A New York Times Notable Book of the Year “For anyone wanting to understand the twists and turns of the history of ideas, this book will be indispensable.”―John Gray, New York Times Book Review The Sense of Reality was the last new collection of essays published by Isaiah Berlin in his lifetime. All informed by Berlin’s lifelong fascination with the history of ideas, these engaging studies range widely: the subjects explored include realism in history; judgment in politics; the history (...) of socialism; the nature and impact of Marxism; the radical cultural revolution instigated by the Romantics; Russian notions of artistic commitment; and the origins and practice of nationalism. The title essay, taking its cue from the impossibility of recreating a bygone epoch, is a superb centerpiece. Now with a new foreword by Timothy Snyder and a new appendix comprising a previously unpublished essay on the great Russian critic Vissarion Belinksy and a previously uncollected lecture on utopianism, The Sense of Reality is a rich and illuminating collection from one of the most seductive writers and thinkers of the twentieth century. (shrink)

"A celebrated master of the spoken as well as the written word, Isaiah Berlin here gives us a rare memoir in the form of a dialogue." "Isaiah Berlin is renowned the world over for his analysis of the ideas that have influenced or transformed societies. He has a deep commitment to liberty and pluralism, and has devoted the half century and more of his professional life as a teacher and lecturer to exploring the conditions that allow these ideals (...) to flourish, and those that threaten them." "Berlin here intersperses insights into the development of his ideas and political philosophy with rich personal reminiscences. He discusses Machiavelli, Marx, Vico, Herder, and Herzen, among others, and their influence over him." "As he leads us from Petrograd to Oxford, Washington, Moscow, London, and Jerusalem, he speaks of his friends and contemporaries: W. H. Auden, Stephen Spender, Igor Stravinsky, A. J. Ayer, Bertrand Russell, and many others. He tells of his moving encounters with Anna Akhmatova, Boris Pasternak, and Chaim Weizmann, and of his passion for music and literature." "Frank and engaging, Conversations with Isaiah Berlin is a remarkable record of one of the great intellectual odysseys of our time."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved. (shrink)

The emergence of the genetic counseling profession has allowed laypeople to understand and benefit from biological advances, and to make critical decisions about their application. The discipline of genetic counseling has been criticized from its very beginning, in particular because of its early association with the eugenics movement. This paper presents a critical and reflective overview of how genetic counseling is implicitly embedded in the history of eugenics but also counteracts past eugenic practices and ideas. After World War II, attempts (...) were made to distance genetic counseling from eugenics. The first definition of genetic counseling did not position this field as a medical encounter but "as a kind of genetic social work aimed primarily to provide people with an understanding of their family's genetics problems." This approach was a reaction to the genetic and social evolutionary ideas that informed eugenic theories during the first half of the 20th century. Professionals engaged in genetic counseling during the 1940s and1950s rejected eugenic practices, but there was still support for eugenics’ goals of improving heredity and eliminating disease. From the 1960s, genetic counseling underwent professionalization alongside feminization and a definition of core values. Among these values were nondirectiveness counseling and the autonomy of the counselee. The dark shadow of Nazi ideology and other eugenic practices, attempts to employ the historical responsibility of geneticists, and the dynamic medical, social, political, and educational changes of the 1960s and 1970s helped to frame approaches and delineate the goals and limits of the new profession of “genetic counseling.”. (shrink)

Isaiah Berlin: A Celebration gathers tributes, reflections, and commentaries on the great thinker and his philosophy, politics, and life-including contributions from Michael Ignatieff, Leon Wieseltier, Ronald Dworkin, Stephen Spender, and many others. "Some [essays], like Joseph Brodsky's tribute, are touchingly personal. Others, like G. A. Cohen's 'Isaiah's Marx, and Mine,' mingle personal reminiscences with a more theoretical look at Berlin's ideas. . . . The volume is a fitting tribute to a thinker famed for his erudition, eclecticism, and (...) clarity of style."--Merle Rubin, The Christian Science Monitor "One of the many merits of this rich and rewarding collection is the sense-very imperfectly conveyed here-it transmits of the tone of Berlin's writings and conversation, of the multiplicity of his interests and the variety of his achievements. . . . The essays testify to the character of Berlin's mind as a luminous prism, in which the cultural traditions of Russia, England and Judaism are marvelously refracted."--John Gray, Times Literary Supplement "[T]he collection testifies to the learning and profundity of Berlin's thought and, by way both of reminiscence and influence, to the charm and gaity of its expression."--Anthony Quinton, The Times of London. (shrink)

