In this sense the collection offers a model of how international collaborative work should proceed. The book is the product of a workshop held at the International Institute for the Sociology of Law (IISL) in Onati, Spain.

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

Through an examination of Alfonso Cuarón’s Children of Men, this book demonstrates the ability of cinematic fictions, and other complex narrative fictions, to contribute to meeting the climate challenge by shaping the desires of audiences. -/- What if there was a single feature film that showed us everything we need to know about climate catastrophe culture? What if that same film also made the philosophies of Slavoj Žižek, Mark Fisher, Francis Fukuyama, and Fredric Jameson accessible? Identifying the climate challenge as (...) a cultural challenge, this book provides an unprecedented criminological analysis of both Children of Men and Fisher’s oeuvre from 1998 to 2022, and demonstrates the capacity of cinematic narratives to shape climate catastrophe culture. Seeking to be part of the solution to the climate challenge, it is the first criminological study to link the capacity of cinematic fictions to shape desire to solutions to the climate crisis. It is also one of the most detailed, and most rigorous criminological case study of a cinematic work to date. -/- Anthropocide: An Essay in Green Cultural Criminology will be of great interest to students and scholars of green criminology, cultural criminology, narrative criminology, film theory, philosophy of film, and ecocriticism. (shrink)

Environmental activism is crucial for raising public awareness and support toward addressing the climate crisis. However, using climate change mitigation as the cause for blockage, vandalism, and harassment activities might be counterproductive and risk causing negative repercussions and declining public support. The paper describes a dataset of metadata of 89 blockage, vandalism, and harassment events happening in recent years. The dataset comprises three main categories: 1) Events, 2) Activists, and 3) Consequences. For researchers interested in environmental activism, climate change, and (...) sustainability, the dataset is helpful in studying the effectiveness and appropriateness of strategies to raise public awareness and support. For researchers in the field of security studies and green criminology, the dataset offers resources to study features and impacts of blockage, vandalism, and harassment events. The Bayesian Mindsponge Framework (BMF) analytics was employed to validate the dataset. Consequently, the estimated result aligns with the Mindsponge Theory’s theoretical reasoning. (shrink)

This book grapples with multispecies violent exploitations embedded in corridors of power within the Animal-Industrial Complex (A-IC). The A-IC is a useful framework for understanding how exploitative human-animal relations are central to capitalist relations and profit accumulation. 'A-IC-related-violence' - killing animals for economic gain - has a ripple effect which results in profound consequences for humans as well. This collection of international scholarship explores topics as varied as how A-IC-related-violence is reproduced and sustained through rapidly changing discursive strategies, ideological architecture, (...) and particular cultural forms that elide and legitimize animal cruelty. Several chapters expose collusion between governments, corporations and academia as central to maintaining dominance of A-IC-related-violence. Other scholars explore the trouble with making the conditions of "meat" production visible - of de-fetishizing meat commodities. The scholarship critically explores dynamic components of an apparatus that enables A-IC-related-violence and harm but is situated within the capitalist order and charts A-IC-related-violence as the key profit generating practice in select domains of the A-IC. The book unmasks inherent cruelties in a proliferation of social forms that ultimately reflect a socio-economic system that centralizes capitalist life characterized by endless growth, competitiveness, and profligate consumption. This is essential reading for those engaged in critical criminology, green criminology, violence studies, peace and conflict studies, critical animal studies or animal rights-oriented scholars. (shrink)

