Acts of violence and murder have historically proved difficult to accommodate in standard accounts of the formula of universal law (FUL) version of Kant’s Categorical Imperative (CI). In “Murder and Mayhem,” Barbara Herman offers a distinctive account of the status of these acts that is intended to be appropriately didactic in comparison to accounts like the practical contradiction model. I argue that while Herman’s account is a promising one, the distinction she makes between coercive and non-coercive violence and (...) her response to concerns with the classification of the latter as imperfect duties raise significant questions about the status of some duties. I suggest that we look, instead, to Kant’s treatment of suicide in The Metaphysics of Morals for an account of norms of non-violence and, in particular, to the connection between this duty and concerns with inner freedom and moral health. I argue that we can use this account to inform our general understanding of duties prohibiting killing and violence, and that the resulting account is a promising one. (shrink)

Crime stories attract audiences and social buzz, but they also serve as prisms for perceived threats. As immigration, technological change, and globalization reshape our world, anxiety spreads. Because journalism plays a role in how the public adjusts to moral and material upheaval, this unease raises the ethical stakes. Reporters can spread panic or encourage reconciliation by how they tell these stories. Murder in our Midst uses crime coverage in select North American and Western European countries as a key to (...) examine culturally constructed concepts like privacy, public, public right to know, and justice. Working from close readings of news coverage, codes of ethics and style guides, and personal interviews with almost 200 news professionals, this book offers fertile material for a provocative conversation. We use our findings to divide the ten countries studied into three media models; we explore what the differing coverage decisions suggest about underlying attitudes to criminals and crime, and how justice in a democracy is best served. Today, journalists' work can be disseminated around the world without any consideration of whether what's being told (or how) might dissolve cultural differences or undermine each community's right to set its own standards to best reflect its citizens' values. At present, unique reporting practices persist among our three models, but the internet and social media threaten to dissolve distinctions and the cultural values they reflect. We need a journalism that both opens local conversations and bridges differences among nations. This book is a first step in that direction. (shrink)

From the author of Wittgenstein's Poker and Would You Kill the Fat Man?, the story of an extraordinary group of philosophers during a dark chapter in Europe's history On June 22, 1936, the philosopher Moritz Schlick was on his way to deliver a lecture at the University of Vienna when Johann Nelböck, a deranged former student of Schlick's, shot him dead on the university steps. Some Austrian newspapers defended the madman, while Nelböck himself argued in court that his onetime teacher (...) had promoted a treacherous Jewish philosophy. David Edmonds traces the rise and fall of the Vienna Circle—an influential group of brilliant thinkers led by Schlick—and of a philosophical movement that sought to do away with metaphysics and pseudoscience in a city darkened by fascism, anti-Semitism, and unreason. The Vienna Circle's members included Otto Neurath, Rudolf Carnap, and the eccentric logician Kurt Gödel. On its fringes were two other philosophical titans of the twentieth century, Ludwig Wittgenstein and Karl Popper. The Circle championed the philosophy of logical empiricism, which held that only two types of propositions have cognitive meaning, those that can be verified through experience and those that are analytically true. For a time, it was the most fashionable movement in philosophy. Yet by the outbreak of World War II, Schlick's group had disbanded and almost all its members had fled. Edmonds reveals why the Austro-fascists and the Nazis saw their philosophy as such a threat. The Murder of Professor Schlick paints an unforgettable portrait of the Vienna Circle and its members while weaving an enthralling narrative set against the backdrop of economic catastrophe and rising extremism in Hitler's Europe. (shrink)

Marquis’s account of the ethics of abortion is unsatisfactory but not as Christensen implies baseless. It requires to be amended rather than abandoned. It is true, as Marquis asserts that murder and abortion both might deprive people of something of value to them, in particular, the life of a sort that might have been to them worth living. However, it is mistaken to conclude, as Marquis does, that murder and abortion are thereby morally equivalent. Not all deprivation is (...) wrongful. Not all that is wrongful is wrongful because it deprives someone of something. Contrary to what Christensen asserts, and Marquis seems to accept, it is not solely those discernible people who currently exist who might be deprived by our current actions. It is not only towards and concerning such living discernible people that we can have moral duties. It is not only such living discernible people who can be the beneficiaries of our generosity. Hence, contraception and the emission of greenhouse gases are, like abortion, issues that raise significant moral questions; however, they might each be properly answered. Nonetheless, it does not follow that is morally equivalent to each other far less than they are all morally equivalent to murder. If and when they are morally wrong, they can be different wrongs. (shrink)

