'the whole work is remarkably fresh, vivid and attractively written psychologists will be grateful that a work of this kind has been done ... by one who has the scholarship, science, and philosophical training that are requisite for the task' - Mind This renowned three-volume collection records chronologically the steps by which psychology developed from the time of the early Greek thinkers and the first writings on the nature of the mind, through to the 1920s and such modern preoccupations (...) as criminal and animal psychology. It is only in relatively recent times that psychology has been considered an empirical science independent of philosophy. Brett's account is thus concerned with the broadest definition of psychology, taking in such philosophical aspects as the relation of mind and body, thought processes, etc. For each period he gives an account of the state of the sciences which influenced psychology, the state of psychology itself, the influence psychology had on other areas, and the applications of psychological theories. Examining a huge range of figures, he describes their attitudes on fundamental questions and their contribution to the progress of the subject, as well as the history of the different methods of inquiry. The thinkers he discusses range from Aristotle, Democritus, Socrates, Plato, and Xenocrates to Proclus, the Arabian teachers, Magnus, Duns Scotus, and Ockham from Galileo, Descartes, Gassendi, and Cudworth to Locke, Berkeley, Condillac, and Kant from Reid, Stewart, Herbart, and Schopenhauer to Bain, Spencer, Mill and Darwin. Surprisingly clear and easy to read, Brett's account succeeds in illuminating the nature of psychology as well as its history. It remains a classic overview of the subject from its broad roots in philosophy through to the independent empirical science of the modern era. --a scarce work, rarely found as a complete set --a classic work - all historians of psychology and philosophy should have A History of Psychology. (shrink)

In this short essay, I suggest a few specific ways in which criminal law exceptionalism has shaped the theory and practice of criminal law. First, criminal law exceptionalism isolates criminal theory from legal theory more generally, with the result that criminal theorists often miss insights from other legal fields. Relatedly but more broadly, criminal law exceptionalism can make sociology, psychology, history, and political theory invisible or seemingly irrelevant to criminal theory. Together, (...) these two forms of scholarly insularity put criminal theory (or criminal theorists) into a silo in which the political, social, and historical contexts of actual criminal legal practices disappear from view. Ultimately, the siloed thinking of criminal law exceptionalism makes it difficult or impossible to contemplate a world without criminal law. Thus criminal law exceptionalism does its ideological work: it produces and reinforces the belief that criminal law is indispensable, a belief that in turn motivates policy choices and informs legal practices. (shrink)

Criminal law exists in order to punish people for their culpable misconducts, whenever there is a culpable wrong one should criminalize and punish. A distinctive moral voice: the criminal wrong that we don’t find beyond is revealed and any normative ethical enquiry should point out, as a specific axiological and moral category related to such evil conducts. Why not suppose an unconscious genesis of it in the sensitive faculties, because there is a constitution of what man is, learned (...) through history? Eduard von Hartmann thinks that the normative role of self-control functions in different moral principles. This is valid also in criminal ethics. Thinking the process what begins to be morally relevant, as morally criminal is presented as “ruse of the conscious will”: pre ethically, by specific psychological drives, and metaphysically by character formation. (shrink)

In this innovative cultural history, Carolyn J. Dean sheds light on the origins of poststructuralist thought, paying particular attention to the reinterpretation of the self by Jacques Lacan, Georges Bataille, and other French thinkers.

This paper tries to explain against the backdrop of the history of German criminal theory why and in which way the fault elements are seen differently in Germany and in Anglo-American countries. It shows how Feuerbach’s psychological model of guilt convinced Feuerbach’s German contemporaries in the 19th century that the suppression of the actual will to violate a criminal prohibition must be the reason for punishment. For such deterrence theory, direct intention is the central criterion of imputation. (...) There is no room for extensions like indirect intention. The resulting gap was filled by representatives of the will theory who created dolus eventualis as a criterion of imputation. The paper then concentrates on the gradual change which dolus eventualis has undergone due to the development of a ‘normative’ concept of guilt, i.e. a perception of guilt as a failure to live up to certain expected standards. It is outlined how the normative concept of guilt has facilitated Welzel’s decision to transplant dolus from the guilt level to the level of definitional elements. Transferring dolus to the definitional level led to a further change from a primarily voluntative to a cognitive content of the notion. It became appropriate to view dolus eventualis as acceptance of the prohibited state of affairs. For reasons of clarification the terms dolus eventualis and recklessness are compared in an annex to the paper. (shrink)

