The wrongness of rape -- Rationality and the rule of law in offences against the person -- Complicity and causality -- In defence of defences -- Justifications and reasons -- The gist of excuses -- Fletcher on offences and defences -- Provocation and pluralism -- The mark of responsibility -- The functions and justifications of criminal law and punishment -- Crime : in proportion and in perspective -- Reply to critics.

Hastings Center Report, Volume 52, Issue S1, Page S3-S11, March‐April 2022.

Law as a leap of faith -- Legal positivism : 5 1/2 myths -- Some types of law -- Can there be a written constitution? -- How law claims, what law claims -- Nearly natural law -- The legality of law -- The supposed formality of the rule of law -- Hart on legality, justice, and morality -- The virtue of justice and the character of law -- Law in general.

Recent national calls for ethical, legal, and social implications (ELSI) research to “assess and address how ethical, historical, social, economic, legal, regulatory, socio-cultural, and contextual...

The Covid‐19 pandemic has revealed myriad social, economic, and health inequities that disproportionately burden populations that have been made medically or socially vulnerable. Inspired by state and local governments that declared racism a public health crisis or emergency, the Anti‐Racism in Public Health Act of 2020 reflects a shifting paradigm in which racism is considered a social determinant of health. Indeed, health inequities fundamentally rooted in structural racism have been exacerbated by the Covid‐19 pandemic, which calls for the integration of (...) antiracist praxis to promote ethical public health research processes. This commentary describes ways in which antiracist praxis—which emphasizes empowerment of traditionally marginalized populations—offers strategies to explicitly address power imbalance, stigmatization, and other consequences of structural racism in public health research. (shrink)

This article seeks to trace the origins of the requirement that a squatter must have an intention to possess (animus possidendi) in order to establish title by adverse possession. The requirement has been confirmed by the House of Lords in the recent case of Pye (Oxford) Ltd v Graham [2003] 1 AC 419. Its origins can readily be traced back to the decision of the Court of Appeal in Littledale v Liverpool College [1900] 1 Ch 19, but there is little (...) evidence of any need for intention before that case, and no convincing authority is cited for it. Possible explanations for the source of this requirement are considered by the article (for instance cases on re-entry by landlords and the so-called ‘found chattel’ cases), but these are ultimately rejected. The article goes on to suggest that the reason for this is that the intention requirement was ‘imported’ into English law from German Pandectist writers of the nineteenth century. It suggests that Littledale was the case in which this happened. It seeks to support this hypothesis by reference to biographical details of Lindley MR, who gave the leading judgment in Littledale, and who not only trained in part in Germany but also took an active interest in German scholarship of the time. A brief survey of the relevant German sources is undertaken, focusing primarily on the work of Savigny, but also considering the rival theory of Jhering. Finally, it tracks the development and refinement of the content of animus possidendi, first by 19th century legal scholars and then by 20th century judges, to make it ‘fit’ with English property law. It seeks to address the question of whether the animus possidendi requirement is a free-standing element (the ‘strong’ will theory), or whether it is simply implied from the acts of the squatter (the ‘weak’ will theory), and suggests a solution by reference to the German sources and later English cases. Finally, it considers how the House of Lords decision in Pye reflects the logical culmination of the acceptance of this ‘legal transplant’ into the common law. (shrink)

This paper considers some aspects of the morality of complicity, understood as participation in the wrongs of another. The central question is whether there is some way of participating in the wrongs of another other than by making a causal contribution to them. I suggest that there is not. In defending this view I encounter, and resist, the claim that it undermines the distinction between principals and accomplices. I argue that this distinction is embedded in the structure of rational agency.

Scholars have long puzzled about how to reconcile the proposal in Republic V that women should share the education and work of men, including ruling, with the deeply misogynistic comments found in the Republic and throughout Plato’s corpus. Even those who doubt that the proposal represents a sincere recognition of the women’s equality with men must provide a plausible explanation for this radical departure from the norms of Plato’s day. Taking inspiration from Annie Larivée’s application of Michèle Le Doeuff’s notion (...) of déshérence to the Republic and the Politicus, I argue that a new appreciation of the importance of childrearing motivates the reimagination of women’s work in the Republic. On this reading, the transformation of childrearing from a private undertaking of mostly women to a shared responsibility of the city as a whole protects young children from moral corruption at the hands of uneducated and morally inferior mothers and nurses. (shrink)

In this one-of-a-kind text, George P. Fletcher, a renowned legal theorist, offers a provocative yet accessible overview of the basics of legal thought. The first section of the book is designed to introduce the reader to fundamental concepts such as the rule of law and deciding cases under the law. It continues with an analysis of the values of justice, desert, consent, and equality, as they figure into our judgment of legal cultures in terms of soundness and legitimacy. The (...) final chapters address the problems of morality and consistency in the law. In each case the author not only introduces the basic ideas but considers important arguments in the contemporary literature and raises original claims of his own. Ideally suited for courses in the philosophy of law, legal issues, and jurisprudence, Basic Concepts of Legal Thought fills a void in the literature, as there is no other volume that both eases law students into the mysteries of legal philosophy and provides an introduction to the legal mind for non-lawyers. (shrink)

