Anthony Ellis attempts to offer a deterrence theory of punishment that overcomes a number of common criticisms of deterrence theories in general. While his discussion does suggest many interesting responses that proponents of deterrence theories might use, the theory he defends is problematic for several reasons.

This book recounts the remarkable history of efforts by significant medieval thinkers to accommodate the ontology of the Trinity within the framework of Aristotelian logic and ontology. These efforts were remarkable because they pushed creatively beyond the boundaries of existing thought while trying to strike a balance between the Church's traditional teachings and theoretical rigor in a context of institutional politics. In some cases, good theology, good philosophy, and good politics turned out to be three different things. The principal thinkers (...) discussed are Augustine, Boethius, Abélard, Gilbert of Poitiers, Bonaventure, Aquinas, Scotus, and Ockham. The aspects of Trinitarian doctrine dealt with are primarily internal ontological questions about the Trinity. The approach draws on history of theology and philosophy, as well as on the modern formal disciplines of set-theoretic semantics and formal ontology. Augustine inaugurated the project of constructing models of the Trinity in language drawn from Platonic and Aristotelian philosophy, especially the conceptual framework of Aristotle's Categories. He used the Aristotelian notions of substance and relation to set up a model whose aim was not so much to demystify the Trinity as to demonstrate the logical consistency of maintaining that there is one and only one God at the same time as maintaining that there are three distinct persons, each of whom is God. Standing against this tradition are various heretical accounts of the Trinity. The book also analyzes these traditions, using the same techniques. All these accounts of the Trinity are evaluated relative to the three constraints under which they were formed, bearing in mind that the constraints on philosophical theorizing are not limited to internal consistency but also take note of explanatory power. Besides analyzing and evaluating individual accounts of the Trinity, the book provides a novel framework within which different theories can be compared. (shrink)

In recent years, a growing body of work has emerged in legal theory that focuses on the relationship between law and virtue. Part of this virtue jurisprudence literature deals with the role of virtue in adjudication and judicial decision-making, with leading authors claiming that virtue plays a central explanatory and normative role. This article engages with this literature on virtue in adjudication, and connects it with a contemporary phenomenon that poses a risk for courts and judges, namely the politicisation of (...) judiciaries. In particular, the question emerges whether virtue jurisprudence is able to provide practical guidance to judges and courts in order to help them avert such politicisation. I sketch the outlines of two contrasting answers to this question, by exploring two alternative approaches to understanding the politicisation of judiciaries from within a broadly virtue-ethical framework. On the first approach, it appears that judges may help prevent politicisation, by becoming more attentive to the tragic character of particular cases and by deciding as civic friends. However, on the other approach, which builds on Alasdair MacIntyre’s critique of modern moral discourse, politicisation appears to be intractable, and the practical recommendations following from the first perspective may even aggravate it. (shrink)

This manuscript reports on a landmark symposium on the ethical, legal and technical challenges of xenotransplantation in the UK. King’s College London, with endorsement from the British Transplantation Society (BTS), and the European Society of Organ Transplantation (ESOT), brought together a group of experts in xenotransplantation science, ethics and law to discuss the ethical, regulatory and technical challenges surrounding translating xenotransplantation into the clinical setting. The symposium was the first of its kind in the UK for 20 years. This paper (...) summarises the content of the expert lectures showcasing the progress which has been made in xenotransplantation including—the history of xenotransplantation, advances in gene edited animals and progress towards clinical xenotransplantation. We then set out the ethical and legal issues still to be resolved. Finally, we report the themes of the roundtable discussion highlighting areas of consensus and controversy. While the detail of the legal discussion was directed towards the UK, the principles and summary reported here are intended to be applicable to any jurisdiction seeking to implement clinical xenotransplantation. (shrink)

Review of Caruso's Rejecting Retributivism by Thom Brooks.

"Appointment Denied is the true story behind the Bertrand Russell/City College controversy, where academic freedom, religious fervor, and political expediency combined to form a volatile mixture that posed a palpable threat to higher education in America."--BOOK JACKET.