Embarrassed by the apparent rigorism Kant expresses so bluntly in 'On a Supposed Right to Lie,' numerous contemporary Kantians have attempted to show that Kant's ethics can justify lying in specific circumstances, in particular, when lying to a murderer is necessary in order to prevent her from killing another innocent person. My aim is to improve upon these efforts and show that lying to prevent the death of another innocent person could be required in Kantian terms. I argue (1) that (...) our perfect Kantian duty of self-preservation can require our lying to save our own lives when threatened with unjust aggression, and (2) that Kant's understanding of moral duty was that duties are symmetrical , such that if one has a duty to perform a given action on one's own behalf or to protect one's own rational nature, then one also has a duty to perform similar acts on other's behalf or to protect their rational nature. Thus, that the individual protected against aggression by means of deception is not oneself should be of no consequence from a Kantian perspective. Lying to the murderer is thus an extension of the Kantian requirement of self-defense. (shrink)

Using a U.S. and a Canadian example, in this article we argue that news reports of murder, especially of the heavily covered signal crimes that become part of community storytelling, often employ predetermined formulas that probe intrusively into the lives of those involved in the murder but ultimately come away with only cheaply sketched, stick-figure portraits. The thesis is that crime coverage that is formulaic tends to produce cynicism and a distance between the reader and those involved in (...) the crime. However, a deeper and more caring probe into the causes and consequences of crime could lead the community to wider conversations about responsibility, social justice, and reconciliation. What is required to expand the reporting of murder stories is more of the ethic of care that can serve to both deepen the public's understanding of the individual crime and widen the community's dialogue about its significance. (shrink)

Originally titled “Is It Murder in Tennessee to Kill a Chimpanzee,” this article argues in some detail that typical legal definitions of “murder” as involving the intentional killing of “a reasonable being” would require classifying the intentional killing of chimpanzees as murder.

Many philosophers, psychologists, and medical practitioners believe that killing is no worse than letting die on the basis of James Rachels's Bare-Difference Argument. I show that his argument is unsound. In particular, a premise of the argument is that his examples are as similar as is consistent with one being a case of killing and the other being a case of letting die. However, the subject who lets die has both the ability to kill and the ability to let die (...) while the subject who kills lacks the ability to let die. Modifying the latter example so that the killer has both abilities yields a pair of cases with morally different acts. The hypothesis that killing is worse than letting die is the best explanation of this difference. (shrink)

It is widely agreed that sentences containing a non-denoting description embedded in the scope of a propositional attitude verb have true de dicto interpretations, and Russell's (1905) analysis of definite descriptions is often praised for its simple analysis of such cases, cf. e.g. Neale (1990). However, several people, incl. Elbourne (2005, 2009), Heim (1991), and Kripke (2005), have contested this by arguing that Russell's analysis yields incorrect predictions in non-doxastic attitude contexts. Heim and Elbourne have subsequently argued that once certain (...) facts about presupposition projection are fully appreciated, the Frege/Strawson analysis of definite descriptions has an explanatory advantage. In this paper, I argue that both Russell's analysis and the Frege/Strawson analysis face a serious problem when it comes to the interaction of attitude verbs and definite descriptions. I argue that the problem observed by Elbourne, Heim, and Kripke is much more general than standardly assumed and that a solution requires a revision of the semantics of definite and indefinite descriptions. I outline the conditions that are required to solve the problem and present an analysis couched in dynamic semantics which can provide a solution. I conclude by discussing some further issues related to propositional attitude verbs that complicate a fully general solution to the problem. (shrink)

