The principle that a sentence should be proportionate to the seriousness of the offence remains at the centre of penal practice and scholarly debate. This volume explores highly topical aspects of proportionality theory that require examination and further analysis. von Hirsch and Ashworth explore the relevance of the principle of proportionality to the sentencing of young offenders, the possible reasons for departing from the principle when sentencing dangerous offenders, and the application of the principle to socially deprived offenders. They (...) examine the claim that the principle tends to be associated with greater severity in sentencing, and explore the relevance of penance and of restorative justice to proportionality theory. Their examination of arguments and counter-arguments culminates in a re-statement of the main criteria for proportionate sentencing.The authors are well known for their previous writings on proportionality theory, and this volume broadens the theory to deal with important contemporary issues in crime and punishment. (shrink)

This book arises from a three-year study of Preventive Justice directed by Professor Andrew Ashworth and Professor Lucia Zedner at the University of Oxford. The study seeks to develop an account of the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual. States today are increasingly using criminal law or criminal law-like tools to try to prevent or reduce the risk of anticipated future harm. Such measures include (...) criminalizing conduct at an early stage in order to allow authorities to intervene; incapacitating suspected future wrongdoers; and imposing extended sentences or indefinate on past wrongdoers on the basis of their predicted future conduct - all in the name of public protection and security. The chief justification for the state's use of coercion is protecting the public from harm. Although the rationales and justifications of state punishment have been explored extensively, the scope, limits and principles of preventive justice have attracted little doctrinal or conceptual analysis. This book re-assesses the foundations for the range of coercive measures that states now take in the name of prevention and public protection, focussing particularly on coercive measures involving deprivation of liberty. It examines whether these measures are justified, whether they distort the proper boundaries between criminal and civil law, or whether they signal a larger change in the architecture of security. In so doing, it sets out to establish a framework for what we call 'Preventive Justice'. (shrink)

The Oxford Monographs On Criminal Law And Justice series aims to cover all aspects of criminal law and procedure including criminal evidence. the scope of the series is wide, encompassing both practical and theoretical works. Series Editor: Professor Andrew Ashworth, Vinerian Professor of English Law, All Souls College, Oxford. This volume is a thematic collection of essays on sentencing theory by leading writers. The essays fall into three groups. Part I considers the underlying justifications for the imposition of (...) punishment by the State, and examines the relationship between victims, offenders and the State. Part II addresses a number of areas of sentencing policy that have given rise to particular difficulty, such as the sentencing of drug offenders, the rationale for discounting sentences for multiple offenders, the existence of special sentencing for young offenders, and cases where the injury done to the victim is of a different magnitude from what might have been expected. Part III raises various questions about the unequal impact on offenders of different sentencing measures, and examines the extent to which sentences should be adjusted to take account of these different impacts and of broader social inequalities. This volume is dedicated to Professor Andrew von Hirsch, whose continuing work on sentencing theory provided the stimulus for the collection. (shrink)

Are preventive justice measures justified? Do they needlessly blur the boundaries between criminal and civil law, signalling a change in the architecture of security? The contributors in this volume re-assess the foundations for the range of coercive measures that states now take in the name of prevention and public protection.

Recent years have seen mounting challenge to the model of the criminal trial on the grounds it is not cost-effective, not preventive, not necessary, not appropriate, or not effective. These challenges have led to changes in the scope of the criminal law, in criminal procedure, and in the nature and use of criminal trials. These changes include greater use of diversion, of fixed penalties, of summary trials, of hybrid civil–criminal processes, of strict liability, of incentives to plead guilty, and of (...) preventive orders. The paper will assess the implications of these changes for the function of the criminal law, assessing the reasons behind them, and examining whether or not they are to be welcomed. Identifying the larger import of these changes draws attention to the changing relationship between state and citizen as well as changes in the nature of the state itself. These can in turn be attributed to a jostling among the different manifestations of the authoritarian state, the preventive state, and the regulatory state. These changes have profound normative implications for a liberal theory of the criminal law that require its re-articulation and its defence. A modest start may be to insist that where the conduct is criminal and the consequences are punitive the protections of criminal procedure and trial must be upheld. (shrink)

This is a study of possession offences, with the focus on those intended to penalise the risk of a serious harm. Offences of this kind are examined in the light of basic doctrines of the criminal law, and in the light of the proper limits of endangerment offences. They are found wanting in both respects, and are also found to pose particular sentencing problems. The conclusion is that many risk-based possession offences are unfair, save those that require proof of a (...) further intent or those aimed at a failure properly to safeguard a dangerous object. (shrink)

This is the first book in recent years to reconsider the shape and details of the English law of homicide, a topic avoided by governments in their plans for law reform. It discusses how the law should define murder, how it should respond to provoked killings, how it should deal with mentally abnormal killers, etc.

