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)

Anti‐intellectualists about knowledge‐how insist that, when an agent S knows how to φ, it is in virtue of some ability, rather than in virtue of any propositional attitudpaes, S has. Recently, a popular strategy for attacking the anti‐intellectualist position proceeds by appealing to cases where an agent is claimed to possess a reliable ability to φ while nonetheless intuitively lacking knowledge‐how to φ. John Bengson and Marc Moffett and Carlotta Pavese have embraced precisely this strategy and have thus claimed, for (...) different reasons, that anti‐intellectualism is defective on the grounds that possessing the ability to φ is not sufficient for knowing how to φ. We investigate this strategy of argument‐by‐counterexample to the anti‐intellectualist's sufficiency thesis and show that, at the end of the day, anti‐intellectualism remains unscathed. (shrink)

Thomas Hobbes in Leviathan presented a paradigm of the social contract that has proven foundational in Western political thought. A proper understanding of the philosopher’s thought is thus of paramount importance. I argue that today’s case for a religiously tolerant Hobbes has missed an important part of the historical record. I first consider an obscure but important document, the second edition of the Humble Proposals. It demonstrates that leading members of a seventeenth century Christian denomination, the Independents, considered a state-enforced (...) confession of faith. Independents are generally seen as tolerant, and one of the arguments for Hobbesian toleration is that Hobbes endorsed them. But the second edition of the Humble Proposals aligns with the possibility in Hobbes that the civil sovereign will impose part III of Leviathan on the Universities and treat its contents as a legally required confession of faith – one that may be necessary for security, and the avoidance of civil war. Hobbes’s endorsement of Independency alone cannot be used to argue that his work leads to religious toleration. The evidence I present reinforces an earlier assessment and alongside other evidence points to the return of the intolerant Hobbes. (shrink)

Feminist Theory and Pop Culture (Second Edition) synthesizes feminist theory with modern portrayals of gender in media culture. This updated text provides comprehensive and interdisciplinary scholarship focused on topics related to: - Historical examination of feminist theory - Application of feminist research methods - Feminist theoretical perspectives such as the male gaze, feminist standpoint theory, Black feminist thought, queer theory, masculinity theory, theories of feminist activism, and postfeminism. - Contributor chapters cover a range of topics from Western perspectives on belly (...) dance to television shows such as Girls, Scandal, and Orange is the New Black. - Feminist theory and the wave of feminism, including a discussion of the fourth wave - Pedagogical features - Suggestions for further reading and discussion questions for classroom use Feminist Theory and Pop Culture was designed for classroom use and has been written with an eye toward engaging students in discussion. The book's polished perspective on feminist theory juxtaposes popular culture with theoretical perspectives which have served as a foundation for the study of gender. This interdisciplinary text can serve as a primary or supplemental reading. (shrink)

_The Politics of Gender_ presents an international and intersectional approach to the multiple ways gender is intertwined with political institutions and addresses topics that range from the 2016 U.S. Presidential Election to same-sex laws in Nigeria.

The entry is intended as an advanced introduction to the topic of knowledge-how. It starts with a list of overviews, monographs and collections, followed by selected 20th century discussions. The last two sections contain sources pertaining to Ryle's own work on the topic as well as work by other influential thinkers, and themes that are sometimes associated with knowledge-how. The remaining seven sections survey the contemporary literature on knowledge-how from three perspectives: (i) generic desiderata for accounts of knowledge-how, (ii) specific (...) topics that are already well-entrenched in the tradition of particular subdisciplines and (iii) second-order controversy regarding distinct assumptions and tools employed by the debaters. (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)

The main topic of this article is to show similarities between framing and cognitive metaphor. At the beginning I will show definition of cognitive metaphor and examples of using this metaphor. Then I will do the same with definition of framing, in the end I will try to show that this two things have a lot of common. Main reason of this article is to show that framing is not only present in media, but that framing is present in our (...) language too, which can have influence on recipients, for example when we are watching news or politicians. (shrink)

