This is a collection of essays on themes of legal philosophy which have all been generated or affected by Hart's work. The topics covered include legal theory, responsibility, and enforcement of morals, with contributions from Ronald Dworkin, Rolf Sartorius, Neil MacCormach, David Lyons, Kent Greenawalt, Michael Moore, Joseph Raz, and C.L. Ten, among others.

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.

H. L. A. Hart; The Presidential Address: I—Prolegomenon to the Principles of Punishment, Proceedings of the Aristotelian Society, Volume 60, Issue 1, 1 June 196.

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)

In his introduction to these closely linked essays Professor Hart offers both an exposition and a critical assessment of some central issues in jurisprudence and political theory. Some of the essays touch on themes to which little attention has been paid, such as Bentham's identification of the forms of mysitification protecting the law from criticism; his relation to Beccaria; and his conversion to democratic radicalism and a passionate admiration for the United States.

This book examines the legal and moral theory behind the law of evidence and proof, arguing that only by exploring the nature of responsibility in fact-finding can the role and purpose of much of the law be fully understood. Ho argues that the court must not only find the truth to do justice, it must do justice in finding the truth.

In this field questions arise which are certainly difficult; but as I listened last time to members of the group, I felt that the main difficulty perhaps lay in determining precisely what questions we are trying to answer. I have the conviction that if we could only say clearly what the questions are, the answers to them might not appear so elusive. So I have begun with a simple list of questions about discretion which in one form or another were, (...) as it seemed to me, expressed by the group last time. I may indeed have omitted something and inserted something useless: if so, no doubt I shall be informed of this later. The central questions then seem to me to be the following: 1. What is discretion, or what is the exercise of discretion? 2. Under what conditions and why do we in fact accept or tolerate discretion in a legal system? 3. Must we accept discretion or tolerate discretion, and if so, why? 4. What values does the use of discretion menace, and what values does it maintain or promote? 5. What can be done to maximize the beneficial operation of the use of discretion and to minimize any harm that it does? (shrink)

A representation is a remnant of previous experience that allows that experience to affect later behavior. This paper develops a metatheoretical view of representation and applies it to issues concerning representation in animals. To describe a representational system one must specify the following: thedomainor range of situations in the represented world to which the system applies; thecontentor set of features encoded and preserved by the system; thecodeor transformational rules relating features of the representation to the corresponding features of the represented (...) world; themedium, or the representation's physical instantiation; and thedynamics, or how the system changes with time. In part because of the behaviorist assumption that the hypothetical, covert changes occurring in an organism during learning correspond to the overt physical changes that are observed, issues of representation in animal behavior have been largely ignored as irrelevant or misleading. However, it can be inferred that representations, acting as models of environmental regularities, operate at many levels of behavioral functioning, both cognitive and noncognitive. Objections to the use of this concept in explanations of animal behavior, based on the claim that it is indeterminate and on behaviorist considerations of parsimony, can be answered. Animal representations may be specialized in terms of tasks and species. Data from tasks involving spatial memory, delayed matching-to-sample, and sequence learning suggest some foundations for a general theory of animal representations. (shrink)

Quelle différence y a-t-il entre des règles de droit et des ordres appuyés de menaces? Qu'est-ce qu'une obligation juridique et en quoi se trouve-t-elle apparentée à une obligation morale? Quelle est la nature des règles et dans quelle mesure le droit consiste-t-il en des règles? Qu'est-ce que la justice et en quoi diffère-t-elle du reste de la morale?Au cours d'une discussion approfondie et séparée de ces problèmes récurrents, l'auteur relève une série d'éléments d'une importance essentielle pour la compréhension du droit, (...) et réalise un nouveau départ dans la théorie du droit. L'ouvrage comporte une nouvelle analyse des notions de validité juridique, de souveraineté, et de fondement d'un système juridique, un nouvel examen du droit naturel et du positivisme juridique, une discussion originale des limites du formalisme dans l'élaboration de la décision judiciaire, et un examen de la nature du droit international.Le texte est complété par des notes bibliographiques détaillées et la discussion de thèses émises par des auteurs contemporains et plus anciens. Cette deuxième édition s'accompagne en outre d'une postface posthume, publiée sous la responsabilité de P.A. Bulloch et J. Raz. (shrink)

