How does the human animal who thinks and loves relate to criminal justice? This essay takes up the idea of a moral psychology of guilt promoted by Bernard Williams and Herbert Morris. Against modern liberal society’s ‘peculiar’ legal morality of voluntary responsibility, it pursues Morris’s ethical account of guilt as involving atonement and identification with others. Thinking of guilt in line with Morris, and linking it with the idea of moral psychology, takes the essay to Freud’s metapsychology in Civilization and (...) Its Discontents. Two conflicting routes to guilt are noted in Freud, one involving internalisation of external anger to suppress destructive instincts, the other loving identification with others in the process of self-formation. This second route is developed through the psychoanalytic thought of Hans Loewald and Jonathan Lear. Following Loewald, the moral psychology of self-formation makes loving identification with others the root of responsibility, guilt and atonement. Following Lear, the moral psychology of guilt developed on these lines renders psychoanalysis part of a broadly understood philosophical project following Aristotelian and Socratic principles. Underlying Morris’s account of guilt is the possibility of ‘prospective identification’, understood as the moral and psychological ground of guilt and reconciliation. This is the rational core of criminal justice, which maintains an uneasy relationship with law’s ‘peculiar’ morality. (shrink)

In this wide-ranging interview Alan Norrie discusses how he became involved with Critical Realism, his work on Dialectical Critical Realism, and responses to it amongst the Critical Realist communi...

Introduction: Natural necessity, being, and becoming -- Accentuate the negative -- Diffracting dialectic -- Opening totality -- Constellating ethics -- Metacritique I : philosophy's primordial failing -- Metacritique II : dialectic and difference -- Conclusion: Natural necessity and the grounds of justice : natural necessity as material meshwork.

The focus of this essay is on how we overcome the past by dealing with it. In this setting, the analysis is of the relationship between ‘moral transactions’ concerning blame, guilt, responsibility, apology and forgiveness and the possibility of transition away from states of trauma. The first section draws on previous work to set out a position on human love as the basis for an understanding of guilt and the ‘moral grammar’ of justice. The second section considers Martha Nussbaum’s claim (...) in Anger and Forgiveness that the idea of transition should be prioritized at the cost of a moral transactional analysis that would engage the moral grammar of blame, guilt, responsibility, apology and forgiveness. The latter is seen as potentially obstructing the transition to a better world. I suggest to the contrary there are grounds for thinking that a successful transition requires relevant moral transactions. (shrink)

The focus of this essay is on how we overcome the past by dealing with it. In this setting, the analysis is of the relationship between ‘moral transactions’ concerning blame, guilt, responsibility, apology and forgiveness and the possibility of transition away from states of trauma. The first section draws on previous work to set out a position on human love as the basis for an understanding of guilt and the ‘moral grammar’ of justice. The second section considers Martha Nussbaum’s claim (...) in Anger and Forgiveness that the idea of transition should be prioritized at the cost of a moral transactional analysis that would engage the moral grammar of blame, guilt, responsibility, apology and forgiveness. The latter is seen as potentially obstructing the transition to a better world. I suggest to the contrary there are grounds for thinking that a successful transition requires relevant moral transactions. (shrink)

Christian Smith’s To Flourish or Destruct is a thorough, sustained, and impassioned argument for what the author calls ‘critical realist personalism’. This is an ontologically based theory of the p...

This book addresses the retributive and "orthodox subjectivist" theories that dominate criminal justice theory alongside recent "revisionist" and "postmodern" approaches. Norrie argues that all these approaches, together with their faults and contradictions, stem from their orientation to themes in Kantian moral philosophy. He explores an alternative relational or dialectical approach; examines the work of Ashworth, Duff, Fletcher, Moore, Smith, and Williams; and considers key doctrinal issues.

What is law? How is legal responsibility defined? How does law reflect moral judgment? Why are law's definitions uncertain and conflicted? Basic questions for liberal law and criminal justice - what could they have to do with the forgotten historical figure of the Beautiful Soul? Starting from concrete legal issues, Alan Norrie develops a critical vision of law in its relation to morality and socio-historical context. Liberal law, he argues, is marked by splits and contradictions (antinomies), signs of something (...) missed. Traced historically, such conflicts can be read today in law's treatment of legality and justice, judgment and responsibility. A critical understanding must also be self-critical. From splits in law, Norrie moves to the split in critique: between its socio-historical and ethical forms. Drawing on critical realism and deconstruction, on the dialectics of Hegel, Adorno and Bhaskar, he argues for a form of critical thought that is at once historical and ethical. Thinking critically about critique finally leads to the Beautiful Soul, and its unexpected relation to law. These essays will be of interest to academics and advanced students of legal theory; criminal law, criminology and criminal justice; law and social theory; and critical legal studies. (shrink)

