This philosophical work on punishment includes coverage of retributivisms, moral education and reform, consequentialism and rights, sentencing and how to make the punishment fit the crime, abolitionism and sociological perspectives.

It appears at least intuitively appropriate to claim that we owe it to victims to punish those who have wronged them. It also seems plausible to state that we owe it to society to punish those who have violated its norms. However, do we also owe punishment to perpetrators themselves? In other words, do those who commit crimes have a moral right to be punished? This work examines the sustainability of the right to be punished from the standpoint (...) of the two main theories of rights—the will and the interest conceptions. The right to be punished is shown to be largely indefensible on both accounts: on the will theory, the right to be punished conflicts with autonomy, and it can neither be claimed nor waived by a perpetrator; on the interest theory, a perpetrator’s interest in punishment, inasmuch as it exists, is not sufficient to ground a duty on the part of the state. (shrink)

The question "What can justify criminal punishment ?" becomes especially insistent at times, like our own, of penal crisis, when serious doubts are raised not only about the justice or efficacy of particular modes of punishment, but about the very legitimacy of the whole penal system. Recent theorizing about punishment offers a variety of answers to that question-answers that try to make plausible sense of the idea that punishment is justified as being deserved for past crimes; answers that try to (...) identify some beneficial consequences in terms of which punishment might be justified; as well as abolitionist answers telling us that we should seek to abolish, rather than to justify, criminal punishment. This book begins with a critical survey of recent trends in penal theory, but goes on to develop an original account (based on Duff's earlier Trials and Punishments) of criminal punishment as a mode of moral communication, aimed at inducing repentance, reform, and reconciliation through reparation-an account that undercuts the traditional controversies between consequentialist and retributivist penal theories, and that shows how abolitionist concerns can properly be met by a system of communicative punishments. In developing this account, Duff articulates the "liberal communitarian" conception of political society (and of the role of the criminal law) on which it depends; he discusses the meaning and role of different modes of punishment, showing how they can constitute appropriate modes of moral communication between political community and its citizens; and he identifies the essential preconditions for the justice of punishment as thus conceived-preconditions whose non-satisfaction makes our own system of criminal punishment morally problematic. Punishment, Communication, and Community offers no easy answers, but provides a rich and ambitious ideal of what criminal punishment could be-an ideal of what criminal punishment cold be-and ideal that challenges existing penal theories as well as our existing penal theories as well as our existing penal practices. (shrink)

In this long-awaited book, Antony Duff offers a new perspective on the structures of criminal law and criminal liability. His starting point is a distinction between responsibility (understood as answerability) and liability, and a conception of responsibility as relational and practice-based. This focus on responsibility, as a matter of being answerable to those who have the standing to call one to account, throws new light on a range of questions in criminal law theory: on the question of criminalisation, which (...) can now be cast as the question of what we should have to answer for, and to whom, under the threat of criminal conviction and punishment; on questions about the criminal trial, as a process through which defendants are called to answer, and about the conditions (bars to trial) given which a trial would be illegitimate; on questions about the structure of offences, the distinction between offences and defences, and the phenomena of strict liability and strict responsibility; and on questions about the structures of criminal defences. The net result is not a theory of criminal law; but it is an account of the structure of criminal law as an institution through which a liberal polity defines a realm of public wrongdoing, and calls those who perpetrate (or are accused of perpetrating) such wrongs to account. (shrink)