Introduction -/- 1 Précis -/- 2 Methodology: Introducing digital humanities to the history of philosophy 2.1 Introduction 2.2 Core constructs 2.3 Operationalizing the constructs 2.4 Querying the Nietzsche Source 2.5 Cleaning the data 2.6 Visualizations and preliminary analysis 2.6.1 Visualization of the whole corpus 2.6.2 Book visualizations 2.7 Summary -/- Nietzsche’s Socio-Moral Framework -/- 3 From instincts and drives to types 3.1 Introduction 3.2 The state of the art on drives, instincts, and types 3.2.1 Drives 3.2.2 Instincts 3.2.3 Types (...) 3.3 The semantic neighborhood of drive, instinct, and type 3.4 A theory of (the relations among) instincts, drives, and types 3.4.1 Drives are act-directed rather than outcome-directed dispositions 3.4.2 The reflexive turn in Nietzsche’s drive psychology 3.4.3 Triggers of drive-displacement 3.4.4 Instincts are innate drives 3.4.5 Types are constellations of instincts and other drives 3.4.6 To what extent are types, instincts, and drives fixed? 3.5 Summary -/- 4 From types to virtues 4.1 Introduction 4.2 The state of the art on virtues and values 4.2.1 Virtues 4.2.2 Values 4.3 The semantic neighborhood of virtue and value 4.4 On (the relations among) instincts, drives, types, values, virtues, and values 4.4.1 Virtues are well-calibrated drives 4.4.2 Nietzsche’s type-relative unity of virtue thesis 4.4.3 The type of the criminal 4.4.4 Nietzschean exemplarism and his ad hominem attacks 4.5 Summary -/- 5 Socializing Nietzschean virtues 5.1 Introduction 5.2 Higher-order types 5.2.1 Social character construction 5.2.2 Reflexive character construction 5.3 Eponymous trait terms and Nietzschean summoning 5.3.1 Eponymous trait terms 5.3.2 Nietzschean summoning 5.4 Summary -/- Nietzschean virtues -/- 6 Curiosity 6.1 Introduction 6.2 Curiosity in virtue epistemology 6.3 Curiosity and its affiliated emotions 6.4 Curiosity, perspectivism, and inquiry 6.5 Curiosity as a virtue 6.5.1 A preliminary characterization 6.5.2 Curiosity in the middle through late works 6.6 Summary -/- 7 Courage 7.1 Introduction 7.2 Intellectual courage in contemporary virtue epistemology 7.3 Courage as a virtue 7.3.1 A preliminary characterization 7.3.2 Courage in the middle through late works 7.4 Summary -/- 8 Pathos of distance 8.1 Introduction 8.2 Contempt and disgust in contemporary moral psychology 8.3 The semantic neighborhood of contempt, disgust, and the pathos of distance 8.4 Nietzsche on contempt 8.4.1 Spernere mundum 8.4.2 Spernere neminem 8.4.3 Spernere se ipsum 8.4.4 Spernere se sperni 8.4.5 Nietzsche aims to induce what he considers fitting contempt in receptive readers 8.5 Nietzsche on disgust 8.5.1 The use of disgust: detaching from an ideal 8.5.2 The danger of disgust 8.6 The pathos of distance 8.7 Prospects for a Nietzschean democratic ethos 8.8 Summary -/- 9 Sense of humor 9.1 Introduction 9.2 The semantic neighborhood of laughter, humor, and comedy 9.3 The Nietzschean sense of humor and its functions 9.3.1 From episodic laughter to the sense of humor 9.3.2 Affirmation and inquiry 9.3.3 Negation and inquiry 9.3.4 Affiliation with like-minded inquirers 9.4 Summary -/- 10 Solitude 10.1 Introduction 10.2 Solitude in virtue theory and Nietzsche scholarship 10.3 The semantic neighborhood of solitude 10.4 An account of Nietzschean solitude 10.5 Summary -/- Conclusion -/- 11 Conscience & integrity 11.1 Introduction 11.2 Conscience and integrity in contemporary moral psychology and Nietzsche scholarship 11.2.1 Conscience and integrity in contemporary moral psychology 11.2.2 Conscience and integrity in Nietzsche commentary 11.3 The semantic neighborhood of conscience and integrity 11.4 Distinguishing conscience, good conscience, bad conscience, and intellectual conscience 11.4.1 Conscience 11.4.2 Good conscience 11.4.3 Bad conscience 11.4.4 Intellectual conscience and integrity 11.5 Summary -/- 12 Prospectus 12.1 Future directions in moral psychology 12.2 Future directions in Nietzsche scholarship 12.3 Future directions in digital humanities and the history of philosophy . (shrink)

