involuntarily (Summa theologiae III.68.9 ad. 1). But the book invites such quibbles.There is also no discussion of the difference between Aristotle and Aquinas on friendship, particularly on the possibility of friendship between humans and God. Certainly, Aquinas’s [End Page 136] willingness to accept this possibility is innovative. But Schwartz simply offers Aquinas’s account of how friendship between humans and God is possible and then defends Aquinas from various objections (45–46). A more detailed comparison between the thought of Aristotle and Aquinas is found on the topic of concordia.In summary, Schwartz’s aim is ambitious for a volume of less than two hundred pages, but there is much to enjoy in the book. There is an interesting discussion of Aquinas’s endorsement of Seneca rather than Aristotle on gratitude and ingratitude in his brief discussion of beneficentia (16–19), and Schwartz’s treatment of the tension among justice, friendship, and charity is also illuminating. Finally, Schwartz is to be commended for his extensive use of almost the entire corpus of... (shrink)

This paper explores analyzing criminal responsibility from the Humean position that blame is for character traits. If untoward acts indicate undesirable character traits, then the agent is blameworthy; if they do not, then the actor is not blameworthy — he has an excuse. A distinctive feature of this approach is that that voluntariness of acts is irrelevant to determining blameworthiness.This analysis is then applied to a variety of issues in criminal law. Mens supports inferences to character (...) traits, and the Humean approach provides a reason for rejeting strict criminal liability. The Humean approach also helps resolve a number of issues about attempts, such as punishment for impossible attempts and the defense of abandonment. It also supports the broad outlines of the defense of mistake and provides a third alternative in the Wooton-Hart debate over punishment and treatment. (shrink)

This classic collection of essays, first published in 1968, represents H.L.A. Hart's landmark contribution to the philosophy of criminal responsibility and punishment. Unavailable for ten years, this new edition reproduces the original text, adding a new critical introduction by John Gardner, a leading contemporary criminal law theorist.

In the introduction to Aquinas on Friendship, Daniel Schwartz admits that his treatment of Aquinas’s theory of friendship is not exhaustive. His central argument is that Aquinas reworks several elements of Aristotle’s view of friendship in accordance with his Christian commitment to the ideal of friendship with God and to the theological virtue of charity. Schwartz develops this argument through a detailed description of some of the elements of Aquinas’s theory, most notably the concept of concordia, along with responses to (...) the challenges posed by those elements, drawn from such luminaries as John Duns Scotus, Cicero, and St. Paul.According to Schwartz, Aquinas identifies three acts of friendship: concordia, benevolentia, and beneficentia. While he claims that these three acts represent the larger themes of the volume, its content and subject index suggest otherwise. Chapters two through four address the nature of concordia and the possible impediments to it, such as heresy, disparity of. (shrink)

We have argued here that to attribute criminal responsibility to psychopathic individuals is to ignore substantial and growing evidence that psychopathic individuals are significantly impaired in moral understanding. They do not appear to know why moral transgressions are wrong in the full sense required by the law. As morally blameless offenders, punishment as a basis for detention cannot be justified. Moreover, as there are currently no successful treatment programs for psychopathy, nor can detention be justified on grounds (...) of treatment. Instead, we argue detention on the grounds of self- defence, due to the severe and continuing threat posed by the psychopathic criminal. (shrink)

In the introduction to Aquinas on Friendship, Daniel Schwartz admits that his treatment of Aquinas’s theory of friendship is not exhaustive. His central argument is that Aquinas reworks several elements of Aristotle’s view of friendship in accordance with his Christian commitment to the ideal of friendship with God and to the theological virtue of charity . Schwartz develops this argument through a detailed description of some of the elements of Aquinas’s theory, most notably the concept of concordia, along with responses (...) to the challenges posed by those elements, drawn from such luminaries as John Duns Scotus, Cicero, and St. Paul.According to Schwartz, Aquinas identifies three acts of friendship: concordia, benevolentia, and beneficentia. While he claims that these three acts represent the larger themes of the volume, its content and subject index suggest otherwise. Chapters two through four address the nature of concordia and the possible impediments to it, such as heresy, disparity of. (shrink)

The justice of criminal punishment depends in part on the possibility of holding people accountable for their choices. There is a wide variation between nations on the age at which juveniles can be prosecuted in adult criminal courts. This variation reflects disagreement about the underlying logic of responsibility. This paper examines the philosophical difference between adults and children as agents. The paper argues that the moral status of children is importantly distinct from adults, specifically with respect to (...) how responsibility should be mitigated. The paper explains this in terms of the developmental aspect of childhood. By considering empirical evidence from psychology and neuroscience we can understand the mistakes that juveniles make as a form of developmental impairment. The paper shows why these findings lead to the conclusion that the practice of trying children as adults is immoral and should be eliminated. (shrink)

