Reorientation: Leo Strauss in the 1930s seeks to explain the 'change in orientation' that Strauss underwent during a decade of personal and political upheaval. Though he began to garner attention in the 1950s, it was in the 1930s that Strauss made a series of fundamental breakthroughs which enabled him to recover, for the first time since the Middle Ages, the genuine meaning of political philosophy. Despite this being a period of marked output and activity for Strauss, his research in this (...) era remains overlooked. This volume is the first to assemble in one place an examination of Strauss' various publications throughout the decade, providing a comprehensive analysis of his work during the period. It includes, for the first time in English, five newly translated writings of Strauss from 1929-37, brought to life with insight from leading scholars in the field. (shrink)

Recognized as one of the leading philosophers and Jewish thinkers of the twentieth century, Emil Ludwig Fackenheim has been widely praised for his boldness, originality, and profundity. As is well-known, a striking feature of Fackenheim's thought is his unwavering contention that the Holocaust brought about a radical shift in human history, so monumental and unprecedented that nothing can ever be the same again. Fackenheim regarded it as the specific duty of thinkers and scholars to assume responsibility to probe this historical (...) event for its impact on the human future and to make its immense ramifications evident. In Emil Fackenheim's Post-Holocaust Thought and Its Philosophical Sources, scholars consider important figures in the history of philosophy--including Kant, Hegel, Heidegger, and Strauss--and trace how Fackenheim's philosophical confrontations with each of them shaped his overall thought. This collection details which philosophers exercised the greatest influence on Fackenheim, and how he diverged from them. Incorporating widely varying approaches, the contributors in the volume wrestle with this challenge historically, politically, and philosophically in order to illuminate the depths of Fackenheim's own thought. (shrink)

Gideon Yaffe presents a theory of criminal responsibility according to which child criminals deserve leniency not because of their psychological, behavioural, or neural immaturity but because they are denied the vote. He argues that full shares of criminal punishment are deserved only by those who have a full share of say over the law.

Michael Bratman's work has been unusually influential, with significance in disciplines as diverse as philosophy, computer science, law, and primatology.The essays in this volume engage with ideas and themes prominent in Bratman's work. The volume also includes a lengthy reply by Bratman that breaks new ground and deepens our understanding of the nature of action.

Gideon Yaffe presents a ground-breaking work which demonstrates the importance of philosophy of action for the law. Many people are serving sentences not for completing crimes, but for trying to. Yaffe's clear account of what it is to try to do something promises to resolve the difficulties courts face in the adjudication of attempted crimes.

Locke claimed that God superadded various powers to matter, including motion, the perfections of peach trees and elephants, gravity, and that he could superadd thought. Various interpreters have discussed the question whether Locke's claims about superaddition are in tension with his commitment to mechanistic explanation. This literature assumes that for Locke mechanistic explanation involves deducibility. We argue that this is an inaccurate interpretation and that mechanistic explanation involves a different type of intelligibility for Locke.

A collection of essays on civil religion in modern political philosophy, exploring the engagement between modern thought and the Christian tradition.

Manipulation by another person often undermines freedom. To explain this, a distinction is drawn between two forms of manipulation: indoctrination is defined as causing another person to respond to reasons in a pattern that serves the manipulator’s ends; coercion as supplying another person with reasons that, given the pattern in which he responds to reasons, lead him to act in ways that serve the manipulator’s ends. It is argued that both forms of manipulation undermine freedom because manipulators track the compliance (...) of their victims, while neutral causal mechanisms do not. Manipulators see to it that their victims comply even in the face of forces that threaten to derail them from the manipulator’s desired course. It is suggested that this has an impact on freedom because part of what we desire in wanting to be free is the availability of forms of life very different from those we actually enjoy. (shrink)

