In this long-awaited book, Antony Duff offers a new perspective on the structures of criminal law and criminal liability. His starting point is a distinction between responsibility (understood as answerability) and liability, and a conception of responsibility as relational and practice-based. This focus on responsibility, as a matter of being answerable to those who have the standing to call one to account, throws new light on a range of questions in criminal law theory: on the question of criminalisation, which (...) can now be cast as the question of what we should have to answer for, and to whom, under the threat of criminal conviction and punishment; on questions about the criminal trial, as a process through which defendants are called to answer, and about the conditions (bars to trial) given which a trial would be illegitimate; on questions about the structure of offences, the distinction between offences and defences, and the phenomena of strict liability and strict responsibility; and on questions about the structures of criminal defences. The net result is not a theory of criminal law; but it is an account of the structure of criminal law as an institution through which a liberal polity defines a realm of public wrongdoing, and calls those who perpetrate (or are accused of perpetrating) such wrongs to account. (shrink)

Jill de Villiers has argued that children's mastery of sentential complements plays a crucial role in enabling them to succeed at false-belief tasks. Josef Perner has disputed that and has argued that mastery of false-belief tasks requires an understanding of the multiplicity of perspectives. This paper attempts to resolve the debate by explicating attributions of desires and beliefs as extensions of the linguistic practices of making commands and assertions, respectively. In terms of these linguistic practices one can explain why desire-talk (...) will precede belief-talk and why even older children will have difficulty attributing incompatible desires. (shrink)

In order to understand what we are talking about when we talk about joint attention, I will scrutinize how the mainstream view that builds on representational and intentionalist theories of mind is constituted. My aim is to show that much of the theory of joint attention is quite narrowly constructed and comes with tacit disciplinary biases that exclude much of what is existentially important in our practices of sharing our perceptions and guiding others to attend to the world in novel (...) ways. By using the frameworks of classical phenomenology and enactivist theories of mind, I aim to show how we, in our interactions, share our perceptions even with beings that are distinctly different from us. And, that this _difference_ in our personal worldview, our cognitive capacities, and our sensory modalities should be seen as a constitutive aspect of our practices of shared attention. I will articulate attention as a revelatory practice that aids us in discovering a shared world through the plurality, rather than similarity, of our perceptual actions. Attention is, in this sense, not solely driven by subjective intentions; it is also formed and co-constituted by my being addressed by the other. (shrink)

Jill de Villiers has argued that children's mastery of sentential complements plays a crucial role in enabling them to succeed at false-belief tasks. Josef Perner has disputed that and has argued that mastery of false-belief tasks requires an understanding of the multiplicity of perspectives. This paper attempts to resolve the debate by explicating attributions of desires and beliefs as extensions of the linguistic practices of making commands and assertions, respectively. In terms of these linguistic practices one can explain why desire-talk (...) will precede belief-talk and why even older children will have difficulty attributing incompatible desires. (shrink)

The question "What can justify criminal punishment ?" becomes especially insistent at times, like our own, of penal crisis, when serious doubts are raised not only about the justice or efficacy of particular modes of punishment, but about the very legitimacy of the whole penal system. Recent theorizing about punishment offers a variety of answers to that question-answers that try to make plausible sense of the idea that punishment is justified as being deserved for past crimes; answers that try to (...) identify some beneficial consequences in terms of which punishment might be justified; as well as abolitionist answers telling us that we should seek to abolish, rather than to justify, criminal punishment. This book begins with a critical survey of recent trends in penal theory, but goes on to develop an original account (based on Duff's earlier Trials and Punishments) of criminal punishment as a mode of moral communication, aimed at inducing repentance, reform, and reconciliation through reparation-an account that undercuts the traditional controversies between consequentialist and retributivist penal theories, and that shows how abolitionist concerns can properly be met by a system of communicative punishments. In developing this account, Duff articulates the "liberal communitarian" conception of political society (and of the role of the criminal law) on which it depends; he discusses the meaning and role of different modes of punishment, showing how they can constitute appropriate modes of moral communication between political community and its citizens; and he identifies the essential preconditions for the justice of punishment as thus conceived-preconditions whose non-satisfaction makes our own system of criminal punishment morally problematic. Punishment, Communication, and Community offers no easy answers, but provides a rich and ambitious ideal of what criminal punishment could be-an ideal of what criminal punishment cold be-and ideal that challenges existing penal theories as well as our existing penal theories as well as our existing penal practices. (shrink)