I begin by discussing the ways in which a would‐be blamer's own prior conduct towards the person he seeks to blame can undermine his standing to blame her (to call her to account for her wrongdoing). This provides the basis for an examination of a particular kind of ‘bar to trial’ in the criminal law – of ways in which a state or a polity's right to put a defendant on trial can be undermined by the prior misconduct of (...) the state or its officials. The examination of this often neglected legal phenomenon illuminates some central features of the criminal law and the criminal process, and some of the preconditions for the legitimacy of the criminal law in a liberal republic. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Commentary on “Psychopathy, Other-Regarding Moral Beliefs, and Responsibility”R. A. Duff (bio)AbstractI make four criticisms of Fields’s account of one type of psychopathy as a responsibility-negating personality disorder which involves an incapacity to form other-regarding moral beliefs. First, his account of what it is to hold moral beliefs (in terms of accepting universal practical principles) actually specifies neither a necessary, nor a sufficient, condition for holding a moral belief. Second, (...) he is too quick to dismiss the suggestion that what psychopaths suffer from is an inability to understand moral concepts and values. Third, he does not show why we should ascribe an incapacity to accept moral beliefs to the psychopath, rather than a culpable failure to do so. Fourth, he suggests too weak a criterion of criminal liability, as requiring only the capacity to act for prudential reasons.KeywordsMoral beliefs, moral understanding, incapacity, criminal liabilityFields argues that we can properly count at least one type of psychopathy as a personality disorder which negates moral responsibility. This is not because, as others have argued, such psychopaths cannot understand moral concepts and moral values, but because they suffer an incapacity to form other-regarding moral beliefs, i. e., to accept practical moral principles; we cannot hold them morally responsible for failing to accept or obey moral principles which they lack the capacity to accept. Nor, he also argues, should we hold them criminally liable, since they lack that capacity to act for prudential reasons to which a deterrent system of law appeals.His paper rightly emphasizes the interdependence of psychiatry and philosophy, in this as in other contexts. A psychiatric account of psychopathy as a disorder involving some kind of moral incapacity must depend for its precise sense on an adequate account of the concepts of moral capacity and incapacity: an account which should draw on the resources of moral philosophy. Philosophers who aim to understand those concepts will do well to attend, as Fields does attend, to psychiatric discussions and case histories: not only because this is necessary if their comments on mental disorder or on psychopathy are to be adequately informed, but also because careful attention to the problematic phenomena of mental disorder can also illuminate our understanding of the rational powers and capacities which are lacking or distorted in the disordered, and which philosophers hope to analyze. Fields is also clearly right to emphasize that the criteria of moral responsibility might not be the same as the appropriate [End Page 283] criteria of criminal liability: that the question of whether psychopaths should be criminally liable cannot necessarily be answered simply by determining whether they are morally responsible.However, I do not think that he has provided an adequate account of psychopathy as a personality disorder which negates moral responsibility and criminal liability. I will comment on four aspects of his discussion.First, as Fields recognizes, one who wants to argue that psychopaths lack the capacity to form moral beliefs owes us an account of what it is to form, or hold, a moral belief. Fields’s account is familiar, but arguable. To hold a moral belief is to accept, and to be motivated by, a universal practical principle: a principle which one regards as providing very strong reasons for action, and breaches of which arouse such responses as (third-person) disapproval or (first-person) guilt. It could be plausibly objected, however, that accepting some universal practical principle is neither a necessary nor a sufficient condition for holding a moral belief.It is not a sufficient condition, partly because not any universal practical principle which an agent treats as being important can intelligibly count as a moral principle. The principle “One should never split an infinitive” cannot, by itself, count as a moral principle; and if someone treated it as if it were a moral principle, we would judge his moral understanding, and his rational capacities, to be seriously impaired. This suggests that a purely formal account of the “moral,” like Fields’s (an account that pays no attention to the content of what could count as a moral principle) cannot be adequate (see Foot 1978). A further, related reason for the... (shrink)

