This volume is a collection of essays by various contributors in honor of the late Laurence Berns, Richard Hammond Elliot Tutor Emeritus at St. John's College, Annapolis. The essays address the literary, political, theological, and philosophical themes of his life's work as a scholar, teacher, and constant companion of the "great books.".

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.

Ethics and Technology is a step-by-step, hands-on process that companies, civic organizations, and watchdog groups can use to assess the benefits - and costs - of technology. Featuring vignettes drawn from actual business cases, as well as sharply focused study questions, this resource offers tools for asking effective questions and making ethical decisions. John Hart's book will enable corporations, governments, communities, and individuals to get beyond competing ideologies to work cooperatively on a progressive reshaping of society.

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)

This festschrift collects a number of insightful essays by a group of accomplished Christian scholars, all of who have either worked with or studied under Hendrik Hart during his 35-year tenure as Senior Member in Systematic Philosophy at the Institute for Christian Studies, Toronto, Canada.

A renowned scholar charts the sprawling landscape of Door County, Wisconsin, explores the county's agricultural heritage and the difference between the Green Bay and Lake Michigan sides of the peninsula, and examines the cultural aspects of the region.

Do the rich descriptions and narrative shapings of literature provide a valuable resource for readers, writers, philosophers, and everyday people to imagine and confront the ultimate questions of life? Do the human activities of storytelling and complex moral decision-making have a deep connection? What are the moral responsibilities of the artist, critic, and reader? What can religious perspectives—from Catholic to Protestant to Mormon—contribute to literary criticism? Thirty well known contributors reflect on these questions, including iterary theorists Marshall Gregory, James Phelan, (...) and Wayne Booth; philosophers Martha Nussbaum, Richard Hart, and Nina Rosenstand; and authors John Updike, Charles Johnson, Flannery O'Connor, and Bernard Malamud. Divided into four sections, with introductory matter and questions for discussion, this accessible anthology represents the most crucial work today exploring the interdisciplinary connections between literature, religion and philosophy. (shrink)

At one time, the American Medical Association had a strong pro-life position regarding unborn human beings. Using an online AMA archives database, this research note contrasts early AMA pro-life commentary with its eventual pro-choice position. Strong pro-life advocacy in the mid-to-late 1800s, led by doctors such as Horatio Storer, gave way in the 1900s to a waning of pro-life zeal, and eventually developed into a pro-choice stance on abortion.

Until recently, little was known of H.L.A. Hart’s private life. That has now changed with the publication of Nicola Lacey’s A Life of H.L.A. Hart: The Nightmare and the Noble Dream. Drawing on Hart’s notebooks and correspondence, Lacey paints an illuminating portrait of Hart, which reveals that despite his public success he struggled with internal perplexities, including his sexual orientation, Jewish identity, intellectual insecurity, and unconventional marriage. Yet, as critics have noted, the connection between these revelations (...) and the development of Hart’s ideas is unclear. Moreover, one cannot help but wonder whether by focusing on these aspects of Hart’s personal life, Lacey has missed an opportunity to explore certain basic questions about his jurisprudence and its link to wider intellectual currents. For example, linguistics, psychology, and the philosophy of language and mind are much different today than they were in the 1940s and 1950s, yet Lacey does not discuss how such familiar events as the overthrow of logical positivism, the demise of behaviorism, the rise of generative linguistics, or the broader cognitive revolution of which they were a part actually impacted Hart or should influence our understanding of his legacy. Surprisingly, none of these developments are taken up in this book, leading one to ponder the significance of their absence. (shrink)

Outlining the major competing theories in the history of political and moral philosophy--from Locke and Hume through Hart, Rawls, and Nozick--John Simmons attempts to understand and solve the ancient problem of political obligation. Under what conditions and for what reasons, he asks, are we morally bound to obey the law and support the political institutions of our countries?

