This review article critically examines R. A. Duff and Stuart P. Green’s wide-ranging Philosophical Foundations of Criminal Law. The book captures well a crucial debate at the heart of its topic: is morality a key for understanding criminal law? I first consider legal moralism arguments answering this question in the affirmative and argue they should be rejected. I next consider alternatives to argue that philosophers of criminal law should look beyond legal moralism for more compelling theories about criminal law.

Perhaps one of the most underappreciated philosophical movements is British Idealism. This movement arose during the latter half of the nineteenth century and began to wane after the outbreak of the First World War. British Idealism has produced a number of important figures, such as Bernard Bosanquet, R. G. Collingwood, F. H. Bradley and T. H. Green, as well as other important, but less well known, figures, such as J. S. Mackenzie, John Henry Muirhead and James Seth. It has also (...) given us a number of lasting philosophical ideas. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Replies to CriticismsJames R. HamiltonI am grateful to Noël Carroll, David Davies, Sherri Irvin, Aaron Meskin, and Paul Thom for stimulating discussions of The Art of Theater over the past year, culminating in these carefully crafted critical comments on various aspects of the book.1 I especially appreciate the efforts of Sherri Irvin, who edited this special issue and without whose encouragement, enthusiasm, and careful editing this would not (...) have happened.Whenever the central proposals made in The Art of Theater were made by theater people during the past hundred years, they were greeted with a kind of baffled outrage by many traditionalist literature scholars who had taken it as an obvious fact that theatrical performances are nothing more than illustrations or interpretations of works of dramatic literature, at best requiring artistry for performance but not issuing in independent works of art. Quite a few contemporary literature and theater scholars have seen errors in the traditionalist view and proposed that theatrical performances are capable of even great artistry and, perhaps, of being works of art in their own right. It must be said, however, that they will not find my defense of that position congenial. Indeed, it will seem worse still from their point of view because my defense of the position does not require semiotic analysis, let alone any sort of poststructuralist thinking about theatrical performances that depends on seeing performance as a novel kind of text—a “theater text.” This will disappoint because, unlike many contemporary literary theorists (and even some theater theorists), I do not think of theatrical performances as something to be read and, further, as something that falls within the purview of literary scholarship after all. Performances are actions and are to be understood in the ways we understand all other actions.I knew the central proposals in The Art of Theater would seem a little strange to philosophers. Some of the strangeness that they have felt about the view—if not the baffled outrage felt by literary theorists—can be mitigated, I believe, by considering three facts that served as motivations for making the proposal. I encountered these facts while teaching experimental theater techniques in a workshop format. Only gradually did I come to realize they are facts about any theatrical performance—its presentation, its [End Page 80] preparation, and its reception. It was only after I realized how general these facts are that I began to wonder why the view they seem to suggest is not more widely held, or even discussed, among philosophers working on the performing arts. My book was designed to get that discussion going. And, to judge by the quality of the discussion in this volume, it has succeeded admirably in meeting that goal. I think the book is also largely correct, however, so it is worth beginning at the beginning, with the basic facts I encountered in teaching experimental theater.First, it is undeniable that what typical spectators for any theatrical performance grasp is delivered to them entirely during the time of the performance itself. The typical spectator—which excludes academics and professional critics—is usually unfamiliar with what she is about to see and hear, in content if not in kind. Nevertheless, most spectators are successful in tracking most theatrical performances, even some in wildly unfamiliar styles and traditions. This is an important fact. Its importance lies in the implication that spectators do not need to recognize anything beyond what they see in the performance to regard the event as something they can assess aesthetically and artistically.Second, rehearsal processes for theatrical performances involve a lot of experimentation that focuses on how to make features of actors’ bodies and voices render clearly what the audience is supposed to see and hear and on how to make the sights and sounds generated by the ensemble, the set, the lighting, and so on focus audience attention in the places that will best enable them to understand what the company is presenting. This too is an important fact, for it highlights what any spectator has to know something about in order to make cogent artistic assessments of the event she has witnessed.Finally, consider the following case... (shrink)