Manifest Activity presents and critically examines the model of human power, the will, our capacities for purposeful conduct, and the place of our agency in the natural world of one of the most important and traditionally under-appreciated philosophers of the 18th century: Thomas Reid. For Reid, contrary to the view of many of his predecessors, it is simply manifest that we are active with respect to our behaviours; it is manifest, he thinks, that our actions are not merely remote products (...) of forces that lie outside of our control. Reid holds, instead, that actions are all and only those events that spring from active power and he produces insightful and imaginative arguments for the claim that only a creature with a mind is capable of having active power. He believes that only human beings, and creatures 'above us', are capable of directing events towards ends, of endowing them with purpose or direction, the distinctive feature of action. However, he also holds that all events, and not merely human actions, are products of active power, power possessed either by human beings or by God. This collection of theses leads Reid to the view that human behaviour and the progress of nature are both essentially teleological. Patterns in nature are the products of laws of which God is the author; patterns in human conduct are the products of character and the laws that individuals set for themselves. Manifest Activity examines Reid's arguments for this view and the view's implications for the nature of character, motivation and the special kind of causation involved in the production of human behavior. (shrink)

The essays in this collection are all studies in the history of modern philosophy. Together they provide a cross-section of current efforts to reconstruct ...

This paper considers the question of why the non-citizenship of offenders poses an obstacle to their criminal punishment. Several proposals are rejected, including Antony Duff’s proposal. It is proposed, instead, that governments are not authorized to punish any offender who cannot be attributed with the norm he violates. The government cannot attribute the norm that a non-citizen violates to him, if the non-citizen can raise in his favor the fact that he has no say over the law. Under certain circumstances, (...) such as when they are visiting, non-citizens cannot raise this point, and so can be attributed with the norms they violate. (shrink)

Reid argues that Hume’s claim that justice is an artificial virtue is inconsistent with the fact that gratitude is a natural sentiment. This chapter shows that Reid’s argument succeeds only given a philosophy of mind and action that Hume rejects. Among other things, Reid assumes that one can conceive of one of a pair of contradictories only if one can conceive of the other—a claim that Hume denies. So, in the case of justice, the disagreement between Hume and Reid is, (...) at bottom, a disagreement over their respective conceptions of how the human mind works at its most fundamental level. (shrink)

Under the “Willful Ignorance Principle,” a defendant is guilty of a crime requiring knowledge he lacks provided he is ignorant thanks to having earlier omitted inquiry. In this paper, I offer a novel justification of this principle through application of the theory that knowledge matters to culpability because of how the knowing action manifests the agent’s failure to grant sufficient weight to other people’s interests. I show that, under a simple formal model that supports this theory, omitting inquiry manifests precisely (...) the same degree of disregard of others’ interests as manifested in knowingly acting criminally. Several surprising implications of this view are described, including that when the agent’s method of inquiry has a non-zero false positive rate, his omission of inquiry does not make the same contribution to his culpability as knowledge, while it does, by contrast, when the false negative rate is non-zero. (shrink)

The purpose of this paper is to study an analogue of Hilbert's seventeenth problem for functions over a valued field which are integral definite on some definable set; that is, that map the given set into the valuation ring. We use model theory to exhibit a uniform method, on various theories of valued fields, for deriving an algebraic characterization of such functions. As part of this method we refine the concept of a function being integral at a point, and make (...) it dependent on the relevant class of valued fields. We apply our framework to algebraically closed valued fields, model complete theories of difference and differential valued fields, and real closed valued fields. (shrink)

This is the first comprehensive interpretation of John Locke's solution to one of philosophy's most enduring problems: free will and the nature of human agency. Many assume that Locke defines freedom as merely the dependency of conduct on our wills. And much contemporary philosophical literature on free agency regards freedom as a form of self-expression in action. Here, Gideon Yaffe shows us that Locke conceived free agency not just as the freedom to express oneself, but as including also the (...) freedom to transcend oneself and act in accordance with "the good." For Locke, exercising liberty involves making choices guided by what is good, valuable, and important. Thus, Locke's view is part of a tradition that finds freedom in the imitation of God's agency. Locke's free agent is the ideal agent. Yaffe also examines Locke's understanding of volition and voluntary action. For Locke, choices always involve self-consciousness. The kind of self-consciousness to which Locke appeals is intertwined with his conception of personal identity. And it is precisely this connection between the will and personal identity that reveals the special sense in which our voluntary actions can be attributed to us and the special sense in which we are active with respect to them. Deftly written and tightly focused, Liberty Worth the Name will find readers far beyond Locke studies and early modern British philosophy, including scholars interested in free will, action theory, and ethics. (shrink)