In an attempt to combat the positivist view that the only legitimate way to conduct social science is in the manner of a natural science, Knight distinguished between positivist and non-positivist categories or levels of interpretation of human-social subject matter. Since each of the categories contained ‘a large element of truth’, Knight argued that any serious analysis would need to embrace a pluralist approach. In this paper I draw on four separate accounts he gave (in 1934, 1940, 1941, and 1942) (...) of these categories in order to arrive at a more complete statement. This fuller description will hopefully promote a deeper appreciation of Knight's emphasis on the need for adopting a pluralist approach to the subject matter of economics. I then apply the perspective of the categories to shed light on Knight's definition of economics and his criticism of Robbins' definition. (shrink)

People from Native American/First Nation spiritual traditions and from Christian religious backgrounds express sometimes contradictory, sometimes complementary perspectives on humans' role in an interrelated and interdependent "web of life." The extinction of salmon species in the Columbia-Snake river system of Canada and the United States, and the loss of salmon from the Haida Gwaii fisheries off the western coast of Canada, provide bioregional stimuli for reflection on whether nonhuman species have intrinsic value or solely instrumental value, and the extent to (...) which species preservation should have equitable status with, or take precedence over, human wants and apparent human needs. If societal needs and species conservation, and the common good of all creatures, are to be integrated for the good of the commons then a relational consciousness must replace "dominion" and "stewardship" attitudes toward creation. (shrink)

In the first half of this paper I show how H. L. A. Hart's theory of rules can resolve, or at least clarify, a central methodological problem in legal anthropology that was first posed in Llewellyn and Egebel's The Cheyenñe Way In the second half I explore and develop Hart's theory of rules, and apply it to problems of agency and behaviourism in legal anthropology, and of legal development, and apply it to the problem of rule-scepticism in legal (...) anthropology as it is posed in Roberts and Comaroffs Rules and Processes and elsewhere. (shrink)

Dissociative identity disorder (DID; called multiple personality disorder in DSMIII-R) is a psychiatric condition in which two or more identity states recurrently take control of the person's behavior. A characteristic feature of DID is the occurrence of apparently severe amnestic symptoms. This paper is concerned with experimental research of memory function in DID and focuses on between-identity transfer of newly learned neutral material. Previous studies on this subject are reviewed and a pilot study with four subjects is described. This study (...) is specifically concerned with the question whether self-reported asymmetries in between-identity transfer can be replicated on experimental memory tests. A secondary aim was to examine whether, in the absence of explicit transfer, implicit transfer of information would occur. The results showed that the apparent amnestic asymmetry for explicit information was substantiated in the laboratory, although at least some leakage was present between the apparently amnestic identities. No evidence was found for better performance on implicit than on explicit memory tests in the apparently amnestic identities. In the discussion, parallels between apparent amnesia in DID and state-dependent memory are drawn, and the question of simulated amnesia is addressed. (shrink)

How do laws resemble rules of games, moral rules, personal rules, rules found in religious teachings, school rules, and so on? Are laws rules at all? Are they all made by human beings? And if so how should we go about interpreting them? How are they organized into systems, and what does it mean for these systems to have 'constitutions'? Should everyone want to live under a system of law? Is there a special kind of 'legal justice'? Does it consist (...) simply in applying the law of the system? And how does it relate to the ideal of 'the rule of law'?These and other classic questions in the philosophy of law form the subject-matter of Law as a Leap of Faith. In this book John Gardner collects, revisits, and supplements fifteen years of celebrated writings on general questions about law and legal systems - writings in which he attempts, without loss of philosophical finesse or insight, to cut through some of the technicalities with which the subject has become encrusted in the late twentieth century. Taking his agenda broadly from H.L.A. Hart's The Concept of Law, Gardner shows how the key ideas in that work live on, and how they have been and can still be improved in modest ways to meet important criticisms - in some cases by concession, in some cases by circumvention, and in some cases by restatement. In the process Gardner engages with key ideas of other modern giants of the subject including Kelsen, Holmes, Raz, and Dworkin. Most importantly he presents the main elements of his own unique and refreshingly direct way of thinking about law, brought together in one place for the first time. (shrink)

Forthcoming in Kramer et al (eds), The Legacy of H.L.A. Hart. Posted 8 February 2008.

Peter Abelard (1079–1142 ce) was the most wide‐ranging philosopher of the twelfth century. He quickly established himself as a leading teacher of logic in and near Paris shortly after 1100. After his affair with Heloise, and his subsequent castration, Abelard became a monk, but he returned to teaching in the Paris schools until 1140, when his work was condemned by a Church Council at Sens. His logical writings were based around discussion of the “Old Logic”: Porphyry's Isagoge, aristotle'S Categories and (...) On Interpretation and boethius'S textbook on topical inference. They comprise a freestanding Dialectica (“Logic”; probably c.1116), a set of commentaries (known as the Logica [Ingredientibus], c. 1119) and a later (c. 1125) commentary on the Isagoge (Logica Nostrorum Petititoni Sociorum or Glossulae). In a work Abelard called his Theologia, issued in three main versions (between 1120 and c.1134), he attempted a logical analysis of trinitarian relations and explored the philosophical problems surrounding God's claims to omnipotence and omniscience. The Collationes (“Debates,” also known as “Dialogue between a Christian, a Philosopher and a Jew”; probably c.1130) present a rational investigation into the nature of the highest good, in which the Christian and the Philosopher (who seems to be modeled on a philosopher of pagan antiquity) are remarkably in agreement. The unfinished Scito teipsum (“Know thyself,” also known as the “Ethics”; c.1138) analyses moral action. (shrink)