The aim of this study is to identify the typical psychological, demographic, socio-economical, educational, health, and criminological characteristics of juvenile delinquents who tend to continue in their criminal career to adulthood and therefore obstruct the possibility of successful, non-offending integration to society. Subjects of research were young male prisoners jailed in the Juvenile imprisonment house that completed the test battery. By ex-post analysis after a period of five years, the differences between offenders and non-offenders were identified. Results show significant (...) differences in the age of prisoners, length of imprisonment, presence of violent offence in the criminal history, number of previous offences recorded, differences in factors i, h, and q1 from the Sixteen Personality Factor Questionnaire, responses within the Hand test characteristic, and in several signs of the drawings in a Draw-A-Person test. The importance and influence of listed factors is discussed. (shrink)

The evolution of the understanding of evidence-based proof and decision processes in the law, especially criminal law, and standards of proof in this area, has a long-standing and controversial history. Competing accounts cause the legal scholarship to engage in critical and thoughtful exchanges. Some of the divergent views reflect different methodological perspectives similarly recognized in other fields, such as applied psychology and economy, and the broader interdisciplinary research fields of judgment and decision-making, system analysis and decision science. (...) One such methodological perspective asserts that accounts of juridical proof should provide a description and explanation of how the legal system actually works as a whole. Other—more mathematical and analytical accounts—concentrate on how, ideally, legal decision-making under uncertainty ought to be made in order be considered sensible. This paper focuses on the relative plausibility account advocated by Professors Allen and Pardo as an example of the former perspective. Its logical structure and argumentative implications are analysed using elements of decision theory, which is the prime representative of the latter, more mathematical approach to legal proof. Using formal diagrammatic schemes to depict the structural relationships between the core elements of the two accounts, it is demonstrated in what sense they can be considered logically related and congruent. The demonstration shows that the principal disagreements among the proponents of the two examined theories derive from differences in the criteria used to judge the adequacy of competing accounts of legal decision-making, and the level of formalization of the bases of decisions in each candidate account. This structural analysis supports the view that adherence to one or the other of the examined perspectives does not imply a contradiction, but reflects the coverage of different aspects of the same overall decision architecture. Using decision-theoretic notions, our analyses also provide a way to explain RP decisions through an explicit criterion, thus providing a reply to the recurrent critique that RP theory lacks specific means to justify its decisional framework. (shrink)

Reason Curve, Jury Competence, and the English Criminal Justice System, a cross-jurisdictional and cross-disciplinary book, seeks to stimulate discussion and extend the debate in the area of criminal trials in light of the absence of an articulated explanation for a verdict. The book traces the history and development of the jury, from the Carolingian kings, its advancement in the English Courts following papal intervention, the impact of the Magna Carta, to its general use, current curtailment in England (...) and Wales, and re-emergence in Continental Europe. Central to the book's submission is the dictum that the jurors' franchise to deliver a cryptic verdict is 'a matter between them and their conscience... (shrink)

The International Criminal Court (ICC) is responsible for prosecuting individuals for heinous crimes that take place during civil and/or international armed conflicts, including sexual violence. Prosecuting this crime relies primarily on survivor accounts, but witnesses often fear the psychological effects of giving such testimony, particularly because there is a high risk of retraumatization, a stigma associated with victimhood, and a fear of victim-blaming. Thus, the Court’s Victims and Witness Unit (VWU) puts forth provisions for questioning vulnerable witnesses, requiring, in (...) part, that questioners avoid embarrassing or offending witnesses. Using a discourse analytic approach, this paper examines transcripts from three recent ICC cases dealing with wartime sexual violence—_Bemba, Ongwen_, and _Katanga and Chui—_exploring the discursive strategies employed by prosecutors and defense attorneys in these trials as they navigate arguing their cases before the judges while also tailoring their questions to adhere to the VWU’s provisions. I show that adhering to the provisions often involves relying on euphemistic expressions to discuss rape—which enter the trial discourse through linguistic formulations and reformulations—even though these expressions reflect the language used to discuss consensual sex and not sexual violence. Thus, this method of adhering to the provisions can undermine the prosecution’s case while helping the defense’s. (shrink)