British logic teaching in the sixteenth and seventeenth centuries was provided in England by Oxford and Cambridge, both medieval foundations, and in Scotland by the universities of St Andrews and A...

The first edition was awarded the '2005 Textbook Award of the Association of University Professors of Management (Verband der Hochschullehrer fur ...

We all face death, but how many of us are actually ready for it? Whether our own death or that of a loved one comes first, how prepared are we, spiritually or practically? In Preparing to Die, Andrew Holecek presents a wide array of resources to help the reader address this unfinished business. Part One shows how to prepare one's mind and how to help others, before, during, and after death. The author explains how spiritual preparation for death can (...) completely transform our relationship to the end of life, dissolving our fear and helping us to feel open and receptive to letting go in the dying process. Daily meditation practices, the stages of dying and how to work with them, and after-death experiences are all detailed in ways that will be particularly helpful for those with an interest in Tibetan Buddhism and in Tibetan approaches to conscious dying. Part Two addresses the practical issues that surround death. Experts in grief, hospice, the funeral business, and the medical and legal issues of death contribute chapters to prepare the reader for every practical concern, including advance directives, green funerals, the signs of death, warnings about the funeral industry, the stages of grief, and practical care for the dying. Part Three contains heart-advice from twenty of the best-known Tibetan Buddhist masters now teaching in the West. These brief interviews provide words of solace and wisdom to guide the dying and their caregivers during this challenging time. Preparing to Die is for anyone interested in learning how to prepare for death from a Buddhist perspective, both spiritually and practically. It is also for those who want to learn how to help someone else who is dying, both during the time of illness and death as well as after death. (shrink)

How should politicians act? When should they try to lead public opinion and when should they follow it? Should politicians see themselves as experts, whose opinions have greater authority than other people's, or as participants in a common dialogue with ordinary citizens? When do virtues like toleration and willingness to compromise deteriorate into moral weakness? In this innovative work, Andrew Sabl answers these questions by exploring what a democratic polity needs from its leaders. He concludes that there are systematic, (...) principled reasons for the holders of divergent political offices or roles to act differently. Sabl argues that the morally committed civil rights activist, the elected representative pursuing legislative results, and the grassroots organizer determined to empower ordinary citizens all have crucial democratic functions. But they are different functions, calling for different practices and different qualities of political character. To make this case, he draws on political theory, moral philosophy, leadership studies, and biographical examples ranging from Everett Dirksen to Ella Baker, Frances Willard to Stokely Carmichael, Martin Luther King Jr. to Joe McCarthy. Ruling Passions asks democratic theorists to pay more attention to the "governing pluralism" that characterizes a diverse, complex democracy. It challenges moral philosophy to adapt its prescriptions to the real requirements of democratic life, to pay more attention to the virtues of political compromise and the varieties of human character. And it calls on all democratic citizens to appreciate "democratic constancy": the limited yet serious standard of ethical character to which imperfect democratic citizens may rightly hold their leaders--and themselves. (shrink)

This paper argues that the dominance of linear models has led many sociologists to construe the social world in terms of a "general linear reality." This reality assumes (1) that the social world consists of fixed entities with variable attributes, (2) that cause cannot flow from "small" to "large" attributes/events, (3) that causal attributes have only one causal pattern at once, (4) that the sequence of events does not influence their outcome, (5) that the "careers" of entities are largely independent, (...) and (6) that causal attributes are generally independent of each other. The paper discusses examples of these assumptions in empirical work, consider standard and new methods addressing them, and briefly explores alternative models for reality that employ demographic, sequential, and network perspectives. (shrink)

A Physicalist Manifesto is a full treatment of the comprehensive physicalist view that, in some important sense, everything is physical. Andrew Melnyk argues that the view is best formulated by appeal to a carefully worked-out notion of realization, rather than supervenience; that, so formulated, physicalism must be importantly reductionist; that it need not repudiate causal and explanatory claims framed in non-physical language; and that it has the a posteriori epistemic status of a broad-scope scientific hypothesis. Two concluding chapters argue (...) in detail that contemporary science provides no significant empirical evidence against physicalism and some considerable evidence for it. Written in a brisk, candid and exceptionally clear style, this 2003 book should appeal to professionals and students in philosophy of mind, metaphysics and philosophy of science. (shrink)