Embarrassed by the apparent rigorism Kant expresses so bluntly in ‘On a Supposed Right to Lie,’ numerous contemporary Kantians have attempted to show that Kant’s ethics can justify lying in specific circumstances, in particular, when lying to a murderer is necessary in order to prevent her from killing another innocent person. My aim is to improve upon these efforts and show that lying to prevent the death of another innocent person could be required in Kantian terms. I argue (1) that (...) our perfect Kantian duty of self‐preservation can require our lying to save our own lives when threatened with unjust aggression, and (2) that Kant’s understanding of moral duty was that duties are symmetrical, such that if one has a duty to perform a given action on one’s own behalf or to protect one’s own rational nature, then one also has a duty to perform similar acts on other’s behalf or to protect their rational nature. Thus, that the individual protected against aggression by means of deception is not oneself should be of no consequence from a Kantian perspective. Lying to the murderer is thus an extension of the Kantian requirement of self‐defense. (shrink)

The paper focuses on violence, claiming that it is not action, but silence and inaction that become?murderous?, given that we are forced into a permanent and impossible process of choosing between responsibility for the other and the possibility of responding to a call for help. Still, this position is not final and the author offers certain alternative strategies, such as rebellion, goodness, critique and shame.

Diverse lines of evidence point to a basic human aversion to physically harming others. First, we demonstrate that unwillingness to endorse harm in a moral dilemma is predicted by individual differences in aversive reactivity, as indexed by peripheral vasoconstriction. Next, we tested the specific factors that elicit the aversive response to harm. Participants performed actions such as discharging a fake gun into the face of the experimenter, fully informed that the actions were pretend and harmless. These simulated harmful actions increased (...) peripheral vasoconstriction significantly more than did witnessing pretend harmful actions or to performing metabolically-matched non-harmful actions. This suggests that the aversion to harmful actions extends beyond empathic concern for victim harm. Together, these studies demonstrate a link between the body and moral decision making processes. (shrink)

In this book chapter I argue that contrary to what is said by Paul Guyer in Kant (Routledge, 2006) Kant's moral philosophy prohibits the bystander from throwing the switch to divert the runaway trolley to a side track with an innocent person on it in order to save more people who are in the path of the trolley in the "Trolley Problem" case made famous by Judith Jarvis Thomson (1976; 1985). Furthermore, Thomson herself (2008) came to agree that it would (...) be wrong to throw the switch, just as it is wrong to push the person off the bridge to stop the trolley (1976; 1985). In changing her mind about this case, Thomson came to agree with Kant as well as with Philippa Foot (1967) who argued in her original paper that a negative duty not to harm one healthy patient outweighed a positive duty to give aid to five other patients by transplanting the healthy person's organs. (shrink)

Murdering Animals confronts the speciesism underlying the disparate social censures of homicide and “theriocide”, and as such, is a plea to take animal rights seriously. Its substantive topics include the criminal prosecution and execution of justiciable animals in early modern Europe; images of hunters put on trial by their prey in the upside-down world of the Dutch Golden Age; the artist William Hogarth’s patriotic depictions of animals in 18th Century London; and the playwright J.M. Synge’s representation of parricide in fin (...) de siècle Ireland. Combining insights from intellectual history, the history of the fine and performing arts, and what is known about today’s invisibilised sites of animal killing, Murdering Animals inevitably asks: should theriocide be considered murder? With its strong multi- and interdisciplinary approach, this work of collaboration will appeal to scholars of social and species justice in animal studies, criminology, sociology and law. (shrink)

Who was responsible for the murder of Sennacherib? This question fascinated Assyriologists for most of the twentieth century, until a new interpretation of an obscure, fragmentary letter convinced many that a disenfranchised elder son of Sennacherib, Urad-Mullissu, had hatched the conspiracy. Since the publication of this text in 1980 by Simo Parpola, near consensus has developed about these events. In this paper I reexamine the issue and revive the theory that Esarhaddon, Sennacherib’s son and successor, may have been behind (...) the assassination, rather than his elder brother. I do not question the coherence of Parpola’s interpretation, but I suggest that the field may place undue confidence in a single broken, decontextualized letter. More importantly, the evidence implicating Esarhaddon is ample. I extend six arguments that point toward Esarhaddon’s guilt, most of which are derived from Esarhaddon’s own account of events in his famous Nineveh A inscription. I do not propose that we can establish Esarhaddon’s guilt conclusively at this remove, but I conclude that the weight of this evidence equals, if not surpasses, that which points to a plot concocted by Urad-Mullissu. (shrink)