Punishment is a topic of increasing importance for citizens and policymakers. Why should we punish criminals? Which theory of punishment is most compelling? Is the death penalty ever justified? These questions and many more are examined in this highly engaging and accessible guide. Punishment (2nd edition) is a critical introduction to the philosophy of punishment, offering a new and refreshing approach that will benefit readers of all backgrounds and interests. The first comprehensive critical guide to examine all leading contemporary theories (...) of punishments, this book explores – among others – retribution, the communicative theory of punishment, restorative justice and the unified theory of punishment. Thom Brooks applies these theories to several case studies in detail, including capital punishment, juvenile offending and domestic violence. Punishment highlights the problems and prospects of different approaches in order to argue for a more pluralistic and compelling perspective that is novel and ground-breaking. This second edition has extensive revisions and updates to all chapters, including an all-new chapter on the unified theory substantively redrafted and new chapters on cyber-crimes and social media as well as corporate crimes. Punishment is essential reading for undergraduate and graduate students in philosophy, criminal justice, criminology, justice studies, law, political science and sociology. "Lucid, fair-minded, and well-informed, Thom Brooks’ Punishment offers a superb introduction to a complex and contentious subject. Many a perplexed student will find illumination in his patient discussion of each of the leading theories. The way Brooks shows their interconnectedness and application in practice – to capital punishment, juvenile offenders, domestic violence, and the like – will interest not only students but scholars as well." ―Stuart P. Green, Distinguished Professor of Law and Nathan L. Jacobs Scholar, Rutgers School of Law "As a topic in moral and political philosophy, punishment has been jolted back to life. In the last quarter century, retribution has returned with a vengeance, both in the theoretical literature and (with a very different emphasis) in public policy. The rise of the victim as a player in the criminal justice system has also fuelled a counter-trend, placing an emphasis on redress. Human rights, privatization, globalization, the rise of the therapist, the lobbyist, the terrorist: all have affected our ways of punishing and of thinking about punishment. A new survey of the terrain is overdue. And who better to conduct it than Thom Brooks, whose grasp of the literature and feel for the issues is second to none? From the noble ideals of ‘communicative’ theory to the grim realities of children in prison: in Punishment Brooks covers it all with insight, rigour, and energy." ―John Gardner, Professor of Jurisprudence, University of Oxford "Thom Brooks has produced a valuable introduction to, and critical survey of, current theoretical approaches to punishment together with an analysis of their implications for practice. In addition, he has provided a spirited defence of a new, unified theory inspired by the British Idealists and encompassing retributive, consequentialist, and restorative elements. Written in a lucid and engaging style, the book will interest a wide range of readers – students, theorists of punishment, as well as those engaged in criminal justice policy." ―Alan Brudner, Albert Abel Professor Emeritus, Faculty of Law, University of Toronto. (shrink)

How many questions could you answer in a pub quiz about British values? Designed to ensure new migrants have accepted British values and integrated, the UK's citizenship test is often portrayed as a bad pub quiz with answers few citizens know. With the launch of a new post-Brexit immigration system, this is a critical time to change the test. Thom Brooks draws on first-hand experience of taking the test, and interviews with key figures including past Home Secretaries, to expose (...) the test as ineffective and a barrier to citizenship. This accessible guide offers recommendations for transforming the citizenship test into a 'bridge to citizenship' which fosters greater inclusion and integration. (shrink)

Trust is essential for our democracy. We trust our political leaders and institutions to put the public interest before their personal or partisan advantage. We trust each other to work and live together. No system is perfect and there is rarely one right answer to the big challenges faced, but we expect leaders to be honest, competent and compassionate – and punish any breaches harshly in the polls or the ballot box. But not any longer. Now is a time of (...) political crisis that’s fuelled by a lack of trust in government and the mainstream. This carries significant and damaging consequences for the future of our democracy fragmenting and polarising our communities. While election results from Brexit to Trump shocked political pundits on both sides of the Atlantic, the roots of an alienated and divided public who increasingly do not trust public figures to put the public interest first have root causes that run deep. The absence of trust creates a political shift akin to a new kind of revolution putting at risk our democracy’s future health. Awareness and action have never been needed more urgently. For over two decades, Thom Brooks has been a leading voice in exposing this crisis in trust and challenging its foundations. This provocative collection of new and recent reflections brings together his work as a freelance columnist and essayist covering Brexit, British values, citizenship and immigration, Scotland’s independence referendum, tackling the Covid-19 pandemic, education policy and legal reform. These essays highlight his substantial contributions to some of the leading political issues of our day. How deep is our current crisis – and what can we do about it to rebuild trust in our politicians, public institutions and each other? Brooks provides clear insights into these issues and more with his ‘realistic optimism’ for the future and why we can be the solution to our political crisis. (shrink)

Hegel’s project of reconciliation is central to his Philosophy of Right. This article argues that scholars have understood this project in one of two ways, as a form of rational reconciliation or a kind of endorsement. Each is incomplete and their inability to capture the kind of reconciliation Hegel has in mind is made apparent when we consider the kind of problem that the rabble creates for modern society, which reconciliation is meant to address. The article concludes that more than (...) mutual recognition is required and we should recognise the crucial role played by stakeholding, whereby citizens share a principled conviction about oneself and others. (shrink)

René Thom scrute les propriétés qu'on peut assigner à tout lieu, et désigne la question de ses bords, celle des extrémités. Il s'interroge sur la théorie aristotélicienne des lieux que la transposition topologique éclaire. Des réflexions sur le lieu propre à un animal et des impressions de voyage de Marcel Proust étayent la construction.