On March 12, 2009, a Sikorsky S-92A helicopter travelling to two offshore oil installations crashed into the sea about 55 km away from the coastal city of St. John’s in Newfoundland and Labrador, Canada. It sank quickly with the loss of 17 lives. There was one survivor. The article examines the circumstances of the crash to assess the effectiveness of an instrumental, business case for safety and, by extension, for corporate social responsibility. The article fills a gap in the (...) business and the management literature by adopting a qualitative, case study methodology to complement earlier, predominantly quantitative research. The study analyzes a comprehensive set of documentary data available from the offshore regulator’s public inquiry website, including many days of verbatim testimony from the industry, the union, regulators, investigators, the lone survivor and families of the deceased, in addition to written submissions and expert reports. Investigatory reports from the Transportation Safety Board of Canada and the NL Inquiry were analyzed, as were regulatory documents and media coverage. Although offshore safety has improved since the Ocean Ranger disaster in 1982, the empirical evidence in this case study adds to our understanding of how reliance on a voluntary, instrumental business case for CSR in the absence of a normative concept of CSR is likely to fail, largely because of the existence of a powerful tension between oil exploration and production and investment in safety. (shrink)

This chapter contains sections titled: Actions and the Criminal Law Objects or Conditions of Criminal Responsibility? Actions and (Voluntary) Acts Abandoning the Act Requirement? An Action Presumption? References.

Recently it has been argued that certain neuropsychological findings on the decision-making, instrumental learning, and moral understanding in psychopathic offenders offer reasons to consider them not criminally responsible, due to certain epistemic and volitional impairments. We reply to this family of arguments, that collectively we call the irresponsibility of the psychopath argument. This type of argument has a premise that describes or prescribes the deficiencies that grant or should grant partial or complete criminal exculpation. The other premise contends that (...) neuropsychological evidence shows that psychopaths have incapacitates that are sufficient to ascribe complete or partially exculpatory deficiencies. The focus of our criticism is this latter premise. We argue that it requires that psychopathy should correlate significantly with certain rational incapacities that manifest across contexts. We show that the available neuropsychological data do not support the claim that psychopaths have such general exculpatory incapacities. (shrink)

We seem to be responsible for our beliefs in a distinctively epistemic way. We often hold each other to account for the beliefs that we hold. We do this by criticising other believers as ‘gullible’ or ‘biased’, and by trying to persuade others to revise their beliefs. But responsibility for belief looks hard to understand because we seem to lack control over our beliefs. In this paper, I argue that we can make progress in our understanding of responsibility (...) for belief by thinking about it in parallel with another kind of responsibility: legal responsibility for criminal negligence. Specifically, I argue that that a popular account of responsibility for belief, which grounds it in belief’s reasons-responsiveness, faces a problem analogous to one faced by H.L.A. Hart’s influential capacity-based account of culpability. This points towards a more promising account of responsibility of belief, though, if we draw on accounts of negligence that improve on Hart’s. Broadly speaking, the account of negligence that improves on Hart’s account grounds culpability in a concern for others’ interests, whereas my account of epistemic responsibility grounds responsibility for belief in a concern for the truth. (shrink)

This paper investigates, from a philosophical perspective, whether high functioning autists are legally responsible for the crimes they may commit. We do this from the perspective of the Croatian legal system. According to Croatian Criminal Law, but also criminal laws adopted in many other countries, the legal responsibility of the person is undermined due to insanity when two conditions are satisfied. The first may be called the incapacity requirement. It states that a person, when committing the crime, (...) suffers cognitive or volitional incapacities or limited capacities that are relevant for exculpation. The second, we may call the mental disorder requirement, which states that these exculpatory incapacities are due to the presence of a mental disorder. In this paper we focus on the incapacity requirement. The review of the studies on executive functions deficits associated with high-functioning autism suggests that many autists should not be held categorically responsible for the crimes they may commit. Nonetheless, we argue that these impairments in executive functions generally do not provide an unqualified excuse. (shrink)

Our understanding of folk and scientific psychology often informs the law’s conclusions regarding questions about the voluntariness of a defendant’s action. The field of psychology plays a direct role in the law’s conclusions about a defendant’s guilt, innocence, and term of incarceration. However, physical sciences such as neuroscience increasingly deny the intuitions behind psychology. This paper examines contemporary biases against the autonomy of psychology and responds with considerations that cast doubt upon the legitimacy of those biases. The upshot is (...) that if reasonable doubt is established regarding whether psychology’s role in the law should be displaced, then there is room for future work to be done with respect to the truth of psychology’s conclusions about criminal responsibility. (shrink)