Hegel has long been considered a major thinker of progress. This paper extends Hegel’s philosophy of progress into an outline of a philosophy of technology. It does this not by directly reading the little Hegel wrote on the subject, but by introducing six central Hegelian ideas that bear on the technological thought. It argues that, for Hegel, (1) mankind is destined to change its destiny; (2) that true change involved qualitative change; (3) that true change is conceptual, and not material, (...) change; (4) that history progresses immanently according to its own laws; (5) that history progresses towards ever greater artificiality; and that (6) artificiality is closely linked to freedom. These ideas cohere into a Hegelian metaphysics of technology, which is supportive of the technological enterprise. This paper is meant both to sketch a metaphysical understanding of the technological enterprise, and to trace the intellectual roots of contemporary technological utopianism. (shrink)

ABSTRACTThis paper attempts to shed light on Hegel’s recurring comment that Spinoza’s philosophy lacks the ‘principle of individuality’. It shows that this criticism can have three distinct meanings: that Spinozism cannot account for the multiplicity of finite individuals; that Spinozism leads to a moral devaluation of the finite individual; the form of substance is indifferent and lacks a differentiating principle. It is shown that Hegel argued, somewhat incoherently, for all three.

Is it possible for the state simultaneously to respect deep cultural differences and to protect the hard-won citizenship rights of vulnerable group members, particularly women? This 2001 book argues that it is not only theoretically needed, but also institutionally feasible. Rejecting prevalent normative and legal solutions to this 'paradox of multicultural vulnerability', Multicultural Jurisdictions develops a powerful argument for enhancement of the jurisdictional autonomy of religious and cultural minorities while at the same time providing viable legal-institutional solutions to the problem (...) of sanctioned intra-group rights violation. This new 'joint governance' approach is guided by an innovative principle that strives for the reduction of injustice between minority groups and the wider society, together with the enhancement of justice within them. This book will interest students of political and social theory, law, religion, institutional design, as well as cultural and gender studies. (shrink)

The essays collected in this new volume reveal Isaiah Berlin at his most lucid and accessible. He was constitutionally incapable of writing with the opacity of the specialist, but these shorter, more introductory pieces provide the perfect starting-point for the reader new to his work. Those who are already familiar with his writing will also be grateful for this further addition to his collected essays. The connecting theme of these essays, as in the case of earlier volumes, is the (...) crucial social and political role--past, present and future--of ideas, and of their progenitors. A rich variety of subject-matters is represented--from philosophy to education, from Russia to Israel, from Marxism to romanticism--so that the truth of Heine's warning is exemplified on a broad front. It is a warning that Berlin often referred to, and provides an answer to those who ask, as from time to time they do, why intellectual history matters. Among the contributions are "My Intellectual Path," Berlin's last essay, a retrospective autobiographical survey of his main preoccupations and "Jewish Slavery and Emancipation," the classic statement of his Zionist views, long unavailable in print. His other subjects include the Enlightenment, Giambattista Vico, Vissarion Belinsky, Alexander Herzen, G.V. Plekhanov, the Russian intelligentsia, the idea of liberty, political realism, nationalism, and historicism. The book exhibits the full range of his enormously wide expertise and demonstrates the striking and enormously engaging individuality, as well as the power, of his own ideas. "Over a hundred years ago, the German poet Heine warned the French not to underestimate the power of ideas: philosophical concepts nurtured in the stillness of a professor's study could destroy a civilization."--Isaiah Berlin, Two Concepts of Liberty , 1958. (shrink)

"Out of the crooked timber of humanity, no straight thing was ever made."--Immanuel Kant Isaiah Berlin was one of the most important philosophers of the twentieth century--an activist of the intellect who marshaled vast erudition and eloquence in defense of the endangered values of individual liberty and moral and political pluralism. In the Crooked Timber of Humanity he exposes the links between the ideas of the past and the social and political cataclysms of our present century: between the Platonic (...) belief in absolute Truth and the lure of authoritarianism between the eighteenth-century reactionary ideologue Joseph de Maistre and twentieth-century fascism between the romanticism of Schiller and Byron and the militant--and sometimes genocidal--nationalism that convulses the modern world. (shrink)

