During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from (...) both the Anglo-American and European traditions. Not only does it help make some of the best work avail able to an international audience, but it also encourages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, although some edited volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of internationally renowed scholars. Legal philosophy should not be considered a narrowly circumscribed field. (shrink)

One can think of the traditional logic of blame as involving three intuitively plausible claims: (1) blame is justified only if one is deserving of blame, (2) one is deserving of blame only if one is relevantly in control of the relevant causal antecedents, and (3) one is relevantly in control only if one has libertarian freedom. While traditional compatibilism has focused on rejecting either or both of the latter two claims, an increasingly common strategy is to deny the link (...) between blame and desert expressed in (1). While I think there is something right about many of these accounts of blame, I deny that the logic of blame can be divorced from the logic of desert. On my view, blame does have a conceptual connection to desert, but its justification is practical rather than theoretical, as the libertarian condition is a matter of adopting a stance towards a person rather than having a belief about her and the “true” causes of her action. I argue that blame fundamentally requires interacting with a person from the participant perspective and that the participant perspective, understood in terms of second-personal address, involves an ontological commitment to freedom. (shrink)

Le but de cet article est de presenter la signification du désert dans la pensée spirituelle de Pierre Damien. Dans une première partie on a présenté une courte biografie de Pierre Damien qui a permis de mieux comprendre ses choix dans la vie spirituelle. Dans la deuxième partie on a montré sa conception de la vie spirituelle qu’etait inspirée de la vie de son maïtre spirituel - saint Romuald. Pierre Damien a distingué deux voies dans la vie monastique : la (...) vie communautaire et la vie solitaire, érémitique. D’après lui la vie communautaire est une sorte de préparatoire pour la vie solitaire. Dans une troisième partie on a présenté la valeur et l’importance de la vie érémitique et la différence entre la vie communautaire et la vie solitaire. Pierre Damien a souligné que le désert et la cellule est l’endroit idéal pour le moine qui veut atteindre la perfection dans la vie spirituelle. La vie au désert est la voie la plus sûre pour atteindre le salut car elle nous sépare du monde et elle donne des conditions plus favorables à la prière, à la contemplation et aux pratiques ascétiques en union avec Dieu. Le désert est l’endroit où on s’exerce dans les vertus par le jeûne, le silence, et la prière, mais aussi un endroit de combat avec nos vices et avec Satan. Le désert est un passage indispensable pour ceux qui veulent atteindre le sommet dans la vie mystique. (shrink)

The desert is an experience before it is a figure or a concept. The experience of the desert is prior to any figure or concept, and in itself it is without figure or concept. Yet its emptiness is not therefore abstract but, to the contrary, vital. The emptiness of the desert, like the emptiness of God, coincides with an immeasurable plenitude. The words and actions that we live from presuppose the desert in which they are at (...) once indispensable and unsatisfying. (shrink)

The decline of the rehabilitative ethos in sentencing theory in the post_1960's is a story that has been told often , and need not be rehearsed here. Penal treatment programs, once tested for their effectiveness, showed scant success _ or at most, succeeded only in limited categories of cases. Doubts grew also about the fairness of making the severity of a person's sentence depend upon his responsiveness to treatment. As penal rehabilitation diminished in influence, the key question for penologists and (...) reformers became: what conception of sentencing should follow it? My article, as well as Michael Tonry's and John Donahue's in the present volume, is devoted to this question, of the choice of sentencing rationale.I will focus, particularly, on a sentencing theory that became influential in the late 1970's and 1980's in this country and western Europe , and continues to have considerable influence today : namely, the proportionalist or 'desert' model for sentencing. I shall address briefly what this theory's main tenets are and how it differs from traditional retributivism; what has made it attractive to liberal criminologists and penal reformers during the last three decades; and whether and to what degree it has continued value and usefulness for the future. (shrink)

A traditional assumption in retributivist thinking is the view that an offender's desert is determined exclusively on the basis of the gravity of the crime committed. However, this assumption has r...