In Michael Moore's important book Causation and Responsibility, he holds that causal contribution matters to responsibility independently of its relevance to action. We are responsible for our actions, according to Moore, because where there is action, we typically also find the kind of causal contribution that is crucial for responsibility. But it is causation, and not action, that bears the normative weight. This paper assesses this claim and argues that Moore's reasons for it are unconvincing. It is suggested that sometimes (...) a person's responsibility for that to which he causally contributes depends on his recognition of an identity between himself and the protagonist of the event for which he is held responsible. Since this fact about identity is not captured by causal contribution, action matters to responsibility for reasons that are not exhausted by the fact that action involves causal contribution. The relevance of this idea for accomplice liability is also briefly discussed. (shrink)

In his 'Inquiry', Reid claims, against Berkeley, that there is a science of the perspectival shapes of objects ('visible figures'): they are geometrically equivalent to shapes projected onto the surfaces of spheres. This claim should be understood as asserting that for every theorem regarding visible figures there is a corresponding theorem regarding spherical projections; the proof of the theorem regarding spherical projections can be used to construct a proof of the theorem regarding visible figures, and vice versa. I reconstruct Reid's (...) argument for this claim, and expose its mathematical underpinnings: it is successful, and depends on no empirical assumptions to which he was not entitled about the workings of the human eye. I also argue that, although Reid may or may not have been aware of it, the geometry of spherical projections is not the only geometry of visible figure. (shrink)

John Yolton has argued that Locke held a direct realist position according to which sensory ideas are not perceived intermediaries, as on the representational realist position, but acts that take material substances as objects. This paper argues that were Locke to accept the position Yolton attributes to him he could not at once account for appearance‐reality discrepancies and maintain one of his most important anti‐nativist arguments. The paper goes on to offer an interpretation of Locke's distinction between ideas of substances (...) and modes, a distinction that helps Locke to explain appearance‐reality discrepancies, although not in a large enough range of cases to strengthen Yolton's interpretation. (shrink)

Criminal defendants cannot be punished unless found guilty “beyond a reasonable doubt”. Under probabilistic accounts, this means that the probability of guilt given the evidence is above a certain numerical threshold, such as 0.9. Under psychological accounts, by contrast, what is essential is that a factfinder reaches a certain psychological attitude toward guilt, such as certainty or unwavering belief, when contemplating the evidence. An adequate account should provide a normative explanation for why guilt BARD warrants punishment. Psychological accounts are more (...) likely to meet this challenge than probabilistic, it is argued. The permissibility of punishment is likely to be relative to the cognitive attitudes of the punisher, but not to the conditional probability of guilt in light of the evidence. (shrink)

This paper discusses Douglas Husak’s view that ignorance of the law always reduces culpability since the only fully culpable agents are those who are akratic—who act, that is, in a way that they judge to be wrongful, all things considered. The paper argues that this position is in tension with Husak’s avowed commitment to a reasons-responsiveness theory of culpability, given a plausible way of understanding what that means, and what a reason is.

Given the great importance of morality and values in modern sports, especially among young athletes, in this pilot study, we sought to broaden the exploration of the factors that may play role in these contexts, which have not been widely researched to date. Accordingly, the study tested the relationships between sport type (team or individual) and parenting styles (authoritative vs. non-authoritative), and moral decision-making in sport and sport values among 110 adolescent athletes whose age ranges from 11 to 22 (M= (...) 16.04,SD= 2.86). The findings indicated that participants with authoritative parents, as compared to those with non-authoritative parents, are significantly less accepting of cheating in sport, while they also tend more to keep winning in proportion and hold significantly stronger moral values toward sports. Moreover, participants whose main sport is a team sport type tend to accept more cheating and gamesmanship than participants whose main sport is an individualistic sport type. While no differences were recorded between these groups in moral values, team athletes tend to value status in sport more than individual athletes, while the latter tend to value competence regarding their sport. The implications of the findings are discussed in light of no interaction between the effects of parenting styles and sport type on moral and sport values. (shrink)