In this paper, we determine whether illegal hunting should be construed as a crime of dissent. Using the Nordic countries as a case study where protest-driven, illegal hunting of protected wolves is on the rise, we reconsider the crime using principles of civil disobedience. We invoke the conditions of intentionality, nonevasion, dialogic effort, non-violence and appeal to parameters of reasonable disagreement about justice and situate the Nordic illegal hunting phenomenon at a nexus between conscientious objection, assisted disobedience and everyday resistance. (...) This examination leads us to contend that the crime has heretofore received an inadequate response limited to punishment and deterrence. This contention finds support in the worsening predicaments of illegal hunting following harsh sanctions and stigmatization. Although hunters publicize injustices through their crimes, we find that killing wolves as a means to deliberative ends disqualifies hunters’ dissent as legitimate disobedience, creating an obligation of deliberative uptake on the part of society. Nonetheless, in a critical contribution to the field of criminal justice, we argue that it is instead the conditions of deliberative suboptimality experienced by hunters that create this obligation of uptake. Hence, in order to fulfill this obligation, we contend that the burden falls on regulatory agencies to better articulate the justifications for the policies that coerce hunters. We also advocate creating novel institutions to provide hunters with effective opportunities for contesting wildlife conservation directives. (shrink)

Emerging New Voices in Critical Animal Studies: Vegan Studies for Total Liberation, co-edited by Nathan Poirier, Anthony J. Nocella II, and Annie Bernatchez of the Institute for Critical Animal Studies, is a brilliant radical engaging intersectional book promoting total liberation from new fresh critical animal studies voices throughout the world. This captivating critical animal studies collection, influenced by historical and ongoing radical movements such as green anarchism, Black liberation, prison abolition, feminism, Queer liberation, disability rights, and decolonization, is one (...) of the most powerful texts in the last decade within the animal liberation movement. We must begin to listen to new and young scholars for social justice to evolve in order to end speciesism and all forms of oppression. Read, share, reflect and act on this interdisciplinary collection of scholar-activists from sociology, anthropology, criminology, economics, philosophy, cultural studies, eco-theology, environmental studies, and education that will transform the global movement for radical social justice and propel total liberation forward. (shrink)

Earlier versions of this paper were presented at the University of Virginia and at Texas A&M University. I thank audiences at both institutions for their insightful comments. Special thanks to John Williams for his illuminating comments on an earlier draft. Research for this paper was supported in part by a Summer Grant from the Vice Provost for Research and Public Service at the University of Virginia. That support is here gratefully acknowledged.

This is the penultimate draft of a paper originally presented at the Hart-Fuller at 50 conference, held at the NYU Law School in February 2008. A revised version will appear in the NYU Law Review. The paper seeks to clarify and assess HLA Hart's famous claim that legal positivism somehow involves a 'separation of law and morals.' The paper contends that Hart's 'separability thesis should not be confused with the 'social thesis,' with the 'sources thesis,' or with a methodological thesis (...) about jurisprudence. Hart's thesis denies the existence of necessary (conceptual) connections between law and morality. But that thesis is false: there are many necessary connections between law and morality, some of them conceptually significant. Among these is an important negative connection: law is of its nature morally fallible and morally risky. Lon Fuller emphasised the 'internal morality of law,' the 'morality that makes law possible'. Hart stressed that there is also an immorality that law makes possible. Law's nature is seen not only in its internal virtues, in legality, but also in its internal vices, in legalism. (shrink)

The modern state claims supreme authority over the lives of all its citizens. Drawing together political philosophy, jurisprudence, and public choice theory, this book forces the reader to reconsider some basic assumptions about the authority of the state. Various popular and influential theories - conventionalism, contractarianism, and communitarianism - are assessed by the author and found to fail. Leslie Green argues that only the consent of the governed can justify the state's claims to authority. While he denies that there (...) is a general obligation to obey the law, he nonetheless rejects philosophical anarchism and defends civility - the willingness to tolerate some imperfection in institutions - as a political virtue. (shrink)

G. E. Moore observed that to assert, 'I went to the pictures last Tuesday but I don't believe that I did' would be 'absurd'. Over half a century later, such sayings continue to perplex philosophers. In the definitive treatment of the famous paradox, Green and Williams explain its history and relevance and present new essays by leading thinkers in the area.