In British Hegelianism we find, forgotten, a weighty theory of individuality. This theory remains one of the most sustained attempts in the history of philosophy to analyze the individual, not in the social or psychological sense, but as a logical-metaphysical category. The Idealist conceptualization of the individual is bound with their unconventional theory of universals, for they argued that any individual is a “concrete universal,” and vice versa. This article reconstructs the British Idealist theory of individuality, highlighting its key insights: (...) (a) the individual is not a simple unit, but a small system with interrelated parts; (b) the individual is not simply given, but is mediated by thought; (c) the individual is the conceptual glue holding the parts together and assigning them their respective places; (d) the conceptualization of the individual lies at the intersection of logic, aesthetics and systems theory. (shrink)

Isaiah Berlin is heralded as one of the great thinkers of the 20th century and this editied work by a group of distinguished scholars is an examination of an Humean liberal intellectual. Isaiah Berlin's legacy still excites intense scholarly debate.

Representations of the fingers are embodied in our cognition and influence performance in enumeration tasks. Among deaf signers, the fingers also serve as a tool for communication in sign language. Previous studies in normal hearing (NH) participants showed effects of embodiment (i.e., embodied numerosity) on tactile enumeration using the fingers of one hand. In this research, we examined the influence of extensive visuo‐manual use on tactile enumeration among the deaf. We carried out four enumeration task experiments, using 1–5 stimuli, on (...) a profoundly deaf group (n = 16) and a matching NH group (n = 15): (a) tactile enumeration using one hand, (b) tactile enumeration using two hands, (c) visual enumeration of finger signs, and (d) visual enumeration of dots. In the tactile tasks, we found salient embodied effects in the deaf group compared to the NH group. In the visual enumeration of finger signs task, we controlled the meanings of the stimuli presentation type (e.g., finger‐counting habit, fingerspelled letters, both or neither). Interestingly, when comparing fingerspelled letters to neutrals (i.e., not letters or numerical finger‐counting signs), an inhibition pattern was observed among the deaf. The findings uncover the influence of rich visuo‐manual experiences and language on embodied representations. In addition, we propose that these influences can partially account for the lag in mathematical competencies in the deaf compared to NH peers. Lastly, we further discuss how our findings support a contemporary model for mental numerical representations and finger‐counting habits. (shrink)

The border is one of the most urgent issues of our times. We tend to think of a border as a static line, but recent bordering techniques have broken away from the map, as governments have developed legal tools to limit the rights of migrants before and after they enter a country's territory. The consequent detachment of state power from any fixed geographical marker has created a new paradigm: the shifting border, an adjustable legal construct untethered in space. This transformation (...) upsets our assumptions about waning sovereignty, while also revealing the limits of the populist push toward border-fortification. At the same time, it presents a tremendous opportunity to rethink states' responsibilities to migrants. This book proposes a new, functional approach to human mobility and access to membership in a world where borders, like people, have the capacity to move. (shrink)

About the philosophy of Giambattista Vico, 1668- 1774 and Johann Gottfried Herder, 1774-1803.

¿The fox knows many things, but the hedgehog knows one big thing.¿ This fragment of Archilochus, which gives this book its title, describes the central thesis of Isaiah Berlin¿s masterly essay on Tolstoy. There have been various interpretations of Archilochus¿ fragment; Isaiah Berlin has simply used it, without implying anything about the true meaning of the words, to outline a fundamental distinction that exists in mankind, between those who are fascinated by the infinite variety of things (foxes) and (...) those who relate everything to a central all-embracing system (hedgehogs). When applied to Tolstoy, the image illuminates a paradox of his philosophy of history, and shows why he was frequently misunderstood by his contemporaries and critics. Tolstoy was by nature a fox, but he believed in being a hedgehog. (shrink)

Berlin's intense consciousness of the plurality of values, the nature of historical understanding, and the fragility of human freedom premeates essays ranging from his early debates on logical positivism to his later work.

The global distributive implications of automatically allocating political membership according to territoriality (jus soli) and parentage (jus sanguinis) principles have largely escaped critical scrutiny. This article begins to address this considerable gap. Securing membership status in a given state or region--with its specific level of wealth, degree of stability, and human rights record--is a crucial factor in the determination of life chances. However, birthright entitlements still dominate both our imagination and our laws in the allotment of political membership to a (...) given state. In this article we explore the striking conceptual and legal similarities between intergenerational transfers of citizenship and property. The analogy between inherited citizenship and the intergenerational transfer of property allows us to use existing qualifications found in the realm of inheritance as a model for imposing restrictions on the unlimited and perpetual transmission of membership--with the aim of ameliorating its most glaring opportunity inequalities. (shrink)

This article proposes a unified theory of the relationship between corporate social performance (CSP) and corporate financial performance (CFP). The theory provides a framework for rationalizing the various and contradictory findings in past empirical research. The theory is based on the parallels between the business and CSR domains, and thus draws on models from economics.

