This paper addresses three doctrinal phenomena of which it finds evidence in English law: the quiet extension of the criminal law so as to criminalise that which is by no means an obvious offence; the creation of offences the goal of which is not to guide potential offenders away from crime; and the existence of offending behaviour which is not itself thought to justify arrest or prosecution. While such phenomena have already been criticised by other criminal law theorists, this paper (...) offers a critique to which little attention has yet been paid. It argues that the existence of these phenomena has been concealed from public view: that the organs of state have encouraged the belief that they are no part of English law. The paper then argues that it is high time the state came clean. The state owes its people answers for the imposition of the criminal law: it must account for the creation and enforcement of any given criminal offence. When the state misleads its people about the criminal law’s scope, goals and enforcement, it refuses to provide those people with the answers they are owed. (shrink)

Readers have struggled to interpret an image from the end of Juvenal's fifth satire, a poem which focusses upon the poor hospitality shown to a dinner guest, Trebius, at the hands of his host, Virro. After repeatedly juxtaposing the luxurious food served to Virro with the scant fare served to Trebius, Juvenal describes the final course of thecena. He again contrasts the host's hyper-abundance with his guest's mere scraps (5.149–55):Virro sibi et reliquis Virronibus illa iubebitpoma dari, quorum solo pascaris odore,qualia (...) perpetuus Phaeacum autumnus habebat,credere quae possis subrepta sororibus Afris:tu scabie frueris mali, quod in aggere roditqui tegitur parma et galea, metuensque flagellidiscit ab hirsuta iaculum torquere capella.Virro will demand that he and the rest of his entourage receive these apples—though you'll dine on their smell alone—like those the endless autumn of the Phaeacians used to yield, which you could believe stolen away from the African sisters: you will enjoy the scab of an apple, which, on the Embankment, is gnawed by someone who is protected by a buckler and helm and who, fearing a whipping, learns to hurl a javelin from atop a shaggy goat.While the core contrast between the quality of each type of fare is clear, the concludingqui-clause is less intelligible. Who could this entity be? On line 153, the scholiast comments:quale simia manducat. Whilequalecould refer to the object being eaten (scabie mali quod) rather than to thequi-antecedent, it is clear in any case that the ancient reader felt that 5.153–5 evoked the image of an ape. Recent commentaries on Juvenal's fifth satire reflect a scholarly consensus: J.D. Duff, Edward Courtney, Susanna Braund and Biagio Santorelli all follow the scholiast's suggestion and believe that the passage describes a trained ape, as do recent readers of the poem. (shrink)

welcomed by a new generation of students and scholars in all branches of learning.

Part of the Studies in Crime and Public Policy series, this book, written by one of the top philosophers of punishment, examines the main trends in penal theorizing over the past three decades. Duff asks what can justify criminal punishment, and then explores the legitimacy of actual practices by examining what would count as adequate justification for them. Duff argues that a "communicative conception of punishment," which he presents as a third way between consequentialist and retributive theories, offers (...) the most fruitful way of understanding punishment's meaning and justification. Duff addresses such questions as how much sentences should be constrained by proportionality requirements; what modalities of punishment best communicate their intended meaning; and what decisionmaking procedures he envisions. This book will appeal to criminologists, philosophers, and others interested in theories of punishment. (shrink)

The concept of genius—artistic genius in particular—is generally thought of as a quintessentially nineteenth-century phenomenon: the cornerstone, in fact, of German romanticism. Kant’s treatment of the concept has always been recognized as the source from which the early Romantics drew. But the fact of the matter is that it is to the British Enlightenment that we must look for the first modern formulation of the concept of artistic genius. For it was already well formed and clearly recognizable before Kant got (...) his hands on it. The essay begins by suggesting two ancient sources for the concept of genius, as it developed in eighteenth-century Britain. It then goes on to discuss the contributions to the concept of Joseph Addison, Edward Young, Alexander Gerard, William Duff, and Gerard again, who dipped his oar in twice. (shrink)

The concept of genius—artistic genius in particular—is generally thought of as a quintessentially nineteenth-century phenomenon: the cornerstone, in fact, of German Romanticism. Kant’s treatment of the concept has always been recognized as the source from which the early Romantics drew. But the fact of the matter is that it is to the British Enlightenment that we must look for the first modern formulation of the concept of artistic genius. For it was already well formed and clearly recognizable before Kant got (...) his hands on it. In this article, the author begins by suggesting two ancient sources for the concept of genius as it developed in eighteenth-century Britain, then goes on to discuss the contributions to the concept of Joseph Addison, Edward Young, Alexander Gerard, William Duff, and Gerard again, who dipped his oar in twice. (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)