: The paper discusses the contribution that the neuroscience of action can offer to the legal understanding of action control and responsibility in the case of adult individuals. In particular, we address the issues that follow. What are the cognitive capacities that agents must display in order to be held liable to punishment in criminal law? Is the legal model of liability to punishment compatible with a scientifically informed understanding of voluntary behaviour? To what extent should the law (...) take into account people’s subjective feelings about their own actions? As a result of our analyses, we indicate some areas where the contribution of the neuroscience of action to the law is potentially relevant. We focus on the subjectivity mechanisms of action control, specifically the requirement that the agent must violate the law voluntarily in order to be held responsible, and on the factors that modulate the wrongdoer’s experience of agency. Overall, we advocate more cross-disciplinary work, aimed to bridge the gap between conceptual boundaries, on the theme of responsibility for actions. Keywords : Responsibility; Neurolaw; Sense of Agency; Criminal Law; Criminal Liability La responsabilità tra neuroscienza e diritto penale. La componente di controllo dell’imputabilità penale Riassunto : L’articolo discute il contributo che la neuroscienza dell’azione può offrire ai temi del controllo dell’azione e della responsabilità in ambito legale, nel caso degli individui adulti. In particolare, ci occuperemo delle questioni che seguono. Quali sono le abilità cognitive che un agente deve possedere per esser considerato penalmente responsabile e quindi punibile? Il modello legalistico della responsabilità è compatibile con il modello scientifico-naturalistico del comportamento umano? Fino a che punto variazioni nel senso di controllo soggettivo sulle azioni dovrebbero essere considerate un parametro rilevante in sede penale? Sulla scorta della nostra analisi, indicheremo alcune aree nelle quali il contributo della neuroscienza dell’azione a questioni legate al tema della responsabilità legale potrebbe rivelarsi rilevante. L’articolo si concentra sui meccanismi che regolano il senso soggettivo di controllo dell’azione – in particolare il requisito secondo il quale l’agente deve violare la legge volontariamente per essere ritenuto responsabile –, e sui fattori che modulano il senso di agentività del colpevole. In conclusione, difenderemo l’appropriatezza di una più ampia riflessione multi-disciplinare volta a ridurre le incompatibilità fra differenti approcci al tema della responsabilità per le nostre azioni. Parole chiave : Responsabilità; Neurodiritto; Senso di agentività; Diritto penale; Imputabilità penale. (shrink)

Facial electromyography research shows that corrugator supercilii ('frowning muscle') activity tracks the emotional valence of linguistic stimuli. Grounded or embodied accounts of language processing take such activity to reflect the simulation or ‘reenactment’ of emotion, as part of the retrieval of word meaning (e.g., of “furious”) and/or of building a situation model (e.g., for “Mark is furious”). However, the same muscle also expresses our primary emotional evaluation of things we encounter. Language-driven affective simulation can easily be at odds with the (...) reader’s affective evaluation of what language describes (e.g., when we like Mark being furious). To examine what happens in such cases, we independently manipulated simulation valence and moral evaluative valence in short narratives. Participants first read about characters behaving in a morally laudable or objectionable fashion: this immediately led to corrugator activity reflecting positive or negative affect. Next, and critically, a positive or negative event befell these same characters. Here, the corrugator response did not track the valence of the event, but reflected both simulation and moral evaluation. This highlights the importance of unpacking coarse notions of affective meaning in language processing research into components that reflect simulation and evaluation. Our results also call for a re-evaluation of the interpretation of corrugator EMG, as well as other affect-related facial muscles and other peripheral physiological measures, as unequivocal indicators of simulation. Research should explore how such measures behave in richer and more ecologically valid language processing, such as narrative; refining our understanding of simulation within a framework of grounded language comprehension. (shrink)

This short review examines the work of four Canadian scholars addressing a variety of questions about criminal responsibility. The essays under review are a small part of a recent collection of essays entitled “Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law.”.

