This book is a collection of original essays offering the first full-length consideration of the problem of strict liability in the criminal law: that is, the problem of criminal offences that allow a defendant to be convicted without proof of fault. Because of its potential to convict blameless persons, strict liability is a highly controversial phenomenon in the criminal law. Including Anglo-American and European perspectives, the contributions provide a sustained and wide-ranging examination of the fundamental issues. The breadth and depth (...) of the chapters combine to present readers with a sophisticated analysis of the place and legitimacy of strict liability in the criminal law. (shrink)

Many of the most serious crimes that fall within the justificatory scope of the harm principle do so constitutively. They do so in the sense that the harm that the crime is designed to prevent is a...

This paper explores the Offence Principle. It discusses whether two constraints, additional to the criteria stated in conventional analysis, ought to be met before the Offense Principle can be satisfied: (i) that offensive conduct must be a wrong, and (ii) that the conduct must also lead to harm. The nature of the Harm Principle, and its relationship to the Offense Principle, are also considered. The paper suggests that, even if all cases in which offense should be criminalized also involve harm, (...) nonetheless there may be good reasons to retain a separate Offense Principle. (shrink)

Written by a noted expert in criminal law, this book explores the philosophical underpinnings of the law's major doctrines concerning actus reus, mens rea, and defences, showing that they are not always driven by culpability. They are grounded also in principles of moral responsibility, ascriptive responsibility, and wrongdoing. As such, they engage wider debates about wrongdoing, and about the boundaries between liability and freedom. This multi-textured analysis allows this book to take more nuanced positions about many important controversies in criminal (...) law. It argues, for example, that liability for omissions and for negligence-and even some strict liability elements-can sometimes be legitimate yet, at the same time, should be relatively rare. It also explains why principles of causation can differ in the criminal law from other contexts; what is wrong with the 'voluntary act' requirement; and why luck can affect the wrongs we commit without changing our degree of blameworthiness for committing them. The book concludes with an account of the major types of defences, and of how they interact with an agent's wrong and her underlying motivations.This volume presents a coherent and rich vision of the criminal law that, by its sheer breadth, makes a distinctive contribution to the literature, of interest to lawyers and philosophers alike. (shrink)

Written by leading philosophers and lawyers from the United States and the United Kingdom, this collection of original essays offers new insights into the doctrines that make up the general part of the criminal law. It sheds theoretical light on the diversity and unity of the general part and advances our understanding of such key issues as criminalisation, omissions, voluntary actions, knowledge, belief, reckelssness, duress, self-defence, entrapment and officially-induced mistake of law.

Andrew Simester and Andreas von Hirsch’s Crimes, Harms, and Wrongs: On the Principles of Criminalisation (Simester and von Hirsch 2011) is an important contribution to the philosophical debate over the nature and ethical limits of criminalisation. As they note in their reply in this symposium, one of the novel aspects of their account is that they do not advance one “unified, grand theory”. Rather, they analyse each ground of criminal prohibition—wrongfulness, harm-based, offense, and paternalistic prohibitions aimed at (...) preventing self-harm—so as to develop guiding principles for their use (or, in the case of paternalism, the absence of an independent principle that would underwrite its use).The result is a rich set of arguments that advance a number of debates across the field of criminalisation.However, that is not all: the participants share the view that, as Tatjana Hörnle puts it, “any theory of criminalization presupposes assumptions about the functions of the criminal law. The q. (shrink)

My discussion will focus on Simester’s overall analysis of the “general part” of criminal law theory, setting aside the book’s rich and careful analyses of many specific topics. Quite rightly, in my view, Simester wishes to emphasize criminal law’s prohibitions, and their moral as well as legal importance. My criticism is that Simester runs together moral and legal categories in a way that distorts both. Simester grounds lawful punishment in a specific notion of moral culpability. In (...) my view, this moralized interpretation of the general part places the wrong sort of focus on defendants and edges victims from view. We make better sense of criminal responsibility if we focus on the state’s duty to uphold rights and to insist that no one get their way by force or fraud. This implies a more indirect concern with the moral failings that lead people to violate others’ rights. It also reminds us of an inherent danger of criminal law, one that has unfortunate echoes in the theoretical framing of the “general part”: how often it fails to do justice to victims. (shrink)