One of the foundational texts of interpersonal psychoanalysis, _Prelogical Experience_ is a pioneering attempt to elaborate an interpersonal theory of personality that encompasses the nonpropositional, nonverbal dimension of human experience. Prelogical processes, the authors hold, cannot be consigned to infancy; rather they shape experience throughout life and are especially salient in relation to dreams, emotion, perception, and the arts. Of special note is Tauber and Green's elaboration of the clinical situation that grows out of an appreciation of prelogical experience. (...) In a striking anticipation of contemporary thinking, they approach patient-therapist interaction in terms of the continuous exchange of "presentational data" by patient and analyst. These data enable patient and therapist alike to "know" more about the other than can ever be expressed in propositional terms. This perspective assigns an important role to what Piaget would term "the cognitive unconscious" in the clinical process. It likewise sustains a view of the countertransference - which includes the analyst's own dreams - as a vital source of presentational data about the patient. As Donnel Stern notes in his Introduction, these and other insights "amount to a surprisingly contemporary description of psychoanalytic treatment.". (shrink)

This discussion develops six of the most important guiding principles of classical Jewish business ethics and illustrates their application to a complex recent case of product liability. These principles are: (1) the legitimacy of business activity and profit; (2) the divine origin and ordination of wealth (and hence the limits and obligations of human ownership); (3) the preeminent position in decision making given to the protection and preservation (sanctity) of human life; (4) the protection of consumers from commercial harm; (5) (...) the avoidance of fraud and misrepresentation in sales transactions; and (6)the moral requirement to go beyond the letter of the law. Although these Talmudic principles are clearly obligatory only for "Torah-obedient" Orthodox and Hasidic Jews, many Jews share a sensibility informed by them. Non-Jews, too, may be instructed by Jewish teachings about business ethics. (shrink)

Would the Jewish tradition agree with Søren Kierkegaard's claim that the biblical episode of Abraham's near-sacrifice of Isaac represents a fearful "teleological suspension of the ethical"? After surveying a variety of classical Jewish sources, the author concludes that Kierkegaard's interpretation has almost no resonance within the Jewish tradition. Rather than involving a suspension of the ethical, this episode is viewed by Jewish writers as involving a moment of supreme moral responsibility on the part of both God and man. This treatment (...) of the biblical episode points up a central fact about the Jewish tradition: although Judaism is unquestionably an ethical tradition based on the divine command, it is also a tradition of human autonomy and reason. If Jews have regarded God's commands as absolute, they have also found it unthinkable that these commands should ultimately defy our human sense of right and wrong. (shrink)

So striking were the replies of Joshu to students' questions, that it was said that his "lips emitted light." His saysing were extremely influential throughout the Zen tradition and are included in many koan anthologies. Now here is the first full English translation of his sayings, lectures, dialogues, poems, and records from his pilgimages. The translation aims for readability rather than literalness; helpful notes illustrate features from the Chinese that might not be evident in English. A historical introudction by the (...) translator a short biography of Joshu, and a useful glossary make The Recorded Sayings of Zen Master Joshu an invaluable text for any student of Zen Buddhism. (shrink)