The present article commences analyzing the origins and influences of the religious discourse on the configuration of the modern constitutional discourse and the contributions of the jus-positivism in the consolidation of this sacred-civil language. The second issue is the definition of the U.S. Constitution as a mixed and not as a democratic constitution, with regard to the influences of Plato, Aristotle, Cicero and Polybius to the Drafters of the first modern constitutional text; stability and equilibrium took preference over democracy in (...) a wide sense. I also analyze how the Drafter’s decision has conditioned the modern constitutional system up to the present. (shrink)

In a series of influential articles, Rae Langton has argued that Austinian speech-act theory can illuminate the way in which pornography contributes to the subordination of women. I will argue that Langton’s application of Austin is incorrect. In earlier work, I have argued against Langton’s view on the grounds that being subordinated is not the sort of condition that can be brought about through an illocutionary act. In this paper, however, I will set aside that objection and focus instead on (...) Langton’s claims about the type of illocutionary act pornography might be. I will argue, first, that Langton cannot say what she wants to say about the content of pornography and still have it that pornography is a verdictive or exercitive speech act, in Austin’s sense. Verdictive and exercitive speech acts do not, and cannot describe the states of affairs they bring about. Second, I will argue that pornography does not in any case satisfy the conditions necessary for a speech act to be verdictive or exercitive. Specifically, there do not exist accepted background conventions that would give the pornographer authority to render verdicts or to take executive action. This objection to Langton’s view has been made before; I’ll show that her response to the objection betrays a confusion of authority with power. (shrink)

In ”Embodiment and Epistemology,” Louise Antony considers a kind of ”Cartesian epistemology” according to which, so far as knowing goes, knowers could be completely disembodied, that is, pure Cartesian egos. Antony examines a number of recent challenges to Cartesian epistemology, particularly challenges from feminist epistemology. She contends that we might have good reason to think that theorizing about knowledge can be influenced by features of our embodiment, even if we lack reason to suppose that knowing itself varies relative (...) to such features. She also argues that a masculinist bias can result in mishandling of cognitive differences in cases where they actually exist and she examines a number of the ways in which the maleness of philosophy has, according to feminists, distorted epistemology. Even if a Cartesian approach offers one indispensable part of a comprehensive epistemology, according to Antony, we still need an epistemology that answers questions raised by our everyday, embodied lives. (shrink)

A complete history of Islamic political thought from early Islam to the present Now in its 2nd edition, this textbook describes and interprets all schools of Islamic political thought, their origins, inter-connections and meaning. It examines the Qur'an, the early Caliphate, classical Islamic philosophy and the political culture of the Ottoman and other empires. It covers major thinkers such as Averroes and Ibn Taymiyya as well as a number of lesser authors, and Ibn Khaldun is presented as one of the (...) most original political theorists ever. It draws on a wide range of sources including writings on religion, law, philosophy and statecraft expressed in treatises, handbooks and political rhetoric. The new edition analyses the connections between religion and politics, covering the most recent developments in Islamic political thought and the most recent historical scholarship. It ends with a critical survey of reformism and Islamism from the late-19th century up to the present day. (shrink)

It is a fact of modern scientific thought that there is an enormous variety of logical systems - such as classical logic, intuitionist logic, temporal logic, and Hoare logic, to name but a few - which have originated in the areas of mathematical logic and computer science. In this book the author presents a systematic study of this rich harvest of logics via Tarski's well-known axiomatization of the notion of logical consequence. New and sometimes unorthodox treatments are given of the (...) underlying principles and construction of many-valued logics, the logic of inexactness, effective logics, and modal logics. Throughout, numerous historical and philosophical remarks illuminate both the development of the subject and show the motivating influences behind its development. Those with a modest acquaintance of modern formal logic will find this to be a readable and not too technical account which will demonstrate the current diversity and profusion of logics. In particular, undergraduate and postgraduate students in mathematics, philosophy, computer science, and artificial intelligence will enjoy this introductory survey of the field. (shrink)

Does the unconscious exist? Cultural critic Antony Easthope answers with a witty, lucid, informed "yes" and draws out its implications for the way we live, how we enjoy art, and how we think about people in society and history. Drawing on the writings of Freud and Lacan, he argues that the study of the unconscious is a way of analyzing meanings across culture as an effect of desire. Easthope tests for unconscious significance in an amazing variety of examples, including (...) jokes, Tampax advertisements, Hamlet , Hitchcock's Psycho , the life and death of Princess Di, Terminator 2 , Bob Geldof's autobiography, and the film Titanic. (shrink)

This study proposes that Neoplatonism, while not a modern philosophy, is philosophy in the modern sense. Lloyd analyzes the key structures that underlie the dogmas of the Neoplatonic world picture, including the concept of emanation, the return of the soul to the One, the place of mystical knowledge, epistemology, and Porphyry's theory of predication, and shows that they rest on original but intelligible concepts and arguments.