Andrew Simester’s new book, Fundamentals of Criminal Law: Responsibility, Culpability, and Wrongdoing, is a masterful analysis of the doctrines of the general part of the criminal law and the multiple, overlapping functions that those doctrines serve. Along the way, Simester makes explicit what criminal law theorists routinely presuppose—that the ordinary words “blameworthiness” and “culpability” pick out the same moral concept. This essay argues that this assumed equivalence is mistaken: two concepts are in play, not one. Roughly, to (...) be blameworthy is to be justly liable to blaming practices in virtue of being at fault, and to be culpable is to act in a fashion that manifests or issues from insufficient concern for morally weighty interests. Culpability is not identical to blameworthiness, but rather a ground of blameworthiness: to be culpable is one way to be at fault, thus one way to be blameworthy. More importantly, culpability is not the exclusive ground of blameworthiness; an agent can be at fault, hence blameworthy, without being culpable. This essay defends these conceptual claims and draws forth some implications for two theses that Simester advances: that it is morally permissible to punish persons for criminal negligence and that it is unjust to punish persons who don’t deserve it. (shrink)

Is a human more conscious than an octopus? In the science of consciousness, it’s oftentimes assumed that some creatures (or mental states) are more conscious than others. But in recent years, a number of philosophers have argued that the notion of degrees of consciousness is conceptually confused. This paper (1) argues that the most prominent objections to degrees of consciousness are unsustainable, (2) examines the semantics of ‘more conscious than’ expressions, (3) develops an analysis of what it is for a (...) degreed property to count as degrees of consciousness, and (4) applies the analysis to various theories of consciousness. I argue that whether consciousness comes in degrees ultimately depends on which theory of consciousness turns out to be correct. But I also argue that most theories of consciousness entail that consciousness comes in degrees. (shrink)

This paper examines the idea of "objective phenomenology," or a way of understanding the phenomenal character of conscious experiences that doesn’t require one to have had the kinds of experiences under consideration. My central thesis is that structural facts about experience—facts that characterize purely how conscious experiences are structured—are objective phenomenal facts. I begin by precisifying the idea of objective phenomenology and diagnosing what makes any given phenomenal fact subjective. Then I defend the view that structural facts about experience are (...) objective. I also argue that structural facts about experience, despite being objective, nevertheless still give rise to an explanatory gap. (shrink)

This book offers an exciting re-interpretation of Auguste Comte, the founder of French sociology. Following the development of his philosophy of positivism, Comte later focused on the importance of the emotions in his philosophy resulting in the creation of a new religious system, the Religion of Humanity. Andrew Wernick provides the first in-depth critique of Comte's concept of religion and its place in his thinking on politics, sociology and philosophy of science. He places Comte's ideas in the context of (...) post-1789 French political and intellectual history, and of modern philosophy, especially postmodernism. Wernick relates Comte to Marx and Nietzsche as seminal figures of modernity and examines key features of modern and postmodern French social theory, tracing the inherent flaws and disintegration of Comte's system. Wernick offers original and fascinating insights in this rich study which will attract a wide audience from sociologists and philosophers to cultural theorists and historians. (shrink)

When should we make use of the criminal law? Suppose that a responsible legislature seeks to enact a morally justifiable range of criminal prohibitions. What criteria should it apply when deciding whether to proscribe conduct? Crimes, Harms, and Wrongs is a philosophical analysis of the nature, significance, and ethical limits of criminalisation. The authors explore the scope and moral boundaries of harm-based prohibitions, proscriptions of offensive behaviour, and 'paternalistic' prohibitions aimed at preventing self-harm. Their aim is to develop guiding principles (...) for these various grounds of state prohibition, including an analysis of the constraints and mediating factors that weigh for and against criminalisation. Both authors have written extensively in the field. In Crimes, Harms, and Wrongs they have reworked a number of well-known essays and added several important new essays to produce an integrated, accessible, philosophically-sophisticated account that will be of great interest to legal academics, philosophers, and advanced students alike"--Provided by publisher. (shrink)

