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.

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...

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)

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)

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)

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 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...

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 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)

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)

. 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 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)

Editor’s NoteThanks to the initiative of Alan Norrie, we are pleased to present here a symposium on Nick Wilson’s book The Space that Separates: A Realist Theory of Art. Several authors have contri...

This essay explores what we might mean by good and evil, and argues that these terms remain salient for a critical, socio-historical, understanding of criminal law. It draws upon a meta-ethics of freedom and solidarity to explain what good means in recent mercy killing cases in England and Wales, and what evil means in Arendt’s phrase, the ‘banality of evil’.

Precautionary Criminalisation in an Age of Vulnerable Autonomy Content Type Journal Article Category Book Review Pages 1-3 DOI 10.1007/s11572-012-9142-4 Authors Jonathan Simon, Adrian A Kragen Professor of Law, University of California, Berkeley, CA, USA Journal Criminal Law and Philosophy Online ISSN 1871-9805 Print ISSN 1871-9791.

I propose to consider the question, "Can machines think?" This should begin with definitions of the meaning of the terms "machine" and "think." The definitions might be framed so as to reflect so far as possible the normal use of the words, but this attitude is dangerous, If the meaning of the words "machine" and "think" are to be found by examining how they are commonly used it is difficult to escape the conclusion that the meaning and the answer to (...) the question, "Can machines think?" is to be sought in a statistical survey such as a Gallup poll. But this is absurd. Instead of attempting such a definition I shall replace the question by another, which is closely related to it and is expressed in relatively unambiguous words. The new form of the problem can be described in terms of a game which we call the 'imitation game." It is played with three people, a man (A), a woman (B), and an interrogator (C) who may be of either sex. The interrogator stays in a room apart front the other two. The object of the game for the interrogator is to determine which of the other two is the man and which is the woman. He knows them by labels X and Y, and at the end of the game he says either "X is A and Y is B" or "X is B and Y is A." The interrogator is allowed to put questions to A and B. We now ask the question, "What will happen when a machine takes the part of A in this game?" Will the interrogator decide wrongly as often when the game is played like this as he does when the game is played between a man and a woman? These questions replace our original, "Can machines think?". (shrink)

This book offers a broad-based critical survey of recent anti-realist arguments in the philosophy of science, cultural theory, hermeneutics, the sociology of knowledge and the interpretation of quantum-mechanics.

What is the basis for arguing that a volunteer army exploits citizens who lack civilian career opportunities? How do we determine that a doctor who has sex with his patients is exploiting them? In this book, Alan Wertheimer seeks to identify when a transaction or relationship can be properly regarded as exploitative--and not oppressive, manipulative, or morally deficient in some other way--and explores the moral weight of taking unfair advantage. Among the first political philosophers to examine this important topic (...) from a non-Marxist perspective, Wertheimer writes about ordinary experience in an accessible yet philosophically penetrating way. He considers whether it is seriously wrong for a party to exploit another if the transaction is consensual and mutually advantageous, whether society can justifiably prohibit people from entering into such a transaction, and whether it is wrong to allow oneself to be exploited. Wertheimer first considers several contexts commonly characterized as exploitive, including surrogate motherhood, unconscionable contracts, the exploitation of student athletes, and sexual exploitation in psychotherapy. In a section outlining his theory of exploitation, he sets forth the criteria for a fair transaction and the point at which we can properly say that a party has consented. Whereas many discussions of exploitation have dealt primarily with cases in which one party harms or coerces another, Wertheimer's book focuses on what makes a mutually advantageous and consensual transaction exploitive and analyzes the moral and legal implications of such exploitation. (shrink)

You can stand strong in the midst of shaking. Does it feel like all hell is breaking loose in the church right now? This time of shaking is actually an act of God -- a refiner's fire through which He will bring radical, glorious reformation to the church through exposure, confrontation, and cleansing. Through this upheaval, God is seeking to mold and mature His people into the supernatural community that were destined to be! In a dramatic encounter with the fear (...) of the Lord, author and pastor, Chad Norris received an assignment from God to bring fatherly training, correction, and rebuke to the Church, shaping fellow believers into powerful Kingdom representatives. In God is Shaking His Temple, Chad offers a prophetic invitation to partner with this move of God to manifest His Kingdom on earth. In this book, you will discover... Ancient truths that come with promises of blessing Discernment to distinguish between God's work and the devil's Strength to stand firm in the midst of crisis and chaos Wisdom to walk as a mature child of God, fit to move in signs, wonders and miracles Freedom from religious bondage and false views of God This season of upheaval is an invitation from the Father to incline your ear, hear the Lord's voice, and join His Kingdom army that will bring Heaven's light to this dark world. (shrink)