Gender dysphoria is a persistent distress about one’s assigned gender. Referrals regarding gender dysphoria have recently greatly increased, often of a form that is rapid in onset. The sex ratio ha...

Many researchers believe the tremendous industrial development over the past two centuries is unsustainable because it has led to unintended ecological deterioration. Despite the ever-growing attention sustainable supply-chain management has received, most SSCM research and models look at the consequences, rather than the antecedents or motives of such responsible practices. The few studies that explore corporate motives have remained largely qualitative, and large-scale empirical analyses are scarce. Drawing on multiple theories and combining supply-chain and business ethics literature, we purport that (...) instrumental, relational, and moral motives are behind a firm’s engagement in SSCM practices. Specifically, we examine the links between corporate motives, SSCM practices, and firm performance. Using a sample of 259 supply-chain firms in Germany, we empirically test five hypothesized relationships. Our results reveal that relational and moral motives are key drivers, and that firms exhibiting high levels of moral obligations tend to outperform those primarily driven by amoral considerations. Findings of this study contribute to multiple literatures espousing sustainability management and can help policy makers, stakeholder groups, and scholars develop more robust strategies for encouraging firms to practice SSCM. (shrink)

The current legal status and medical ethics of routine or religious penile circumcision of minors is a matter of ongoing controversy in many countries. We focus on the United Kingdom as an illustrative example, giving a detailed analysis of the most recent British Medical Association guidance from 2019. We argue that the guidance paints a confused and conflicting portrait of the law and ethics of the procedure in the UK context, reflecting deeper, unresolved moral and legal tensions surrounding child genital (...) cutting practices more generally. Of particular note is a lack of clarity around how to apply the “best interests” standard—ordinarily associated with time-sensitive proxy decision making regarding therapeutic options for a medically unwell patient—to a parental request for a medically unnecessary surgery to be carried out on the genitalia of a healthy child. Challenges arise in measuring and assigning weights to intended sociocultural or religious/spiritual benefits, and even to health-related prophylactic benefits, and in balancing these against potential physical, functional, and psychosexual risks or harms. Also of concern are apparently inconsistent safeguarding standards being applied to children based on their birth sex categorization or gender of rearing. We identify and discuss recent trends in British and international medical ethics and law, finding gradual movement toward a more unified standard for evaluating the permissibility of surgically modifying healthy children's genitals before they can meaningfully participate in the decision. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Response 2: “Pessimism of the Intellect, Optimism of the Will”Antonis BalasopoulosLet me begin with a few words on my title, which was chosen as reflecting the nature of the orientation of my work in the field of utopian studies and therefore also of my orientation toward the theme of this roundtable. As Francesca Antonini puts it in a recent essay, the phrase, which became associated with the work of (...) Antonio Gramsci though it originates in Romain Rolland, describes “the (seemingly contradictory) coexistence of a realistic description of the status quo, on the one hand, and a genuine commitment to the possibility of transforming reality, on the other.”1Anyone who has read Thomas More’s Utopia knows that Rolland’s and Gramsci’s formula very much describes that book’s bifurcation between a voice of relentless critique of what exists in Europe—and particularly in England—in More’s time (in Book 1) and a voice preoccupied with the description of an alternative, and arguably better, world (in Book 2). This bifurcation, it is equally well known, is part of the genetic material More’s book bequeathed to its successors, so that one calls a “utopia” a (mostly, though not always) literary text, where the “realistic description of the status quo” coexists with a vision arising out of a “commitment to the possibility of transforming reality”—admittedly in different admixtures and proportions of [End Page 544] the critical or negative and the anticipatory, projective or prefigurative elements. Though Ernst Bloch’s distinction between “cold” and warm” streams within Marxism is not identical to this first binary, it is certainly related to it, so that the “cold” stream is one that privileges the rational and analytical element (usually, I would propose, in relation to the part of the Marxist tradition we know as “critique of political economy”), while the “warm stream” is one that rather foregrounds that which relates to affect, to desire, hope, or fidelity to the transformative project (these are frequently correlated to those elements of Marxism that correspond to its also being a political and philosophically imbued creed).2 What follows here, then, explores the implications of the dialectical interplay between these two sets of oppositions—and hopefully justifies such insistence on dialectic itself.3To the extent that I can see, the basic themes and areas of concentration in my colleagues’ essays involve decolonizing utopian studies as a project; addressing, in that connection, the heterogeneity of utopianisms that emerge out of a number of marginalized subjectivities; the provenance of the questions of ecology, sustainability, animal life for the present and future of utopian studies (and to some degree, for utopianism’s past); and finally, the question of utopian forms of social activism and therefore also the search for spaces beyond the walls of academic insularity. These are important and largely interconnected questions, but I am afraid I will only have the space to touch on them briefly and sketchily here.In her cogent and multifaceted intervention, Caroline Edwards begins her reflections on the task of decolonizing utopian studies by noting the high investment of fin-de-siècle utopian fiction in notions of industrial progress, noting that such notions have involved “lasting damage” for “Black writers, artists, and thinkers.” Within this framework, she evokes Joseph R. Winters’s argument that “modern notions of progress and freedom are inherently flawed,” since they are founded on the oppressive traditions of capitalism and colonialism. In turn, this leads to an argument against the teleological futurism of most nineteenth-century utopias and in support of the deconstruction of “the idea of historical progress unfolding in Hegelian dialectical stages.” What is to replace this is a hauntological (after Derrida) conception of the relation between the present and the past, for which “the present is always a site of potential breaks and ruptures that can signify both dislocation and pain as well as novelty and possibility.” In a similar vein, Heather Alberro questions the teleological futurism of an earlier tradition of utopia, evoking Laurence Davis’s observation on the importance of [End Page 545] “neglected or suppressed possibilities for qualitatively better forms of life” within the “Now.” The desideratum is, again... (shrink)