This paper analyses the importance of the forest in understanding the Old French Partonopeus de Blois. The forest embodies the dual nature of the romance, mixing religious and supernatural elements. It provides a structural framework for the action, as both parts of the romance start with a journey into the forest: it is the passage to the Otherworld, the frontier between reality and the unknown. Placed at the limit of the civilised world, the forest is the space of perigrinations and (...) of reconciliation, both with other characters and with God. In Partonopeus the forest also leads to the sea, the next step in the journey to the Otherworld, and the passage from one realm of reality to the other is achieved with the help of an animal. The author also reflects on the otherworldly roles of Melior and Uraque, in the traditions of the fairy lover and the healing fairy. (shrink)

The decline of the rehabilitative ethos in sentencing theory in the post_1960's is a story that has been told often, and need not be rehearsed here. Penal treatment programs, once tested for their effectiveness, showed scant success _ or at most, succeeded only in limited categories of cases. Doubts grew also about the fairness of making the severity of a person's sentence depend upon his responsiveness to treatment. As penal rehabilitation diminished in influence, the key question for penologists and reformers (...) became: what conception of sentencing should follow it? My article, as well as Michael Tonry's and John Donahue's in the present volume, is devoted to this question, of the choice of sentencing rationale.I will focus, particularly, on a sentencing theory that became influential in the late 1970's and 1980's in this country and western Europe, and continues to have considerable influence today : namely, the proportionalist or 'desert' model for sentencing. I shall address briefly what this theory's main tenets are and how it differs from traditional retributivism; what has made it attractive to liberal criminologists and penal reformers during the last three decades; and whether and to what degree it has continued value and usefulness for the future. (shrink)

Fred Feldman is an important philosopher, who has made a substantial contribution to utilitarian moral philosophy. This collection of ten previously published essays plus a new introductory essay reveal the striking originality and unity of his views. Feldman's version of utilitarianism differs from traditional forms in that it evaluates behaviour by appeal to the values of accessible worlds. These worlds are in turn evaluated in terms of the amounts of pleasure they contain, but the conception of pleasure involved is a (...) novel one and the formulation of hedonism improved. In Feldman's view pleasure is not a feeling but a propositional attitude. He also deals with problems of justice that affect standard forms of utilitarianism. The collection is ideally suited for courses on contemporary utilitarian theory. (shrink)

In this paper I examine John Rawls’s understanding of desert. Against Samuel Scheffler, I maintain that the reasons underlying Rawls’s rejection of the traditional view of distributive desert in A Theory of Justice also commit him to rejecting the traditional view of retributive desert. Unlike Rawls’s critics, however, I view this commitment in a positive light. I also argue that Rawls’s later work commits him to rejecting retributivism as a public justification for punishment.

In this article I discuss David Shoemaker’s recently published piece “Responsibility: The State of the Question. Fault Lines in the Foundations.” While agreeing with Shoemaker on many points, I argue for a more unified diagnosis of the seemingly intractable debates that plague (what I call) “responsibility studies.” I claim that, of the five fault lines Shoemaker identifies, the most basic one is about the role that the notion of deserved harm should play in the theory of moral responsibility. I argue (...) that the deep divide between those theorists who affirm and those who deny that moral responsibility is essentially about the justification of desert thus understood can be traced to the disagreement about whether the focus on the reactive attitudes by itself entails that moral responsibility has nothing to do with traditional questions about desert and free will. I then show that the seeming intractableness of the other four fault lines Shoemaker identifies is expectable and explicable in light of this more basic disagreement. After this diagnostic work, I conclude by suggesting a solution to the “morass” that has taken over responsibility studies: theorists working in the field should acknowledge that it has effectively bifurcated into two discrete subareas, which I suggest calling “retribution studies” and “interpersonal studies.” -/- . (shrink)