Research misconduct has been thoroughly discussed in the literature, but mainly in terms of definitions and prescriptions for proper conduct. Even when case studies are cited, they are generally used as a repository of “lessons learned.” What has been lacking from this conversation is how the lessons of responsible conduct of research are imparted in the first place to graduate students, especially those in technical fields such as engineering. Nor has there been much conversation about who is responsible for what (...) in training students in Responsible Conduct of Research or in allocating blame in cases of misconduct. This paper explores three seemingly disparate cases of misconduct—the 2004 plagiarism scandal at Ohio University; the famous Robert Millikan article of 1913, in which his reported data selection did not match his notebooks; and the 1990 fabrication scandal in Dr. Leroy Hood’s research lab. Comparing these cases provides a way to look at the relationship between the graduate student (or trainee) and his/her advisor (a relationship that has been shown to be the most influential one for the student) as well as at possibly differential treatment for established researchers and researchers-in-training, in cases of misconduct. This paper reflects on the rights and responsibilities of research advisers and their students and offers suggestions for clarifying both those responsibilities and the particularly murky areas of research-conduct guidelines. (shrink)

The Concept of Law is the most important and original work of legal philosophy written this century. First published in 1961, it is considered the masterpiece of H.L.A. Hart's enormous contribution to the study of jurisprudence and legal philosophy. Its elegant language and balanced arguments have sparked wide debate and unprecedented growth in the quantity and quality of scholarship in this area--much of it devoted to attacking or defending Hart's theories. Principal among Hart's critics is renowned lawyer (...) and political philosopher Ronald Dworkin who in the 1970s and 80s mounted a series of challenges to Hart's Concept of Law. It seemed that Hart let these challenges go unanswered until, after his death in 1992, his answer to Dworkin's criticism was discovered among his papers. In this valuable and long-awaited new edition Hart presents an Epilogue in which he answers Dworkin and some of his other most influential critics including Fuller and Finnis. Written with the same clarity and candor for which the first edition is famous, the Epilogue offers a sharper interpretation of Hart's own views, rebuffs the arguments of critics like Dworkin, and powerfully asserts that they have based their criticisms on a faulty understanding of Hart's work. Hart demonstrates that Dworkin's views are in fact strikingly similar to his own. In a final analysis, Hart's response leaves Dworkin's criticisms considerably weakened and his positions largely in question. Containing Hart's final and powerful response to Dworkin in addition to the revised text of the original Concept of Law, this thought-provoking and persuasively argued volume is essential reading for lawyers and philosophers throughout the world. (shrink)

This is a book about the role that psychological impairment should play in a theory of criminal liability. Criminal guilt in the Anglo-American legal tradition requires both that the defendant committed some proscribed act and did so with intent, knowledge, or recklessness. The second requirement corresponds to the intuitive idea that people should not be punished for something they did not do 'on purpose' or if they 'did not realize what they were doing'. Unlike many works in this (...) area, this book addresses the automatism and insanity defences by examining the types of functional impairment that typical candidates for these defences actually suffer. What emerges is a much wider conceptual framework that allows us to understand the significance of psychological states and processes for the attribution of criminal responsibility in a manner that is logically coherent, morally defensible, and consistent with research in psychopathology. (shrink)

Recent years have seen psychoanalysis move out of the clinical area into the arena of empirical social research. This article uses a case study from a psychoanalytically informed media research project to explore conceptual, ethical, and methodological implications in research design in the light of this shift. The ideas of unconscious communication between interviewer and interviewee, the role of the researcher's subjectivity, and the impact of unconscious defences on the generation and interpretation of data are explored. In addition the free (...) association narrative interviewing (FANI) method is evaluated. (shrink)

Since the time of the Enlightenment in Western Europe, discussions of faith and reason have often pitted the believer against the skeptic, the theist against the atheist, and the person of one faith against the person of no professed faith. But the relation of reason to faith has been a matter of debate among believers as well. There are those who hold that religious faith can be proven or supported by rational argument. Others say that to try to give reasons (...) and arguments does violence to religious faith, or opens it to misunderstanding and doubt, or trivializes it. Responses to the Enlightenment: An Exchange on Foundations, Faith, and Community is a dialogue between Hendrik Hart and William Sweet, two philosophers who identify themselves as Christians, and who seek to respond to the challenges of the Enlightenment and its legacy. The authors approach the relation of faith to reason, however, in very different ways: Hart from the perspective of the Calvinian tradition and postmodern philosophy, Sweet from the Catholic tradition and analytic philosophy. Among the topics discussed are the nature of religious faith and of reason, liberalism and orthodoxy in religion, the relation of religious experience and rationality, and building community in a religiously and culturally pluralistic world. This exchange presents two distinctive perspectives to some of the major challenges of the reason to religious belief, but seeks to find common ground between them. (shrink)