Touching on issues of power, authority, and domination, Manhunts takes an in-depth look at the hunting of humans in the West, from ancient Sparta, through the Middle Ages, to the modern practices of chasing undocumented migrants. Incorporating historical events and philosophical reflection, Grégoire Chamayou examines the systematic and organized search for individuals and small groups on the run because they have defied authority, committed crimes, seemed dangerous simply for existing, or been categorized as subhuman or dispensable. Chamayou begins in ancient (...) Greece, where young Spartans hunted and killed Helots as an initiation rite, and where Aristotle and other philosophers helped to justify raids to capture and enslave foreigners by creating the concept of natural slaves. He discusses the hunt for heretics in the Middle Ages; New World natives in the early modern period; vagrants, Jews, criminals, and runaway slaves in other eras; and illegal immigrants today. Exploring evolving ideas about the human and the subhuman, what we owe to enemies and people on the margins of society, and the supposed legitimacy of domination, Chamayou shows that the hunting of humans should not be treated ahistorically, and that manhunting has varied as widely in its justifications and aims as in its practices. He investigates the psychology of manhunting, noting that many people, from bounty hunters to Balzac, have written about the thrill of hunting when the prey is equally intelligent and cunning. An unconventional history on an unconventional subject, Manhunts is an in-depth consideration of the dynamics of an age-old form of violence. (shrink)

The development of evolutionary approaches to psychology from Classical Ethology through Sociobiology to Evolutionary Psychology is outlined and the main tenets of today's Evolutionary Psychology briefly examined: the heuristic value of evolutionary thinking for psychology, the massive modularity thesis and the monomorphic mind thesis.

History and Systems of Psychology provides an engaging introduction to the rich story of psychology's past. Retaining the clarity and accessibility praised by readers of earlier editions, this classic textbook provides a chronological history of psychology from the pre-Socratic Greeks to contemporary systems, research, and applications. The new edition also features expanded coverage of Eastern as well as Western traditions, influential women in psychology, professional psychology in clinical, educational, and social settings, and new (...) directions in twenty-first century psychology as a cognitive and a positive science. Assuming little prerequisite knowledge, the authors discuss the people, places, and concepts that have shaped psychology's story, and show that we remain fascinated by the same enduring questions that confronted our ancestors - namely, our wonder at our subjectivity and consciousness of self. The seventh edition is fully supported by robust pedagogical features, instructor resources, and a companion website to aid student learning. (shrink)

Lawrence M. Friedman and Robert V. Percival, The Roots of Justice: Crime and Punishment in Alameda County, California, 1870?1910 Chapel Hill, N.C.: The University of North Carolina Press, 1981, 335 pp. Charles Campbell, Serving Time Together: Men and Women in Prison Fort Worth, Texas Christian University Press, 1980, 237 pp.

In Feelings of Believing, Ryan Hickerson interprets the doxastic theories of Hume, Descartes, Husserl, and James in light of empirical work on attention and overconfidence. It brings together the history of philosophy, phenomenology, and psychology.

Elements of Folk Psychology; Outline of a Psychological History of the Development of Mankind, has been considered important throughout the human history, and so that this work is never forgotten we have made efforts in its preservation by republishing this book in a modern format for present and future generations. This whole book has been reformatted, retyped and designed. These books are not made of scanned copies of their original work and hence the text is clear and (...) readable. (shrink)

This paper presents an analysis of the forms of response that scientists make when confronted with anomalous data. We postulate that there are seven ways in which an individual who currently holds a theory can respond to anomalous data: (1) ignore the data; (2) reject the data; (3) exclude the data from the domain of the current theory; (4) hold the data in abeyance; (5) reinterpret the data; (6) make peripheral changes to the current theory; or (7) change the theory. (...) We analyze psychological experiments and cases from the history of science to support this proposal. Implications for the philosophy of science are discussed. (shrink)