The right to life includes the absolute freedom of the individual to live without being endangered or threatened, in conditions of freedom and promotion of interpersonal values. The purpose of the paper is to provide a general overview of the right to life, including the consequences of denying this right, as well as the main forms or distinguishing investigative characteristics in determining whether it is a case of murder or suicide. To provide the required data, a statistical method was (...) used, through which the frequency of murder and suicide during the years 2019-2022 was presented. The comparative method was used to compare the findings on the change in number in relation to the prevalence of murders and suicides. The interview method was used to collect data on the prevalence of murders and suicides at the local level, as well as to determine the distinctive investigative features of these cases. The results of the research indicate that murder, aggravated murder and suicide have been decreased during the period 2019-2022, respectively the first six months of 2022. The results also indicate that investigators may face some difficulties such as the lack of cooperation of witnesses, the unintentional and intentional destruction of evidence, the movement of the victim’s body by changing its position, or even in some cases the lack of professionalism of the investigator. Based on the results, the investigators can distinguish whether it is a case of murder or suicide based on the position of the victim, the type of caused wound, bodily secretions, the past of the victim and the presence of a weapon at the scene. Investigators do not often face doubts as to whether the case is murder or suicide due to sufficient evidence. The research indicates that in some cases the investigators can also face those situations when the murder is staged with manipulative methods to look like suicide. (shrink)

_Murdered Father, Dead Father: Revisiting the Oedipus Complex_ examines the progressive construction of the notion of paternal function and its central relevance in psychoanalysis. The distinction between the _murdered father _and the _dead father_ is seen as providing a paradigm for the understanding of different types of psychopathologies, as well as works of literature, anthropology and historical events. New concepts are introduced, such as "_a father is being beaten_", and a distinction between the _descriptive après coup_ and the _dynamic après (...) coup_ that provides a model for a psychoanalytic understanding of temporality. The book includes a reflection on how the concepts of the _death instinct_ and the _negative_, in their connection with that which is at the limits of representability, are an aid to an understanding of Auschwitz, a moment of rupture in European culture that the author characterizes as " the murder of the dead father". Perelberg’s book is an important clinical and intellectual marker, and will be required reading for psychoanalysts, psychotherapists, anthropologists, and historians, as well as students in all these disciplines. (shrink)

This paper began in the startled realization that little if anything is said in Kant’s ethics about the more violent forms of immoral action. There are discussions of lying, deception, self-neglect, nonbeneficence—but apart from suicide, a great silence about the darker actions. At the least, this should be an occasion for curiosity. Although the degree of concern with acts of violence in contemporary ethics may be in its own way curious, it does not seem unreasonable to expect a moral theory (...) to provide an account of what is wrong with acts of violence. (shrink)

Ali (Ethics and Information Technology 17:267–274, 2015) and McCormick (Ethics and Information Technology 3:277–287, 2001) claim that virtual murders are objectionable when they show inappropriate engagement with the game or bad sportsmanship. McCormick argues that such virtual murders cannot be wrong on Kantian grounds because virtual murders only violate indirect moral duties, and bad sportsmanship is shown across competitive sports in the same way. To condemn virtual murder on grounds of bad sportsmanship, we would need to also condemn other (...) competitive games. I argue, contra McCormick, that virtual murders performed within massively multiplayer online roleplaying games can be wrong on Kantian grounds when they are exploitative. Exploitation occurs when virtual murder treats the player controlling the victim in a way that they have no opportunity to consent to (i.e. as a mere means in Kantian terminology). I argue that some virtual murders involving inappropriate engagement (Ali, Ethics and Information Technology 17:267–274, 2015) and bad sportsmanship (McCormick, Ethics and Information Technology 3:277–287, 2001) are exploitative in this way and therefore also wrong on Kantian grounds. (shrink)

He returns in this new volume with a focus on the "dangerous" murder cases from the forties and fifties, memorialised in intimate and telling photographs.

