The trans-jurisdictional discourse on criminal justice is often hampered by mutual misunderstandings. The translation of legal concepts from English into other languages and vice versa is subject to ambiguity and potential error: the same term may assume different meanings in different legal contexts. More importantly, legal systems may choose differing theoretical or policy approaches to resolving the same issues, which sometimes – but not always – lead to similar outcomes. This book is the second volume of a series in which (...) eminent scholars from German-speaking and Anglo-American jurisdictions work together on comparative essays that explore foundational concepts of criminal law and procedure. Each topic is illuminated from German and Anglo-American perspectives, and differences and similarities are analysed. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Murder in the Garden? The Envy of the Gods in Genesis 2 and 3 Paul DuffJoseph Hallman George Washington University University of St. Thomas According to Walter Brueggemann, "No text in Genesis (or likely in the entire Bible) has been more used, interpreted and misunderstood" than the story of Adam and Eve in the garden. "This applies to careless, popular theology as well as to the doctrine of the (...) church"(41). Augustine attempted to explain the first few chapters of Genesis on no fewer than five different occasions throughout his career. Based on his reading ofPaul, Augustine and Western Christianity after him believed that the entire human race inherited the disobedience ofAdam and Eve. The story in Genesis 2-3 represents the beginning ofthe J narrative, the so-called Yahwist account of the creation which originated in the early years ofthe Israelite monarchy.8 Commentators have long acknowledged a variety ofelements in the Yahwist creation account which complicate its interpretation and defy any satisfactory explanation. Among the more puzzling elements in the story are, first, the implication in Gen. 3:22 of a plurality of divine beings, a fact which seems to contradict the rest ofthe narrative and which also flies in the face of Israelite monotheism. Second, according to Gen. 2:17, God threatens Adam with the punishment of 8 The Yahwist document, originally independent, was later combined with three other strands of ancient material to form the Pentateuch. For a recent study ofthe "Documentary Hypothesis," see Richard Friedman. 1 84Paul DuffandJoseph Hallman immediate death for transgressing the deity's prohibition (cf. 3:3, 3:4). God does not carry out the threatened punishment, however, nor does the text offer the reader an explanation for the deity's commutation ofthe sentence (Westermann 224-5). Third, the origin and nature ofthe serpent in the story is unclear. Where did he come from? The identification ofthis figure with Satan in the later tradition has no support in the text (Westermann 237-9). Finally, the prohibition not to eat ofthe single tree in the garden appears to be arbitrary. Hence the crime of Adam and Eve is obviously contrived. Despite the fact that the original sentence of death for their disobedience was not carried out, the curses invoked on Adam and Eve seem hardly warranted by the offense. Consequently, some sections ofthe text depict the deity as a petty tyrant, certainly a very different picture than that given by other scriptures ofthe Jewish and Christian traditions. We believe these difficulties can be overcome by approaching Genesis 2-3 from a Girardian perspective.9 We propose that this story has evolved10 in order to hide its original meaning. As a result—following Girard's understanding of the function and evolution of mythology—we will endeavor to "deconstruct" Genesis 2-3 in order to trace the evolution ofthis myth from its origin in a primal crime. This will enable us to explain the inconsistencies in the text as it stands and to appreciate the final revisions made by the biblical author(s). We will begin with a brief discussion of Girard's understanding ofmyth. Then we will turn to the problems ofthe Genesis text. Girard on myth According to Girard, myth is, quite simply, a narrative about a primal murder, rewritten from the vantage point ofthe killers (1977a, 64-7, 91-5; 1986, 24-44). As such, mythology covers up the role of the victimage mechanism as the basis ofculture. Myths which disguise or cover up such a crime can take many forms. For instance, the foundational murder of an 9 In his recent book on Paul, Robert Hamerton-Kelly presents a Girardian interpretation of this passage which is completely different from ours (92-7). Since Hamerton-Kelly appears to read the myth at face value without a sense of development, he, like most interpreters, ends with somewhat tortuous conclusions. 10It is virtually certain that the account found in Gen. 2 and 3 did not come into being as a free composition of the Yahwist. But, as Claus Westermann has pointed out in his history ofthe exegesis ofthis passage (186-91), despite the fact that most see it as a product of a long... (shrink)