In the United States today criminal justice can vary from state to state, as various states alter the Modern Penal Code to suit their own local preferences and concerns. In Eastern Europe, the post-Communist countries are quickly adopting new criminal codes to reflect their specific national concerns as they gain autonomy from what was once a centralized Soviet policy. As commonalities among countries and states disintegrate, how are we to view the basic concepts of criminal law as a whole? Eminent (...) legal scholar George Fletcher acknowledges that criminal law is becoming increasingly localized, with every country and state adopting their own conception of punishable behavior, determining their own definitions of offenses. Yet by taking a step back from the details and linguistic variations of the criminal codes, Fletcher is able to perceive an underlying unity among diverse systems of criminal justice. Challenging common assumptions, he discovers a unity that emerges not on the surface of statutory rules and case law but in the underlying debates that inform them. Basic Concepts of Criminal Law identifies a set of twelve distinctions that shape and guide the controversies that inevitably break out in every system of criminal justice. Devoting a chapter to each of these twelve concepts, Fletcher maps out what he considers to be the deep structure of all systems of criminal law. Understanding these distinctions will not only enable students to appreciate the universal fundamental ideas of criminal law, but will enable them to understand the significance of local details and variations. This accessible illustration of the unity of diverse systems of criminal justice will provoke and inform students and scholars of law and the philosophy of law, as well as lawyers seeking a better understanding of the law they practice. (shrink)

Although computation and the science of physical systems would appear to be unrelated, there are a number of ways in which computational and physical concepts can be brought together in ways that illuminate both. This volume examines fundamental questions which connect scholars from both disciplines: is the universe a computer? Can a universal computing machine simulate every physical process? What is the source of the computational power of quantum computers? Are computational approaches to solving physical problems and paradoxes always fruitful? (...) Contributors from multiple perspectives reflecting the diversity of thought regarding these interconnections address many of the most important developments and debates within this exciting area of research. Both a reference to the state of the art and a valuable and accessible entry to interdisciplinary work, the volume will interest researchers and students working in physics, computer science, and philosophy of science and mathematics. (shrink)

Abstract As religious-environmental awareness in the United States becomes more widespread, many faith-based institutions find themselves unaware of the range of environmental actions that they can take, and methods for organizing their efforts for greatest impact. This essay conceptualizes Spirit, Stewardship, and Justice as organizing values for understanding religious-environmental efforts. The essay then reviews environmental action steps that faith-based institutions can take, including the integration of environmental focus into worship, religious education, spiritual practices, energy and water conservation, food practices, waste (...) management, toxics reduction, environmental justice education, alliance building, advocacy, and community organizing. The essay concludes with a review of research on community-based social marketing and organizational transformation, offering these as methods for increasing the impact of religious efforts to address energy and protect the environment. (shrink)

Prominent consumer depression manuals issued in recent years circulate a standard depression script as scientific knowledge. The script, asserting that a broad spectrum of depressions are brain illnesses that require antidepressant treatment, is in fact highly contested among researchers. This paper reviews the logical problematics of these manuals, and how such discourse promotes the diagnosis and pharmaceutical treatment of behaviors ranging from mild symptoms to severe depression. In keeping with the trends of pharmaceutical advertising and State health policy, these manuals (...) encourage consumers to self-scrutinize risky behavior, and to treat common behavioral and mood distresses with antidepressants. Ultimately, these activities of self-management function to produce a more productive citizen population. (shrink)

I'll say first why I write. It intrigues me, I wonder why I write. How it is that I write and why it's so important. I take this as an act of life. One thing that scares me as a writer is a Lari song “ndombi ku ndombi sadidi mukanda komanda diandi Matsoua Ndele.” That can be translated as “even a black can write, hey, things are progressing. “ In the beginning going to school was considered an enormous act, it (...) was civilization, it was the very center of civilization, and writing a letter for a black person, a poor black, was a grandiose thing. It was in Matsoua's time, in the forties, that people sang this song in the pool to make rubber. (shrink)

First published in 1999. Routledge is an imprint of Taylor & Francis, an informa company.

Current philosophical literature is saturated with the debate on biomedical enhancement, where bio-liberals and conservatives alike make compelling arguments for and against the enterprise. However, this literature is yet to consider the impact such enhancement would have on the individual’s actual lived experience. This article seeks to remedy that by situating the bioethics debate within the phenomenology of Maurice Merleau-Ponty, specifically theorising how biomedical enhancement of the physical kind would impact Merleau-Ponty’s notion of the body-subject. The central issue arises when (...) the reciprocal relationship between the physical body and phenomenal world (termed “body/world dynamic”) is shown to be off-balance because of the rapid rate at which human beings continue to “enhance” their environment. In this, we see that the development of the world has outweighed that of the body to the extent that we, as body-subjects, have become maladapted to the place we call home. This article will suggest that we can attempt to resolve this by restoring the balance of the body/world dynamic with “restrictive” enhancement, thereby providing an ethical justification for the pursuit of the enterprise. (shrink)