This book is a major contribution to the history of analytic philosophy in general and of logical positivism in particular. It provides the first detailed and comprehensive study of Rudolf Carnap, one of the most influential figures in twentieth-century philosophy. The focus of the book is Carnap's first major work: Der logische Aufbau der Welt. It reveals tensions within the context of German epistemology and philosophy of science in the early twentieth century. Alan Richardson argues that Carnap's move to (...) philosophy of science in the 1930s was largely an attempt to dissolve the tension in his early epistemology. This book fills a significant gap in the literature on the history of twentieth-century philosophy. It will be of particular importance to historians of analytic philosophy, philosophers of science, and historians of science. (shrink)

This essay considers the two-way relation between critical realism and psychoanalysis. Critical realism vindicates and deepens our understanding of ontology by drawing on the sciences for which it...

In this article I argue for a full appraisal of Hobbes's theory of punishment which takes account of its divergent and contradictory aspects. Examining his theory within the general context of his position in Leviathan, it is possible to see its centrality for the subsequent development of the modern philosophy of punishment. From this point of view, it is also possible to pinpoint the source of a central weakness in the retributive theory of punishment.

ABSTRACTThis essay considers the nature of mourning and melancholia in light of Patrizio Guzman’s film, Nostalgia for the Light. It examines the position of three women dealing with the aftermath o...

A comprehensive, systematic, and historical collection of essays on Rudolf Carnap's philosophy and legacy, written by leading international experts. This volume provides a redressing of Carnap's place in the history of analytic philosophy, through his approach to metaphysics, values, politics, epistemology and philosophy of science.

This Element offers a new account of the philosophical significance of logical empiricism that relies on the past forty years of literature reassessing the project. It argues that while logical empiricism was committed to empiricism and did become tied to the trajectory of analytic philosophy, neither empiricism nor logical analysis per se was the deepest philosophical commitment of logical empiricism. That commitment was, rather, securing the scientific status of philosophy, bringing philosophy into a scientific conception of the world.

This essay examines logical empiricism and American pragmatism, arguing that American philosophy's embrace of logical empiricism in the 1930s was not a turning away from Dewey's pragmatism. It places both movements within scientific philosophy and finds two key points on which they agreed: their revolutionary ambitions and their social engineering sensibility. The essay suggests that the disagreement over emotivism in ethics should be placed within the context of a larger issue on which the movements disagreed: demarcationism and imperialism.

This essay argues that Didier Fassin’s ‘The Will to Punish’ reveals the social grounds for a ‘persecutory impulse’ in modern punishment, which sits alongside a ‘humanising trace’. The challenge for a critical theory of modern penality is to think through this strange combination. The work of Melanie Klein and Freud, properly interpreted, can illuminate its conjunction and disjunction.

This essay argues that critical realism provides a philosophical perspective from which to talk about good and evil. It draws on dialectical critical realism’s meta-ethics of freedom and solidarity, and the different grades of freedom identified there: from the basic spontaneity in agency to the possibility of a fully flourishing, eudaimonic social condition. It argues that evil acts can be understood as those which fundamentally deny basic human freedom (spontaneity) and solidarity, and that good acts are those which affirm human (...) flourishing and solidarity. It draws upon Hannah Arendt’s depiction of what was morally evil in the Holocaust, and recent English criminal trials involving mercy killing to depict the good. It suggests that moral framing in terms of good and evil lies beyond the terms in which modern law thinks of human actions. (shrink)

Through dialectical critical realism, Roy Bhaskar has made an important contribution to two different theoretical traditions. One is the philosophy of critical realism, where he aims for a more supple and reflexive approach. The other is dialectical theory, which he seeks to undergird and recast by locating on a realist terrain. Here an important question is how recasting affects existing dialectical thought. Bhaskar's own writings focus in this regard on dialectical critical realism's relation to Hegel. This paper addresses it by (...) comparing and contrasting dialectical critical realism with Theodor Adorno's negative dialectics, the approach which probably comes closest to dialectical critical realism. The first two main sections are accordingly directed to developing an account of Bhaskar's dialectical critical realism and comparing it to Adorno's negative dialectics. My argument is that what Bhaskar and Adorno have in common is a commitment to a realist ontology, but that Adorno's account is limited by a competing tendency towards irrealism. This gives his negative dialectics an unstable foundation, and this is brought out by the comparison with dialectical critical realism. The third and fourth sections bring out the implications of this tension for Adorno's account of modern freedom in his Negative Dialectics. Three competing views are identified, and it is argued that these coher on the basis of a realist reading of his analysis. An irrealist reading reduces them to incoherence. (shrink)