The philosopher John J. McDermott comes out of the long American tradition that takes the aim of philosophical inquiry to be interpretation of the open meanings of experience, so that we might all live fuller and richer lives. Here, the authors of these nine essays explore his highly original interpretations of philosophy's various questions about our shared existence. How are we to understand the nature of American culture and to carry forward its important contributions? What is the personal importance (...) of embodiment, of living in the realization of death? How does our physical and personal environment nourish bodies and spirits? What does the deliberate pursuit of a morality offer us? How can we carry forward the fundamental tasks of education to enable those who follow us to use our shared past to address their civic and spiritual problems? What are the possibilities for community? Together, these essays offer a clear, multi-layered understanding of the compelling vision that McDermott has presented over the years. In an Afterword, McDermott responds to the authors' queries and concerns, offering a restatement of his understanding of the American philosopher's task. These essays indicate, and McDermott's response confirms, that for him philosophy is not a purely cerebral activity. Philosophy is, rather, an intellectual means of exploring the fullness of human experience, and it functions best when it operates in the context of the broad sweep of the humanities. Similarly, for McDermott the self is no given substantial entity. On the contrary, it is relational, rooted geographically and socially in its place and its fellows, and damaged when these life-giving processes fail. Further, McDermott does not accept any ultimate canopy of meaning. The human journey is a personal project within which provisional meanings must be created to sustain our advance. (shrink)

HLA Hart has sometimes been associated with the false proposition that there is 'no necessary connection between law and morality'. Nigel Simmonds is the latest critic to make the association. He offers an 'ironic' interpretation of a famous passage in Hart's The Concept of Law in which the proposition is apparently rejected as false by Hart. In this paper I explain why, even if Simmonds's ironic interpretation is tenable, it does not associate Hart with the proposition (...) in the way that Simmonds believes that it does. More affirmatively, I show that among several necessary connections between law and morality that Hart defends, there is an important indirect one that runs from law to legality, from legality to justice, and from justice to morality. (shrink)

While contemporary feminist philosophical discussions focus on the oppressiveness of universality which obliterates “difference,” the complete demise of universality might hamper feminist philosophy in its political project of furthering the well-being of all women. Dewey's thoroughly functionalized, relativized, and fallibilized understanding of universality may help us cut universality down to size while also appreciating its limited contribution. Deweyan universality may signify the ongoing search for a genuinely common language in the midst of difference.

While contemporary feminist philosophical discussions focus on the oppressiveness of universality which obliterates "difference," the complete demise of universality might hamper feminist philosophy in its political project of furthering the well-being of all women. Dewey's thoroughly functionalized, relativized, and fallibilized understanding of universality may help us cut universality down to size while also appreciating its limited contribution. Deweyan universality may signify the ongoing search for a genuinely common language in the midst of difference.

In Prophecy without Contempt, Cathleen Kaveny argues that prevailing scholarly approaches to religious and public discourse misunderstand the actual complexity of moral rhetoric in America. She endeavors to provide a better account through study of the role the Puritan jeremiad has played. Kaveny then offers a normative case for deliberative public moral discourse and the limited exercise of prophetic denunciation. I argue that Kaveny's distinction between deliberation and prophetic denunciation is overdrawn. They are ideal types that elide other rhetorical forms. (...) Moreover, both deliberative discourse and prophetic denunciation assume a social contract or shared tradition. Healthy moral discourse requires revolutionary rhetoric to interrogate and break traditions that are themselves morally compromised. (shrink)