It is not unusual to speculate on the contrary-to-fact implications of political assassinations. Lincoln's is the classic case in point, but we need only think of Julius Caesar, Gandhi, or John Kennedy, if we require further examples. One totally neglected case in this context is that of Moritz Schlick. One of the remote consequences of his murder, on June 22, 1936, which was most definitely a political assassination, is that today's academic world may well have been an entirely different (...) one if he had gone on to lead the Vienna Circle into exile. That group of young philosophers of science had formed as he assumed the University of Vienna's chair of natural philosophy in 1922. A quarter of a century later, the entire English-speaking world (and Scandinavia) was in thrall to “logical positivism,” a caricature of scientific philosophy as the circle conceived it but an incredibly powerful intellectual standpoint, for all that. The view that all genuine knowledge can be quantified not only dominated philosophy but transformed the nature of universities to the point of threatening the very existence of the humanities, which could scarcely meet this demand. The polemical and oversimplified view of Rudolf Carnap's strong program for scientific philosophy simply found no place for disciplines based on mere description (ethnology) or on understanding complex interlinked constellations of events as they develop over time (history and its myriad allied disciplines).The die was cast, and the humanities became saddled with an inferiority complex that, even today, they have only partially shaken off. Only disciplines that employed mathematical methods in aid of rigorous explanation, working collectively in networks like those of physics or chemistry, were worthy of being institutionalized at universities. Since the humanities were, for the most part, embodied in individual researchers burning the Midnight Oil as they pondered the Eternal Verities, they were disqualified as sciences. They would have to reform themselves radically or disappear. The battle commenced, and sensitive observers can attest that, administrative rhetoric to the contrary, it still goes on. Had Schlick lived on, the pluralism and tolerance that was part of his view of the world might well have carried more influence than the more radical elements in the group ultimately did, and so the humanities might well have fared better in a more secure environment than they have done.Edmonds's The Murder of Professor Schlick does not venture into such speculations. Instead, it offers us a vibrant, suspense-filled narrative replete with as much information as the reader can digest (and more). Briefly, Edmonds presents a fully detailed, complex version of the high drama of the rise and decline of logical positivism in both its philosophical and its political dimensions, complete with vivid portraits of the characters whose thought and personalities supplied that movement with its dazzling dynamism. They include such characters as Schlick himself; the irrepressible Otto Neurath, who had been a minister in the short-lived Bavarian Soviet Republic; Rudolf Carnap, the circle's standard-bearer; Ludwig Wittgenstein, its unwilling ideal; Bertrand Russell, its Promethean inspiration; the eccentric Kurt Gödel; the rabbi Josef Schächter; the clever Englishman A. J. Ayer; America's rising star, W. V. Quine; the perennial contrarian, Karl Popper; the unfortunate Friedrich Waismann, doomed to failure in all his efforts; the tragic Edgar Zilsel, who committed suicide in American exile; and several frequently neglected women, such as Rose Rand, Olga Hahn, Marie Reidemeister, and Olga Taussky. In addition, the strong Jewish presence in the circle and the surrounding anti-Semitism that was a continuing stumbling block to it are clearly and powerfully described.These are but highlights of Edmond's narrative, but they are proof positive that his study is where to begin an encounter with the Vienna Circle and thus with the philosophical view that, more than any other, has conferred its character on modern thought and deeply molded people who have never heard of it. (shrink)

Reeently, a man in Germany was put on trial for killing and consuming another German man. Disgust at this incident was exacerbated when the accused explained that he had placed an advertisement on the internet for someone to be slaughtered and eaten-and that his ‘vietim’ had answered this advertisement. In this paper, I will argue that this disturbing ease should not be seen as morally problematic. I will defend this view by arguing that (1) the so-called ‘vietim’ of this cannibalization (...) is not in fact a victim of murder, and that (2) there is nothing wrong with cannibalism. (shrink)

Reeently, a man in Germany was put on trial for killing and consuming another German man. Disgust at this incident was exacerbated when the accused explained that he had placed an advertisement on the internet for someone to be slaughtered and eaten-and that his ‘vietim’ had answered this advertisement. In this paper, I will argue that this disturbing ease should not be seen as morally problematic. I will defend this view by arguing that (1) the so-called ‘vietim’ of this cannibalization (...) is not in fact a victim of murder, and that (2) there is nothing wrong with cannibalism. (shrink)

(2013). The Murderer's Salute: News Images of Breivik's Defiance After Killing 77 in Oslo. Journal of Mass Media Ethics: Vol. 28, No. 1, pp. 57-59. doi: 10.1080/08900523.2013.755077.