Jerome Bickenbach has provided a fair and sympathetic account of my argument in Trials and Punishments, and has clarified some of the book’s obscurities - for which I am very grateful: I will focus my response on his main objection to my account of punishment, since I am not persuaded that the objection holds.Bickenbach argues that my ideal account of what punishment ought to be if it is to be adequately justified would actually show, if it succeeds, that criminal punishment (...) cannot be justified at all. ‘Criminal punishment, it would appear, is unjustifiable when it is needed, but justifiable only if it is no longer required’. It would be justifiable if it was imposed on a criminal who shared the values embodied in the laws of the true community to which she belonged: but it would then be unnecessary, since in such cases ‘blame alone’ would suffice for the communicative and persuasive purposes which punishment should ideally serve. It would be necessary if the criminal was a committed nonconformist who rejected the community’s values: but it would then be unjustifiable, since in such cases it could not serve the purposes which punishment should ideally serve. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:INCONSISTENCY WITHIN A RECONCILING PROJECT There is nothing I wou'd more willingly lay hold of, than an opportunity of confessing my errors; and shou'd esteem such a return to truth and reason to be more honourable than the most unerring judgment. Hume's words in the first sentence of its Appendix referred to Books I and II of A Treatise of Human Nature. I quote them here with a similarly (...) particular but less glorious reference to Chapter VIII of my Hume's Philosophy of Belief (London, and New York: Routledge and Kegan Paul, and Philosophical Library, 19 61). The errors to be corrected are in the first instance mine. But, if I am now right, they are also and more importantly to be found in the first Inquiry itself. Hume's purpose in Section VIII is to apply to the long disputed question concerning liberty and necessity what he takes to be his discovery that Our idea... of necessity and causation arises entirely from the uniformity observable in the operations of nature, where similar objects are constantly conjoined together, and the mind is determined by custom to infer the one from the appearance of the other. These two circumstances form the whole of that necessity, which we ascribe to matter (Selby-Bigge, EHU 81-82). In urging what is here offered as the new and only correct interpretation of what others want to distinguish as contingent necessity and contingent impossibility, Hume is in their - and my - terms saying that there is no genuine idea of, and no such thing as, contingent necessity and contingent impossibility. There are, that is to say, no true logically contingent propositions asserting certain necessities and impossibilities whether relative or absolute. There are, on the contrary, only logical necessities and logical impossibilities; and these obtain simply as relations of ideas. They do not and cannot either characterize or determine real existence and matter of fact (EHU 25-26). Now certainly, if Hume were right in maintaining either that we cannot coherently assert, or that we never have due warrant for asserting, that any causes necessitate their effects - that they make these, that is, as a matter of fact inevitable and anything else as a matter of fact impossible - then it would become a short and easy task to effect a Compatibilist resolution of the long disputed question. For, on this assumption, nothing more than profound regularities of human behaviour, and sometimes predictabilities, ever have been or ever could be revealed, whether in the everyday experience of the banausic vulgar, or whether by the elevated investigations of the physical and the human sciences. Discoveries of this sort, however, do not and cannot prejudice the familiar realities of human action; which just requires that, in some sense, agents must always be able to do otherwise than they do. This sense - a sense which allows that both the agent who acts freely and the agent who acts under compulsion act - Hume explicates as Locke had done before him in the great chapter 'Of Power' (Essay, II (xxi) 7 ff.). Action necessarily involves a power of acting or not acting, according to the determinations of the will; that is, if we choose to remain at rest, we may; if we choose to move, we also may (EHU 95). 1. Having thus in Part I drawn Compatibilist conclusions from what is in effect his rejection of all contingent necessity and contingent impossibility, Hume proceeds in Part II to apply his findings to the theological special case: to the equally long disputed question of freewill and predestination, that is, rather than of freewill and determinism. After first considering that all reward and punishment must presuppose that the persons to be so treated are the causes of whatever it is for which they are to be rewarded or punished, Hume entertains what ironically he presents as an objection to this theory, with regard to necessity and liberty... It may be said, for instance, that, if voluntary actions be subjected to the same laws of necessity with the operations of matter, there is a continued chain of necessary causes, pre-ordained and pre-determined, reaching from the original cause of all to... (shrink)

Richard Dagger (in this issue) provides perhaps the most persuasive version of a ‘fair play’ theory of criminal punishment, grounded in an attractive liberal republican political theory. But, I argue, his version of the theory still faces serious objections: that its explanation of why some central mala in se are properly criminalised is still distorting, despite his appeal to the burdens of ‘general compliance’; and that it cannot adequately explain (as it should explain) the differential seriousness and wrongfulness of different (...) kinds of crime. (shrink)

It is sometimes thought that the normative justification for responding to large-scale violations of human rights via the judicial appararatus of trial and punishment is undermined by the desirability of reconciliation between conflicting parties as part of the process of conflict resolution. I take there to be philosophical, as well as practical and psychological issues involved here: on some conceptions of punishment and reconciliation, the attitudes that they involve conflict with one another on rational grounds. But I shall argue (...) that there is a conception of political reconciliation available which does not involve forgiveness and this forms of reconciliation may be the best we can hope for in many conflicts. Reconciliation is nevertheless likely to require the expression of what Darrell Moellendorf has called 'political regret' and the denunciatory role aspect of punishment makes it particularly well-suited to this role. (shrink)

On the basis of a communicative theory of criminal punishment, I show how mercy has a significant but limited role to play in the criminal law—in particular (although not only) in criminal sentencing. Mercy involves an intrusion into the realm of criminal law of values and concerns that are not themselves part of the perspective of criminal law: a merciful sentencer acts beyond the limits of her legal role, on the basis of moral considerations that conflict with the demands of (...) penal justice. Sometimes, however (but in a decent system of law in a decent society, rarely), that is how citizens should act. Finally, I discuss, and criticise, two attempts to find a place for mercy within a communicative conception of punishment, and argue that repentance is not an appropriate ground for leniency or mercy in sentencing. (shrink)

Punishment as part of modern criminal law theory -- General purposes of punishment -- General considerations of punishment -- General structure of doctrinal sentencing -- Physical punishments -- Economic punishments.