Roger White argued for a principle of indifference. Hart and Titelbaum showed that White’s argument relied on an intuition about conditioning on biconditionals that, while widely shared, is incorrect. Hawthorne, Landes, Wallmann, and Williamson argue for a principle of indifference. Remarkably, their argument relies on the same faulty intuition. We explain their intuition, explain why it’s faulty, and show how it generates their principle of indifference. 1Introduction 2El Caminos and Indifference 2.1Overview 2.2Fins and antennas 2.3HLWW in the example 2.4The (...) restrictiveness of Condition 2 2.5Summary 3The Specifics of HLWW s Argument 3.1Mapping their conditions to our equations 3.2HLWW’s responses to objections. (shrink)

This article is an attempt to understand ethical theory not just as a set of well-developed philosophical perspectives but as a range of moral capacities that human beings more or less grow into over the course of their lives. To this end, we explore the connection between formal ethical theories and stage developmental psychologies, showing how individuals mature morally, regarding their duties, responsibilities, ideals, goals, values, and interests. The primary method is to extract from the writings of Kohlberg and his (...) students the cues that help to flesh out a developmental picture of a wide range of ethical perspectives. Thus, developmental psychology benefits from gaining a broader understanding of “morality” and “ethics,” and ethical theory benefits from a richer understanding of how moral maturity arises from youthful beginnings in juvenile and adolescent thinking. Results of this study offer insight into the difficulty of teaching ethics and a refined ability to assess moral maturity in business activity. (shrink)

In their upcoming article, Henk Jasper van Gils-Schmidt and Sabine Salloch highlight the supposed responsibilities of healthcare professionals in addressing the global health challenges posed by climate change. They argue that healthcare professionals’ duties to future generations and their ‘climate-related obligations’ have been neglected, primarily due to potential conflicts with other responsibilities, such as providing optimal care to current patients and maintaining patient trust. The authors suggest that these competing obligations should be viewed as part of the multifaceted identities individuals (...) hold, encompassing roles as both physicians and environmentalists, each with normative and competing commitments. They propose that a transformative shift in physicians’ professional ethos, expanding from the predominant focus on individual patients to include obligations towards climate protection, could pave the way for identifying effective mechanisms to address these challenges. While acknowledging the authors’ emphasis on sustainable healthcare practices, we argue that a duty to climate protection as part of healthcare professionals’ identity lacks ethical support. We identify serious concerns that stem from the transformative shift in physicians’ professional ethos, particularly in the authors’ presentation of reasons for action. First, envisaging a stable disposition that compels healthcare professionals to ensure optimal care conditions for both immediate and potential future encounters is unrealistic. Such a scenario would necessitate a nuanced and multifaceted evaluation, weighing …. (shrink)

This incisive book deals with the use of the criminal law to enforce morality, in particular sexual morality, a subject of particular interest and importance since the publication of the Wolfenden Report in 1957. Professor Hart first considers John Stuart Mill's famous declaration: "The only purpose for which power can be rightfully exercised over any member of a civilized community is to prevent harm to others." During the last hundred years this doctrine has twice been sharply challenged by (...) two great lawyers: Sir James Fitzjames Stephen, the great Victorian judge and historian of the common law, and Lord Devlin, who both argue that the use of the criminal law to enforce morality is justified. The author examines their arguments in some detail, and sets out to demonstrate that they fail to recognize distinction of vital importance for legal and political theory, and that they espouse a conception of the function of legal punishment that few would now share. (shrink)

The political shift toward an economic liberalism in many developed market economies, emphasizing the importance of the marketplace rather than government intervention in the economy and society (Dorman, Systematic Occupational Health and Safety Management: Perspectives on an International Development, 2000; Tombs, Policy and Practice in Health and Safety 3(1): 24-25, 2005; Walters, Policy and Practice in Health and Safety 03(2):3-19, 2005), featured a prominent discourse centered on the need for business flexibility and competitiveness in a global economy (Dorman, 2000; Tombs, (...) 2005). Alongside these developments was an increasing pressure for corporate social responsibility (CSR). The business case for CSR - that corporations would benefit from voluntarily being socially responsible — was increasingly promoted by governments and corporations as part of the justification for self-regulation. The aim of the article is to examine more closely the proposition that self-regulation is effective, with particular reference to the business case for workplace equality and safety. Based on a comprehensive literature review and documentary analysis, it was found that current predominant management discourse and practice focusing on diversity and safety management systems (OHSMS) resonate well with a government and corporate preference for the business case and self-regulation. However, the centrality of individual rather than organizational factors in diversity and OHSMS means that systemic discrimination and inherent workplace hazards are downplayed, making it less likely that employers will initiate structural remedies needed for real change. Thus, reliance on the business case in the argument for self-regulation is problematic. In terms of government policy and management practice, the business case needs to be supplemented by strong, proactive legislation, and worker involvement. (shrink)

An updated and extended second edition supporting the findings of its well-known predecessor which claimed that courts employ common-sense notions of causation in determining legal responsibility.