Le but de cet article est de presenter la signification du désert dans la pensée spirituelle de Pierre Damien. Dans une première partie on a présenté une courte biografie de Pierre Damien qui a permis de mieux comprendre ses choix dans la vie spirituelle. Dans la deuxième partie on a montré sa conception de la vie spirituelle qu’etait inspirée de la vie de son maïtre spirituel - saint Romuald. Pierre Damien a distingué deux voies dans la vie monastique : la (...) vie communautaire et la vie solitaire, érémitique. D’après lui la vie communautaire est une sorte de préparatoire pour la vie solitaire. Dans une troisième partie on a présenté la valeur et l’importance de la vie érémitique et la différence entre la vie communautaire et la vie solitaire. Pierre Damien a souligné que le désert et la cellule est l’endroit idéal pour le moine qui veut atteindre la perfection dans la vie spirituelle. La vie au désert est la voie la plus sûre pour atteindre le salut car elle nous sépare du monde et elle donne des conditions plus favorables à la prière, à la contemplation et aux pratiques ascétiques en union avec Dieu. Le désert est l’endroit où on s’exerce dans les vertus par le jeûne, le silence, et la prière, mais aussi un endroit de combat avec nos vices et avec Satan. Le désert est un passage indispensable pour ceux qui veulent atteindre le sommet dans la vie mystique. (shrink)

In the first section I briefly consider some stituations in which standard desert-claims would be disputed, with the aim of revealing why and by whom they are asserted or denied. Having attained some understanding of the point of different desert-statements, I propose an accound of their content that entails the thesis that statements of positive desert (deserving something desirable) sharply differ in meaning from statements of negative desert (deserving something undesirable), even when expressed in the same (...) form. In the second section I use this ambiguity thesis to argue against an appealing way of defending Hegel's claim that a wrongdoer has a right to be punished and against Kant's defense of the view that there is a duty to punish those who deserve it. I also show how an understanding of negative desert that recognizes the ambiguity thesis enables us to defend the ordinary view of mercy against Kantian criticisms and to reject the popular misconception that mercy is necessarily at odds with justice. In the third section I use the ambiguity thesis to rebut the common claim (found in Mill and Aristotle, among others) that it is unjust for a person to have or be given mone benefits than she deserves. I conclude by showing how an understanding of positive desert that recognizes the ambiguity thesis leads to a rejection both of certain complaints against traditional systems of private property and also of certain moralistic scruples that might give pause to those who acknowledge the moral duty to assist the needy. (shrink)

In this paper we critically examine mobile markets as an emerging approach to serving communities with limited healthy food options. Mobile markets are essentially farm stands on wheels, bringing fresh fruits, vegetables and other food staples into neighborhoods, especially those lacking traditional, full service grocery stores, or where a significant proportion of the population lacks transportation to grocery stores. We first trace the emergence of contemporary mobile markets, including a brief summary about how and where they operate, what they aim (...) to achieve, who they serve, and the general constraints on their operations. We then report case study findings that examine the operational benefits and challenges of two mobile markets operating in Syracuse, New York. Our research suggests that although Syracuse’s mobile markets play a positive role in alleviating geographic, economic and social barriers to fresh food access experienced by elderly, immobile and low income residents living in Syracuse’s urban neighborhoods, the impacts of the mobile markets are dampened by both operational constraints and larger political and economic forces. (shrink)

Roderick Nash’s conc1usion in Wilderness and the American Mind that St. Francis “stood alone in a posture of humility and respect before the natural world” is not supported by thorough analysis of monastic literature. Rather St. Francis stands at the end of a thousand-year monastic tradition. Investigation of the “histories” and sayings of the desert fathers produces frequent references to the environment, particularly to wildlife. In stories about lions, wolves, antelopes, and other animals, the monks sometimes exercise spiritual (...) powers over the animals, but frequently the relationship is reciprocal: the monks provide for the animals and the animals provide for the monks. This literature personifies wild animals and portrays them as possessing Christian virtues. The desert monk is portrayed as the “new Adam” living at peace with creation. Some of the literature is anti-urban, with the city treated as a place of sin, the desert a place of purification. The wildemess functions much as a monk’s cell, providing freedom from worldly concems and a solitary place for prayer and contemplation. The monks’ relationship to the desert is evidence of their spiritual progress. (shrink)

