Exploring the role of values in scientific inquiry, Hugh Lacey examines the nature and meaning of values, and looks at challenges to the view, posed by postmodernists, feminists, radical ecologists, Third-World advocates and religious fundamentalists, that science is value free. He also focuses on discussions of 'development', especially in Third World countries. This paperback edition includes a new preface.
Herbert Lionel Adolphus Hart was born in Yorkshire in 1907 to second generation Jewish immigrants. Having won a scholarship to Oxford University, he went on to become the most famous legal philosopher of the twentieth century. From 1932-40 H.L.A Hart practised as a barrister in London. He was pronounced physically unfit for military service in 1940, and was recruited by MI5, where he worked until 1945. During his time at the Bar he had continued to study philosophy and at M15 (...) his interest was further stimulated by his philosopher colleagues in M16, Stuart Hampshire and Gilbert Ryle. After the war, Hart returned to Oxford to take up a philosophy fellowship, later to become Professor of Jurisprudence. H.L.A Hart single-handedly reinvented the philosophy of law and influenced the nation's thinking in the 1960s on abortion, the legalization of homosexuality, and on capital punishment. Hart's approach to legal philosophy was at once disarmingly simple and breathtakingly ambitious, combining as it did the insights of Austin and Bentham and the new linguistic philosophy of J.L. Austin and Ludwig Wittgenstein. He sought to elucidate a concept of law which would be of relevance to all forms of law, wherever or whenever they arose: his bestselling book, The Concept of Law, has sold tens of thousands of copies worldwide. In 1941, he married Jenifer Williams (a high-ranking civil servant, later an Oxford academic) with whom he had four children. Their relationship was an enduring if unconventional one. In the early 1950s, Jenifer was rumoured to be having a long-standing affair with Isaiah Berlin, one of Hart's closest friends. She was also, falsely, accused by the Sunday Times of having been a Russian spy, an allegation which was all the more scandalous given Hart's position at MI5 during the War. Nicola Lacey draws on Hart's previously unpublished diaries and letters to reveal a complex inner life. Outwardly successful, Hart was in fact tormented by doubts about his intellectual abilities, his sexual identity and his capacity to form close relationships. Her biography also sheds fascinating light on the origins of his ideas, and assesses his overall contribution. Above all, it chronicles of a life which had a depth ands impact far greater than many of Hart's readers have realized. (shrink)
To generations of lawyers, H. L. A. Hart is known as the twentieth century's greatest legal philosopher. Whilst his scholarship revolutionized the study of law, as a social commentator he gave intellectual impetus to the liberalizing of society in the 1960s. But behind his public success, Hart struggled with demons. His Jewish background, ambivalent sexuality, and unconventional marriage all fuelled his psychological complexity; allegations of espionage, though immediately quashed, nearly destroyed him. Nicola Lacey s biography explores the forces that (...) shaped an extraordinary life. (shrink)
Nicola Lacey presents a new approach to the question of the moral justification of punishment by the State. She focuses on the theory of punishments in context of other political questions, such as the nature of political obligation and the function and scope of criminal law. Arguing that no convincing set of justifying reasons has so far been produced, she puts forward a theory of punishments which places the values of the community at its centre.
Nicola Lacey presents a new approach to the question of the moral justification of punishment by the State. She focuses on the theory of punishments in context of other political questions, such as the nature of political obligation and the function and scope of criminal law. Arguing that no convincing set of justifying reasons has so far been produced, she puts forward a theory of punishments which places the values of the community at its centre.
Shortlisted for the 2005 British Academy Book prize, Nicola Lacey's entrancing biography recounts the life of H.L.A. Hart, the pre-eminent legal philosopher of the twentieth century. Following Hart's life from modest origins as the son of Jewish tailor parents in Yorkshire to worldwide fame as the most influential English-speaking legal theorist of the post-War era, the book traces his successive metamorphoses; from Yorkshire schoolboy to Oxford scholar, from government intelligence officer to Professor of Jurisprudence, from awkward batchelor to family (...) figurehead. In the tradition of Ray Monk's biography of Wittgenstein, Nicola Lacey paints an absorbing picture of intellectual and psychological development, of a mind struggling to cope with intellectual self-doubt, uncertain sexuality, a difficult marriage and an anti-semitic society. In depicting the evolution of Hart's life and mind, Lacey provides a vivid recreation of both the intellectual and social climate of Oxford in the post-War era. (shrink)
Progress and the values it secretes Content Type Journal Article Pages 1-3 DOI 10.1007/s11016-010-9519-8 Authors Hugh Lacey, Department of Philosophy, Swarthmore College, 500 College Ave, Swarthmore, PA 19081, USA Journal Metascience Online ISSN 1467-9981 Print ISSN 0815-0796.