In this essay, I apply international human rights theory to the domestic discussion of criminalization. The essay takes as its starting point the “right not to be punished” that Douglas Husak posited in his recent book Overcriminalization . By reviewing international human rights norms, I take up Husak’s challenge to imbue this right with further normative content. This process reveals additional relationships between the criminal law and human rights theory, and I discuss one analogy: the (...) derogation by states of an individual’s human rights under specified conditions has certain similarities to the punishment by states of an individual who holds a right not to be punished. Along the way, I highlight the normative implications of defining a human right not to be punished under both generalist and specificationist perspectives on moral rights. Noting the similarities as well as the differences in the concepts of punishment and derogation, this essay aims to contribute to the exchange between theories of human rights and the criminal law. (shrink)

Duff offered an argument for the conclusion that just or legitimate punishment of socially deprived offenders in our unjust society is impossible. One of the claims in his argument is that our courts have the standing to blame an offender only if our polity has the right to do so since our courts are acting as the representatives of, or to use the exact phrases by Duff, “in the name of”, or “on behalf of”, the whole polity. In this (...) paper I will challenge that claim. I will argue that the courts can be seen as acting, not on behalf of the whole polity, but only on behalf of a subset of its citizens, namely, the just citizens (i.e. the citizens who cannot be seen to have wronged the deprived offenders). (shrink)

This book is the product of a major British Academy Symposium held in 2007 to mark the centenary of the birth of H.L.A. Hart, the most important legal philosopher and one of the most important political philosophers of the twentieth century. -/- The book brings together contributions from seventeen of the world's foremost legal and political philosophers who explore the many subjects in which Hart produced influential work. Each essay engages in an original analysis of philosophical problems that were tackled (...) by Hart, some essays including extended critical discussions of his major works: The Concept of Law, Punishment and Responsibility, Causation in the Law and Law, Liberty and Morality. All the main topics of Hart's philosophical writings are featured: general jurisprudence and legal positivism; criminal responsibility and punishment; theories of rights; toleration and liberty; theories of justice; and causation in the law. (shrink)

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

At the beginning of Book X of his last work The Laws Plato turns his attention from violent and outrageous actions in general to the particular case of undisciplined and presumptuous behaviour in matters of religion: “We have already stated summarily what the punishment should be for temple-robbing, whether by open force or secretly. But the punishments for the various sorts of insolence in speech or action with regard to the gods, which a man can show in word or deed, (...) have to be proclaimed after we have provided an exordium. Let this be it: ‘No one believing, as the laws prescribe, in the existence of the gods has ever yet performed an impious action willingly, or uttered a lawless word. Anyone acting in such a way is in one of three conditions: either, first, he does not believe the proposition aforesaid; or, second, he believes that though the gods exist they have no concern about men; or, third, he believes that they can easily be won over by the bribery of prayer and sacrifice”. (shrink)

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

Nigel Walker’s first principle of criminalization declares that ‘Prohibitions should not be included in the criminal law for the sole purpose of ensuring that breaches of them are visited with retributive punishment’. I argue that we should reject this principle, for ‘mala prohibita’ as well as for ‘mala in se’: conduct should be criminalized in order to ensure (as far as we reasonably can) that those who engage in it receive retributive punishment. In the course of the argument, I show (...) why we should not see the criminal law as consisting in ‘prohibitions’; I explain different species of mala prohibita, and show how their commission does involve genuine wrongdoing; and I show the importance of distinguishing the question of regulation from that of sanction. (shrink)

The idea that victims of social injustice who commit crimes ought not to be subject to punishment has attracted serious attention in recent legal and political philosophy. R. A. Duff has argued, for example, a states that perpetrates social injustice lacks the standing to punish victims of such injustice who commit crimes. A crucial premiss in his argument concerns the fact that when courts in liberal society mete out legitimate criminal punishments, they are conceived as acting in the name of (...) all citizens—on behalf of the whole political community. Resisting this premiss, Peter Chau has suggested that courts ought to be conceived as acting only in the name of “just citizens”: citizens who cannot be plausibly seen as having contributed to distributive injustice. When conceived in this way, Chau argues, courts can no longer plausibly be regarded as lacking standing to punish. This article uses the debate between Duff and Chau to explain why the question of whether to punish socially deprived offenders can only be answered adequately when connected to broader concerns of democratic theory. Specifically, it argues that Chau’s proposal is not available within the context of the kind of political community upon which (Duff rightly believes) a system of liberal criminal law depends for its justification and maintenance: a community in which citizens see the law as embodying shared norms whose specific demands they disagree about. State officials are morally permitted to see themselves as acting on behalf of a subset of the citizenry, I argue, only in circumstances of democratic crisis : circumstances in which a moral community can no longer be plausibly said to exist. (shrink)

abstract David Rodin argues that the right of national‐defence as conceived in international law cannot be grounded in the end of defending the lives of individuals. Firstly, having this end is not necessary because there is a right of defence against an invasion that threatens no lives. However, in this context we are to understand that ‘defending lives’ includes defending against certain non‐lethal threats. I will argue that threats to national‐self determination and self‐government are significant non‐lethal threats to (...) the wellbeing of individuals that can justify lethal defensive force. Therefore the end of defending individuals can ground a right of national‐defence against a ‘bloodless invasion’. Secondly, Rodin argues that defending lives is not a sufficient condition for military action to be national self‐defence, because humanitarian intervention is military action to defend individuals, and such action is in deep tension with national self‐defence. I will argue that a reductive account, grounded in claims of need and threats of harm, can justify principles of both intervention and non‐intervention on the same grounds; that is, protecting the wellbeing of individuals. (shrink)