This illuminating Research Handbook analyses the role that emotions play and ought to play in legal reasoning and practice, rejecting the simplistic distinction between reason and emotion. International expert contributors take multidisciplinary approaches, drawing on neuroscience, philosophy, literary theory, psychology, history, and sociology to examine the role of a wide range of emotions across a variety of legal contexts. Chapters consider how the rich tapestry of human emotion impacts legal actors, influences legal doctrine, and shapes the dynamics of (...) legal institutions. Moving beyond legal contexts traditionally considered rife with emotion such as the criminal law and jury trials, the Handbook explores how emotion relates to contracts, property, bankruptcy, international law, and truth and reconciliation commissions. It also reflects on the importance of research methodologies, theories, and techniques for assessing the role of emotion in the legal arena. Surveying the depth and complexity of law and emotion across a panoply of legal actions, institutional contexts, and legal doctrines, this Research Handbook will be critical reading for academics and students of legal theory and legal philosophy. Its detailed examination of emotions in the practice of private, public, international, and criminal law will also be beneficial for lawyers, judges, and policymakers. (shrink)

There has been a slowly developing appreciation from various quarters in recent decades that the overlap between the philosophy of the emotions and epistemology might be greater than one would initially assume. Ryan Hickerson's Feelings of Believing: Psychology, History, and Phenomenology makes a timely and highly original contribution to this discussion. But its scope and appeal reach far beyond that somewhat niche issue, extending to psychology, history of philosophy, phenomenology, and beyond.The book's central theses are that (...) doxastic sentimentalism "plays a central role in the history of modern epistemology", and that it ought to play a greater role in contemporary systematic... (shrink)

In The Psychologizing of Modernity, Mark Jarzombek examines the impact of psychology on twentieth-century aesthetics. Analysing the interface between psychology, art history and avant-gardist practices, he also reflects on the longevity of the myth of aesthetic individuality as it infiltrated not only avant-garde art, but also history writing. The principal focus of this study is pre-World War II Germany, where theories of empathy and Entartung emerged; and post-war America, where artists, critics and historians gradually shifted from (...) their reliance on psychology to philosophy, and, most recently, to theory. Included are discussions of writers such as Heinrich Wölfflin, Ludwig Volkmann, John Dewey, Vincent Scully and Richard Arnheim, among others. The Psychologizing of Modernity is a broad and erudite study of the evolution of modern aesthetic thinking in the fields of art and architectural history. (shrink)

The History of Psychology course occupies an unusual but critical place in the psychology curriculum at most universities. As the field has become ever more specialized, with the various subdisciplines branching off, The History of Psychology is often the one course where the common roots of all of these areas are explored. Asking not only "What is psychology?" but also "What is science?" "Why is psychology a science?" and "How did it become one?" (...) this book examines how the paradigm of Psychology was built. Discussing key figures in history in the context of their time, it takes students on a carefully formulated, chronological journey through the build-up of psychology from ancient times to the present, and seeks to draw students into the way science is done, rather than merely presenting them with historical fact. Students will learn not only the "what," but the "why" of the history of psychology and will acquire the necessary background historical material to fully understand those concepts. Organized around a series of moments and cases--such as a shift from scholasticism to rationalism or empiricism, and a shift from idealism to materialism--the book seeks to portray psychology as an on-going, evolving process, rather than a theory.--page i. (shrink)

As a practising lawyer and judge, it is the insights gained from Stephen's own experience that give an added practical dimension to this work. As well as his accounts of the history of the branches of the law, Stephen gives several fascinating analyses of famous trials, and explores the relation of madness to crime and the relation of law to ethics, physiology, and mental philosophy. His discussion also includes the subjects of criminal responsibility, offences against the state, the (...) criminal jurisdiction of the Privy Council, libel, Indian criminal law and offences against religion. (shrink)

Assume that a person who is suspected of either murdering X or raping Y credibly and voluntarily confesses to have committed ‘a terrible crime’ but immediately after this utterance decides to remain silent. The remaining available evidence cannot prove beyond reasonable doubt the exact offence which he committed. Should such an accused be acquitted of both offences and evade the law or should a way be found to allow a conviction, although no specific offence can be proven beyond reasonable doubt? (...) Harel and Porat suggest that such an accused should be convicted of an unspecific offence. This paper reaches entirely different conclusions, according to which the prevailing insistence of most Criminal justice systems on offence specificity is justified. It is argued that offence specificity stems from the cognitive psychological difficulties associated with simulating the event in question if the accused is convicted of an unspecific offence. The reason is that fact-finders are unable to simulate the details of an unspecific offence while retaining a confidence level sufficiently high to satisfy the standard of ‘beyond reasonable doubt’. The fact-finder faces a choice between a proven offence which is difficult to simulate and a group of unproven offences which are easy to simulate. These difficulties also give rise to a more solid expressivist justification for offence specificity than that conceded by Harel and Porat. Unspecific offences undermine the efficacy of condemnation because the message that corresponding convictions would broadcast to members of the public would be either blurred and ineffective or based on scenarios none of which was proven beyond reasonable doubt. This paper therefore offers two independent justifications for the prevailing insistence on offence specificity, both of which are based on the cognitive psychological difficulties of simulation, as found by the fact-finder and the public respectively. (shrink)