What makes someone responsible for a crime and therefore liable to punishment under the criminal law? Modern lawyers will quickly and easily point to the criminal law's requirement of concurrent actus reus and mens rea, doctrines of the criminal law which ensure that someone will only be found criminally responsible if they have committed criminal conduct while possessing capacities of understanding, awareness, and self-control at the time of offense. Any notion of criminal responsibility based on the character of the offender, (...) meaning an implication of criminality based on reputation or the assumed disposition of the person, would seem to today's criminal lawyer a relic of the 18th Century. In this volume, Nicola Lacey demonstrates that the practice of character-based patterns of attribution was not laid to rest in 18th Century criminal law, but is alive and well in contemporary English criminal responsibility-attribution. Building upon the analysis of criminal responsibility in her previous book, Women, Crime, and Character, Lacey investigates the changing nature of criminal responsibility in English law from the mid-18th Century to the early 21st Century. Through a combined philosophical, historical, and socio-legal approach, this volume evidences how the theory behind criminal responsibility has shifted over time. The character and outcome responsibility which dominated criminal law in the 18th Century diminished in ideological importance in the following two centuries, when the idea of responsibility as founded in capacity was gradually established as the core of criminal law. Lacey traces the historical trajectory of responsibility into the 21st Century, arguing that ideas of character responsibility and the discourse of responsibility as founded in risk are enjoying a renaissance in the modern criminal law. These ideas of criminal responsibility are explored through an examination of the institutions through which they are produced, interpreted and executed; the interests which have shaped both doctrines and institutions; and the substantive social functions which criminal law and punishment have been expected to perform at different points in history. (shrink)
This book offers an account of how values play an important role within scientific practices, and how this account illuminates many ethical issues that arise concerning scientific practices and applications.
Within contemporary penal philosophy, the view that punishment can only be justified if the offender is a moral agent who is responsible and hence blameworthy for their offence is one of the few areas on which a consensus prevails. In recent literature, this precept is associated with the retributive tradition, in the modern form of ‘just deserts’. Turning its back on the rehabilitative ideal, this tradition forges a strong association between the justification of punishment, the attribution of responsible agency in (...) relation to the offence, and the appropriateness of blame. By contrast, effective clinical treatment of disorders of agency employs a conceptual framework in which ideas of responsibility and blameworthiness are clearly separated from what we call ‘affective blame’: the range of hostile, negative attitudes and emotions that are typical human responses to criminal or immoral conduct. We argue that taking this clinical model of ‘responsibility without blame’ into the legal realm offers new possibilities. Theoretically, it allows for the reconciliation of the idea of ‘just deserts’ with a rehabilitative ideal in penal philosophy. Punishment can be reconceived as consequences—typically negative but occasionally not, so long as they are serious and appropriate to the crime and the context—imposed in response to, by reason of, and in proportion to responsibility and blameworthiness, but without the hard treatment and stigma typical of affective blame. Practically, it suggests how sentencing and punishment can better avoid affective blame and instead further rehabilitative and related ends, while yet serving the demands of justice. (shrink)
This article responds to Janet Kourany’s proposal, in Philosophy of Science after Feminism, that scientific practices be held to the ideal of ‘socially responsible science’, to produce results that are not only cognitively sound, but also significant in the light of values ‘that can be morally justified’. Kourany also urges the development of ‘contextualized philosophy of science’—of which feminist philosophy of science is exemplary—that is ‘politically engaged’ and ‘activist’, ‘informed by analyses of the actual ways in which science interacts with (...) the wider society in which it occurs, the ways in which science is shaped by and in turn shapes society’, and that can contribute to understanding both the cognitive and social dimensions of science. Although I share Kourany’s commitment to contextualized philosophy of science, I question her proposed ideal of ‘socially responsible science’ and the grounds she provides for adopting it. My argument leads me to defend rehabilitating the traditional ideal of the ‘neutrality’ of science, which I reinterpret as the ideal of ‘inclusiveness and evenhandedness’. (shrink)