The first publication of this major work by Isaiah Berlin, regarded by many as the twentieth century’s greatest thinker. It is the only text he ever wrote in which he laid out in one connected account most of his key insights about the “romantic age.”.

National and international criminal law systems are continually seeking doctrinal and theoretical frameworks to help them impose individual liability on collective perpetrators of crime. The two systems move in parallel and draw on each other. Historically, it has been mostly international criminal law that leaned on domestic legal systems for its collective modes of liability. Currently, however, it is the emerging jurisprudence of the International Criminal Court that is at the forefront of innovation, with the doctrine of indirect co-perpetration taking (...) the lead in international prosecutions. The article assesses the potential contribution as well as the limits of this compound doctrine to domestic criminal law jurisprudence, particularly with regard to small-group criminality. Four modes of indirect co-perpetration are discussed, namely shared control, concerted control, controlling board, and flawed triangle perpetration. A doctrine of indirect co-perpetration would enable liability in these modes of perpetration, perhaps with the exception of the latter, which marks the limits of its applicability. (shrink)

Volume 19, Issue 5, May 2019, Page 78-80.

Artificial intelligence surveillance can be used to diagnose individual cases, track the spread of Covid‐19, and help provide care. The use of AI for surveillance purposes (such as detecting new Covid‐19 cases and gathering data from healthy and ill individuals) in a pandemic raises multiple concerns ranging from privacy to discrimination to access to care. Luckily, there exist several frameworks that can help guide stakeholders, especially physicians but also AI developers and public health officials, as they navigate these treacherous shoals. (...) While these frameworks were not explicitly designed for AI surveillance during a pandemic, they can be adapted to help address concerns regarding privacy, human rights, and due process and equality. In a time where the rapid implementation of all tools available is critical to ending a pandemic, physicians, public health officials, and technology companies should understand the criteria for the ethical implementation of AI surveillance. (shrink)

Liberty is an expanded edition of Isaiah Berlin's classic of liberalism, Four Essays on Liberty. Berlin's editor Henry Hardy has incorporated a fifth essay, as Berlin wished, and added further pieces on the same topic, so that Berlin's principal statements on liberty are available together for the first time. He also describes the gestation of the book and throws further biographical light on Berlin's preoccupation with liberty in appendices drawn from his unpublished writings.

The intuition holding that an organized crime leader should be punished more severely than a subordinate who directly commits an offence is commonly reflected in legal literature. However, positing a direct relationship between the severity of punishment and the level of seniority within an organizational hierarchy represents a departure from a more general idea found in much of the substantive criminal law writings: that the severity of punishment increases the closer the proximity to the physical commission of the offence. This (...) paper presents an analysis of the said intuition and attempts to ascertain its roots. Rejecting both retribution and deterrence theory as valid explanations, it will be inferred that the imposition of harsher punishment on organized crime leaders is properly based on the multiplicity of offences for which they are responsible, and not the nature of their involvement in any specific offence. (shrink)

"Political Ideas in the Twentieth Century", Historical Inevitability", "Two Concepts of Liberty", "John Stuart Mill and the Ends of Life". These four essays deal with the various aspects of individual liberty, including the distinction between positive and negative liberty and the necessity of rejecting determinism if we wish to keep hold of the notions of human responsibility and freedom.

Courts and commentators do not differentiate between defendants who perpetrate crimes by means of inanimate weapons or trained animals and those who perpetrate crimes by means of other human beings used as innocent agents. I argue that this widely accepted comparability is grossly insensitive to the violation of the human dignity of the person whom the perpetrator has turned into an instrument to an offence. Identifying the innocent agent as a possible second victim of the offence alongside the intended victim (...) raises several issues of both morality and law. First, the question of moral pertinence: do the scenarios that the law recognises as cases of innocent agency involve a violation of the dignity of the innocent agent? Second, the question of criminalisation: is it appropriate to invoke criminal law to protect the dignity of the innocent agent? Third, the question of the protected interest: assuming that both the dignity of the innocent agent and their autonomy are compromised, which of these violations is graver? I argue that there is a strong connection between the doctrine of innocent agency and the violation of the dignity of the innocent agent; that the violation of the innocent agent’s dignity is severe enough to warrant criminalisation and that this is simple enough to enforce; and that the injury to the innocent agent’s dignity is more significant than the injury to their autonomy. The operative proposal of this article is that the law should recognise perpetration by means of innocent agents as an aggravated mode of commission or an aggravating factor in punishment. (shrink)