Extensive literatures exist on the epistemology of testimony, memory, and perception, but for the most part these literatures do not systematically consider the extent of the analogies between the three epistemic sources. A number of the same problems reappear in all three literatures, however. Dealing simultaneously with all three sources and making a careful accounting of the analogies and disanalogies between them should therefore avoid unnecessary duplication of effort. Other than limits on the scope of which memorially- and testimonially-based beliefs (...) should be included in the Parity Thesis, I argue that most of the disanalogies that different philosophers have proffered between the sources do not mark distinctions among the universes of possible testimonially-, memorially-, and perceptually-based beliefs regarding the explanation of those beliefs' epistemic status. I first criticize the suggestion that perception is a generative epistemic source, while testimony and memory are not; I propose and defend counterexamples in which testimony and memory produce new beliefs. Next, I criticize a variety of distinctions that have been drawn between testimony and perception, taken chiefly from the reductionist-antireductionist literature on testimony. I criticize the suggestion that the conceptualization of content and the transparency of experience affect the epistemologies of testimony and perception in different ways. Regarding memory and testimony, I advocate modeling testimony on the legal relationship of a principal and an agent, arguing that law's apparatus used to analyze such situations suggests that using others' epistemic services in testimony will supply the same epistemic benefits and burdens as if we had performed those epistemic tasks personally and then relied only on memory. I apply this analysis to the transmission of defeaters in testimony. I argue that memory does feature the epistemic equivalent of a perceptual image and that both perceptually- and memorially-based beliefs can concern either the past or the present. Finally, I construct a set of six transformations that turn individual possible instances of perceptually-, memorially-, or testimonially-based beliefs into individual possible instances of the other two types of beliefs without changing the structure of those beliefs' epistemologies. (shrink)

Abstract:In the spirit of green cultural criminology, which considers the way(s) in which environmental crime, harm, and disaster are constructed, represented, and envisioned by the news media and in popular cultural forms, and narrative criminology, which explores how stories can influence (promote, curb, prevent, or resist) action, including harmful action, this provisional article seeks to intercede (although, perhaps, “intervene,” in the McGregorian sense, is more accurate) in the debate, of sorts, between the Indian writer Amitav Ghosh and (...) the British critic, editor, and theorist Mark Bould. Whereas Ghosh, in The Great Derangement: Climate Change and the Unthinkable (2016), laments the failure of contemporary literature to engage with climate change, Bould, in The Anthropocene Unconscious: Climate Catastrophe Culture (2021), considers whether all stories might be stories about climate change. Taking Salman Rush-die’s Haroun and the Sea of Stories (1990) as an example, this article argues that this phantasmagorical tale about the problems of censorship could be applied to and analyzed in the context of climate change. The article considers how we might tell (more, better) stories of climate change and concludes by calling for a marshalling of diverse stories to reflect the most pressing issue of our time. (shrink)

Metaphorical utterances are construed as falling into two broad categories, in one of which are cases amenable to analysis in terms of semantic content, speaker meaning, and satisfaction conditions, and where image-construction is permissible but not mandatory. I call these image-permitting metaphors, and contrast them with image-demanding metaphors comprising a second category and whose understanding mandates the construction of a mental image. This construction, I suggest, is spontaneous, is not restricted to visual imagery, and its result is typically somatically marked (...) sensu Damasio. IDM’s are characteristically used in service of self-expression, and thereby in the elicitation of empathy. Even so, IDM’s may reasonably provoke banter over the aptness of the imagery they evoke. (shrink)

Due to the variation, contingency and complexity of living systems, biology is often taken to be a science without fundamental theories, laws or general principles. I revisit this question in light of the quest for design principles in systems biology and show that different views can be reconciled if we distinguish between different types of generality. The philosophical literature has primarily focused on generality of specific models or explanations, or on the heuristic role of abstraction. This paper takes a different (...) approach in emphasizing a theory-constituting role of general principles. Design principles signify general dependency-relations between structures and functions, given a set of formally defined constraints. I contend that design principles increase our understanding of living systems by relating specific models to general types. The categorization of types is based on a delineation of the scope of biological possibilities, which serves to identify and define the generic features of classes of systems. To characterize the basis for general principles through generic abstraction and reasoning about possibility spaces, I coin the term constraint-based generality. I show that constraint-based generality is distinct from other types of generality in biology, and argue that general principles play a unifying role that does not entail theory reduction. (shrink)