Critics have argued that behaviorism must necessarily be inadequate to account for complex human behavior whereas cognitive psychology is adequate to account for such behavior. Recently, Fodor has focused this criticism on certain situations in which humans choose among a set of alternatives. We argue that this criticism applies to forms of behaviorism that are reductionistic but not to non-reductionistic behaviorisms like that of Skinner. Non-reductionistic behaviorism can be used to interpret human choice situations of varying degrees of complexity. Such (...) interpretations run into difficulty in accounting for certain aspects of verbal behavior, but so do cognitive theories. Although nothing, in principle, prohibits either type of theory from accounting for complex human behavior, neither current behavioral theory nor current cognitive theory is developed enough at the present time to do so. (shrink)
A new approach to sentencing Not Just Deserts inaugurates a radical shift in the research agenda of criminology. The authors attack currently fashionable retributivist theories of punishment, arguing that the criminal justice system is so integrated that sentencing policy has to be considered in the system-wide context. They offer a comprehensive theory of criminal justice which draws on a philosophical view of the good and the right, and which points the way to practical intervention in the real world of incremental (...) reform. They put the case for a criminal justice system which maximizes freedom in the old republican sense of the term, and which they call `dominion'. (shrink)
The central question addressed is: How should scientific research be conducted so as to ensure that nature is respected and the well being of everyone everywhere enhanced? After pointing to the importance of methodological pluralism for an acceptable answer and to obstacles posed by characterizing scientific methodology too narrowly, which are reinforced by the ‘commercial-scientific ethos’, two additional questions are considered: How might research, conducted in this way, have impact on—and depend on—strengthening democratic values and practices? And: What is thereby (...) implied for the responsibilities of scientists today? (shrink)
I consider the questions, central to recent disagreements between Longino and Kitcher: Is it constitutive of making judgments of the cognitive acceptability of theories that they be made under certain social relations (that embody specific social values) that have been cultivated among investigators (Longino)? Or is making them (sound ones) just a consequence of social interactions that occur under these relations (Kitcher)? While generally endorsing the latter view, I make a distinction, not made by Longino, between sound acceptance and endorsement (...) of a theory, and argue that her view applies to endorsement. (shrink)
Despite the emergence of corporate social responsibility, the impact of CSR efforts on customer relationships remains decidedly unclear. Moreover, previous studies have examined CSR in cross-sectional, experimental, and/or artificial settings. Through field survey data collected at both the beginning (n = 750) and conclusion (n = 469) of the 2007-2008 NBA season, the authors investigate linkages between customers' perceptions of the CSR performance of an NBA team and the strength of their relationship with this same organization. With all respondents of (...) the latter survey participating in both samples, the authors assess how CSR performance impacts customer relationships over time. The findings show how a firm that engages in CSR initiatives may reap rewards by building trusting and committed customer relationships which, in turn, help forge desirable customer behaviors. The results also demonstrate how CSR's influence strengthens over the course of the tested business cycle, thus yielding revealing insights to academics and practitioners when it comes to understanding the real-world impact of CSR performance for strengthening customer relationships. (shrink)
Technoscientific research, a kind of scientific research conducted within the decontextualized approach (DA), uses advanced technology to produce instruments, experimental objects, and new objects and structures, that enable us to gain knowledge of states of affairs of novel domains, especially knowledge about new possibilities of what we can do and make, with the horizons of practical, industrial, medical or military innovation, and economic growth and competition, never far removed from view. The legitimacy of technoscientific innovations can be appraised only in (...) the course of considering fully what sorts of objects technoscientific objects are: objects that embody scientific knowledge confirmed within DA; physical/chemical/biological objects, realizations of possibilities discovered in research conducted within DA, brought to realization by means of technical/experimental/instrumental interventions; and components of social/ecological systems, objects that embody the values of technological progress and (most of them) values of capital and the market. What technoscientific objects are - their powers, tendencies, sources of their being, effects on human beings and social/economic systems, how they differ from non technoscientific objects - cannot be grasped from technoscientific inquiry alone; scientific inquiry that is not reducible to that conducted within DA is also needed. The knowledge that underlies and explains the efficacy of technoscientific objects is never sufficient to grasp what sorts of object they are and could become. Science cannot be reduced to technoscience. (shrink)