The book provides a series of approaches to the ancient question of whether and how God is a matter of "experience," or, alternately, to what extent the notion of experience can be true to itself if it does not include God. On the one hand, it seems impossible to experience God: the deity does not offer Himself to sense experience. On the other hand, there have been mystics who have claimed to have encountered God. The essays in this collection seek (...) to explore the topic again, drawing insights from phenomenology, theology, literature, and feminism. Throughout, this stimulating collection maintains a strong connection with concrete rather than abstract approaches to God. The contributors: Michael F. Andrews, Jeffrey Bloechl, John D. Caputo, Kristine Culp, Kevin Hart, Kevin L. Hughes, Jean-Yves Lacoste, Crystal Lucky, Renee McKenzie, Kim Paffenroth, Michael Purcell, Michael J. Scanlon, O.S.A., James K. A. Smith. (shrink)

This address at the Hart Centenary Conference in Cambridge in July 2007 reflects on foundational elements in Hart's method in legal philosophy. It argues that his understanding of what it is to adopt an internal point of view was flawed by (a) inattention to the difference between descriptive history (or biography or detection) and descriptive general theory of human affairs, (b) inattention to practical reason as argument from premises, some factual but others normative (evaluative) in their content, and (...) (c) relative inattention to the deliberations of law-makers as distinct from subjects of the law. These flaws contributed to a concept or theory of law that so truncated its account of the juridical, and of the sources of legal reasoning, that it could provide little or no guidance in situations of legal difficulty. The paper suggests that these flaws result, to some significant extent, from the skeptical doubts about morality evident particularly in his later work. All this has implications for the kind of approach to law and legal theory often self-described as positivist. (shrink)

On March 12, 2009, a Sikorsky S-92A helicopter travelling to two offshore oil installations crashed into the sea about 55 km away from the coastal city of St. John’s in Newfoundland and Labrador, Canada. It sank quickly with the loss of 17 lives. There was one survivor. The article examines the circumstances of the crash to assess the effectiveness of an instrumental, business case for safety and, by extension, for corporate social responsibility. The article fills a gap in the (...) business and the management literature by adopting a qualitative, case study methodology to complement earlier, predominantly quantitative research. The study analyzes a comprehensive set of documentary data available from the offshore regulator’s public inquiry website, including many days of verbatim testimony from the industry, the union, regulators, investigators, the lone survivor and families of the deceased, in addition to written submissions and expert reports. Investigatory reports from the Transportation Safety Board of Canada and the NL Inquiry were analyzed, as were regulatory documents and media coverage. Although offshore safety has improved since the Ocean Ranger disaster in 1982, the empirical evidence in this case study adds to our understanding of how reliance on a voluntary, instrumental business case for CSR in the absence of a normative concept of CSR is likely to fail, largely because of the existence of a powerful tension between oil exploration and production and investment in safety. (shrink)

In this book, J. L. Mackie makes a careful study of several philosophical issues involved in his account of causation. Mackie follows Hume's distinction between causation as a concept and causation as it is ‘in the objects’ and attempts to provide an account of both aspects. Mackie examines the treatment of causation by philosophers such as Hume, Kant, Mill, Russell, Ducasse, Kneale, Hart and Honore, and von Wright. Mackie's own account involves an analysis of causal statements in terms of (...) counterfactual conditionals though these are judged to be incapable of giving a complete account of causation. Mackie argues that regularity theory too can only offer an incomplete picture of the nature of causation. In the course of his analysis, Mackie critically examines the account of causation offered by Kant, as well as the contemporary Kantian approaches offered by philosophers such as Bennett and Strawson. Also addressed are issues such as the direction of causation, the relation of statistical laws and functional laws, the role of causal statements in legal contexts, and the understanding of causes both as ‘facts’ and ‘events’. Throughout the discussion of these topics, Mackie develops his own complex account of the nature of causation, finally bringing his analysis to bear in regard to the topic of teleology and the question of whether final causes can be justifiably reduced to efficient causes. (shrink)

Law as a leap of faith -- Legal positivism : 5 1/2 myths -- Some types of law -- Can there be a written constitution? -- How law claims, what law claims -- Nearly natural law -- The legality of law -- The supposed formality of the rule of law -- Hart on legality, justice, and morality -- The virtue of justice and the character of law -- Law in general.