This book demonstrates the importance of a duty-based approach to morality. The dominance of what has been labeled “rights talk” leads to the neglect of duties without corresponding rights and stimulates the proliferation of questionable human rights. Therefore, this book argues for a duty-based perspective on morality in order to, first, salvage duties of virtue, and, second, counter the trend of rights-proliferation by providing some conceptual clarity concerning rights and duties that will enable us to differentiate between genuine and spurious (...) rights-claims. The argument for this duty-based perspective is made by examining two particularly contentious duties: duties to aid the global poor and civic duties. These two duties serve as case studies and are explored from the perspectives of political theory, jurisprudence and moral philosophy. The argument is made that both these duties can only be adequately defined and allocated if we adopt the perspective of duties, as the predominant perspective of rights either does not recognize them to be duties at all or else leaves their content and allocation indefinite. This renewed focus on duties does not wish to diminish the importance of rights. Rather, the duty-based perspective on morality will strengthen human rights discourse by distinguishing more strictly between genuine and inauthentic rights. Furthermore, a duty-based approach enriches our moral landscape by recognizing both duties of justice and duties of virtue. The latter duties are not less important or supererogatory, but function as indispensable complements to the duties prescribed by justice. In this perceptive and exceptionally lucid book, Eric Boot argues that a duty-focused approach to morality will remedy the shortcomings he finds in the standard accounts of human rights. The study tackles staple philosophical topics such as the contrasts between duties of virtue and duties of justice and imperfect and perfect obligations. But more importantly perhaps, it also confronts the practical question of what our human rights duties are and how we ought to act on them. Boot's book is a splendid example of how philosophy can engage and clarify real world problems. Kok-Chor Tan, Department of Philosophy, University of Pennsylvania A lively and enjoyable defence of the importance of our having duties to fellow human beings in severe poverty. At a time when global justice has never been more urgent, this new book sheds much needed light. Thom Brooks, Professor of Law and Government and Head of Durham Law School, Durham University. (shrink)

The question asked in this article is: what is a parasite?. Defining a parasite requires defining its host at the same time. A difficult question therefore arises about host-parasite relationships. The object of general parasitology is in fact to study the relationship between a host and its parasite. The initial question what is a parasite? has to be reformulated within a conceptual framework, that of relationship. This article is an attempt to transpose into parasitology some concepts which have been profitable (...) in the fields of physics and chemistry. The studies of R. Thom about the individual are also used. Concepts like that of field and principles like that of minimization are probably operational on a high level of organization. The description of host-parasite relationships could benefit from these concepts. (shrink)

The French school of theoretical biology has been mainly initiated in Poitiers during the sixties by scientists like J. Besson, G. Bouligand, P. Gavaudan, M. P. Schützenberger and R. Thom, launching many new research domains on the fractal dimension, the combinatorial properties of the genetic code and related amino-acids as well as on the genetic regulation of the biological processes. Presently, the biological science knows that RNA molecules are often involved in the regulation of complex genetic networks as effectors, (...) e.g., activators, inhibitors or hybrids. Examples of such networks will be given showing that there exist RNA “relics” that have played an important role during evolution and have survived in many genomes, whose probability distribution of their sub-sequences is quantified by the Shannon entropy, and the robustness of the dynamics of the networks they regulate can be characterized by the Kolmogorov–Sinaï dynamic entropy and attractor entropy. (shrink)

In order to explain the contemporary relevance of Aristotle’s thought, the following discussion explores various examples of Aristotelian theories, concepts, and distinctions which remain at the centre of the philosophical debate. From the domain of logic we consider the notion of category, which was developed by G. Ryle, the distinction between apophantic and semantic discourse, that was stressed by J. Austin, the debate on the principle of non- contradiction, and the theory of fallacies; from the domain of physics, we examine (...) the concepts of substrate, form, continuum, and time, which have been discussed by I. Prigogine and R. Thom; from the field of biology, we consider the function of form in animal generation, which M. Delbrück has compared to the role of DNA; from the field of psychology, we look at the notion of soul as a complex of dispositions, which has been identified by many philosophers as a solution of the “Mind-Body Problem;” from the realm of ethics, we investigate the distinction between action and production, an approach developed by H. Arendt, and the virtue of phronesis, which has been developed by H. G. Gadamer and A. McIntyre. In particular, we discuss the Aristotelian theory of the ambiguity of the concept of being, the notion of “focal meaning,” that has been developed by G. E. L. Owen, and the function of form in the identification of individuals, which has been pursued by M. Frede. (shrink)