This volume inaugurates the publication of the biblical Dead Sea Scrolls from the main collection discovered in Cave 4 at Qumran. It contains ten biblical manuscripts from Genesis to Deuteronomy and Job. Six are written in the ancient Palaeo-Hebrew script and four are in Greek. There are also five hitherto unknown compositions. The Hebrew texts antedate by a millennium what had previously been the earliest surviving biblical codices in the original language, and they document the pluriform nature of the ancient (...) biblical textual tradition before the text became standardized. The most extensive and significant manuscript, 4QpaleoExodm, exhibits the expanded textual tradition that formed the basis for the Samaritan Pentateuch and illumines the historical and theological relationship between the Jews and the Samaritans. Fragments of an unidentified Greek text mention Moses, Pharaoh, and Egypt, suggesting some development of the Exodus theme, and further witnessing to the rich religious literature to which Rabbinic Judaism and nascent Christianity were heirs. An index of all the biblical manuscripts from Qumran Cave 4 and their distribution in other Discoveries in the Judaean Desert volumes is provided, and there are also forty pages of plates from the manuscripts. (shrink)

In this essay, the concept of apocalypse, understood as the "end of the world," will be examined within the context of ancient Buddhism and Christianity. The study will focus on the genealogy and use of expressions such as lokanta, lokassa anta ṃ, and lokassa atthaṅgama, as found in the Pāli canon of Buddhism, going on to compare them with Jewish, as well as early Christian, apocalyptic literature, including the Dead Sea Scrolls, the Epistles of James and Jude, and the Gospels. (...) The goal of this article is to identify points of convergence in the history of these two concepts of apocalypse, foregrounding the central role within both traditions of analogous socio-cultural circumstances that were actually more influential than their respective doctrinal visions. The essay will argue how the ascetic character of early Buddhism and Christianity, reflecting their opposition to the surrounding social order, contributed to the emergence of similar apocalyptic visions. (shrink)

This volume inaugurates the publication of the series of biblical Dead Sea Scrolls written in the Jewish script that were discovered in Cave 4 at Qumran. It contains twenty-six manuscripts of the books of Genesis, Exodus, Leviticus, and Numbers. These Hebrew texts antedate by a millenium what had previously been considered the earliest surviving biblical manuscripts in the original language. They document a pluriformity acceptable in the ancient biblical textual tradition that formed the basis for the Samaritan Pentateuch and (...) helps to illumine the historical and theological relationship between the Jews and the Samaritans. Superior textual variants from these manuscripts have been adopted in recent revised translations of the Bible. (shrink)

Whether modern Protestant thinkers claim a direct inheritance to specific Reformers or not, they stand within a tradition that reveres grace as the preeminent moral standard, often at the expense of considerations of merit or desert. John Milbank and Kathryn Tanner exemplify such stances in their theological visions of economic exchange. I critique their positions by retrieving from John Calvin a more nuanced understanding of his outlook on deservingness, especially as it pertains to economic justice, and then suggest (...) a concept of desert that works concomitantly with grace to overcome the frequent rejection or neglect of the standard in Protestant ethics. (shrink)

St. John of the Cross’ work, The Dark Night of the Soul, and Joseph Symonds’ work, The Case and Cure of a Deserted Soul, offer two compelling treatments on the subject of spiritual dryness. Moreover, these works represent two spiritual traditions which offer distinct but viable perspectives on the Christian life. This paper seeks to answer the following question: What is the degree of similarity between St. John of the Cross’ understanding of the dark night of the soul and Joseph (...) Symonds’ understanding of spiritual desertion? A secondary question is also addressed: What is the value of these resources for pastoral care today? Although notable differences exist between the two, their degree of similarity is significant considering the disconnection between the spiritual traditions that each represent. Moreover, these works are invaluable resources for contemporary pastoral care. (shrink)