One of the key achievements of critical realism has been to expose the modernist myth of universal reason, which holds that authentic knowledge claims must be objectively ‘pure’, uncontaminated by the subjectivity of local place, specific time and particular culture. Wright aims to address the lack of any substantial and sustained engagement between critical realism and theological critical realism with particular regard to: (a) the distinctive ontological claims of Christianity; (b) their epistemic warrant and intellectual legitimacy; and (c) scrutiny of (...) the primary source of the ontological claims of Christianity, namely the historical figure of Jesus of Nazareth. As such, it functions as a prolegomena to a much needed wider debate, guided by the under-labouring services of critical realism, between Christianity and various other religious and secular worldviews. This important new text will help stimulate a debate that has yet to get out of first gear. This book will appeal to academics, graduate and post-graduate students especially, but also Christian clergy, ministers and informed laity, and members of the general public concerned with the nature of religion and its place in contemporary society. (shrink)

It is difficult for prioritarians to explain the degree to which justice requires redress for misfortune in a way that avoids imposing unreasonably high costs on more advantaged individuals whilst also economising on intuitionist appeals to judgment. An appeal to hypothetical insurance may be able to solve the problems of cost and judgment more successfully, and can also be defended from critics who claim that resource egalitarianism is best understood to favour the ex post elimination of envy over individual endowments.u.

Field theories have been central to physics over the last 150 years, and there are several theories in contemporary physics in which physical fields play key causal and explanatory roles. This paper proposes a novel field trope-bundle (FTB) ontology on which fields are composed of bundles of particularized property instances, called tropes and goes on to describe some virtues of this ontology. It begins with a critical examination of the dominant view about the ontology of fields, that fields are properties (...) of a substantial substratum. (shrink)

The criminal law presently distinguishes between actions and omissions, and only rarely proscribes failures to avert consequences that it would be an offense to bring about. Why? In recent years it has been persuasively argued by both Glover and Bennett that, celeris paribus, omissions to prevent a harm are just as culpable as are actions which bring that harm about. On the other hand, and acknowledging that hitherto “lawyers have not been very successful in finding a rationale for it,” Tony (...) Honoré has sought to defend the law's differential treatment. He proposes a “distinct-duties theory” that in addition to the general duties we owe to everyone, we also owe distinct duties to a more limited collection of people and associations, specified by features of our relationship with them. Where a distinct duty holds, breach by omission may well be no better than breach by positive action. But absent a distinct duty, omissions, per Honoré, are less culpable. They are mere failures to intervene and improve or rectify things, whereas actions are positive interventions which make things worse. And, thus, the law has good reason to differentiate between them. (shrink)

In this paper I explore the pedagogical and political shift marked by the meaning and practice of diversity offered through New Labour education policy texts, specifically, the policy and practice of personalized learning (or personalization). The aim of this paper is to map the ways in which diversity relays and mobilizes a set of neoliberal positions and relationships in the field of education and seeks to govern education institutions and education users through politically circulating norms and values. These norms and (...) values, I want to argue, echo and redeem the kinds of frameworks, applications and rationalities typically aligned with modes of neoliberal or advanced liberal governance, e.g. marketization, monetarization, atomization and deregulation. I conclude the paper by considering how diversity in education renders problematic conventional antinomies of the citizen and consumer, public and private, state and civil society, etc., and forces us to confront the rhizomatic character of contemporary governance and education in the era of neoliberalism. (shrink)

Baghdad, California -- Calm down -- Clearing the dust -- Proof -- The big bang -- Evolution -- Evil -- Religion -- A crisis of reason.