One of the earliest and best-known of Bentham's works, the Introduction to the Principles of Morals and Legislation sets out a profound and innovative philosophical argument. This definitive edition includes both the late H. L. A. Hart's classic essay on the work and a new introduction by F. Rosen.

In lieu of an abstract, here is a brief excerpt of the content:Key Concepts: Criminal ResponsibilityCarl Elliott (bio)AbstractMentally disordered persons occasionally do things for which we would ordinarily blame or even punish a non-disordered person. We often do not blame mentally disordered persons for these actions, however, because we regard mental disorders, at least in some circumstances, as an excuse from moral responsibility. For moral philosophy and the law, the challenge is to understand the specific circumstances under which (...) a mental disorder should excuse an offender from responsibility for his or her actions. Because different types of psychopathology influence a person’s intentions and character in very different ways, judgments of responsibility crucially depend upon the specific nature of a mental disorder. They also depend on adequate understandings of concepts such as moral understanding, especially in the case of psychopathy, as well as an understanding of the reasons why mental disorders may excuse a person from responsibility.Keywordsintention, M’Naghten Rules, irresistible impulse, personality disorders, psychopathyThe mentally ill often do things for which they are not responsible. This has long been recognized, by both morality and the law. But just which mentally ill persons should be excused, and under what circumstances, is an altogether more complicated affair.In the Nicomachean Ethics, Aristotle distinguishes two types of involuntary actions, for which (by implication) a person might be excused from responsibility: those done in ignorance, and those that were compelled. Both excuses are variations on the theme of non-intention. If a person did not intend to act as he did—either because he did not know what he was doing, or because he could not help acting as he did—then he is not responsible for the action. Intention is also a key point for the law, which traditionally has said that for a crime to have been committed, it must be accompanied by evil intent, or mens rea (literally, “guilty mind.”)The problem comes in saying how these distinctions play out for the mentally ill offender. The most widely used standards for determining criminal (legal) responsibility are based on the M’Naghten Rules, which excuse a person from responsibility for an act if, as a result of a mental disorder, he did not know the nature and quality of the act, or did not know that the act was wrong. This standard works nicely for the paradigmatic cases of mentally ill offenders; it would excuse, for example, the person with paranoid schizophrenia who strikes out violently at a person he falsely believes is threatening his life. However, it is unclear on several other points, the most famous of which relates to Aristotle’s excusing condition of compulsion. How should we regard those people, for example, whose psychosis impairs their ability to control their behavior, or whose mental disorders involve the control of their unusual desires, such as kleptomania, pyromania, pedophilia and voyeurism? Many of the [End Page 305] latter such persons are aware of the nature and quality of what they desire to do, and they are aware that it is wrong, but they find great difficulty in resisting their desires.One well-known effort to remedy this deficiency was the “irresistible impulse” test, which excused those persons who as a result of their condition had acted on desires that were irresistible. Yet the difference between an irresistible desire and a desire not resisted has proven notoriously difficult to distinguish, in practice as well as in theory.Another chronic source of philosophical controversy is the question of responsibility for one’s character. In psychiatry, this debate surfaces most often with patients who have personality disorders. Ordinarily, since persons cannot control whether they incur a mental illness, they can be excused from responsibility for some actions they have taken while they were mentally ill. However, personality disorders are also (in some sense) beyond a person’s control, being the product of genetic inheritance and upbringing. This raises old issues of psychological determinism: if personality disorders are beyond a person’s control, is it just to hold that person responsible for the actions that result from them?On the other hand, even if personality disorders are within the proper domain of psychiatry, they are obviously quite different from... (shrink)

Recognized as one of the leading philosophers and Jewish thinkers of the twentieth century, Emil Ludwig Fackenheim has been widely praised for his boldness, originality, and profundity. As is well-known, a striking feature of Fackenheim's thought is his unwavering contention that the Holocaust brought about a radical shift in human history, so monumental and unprecedented that nothing can ever be the same again. Fackenheim regarded it as the specific duty of thinkers and scholars to assume responsibility to probe this (...) historical event for its impact on the human future and to make its immense ramifications evident. In Emil Fackenheim's Post-Holocaust Thought and Its Philosophical Sources, scholars consider important figures in the history of philosophy--including Kant, Hegel, Heidegger, and Strauss--and trace how Fackenheim's philosophical confrontations with each of them shaped his overall thought. This collection details which philosophers exercised the greatest influence on Fackenheim, and how he diverged from them. Incorporating widely varying approaches, the contributors in the volume wrestle with this challenge historically, politically, and philosophically in order to illuminate the depths of Fackenheim's own thought. (shrink)