Why have Korean Protestants been enthusiastic for Henri Nouwen, Thomas Merton, and Orthodox books in recent years? This article proposes that apophatic spirituality and desert asceticism, influential in both Catholic and Eastern Orthodox traditions, can help assuage the thirst of Korean Protestants exhausted by the excesses of positivity and the exploitation of self. I focus on the insatiable consuming passions of Korean Protestant religious consumerism as symptoms of the burnout society. I then explore the major contribution of apophatic spirituality (...) and desert asceticism, which have much to teach contemporary Korean Protestantism. (shrink)

Some 1600 years separate our world from the world of the Desert Fathers and Mothers, a world that might seem strange to us. There is much in it that does in fact seem disturbing and bizarre, especially the strict asceticism that drove these unusual saints into the wilderness. Their worldview becomes more accessible and relevant, however, if we grasp the underlying psychology of the movement, especially as it was explored and explained by one of the great theologians of the (...) movement, Evagrius Ponticus. His description of the human soul and the eight deadly “thoughts” manifest a psychology that shows why the Desert Fathers and Mothers withdrew into the desert to fight the devil, seek for God, and practice the ascetic disciplines with such ferocity. The “Sayings” of the tradition show how it is possible to overcome these deadly thoughts. It is obvious that grace is needed, an appropriate setting, and spiritual discipline, which includes asceticism, to be sure, but also a calm attentiveness to God and genuine love. (shrink)

This essay explores Jean‐Luc Nancy's rethinking of political space in terms of an ontological ‘being‐with’. It elucidates how Nancy's thinking of community emerges out of the French philosopher's reworking of Heidegger's crucial notion of Mitsein. For Nancy, although Heidegger argues that Dasein is always already also Mitsein, Mitsein is nonetheless also occluded by the priority accorded to Dasein. The consequences for the way in which community or the space of the political is configured are profound since traditional conceptions of the (...) subject of community thus remain unreconstructed. Nancy however does reconstruct community by emphasising that the primal ontological conditions of community are not conceived as the One, the Other or the We, but as the ‘with’, ‘relationality’, and the ‘between’. The question of being thereby becomes the question of being‐with. (shrink)

The second volume of A Handbook of Traditional Living continues the project of the first: to resurrect perennial values for a Traditionalist lifestyle in an anti-Traditional world, and to provide concrete and desperately needed advice for those who wish to break free of the spell of a deadening and desert-like modernity. Deeply inspired by Julius Evola, René Guénon, and the Traditionalism of which they were foremost exponents, A Handbook of Traditional Living: Style and Ascesis confronts the fundamental questions of (...) family, friendship, work, genders and marriage, religion and spirituality, and what it means to be a militant of the Tradition in today's increasingly confused and fragmented society. The result is a treasure trove of wisdom, concisely providing the practical and theoretical bedrock for the Traditionalist worldview and ethic in one's day-to-day life, thereby giving new breath to a lifestyle, vision and philosophy that has too long been lacking from our world. (shrink)

Retributive theories of punishment hold that moral desert is a necessary and sufficient condition for punishment. This principle has been justified in light of rectifying a 'balance of justice' upset by wrongdoing. Many opposed to retributivism, such as Nussbaum, have argued such a ‘balance’ is nothing more than ‘magical’ thinking and retributivism is, in fact, positively harmful. On the contrary, I will argue that there is a compelling way to make sense of that intuition. The Chinese Neo-Confucian tradition (...) and medieval Latin theologian Thomas Aquinas hold that moral wrongs upset a normative order of relationships and, in this respect, disrupt the order that ought to exist in the human community. Despite criticisms that retributivism about punishment requires outlandish metaphysical assumptions, I therefore propose the theory remains plausible without any such appeal. (shrink)