Lu Xun is considered by many scholars the most influential modern Chinese writer, likened to Tolstoy, Shakespeare and Goethe in both scope and cultural impact, to the extent that Lu Xun scholarship has earned its own formal appellative: ‘Luxunology’. This impact is due not only to the initial impact of Lu Xun's fiction, but also greatly to Mao Zedong's use of Lu Xun during the Cultural Revolution. The history of Lu Xun's early fiction is analogous to the various historical manifestations, (...) and original ‘spirit’, of Marxism. Through close readings of Lu Xun's early fiction, and then detailing the relationship between Mao Zedong's use of Lu Xun in the Cultural Revolution, I will explore Jacques Derrida's 1993 work Specters of Marx, especially focusing on Derrida's distinction between the ‘spirit’ and the ‘spectre’. (shrink)

There is a moment when every child leaves color-blindness behind & enters the world of race consciousness. At that moment, there are two roads parents, educators, & therapists can take: they can follow the status quo, internalizing racial expectations, & become-consciously or unconciously-part of the problem. Or, they can question stereotypes, &, actively work against racism to become part of the solution. This book provides the tools we all need to become part of the solution. Beginning with racial segregation in (...) an integrated school situation, this book explores race relations & the development of racial identity from many different viewpoints. (shrink)

Amid the highly industrialized, export-focused food system of the Canadian prairies, some farmers and consumers are turning to localized agriculture as an alternative—they are “going local”. Despite farmers’ obvious importance to the food system, surprisingly little research has examined their motivations and reasons for localization. To date, most local food scholarship in North America has focused on either consumers’ motivations to buy local or the systemic aspects of local food, such as regulations, infrastructure, and marketing arrangements. Existing research suggests that (...) local food systems are supported by consumers’ rejection of the industrial paradigm and desire to connect with their food and its source. But what drives farmers to localize, particularly when export-focused production is firmly entrenched as the status quo? Based on interviews and focus groups with 60 farmers, processors, policy experts, and retailers in the Canadian prairie province of Saskatchewan, this paper examines local food systems from the producer perspective in a rural context of high industrialization and geographical dispersion. We examine what motivates farmers to produce for local markets, and what forces they must resist to do so. The findings indicate that farmers’ main motivations for localization are political and social in nature, and stem from a critique of the dominant neoliberal agri-food system. We map farmers’ agential responses to this dominant system on a spectrum that ranges from acceptance of a neoliberal “feed the world” ideology to promotion of food sovereignty. Drawing on farmers’ perspectives, our findings question the straightforward equation of local food with environmental sustainability and also challenge neoliberal economic assumptions of “scaling up”. (shrink)

With the rise of place-based models of education, credence needs to be given to epistemological traditions that curate individual understandings of and relations to the social world (i.e., places). The epistemological traditions that have been shared across generations of North American settler colonialists are at the center of this article. The dominant epistemology of settler society provides racialized, anthropocentric, and capitalistic understandings of places. Relations to place are cultivated through particular conceptions of nature, private property, and personhood, which remain at (...) the epistemic foundation of Western society. These conceptions are concomitant to modes of domination like white supremacy and settler colonialism, and ultimately constitute an ideal white male settler actor. This article suggests that place-based education carries the potential to offer epistemic resistance to domination, but first needs to engage in a more comprehensive understanding of settler traditions of place. (shrink)

Exploring online criticisms of the ‘take the knee’ protest during ‘Euro 2020’, this article examines how alt- and far-right conspiracies were both constructed and communicated via the social media platform, Twitter. By providing a novel exploration of alt-right conspiracies during an international football tournament, a qualitative thematic analysis of 1,388 original tweets relating to Euro 2020 was undertaken. The findings reveal how, in criticisms levelled at both ‘wokeism’ and the Black Lives Matter movement, antiwhite criticisms of the ‘take the knee’ (...) protest were embroiled in alt-right conspiracies that exposed an assumed Cultural Marxist, ‘woke agenda’ in the tournament’s organization and mainstream media coverage. In conclusion, it is argued that conspiratorial discourses, associated with the alt-right, provided a framework through which the protest could be understood. This emphasises how the significance of conspiracy functions to promote the wider dissemination of alt-right ideology across popular cultural contexts, such as sport. (shrink)

Sartre’s discussion of «being-with-others» in Part Three of Being and Nothingness is extraordinarily rich and highly original. At its core, I argue, lies an insight into the aporetic character of intersubjectivity – «the scandal of the plurality of consciousnesses», as Sartre puts it – which emerges most clearly in his critique of Hegel’s theory of intersubjectivity. My aim in this paper is to isolate this thesis of Sartre’s and spell out his grounds for it. I argue furthermore that Hegel’s conception (...) of intersubjectivity corresponds to that of natural consciousness, such that, in rejecting Hegel, Sartre is also impugning the reality of a conception integral to ordinary thought. I suggest that Sartre’s insight also holds the key to his distinctive approach to social and political theory in the Critique of Dialectical Reason. (shrink)