That the words πрύλις πрύλέες belong to the Cypriot dialect cannot be seriously doubted; the statement still occasionally encountered that they are Cretan rests mainly, as will be shown below, on the arbitrary and ill-judged emendation of the authoritative text which ascribes them to Cyprus. If is πрύλέες Cypriot, it is a priori probable that it should be added to the Achaian element in the vocabulary of Homer. That both words survived from Achaian days in the Doric of Crete is (...) perfectly possible. That the dialect of a central district absorbed various Achaian forms is a well-known fact, established by inscriptions from Eleutherna and Axos; the name of a dance in general use might pass into the common speech of the island. Whether προυλέσι explained by Hesychius as πεξοîς òπλίΤаіς represents a similar survival in Boeotian, or more probably Laconian, it is impossible to say. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:702 JOURNAL OF THE HISTORY OF PHILOSOPHY 33:4 OCTOBER t99 5 appears more as an anomalous figure in the spirit of Kierkegaard than a thinker of the mainstream. For Jaspers, philosophy is a vehicle to provoke a spiritual sense of the wonder of existence rather than an autonomous vocation which strives to recast its questions in increasingly radical ways. Most typically, Jaspers's emphasis on darker aspects of the human (...) predicament--guilt, anxiety, and death as the seminal existential motifs--does not exclude a more positive vision of Existenz as revealed through transcendence. The limits do not provoke a discourse of radical finitude which skirts the edges of presence, but instead indirectly point toward a transcendent mystery, or the "encompassing" (19-2o). If there is an aspect of Jaspers's philosophy that remains inadequately addressed in either volume, it is his preoccupation with the role of tragedy in the post-war era? In light of the premier importance that Hegel, Nietzsche, and Heidegger all grant to tragedy, Jaspers's passionate treatment of this topic in the context of the catastrophe of Western Europe merits far closer attention. Does not the issue of tragedy provide indispensable dues to chart the landscape of twentieth-century thought, and to amplify the differences which prevail in the portrait of politics as displayed by such diverse philosophers as Jaspers and Heidegger, Derrida and Levinas? FRANK SCHALOW DiUard University Norman Malcolm. Wittgenstein: A Religious Point of View? Edited with a response by Peter Winch. Ithaca, New York: Cornell University Press, a994. Pp. xi + 14o. Norman Malcolm at the outset of this, his posthumously published last book, focuses on the question: What did Wittgenstein mean when he said to his friend M. O'C. Drury, "I am not a religious man, but I cannot help seeing every problem from a religious point of view"? It was the right question. But Malcolm then--again on the first page of his book-proceeded to place restrictions on it, which were quite foreign to the spirit of Wittgenstein 's remark and which virtually crippled it. (1) He took Wittgenstein to be speaking of not social, psychological, or presumably even personal problems, but only of philosophical ones. (2) He chose to say that in Wittgenstein's later philosophy "there is not strictly a religious point of view, but something analogous to a religious point of view" (1, Malcolm's emphases). There is no reason to think that Wittgenstein would have accepted either of these restrictions on his remark. Nor does Peter Winch accept them in his forty-page discussion, which follows Malcolm's text in this book. In the upshot Malcolm finds "four analogies between Wittgenstein's conception of the grammar of language and his view of what is paramount in a religious life" (92). In both, he says, Wittgenstein emphasizes "an end to explanation," a sense of an "illness" pervading the human situation, "an inclination to be amazed at the existence of some ' Karl Jaspers, TragedyIs Not Enough, trans. Harald A. T. Reiche, Harry T. Moore, and Karl W. Deutsch (Boston: Beacon Press, 1952), 31-4O,93- io5_ BOOK REVIEWS 703 thing," and "doing, acting [having.] priority over intellectual understanding and reasoning " (92). But are such "analogies" really the crux of the "religious point of view" in terms of which Wittgenstein said that he could "not help seeing every problem"? When we recall that Wittgenstein's later philosophy was a proibund attack upon what he regarded as the idolatry of science, logic, and mathematics (an idolatry of which he himself, in the Tractatt~,, was partly guilty), and that he was also bent on undermining the accompanying subjectivized and privatized view of the human mind, as well as the scientistic reading of religious beliefs and primitive religions, we may be inclined to see his philosophy as clearing the way for the simple noninstitutionalized Tolstoian faith which he himself accepted. Philosophy and religion were on the same track in his mind (and not merely related by "analogies") when he wrote: "All that philosophy can do is to destroy idols. And that means not creating a new one--for instance, as in the 'absence of an idol' " (MS 213, 89). Peter Winch... (shrink)

Background:The Taiwan Nursing Accreditation Council has proposed eight core professional nursing qualities including ethical literacy. Consequently, nursing ethics education is a required course for student nurses. These courses are intended to improve the ethical literacy. Moral sensitivity is the cornerstone of ethical literacy, and learning moral sensitivity is the initial step towards developing ethical literacy.Objectives:To explore the effect of nursing ethics educational interventions based on multiple teaching strategies on student nurses moral sensitivity. Based on the visual, auditory and kinaesthetic model, (...) three strategies were developed for determining the programme components and corresponding learning styles.Research design:This was a quasi-experimental study.Participants:A total of 234 junior-college student nurses participated in this study. All participants were aged 18–19 years.Ethical considerations:The study protocol was approved by the institutional review boards of Kaohsiung Veterans General Hospital. Only the participants who signed an informed consent form took part in the study. The participants were permitted to withdraw from the study at any point if they wished to do so without affecting their academic score.Results:The scores of Modified Moral Sensitivity Questionnaire for Student Nurses were significantly improved after the intervention of integrating multiple teaching strategies. Significant relationships were observed between the satisfaction scores of two teaching strategies and moral sensitivity. The results indicated that using multiple teaching strategies is effective for promoting nursing ethics learning.Conclusion:This strategy was consistent with the student nurses’ preferred learning style and was used to correct their erroneous ethical conceptions, assisting in developing their ethical knowledge. (shrink)