In this paper, Ayelet Shachar begins by restating the main idea of her important book The Birthright Lottery : Citizenship and Global Inequality and then goes on to address in a constructive spirit the main themes raised by the five preceding comments written by scholars in the fields of law, philosophy and political science.Dans cet article, Ayelet Shachar commence par rappeler l’idée centrale de son livre important The Birthright Lottery: Citizenship and Global Inequality avant de répondre de manière (...) constructive aux cinq commentaires qui précèdent, rédigés par des experts dans les domaines du droit, de la philosophie et de la science politique. (shrink)

In today's age of restrictionism, a growing number of countries are closing their gates of admission to most categories of would-be immigrants with one important exception. Governments increasingly seek to lure and attract “high value” migrants, especially those with access to large sums of capital. These individuals are offered golden visa programs that lead to fast-tracked naturalization in exchange for a hefty investment, in some cases without inhabiting or even setting foot in the passport-issuing country to which they now officially (...) belong. In the U.S. context, the contrast between the “Dreamers” and “Parachuters” helps to draw out this distinction between civic ties and credit lines as competing bases for membership acquisition. Drawing attention to these seldom-discussed citizenship-for-sale practices, this essay highlights their global surge and critically evaluates the legal, normative, and distributional quandaries they raise. I further argue that purchased membership goods cannot replicate or substitute the meaningful links to a political community that make citizenship valuable and worth upholding in the first place. (shrink)

European Journal of Political Theory, Volume 21, Issue 3, Page 615-623, July 2022. In this response essay, Ayelet Shachar replies to her critics, pushing beyond the arguments developed in her most recent book, The Shifting Border, to probe new ideas. Specifically, she elaborates five avenunes for exploration: dethorning the state as the exclusive decisionmaker on migration; finding the tools to alleviate oppression in the criticized practices themselves; identifying rights and duty-bearers; exposing the spatial dimension of structural injustice; and revisiting (...) the role of territory as mediating equality. (shrink)

In this outstanding collection of essays, Isaiah Berlin, one of the great thinkers of the twentieth century, discusses the importance in the history of thought of dissenters whose ideas still challenge conventional wisdom--among them Machiavelli, Vico, Montesquieu, Herzen, and Sorel. With his unusual powers of imaginative re-creation, Berlin brings to life original minds that swam against the current of their times.

Despite the fundamentally binary character of justification , an upsurge in recent Anglo-American scholarship offers some highly sophisticated and widely diverging conceptions of in criminal law. In the present article we identify eight distinct conceptions of partial justification. We find, however, that each of them is predicated on a different conceptual fallacy. Any sound concept of partial justification in criminal law ought to meet the dual challenge of utility and consistency: it should usefully convey a message that advances the conduct-guiding (...) function of criminal law and retain some consistency with the key attributes of complete justification, particularly its allowing function and the implications of its typically universal nature. We maintain that none of the conceptions offered to date meets this challenge. The different meanings attached to partial justification do not further the guiding function of criminal law beyond what is achieved by the scalar concept of wrongfulness; indeed, they undermine the guiding utility of criminal law by obscuring the distinction between the permissible and the impermissible, thereby also diminishing the expressivity of the criminal conviction. Furthermore, extending partial universality to the proposed notions of partial justification implausibly marks retaliating victims and intervening third parties, who react to allegedly partially justified conduct, as partly blameworthy, whereas present legal doctrine rightly affords them a full defense. (shrink)

Cet article est la traduction française de l’introduction du livre d’Ayelet Shachar, «The Puzzle of Birthright Citizenship», avec la permission de l’éditeur, tirée de The Birthright Lottery : Citizenship and Global Inequality, Cambridge, Mass.: Harvard University Press, pp.1-18. © 2009 President and Fellows of Harvard College. Traduction de Martin Provencher.This paper is the French translation of Ayelet Shachar’s introduction, «The Puzzle of Birthright Citizenship», digitally reproduced by permission of the publisher from The Birthright Lottery : Citizenship and Global (...) Inequality, Cambridge, Mass.: Harvard University Press, pp.1-18. © 2009 by the President and Fellows of Harvard College. Translation by Martin Provencher. (shrink)