Empirical work has lately confirmed what many philosophers have taken to be true: people are ‘biased toward the future’. All else being equal, we usually prefer to have positive experiences in the future, and negative experiences in the past. According to one hypothesis, the temporal metaphysics hypothesis, future-bias is explained either by our beliefs about temporal metaphysics—the temporal belief hypothesis—or alternatively by our temporal phenomenology—the temporal phenomenology hypothesis. We empirically investigate a particular version of the temporal belief hypothesis according to (...) which future-bias is explained by the belief that time robustly passes. Our results do not match the apparent predictions of this hypothesis, and so provide evidence against it. But we also find that people give more future-biased responses when asked to simulate a belief in robust passage. We take this to suggest that the phenomenology that attends simulation of that belief may be partially responsible for future-bias, and we examine the implications of these results for debates about the rationality of future-bias. (shrink)

This introduction to mathematical logic starts with propositional calculus and first-order logic. Topics covered include syntax, semantics, soundness, completeness, independence, normal forms, vertical paths through negation normal formulas, compactness, Smullyan's Unifying Principle, natural deduction, cut-elimination, semantic tableaux, Skolemization, Herbrand's Theorem, unification, duality, interpolation, and definability. The last three chapters of the book provide an introduction to type theory (higher-order logic). It is shown how various mathematical concepts can be formalized in this very expressive formal language. This expressive notation facilitates proofs (...) of the classical incompleteness and undecidability theorems which are very elegant and easy to understand. The discussion of semantics makes clear the important distinction between standard and nonstandard models which is so important in understanding puzzling phenomena such as the incompleteness theorems and Skolem's Paradox about countable models of set theory. Some of the numerous exercises require giving formal proofs. A computer program called ETPS which is available from the web facilitates doing and checking such exercises. Audience: This volume will be of interest to mathematicians, computer scientists, and philosophers in universities, as well as to computer scientists in industry who wish to use higher-order logic for hardware and software specification and verification. (shrink)

Empirical evidence suggests that a majority of people believe that time robustly passes, and that many also report that it seems to them, in experience, as though time robustly passes. Non-dynamists deny that time robustly passes, and many contemporary non-dynamists—deflationists—even deny that it seems to us as though time robustly passes. Non-dynamists, then, face the dual challenge of explaining why people have such beliefs and make such reports about their experiences. Several philosophers have suggested the stable-self explanation, according to which (...) what partly explains one or both of the explananda is that people believe themselves to have a stable persisting self which is imagined either as moving through time, or as being stationary, with time moving around it. This paper empirically investigates this explanation. We found, however, no evidential support for the stable-self explanation, leaving the non-dynamist but also, we will argue, the dynamist, with an extant explanatory challenge. (shrink)

This is the first book-length treatment of the relationship between citizenship and the environment. Andrew Dobson argues that ecological citizenship cannot be fully articulated in terms of the two great traditions of citizenship - liberal and civic republican - with which we have been bequeathed. He develops an original theory of citizenship, which he calls 'post-cosmopolitan', and argues that ecological citizenship is an example and an inflection of it. Ecological citizenship focuses on duties as well as rights, and these (...) duties are owed non-reciprocally, by those individuals and communities who occupy unsustainable amounts of ecological space, to those who occupy too little. (shrink)

A famous mathematical theorem says that the sum of an infinite series of numbers can depend on the order in which those numbers occur. Suppose we interpret the numbers in such a series as representing instances of some physical quantity, such as the weights of a collection of items. The mathematics seems to lead to the result that the weight of a collection of items can depend on the order in which those items are weighed. But that is very hard (...) to believe. A puzzle then arises: How do we interpret the metaphysical significance of this mathematical theorem? I first argue that prior solutions to the puzzle lead to implausible consequences. Then I develop my own solution, where the basic idea is that the weight of a collection of items is equal to the limit of the weights of its finite subcollections contained within ever-expanding regions of space. I show how my solution is intuitively plausible and philosophically motivated, how it reveals an underexplored line of metaphysical inquiry about quantities and locations, and how it elucidates some classic puzzles concerning supertasks. (shrink)

Josse Clichtove represents a turning point in the history of disputation, for he combines one of the earliest accounts of the doctrinal disputation with one of the latest accounts of the obligational disputation. This paper describes the nature and significance of the theories that he offered. Particular attention is paid to the doctrines of truth, necessity and possibility which lie behind his doctrines; and also to the light which his work throws on the aims and nature of an obligational disputation.