This book demonstrates that the important educational developments of the Elizabethan and early Stuart periods, which are often portrayed as new and revolutionary in nature, were in fact the culmination of an evolutionary process more than two centuries old. It also shows that popular literacy was considerably more widespread by the time of Spenser and Shakespeare than most recent studies suggest. The book treats the long period 1348–1648 as a unit by discounting the importance of the year 1485, which marked (...) the end of one dynasty and the beginning of another but had no discernible effect on educational and cultural conditions. Additionally, it argues that the massive changes of the final years of Henry VIII, which momentarily disrupted the universities and the grammar schools of the realm, were beneficial in the long run, since local energies were thereby unleashed and greater public support for educational institutions of all kinds soon materialized. A period of steady growth continued until the 1640s and 1650s, when the bitter experiences of the Civil War and rancorous arguments about the role of the universities and the grammar schools in precipitating the outbreak of hostilities caused the mainstream of public opinion to question the efficacy of advanced education, which increasingly came to be seen as a threat to established values and traditions. Thereafter an era of decline began that lasted until the mid-nineteenth century. Finally, the book treats the important contributions made by both clerics and women during the long period 1348–1648. Although laymen were the greatest beneficiaries of the steady widening of educational opportunity during those three centuries, clerics and women provided most of the funds, without which many fewer colleges, schools, and scholarships for poor boys would have been established. They did so because of their belief that improved education was necessary for the further spread of the Christian message. (shrink)

This paper defends an account of forgiveness that is sensitive to recent work on anger. Like others, we claim anger involves an appraisal, namely that someone has done something wrong. But, we add, anger has two further functions. First, anger communicates to the wrongdoer that her act has been appraised as wrong and demands she feel guilty. This function enables us to explain why apologies make it reasonable to forgo anger and forgive. Second, anger sanctions the wrongdoer for what she (...) has done. This function allows us to explore the moral status of forgiveness, including why forgiveness is typically elective. (shrink)

Given Locke’s views on primary and secondary qualities, it seems he is committed to there being real underlying properties in objects, the arrangement and disposition of which underlies and produces the observed properties of that object. It might be natural to think that these primary qualities provide a general system for classifying objects into classes: that we could delineate the real kinds of objects in nature by looking at what their real primary qualities were. A list of the particular qualities (...) of some object would define that object perfectly precisely; by looking at which properties were shared or divergent between this object and others, we group the object with others in the same kind. These real kinds in nature can play several important theoretical roles. They can support real scientific understanding, including inductive inferences (iof things are of the same real kind, then observed properties of one support the inference to unobserved properties of the other); they can form the basis for our judgements about the powers and capacities of particular objects, based on the what other things of that type can do; and these real kinds can provide the meanings for general terms: the thought being that the meanings of class names are empty without real classes to which they correspond. (shrink)

Variable binding has long been a challenge to connectionists. Attempts to perform variable binding using localist and distributed connectionist representations are discussed, and problems inherent in each type of representation are outlined.