Taking as its starting point Miri Gur-Arye’s critical discussion of a legal duty to report crime, this paper sketches an idealising conception of a democratic republic whose citizens could be expected to recognise a civic responsibility to report crime, in order to assist the enterprise of a criminal law that is their common law. After explaining why they should recognise such a responsibility, what its scope should be, and how it should be exercised, and noting that that civic responsibility must (...) include a responsibility to report one’s own crimes; it discusses whether that civic responsibility could ground at least a limited legal duty to report certain types of crime. It then turns to the question of whether a civic responsibility to assist the criminal law’s enterprise of bringing wrongdoers to account could include a responsibility to arrest suspected or known offenders if the police cannot or will not do so—a responsibility to make a citizen’s arrest, and the legal power to discharge that responsibility: how far should citizens feel entitled, or duty-bound, thus to ‘take the law into their own hands’? (shrink)

Aboriginal Australians have an intrinsic relationship to Country, kinship and community. The processes related to colonisation have decimated traditional lifestyles, ecology and even families. The challenge for energy engineers lies in the ability to reconcile the profession of engineering with the contemporary and traditional cultural and physical needs of Aboriginal people. A discussion around Aboriginal peoples’ most deeply held values will be linked to both global and professional ethical canons. This discussion has implications for Aboriginal and Indigenous peoples globally. A (...) fictitious case study—the ‘Warrigal Downs Energy Hub’—provides us with a hypothetical project to which we can link both examples and frameworks. Our team of Aboriginal and non-Aboriginal educators and engineers provides us with a right, wrong and even better way to work sensitively, meaningfully and reciprocally with Aboriginal people in Australia and, indeed, globally. (shrink)

We have recently developed a new understanding of probability in quantum gravity. In this paper we provide an overview of this new approach and its implications. Adopting the de Broglie–Bohm pilot-wave formulation of quantum physics, we argue that there is no Born rule at the fundamental level of quantum gravity with a non-normalisable Wheeler–DeWitt wave functional \(\Psi\). Instead the universe is in a perpetual state of quantum nonequilibrium with a probability density \(P\ne \left| \Psi \right| ^{2}\). Dynamical relaxation to (...) the Born rule can occur only after the early universe has emerged into a semiclassical or Schrödinger approximation, with a time-dependent and normalisable wave functional \(\psi\), for non-gravitational systems on a classical spacetime background. In that regime the probability density \(\rho\) can relax towards \(\left| \psi \right| ^{2}\) (on a coarse-grained level). Thus the pilot-wave theory of gravitation supports the hypothesis of primordial quantum nonequilibrium, with relaxation to the Born rule taking place soon after the big bang. We also show that quantum-gravitational corrections to the Schrödinger approximation allow quantum nonequilibrium \(\rho \ne \left| \psi \right| ^{2}\) to be created from a prior equilibrium ( \(\rho =\left| \psi \right| ^{2}\) ) state. Such effects are very tiny and difficult to observe in practice. (shrink)

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

First published in 1961, this book considers Hume’s request to be judged solely by the acknowledged works of his maturity. It focuses on Hume’s first Inquiry in its own right as a separate book to the likes of his other works, such as the Treatise and the Dialogues, which are here only used as supplementary evidence when necessary. This approach brings out, as Hume himself quite explicitly wished to do, the important bearing of his more technical philosophy on matters (...) of religion and of world-outlook generally: "Be a philosopher; but amidst all your philosophy, be still a man.". (shrink)

I begin by discussing the ways in which a would-be blamer's own prior conduct towards the person he seeks to blame can undermine his standing to blame her. This provides the basis for an examination of a particular kind of 'bar to trial' in the criminal law – of ways in which a state or a polity's right to put a defendant on trial can be undermined by the prior misconduct of the state or its officials. The examination of (...) this often neglected legal phenomenon illuminates some central features of the criminal law and the criminal process, and some of the preconditions for the legitimacy of the criminal law in a liberal republic. (shrink)