In this Article I will challenge the tendency to discount the severity of domestic homicide, a phenomenon I call "the domestic discount." I will argue against automatic mitigation-the imputation of provocation or diminished capacity-simply or merely because the relationship" between victim and defendant is domestic or sexually intimate. I will argue that the traditional hot blood/cold blood dichotomy is an imperfect guide to the moral grading of homicide offenses. In particular, reliance on it has led to the under evaluation of (...) the seriousness of some domestic homicides. It is my contention, or hypothesis, that the conclusions I draw from the study of capital domestic cases can be generalized to the entire domain of domestic homicides: If homicide laws were purged of patriarchal values, the remaining principles that underlie our grading of homicide offenses would be consistent with the rejection of a domestic discount; the worst domestic murders like the worst predatory murders would rank among the most reprehensible crimes. (shrink)

The Russian conquest of Central Asia marked the beginning of record-keeping for Qazaq arbitrators and customary law. It remains obscure how bīs complied with the colonial regulations obliging them to record their court proceedings. I approach this issue first by questioning the utility of extra-judicial sources crafted in Russian at the instigation of colonial bureaucrats; hence, I argue that the comparison alone of ’ādat-related judicial records written in Turki with šarī’a court certificates allows situating the legal terminology applied by Qazaq (...) arbitrators within the discursive tradition of Islamic law. By way of illustrating my approach, I offer a close reading of a report of a murder case adjudicated according to Qazaq customary law in the vicinity of Khiva in 1895. My commentary on the summary of the trial sheds light on the interplay of customary and Islamic law in the region. In addition, it challenges earlier interpretations of the use of the exculpatory oath among the Qazaqs. (shrink)

'For if once a man indulges himself in murder, very soon he comes to think little of robbing; and from robbing he comes next to drinking and Sabbath-breaking, and from that to incivility and procrastination' Thomas De Quincey's three essays 'On Murder Considered as One of the Fine Arts' centre on the notorious career of the murderer John Williams, who in 1811 brutally killed seven people in London's East End. De Quincey's response to Williams's attacks turns morality on (...) its head, celebrating and coolly dissecting the art of murder and its perfections. Ranging from gruesomely vivid reportage and brilliantly funny satiric high jinks to penetrating literary and aesthetic criticism, the essays had a remarkable impact on crime, terror, and detective fiction, as well as on the rise of nineteenth-century decadence. The volume also contains De Quincey's best-known piece of literary criticism, 'On the Knocking at the Gate in Macbeth', and his finest tale of terror, 'The Avenger', a disturbing exploration of violence, vigilantism, and religious persecution. ABOUT THE SERIES: For over 100 years Oxford World's Classics has made available the widest range of literature from around the globe. Each affordable volume reflects Oxford's commitment to scholarship, providing the most accurate text plus a wealth of other valuable features, including expert introductions by leading authorities, helpful notes to clarify the text, up-to-date bibliographies for further study, and much more. (shrink)

Winner, 2002 French Translation Prize for Nonfiction Murderous Consent details our implication in violence we do not directly inflict but in which we are structurally complicit: famines, civil wars, political repression in far-away places, and war, as it’s classically understood. Marc Crépon insists on a bond between ethics and politics and attributes violence to our treatment of the two as separate spheres. We repeatedly resist the call to responsibility, as expressed by the appeal—by peoples across the world—for the care and (...) attention that their vulnerability enjoins. But Crépon argues that this resistance is not ineluctable, and the book searches for ways that enable us to mitigate it, through rebellion, kindness, irony, critique, and shame. In the process, he engages with a range of writers, from Camus, Sartre, and Freud, to Stefan Zweig and Karl Kraus, to Kenzaburo Oe, Emmanuel Levinas and Judith Butler. The resulting exchange between philosophy and literature enables Crépon to delineate the contours of a possible/impossible ethicosmopolitics—an ethicosmopolitics to come. Pushing against the limits of liberal rationalism, Crépon calls for a more radical understanding of interpersonal responsibility. Not just a work of philosophy but an engagement with life as it’s lived, Murderous Consent works to redefine our global obligations, articulating anew what humanitarianism demands and what an ethically grounded political resistance might mean. (shrink)