This chapter raises various questions with regard to philosophy's relationship to the physical sciences and the issue whether we can mount an argument for the occurrence or possibility of progress in philosophy comparable to those raised in the scientific context. It examines cases made pro and contra the progressivist view with reference to recent debates in epistemology and philosophy of science, concluding with a qualified endorsement of the argument by analogy. This places the onus of proof very squarely on the (...) skeptics, relativists, anti‐realists, social constructivists, and other progress‐deniers. (shrink)

This collection of original essays by prominent authors contributes to current debates about democracy in powerful and provocative ways. The occasion for bringing together this notable collection of essays is the opportunity to examine the crisis in democracy and the promise of new alternative models.

In lieu of an abstract, here is a brief excerpt of the content:ChatGPT:a psychomachiaChristopher Norris (bio)The human mind is not, like ChatGPT and its ilk, a lumbering statistical engine for pattern matching, gorging on hundreds of terabytes of data and extrapolating the most likely conversational response or most probable answer to a scientific question. On the contrary, the human mind is a surprisingly efficient and even elegant system that operates with small amounts of information; it seeks not to infer brute (...) correlations among data points but to create explanations.—Satya P. MohantyIt remains to be seen whether AI poems will eventually go beyond intended or unintended parody and trigger emotional responses in human readers that run deeper than wry amusement.... Current AI poets are in essence mining the metaphors that humans have already formed and planted in texts–in the view of Robert Frost, 'The richest accumulation of the ages is the noble metaphors we have rolled up." Could AI create genuinely novel metaphors, rather than only variations of those we humans have come up with already?—Keith HolyoakeNoteThis poem started out as a debate in clearly-marked dialogue form (alternating roman and italic print) between an advocate of ChatGPT who thinks that 'strong' AI is, or will soon be, capable of writing 'authentic' poetry, and a poet who resists that claim on various grounds, personal and philosophical. The opening, strict-form sonnet proposes that the issue be tested by running it (the poem itself) past the software and seeing what results as the sonnet-sequence unfolds from that speculative source-point. As it goes along, the sonnet-forms multiply, the contending viewpoints seem to merge or even change sides, the roman-italic alternation breaks down, and the project (theirs or mine?) loses its intended clarity of theme and treatment. I include the poem here as a kind of performative commentary on the way that thematic concerns or intentions may get lost once the AI software really starts doing its wondrous, intriguing, or humanly ominous thing.One way to test this thing, ChatGPT:Let's run a really strict-form poem on it,Like a Petrarchan or Shakespearean sonnet,Then input 'do thou likewise,' just to seeWhat comes out. Does the poem rhyme and scan [End Page 77] Correctly yet, as claimed, hit off the styleConvincingly, and thereby close the fileOn what's unique about the species 'man'?If so, you'll find it difficult to tellWhat's what with this example of the kind,Along with other cases you may findWorth putting to the online test as well.And don't get spooked if, like myself, you're proneTo think you're someone (something?) else's clone.You crease me up, you poets, with your fearsThat some new bit of software (albeit oneOf quite superior powers) might have outdoneYou in those self-apportioned special spheresOf excellence where you and some few peers,Each special, each unique, affect to shunAll thought that your fine poems may just runOn lines devised by AI gadgeteers.A nice idea, last refuge of the weakIn mind but good in heart, the valiant fewTo whose deluded faith it falls to holdOut still for what you fantasists may seekYet scarcely hope to find: new ways to doThe genius thing, transmute base stuff to gold!Read slowly, sensitively; don't permitYourself, dear reader, nobbled as no doubtYou've been by those who have the techno-clout,To take that stuff on board and let a bitOf pseudo-Keats, spoof Yeats, identikit'Stuffed-owl'-grade Wordsworth, or what else they toutAs the real deal demand you read withoutDiscerning what no moving finger's writ.Just hearken, let your quickened sense respondTo all that yet eludes the furthest reachOf AI artefacts. They had you connedAt first, though soon you missed the living speechUn-missed by those who cannot hear beyondWhat any tin-eared programmer could teach.Let's bring the reader in on this, I say.We've need of them, we disputants with much [End Page 78] At stake in different ways, they there to payOur... (shrink)

Taking his cue from Wallace Steven's claim that poetry now replaces religion as “life's redemption” and Heidegger's insistence that “the distinction between ‘theoretical’ and ‘poetical’ cannot be applied to philosophical texts”, Richard Rorty celebrated the poetic potential of philosophy. In this prologue, Christopher Norris pays Rorty the compliment of taking his views on the nature and importance of poetry seriously enough to offer an engaging commentary on Rorty's work in poetic form.