Psychologists and philosophers have assumed that psychological knowledge is knowledge about, and held by, the individual mind. _Psychological Knowledge_ challenges these views. It argues that bodies of psychological knowledge are social institutions like money or the monarchy, and that mental states are social artefacts like coins or crowns. Martin Kusch takes on arguments of alternative proposals, shows what is wrong with them, and demonstrates how his own social-philosophical approach constitutes an advance. We see that exists a substantial natural amount of (...) philosophical theorising, a body of work that tries to determine the nature and structure of folk psychology. An introduction to the workings of constuctivism, _Psychological Knowledge_ is an insightful introduction to the history of psychology and the recent philosophy of mind. (shrink)

This new book proposes a way out of the crisis by letting go of the idea that psychology needs ‘new’ foundations or a new identity, whether biological, discursive, or cognitive. The psychological is not narrowly confined to any one aspect of human experience; it is quite literally ‘everywhere’. Drawing on a range of influential thinkers including Michel Serres, Michel Foucault, AN Whitehead, and Gilles Deleuze, the book proposes a strong process-oriented approach to the psychological, which studies ‘events’ or ‘occasions.’.

After briefly sketching an historical account of criminal law that emphasizes its longstanding reach into social, commercial and personal life outside the core areas of criminal offenses, this paper explores why criminal law theory has never succeeded in limiting the content of criminal codes to offenses that fit the criteria of dominant theories, particularly versions of the harm principle. Early American writers on criminal law endorsed no such limiting principles to criminal law, and early (...) American criminal law consequently was substantively broad. But even with the rise of theories in the mid-nineteenth century that sought to limit criminal law’s reach, codified offenses continued to widely and deeply regulate social life and exceed the limits of those normative arguments. This essay suggests that this practical failure of criminal law theory occurred because it was never adopted by an institutional actor that could limit offense definitions in accord with normative commitments. Legislatures are institutionally unsuited to having their policy actions limited by principled arguments, and courts passed on the opportunity to incorporate a limiting principle for criminal law once they began, in the Lochner era, actively regulating legislative decisions through Constitutional law. The one avenue through which criminal law theory has had some success in affecting criminal codes is through the influence of specialized bodies that influence legislation, especially the American Law Institute advocacy of the Model Penal Code. But the institutional structure of American criminal law policymaking permits an unusually small role for such specialized bodies, and without such an institutional mechanism, criminal law theory is likely to continue to have little effect on actual criminal codes. (shrink)

In the field of psychology, filial piety is usually defined in terms of traditional Chinese culture-specific family traditions. The problem with this approach is that it tends to emphasize identification of behavioral rules or norms, which limits its potential for application in other cultural contexts. Due to the global trend of population aging, governments are searching for solutions to the accompanying financial burden so greater attention is being focused on the issue of elder care and its relevance to filial (...) practices. We contend that the psychological investigation of filial piety in Chinese societies has progressed to the point that it can now provide a solid structure for research targeting intergenerational relations in other cultures. We describe an indigenous psychology approach that integrated Chinese historical, philosophical, and social trends to construct a model of filial piety in terms of the dual reciprocal and authoritarian filial aspects underlying parent-child relations: the dual filial piety model (DFPM). We use this model to re-conceptualize filial piety from its usual definition as a set of Chinese culture-specific norms to a contextualized personality construct represented by a pair of culturally-sensitive psychological schemas of parent-child interaction. We then describe how the DFPM can provide a framework for research on filial relations on individual, structural, societal, and cross-cultural levels. We conclude with a discussion of how the model may be able to integrate and extend Western research on intergenerational relations and contribute to the issue of elder care beyond Chinese societies. (shrink)

This is a reply to David Brink, Jeff Howard and Stephen Morse’s commentaries on my book, The Age of Culpability.