Historically, laws and policies to criminalize drug use or possession were rooted in explicit racism, and they continue to wreak havoc on certain racialized communities. We are a group of bioethicists, drug experts, legal scholars, criminal justice researchers, sociologists, psychologists, and other allied professionals who have come together in support of a policy proposal that is evidence-based and ethically recommended. We call for the immediate decriminalization of all so-called recreational drugs and, ultimately, for their timely and appropriate legal regulation. (...) We also call for criminal convictions for nonviolent offenses pertaining to the use or possession of small quantities of such drugs to be expunged, and for those currently serving time for these offenses to be released. In effect, we call for an end to the “war on drugs.”. (shrink)

OBJECTIVE: Questions have been posed about the competence of persons with serious mental illness to consent to participate in clinical research. This study compared competence-related abilities of hospitalized persons with schizophrenia with those of a comparison sample of persons from the community who had never had a psychiatric hospitalization. METHODS: The study participants were administered the MacArthur Competence Assessment Tool for Clinical Research (MacCAT-CR), a structured instrument designed to aid in the assessment of competence to consent to clinical research. The (...) scores of 27 persons who met DSM-IV criteria for schizophrenia who were long-stay patients on a state hospital research ward were compared with those of 24 individuals from the community who were of similar age, gender, race, and socioeconomic status. RESULTS: Significant differences were found between the patients and the community sample on three measures of competence-related abilities: understanding, reasoning, and appreciation. Degree of psychopathology and cognitive functioning were significantly negatively correlated with understanding and appreciation among the patients with schizophrenia. Length of hospitalization was significantly negatively correlated with all measures of decision-making capacities. CONCLUSIONS: The generally poor performance of the long-stay patients with chronic schizophrenia highlights the difficulties this group is likely to encounter in providing consent to research. However, variation across the sample points to the need for individualized assessment and for validated techniques for facilitating decision making in the face of decisional impairments. (shrink)

Despite the recent ferocious public debate about belief, the concept most central to the discussion—God—frequently remains vaguely and obscurely described. Are those engaged in these arguments even talking about the same thing? In a wide-ranging response to this confusion, esteemed scholar David Bentley Hart pursues a clarification of how the word “God” functions in the world’s great theistic faiths. Ranging broadly across Judaism, Christianity, Islam, Vedantic and Bhaktic Hinduism, Sikhism, and Buddhism, Hart explores how these great intellectual traditions (...) treat humanity’s knowledge of the divine mysteries. Constructing his argument around three principal metaphysical “moments”—being, consciousness, and bliss—the author demonstrates an essential continuity between our fundamental experience of reality and the ultimate reality to which that experience inevitably points. Thoroughly dismissing such blatant misconceptions as the deists' concept of God, as well as the fundamentalist view of the Bible as an objective historical record, Hart provides a welcome antidote to simplistic manifestoes. In doing so, he plumbs the depths of humanity’s experience of the world as powerful evidence for the reality of God and captures the beauty and poetry of traditional reflection upon the divine. (shrink)

This is a book about the role that psychological impairment should play in a theory of criminal liability. Criminal guilt in the Anglo-American legal tradition requires both that the defendant committed some proscribed act and did so with intent, knowledge, or recklessness. The second requirement corresponds to the intuitive idea that people should not be punished for something they did not do 'on purpose' or if they 'did not realize what they were doing'. Unlike many works in this (...) area, this book addresses the automatism and insanity defences by examining the types of functional impairment that typical candidates for these defences actually suffer. What emerges is a much wider conceptual framework that allows us to understand the significance of psychological states and processes for the attribution of criminal responsibility in a manner that is logically coherent, morally defensible, and consistent with research in psychopathology. (shrink)