Most comparisons of Thomas Hobbes and Baruch Spinoza focus on the difference in understanding of natural right. We argue that Hobbes also places more weight on a rudimentary and exclusive education of the public by the state. We show that the difference is related to deeper disagreements over the prospect of Enlightenment. Hobbes is more sanguine than Spinoza about using the state to make people rational. Spinoza considers misguided an overemphasis on publicly educating everyone out of superstition—public education is important, (...) but modes of superstition may remain and must be offset by institutions and a civil religion. The differences are confirmed by Spinoza’s interest in the philosopher who stands apart and whose flourishing may be protected, but not simply brought about, by rudimentary public education. Spinoza’s openness to a wisdom-loving elite in a democracy also sets up an interesting parallel with Thomas Jefferson’s own commitment to the natural aristocracy needed to sustain republicanism. In demonstrating the 17th century philosopher’s skepticism toward using the state exclusively to promote rationality, even as he recognizes the importance of a sovereign pedagogical role and the protection of philosophy, we move to suggest that Spinoza is relevant to contemporary debates about public education and may reinvigorate moral and political discourse in a liberal democracy. (shrink)

The aim of the studies was to ascertain how far psychology students are ready to learn the vocation of education assistants to children and youth. Four general ways of acquiring knowledge and skills - by assimilation, by doing, by discovering, and by impression - were distinguished and interpreted with regard to the students’ prospective employment in educational institutions. Learning by doing and by impression turned out to be more expressive in the student self-reports than learning by assimilation and by discovering. (...) A proof that the Nosal/paluchowski typology of diagnosticians applies to psychology students was also in search. However, the pertinent Educational Diagnostician Inventory appeared satisfactorily valid only for those psychology sophomores who manifested the best-shaped attitudes towards educational diagnoses. They belonged mostly to concrete-objective and global-subjective attitude categories. Transactional analysis partly supported these findings of the survey. (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)

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)

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)

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)

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)

Anti-intellectualists about knowledge-how insist that, when an agent S knows how to φ, it is in virtue of some ability, rather than in virtue of any propositional attitudes, S has. Recently, a popular strategy for attacking the anti-intellectualist position proceeds by appealing to cases where an agent is claimed to possess a reliable ability to φ while nonetheless intuitively lacking knowledge-how to φ. John Bengson & Marc Moffett (2009; 2011a; 2011b) and Carlotta Pavese (2015a; 2015b) have embraced precisely this strategy (...) and have thus claimed, for different reasons, that anti-intellectualism is defective on the grounds that possessing the ability to φ is not sufficient for knowing how to φ. We investigate this strategy of argument-by-counterexample to the anti- intellectualist’s sufficiency thesis and show that, at the end of the day, anti-intellectualism remains unscathed. (shrink)

According to reductive intellectualists about knowledge-how :147–190, 2008; Philos Phenomenol Res 78:439–467, 2009) knowledge-how is a kind of knowledge-that. To the extent that this is right, then insofar as we might conceive of ways knowledge could be extended with reference to active externalist :7–19, 1998; Clark in Supersizing the mind: embodiment, action, and cognitive extension: embodiment, action, and cognitive extension. Oxford University Press, Oxford, 2008) approaches in the philosophy of mind, we should expect no interesting difference between the two. However, (...) insofar as anti-intellectualist approaches to knowledge-how are a viable option, there is an overlooked issue of how knowledge-how might be extended, via active externalism, in ways very differently from knowledge-that. This paper explores this overlooked space, and in doing so, illustrates how a novel form of extended knowledge-how emerges from a pairing of active externalism in the philosophy of mind with anti-intellectualism in the theory of knowledge. Crucial to our argument will be a new way of thinking about the extended mind thesis, as it pertains to the kinds of state one is in when one knows how to do something, and how this state connects with non-accidentally successful performance. (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)

The paper discusses the philosophy of language and communication based on Immanuel Kant’s transcendental method. Firstly, the basic assumptions of methodical rationalism are presented. Subsequent sections analyse Kant’s intellectual successors: Wilhelm von Humboldt and Ernst Cassirer. Both the intellectuals adopted Kant’s point of views and both treated language as an active, cultural factor participating in the creation of reality. The article ends with a suggestion that the transcendental approach will be present in the 21th-century researches on language and communication.

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)

Reasoning from inconclusive evidence, or ‘induction’, is central to science and any applications we make of it. For that reason alone it demands the attention of philosophers of science. This Element explores the prospects of using probability theory to provide an inductive logic, a framework for representing evidential support. Constraints on the ideal evaluation of hypotheses suggest that overall support for a hypothesis is represented by its probability in light of the total evidence, and incremental support, or confirmation, indicated by (...) an increased probability given the evidence than otherwise. This proposal is shown to have the capacity to reconstruct many canons of the scientific method and inductive inference. Along the way, significant objections are discussed, such as the challenge from inductive scepticism and the objection that the probabilistic approach makes evidential support arbitrary. (shrink)