How can a system of criminal punishment be justified? In particular can it be justified if the moral demand that we respect each other as autonomous moral agents is taken seriously? Traditional attempts to justify punishment as a deterrent or as retribution fail, but Duff suggests that punishment can be understood as a communicative attempt to bring a wrong-doer to repent her crime. This account is supported by discussions of moral blame, of penance, of the nature of the law's (...) demands, and of the proper meaning and purpose of the criminal process of trial and verdict: it deals both with the ideals that should inform a system of criminal law and the extent to which those ideals are actualised in existing institutions and practices. The conclusion is pessimistic: punishment cannot be justified within our legal system; and this gap between the ideal and the actual presents us with serious moral dilemmas. (shrink)

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)

Given Heidegger’s inflammatory remarks about the intellectual poverty of modern logic, it may come as a surprise to be told that he has something to contribute to the philosophy of logic. One of the rewards of Daniel Dahlstrom’s Heidegger’s Concept of Truth is its argument that Heidegger can illuminate such issues in the philosophy of logic as the character of propositions, the nature of bivalence, and the concept of truth. Dahlstrom focuses on Heidegger’s work in the years immediately before and (...) after the publication of Being and Time, with particular emphasis on the lecture courses from this period, especially the one published as Logik: Die Frage nach der Wahrheit. (shrink)

In the middle decades of the twentieth century phenomenology grew from a local philosophy in a few German towns into a movement that spanned Europe. In Converts to the Real, Edward Baring uncovers an unexpected force behind this prodigious growth: Catholicism. Participating in a tightly-knit transnational community, Catholics helped shuttle ideas between national traditions that were otherwise inward-looking and parochial. In the first half of the twentieth century, they wrote many of the first articles and books introducing phenomenological ideas (...) to new contexts. They even organized the rescue of Edmund Husserl's manuscripts out of Nazi Germany in 1938. But the Catholic fascination with phenomenology was intermixed with a profound anxiety. Catholics worried that phenomenological ideas might prove dangerous to the faith, a possibility exemplified by the intellectual trajectory of Martin Heidegger, whose movement away from the Church was facilitated by his reading of Husserl. Converts to the Real uncovers a surprising genealogy for post-war European thought, with important implications for our understanding of the process of secularization and for the set of schools and ideas we now call "continental philosophy."--. (shrink)

The_ Routledge Encyclopedia of Philosophy_ is the most ambitious international philosophy project in many years. Edited by Edward Craig and assisted by thirty specialist subject editors, the REP consists of ten volumes of the world's most eminent philosophers writing for the needs of students and teachers of philosophy internationally. The REP is a project on an unparalleled scale: Over 2000 entries ranging from 500 to 15,000 words in length - thematic, biographical and national 10 volumes consisting of over 5 (...) million words of text plus considerable bibliographic material A Chief Editor and thirty specialist Subject Editors from across the world Over 1200 authors from all over the world. The importance of the REP is not to be found just in the sheer size of the project but also in its breadth of subject matter. It covers: The core of most Anglo-American philosophy - the metaphysical, epistemological and logical questions The usual menu of ethics, political philosophy and the history of philosophy The philosophy of other cultures - from Chinese, Arabic and Jewish philosophy to the philosophy of Africa and Latin America The most impressive range of authors have been gathered together on this unique project: William Alston, Roderick Chisolm, Fred Dretske, Joel Feinberg, Sandra Harding, Larry Laudan, Martha Nussbaum, Richard Popkin, Richard Rorty, Alan Ryan, Gyatri Chakravorty Spivak, Stephen Stich, Patrick Suppes and Bernard Williams, to name just a few. Also available online: www.rep.routledge.com. (shrink)

Do we invent our moral absolutes in order to make society workable? Or are these enduring principles expressed to us by some transcendent or Godlike authority? Efforts to resolve this conundrum have perplexed, sometimes inflamed, our best minds for centuries, but the natural sciences are telling us more and more about the choices we make and our reasons for making them.

In this powerful new study Edward Baring sheds fresh light on Jacques Derrida, one of the most influential yet controversial intellectuals of the twentieth century. Reading Derrida from a historical perspective and drawing on new archival sources, The Young Derrida and French Philosophy shows how Derrida's thought arose in the closely contested space of post-war French intellectual life, developing in response to Sartrian existentialism, religious philosophy and the structuralism that found its base at the École Normale Supe;rieure. In a (...) history of the philosophical movements and academic institutions of post-war France, Baring paints a portrait of a community caught between humanism and anti-humanism, providing a radically new interpretation of the genesis of deconstruction and of one of the most vibrant intellectual moments of modern times. (shrink)

This paper identifies three positions on the relationship between language and experience, the third of which I was not acquainted with before from my reading. It seems absurd.

Post-foundational politics and democracy -- Agonism and democracy -- A typology of agonistic democracy -- Agonistic democracy and the question of institutions -- Agonistic democracy and the limits of popular participation -- Populism, representation, and the popular will -- Political liberalism, contingency and agonistic pluralism -- Liberalism, agonism, and democracy.