What do you do when faced with wrongdoing—do you blame or do you forgive? Especially when confronted with offences that lie on the more severe end of the spectrum and cause terrible psychological or physical trauma or death, nothing can feel more natural than blame. Indeed, in the UK and the USA, increasingly vehement and righteous public expressions of blame and calls for vengeance have become commonplace; correspondingly, contemporary penal philosophy has witnessed a resurgence of the retributive tradition, in the (...) modern form usually known as the ‘justice’ model. On the other hand, people can and routinely do forgive others, even in cases of severe crime. Evolutionary psychologists argue that both vengeance and forgiveness are universal human adaptations that have evolved as alternative responses to exploitation, and, crucially, strategies for reducing risk of re-offending. We are naturally endowed with both capacities: to blame and retaliate, or to forgive and seek to repair relations. Which should we choose? Drawing on evolutionary psychology, we offer an account of forgiveness and argue that the choice to blame, and not to forgive, is inconsistent with the political values of a broadly liberal society and can be instrumentally counter-productive to reducing the risk of future re-offending. We then sketch the shape of penal philosophy and criminal justice policy and practice with forgiveness in place as a guiding ideal. (shrink)
Cognitive values are the characteristics that are constitutive of good theories, the criteria to which we appeal when choosing among competing theories. I argue that, in order to count as a cognitive value, a characteristic must be needed to explain actually made theory choices, and its cognitive significance must be well defended especially in view of considerations derived from the objective of science. A number of proposed objectives of science are entertained, and it is argued that adopting a par-ticular objective (...) is dialectically intertwined with commitment to certain social values.Then, the ways in which science is, and is not value free is explored briefly, leading to the identification of a level of analysis where values may influence theory choice without causing paradox or threatening the impartiality of soundly-made scientific judgments. (shrink)
In the current controversy about the value of transgenic crops, matters open to empirical inquiry are centrally at issue. One such matter is a key premise in a common argument (that I summarize) that transgenic crops should be considered to have universal value. The premise is that there are no alternative forms of agriculture available to enable the production of sufficient food to feed the world. The proponents of agroecology challenge it, claiming that agroecology provides an alternative, and they deny (...) the claim that it is well founded on empirical evidence. It is, therefore, a matter of both social and scientific importance that this premise and the criticisms of it be investigated rigorously and empirically, so that the benefits and disadvantages of transgenic-intensive agriculture and agroecology can be compared in a reliable way. Conducting adequate investigation about the potential contribution of agroecology requires that the cultural conditions of its practice (and, thus, of the practices and movements of small-scale farmers in the “third world”) be strengthened—and this puts the interests of investigation into tension with the socio-economic interests driving the development of transgenics. General issues about relationship between ethical argument and empirical (scientific) investigation are raised throughout the article. (shrink)
This paper considers the interpretive significance of the intersecting relationships between different conceptions of responsibility as they shift over space and time. The paper falls into two main sections. The first gives an account of several conceptions of responsibility: two conceptions founded in ideas of capacity; two founded in ideas of character, and one founded in the relationship between an agent and the outcome which she causes. The second main section uses this differentiated conceptual account to analyse and interpret certain (...) aspects of the contemporary criminal law of England and Wales. In conclusion, the paper considers a number of hypotheses about what the evidence of certain shifts in the relationship between the three families of responsibility-conception can tell us about the current state and significance of criminal law among other systems of social governance. (shrink)