The French school of theoretical biology has been mainly initiated in Poitiers during the sixties by scientists like J. Besson, G. Bouligand, P. Gavaudan, M. P. Schützenberger and R. Thom, launching many new research domains on the fractal dimension, the combinatorial properties of the genetic code and related amino-acids as well as on the genetic regulation of the biological processes. Presently, the biological science knows that RNA molecules are often involved in the regulation of complex genetic networks as effectors, (...) e.g., activators, inhibitors or hybrids. Examples of such networks will be given showing that there exist RNA “relics” that have played an important role during evolution and have survived in many genomes, whose probability distribution of their sub-sequences is quantified by the Shannon entropy, and the robustness of the dynamics of the networks they regulate can be characterized by the Kolmogorov–Sinaï dynamic entropy and attractor entropy. (shrink)

A new formulation of the cusp catastrophe is used to model the fundamental biological functions of predation and reproduction. This new representation lies on the decomposition of the overall cusp potential in two component potentials individualising the conflicting pregnances. It results in a more accurate and less problematic description than the original proposition by R. Thom, mostly due to the use of parameters with strong physical and evocative power. For instance, it gives a very suggestive account for such biologically (...) significant processes as digestion and assimilation, or pregnancy and delivery. Two couples of parameters are used in the new representation of the cusp: one defines the exact shape of the conflicting attractors which symbolises genetic coding, the other controls the deformation of -and interaction between- the two attractors and represent hormonal effects. This new description strikingly echoes Heidegger's philosophical thought on ontological difference, by giving a representation of the distinct concepts of entity and Being. It thus precludes a previous criticism concerning the impossibility for catastrophic models to depict the entity level. Such a type of representation might be useful in translating syntactical-semantic models of catastrophe theory into computer language. (shrink)

"Williams's masterful translation satisfies (at last!) a long-standing need. There are lots of good translations of Augustine's great work, but until now we have been forced to choose between those that strive to replicate in English something of the majesty and beauty of Augustine's Latin style and those that opt instead to convey the careful precision of his philosophical terminology and argumentation. Finally, Williams has succeeded in capturing both sides of Augustine's mind in a richly evocative, impeccably reliable, elegantly readable (...) presentation of one of the most impressive achievements in Western thought--Augustine's Confessions." --Scott MacDonald, Professor of Philosophy and Norma K. Regan Professor in Christian Studies, Cornell University. (shrink)

Trope theory is a leading metaphysical theory in analytic ontology. One of its classic statements is found in the work of Donald C. Williams who argued that tropes qua abstract particulars are the very alphabet of being. The concept of an abstract particular has been repeatedly attacked in the literature. Opponents and proponents of trope theory alike have levelled their criticisms at the abstractness of tropes and the associated act of abstraction. In this paper I defend the concept of a (...) trope qua abstract particular by rejecting arguments that purport to show that tropes should not be understood as abstract and by arguing that the abstractness of tropes plays an indispensable role in one of our more promising trope-theoretic analyses of universals and of concrete objects. (shrink)

The concept of instantiation is realized differently across a variety of metaphysical theories. A certain realization of the concept in a given theory depends on what roles are specified and associated with the concept and its corresponding term as well as what entities are suited to fill those roles. In this paper, the classic realization of the concept of instantiation in a one-category ontology of abstract particulars or tropes is articulated in a novel way and defended against unaddressed objections.