Abstract:Here I look at sundry aspects of the current controversy about Generative AI and, in particular, the implications of this new and rapidly evolving technology for poetry, the arts, and human creativity in general. My essay looks at earlier episodes in the history of thought, from Descartes on, that I take to have prefigured this latest debate around 'the human' in relation to its various physical, 'artificial,' or (presumptively) prosthetic means of extension and refinement. I also discuss its bearing on (...) literary-critical issues concerning the formal or structural aspects of poetry, the role (if any) of authorial intent, and the extent to which criticism enters into– and might lay claim to a stake in–what counts as human creativity. A central point of reference is William Empson's 1930 book, Seven Types of Ambiguity, where these issues are raised in a strikingly prescient way through his practice of close-focused textual analysis allied to great philosophical acuity. I conclude that a priori attitudinizing, pro or con, is not much use in this context, but that poets, critics, philosophers, cognitive scientists, and AI researchers need to cooperate in the reexamination of many long-standing but now highly contestable distinctions. (shrink)

William Norris Clarke, S.J., one of the leading Thomist scholars in the United States, came to the Philippines recently and delivered a series of lectures in the Ateneo de Manila University and the University of Santo Tomas on various philosophical topics inspired by the thought of St. Thomas. Fr. Clarke is now a Professor Emeritus of Philosophy in Fordham University. He was co-founder and editor (l961-85) of the International Philosophical Quarterly and is the author of some 60 articles, plus the (...) following books: The Philosophical Approach to God, The Universe as Journey, Person and Being, Explorations in Metaphysics: Being—God—Person, and The One and the Many: A Contemporary Thomistic Metaphysics (Fall, 2000).He continues to fulfill his mission of propagating the thoughts of St. Thomas—-the “creative retrieval of St. Thomas,” as he puts it—-in and out of the U.S.An brief excerpt from this interview was originally published in Budhi: A Journal of Ideas and Culture1/3, 1997. (shrink)

In a discussion of rule-following inspired by Wittgenstein, Kripke asks us to consider the relation which holds between meaning plus by ‘+’ and answering questions like, ‘What is the sum of 68 and 57?’. A dispositional theory has it that if you mean plus by ‘+’ then you will probably answer, ‘125’. That is because, according to such a theory, to mean plus by ‘+’is, roughly speaking, to be disposed, by and large, and among other things, to answer such questions (...) with the correct sum. Kripke wants to emphasize, by contrast, that if you mean plus by ‘+’ then, faced with the question, ‘What is 68 + 57?’ yououghtto answer, ‘125’. One could sum up the assumption about meaning which appears to underpin this criticism of dispositional theories in terms of the slogan that meaning is normative. Allan Gibbard gives us a way of reading that slogan which is suggested by Kripke's brief remarks:The crux of the slogan that meaning is normative … might be another slogan: thatmeansimpliesought. To use roughly Kripke's example, from statements saying what I mean by the plus sign and other arithmetic terms and constructions, it will follow that Ioughtto answer ‘7’ when asked ‘What's 5 + 2?’. (shrink)

Explores language and mysticism, Buddhism and Zen, Christianity, comparative religion, psychedelics, and psychology and psychotherapy. Gold Winner for Philosophy, 2017 Foreword INDIES Book of the Year Awards To commemorate the 2015 centenary of the birth of Alan Watts (1915–1973), Peter J. Columbus and Donadrian L. Rice have assembled a much-needed collection of Watts’s scholarly essays and lectures. Compiled from professional journals, monographs, scholarly books, conferences, and symposia proceedings, the volume sheds valuable light on the developmental arc of Watts’s thinking (...) about language and mysticism, Buddhism and Zen, Christianity, comparative religion, psychedelics, and psychology and psychotherapy. This definitive collection challenges Watts’s reputation as a “popularizer” or “philosophical entertainer,” revealing his concerns to be much more expansive and transdisciplinary than is suggested by the parochial “Zen Buddhist” label commonly affixed to his writings. The editors’ authoritative introduction elucidates contemporary perspectives on Watts’s life and work, and supports a bold rethinking of his contributions to psychology, philosophy, and religion. Peter J. Columbus is Administrator of the Shantigar Foundation in Rowe, Massachusetts. Donadrian L. Rice is Professor of Psychology at the University of West Georgia. Together they are the coeditors of Alan Watts—Here and Now: Contributions to Psychology, Philosophy, and Religion, also published by SUNY Press. (shrink)