This essay considers how we talk in moral terms about crime and punishment using a framework that comes from psychoanalysis. The idea of the human as a metaphysical animal, an animal that thinks and loves, is given a naturalistic explanation in Freudian metapsychology as it was developed by Melanie Klein and Hans Loewald. While the former helps us understand the desire to punish as the enjoyable return of pain for pain, the latter indicates how mature human beings seek to pursue (...) a sense of wholeness. This understanding of moral psychology is applied to thinking about criminal justice where three ethical stances are identified, the vindictive, the vindicative and the validatory. The vindictive and the vindicative represent a compromise formation in law which excludes a broader validatory process aimed at truthful human reconciliation. (shrink)

. The modern interpretation of Smith as a retributive theorist of punishment is challenged in favour of a view of his work as containing a curious amalgam of retributive and utilitarian elements. This unsynthesised theoretical compound accounts for many of the contradictory positions assumed by him, examples of which are given in the article. At the level of “punishment” , the retributivehtilitarian dichotomy is observed in his discussions of merit and demerit and propriety and impropriety . At the level of (...) state punishment, the same dichotomy is seen in his juxtaposition of considerations of individual justice and the political ends of punishment. A final section locates Smith's “double cleft stick” theoretically in his position on the one hand in the Hobbesian materialist tradition and on the other in his historical stance half‐way between the individualism of the contractarians and the full blown utilitarianism of Bentham. (shrink)

In this response to John Roberts’s essay in JCR 12 2013, I argue that Roberts presents Hegel in a one-sided way that stresses the negative, critical side of his thinking and misses its rationally resolutive side. At the same time, he mislocates Roy Bhaskar’s dialectical work and therefore misunderstands it. In terms of ethics, the key to understanding Bhaskar is the constellational relation he devises between ethics and geo-history, leading to a view of modern ethics as constituting a ‘broken dialectic’.

This essay explores some of the issues raised as regards the relations of philosophy and sociology of science in the work of Rudolf Carnap and Hans Reichenbach. It argues that Hans Reichenbach's distinction between the contexts of discovery and justification should not be seen as erecting a principled normative/descriptive distinction that demarcates philosophy of science from sociology of science. The essay also raises certain issues about the role of volition, decision, and the limits of epistemological concern in the work of (...) Carnap and Reichenbach and in some recent sociology of science. The relations of philosophy of science to sociology of science are seen to be more deeply rooted and more interesting than the Science Warriors would have us believe. (shrink)

Black, Alan W The Rationalist Press Association, which was one of the original sponsors of the British Humanist Association, was also one of the influences which helped to bring the New South Wales Humanist Society into being. The immediate event which triggered the formation of the latter society was the visit to Australia in 1959 of the American evangelist, Billy Graham. Bill and Daphne Weeks, two Sydney school teachers who were members of the Rationalist Press Association, felt the need (...) for an organisation to promote humanism in Australia. Even prior to the Graham visit, they and others of similar persuasion had been writing to the ABC Weekly urging the Australian Broadcasting Commission to include humanist views in its programmes. (shrink)

In this paper I argue that the program of L. Laudan et al for empirically testing historiographical philosophies of science ("the VPI program") does not succeed in providing a consistent naturalist program in philosophy of science. In particular, the VPI program endorses a nonnaturalist metamethodology that insists on a hypothetico-deductive structure to scientific testing. But hypothetico-deductivism seems to be both inadequate as an account of scientific theory testing in general and fundamentally at odds with most of the historiographic philosophies under (...) test. I sketch an account of testing historiographic philosophies of science more consistent with the views about scientific testing of those philosophies and argue that such a program is neither viciously circular nor necessarily self-refuting. (shrink)