In her influential article published in 2016, Alexandra Walsham, Professor of Modern History at the University of Cambridge, coined the metaphor that ‘Archives are the factories and laboratories of the historian’. Traditionally viewed as neutral storehouses of official records passively awaiting historians’ scrutiny, conceptions of archives have expanded in recent decades. Archives are now understood as complex social and cultural entities that actively participate in shaping understandings of the past. This paper examines shifting perspectives on the nature and functions of (...) archives through a critical analysis of key debates. Specifically, this paper adopts a hermeneutic lens to critically engage Walsham’s metaphor and move beyond its potential limitations through situated analysis and interpretation. This paper explores how archives are actively implicated in knowledge construction through their contents, organisational frameworks, and interactions with historians. Recognising archives as fragmented, culturally contingent remnants that mediate engagement with the past, the paper calls for collaborative, reflective approaches between archivists and historians. The paper also acknowledges historians’ subjective interpretive roles while advocating consultation of archivists’ contextual expertise. Ultimately, it advances methodological discussions on writing history through a nuanced appreciation of archives as dynamic mediators within historical research, not transparent conduits neutrally supplying facts. (shrink)

In 1992, Law and Philosophy published an account of the paradigm case of intended action; one which gestured at, and did not pursue, an explanation of the requirement that a person be an agent in respect of her behaviour before that behaviour can constitute intended action. This paper completes that account by supplying an analysis of agency. The paper falls into three parts. It begins by casting doubt upon the possibility of specifying a causal account along the lines once envisaged (...) by Davidson. An alternative approach is adopted: one that involves modifications to Frankfurt's depiction of action as behaviour under the agent's guidance, including a rejection of the view held by many writers that action requires intentional movement. Doubts about conventional wisdoms are also raised in the conclusion, which considers why philosophers and lawyers should be interested in the issue of agency at all. (shrink)

This review article examines R Chambers, C Mitchell and J Penner (eds), Philosophical Foundations of the Law of Unjust Enrichment. These sophisticated essays suggest that a corrective, bipolar analysis of autonomous unjust enrichment is broadly right. However, the normative rationale is complex. From the plaintiff’s perspective, there are autonomy-based grounds for drawing an analogy to voidable rather than void property transactions. For similar reasons, the role of a corresponding-enrichment requirement primarily concerns identification of the defendant rather than establishing injustice.

In this paper, I treat the question of the meta-axiological standing of Nietzsche's own values, in the service of which he criticizes morality. Does Nietzsche, I ask, regard his perfectionistic valorization of human excellence and cultural flourishing over other ideals to have genuine evaluative standing, in the sense of being correct, or at least adequate to a matter-of-fact? My goal in this paper is modest, but important: it is not to attribute to Nietzsche some sophisticated meta-axiological view, because I am (...) doubtful that he has one. It is, however, to show that Nietzsche's texts do not necessitate the sceptical meta-axiological positions that have been attributed to him in the recent secondary literature. And it is thereby to suggest that we need not give up on the idea that Nietzsche takes the values he champions to have genuine evaluative standing – not because he has some sophisticated realist theory to this effect, but in a more philosophically unreflective way. (shrink)

We discuss the view that a hole is identical to the region of spacetime at which it is located. This view is more parsimonious than the view that holes are sui generis entities located at those regions surrounded by their hosts and it is more plausible than the view that there are no holes. We defend the spacetime view from several objections.

We discuss and respond to the contributions of Tatjana Hörnle, John Kleinig, and John Stanton-Ife, and clarify some aspects of the arguments made in Crimes, Harms, and Wrongs.

We discuss and respond to the contributions of Tatjana Hörnle, John Kleinig, and John Stanton-Ife, and clarify some aspects of the arguments made in Crimes, Harms, and Wrongs.