This book reflects the belief that a careful study of the Law of Attempts should be both interesting in itself, as well as being a productive route into a number of larger and deeper issues in criminal law theory and in the philosophy of action. By identifying the legal doctrines which courts and legislatures have developed or adopted, the author goes on to ask whether and how they can be rationalized or rendered persuasive. Such an approach involves paying detailed attention (...) to cases. The book is also unusual in that it grapples with English, Scots and US law, showing great breadth of research as well as philosophical sophistication. This is a work which is likely to become a seminal study and a major contribution to the study of law and legal philosophy. (shrink)

The mistranslation by Mr. J. D. Duff of nox ubi sidera condit as ‘where night hides the stars’ is also the interpretation of many commentators from Sulpitius in the last decade of the fifteenth century to Lejay in the last decade of the nineteenth. Lucan is clearly speaking of East and West in 15, of South in 16, and of North in 17–18. How can night be said to hide the stars in the West? Burman saw the difficulty and (...) expressed himself thus: ‘…dubito, an recte dicatur, nox condere sidera, id est, Stellas, quae sole cadente prodeunt, et se spectanda praebent, obscurare et occulere: neque nunc occurrit alius ex veteribus locus, unde ita locutos fuisse Poetas appareat. Nox enim adveniens prodit sidera, praecipitans uero, aurora adveniente, potest recte dici condere, et quasi auferre ex oculis hominum sidera.’ Burman then was tempted to understand sidera as the sun, but could not parallel this use of the plural, although he admitted the use of sidera solis. He cited Ouid. Met. 14, 172–3 caelumque et sidera solis / respicio, as did Haskins, who took the same view with hesitation. Ezra de Clerq van Jever in his Specimen Selectarum Observationum, which he published at Leiden in 1772, definitely understood sidera as the sun, though he could parallel only sidus in the singular from Ouid. A.A. 1, 723–4 aequoris unda / debet et a radiis sideris esse niger. But, it may be said, these Ovidian passages are such that no ambiguity is possible, and are not quite relevant to Lucan's phrase. (shrink)

This book argues that the Russian-British philosopher Isaiah Berlin should primarily be understood through British idealism. Though he adopted Kantian methodology and a view of people as purposive beings, he rejected the Idealists' monism and theories of positive liberty. Robert A. Kocis demonstrates how, like Michael Oakeshott and R. G. Collingwood, Berlin can be seen as a 'post-Idealist' thinker, invested in the implications of that rich tradition.

The eminent and award-winning historian Robert A. Gross presents his long-awaited, immersive journey through Concord in the age of Emerson and Thoreau.

This is the prologue to a collection of essays on eugenics and psychiatry.

Punishment misunderstood -- The ratchet effect in theory -- The mixed signs in suffering -- The legal punishers -- The legally punished -- The punitive impulse in American society -- The law against itself -- Coda : the psychology of punishment.

God deserves obedience simply because he’s God—or does he? Inspired by a passion for biblical as well as constitutional scholarship, in this bold exploration Yale Law Professor Robert A. Burt conceptualizes the political theory of the Hebrew and Christian Bibles. God’s authority as expressed in these accounts is not a given. It is no less inherently problematic and in need of justification than the legitimacy of secular government. In recounting the rich narratives of key biblical figures—from Adam and Eve (...) to Noah, Cain, Abraham, Moses, Job, and Jesus—In the Whirlwind paints a surprising picture of the ambivalent, mutually dependent relationship between God and his peoples. Taking the Hebrew and Christian Bibles as a unified whole, Burt traces God’s relationship with humanity as it evolves from complete harmony at the outset to continual struggle. In almost every case, God insists on unconditional obedience, while humanity withholds submission and holds God accountable for his promises. Contemporary political theory aims for perfect justice. The Bible, Burt shows, does not make this assumption. Justice in the biblical account is an imperfect process grounded in human—and divine—limitation. Burt suggests that we consider the lessons of this tension as we try to negotiate the power struggles within secular governments, and also the conflicts roiling our public and private lives. (shrink)