Leo Strauss is widely recognized as one of the foremost interpreters of Maimonides. His studies of the medieval Jewish philosopher led to his rediscovery of esotericism and deepened his sense that the tension between reason and revelation was central to modern political thought. His writings throughout the twentieth century were chiefly responsible for restoring Maimonides as a philosophical thinker of the first rank. Yet, to appreciate the extent of Strauss’s contribution to the scholarship on Maimonides, one has traditionally had to (...) seek out essays he published separately spanning almost fifty years. With _Leo Strauss on Maimonides_, Kenneth Hart Green presents for the first time a comprehensive, annotated collection of Strauss’s writings on Maimonides, comprising sixteen essays, three of which appear in English for the first time. Green has also provided careful translations of materials that had originally been quoted in Hebrew, Arabic, Latin, German, and French; written an informative introduction highlighting the original contributions found in each essay; and brought references to out-of-print editions fully up to date. The result will become the standard edition of Strauss’s writings on Maimonides. (shrink)

The philosopher John J. McDermott comes out of the long American tradition that takes the aim of philosophical inquiry to be interpretation of the open meanings of experience, so that we might all live fuller and richer lives. Here, the authors of these nine essays explore his highly original interpretations of philosophy's various questions about our shared existence. How are we to understand the nature of American culture and to carry forward its important contributions? What is the personal importance of (...) embodiment, of living in the realization of death? How does our physical and personal environment nourish bodies and spirits? What does the deliberate pursuit of a morality offer us? How can we carry forward the fundamental tasks of education to enable those who follow us to use our shared past to address their civic and spiritual problems? What are the possibilities for community? Together, these essays offer a clear, multi-layered understanding of the compelling vision that McDermott has presented over the years. In an Afterword, McDermott responds to the authors' queries and concerns, offering a restatement of his understanding of the American philosopher's task. These essays indicate, and McDermott's response confirms, that for him philosophy is not a purely cerebral activity. Philosophy is, rather, an intellectual means of exploring the fullness of human experience, and it functions best when it operates in the context of the broad sweep of the humanities. Similarly, for McDermott the self is no given substantial entity. On the contrary, it is relational, rooted geographically and socially in its place and its fellows, and damaged when these life-giving processes fail. Further, McDermott does not accept any ultimate canopy of meaning. The human journey is a personal project within which provisional meanings must be created to sustain our advance. (shrink)

The philosopher John J. McDermott comes out of the long American tradition that takes the aim of philosophical inquiry to be interpretation of the open meanings of experience, so that we might all live fuller and richer lives. Here, the authors of these nine essays explore his highly original interpretations of philosophy's various questions about our shared existence. How are we to understand the nature of American culture and to carry forward its important contributions? What is the personal importance of (...) embodiment, of living in the realization of death? How does our physical and personal environment nourish bodies and spirits? What does the deliberate pursuit of a morality offer us? How can we carry forward the fundamental tasks of education to enable those who follow us to use our shared past to address their civic and spiritual problems? What are the possibilities for community? Together, these essays offer a clear, multi-layered understanding of the compelling vision that McDermott has presented over the years. In an Afterword, McDermott responds to the authors' queries and concerns, offering a restatement of his understanding of the American philosopher's task. These essays indicate, and McDermott's response confirms, that for him philosophy is not a purely cerebral activity. Philosophy is, rather, an intellectual means of exploring the fullness of human experience, and it functions best when it operates in the context of the broad sweep of the humanities. Similarly, for McDermott the self is no given substantial entity. On the contrary, it is relational, rooted geographically and socially in its place and its fellows, and damaged when these life-giving processes fail. Further, McDermott does not accept any ultimate canopy of meaning. The human journey is a personal project within which provisional meanings must be created to sustain our advance. (shrink)

This essay consists of responses to several papers on my book *Kingdoms of God.*.

_From one of the most revered scholars of religion, an incisive explanation of how the word “God” functions in the world’s great faiths_ Despite the recent ferocious public debate about belief, the concept most central to the discussion—God—frequently remains vaguely and obscurely described. Are those engaged in these arguments even talking about the same thing? In a wide-ranging response to this confusion, esteemed scholar David Bentley Hart pursues a clarification of how the word “God” functions in the world’s great (...) theistic faiths. Ranging broadly across Judaism, Christianity, Islam, Vedantic and Bhaktic Hinduism, Sikhism, and Buddhism, Hart explores how these great intellectual traditions treat humanity’s knowledge of the divine mysteries. Constructing his argument around three principal metaphysical “moments”—being, consciousness, and bliss—the author demonstrates an essential continuity between our fundamental experience of reality and the ultimate reality to which that experience inevitably points. Thoroughly dismissing such blatant misconceptions as the deists' concept of God, as well as the fundamentalist view of the Bible as an objective historical record, Hart provides a welcome antidote to simplistic manifestoes. In doing so, he plumbs the depths of humanity’s experience of the world as powerful evidence for the reality of God and captures the beauty and poetry of traditional reflection upon the divine. (shrink)