Atheists are frequently demonized as arrogant intellectuals, antagonistic to religion, devoid of moral sentiments, advocates of an "anything goes" lifestyle. Now, in this revealing volume, nineteen leading philosophers open a window on the inner life of atheism, shattering these common stereotypes as they reveal how they came to turn away from religious belief. These highly engaging personal essays capture the marvelous diversity to be found among atheists, providing a portrait that will surprise most readers. Many of the authors, for example, (...) express great affection for particular religious traditions, even as they explain why they cannot, in good conscience, embrace them. None of the contributors dismiss religious belief as stupid or primitive, and several even express regret that they cannot, or can no longer, believe. Perhaps more important, in these reflective pieces, they offer fresh insight into some of the oldest and most difficult problems facing the human mind and spirit. For instance, if God is dead, is everything permitted? Philosophers without Gods demonstrates convincingly, with arguments that date back to Plato, that morality is independent of the existence of God. Indeed, every writer in this volume adamantly affirms the objectivity of right and wrong. Moreover, they contend that secular life can provide rewards as great and as rich as religious life. A naturalistic understanding of the human condition presents a set of challenges--to pursue our goals without illusions, to act morally without hope of reward--challenges that can impart a lasting value to finite and fragile human lives. Collectively, these essays highlight the richness of atheistic belief--not only as a valid alternative to religion, but as a profoundly fulfilling and moral way of life. (shrink)

Indian Secularism is different from the understanding of Secularism in the West. In India the concept of secularism is understood not as a separation of State and Religion but the recognition, protection and support of all religions by the State without any discrimination. Though Hinduism is the religion of about 80% Indians it is not a State religion. In the recent past some Hindu fundamentalist groups are trying to destroy the pluralist culture and multi-religious ethos of India by using political (...) power to make India mono-cultural and mono-religious. It is a threat to Indian Secularism. It is to be resisted by all right thinking Indian citizens. The present text is the Statement of the Indian Theological Association from its Annual Seminar conducted in 2009. (shrink)

Atheists are frequently demonized as arrogant intellectuals, antagonistic to religion, devoid of moral sentiments, advocates of an "anything goes" lifestyle. Now, in this revealing volume, nineteen leading philosophers open a window on the inner life of atheism, shattering these common stereotypes as they reveal how they came to turn away from religious belief. These highly engaging personal essays capture the marvelous diversity to be found among atheists, providing a portrait that will surprise most readers. Many of the authors, for example, (...) express great affection for particular religious traditions, even as they explain why they cannot, in good conscience, embrace them. None of the contributors dismiss religious belief as stupid or primitive, and several even express regret that they cannot, or can no longer, believe. Perhaps more important, in these reflective pieces, they offer fresh insight into some of the oldest and most difficult problems facing the human mind and spirit. For instance, if God is dead, is everything permitted? Philosophers without Gods demonstrates convincingly, with arguments that date back to Plato, that morality is independent of the existence of God. Indeed, every writer in this volume adamantly affirms the objectivity of right and wrong. Moreover, they contend that secular life can provide rewards as great and as rich as religious life. A naturalistic understanding of the human condition presents a set of challenges--to pursue our goals without illusions, to act morally without hope of reward--challenges that can impart a lasting value to finite and fragile human lives. Collectively, these essays highlight the richness of atheistic belief--not only as a valid alternative to religion, but as a profoundly fulfilling and moral way of life. "This Atheists R Us compilation differs markedly in tone from Hitchens and Dawkins. Excellent fare for Christian small groups whose members are genuinely interested in the arguments raised by atheists." --Christianity Today "Readable, personal, and provocative.... Contrary to the popular image, atheism isn't all rebellious trumpets and defiant drums.... Here we have all the varieties of unreligious experience, a full symphony of unbelief." --Free Inquiry "Compelling and sophisticated arguments that religious people ought to confront." --Tikkun. (shrink)

David Rodin argues that the right of national-defence as conceived in international law cannot be grounded in the end of defending the lives of individuals. Firstly, having this end is not necessary because there is a right of defence against an invasion that threatens no lives. However, in this context we are to understand that 'defending lives' includes defending against certain non-lethal threats. I will argue that threats to national-self determination and self-government are significant non-lethal threats to the (...) wellbeing of individuals that can justify lethal defensive force. Therefore the end of defending individuals can ground a right of national-defence against a 'bloodless invasion'. Secondly, Rodin argues that defending lives is not a sufficient condition for military action to be national self-defence, because humanitarian intervention is military action to defend individuals, and such action is in deep tension with national self-defence. I will argue that a reductive account, grounded in claims of need and threats of harm, can justify principles of both intervention and non-intervention on the same grounds; that is, protecting the wellbeing of individuals. (shrink)