The disappearance of Catharine Macaulay’s eighteenth-century defense of the doctrines that justified the seventeeth-century republican parliament, has served to obscure an important strand of enlightenment faith, that was active in the lead up to the American and French Revolutions, and that also played a significant role in the history of feminism. This faith was made up of two intertwined strands, ‘Christian eudaimonism’ and ‘rational altruism’. Dominant contemporary accounts of the origins of republicanism and democratic theory during the eighteenth-century have excluded (...) serious consideration of Macaulay’s writing. Bringing her works into the mix, both poses difficulties for certain genealogies of the political thought of the period, and tends to favour a once popular view, which emphasized the centrality of Locke. Nevertheless, the Locke whose influence is found in Macaulay’s writing is not the possessive individualist, or rational egoist, that he and other liberals have been represented as being, but rather a rational altruist, whose political philosophy is grounded in natural law and harks back to Milton. This same philosophy provides the philosophical foundations for Wollstonecraft’s two most significant political texts, the Vindication of the Rights of Men and Vindcation of the Rights of Woman. (shrink)

What is the value of having medical students engage in creative production as part of their learning? Creating something new requires medical students to take risks and even to fail--something they tend to be neither accustomed to nor comfortable with doing. “Making stuff” can help students prepare for such failures in a controlled environment that doesn’t threaten their professional identities. Furthermore, doing so can facilitate students becoming resilient and creative problem-solvers who strive to find new ways to address vexing questions. (...) Though creating something new can be fun, this is not the main outcome of interest. Rather, the principle reason we recommend devoting precious curricular time to creative endeavors is because it helps medical students become better doctors. (shrink)

Despite the fact that the High-Church Tory, Mary Astell, held political views diametrically opposed to the Whiggish Catharine Trotter Cockburn and Catharine Macaulay, it is here argued that their metaethical views were surprisingly similar. All were influenced by a blend of Christian universalism and Aristotelian eudaimonism, which accepted the existence of a law of nature, that we strive for happiness, and that happiness results from living in accord with our God-given nature. They differed with regard to epistemological issues; the means (...) by which we can know the law of nature, and with regard to the characterization of that nature; our telos. Traces of the ethical theories developed by these women can also be seen in the works of the philosophically informed novelists, Sarah Fielding, Jane Collier, Sarah Scott, and Hannah More. (shrink)

Some philosophers have suggested that certain shifts in perceptual organization are counterexamples to representationalism about phenomenal character. Representationalism about phenomenal character is, roughly, the view that there can be no difference in the phenomenal character of experience without a difference in the representational content of experience. In this paper, I examine three of these alleged counterexamples: the dot array (Peacocke 1983), the intersecting lines (Speaks 2010), and the 3 X 3 grid (Nickel 2007). I identify the two features of their (...) phenomenology that call for explanation: grouping and prominence. I then argue that representationalists can adequately account for both of these features. I also critique some previous treatments of grouping and prominence. (shrink)

Why is it that toleration can be uncomfortable for the tolerated? And how should tolerators respond to that discomfort? This paper argues that properly directed toleration can be deficient in its scope, grounds or spirit. That explains some of the discomfort in being tolerated. Beyond this, the occasions for toleration - the existence of a power to prevent and of an adverse judgment - can also make toleration sting. The paper then explores and rejects two familiar suggestions about how one (...) should respond to this discomfort: with acceptance or recognition of the tolerated. It is proposed instead that toleration should be supplemented by understanding. The nature and importance of this attitude are assessed. (shrink)

Traces the search for evidence that Kierkegaard was familiar with the works of Kant, sparked by the observation that Kierkegaard's treatment of ethics and sin is organized exactly as Kant's treatment of the same topics, and even seems to ...