This chapter examines traditionalists’ arguments why Dungeons Dragons (DD) is good for us first, and then discusses the cases where it could be bad for us. The irony for Christian critics of DD, such as Schnoebelen, is that the philosophical and theological arguments of Christian traditionalists, such as Thomas Aquinas and J.R.R. Tolkien, provide some of the strongest arguments in favor of DD role‐playing. However, to be fair, these same arguments can be used to argue that a particular DD game, (...) under certain circumstances, can be bad. “Postmodernists” refers loosely to a group of philosophers and thinkers who question, if not outright reject, the core tenets of the traditionalists. If the traditionalists have the correct metaphysics about the real world, then it follows that DD is good, but that care must be taken to make sure the game does not become morally objectionable. (shrink)

In the critical assessment of the rise of what Jameson has termed the modern centred subject … the lived experience of individual consciousness as a monadic and autonomous centre of activity, significant attention has been devoted to the impact of the institutions of the late eighteenth century ‘bourgeois cultural revolution’ such as the family and the school. Less consideration has been given in this history of regulated subjectivity to the emergence within key centres of cultural production of the discourse of (...) maternity and its lasting consequences for the understanding and representation of the mother–child bond as a matrix of both affectional relations and infant development. The late eighteenth century reconfiguration of the family as, in Jameson's words a private space within the nascent public sphere of bourgeois society intensified the ‘separation of the spheres’ begun in the early modern period and further formalised the zoning of the domestic experience as the defining site of emotional specialisation and individual growth. In the culture of early romanticism, this differentiation of domestic roles elevated children as the primary objects of a new regime of intergenerational care, replacing disciplinary control with intimate nurture and valorising a particular construction of motherhood as the ethical base of domestic piety and social stability beyond even the semantic reach of reason. Understanding the cultural processes by which this important ideological shift reshaped the paradigm of parent–child relations in industrial society – radiating beyond the realm of the family into the wider systems of childcare and education – enables us better to discern its continuing influence on perceptions of family life and motherhood today and to critically evaluate its potential contribution to changing conceptions of the place of the family in contemporary democratic society. (shrink)

The author of the phenomenal bestsellers He and She discusses the importance of regaining the feminine dimension in our lives. According to Johnson, regaining the power of feminine feeling and value is critical to the development of human peace and consciousness.

This is a bilingual edition of the selected peer-reviewed papers that were submitted for the International Symposium on Jesuit Studies on the thought of the Jesuit Francisco Suárez (1548-1617). The symposium was co-organized in Seville in 2018 by the Departamento de Humanidades y Filosofía at Universidad Loyola Andalucía and the Institute for Advanced Jesuit Studies at Boston College. Suárez was a theologian, philosopher and jurist who had a significant cultural impact on the development of modernity. Commemorating the four-hundredth anniversary of (...) his death, the symposium studied the work of Suárez and other Jesuits of his time in the context of diverse traditions that came together in Europe between the late Middle Ages, the Renaissance, and early modernity. (shrink)

Pharmacy Ethics: A Foundation for Professional Practice provides a model for examining and resolving ethical dilemmas, thereby helping student pharmacists understand the ethical decision-making process in professional practice.

Miscreants, in the form of deviants and dark personalities, impact organizations more than we realize. Most management instruction on ethics issues focuses on helping students to understand how to evaluate difficult situations, make ethical decisions, and engage in ethical actions. While this approach works well for the individual decision maker, it fails to help students learn how to anticipate and proactively prevent the unethical actions of others. Using ethical codes as a backdrop, “Thinking Like a Bad Guy” is a provocative (...) classroom activity to elicit critical and creative thinking among business students. The goal of this exercise is to facilitate student learning so they can anticipate the behaviors of bad actors and alter organizational processes and procedures to mitigate the ability of others to violate organizational ethical standards. (shrink)

An anthology of the life and teachings of Tsongkhapa that includes transcendental aspects of sutra, tantra, insight meditation, mystic conversations, spiritual songs, and a new introduction by Robert Thurman.