The sciences may be conceptualized as a hierarchy ranked by level of organization (e.g., many‐body physics ranks above particle physics). Each science serves as an antidiscipline for the science above it; that is, between each pair, tense but creative interplay is inevitable. Biology has advanced through such tension between its subdisciplines and now can serve as an antidiscipline for the social sciences—for anthropology, for example, by examining the connection between cultural and biological evolution; for psychology, by addressing the nature of (...) learning and the structure of the unconscious; for economics, by examining economically irrational behavior and by comparing economic activity in humans and other species. Sociology, concerned mainly with advanced literate societies, is relatively remote from the genetic basis of human social behavior. However, moving between biological and social levels of organization generates richness and points to new and unexpected principles. (shrink)

Frege and Heidegger appear to appear to have diametrically opposed attitudes towards logic. Frege thinks logic must govern any investigation whatsoever, whereas Heidegger (in "What is Metaphysics?") apparently wants to dismantle logic. But when they try to explicate the nature of judgment, a striking similarity emerges. For while their accounts of judgment are radically different, each finds his account to be, by his own lights, _inexpressible<D>. This paper shows how Heidegger and Frege arrive at their respective accounts of judgment, explains (...) why they regard the status of their accounts as problematic, and explores and evaluates their responses to their parallel predicaments. (shrink)

Scholars have known for some time that Plotinus' treatment of memory forms an important part of his philosophy; and while there are various points of view from which his doctrine can be approached, one seems singularly important. His analysis of memory boldly contrasts conscious and unconscious behaviour in human beings and so materially advances our knowledge of his concept of conscious experience.

I discuss conditions for the validity of proxy consent to treatment on behalf of an incompetent person. I distinguish those incompetents who, when previously competent, expressed an opinion on the treatment in question from those who were never competent or who, though previously competent, never expressed an opinion on the proposed treatment. In the former case valid proxy consent usually requires respecting the stated wishes of the patient. The latter case is more difficult. I consider a widely-held principle which appeals (...) to the counterfactual wishes of the incompetent person. I argue that it is unacceptable and propose in its place a principle having to do with the best interests of the patient. Keywords: proxy consent, informed consent, competence, hypothetical wishes, substituted judgment, counterfactual wishes CiteULike Connotea Del.icio.us What's this? (shrink)

Willard Van Orman Quine's work revolutionized the fields of epistemology, semantics and ontology. At the heart of his philosophy are several interconnected doctrines: his rejection of conventionalism and of the linguistic doctrine of logical and mathematical truth, his rejection of the analytic/synthetic distinction, his thesis of the indeterminacy of translation and his thesis of the inscrutability of reference. In this book Edward Becker sets out to interpret and explain these doctrines. He offers detailed analyses of the relevant texts, discusses (...) Quine's views on meaning, reference and knowledge, and shows how Quine's views developed over the years. He also proposes a new version of the linguistic doctrine of logical truth, and a new way of rehabilitating analyticity. His rich exploration of Quine's thought will interest all those seeking to understand and evaluate the work of one of the most important philosophers of the second half of the twentieth century. (shrink)

Current psychiatric classification adopts a disorder-focused diagnostic approach, as exemplified within ICD-11 and DSM-V. Although this approach has improved reliability of categorization, its validity and utility has been questioned (Harvey, Watkins, Mansell, & Shafran, 2004; Insel et al., 2009; Sanislow et al., 2010). Limitations include high comorbidity between supposedly distinct disorders; heterogeneity within diagnoses; limited treatment efficacy; and similarities across disorders in aetiology, latent symptom structure, and underlying biology. There is also evidence of transdiagnostic cognitive-behavioural processes (Harvey et al., 2004). (...) An alternative approach is therefore to focus on fundamental underlying mechanisms of psychopathology rather than observed symptom clusters. This article considers the possible benefits, hurdles, and steps towards implementation of this transdiagnostic mechanistic approach, using the example of repetitive negative thought. (shrink)

In this fresh interpretation of Heidegger, Alexander S. Duff explains Heidegger's perplexing and highly varied political influence. Heidegger and Politics argues that Heidegger's political import is forecast by fundamental ambiguities about the status of politics in his thought. Duff explores how, in Being and Time as well as earlier and later works, Heidegger analyzes 'everyday' human existence as both irretrievably banal but also supplying our only tenuous path to the deepest questions about human life. Heidegger thus points to (...) two irreconcilable attitudes toward politics: either a total and purifying revolution must usher in an authentic communal existence, or else we must await a future deliverance from the present dispensation of Being. Neither attitude is conducive to moderate politics, and so Heidegger's influence tends towards extremism of one form or another, modified only by explicit departures from his thought. (shrink)