In this study Professor Michalson attempts to clarify the complex tangle of issues connected with Kant's doctrines of radical evil and moral regeneration, and to set the problems resulting from these doctrines in an interpretive framework that tries to make sense of the instability of his overall position. In his late work Religion Within the Limits of Reason Alone, Kant charts out these doctrines in a manner that represents a fresh development in his own thinking on moral and relgious matters, (...) apparently at variance with the mainstream Enlightenment outlook which Kant otherwise embodies. His position appears to amount to a retrieval of the supposedly outmoded Christian doctrine of original sin, and this ambivalence is seen to stem from his desire to do justice both to the Protestant Christian, and the Enlightenment rationalist, tradition, which weigh equally heavily upon him. In this study Professor Michalson attempts to clarify the complex tangle of issues connected with Kant's doctrines of radical evil and moral regeneration, and to set the problems resulting from these doctrines in an interpretive framework that tries to make sense of the instability of his overall position. (shrink)

Human beings are promiscuously social creatures, and contemporary epistemologists are increasingly becoming aware that this shapes the ways in which humans process information. This awareness has tended to restrict itself, however, to testimony amongst isolated dyads. As scientific practice ably illustrates, information-processing can be spread over a vast social network. In this essay, a credit theory of knowledge is adapted to account for the normative features of strongly distributed cognition. A typical credit theory analyzes knowledge as an instance of obtaining (...) success because of or through the ability of the individual knower. The extended credit theory developed here broadens this framework so as to accommodate team-like epistemic achievements. The extended credit theory is then contrasted with some similar proposals given from within a process reliabilist framework. Once one isolates pairs of cases of distributed cognition in which there is a difference between sheer reliability and reliability grounded in ability, one can see that the extended credit theory maps the normative terrain better than the alternatives. (shrink)

Before curing was a possibility, medicine was devoted to the relief of suffering. Attention to the relief of suffering often takes a back seat in modern biomedicine. This book seeks to place suffering at the center of biomedical attention, examining suffering in its biological, psychological, clinical, religious, and ethical dimensions.

Many have held that when a person visually attends to an object, her visual system deploys a representation that designates the object. Call the referential link between such representations and the objects they designate attentive visual reference. In this article I offer an account of attentive visual reference. I argue that the object representations deployed in visual attention—which I call attentive visual object representations —refer directly, and are akin to indexicals. Then I turn to the issue of how the reference (...) of an AVOR is determined relative to a context. After raising problems for existing accounts, I propose a mechanism of reference determination that is both causal and descriptive: For an AVOR to refer to a particular object, the object must appropriately cause the deployment of the AVOR, and the AVOR must be associated with descriptive information about some of the object's geometrical and mereological properties. (shrink)

Jennifer Lackey presents a puzzle to which she argues there is no current solution. Lackey's claim is that testimonial knowledge can have something conspicuously wrong with it and still be knowledge. Testimonial knowledge can be ‘deficient’. Given that knowledge is a normative category, that it describes what it is for a belief to go right, there is a puzzle that comes with accounting for how a testimonial belief could be knowledge and yet go wrong in the ways Lackey has in (...) mind. In this paper, I argue that the deficiency is one of teamwork, and that Lackey's puzzle offers one a window into the respect in which testimony is a kind of team achievement. (shrink)

A model (based on a proposal by Schick (1974), is developed for channels composed of four species; the channels allow conduction when all species are in the correct configuration. Allowance is also made for diffusion resulting from depletion of ions in the neighbourhood of the channel. The result is a series of pulses in which the current falls as –1/2 upon closing the channel. The resulting power spectrum is calculated according to the method given by Schick and earlier workers, and (...) is found to be, at least qualitatively, in agreement with many of the features of noise measured for certain types of nerve membranes. The calculations are not linearized, but are carried through numerically. (shrink)

This chapter contains sections titled: Historical perspectives on business ethics and religion Current issues and challenges Conclusion.

While evidence for the role of gap functions, particularly during development, has been mounting, it has remained largely correlative, linking structure with presumed functions. With the recent advent of functional antibodies raised to the junctional protein, however, it has become possible to study the role of gap junctions more directly. There is now considerable evidence indicating that they play a vital role in tissue pattern formation and differentiation by allowing direct cell‐to‐cell transfer of developmental signals or morphogens.