In the United States and elsewhere, when a person with a criminal record is convicted of a new crime and is sentenced, his or her criminal record plays a significant role in the sentencing determin...

The original versions of the five papers in this Symposium were delivered and discussed at a workshop at the University of Minnesota Law School on Criminal Responsibility and its History. One of the aims of the workshop was to bring together scholars working on the history of the criminal law and scholars whose main focus is on issues in normative criminal law theory, to explore the ways in which they can learn from each other, and (...) to promote a kind of dialogue between historical and normative theorising that is still too rare. Elizabeth Kamali’s exploration of the idea of felony in early English law, and Thomas A Green’s work on the Anglo-American jury, remind us of the importance of looking at the history of our contemporary institutions and concepts: we can understand the law that we now have only by attending to continuities and discontinuities in thought and practice that have marked its long, complex political and social history. Informed by the institutional and conceptual fram .. (shrink)

‘Optimistic’ normative theories of criminal justice aim to justify criminal sanction in terms of its reprobative/rehabilitative value rather than its punitive nature as such. But do such theories accord with ordinary intuitions about what constitutes a ‘just’ response to wrongdoing? Recent empirical work on the psychology of punishers suggests that human beings have a ‘brutely retributive’ moral psychology, making them unlikely to endorse normative theories that sacrifice retribution for the sake of reprobation or rehabilitation; it would (...) mean, for example, that we cannot expect people to support such optimistic theories democratically, calling their feasibility into question. Taking the civic republican theory as an exemplar of optimistic theories, we argue that it does not fail this feasibility test. We review recent empirical research, including studies of our own, to support the claim that, far from being brute retributivists, human beings are generally satisfied only with punishment that delivers something other than mere retribution. And we show that this coheres very closely with the goals and policies that civic republicanism would support, as it may be expected to cohere also with other optimistic proposals. (shrink)

This article critically examines the views that psychology first came into existence as a discipline ca. 1879, that philosophy and psychology were estranged in the ensuing decades, that psychology finally became scientific through the influence of logical empiricism, and that it should now disappear in favor of cognitive science and neuroscience. It argues that psychology had a natural philosophical phase (from antiquity) that waxed in the seventeenth and eighteenth centuries, that this psychology transformed into experimental (...) psychology ca. 1900, that philosophers and psychologists collaboratively discussed the subject matter and methods of psychology in the first two decades of the twentieth century, that the neobehaviorists were not substantively influenced by the Vienna Circle, that the study of perception and cognition in psychology did not disappear in the behaviorist period and so did not reemerge as a result of artificial intelligence, linguistics, and the computer analogy, that although some psychologists adopted the language-of-thought approach of traditional cognitive science, many did not, and that psychology will not go away because it contributes independently of cognitive science and neuroscience. (shrink)

Psychological terms, such as ‘mind’, ‘memory’, ‘emotion’ and indeed ‘psychology’ itself, have a history. This history, I argue, supports the view that basic psychological categories refer to historical and social entities, and not to ‘natural kinds’. The case is argued through a wide ranging review of the historiography of western psychology, first, in connection with the field’s extreme modern diversity; second, in relation to the possible antecedents of the field in the early modern period; and lastly, (...) through a brief introduction to usage of the words ‘soul’, ‘mind’, ‘memory’ and ‘emotion’. The discussion situates the history of psychology within a large historical context, questions assumptions about the continuity of meaning, and draws out implications for the philosophical and social constitution of ‘psychology’ and ‘the psychological’ from the existing literature. The historical evidence, this paper concludes, does not support the conventional presumption that modern psychological terms describe ‘natural kinds’. (shrink)

ABSTRACTR. G. Collingwood is mostly remembered for his theory that historical understanding consists in re-enacting the thoughts of the historical figure whom one is studying. His first recognizable expression of this view followed from an argument about the emptiness of psychological interpretations of religion, and throughout his career Collingwood offered history as re-enactment as an alternative to psychology. Over time, his argument that the psychology of religion could not be relevant to the veracity of religious beliefs was (...) supplanted by the argument that psychology is self-undermining because the psychologist’s procedure of attributing beliefs to blind psychic needs could apply just as easily to the psychologist him- or herself. As an alternative to what he took to be the self-defeating psychological position, Collingwood put forward the study of the development of beliefs as the motivations for actions, which led him to his views that “all history is the history of thought” and that, in order to understand an historical event, we must mentally re-enact the thoughts that stood behind it. (shrink)