Common law treats cases of misfire in which the actor has a valid defence in relation to either the intended victim or the victim actually harmed as particular instances of ‘transferred malice’. It is said that just as the actor’s intention is fictitiously ‘transferred’ from the intended victim to the victim harmed so are defences, meaning that any—and only—defences that would have been available to the actor had he harmed the intended victim will be granted to him with regard to (...) the harm caused to the actual victim. I argue that the blanket solution of transferring defences ‘as is’, without accounting for their differing rationales and their specific implications for cases of misfire, produces bad reasoning and oversimplified decisions—and should therefore be substituted by a separate examination of the actor’s liability with respect to each victim and each type of defence. However, I reject the more robust argument that commentators have made, that a conclusion against transferring defences entails a conclusion against transferred malice in general. I argue that the underlying logic of transferred malice—i.e., treating victims of equivalent wrongs alike—stays intact even if we excise from it the treatment of cross-victim defences. (shrink)

In the recently published collection, Criminal Law and the Authority of the State, two contributions allude to an analogy with parental authority as a means to a better understanding of the institution of criminal punishment, but reach different conclusions. Malcolm Thorburn uses the parental authority analogy to justify the institution of state punishment as an assertion of robust authority over offenders. Antje du Bois-Pedain uses the same analogy to advocate the idea of punishment as an inclusionary practice, designed to reintegrate (...) offenders into society. I argue that Thorburn’s theory of robust authority is inconsistent if not self-contradictory when it tries to assume a liberal posture, and that du Bois-Pedain’s reintegrative model provides a better account of the justification and objectives of state punishment. (shrink)

Criminal law doctrine fails to provide an adequate solution for imputing responsibility to organized crime leaders for the offenses committed by their subordinates. This undesirable state of affairs is made possible because criminal organizations adopt complex organizational structures that leave their superiors beyond the reach of the law. These structures are characterized by features such as the isolation of the leadership from junior ranks, decentralized management, and mechanisms encouraging initiative from below. They are found in criminal organizations such as the (...) American Mafia, the Japanese Yakuza, and even outlaw motorcycle gangs. The paper offers a doctrine that may transcend this shortcoming. Referred to as “leaders’ liability,” this doctrine will be assessed and appraised through a comparison with competing theories such as accomplice liability, Organisationsherrschaft , and conspiracy. (shrink)

The article explores two recurring themes in the scholarly writings on ‘transferred malice’ the doctrine designed by Anglo-American law to allow full criminal responsibility where the defendant caused harm to a different object than the one he had in mind, due to either accident or mistake. First, in face of the diversity of views advocating the eradication of transferred malice, the article searches for the provinces in which that doctrine should still have relevance to our legal system. It is often (...) assumed that malice cannot transfer amongst different offences, which has led many scholars to conclude that the doctrine is superfluous. The analysis here offered counters both assumption and conclusion alike, as well as the common view that differentiates between the implications of accident and mistake. Second, reflecting on the different criteria proposed to restrict the implementation of transferred malice such as physical and immediate harm to the actual object, remoteness of the actual harm from the harm intended, and foreseeability as to the actual harm the article provides an analytical framework by which to assess these criteria and to determine which of them proves more persuasive. The result is a notion of transferred malice that strikes a favourable balance with the requirement of mens rea. (shrink)

Despite the fundamentally binary character of justification, an upsurge in recent Anglo-American scholarship offers some highly sophisticated and widely diverging conceptions of “partial justification” in criminal law. In the present article we identify eight distinct conceptions of partial justification. We find, however, that each of them is predicated on a different conceptual fallacy. Any sound concept of partial justification in criminal law ought to meet the dual challenge of utility and consistency: it should usefully convey a message that advances the (...) conduct-guiding function of criminal law and retain some consistency with the key attributes of complete justification, particularly its allowing function and the implications of its typically universal nature. We maintain that none of the conceptions offered to date meets this challenge. The different meanings attached to partial justification do not further the guiding function of criminal law beyond what is achieved by the scalar concept of wrongfulness; indeed, they undermine the guiding utility of criminal law by obscuring the distinction between the permissible and the impermissible, thereby also diminishing the expressivity of the criminal conviction. Furthermore, extending partial universality to the proposed notions of partial justification implausibly marks retaliating victims and intervening third parties, who react to allegedly partially justified conduct, as partly blameworthy, whereas present legal doctrine rightly affords them a full defense. (shrink)

The Jurisprudence Lecture, delivered by Ayelet Shachar, challenges the established dichotomy between open and closed borders, showing that one of the most remarkable developments of recent years is...