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)

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)

This essay draws upon Gramsci’s understandings of law and of the philosophy of praxis to develop a critical analysis of international law in the constitution and potential revolutionary transformation of the contemporary global political economy. The analysis illustrates the analytical utility of Gramscian conceptions of historical bloc and hegemony in capturing the significance of international law as an effective historical force. It also extends these conceptions, theoretically, by arguing that the global political economy is undergoing a process of juridification in (...) which a commodified legal form provides the template for economic and political regulation. The commodity form theory of law is presented as the key to understanding the significance of international law under the culture of global capitalism. (shrink)

Few aspects of social behavior tell us more about a culture than those practices that involve the roles it assigns to models and copies. Under interpretation, such conduct reveals its attitudes toward authority and antiquity, its sense of identity and regard for security, and the relative importance that it attached to imitation and invention. To varying degrees, all societies display these concerns, but in none were they so firmly grounded in a considered theory of the relation between prototype and derivative (...) as they were in Byzantium. An example from the domain of law will illustrate, though not explain, this cultural difference. As against the Roman tradition in which the use of copies as evidence in court was prohibited, at least from the tenth century on Byzantine tribunals accepted the legitimacy of certified copies of documents. The very word used for an official copy—ison, meaning equal— suggests the conceptual distinction between it and the terms copie, Kopie, kopiya, and so on, in modern languages, all derived from the Latin word for abundance. (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)

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)

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 ”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)

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)

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)

Rather than entailing that a particular outcome will occur, many scientific theories only entail that an outcome will occur with a certain probability. Because scientific evidence inevitably falls short of conclusive proof, when choosing between different theories it is standard to make reference to how probable the various options are in light of the evidence. A full understanding of probability in science needs to address both the role of probabilities in theories, or chances, as well as the role of probabilistic (...) judgment in theory choice. In this chapter, the author introduces and distinguishes the two sorts of probability from one another and attempt to offer a satisfactory characterization of how the different uses for probability in science are to be understood. A closing section turns to the question of how views about the chance of some outcome should guide our confidence in that outcome. (shrink)

Ian Cutler introduces the history and philosophy of cynicism. [T]rue cynics are often the kindest people, for they see the hollowness of life, and from the realization of that hollowness is generated a kind of cosmic pity. Raymond Federman.

Con el fin de desentrañar el papel que las más actuales corrientes filosóficas desempeñan en la educación, los autores de este libro parten de un crítico análisis de los acontecimientos de mayo del 68.Se intuyen dos vías de intervención de la filosofía sobre el pensamiento y la práctica educativa: por un lado, la tendencia anti constructivista a los discursos posmodernos, sistémicos y tecnológicos ; por otro, la persistencia del humanismo asentado ahora en el intento de prolongar la modernidad" y en (...) nuevas perspectivas tales como el pacifismo y el ecologismo. (shrink)

Studie over het theologische en filosofische gedachtengoed van de franciscaanse scholasticus (ca. 1265-1308).

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)

While 'space' and 'place' appear as key concepts in the study of culture, their complexity and mutability require ever-new frameworks when approaching them critically. Including chapters by authors from different fields, career stages, and geopolitical backgrounds, the contributors in this edited collection scrutinize the changing dynamics of space and place in relation to current political, social, and environmental urgencies across the globe. With chapters investigating both real and imaginary spaces and places, the diversified discussions included in this collection provide a (...) cohesive study for disclosing latent understandings of multiple phenomena characterizing the world in which we live. From the protests in Egyptian and Turkish squares, to the power-related narratives embedded in institutional buildings, from the development of the commercial arena in Victorian and Edwardian London, to the effects of current environmental concerns on the evaluation of urban and rural locations, the volume ultimately serves as a progressive connection of fields, minds, and outlooks through an innovative, pluralistic vision. This interdisciplinary focus not only emphasizes the centrality of spaces and places when disentangling the complexities comprising our past and present, but also suggests a more pluralistic approach for exploring fundamental concepts in future spaces and places studies. (shrink)

The Anatomy of Neoplatonism was the crowning achievement of A. C. Lloyd, the distinguished scholar of late ancient philosophy. He offers a rich and authoritative study of this school of thought, which was highly influential not only on subsequent philosophy but also on Christian theology. His discussion ranges over metaphysics, epistemology, logic, and language, and reveals the fundamental structure of Neoplatonist thought; the book is essential reading for all who work in this area. Lloyd shows that while Neoplatonism is not (...) a modern philosophy, it is indeed philosophy in the modern sense. (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)

This paper is the report of a meetingthat gathered many of the UK's most senioranimal scientists with representatives of thefarming industry, consumer groups, animalwelfare groups, and environmentalists. Therewas strong consensus that the current economicstructure of agriculture cannot adequatelyaddress major issues of concern to society:farm incomes, food security and safety, theneeds of developing countries, animal welfare,and the environment. This economic structure isbased primarily on competition betweenproducers and between retailers, driving foodprices down, combined with externalization ofmany costs. These issues must be addressed (...) by acombination of legislation, restructuring ofthe market, and use of public funds. Themeeting included workshops that made otherrecommendations for research and education. Themost urgent requirement is recognition thatchange is needed and development of a visionfor what that change must achieve. (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.