Courts and commentators are notoriously puzzled about the mens rea standards for complicity. Accomplices intend to aid, but what attitude need they have towards the crimes that they aid? This paper both criticizes extant accounts of the mens rea of complicity and offers a new account. The paper argues that an intention can commit one to an event’s occurrence without committing one to promoting the event, or making it more likely to take place. Under the proposed account of the mens (...) rea of complicity, an accomplice must have an intention that commits him to the crime’s occurrence, but need not commit him to making it more likely that the crime occurs. The paper traces the implications of this view both for several difficult complicity cases, and for ongoing debates among philosophers of action about the necessary and sufficient conditions of joint agency. (shrink)

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.".

Whether we understand it descriptively or normatively, the slogan that ignorance of the law is no excuse is false. Our legal system sometimes excuses those who are ignorant of the law on those grounds and should. Still, the slogan contains a grain of truth; mistakes of law excuse less readily than mistakes of fact, and ought to. This paper explains the asymmetry by identifying a principle of excuse of the form “If defendant D has a false belief that p and (...) _____, then D is excused”, which has the following feature: it is true frequently when p is a non-legal proposition, but it is false often when p is a proposition about the law. Under this principle of excuse, mistakes excuse by showing the agent to have acceptable commitments for recognizing, weighing, and responding to reasons. Many mistakes of fact show this; they show that the agent’s deliberation led to objectionable action because of faulty inputs and not to fault in the deliberation itself. Mistakes of law, by contrast, frequently indicate that the agent has faulty commitments when it comes to legal reasons; they therefore do not provide excuse under the proposed principle of excuse. It is argued that this explanation of the asymmetry between mistakes of fact and law takes us a great distance towards explaining the relevance of mental state to responsibility, an issue of great importance to moral philosophy. (shrink)

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

Moses Mendelssohn was the leading Jewish thinker of the German Enlightenment and the founder of modern Jewish philosophy. His writings, especially his attempt during the Pantheism Controversy to defend the philosophical legacies of Spinoza and Leibniz against F. H. Jacobi’s philosophy of faith, captured the attention of a young Leo Strauss and played a critical role in the development of his thought on one of the fundamental themes of his life’s work: the conflicting demands of reason and revelation. _ Leo (...) Strauss on Moses Mendelssohn_ is a superbly annotated translation of ten introductions written by Strauss to a multi-volume critical edition of Mendelssohn’s work. Commissioned in Weimar Germany in the 1920s, the project was suppressed and nearly destroyed during Nazi rule and was not revived until the 1960s. In addition to Strauss’s introductions, Martin D. Yaffe has translated Strauss’s editorial remarks on each of the passages he annotates in Mendelssohn’s texts and brings those together with the introductions themselves. Yaffe has also contributed an extensive interpretive essay that both analyzes the introductions on their own terms and discusses what Strauss writes elsewhere about the broader themes broached in his Mendelssohn studies. Strauss’s critique of Mendelssohn represents one of the largest bodies of work by the young Strauss on a single thinker to be made available in English. It illuminates not only a formerly obscure phase in the emergence of his thought but also a critical moment in the history of the German Enlightenment. (shrink)

It was common enough in the seventeenth and eighteenth centuries to find philosophers holding the position that for something to be ‘in the mind’ and for that mind to be conscious of it are one and the same thing. The thought is that consciousness is a relation between a mind and a mental entity playing the same role as the relation of inherence found between a substance and qualities belonging to it. What it is, on this view, for something to (...) ‘inhere’ in the mind is for that mind to be conscious of it. Locke was explicit in his acceptance of such a claim, writing, for instance,[T]o be in the Mind, and, never to be perceived, is all one, as to say, any thing is, and is not, in the Mind. (shrink)