This paper presents the results of the semiotic analysis in which the story of Krystian Bala, a Polish author who was convicted of murder, is studied in detail. The presented case study focuses on the interactions between real and fictional worlds, in particular, on the possibility of amalgamation of a real author’s and a fictional storyteller’s roles. Furthermore, the double-dimensional analysis of reality and fiction is complemented and broadened by an in-depth examination of how this story has inspired other (...) authors. By discussing real events and texts of culture based on them, this paper aims at presenting the process in which the writer who had turned to be the murderer became the protagonist of artistic creations of others, and, in consequence, a part of a broader socio-cultural phenomenon. (shrink)

It is possible to defend the death penalty for aggravated murder in more than one way, and not every defence is equally compelling. The paper takes up arguments put forward by two very distinguished advocates of the death penalty, Mill and Kant. After reviewing Mill's argument and some weaknesses in it, I shall sketch another line of reasoning that combines his conclusion with premisses to be found in Kant. The hybrid argument provides at least the basis for a sound (...) defence of execution for the most serious murders. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Murder in the Garden? The Envy of the Gods in Genesis 2 and 3 Paul DuffJoseph Hallman George Washington University University of St. Thomas According to Walter Brueggemann, "No text in Genesis (or likely in the entire Bible) has been more used, interpreted and misunderstood" than the story of Adam and Eve in the garden. "This applies to careless, popular theology as well as to the doctrine of (...) the church"(41). Augustine attempted to explain the first few chapters of Genesis on no fewer than five different occasions throughout his career. Based on his reading ofPaul, Augustine and Western Christianity after him believed that the entire human race inherited the disobedience ofAdam and Eve. The story in Genesis 2-3 represents the beginning ofthe J narrative, the so-called Yahwist account of the creation which originated in the early years ofthe Israelite monarchy.8 Commentators have long acknowledged a variety ofelements in the Yahwist creation account which complicate its interpretation and defy any satisfactory explanation. Among the more puzzling elements in the story are, first, the implication in Gen. 3:22 of a plurality of divine beings, a fact which seems to contradict the rest ofthe narrative and which also flies in the face of Israelite monotheism. Second, according to Gen. 2:17, God threatens Adam with the punishment of 8 The Yahwist document, originally independent, was later combined with three other strands of ancient material to form the Pentateuch. For a recent study ofthe "Documentary Hypothesis," see Richard Friedman. 1 84Paul DuffandJoseph Hallman immediate death for transgressing the deity's prohibition (cf. 3:3, 3:4). God does not carry out the threatened punishment, however, nor does the text offer the reader an explanation for the deity's commutation ofthe sentence (Westermann 224-5). Third, the origin and nature ofthe serpent in the story is unclear. Where did he come from? The identification ofthis figure with Satan in the later tradition has no support in the text (Westermann 237-9). Finally, the prohibition not to eat ofthe single tree in the garden appears to be arbitrary. Hence the crime of Adam and Eve is obviously contrived. Despite the fact that the original sentence of death for their disobedience was not carried out, the curses invoked on Adam and Eve seem hardly warranted by the offense. Consequently, some sections ofthe text depict the deity as a petty tyrant, certainly a very different picture than that given by other scriptures ofthe Jewish and Christian traditions. We believe these difficulties can be overcome by approaching Genesis 2-3 from a Girardian perspective.9 We propose that this story has evolved10 in order to hide its original meaning. As a result—following Girard's understanding of the function and evolution of mythology—we will endeavor to "deconstruct" Genesis 2-3 in order to trace the evolution ofthis myth from its origin in a primal crime. This will enable us to explain the inconsistencies in the text as it stands and to appreciate the final revisions made by the biblical author(s). We will begin with a brief discussion of Girard's understanding ofmyth. Then we will turn to the problems ofthe Genesis text. Girard on myth According to Girard, myth is, quite simply, a narrative about a primal murder, rewritten from the vantage point ofthe killers (1977a, 64-7, 91-5; 1986, 24-44). As such, mythology covers up the role of the victimage mechanism as the basis ofculture. Myths which disguise or cover up such a crime can take many forms. For instance, the foundational murder of an 9 In his recent book on Paul, Robert Hamerton-Kelly presents a Girardian interpretation of this passage which is completely different from ours (92-7). Since Hamerton-Kelly appears to read the myth at face value without a sense of development, he, like most interpreters, ends with somewhat tortuous conclusions. 10It is virtually certain that the account found in Gen. 2 and 3 did not come into being as a free composition of the Yahwist. But, as Claus Westermann has pointed out in his history ofthe exegesis ofthis passage (186-91), despite the fact that most see it as a product of a long... (shrink)