Despite his impressive influence on nineteenth-century philosophy, F. A. Trendelenburg's own philosophy has been largely ignored. However, among Kant scholars, Trendelenburg has always been remembered for his feud with Kuno Fischer over the subjectivity of space and time in Kant's philosophy. The topic of the dispute, now frequently referred to as the ?Neglected Alternative? objection, has become a prominent issue in contemporary discussions and interpretations of Kant's view of space and time. The Neglected Alternative contends that Kant unjustifiably moves from (...) the claim that we have a priori intuitions of space and time to the sceptical conclusion that space and time are exclusively subjective. Most current discussions trace the objection back to Trendelenburg and often use him to motivate the objection. However, to date Trendelenburg's actual arguments and reasons for rejecting the Kantian view of space and time have not been sufficiently uncovered; my goal here is to fill this lacuna. By better understanding what Trendelenburg actually argued, we will be in a better position to assess whether the Neglected Alternative objection against Kant is successful. But in addition, Trendelenburg's own system is of independent philosophical interest, and my work here will shed light on one part of it. (shrink)

This paper discusses the idea that trade – the practice of regularised exchange of goods or services between nation-states for mutual advantage under an orchestrated system of rules – can generate moral duties, duties that exist between only participants in the activity. It considers this idea across three duties often cited as duties of trade: duties not to harm; duties to provide certain basic goods; and duties to distribute benefits and burdens fairly. The paper argues that these three duties seem (...) unlikely contenders for duties thought in some sense to supervene on trade, the former two because they seem to exist regardless of the existence of trade and the latter because it seems to apply to a group more widely conceived than to be coherently thought centred on trade. It concludes that, at least across these three duties, it is more plausible to think that they are duties which, although possibly having relevance for how trade is conducted, do not emerge from the practice and are, rather, grounded elsewhere. (shrink)

The present volume draws together original and significant essays from a number of leading authorities which identify areas of the modern criminal law where there are significant conceptual difficulties. The project developed from a series of seminars in Cambridge University, in which leading Anglo-American philosophers, criminal lawyers and legal theorists explored subjects such as attempts, intention, justification, excuses, coercion, complicity, drug-dealing and criminal harm.

This chapter explores two kinds of testimonial trust, what we call ‘evidential trust’ and ‘non-evidential trust’ with the aim of asking how testimonial trust could provide epistemic reasons for belief. We argue that neither evidential nor non-evidential trust can play a distinctive role in providing evidential reasons for belief, but we tentatively propose that non-evidential trust can in some circumstances provide a novel kind of epistemic reason for belief, a reason of epistemic facilitation. The chapter begins with an extensive discussion (...) of standard accounts of both kinds of trust and criticises especially the standard accounts of non-evidential trust. A new account of non-evidential trust is offered that avoids a number of difficulties that plague the standard accounts by rejecting what we call ‘attitude-liability assumptions’. (shrink)

To say that the matter of the legality of the armed conflict against Iraq in 2003 was divisive is an understatement. The primary justification given by the UK government for the lawful nature of the Iraq war was an implied mandate from the Security Council. The implied mandate was said to be derived from a combination of Security Council Resolutions 678 and 1441. Many international lawyers remain unconvinced that such a mandate can be inferred from those resolutions. There is agreement (...) among both supporters and opponents of the war in Iraq that Saddam Hussein’s regime had an appalling human rights record. This was known to the coalition governments; indeed, Tony Blair expressly made the "moral case" for war on the basis of Hussein’s human rights violations. The legal justifications offered for the conflict by the UK government, however, did not refer to humanitarian intervention. This paper investigates whether it is possible that, despite the fact that the justification was not raised by the UK, it can provide a defence to any claims that the UK acted unlawfully, or that individuals committed an international crime, by initiating the attack on Iraq. (shrink)

Antony Duff's recent account of intended action has aroused considerable interest, particularly amongst English commentators, as an attempt to provide criteria that might be utilised by a judge or legislator. While Duff's analysis is instructive, and although it may be desirable to find conditions capturing the central notion of intention in action, this paper demonstrates that the specific conditions proposed by Duff are unsatisfactory. They require extensive modification in order to circumvent a number of difficulties presented here.