The steep rise in small boat crossings across the English Channel is deeply worrying. Ever more lives are put at risk in making the 21-mile journey. Human trafficking gangs trade in human misery. The UK’s asylum system is put under additional strain and at ever higher cost to taxpayers. The public has lost trust in the Government to put this right. In order to address the problem, we must understand it and grasp its underlying causes. A key issue is that (...) the Government did not see the problem of small boat crossings as a consequence of its policy failures, most notably its failure to secure a post-Brexit returns arrangement with the EU. An effective plan to deal with small boat crossings is urgently needed to win back public confidence, to save lives, to improve our asylum system and help put illegal human traffickers out of business. This Report is an attempt to outline such a plan with over a dozen recommendations. (shrink)

Aristotle's modal syllogistic has been an object of study ever since the time of Theophrastus; but these studies have been somewhat desultory. Remarkably, in the 1990s several new lines of research have appeared, with series of original publications by Fred Johnson, Richard Patterson and Ulrich Nortmann. Johnson presented for the first time a formal semantics adequate to a de re reading of the apodeictic syllogistic; this was based on a simple intuition linking the modal syllogistic to Aristotelian metaphysics. Nortmann developed (...) an ingenious de dicto analysis. Patterson articulated the links between the modal syllogistic and the metaphysics, using an analysis which strictly speaking is neither de re nor de dicto. My own studies in this field date from 1976, when my colleague Peter Roeper and I jointly wrote a paper "Aristotle's apodeictic syllogisms" for the XXIInd History of Logic Conference in Krakow. This paper contained the disjunctive reading of particular affirmative apodeictic propositions, which I still favour. Nonetheless, I did not consider that paper's results decisive or comprehensive enough to publish, and my 1981 book The Syllogism contained no treatment of the modal syllogism. The paper's ideas lay dormant till 1989, when I read Johnson's and Patterson's initial articles. I began publishing on the topic in 1991. Gradually my thoughts acquired a certain comprehensiveness and systematicity, till in 1993 I was able to take a semester's sabbatical to write up a draft of this book. (shrink)

Restorative justice is highly promising as an effective approach to better supporting victims, reducing reoffending, and lowering costs. The challenge it faces is a dual hurdle of limited applicability and lack of public confidence. The issue is how we might better embed restorative justice in the criminal justice system so its promising effectiveness could be shared more widely while increasing public confidence. This chapter explores the new approach of punitive restoration, which gives more tools for restoration including a wider punitive (...) element. Its goal is to win support for greater use of restorative practices and a less punitive criminal justice system overall. (shrink)

Simple heuristics that make us smart presents a valuable and valid interpretation of how we make fast decisions particularly in situations of ignorance and uncertainty. What is missing is how this intersects with thinking under even greater uncertainty or ignorance, such as novice problem solving, and with the development of expert cognition.

Thom Brooks reviews two books by Theodor Adorno.

My goal in this paper is nothing less than to make philosophical sense of the term “transcendental” as it is used in twentieth-century philosophy. I want to do this by constructing a notion of philosophical reductionism which not only defines the term “transcendental” but also renders explicit the idealistic theses implicit in transcendental philosophies. While I intend an ideal construction of the notions “transcendental” and “idealism,” I think that the notions I develop apply to the philosophies of Husserl, Merleau-Ponty, and (...) Heidegger. The historical locus of the paper is Husserl’s transcendental phenomenology, but later sections of the paper will show that the primary concern is not simply to offer a reinterpretation of Husserl but to make intelligible the very notions of “transcendental subjectivity” and “idealism.” Readers who find that their philosophical questions are answered by claims that the world is constituted in transcendental intersubjectivity and that “There is no world without an Existence that sustains its structure” will not share the urgency this writer feels to attain a modicum of clarity. (shrink)

The first full-length study of Robert Kilwardby's commentary on Aristotle's Prior Analytics, based on a study of the medieval manuscripts.