Hans Reichenbach was a formidable figure in early-twentieth-century philosophy of science. Educated in Germany, he was influential in establishing the so-called Berlin Circle, a companion group to the Vienna Circle founded by his colleague Rudolph Carnap. The movement they founded—usually known as "logical positivism," although it is more precisely known as "scientific philosophy" or "logical empiricism"—was a form of epistemology that privileged scientific over metaphysical truths. Reichenbach, like other young philosophers of the exact sciences of his generation, was deeply impressed (...) by the far-reaching changes in physics brought about by Einstein's special and general theories of relativity. Reichenbach responded to scientific advances by doing fundamental work in space-time theories, in quantum mechanics, in statistical mechanics, and in the development of probability theory—making him the most important philosopher of physics in the first generation of logical empiricism. Forced from his academic position by the Nazi race laws in 1933, Reichenbach wrote _Experience and Prediction_ at the University of Istanbul, where had had fled, expressly to introduce logical positivism to English speakers. In the two decades following World War II, during the explosion of scientific advances in North America, logical positivism was the reigning theory of the philosophy of science and Reichenbach was at the peak of his career. But, inevitably, support for logical positivism began to wane as it became obvious that the justification of scientific theories could not be entirely resolved by relying on strictly formal, technical processes. The growth of the discipline of the history of philosophy of science, which has created an audience of scholars eager for seminal classics in scientific philosophy, and the evidence supporting a historicist paradigm within logical positivism are two important reasons to make _Experience and Prediction_ available once again. "Hans Reichenbach's_ Experience and Prediction_ is one of the most important books in twentieth-century philosophy of science. Its author was, along with Rudolf Carnap, one of the two principal ambassadors to North America of the exciting new European philosophical movement known here under the names 'Logical Positivism' and 'Scientific Philosophy.' In 1938, when the book was published, Reichenbach was an exile from his native Germany, teaching in Istanbul, Turkey, and about to emigrate to the United States to take up a prestigious position at UCLA. He wrote_ Experience and Prediction_ in English as his calling card to his new American colleagues. More than any other single book,_ Experience and Prediction_ set the agenda for the new discipline of the philosophy of science that was to emerge after World War II as, perhaps, the most exciting new area in North American philosophy. Many of the problems still at the focus of discussion were given their classic formulations in this book. Long out of print,_ Experience and Prediction_ appears here in a new edition accompanied by a splendid historical introduction by the noted young philosopher and historian of the philosophy of science, Alan Richardson. A jewel of a book may once again be appreciated in its proper setting." —Don A. Howard, University of Notre Dame. (shrink)

: This essay explores some themes in use of a relativized Kantian a priori in the work of Thomas Kuhn and Michael Friedman. It teases out some shared and some divergent beliefs and attitudes in these two philosophers by comparing their characteristic questions and problems to the questions and problems that seem most appropriately to attend to an adequate understanding of games and their histories. It argues for a way forward within a relativized Kantian framework that is suggested but not (...) argued for in Friedman (2001): philosophers of science should move from a concern with unreason as meaninglessness to a concern with unreason as argumentative coercion. It ends with a few suggestions regarding a place for philosophy in the history of reason. (shrink)

[Alan W. Richardson] This essay explores the uses that Michael Friedman and Bas van Fraassen have recently made of the work of Hans Reichenbach. It uses Friedman's work to complicate van Fraassen's invocation of Reichenbach's voluntarism in support of empiricism. It uses van Fraassen's work to motivate a concern with Friedman's neo-Kantian reading of Reichenbach. We are, finally, left with questions about the status and content of the account of the epistemic subject available to an epistemological voluntarist. /// [Thomas (...) E. Uebel] This response considers the question whether empiricists are condemned to silence about the epistemic agency their theories attribute or presuppose. It is argued that, unlike Reichenbach or Carnap, Neurath allowed for and indeed provided specifications of the role of epistemic agency in scientific inquiry. If this is correct, it underscores once more the need to distinguish between the various strands of logical positivism which show different strengths and weaknesses. (shrink)

[ Alan W. Richardson] This essay explores the uses that Michael Friedman and Bas van Fraassen have recently made of the work of Hans Reichenbach. It uses Friedman's work to complicate van Fraassen's invocation of Reichenbach's voluntarism in support of empiricism. It uses van Fraassen's work to motivate a concern with Friedman's neo-Kantian reading of Reichenbach. We are, finally, left with questions about the status and content of the account of the epistemic subject available to an epistemological voluntarist. /// (...) [Thomas E. Uebel] This response considers the question whether empiricists are condemned to silence about the epistemic agency their theories attribute or presuppose. It is argued that, unlike Reichenbach or Carnap, Neurath allowed for and indeed provided specifications of the role of epistemic agency in scientific inquiry. If this is correct, it underscores once more the need to distinguish between the various strands of logical positivism which show different strengths and weaknesses. (shrink)