Alan Robinson This set of essays pays tribute to Bob Kowalski on his 60th birthday, an anniversary which gives his friends and colleagues an excuse to celebrate his career as an original thinker, a charismatic communicator, and a forceful intellectual leader. The logic programming community hereby and herein conveys its respect and thanks to him for his pivotal role in creating and fostering the conceptual paradigm which is its raison d’Œtre. The diversity of interests covered here reflects the variety of (...) Bob’s concerns. Read on. It is an intellectual feast. Before you begin, permit me to send him a brief personal, but public, message: Bob, how right you were, and how wrong I was. I should explain. When Bob arrived in Edinburgh in 1967 resolution was as yet fairly new, having taken several years to become at all widely known. Research groups to investigate various aspects of resolution sprang up at several institutions, the one organized by Bernard Meltzer at Edinburgh University being among the first. For the half-dozen years that Bob was a leading member of Bernard’s group, I was a frequent visitor to it, and I saw a lot of him. We had many discussions about logic, computation, and language. (shrink)

Globalization has increased the economic power of the multinational corporation (MNC), engendering calls for greater corporate social responsibility (CSR) from these companies. However, the current mechanisms of global governance are inadequate to codify and enforce recognized CSR standards. One method by which companies can impact positively on global governance is through the mechanism of Global Public Policy Networks (GPPN). These networks build on the individual strength of MNCs, domestic governments, and non-governmental organizations to create expected standards of behaviour in such (...) areas as labour rights, environmental standards, and working conditions. This article models GPPN in the issue area of CSR. The potential benefits of GPPN include better overall coordination among industry and government in establishing what social expectations the modern MNC will be expected to fill. (shrink)

An argument is offered against three naturalistic theories of intentional content: causal-covariation theories, teleological theories, and certain versions of conceptual role semantics. The strategy involves focusing on a normative problem regarding the practice of associating content expressions (e.g., that-clauses) with internal entities (states, symbol structures, etc.). The problem can be expressed thus: Which content expressions are the right ones to associate with internal entities? I argue, first, that an empirical solution to this problem—what I call the Normative Problem—will follow (...) naturally from a descriptive-explanatory account of the practice of associating content expressions with internal entities; and second, that the empirical solution will be accepted and adopted within cognitive science. Naturalistic theories of content also entail solutions to the Normative Problem, and such theories are shown to be false by showing that their solutions to the Normative Problem are inconsistent with the empirical solution coming out of cognitive science. (shrink)

The presumption of innocence has often been understood as a doctrine that can be explained primarily by instrumental concerns relating to accurate fact-finding in the criminal trial and that has few if any implications outside the trial itself. In this paper, I argue, in contrast, that in a liberal legal order everyone has a right to be presumed innocent simply in virtue of being a person. Every person has a right not to be subjected to criminal punishment unless (...) and until he or she has done something that is criminally wrong. Since disagreements about allegations of criminal wrongdoing are inevitable, the liberal legal order requires a process for determining whether wrongdoing has occurred. In order to preserve the right not to be punished without wrongdoing, the accused person must be presumed innocent throughout this process. The presumption of innocence is therefore as much a basic human right as, for example, the right to bodily integrity or the right to freedom of expression. Specifications of and limitations on the right should therefore be justified not primarily in terms of their instrumental effectiveness in fact-finding or crime control but in terms of the role of the criminal process in a liberal legal order. I consider some implications of this view of the presumption of innocence for the pre-trial process and for substantive criminal law. I argue that the presumption of innocence, understood as a basic human right, should condition the entire pre-trial process; it has, however, minimal implications for the definition of offences. (shrink)

The familiar irony of ‘real existing socialism’ is that it never was. Socialist ideals were used to legitimize regimes that fell far short of realizing those ideals – indeed, that violently repressed anyone who tried to realize them. This paper suggests that the derogatory concept of ‘the criminal’ may be allowing liberal ideals to operate in contemporary political philosophy and real politics in a worryingly similar manner. By depoliticizing deep dissent from the prevailing order of property, this concept can obscure (...) what I call the legitimation gap. This is the gulf between (a) liberal accounts of state legitimacy, and (b) the actual functioning of liberal states. Feminists have long pointed out that the exclusion of what is deemed ‘personal’ from political consideration is itself a political move. I propose that the construction of the criminal as a category opposed to the political works similarly to perpetuate unjust forms of social power. (shrink)