Critical Realism and Marxism addresses controversial debates, revealing a potentially fruitful relationship; deepening our understanding of the social world and contibuting towards eliminating barbarism in contemporary capitalism.

This paper responds to Antje du-Bois Pedain’s discussion of the wrongfulness constraint on the criminal law. Du-Bois Pedain argues that the constraint is best interpreted as stating that φing is legitimately criminalised only if φing is wrongful for other-regarding reasons. We take issue with du-Bois Pedain’s arguments. In our view, it is neither a necessary nor sufficient condition of legitimate criminalisation that φing is wrongful in du-Bois Pedain’s sense. Rather, it is a necessary condition of legitimate criminalisation that φing is (...) what we call bare wrongful —that is, that the reasons in favour of φing are defeated by the reasons against. Though du-Bois Pedain is critical of this view, we argue that her criticisms do not convince. (shrink)

“Doğal din” terimi, bazen doğanın kendisinin ilahi olduğu bir panteistik doktrine atıfta bulunur. “Doğal teoloji” terimi ise aksine, başlangıçta gözlemlenen doğal gerçekler temelinde (ve bazen) Tanrı’nın varlığını savunmaya yönelik projeye atıfta bulunur. Bununla birlikte çağdaş felsefede, hem “doğal din” hem de “doğal teoloji” genel olarak, dinî veya teolojik konuları araştırmak için insana, “doğal” olan bilişsel yetilerini – akıl, algı, içgözlem- kullanma projesini ifade eder. Doğal din veya teoloji, mevcut anlayış üzerine, doğayla ilgili ampirik araştırmalarla sınırlı olmamakla birlikte ayrıca panteistik bir (...) sonuçla da bağlantılı değildir. Bununla birlikte o, özel doğal olmayan yetilere (ESP, telepati, mistik deneyim) veya doğaüstü bilgi kaynaklarına (kutsal metinler, vahiy teolojisi, inanç otoriteleri, doğrudan doğaüstü iletişim) hitap etmekten kaçınır. Genel olarak, doğal din veya teoloji (bundan böyle “doğal teoloji” olarak anılacaktır), diğer felsefi ve bilimsel girişimlerle aynı rasyonel inceleme standartlarına uymayı amaçlamaktadır ve aynı değerlendirme ve eleştiri yöntemlerine tabidir. (shrink)

Unrestricted Composition (UC) is, roughly, the claim that given any objects at all, there is something which those objects compose. (UC) conflicts in an obvious way with common sense. It has as a consequence, for instance, that there is something which has as parts my nose and the moon. One of the more influential arguments for (UC) is Theodore Sider’s version of the Argument from Vagueness. (A version of the Argument from Vagueness was first presented by David Lewis (1986), pp. (...) 212–213). That argument purports to show that some plausible claims concerning the nature of vagueness entail (UC). In this paper I will suggest a response to this argument. I will show that the proponent of Supersubstantivalism (SS)—the view that material objects are identical to regions of spacetime—can reject a premise of Sider’s argument without denying the plausible claims concerning vagueness. Doing so requires only rejecting a certain view concerning the relationship between the proper sub-region relation and the proper parthood relation. So, proponents of (SS) are in a better position than many of us to side with common sense regarding composition. In the first section of the paper, I will present Sider’s argument. In the second section, I will introduce (SS) and briefly discuss some reasons one might have to believe that it is true. In the third section, I will show how the proponent of (SS) can avoid commitment to (UC) and reject a premise of Sider’s argument. Last, I’ll briefly consider and respond to some objections. (shrink)

In this wide-ranging interview Andrew Sayer discusses how he became a realist and then the development of his work over the subsequent decades. He comments on his postdisciplinary approach, his early work on economy and its influences, how he came to write Method in Social Science and the transition in Realism and Social Science to normative critical social science and moral economy. The interview concludes with discussion of his three most recent books and the themes that connect them, not (...) least the ongoing problem of a ‘diabolical double crisis’ of capitalism: extreme inequality and climate change. (shrink)