Georg Wilhelm Friedrich Hegel (1770–1831) developed a philosophy based on freedom within a wider philosophical system offering novel views on topics ranging from property and punishment to morality and the state. Hegel’s main work was the Elements of the Philosophy of Right (“PR”) first published in 1821. Many of his other major works include discussions or analyses connected to his social and political philosophy. He also wrote various political essays during his career, many of which have been translated (Hegel 1999). (...) His work has been a major influence on significant figures from Karl Marx to Charles Taylor and beyond. This entry provides an overview about how Hegel’s ideas have been debated and the core contributions from his PR followed by further readings. (shrink)

This paper presents GlamMap, a visualization tool for large, multi-variate georeferenced humanities data sets. Our approach visualizes the data as glyphs on a zoomable geographic map, and performs clustering and data aggregation at each zoom level to avoid clutter and to prevent overlap of symbols. GlamMap was developed for the Galleries, Libraries, Archives, and Museums (GLAM) domain in cooperation with researchers in philosophy. We demonstrate the usefulness of our approach by a case study on history of logic, which involves navigation (...) and exploration of 7100 bibliographic records, and scalability on a data set of sixty million book records. (shrink)

Severe poverty is a major global problem about risk and inequality. What, if any, is the relationship between equality, fairness and responsibility in an unequal world? I argue for four conclusions. The first is the moral urgency of severe poverty. We have too many global neighbours that exist in a state of emergency and whose suffering is intolerable. The second is that severe poverty is a problem concerning global injustice that is relevant, but not restricted, to questions about responsibility. If (...) none were responsible, this does not eliminate all compelling claims to provide assistance. The third is that severe poverty represents an inequality too far; it is a condition of extremity with denial of basic needs. The fourth is that there is a need for an approach that captures all relevant cases – and the capabilities approach and the connection theory of remedial responsibilities are highlighted as having special promise. (shrink)

This volume is the first work of its kind to publish in one place the most influential published essays in the field on the widely influential alternative theory of justice known as the capabilities approach. The collection covers a wide range of topics and informs scholars and students coming to the study of the capabilities approach for the first time of both the importance and complexity of the wider debate, and sheds light on how the approach might be further improved (...) and applied. (shrink)

A formal analysis is offered of Pseudo-Scotus's theory of the conversion of (i) propositions containing singular terms (including propositions with a singular term as predicate): and (ii) propositions with a quantified predicate. An attempt is made to steer a middle course between using the Aristotelian logic as a framework for the analysis, and using a Fregean framework.

This article argues political liberalism can and should be revised to improve its relevance to the private law. This approach is not a rejection of political liberalism, but instead a restatement consistent with the fundamental tenets of Rawls's theory of justice. The first part begins with a brief summary of Rawls's political liberalism. The second part discusses the strategies used to demonstrate the relevance of Rawls's theory to the private law. The third part examines how Rawls's theory can and should (...) be revised by incorporating capabilities. I argue this revision can be undertaken in a way that best develops the relevance of political liberalism. (shrink)

This compelling new book engages leading theorists to consider how cultivating emotions can impact on social justice. Although the presence of political emotions can appear counterproductive to stability and peace, there is an increasing recognition that emotions can be harnessed to empower community cohesion and social justice. Covering such key issues as adaptive preferences, capabilities, civil religion, compassion, conscience, dignity, feminism, imagination, multicultural citizenship, perfectionism, political liberalism, public sentiments, sympathy, Political Emotions challenges readers to explore the role emotions can and (...) should play in our modern society – and at a time when new ideas about how to foster a decent public sphere and overcome intolerance are urgently needed. Drawing particularly on the work of Martha C. Nussbaum, and including a chapter giving her personal response to the issues raised in the individual essays, this is a fascinating read for all of those interested in social and political philosophy today. (shrink)

Paul Thom argues that opera is a set of practices framed by the concepts of work, interpretation, performance, and art. His argument is that operatic works have the potential to be art, but so do operatic productions, independently of their value as interpretations of the works they stage.

Paul Thom's book presents Kilwardby's science of logic as a body of demonstrative knowledge about inferences and their validity, about the semantics of non-modal and modal propositions, and about the logic of genus and species. This science is thoroughly intensional. It grounds the logic of inference on "that in virtue of which" the inference holds. It bases the truth conditions of propositions on relations between conceptual entities. It explains the logic of genus and species through the notion of essence. (...) Thom interprets this science as a formal logic of intensions with its own proof theory and semantics. This comprehensive reconstruction of Kilwardby's logic shows the medieval master to be one of the most interesting logicians of the thirteenth century. (shrink)

This book fills the void, making a substantial contribution not only to work on Rawls's thought but to contemporary debates in ethics and justice as well.