This classic collection of essays, first published in 1968, represents H.L.A. Hart's landmark contribution to the philosophy of criminal responsibility and punishment. Unavailable for ten years, this new edition reproduces the original text, adding a new critical introduction by John Gardner, a leading contemporary criminal law theorist.

In his introduction to these closely linked essays Professor Hart offers both an exposition and a critical assessment of some central issues in jurisprudence and political theory. Some of the essays touch on themes to which little attention has been paid, such as Bentham's identification of the forms of mysitification protecting the law from criticism; his relation to Beccaria; and his conversion to democratic radicalism and a passionate admiration for the United States.

This incisive book deals with the use of the criminal law to enforce morality, in particular sexual morality, a subject of particular interest and importance since the publication of the Wolfenden Report in 1957. Professor Hart first considers John Stuart Mill's famous declaration: "The only purpose for which power can be rightfully exercised over any member of a civilized community is to prevent harm to others." During the last hundred years this doctrine has twice been sharply challenged by two (...) great lawyers: Sir James Fitzjames Stephen, the great Victorian judge and historian of the common law, and Lord Devlin, who both argue that the use of the criminal law to enforce morality is justified. The author examines their arguments in some detail, and sets out to demonstrate that they fail to recognize distinction of vital importance for legal and political theory, and that they espouse a conception of the function of legal punishment that few would now share. (shrink)

The conditions for verbal irony comprehension implicitly or directly claimed as necessary by all of the recent philosophic, linguistic and psycholinguistic theories of verbal irony (Clark and Gerrig 1984; Kreuz and Glucksberg 1989; Kumon-Nakamura, Glucksberg and Brown 1995; Sperber and Wilson 1981, 1986) were experimentally tested. Allusion to a violation of expectations, predictions, desires, preferences, social norms, etc., was confirmed as a necessary condition, but pragmatic insincerity was not. Pragmatically sincere comments can be comprehended ironically. A revised set of conditions (...) was proposed, involving intentional violation of Gricean conversational maxims and the portrayal of a contrast between expectations and reality. A cautionary note was made, however, regarding the viability of a single account of verbal irony comprehension. (shrink)

This is a collection of essays on themes of legal philosophy which have all been generated or affected by Hart's work. The topics covered include legal theory, responsibility, and enforcement of morals, with contributions from Ronald Dworkin, Rolf Sartorius, Neil MacCormach, David Lyons, Kent Greenawalt, Michael Moore, Joseph Raz, and C.L. Ten, among others.

Interpreting Figurative Meaning critically evaluates the recent empirical work from psycholinguistics and neuroscience examining the successes and difficulties associated with interpreting figurative language. There is now a huge, often contradictory literature on how people understand figures of speech. Gibbs and Colston argue that there may not be a single theory or model that adequately explains both the processes and products of figurative meaning experience. Experimental research may ultimately be unable to simply adjudicate between current models in psychology, linguistics and philosophy (...) of how figurative meaning is interpreted. Alternatively, the authors advance a broad theoretical framework, motivated by ideas from 'dynamical systems theory', that describes the multiple, interacting influences which shape people's experiences of figurative meaning in discourse. This book details past research and theory, offers a critical assessment of this work and sets the stage for a new vision of figurative experience in human life. (shrink)

Using Figurative Language presents results from a multidisciplinary decades-long study of figurative language that addresses the question, 'Why don't people just say what they mean?' This research empirically investigates goals speakers or writers have when speaking figuratively, and concomitantly, meaning effects wrought by figurative language usage. These 'pragmatic effects' arise from many kinds of figurative language including metaphors, verbal irony, idioms, proverbs and others. Reviewed studies explore mechanisms - linguistic, psychological, social and others - underlying pragmatic effects, some traced to (...) basic processes embedded in human sensory, perceptual, embodied, cognitive, social and schematic functioning. The book should interest readers, researchers and scholars in fields beyond psychology, linguistics and philosophy that share interests in figurative language - including language studies, communication, literary criticism, neuroscience, semiotics, rhetoric and anthropology. (shrink)

There is an irony in that, the modern empirical and scientific study of metaphor, as arguably the major form of figurativity, arose in part from a realization that metaphor resides in territories s...

On January 1, 2020, I (the first author), started my term as the new Editor in Chief of Metaphor and Symbol. I wanted to inaugurate that moment with a short editorial piece in the journal seeking t...

H. L. A. Hart; The Presidential Address: I—Prolegomenon to the Principles of Punishment, Proceedings of the Aristotelian Society, Volume 60, Issue 1, 1 June 196.

H. L. A. Hart; The Presidential Address: I—Prolegomenon to the Principles of Punishment, Proceedings of the Aristotelian Society, Volume 60, Issue 1, 1 June 196.

In this field questions arise which are certainly difficult; but as I listened last time to members of the group, I felt that the main difficulty perhaps lay in determining precisely what questions we are trying to answer. I have the conviction that if we could only say clearly what the questions are, the answers to them might not appear so elusive. So I have begun with a simple list of questions about discretion which in one form or another were, (...) as it seemed to me, expressed by the group last time. I may indeed have omitted something and inserted something useless: if so, no doubt I shall be informed of this later. The central questions then seem to me to be the following: 1. What is discretion, or what is the exercise of discretion? 2. Under what conditions and why do we in fact accept or tolerate discretion in a legal system? 3. Must we accept discretion or tolerate discretion, and if so, why? 4. What values does the use of discretion menace, and what values does it maintain or promote? 5. What can be done to maximize the beneficial operation of the use of discretion and to minimize any harm that it does? (shrink)

Preface -- Acknowledgments -- A note on examples -- 1. The coin toss -- 2. Deviance -- 3. Omission -- 4. Imprecision -- 5. Indirectness -- 6. Figurativeness -- 7. Language play -- 8. THE social media -- 9. The art of language -- 10. The end game -- Epilogue: A clearing revealing an eclipse -- References -- Index.

The conditions for verbal irony comprehension implicitly or directly claimed as necessary by all of the recent philosophic, linguistic and psycholinguistic theories of verbal irony were experimentally tested. Allusion to a violation of expectations, predictions, desires, preferences, social norms, etc., was confirmed as a necessary condition, but pragmatic insincerity was not. Pragmatically sincere comments can be comprehended ironically. A revised set of conditions was proposed, involving intentional violation of Gricean conversational maxims and the portrayal of a contrast between expectations and (...) reality. A cautionary note was made, however, regarding the viability of a single account of verbal irony comprehension. (shrink)

In the two related works in this volume, Bentham offers a detailed critique of William Blackstone's Commentaries on the Laws of England. He provides important refelctions on the nature of law, and more particularly on the nature of customary and statute law, and on judicial interpretation.

This volume addresses the intriguing issue of indirect reports from an interdisciplinary perspective. The contributors include philosophers, theoretical linguists, socio-pragmaticians, and cognitive scientists. The book is divided into four sections following the provenance of the authors. Combining the voices from leading and emerging authors in the field, it offers a detailed picture of indirect reports in the world’s languages and their significance for theoretical linguistics. Building on the previous book on indirect reports in this series, this volume adds an empirical (...) and cross-linguistic approach that covers an impressive range of languages, such as Cantonese, Japanese, Hebrew, Persian, Dutch, Spanish, Catalan, Armenian, Italian, English, Hungarian, German, Rumanian, and Basque. (shrink)