The philosopher John J. McDermott comes out of the long American tradition that takes the aim of philosophical inquiry to be interpretation of the open meanings of experience, so that we might all live fuller and richer lives. Here, the authors of these nine essays explore his highly original interpretations of philosophy's various questions about our shared existence. How are we to understand the nature of American culture and to carry forward its important contributions? What is the personal importance (...) of embodiment, of living in the realization of death? How does our physical and personal environment nourish bodies and spirits? What does the deliberate pursuit of a morality offer us? How can we carry forward the fundamental tasks of education to enable those who follow us to use our shared past to address their civic and spiritual problems? What are the possibilities for community? Together, these essays offer a clear, multi-layered understanding of the compelling vision that McDermott has presented over the years. In an Afterword, McDermott responds to the authors' queries and concerns, offering a restatement of his understanding of the American philosopher's task. These essays indicate, and McDermott's response confirms, that for him philosophy is not a purely cerebral activity. Philosophy is, rather, an intellectual means of exploring the fullness of human experience, and it functions best when it operates in the context of the broad sweep of the humanities. Similarly, for McDermott the self is no given substantial entity. On the contrary, it is relational, rooted geographically and socially in its place and its fellows, and damaged when these life-giving processes fail. Further, McDermott does not accept any ultimate canopy of meaning. The human journey is a personal project within which provisional meanings must be created to sustain our advance. (shrink)

In this essay I argue that in some sense legal philosophy, at least as the term is now understood among analytic jurisprudents in the Anglophone world, is to a large extent a creation of H. L. A. Hart’s work. It is with him that the search for the concept or the nature of law was one established as an independent object of inquiry, that consciously tried to avoid moral or political questions. In framing the province of jurisprudence in this (...) way Hart not only departed from the work of Thomas Hobbes and Jeremy Bentham, whose political commitments are clear, but also from the seemingly much closer enterprise of John Austin. After demonstrating this difference between Austin’s enterprise and Hart’s, I criticize the direction legal philosophy has taken following Hart’s lead.Resumen:En este ensayo se plantea la idea de que en cierto modo la filosofía del derecho —al menos en la forma en que es entendida entre los filósofos analíticos del mundo angloparlante— es en gran medida una invención de H. L. A. Hart. Con la obra de Hart, en efecto, la búsqueda del concepto o naturaleza del derecho, se ha consolidado como un objeto de investigación independiente, que conscientemente pretende deslindarse de las cuestiones políticas o morales. Al definir el campo de estudio de la filosofía del derecho en este sentido, Hart no sólo se aparta del trabajo de Thomas Hobbes y de Jeremy Bentham, cuyos compromisos políticos son evidentes, sino también del proyecto aparentemente más cercano de John Austin. Después de señalar la diferencia entre los proyectos de Austin y de Hart, el autor pone en cuestión la dirección que ha tomado la filosofía del derecho al ser encabezada por Hart. (shrink)

There is more engagement with philosophy—Western and Eastern—in my work than you will find anywhere in the history of black American literature.1the coss dialogues, which began in 1995, resulted from a generous endowment provided to SAAP from the estates of Herbert W. Schneider and Albert G. Redpath, both students of John J. Coss at Columbia University. The dialogues are intended to promote conversation between philosophers in the “classic” American tradition and accomplished specialists in other fields. They seek to bridge (...) the seeming distance across disciplinary boundaries, thus promoting shared inquiry around themes, issues, questions of common interest to American philosophy and, for example, the social and... (shrink)

This book represents the most comprehensive attempt to date to explore and test Derrida's contribution and influence on the study of theology, biblical studies, and the philosophy of religion. Over the course of the last decade, the writings of Derrida and the key concepts that emerge from his work such as the gift, apocalypse, hospitality, and messianism have wrought far-reaching and irresistible changes in the way that scholars approach biblical texts, comparative religious studies, and religious violence, for instance, as well (...) as the way they understand basic religious themes as myth, creation, forgiveness, one-ness, and multiplicity. In addition to original contributions from over twenty highly-regarded scholars including John Caputo, Daniel Boyarin, Edith Wyschogrod, Tim Beal, and Gil Anidjar, the volume opens with a lengthy interview with Derrida. (shrink)

This article presents a critical reevaluation of the thesis—closely associated with H. L. A. Hart, and central to the views of most recent legal philosophers—that the idea of state coercion is not logically essential to the definition of law. The author argues that even laws governing contracts must ultimately be understood as “commands of the sovereign, backed by force.” This follows in part from recognition that the “sovereign,” defined rigorously, at the highest level of abstraction, is that person or (...) entity identified by reference to game theory and the philosophical idea of “convention” as the source of signals with which the subject population has become effectively locked, as a group, into conformity. (shrink)