In his latest monograph, The Realm of Criminal Law, Antony Duff gives us a further, magisterial statement of the vision of criminal law, its procedural framework, and its sanctioning system, which he has been developing over the past 35 years. This is Duff’s own book-length contribution to the tremendously fruitful collaborative Criminalization project. That project has already generated four edited volumes and two fine monographs by Farmer and Tadros. It will shape the field for decades to come; and it has (...) decisively laid to rest a longstanding puzzle about why, within criminal law theory, the principles underlying criminalisation had received relatively little attention as compared with those underlying, most obviously, criminal responsibility. (shrink)
It has been proposed that the policies and practices of food sovereignty, unlike those of today's hegemonic food/agricultural system, provide the means for satisfying and safeguarding the right to food security for everyone everywhere. My principal objective in this article, which gains its significance in the light of an explanatory critique of the current system, is to explore how scientific research — using what kinds of methodologies, and building on experiences of what and of whom? — can constructively inform these (...) practices and policies, and contribute towards appraising this proposal. (shrink)
In this paper, the author suggest that the historical and institutional conditions of existence of the concepts which animate legal argumentation – like the historical and institutional conditions of existence of certain forms of law – are of interest not only in their own right, but also because they raise methodological issues for jurisprudence. These include questions about the relationship between concepts and the social phenomena which they purport to categorise; about the relationship between philosophical and other forms of legal (...) theory; and about how a jurisprudence largely dominated by philosophical methods may be brought into productive dialogue with other forms of theoretical analysis. Only by broadening both its horizons and its methods, the author argues, will jurisprudence be capable of illuminating not only doctrinal analysis within particular jurisdictions at particular times, but also comparative and historical scholarship. (shrink)
This paper puts the famous story of Jekyll and Hyde to work for a specific analytic purpose. The question of responsibility for crime, complicated by the divided subjectivity implicit in Mr. Hydeâs appearance, and illuminated by Robert Louis Stevensonâs grasp of contemporary psychiatric, evolutionary and medical thought as promising new technologies for effecting a distinction between criminality and innocence, is key to the interest of the story. I argue that Jekyll and Hyde serves as a powerful metaphor both for specifically (...) late Victorian perplexities about criminality and criminal responsibility, and for more persistently troubling questions about the legitimacy of and practical basis for criminalization. A close reading of the story illustrates the complex mix of elements bearing on criminal responsibility-attribution, andâincidentallyâhelps to explain what is wrong with the influential argument that, by the end of the nineteenth Century, attributions of responsibility in English criminal law already rested primarily and unambiguously on factual findings about the defendantâs state of mind. Far from representing the triumph of a practice of responsibility-attribution grounded in the assessment of whether the defendantâs capacities were fully engaged, I argue that the terrain of mental derangement defences in late nineteenth Century England helps us to understand that longer-standing patterns of moral evaluation of character remained central to the criminal process. And precisely because âcharacterâ remained key to the institutional effort to distinguish criminality and innocence, the âterrorâ of Stevensonâs story resides in its questioning of whether either scientific knowledge or moral evaluation of character can provide a stable basis for attributions of responsibility. In conclusion, I will also suggest that Stevensonâs tale can help us to make sense of the resurgence of overtly âcharacter-basedâ practices of responsibility attribution in contemporary Britain and the United States, which themselves reflect a renewed crisis of confidence in our ability to effect a âdissociationâ between criminality and innocence. (shrink)
I distinguish three matters about which decisions have to be made in scientific activities: (1) adoption of strategy; (2) acceptance of data, hypotheses, and theories; and (3) application of scientific knowledge. I argue that, contrary to the common view that only concerning (3) do values have a legitimate role, value judgments often play indispensable roles in connection with decisions concerning (1)—that certain values may not only be furthered by applications of the scientific knowledge gained under a strategy, but they may (...) also provide a primary reason for conducting research under the strategy. However, this is compatible with making decisions concerning (2) that in no way draw upon values. While, in my opinion, this account applies to all the sciences, it has special salience in the behavioral and cognitive sciences. The behavioral scientist, qua scientist, makes value judgments when making decisions about which strategy to adopt, but not when deciding which theories to accept as providing knowledge and understanding of specified domains of phenomena. (shrink)