Models of cognitive vulnerability claim that depressive symptoms arise as a result of an interaction between negative affect and cognitive reactions, in the form of dysfunctional attitudes and negative inferential style. We present a model that complements this approach by focusing on the appraisal processes that elicit and differentiate everyday episodes of emotional experience, arguing that individual differences in appraisal patterns can foster negative emotional experiences related to depression (e.g., sadness and despair). In particular, dispositional appraisal biases facilitating the elicitation (...) of these emotions more frequently and more intensely. This, in turn, is likely to have a negative influence on cognitive processing and emotion regulation in general. (shrink)

Since the publication of Edmund Gettier's challenge to the traditional epistemological doctrine of knowledge as justified true belief, Roberts and Wood claim that epistemologists lapsed into despondency and are currently open to novel approaches. One such approach is virtue epistemology, which can be divided into virtues as proper functions or epistemic character traits. The authors propose a notion of regulative epistemology, as opposed to a strict analytic epistemology, based on intellectual virtues that function not as rules or even as skills (...) but as habits of the heart. To that end, they divide the task of clarifying and expounding their notion in the book's two parts.In the first part, Roberts and Wood examine various components that constitute their notion of regulative epistemology. The first are the epistemic goods or goals that drive the epistemic process. What is needed, claim Roberts and Wood, is an enriched notion of these goods rather than the restricted notion of justified true belief. Epistemic agents are more than calculating devices in that …. (shrink)

Diagnosing emotion disturbances should be informed by current knowledge about normal emotion processes. I identify four major functions of emotion as well as sources for potential dysfunctions and suggest that emotions should only be diagnosed as pathological when they are clearly dysfunctional, which requires considering eliciting events, realistic person-specific appraisal patterns, and adaptive responses or action tendencies. Evidence from actuarial research on the reported length of naturally occurring emotion episodes (including potential determinants) illustrates appropriateness criteria for the clinical evaluation of (...) emotion duration—an essential element in the DSM-5 symptom catalogue for major depression episodes, especially in bereavement. The need for more actuarial evidence on normal emotion responses and its consideration by the clinical community is highlighted. (shrink)

- How can anthropology improve our understanding of the interrelationship between nature and culture? - What can anthropology contribute to practical debates which depend on particular definitions of nature, such as that concerning sustainable development? Humankind has evolved over several million years by living in and utilizing 'nature' and by assimilating it into 'culture'. Indeed, the technological and cultural advancement of the species has been widely acknowledged to rest upon human domination and control of nature. Yet, by the 1960s, the (...) idea of culture in confrontation with nature was being challenged by science, philosophy and the environmental movement. Anthropology is increasingly concerned with such issues as they become more urgent for humankind as a whole. This important book reviews the current state of the concepts of 'nature' we use, both as scientific devices and ideological constructs, and is organised around three themes: - nature as a cultural construction; - the cultural management of the environment; and - relations between plants, animals and humans. (shrink)

This research aims to examine the Indonesian Ulema Council’s (MUI) fatwa strategy on COVID-19 vaccination booster, which employed religious narrations and laboratory test evidence to justify its arguments. Religious texts become ideological frames that are legitimate and effective in influencing the human senses. This study uses maqashid al-Qur’an as approach. Hence, the use of text of the Qur’an, hadith, and quotations from various ulema’s opinions elucidates the vaccination aim under Islamic law. Based on the MUI fatwa, the primary purpose of (...) the vaccinations is for the sake of national benefits, whereas, from the perspective of maqashid al-Qur’an, it mainly leads to the preservation of the Indonesian people’s life as a whole. The COVID-19 vaccination carried out in Indonesia is for curative purposes; consequently, this programme is classified into the daruriyah [urgent] category. The results revealed that religious authority plays a crucial role in persuading its adherents.Contribution: This research shows that interpreting the Qur’anic verses using the maqashid theory should also be integrated with a scientific approach for the benefit of humanity. (shrink)

Unlike some other reproductions of classic texts (1) We have not used OCR(Optical Character Recognition), as this leads to bad quality books with introduced typos. (2) In books where there are images such as portraits, maps, sketches etc We have endeavoured to keep the quality of these images, so they represent accurately the original artefact. Although occasionally there may be certain imperfections with these old texts, we feel they deserve to be made available for future generations to enjoy.