John Rawls's A Theory of Justice was published in December 1971 and has already established itself as a landmark. No other philosophical work, in our time or before, has, to my knowledge, excited so much attention in so short a time and in such varied circles. Clearly the book answers to a set of needs that have just recently surfaced, and it was published at just the right time to benefit from changing directions in philosophy and other areas of intellectual (...) life brought on by enormous and accelerating changes in social conditions and concerns, by the disaster of Vietnam, and by the sense that something serious and sufficient must be done to counter the increasing fragmentation of knowledge and the divorce of science from society. Rawls gives one the sense of putting it all together; of seeing things clearly and seeing them whole; of joining together again economics, jurisprudence, and social and moral theory; and of putting philosophy to work once again in the service of society and humanity. In particular, he gives one the sense that there can be a science of justice, of morality, and of values. (shrink)

A rule- utilitarian appraisal of criminal law requires that the total system, including punishments, is justified only if it will expectably maximize public benefit, including its stigmatizing some behaviors as "offenses" and its prescribed punishment of these, such as imprisonment, with (possible) deterrent effects. In view of the paucity of evidence about the deterrent effect of prison sentences, some changes seem to be in order: reduction in the length of incarceration, replacement of prison by fines or restrictions on the convicted (...) such as house arrest for many hours of a day, intensive supervision, required community service (say thirty hours in place of a month in prison), enrollment in a drug program or therapy in the case of sex offenses, and so on. An evaluation of such proposals should be based on statistics and the psychology of criminal behavior. (shrink)

The paper attempts to analyze the historical aspects of the formation of analytic tradition in the 20th century philosophy of law. We consider the ongoing discussions about the concept of law and their influence on the so called “linguistic turn” in modern legal thought as well as the problems of the conceptual grounds and the methodology in legal theory. The author suggests a new approach to the historical analysis of the external and internal factors that influence the development of the (...) contemporary legal ideas and the conceptions in the philosophy of law. (shrink)