Some people believe that God made it a condition for His forgiveness even of repentant sinners that Jesus died a sacrificial death at human hands. Often, in the New Testament, this doctrine of Objective Atonement seems to be implied, as when Jesus spoke of his blood as ‘shed for many for the remission of sins’ , or when St Paul said that ‘Christ died for our sins according to the scriptures’ . And for many centuries the doctrine was indeed accepted (...) by most if not all Christian theologians. It seems in fact to be an essential part of Christianity, which adherents of that religion cannot reject without undermining the authority both of their scriptures and of a very long tradition. It looks then as if objections to the doctrine are objections to the Christian scheme itself. Here is one of them. As the Gospels present it Jesus was murdered, by one or more of Pilate, the Sanhedrin and the Jewish mob. Given Objective Atonement, God ordained the sacrificial death of Jesus, and so, as it seems, this murder. Murder requires freedom on the killer's part. And many have doubted that an action can be both free and ordained by God. Leave that aside. A good God would in any case not make it a condition for our forgiveness that someone acquired the guilt of murder. (shrink)

In Loss of Control and Diminished Responsibility, Alan Reed and Michael Bohlander collect a wide range of essays on the eponymous partial defences to murder. These essays provide detailed analysis of recent English reforms in this area and place these reforms in comparative perspective. This review considers the contribution made by this book to the explanation and evaluation of partial defences. It concentrates in particular on the exculpatory force of loss of control; the distinctness of loss of control from (...) diminished responsibility; and the defences’ unique mitigatory effect. (shrink)

Keller explains the persistence of the nature/nurture debate by a chronic ambiguity in language derived from classical and behavioral genetics. She suggests that the more precise vocabulary of modern molecular genetics may be used to rephrase the underlying questions and hence provide a way out of this controversy. I show that her proposal fits into a long tradition in which other authors have wrestled with the same problem and come to similar conclusions. - Review of 'The mirage of a space (...) between nature and nurture' by Evelyn Fox Keller, Duke University Press, 2010, ISBN 9780822347316. (shrink)

Name der Zeitschrift: Klio Jahrgang: 99 Heft: 1 Seiten: 260-277.

Arendt’s reflections on the reverberations of the bureaucratic way of governing give rise to two distinct and, above all, complementary argumentative trajectories: 1) its investigation as a form of domination originating from imperialism and later used as a model of totalitarian; 2) the role of bureaucrats. Both help to understand why the bureaucracy not only survived the fall of totalitarian regimes, but also remained the organizational model of nations. At the intersection of these readings, the essay “Auschwitz on Trial” presents (...) two types of participants in the Nazi bureaucratic apparatus: bureaucratic assassins (desk murderes) and subordinate men. In common among them was a lack of responsibility for the crimes perpetrated by the regime and thoughtlessness; however, their degree of participation in the hierarchy and their punishability in post-war trials differed greatly. In these terms, this article aims to analyze the similarities and differences between subordinate men and bureaucratic murderers. To do so, it is assumed that understanding them helps to understand bureaucracy as a form of government that makes public freedom and the free exercise of spiritual activities unfeasible. (shrink)