At the beginning of Book X of his last work The Laws Plato turns his attention from violent and outrageous actions in general to the particular case of undisciplined and presumptuous behaviour in matters of religion: “We have already stated summarily what the punishment should be for temple-robbing, whether by open force or secretly. But the punishments for the various sorts of insolence in speech or action with regard to the gods, which a man can show in word or deed, (...) have to be proclaimed after we have provided an exordium. Let this be it: ‘No one believing, as the laws prescribe, in the existence of the gods has ever yet performed an impious action willingly, or uttered a lawless word. Anyone acting in such a way is in one of three conditions: either, first, he does not believe the proposition aforesaid; or, second, he believes that though the gods exist they have no concern about men; or, third, he believes that they can easily be won over by the bribery of prayer and sacrifice”. (shrink)

ABSTRACT One striking feature of On the Genealogy of Morals is how it is written. Nietzsche employs a literary style that provokes his readers' emotions. In Beyond Selflessness, Christopher Janaway argues that such a literary approach is integral to Nietzsche's philosophical goals. Feeling the emotions Nietzsche's style arouses is necessary for understanding the views he defends. I argue that Janaway's position is mistaken. The evidence at our disposal fails to establish that emotion is ever necessary for cognition. However, I maintain (...) that we do have good evidence for a slightly weaker claim. The emotionally sensitive person is epistemically better off than the cold and dispassionate person. There are some truths he or she will be more likely to believe and will have better reasons for believing. I conclude that Janaway is right to defend the philosophical importance of Nietzsche's literary writing style. His error is simply that he overstates the case. (shrink)

Metaphysics, having long since recovered the logical positivist/empiricist objections that were supposed to signal its death, is once again coming under sustained criticism, and from a similar direction. Once it was realised that speculative systematic metaphysics needn’t be abandoned in light of empiricist scruples, metaphysics flourished. But it’s become increasingly clear that, even if the logical empiricists didn’t exactly get their objections right, there is something worrying about the evidential basis for contemporary metaphysics. Not that metaphysicians are unaware of (...) this. There is lots of recent activity in metametaphysics, and much of this research is more or less connected to worries about whether we can have evidence in favour of a metaphysical hypothesis. Roughly: there are alternative views according to which metaphysical disputes variously.. (shrink)

I have argued elsewhere that our conception of phenomenal consciousness commits us to simple phenomenal experiences that in some sense constitute our complex experiences. In this paper I argue that the temporal boundaries of simple phenomenal experiences cannot be conceived as fuzzy or vague, but must be conceived as instantaneous or maximally sharp. The argument is based on an account of what is involved in conceiving fuzzy temporally boundaries for events generally. If the argument is right, and our conception (...) of phenomenal consciousness is assumed to reflect the facts about consciousness, then since the temporal boundaries of neurophysiological events can be conceived as fuzzy, considerable pressure can be applied to neurophysiological identity theories, as well as to dualist accounts that posit temporal correspondence with neurophysiological events. (shrink)

25 leading contemporary theorists of criminal law tackle a range of foundational issues about the proper aims and structure of the criminal law in a liberal democracy. The challenges facing criminal law are many. There are crises of over-criminalization and over-imprisonment; penal policy has become so politicized that it is difficult to find any clear consensus on what aims the criminal law can properly serve; governments seeking to protect their citizens in the face of a range of perceived threats have (...) pushed the outer limits of criminal law and blurred its boundaries. To think clearly about the future of criminal law, and its role in a liberal society, foundational questions about its proper scope, structure, and operations must be re-examined. What kinds of conduct should be criminalized? What are the principles of criminal responsibility? How should offences and defences be defined? The criminal process and the criminal trial need to be studied closely, and the purposes and modes of punishment should be scrutinized. Such a re-examination must draw on the resources of various disciplines-notably law, political and moral philosophy, criminology and history; it must examine both the inner logic of criminal law and its place in a larger legal and political structure; it must attend to the growing field of international criminal law, it must consider how the criminal law can respond to the challenges of a changing world.Topics covered in this volume include the question of criminalization and the proper scope of the criminal law; the grounds of criminal responsibility; the ways in which offences and defences should be defined; the criminal process and its values; criminal punishment; the relationship between international criminal law and domestic criminal law. Together, the essays provide a picture of the exciting state of criminal law theory today, and the basis for further research and debate in the coming years. (shrink)

Works of art can be difficult in several ways. One important way is by making us face up to unsettling truths. Such works typically receive praise. I maintain, however, that sometimes they deserve moral censure. The crux of my argument is that, just as we have a right to know the truth in certain contexts, so too we have a right not to know it. Provided our ignorance does not harm or seriously endanger others, the decision about whether (...) to know the truth ought to be left to us. Within this limit, therefore, difficult art is morally problematic if it intentionally targets those who have chosen not to know. To illustrate the problem, I discuss the literary writings of Søren Kierkegaard, which aim to deceive readers into seeing unpleasant truths about themselves that they seek to ignore. (shrink)