When it comes to how to hold people responsible for wrongdoing, much of the African philosophical tradition focuses on reconciliation as a final aim. This essay expounds an interpretation of reconciliation meant to have broad appeal, and then draws out its implications for responsibility in respect to three matters. First, when it comes to criminal justice, prizing reconciliation entails that offenders should be held responsible to “clean up their own mess,” i.e., to reform their characters and compensate victims in (...) ways they find burdensome, an approach to punishment that differs from deterrence and desert theories. Second, regarding civil justice, reconciliation means that holding responsible to compensate wrongful harm means improving victims’ quality of life in ways they accept, which contrasts with a common prescription to put victims in the condition they would have been in had the wrong not occurred. Third, reconciliation can involve putting on trial more than just the direct offender, for instance family members who had been able to influence his behavior and were allied with him. The chapter provides reason to take the reconciliatory approaches seriously that will be found prima facie attractive by those from a variety of backgrounds. (shrink)

Le temps est venu de tourner le regard vers la ville de Sarajevo, l’œil cette fois apaisé : exit les discours idéologiques, les surenchères journalistiques dans la qualification de l’horreur et la pollution intellectuelle des années 1990. Et que voit-on ?Sarajevo n’est ni cette ville d’Europe, martyre des Temps modernes, martyre d’un..

The notion of de re truth (Conte, 2016) is put to work in this paper (§ 1). It introduces us to a confrontation between a metaphysics of desertic landscapes, as presented in a stunning poem by Achille Varzi and Claudio Calosi, The Tribulations of Philosophye (§ 2), and an ontology of the lifeworld, as a long-term project based on the key concept of bonds (De Monticelli, 2018). The rich and structured objects of the everyday world are infinite sources of information (...) and cognitive adventure (§§ 3, 3.1., 3.2). Or so I will claim against Varzi’s skepticism about ordinary language, common sense, and ontological realism (§ 4). Far from encouraging our minds to stick to concrete individual things, Ockham’s Razor has been the murder weapon in the dismission of concreteness and the sensible world from the intellectual horizon of Modernity (§§ 5, 6). The “Unitarian Tradition” is a half-playful denomination of a quite real, albeit ignored, alternative theory of individuality (and hence concreteness), brilliantly represented by Boethius, Duns Scotus, and Leibniz. Classic phenomenology quite independently revived it and brought it up to modern analytic standards of rigor and formality (§ 7). (shrink)

The volume gathers eleven studies on the intellectual exchanges during the Middle Ages among the three cultures which existed side by side in the same geographical area, i.e. the vast space from the British Isles to the Sahara Desert, and from the Douro Valley to the Hindu Kush. These three cultures – who may not be reduced to their confession or ethnicity – are historically related to each other in many respects, both material (trade, wars, marriages) and immaterial (the (...) interdependence among their religious narratives and their philosophical speculations). The studies herein presented focus on some peculiar examples of the transcultural interactions among exponents of the Arabic, Hebrew and Latin philosophical and theological traditions. While we do not want to downplay the fundamental role of the religious contexts, our focus on the linguistic denominations of these cultures aims at drawing attention to the conceptual medium, or rather media, which underlined and shaped the interactions and interplays among these traditions – interplays that were characterized by the contact of these three languages being used by people of different religious beliefs in their quest for knowledge: Spanish Jews writing in Arabic, Jews collaborating in the translation of Arabic texts into Latin through the vernacular, Western Muslims whose writings were read mainly by Jews and Christians in Hebrew and Latin. (shrink)

In the New Testament the concept of self-control or voluntary restraint of one’s desires is highlighted as a “fruit of the Spirit,” a trait of the spiritually mature, and a hallmark of Christian leadership. But as a Christian virtue, self-control is a product of spiritual discipline, a trait for which the Christian must engage in “strict training.” This biblical theme has inspired a long history of Christian moral-spiritual practices aimed at cultivating self-mastery or strength of will. Here I discuss several (...) of these as found in the writings of the Desert Fathers, Augustine of Hippo, Julian of Norwich, Thomas Aquinas, John Calvin, Thomas à Kempis, and John Wesley. Despite their theological diversity, these Christian thinkers are united in the belief that self-control can and ought to be intentionally nurtured via the systematic practice of self-denial. (shrink)