This is a collection of essays on themes of legal philosophy which have all been generated or affected by Hart's work. The topics covered include legal theory, responsibility, and enforcement of morals, with contributions from Ronald Dworkin, Rolf Sartorius, Neil MacCormach, David Lyons, Kent Greenawalt, Michael Moore, Joseph Raz, and C.L. Ten, among others.

The European Union welfare standardsfor intensively kept pigs have steadilyincreased over the past few years and areproposed to continue in the future. It isimportant that the cost implications of thesechanges in welfare standards are assessed. Theaim of this study was to determine theprofitability of rearing pigs in a range ofhousing systems with different standards forpig welfare. Models were constructed tocalculate the cost of pig rearing (6–95 kg) in afully-slatted system (fulfilling minimum EUspace requirements, Directive 91630/EEC); apartly-slatted system; a high-welfare,straw-based system (...) (complying with the UK-basedRoyal Society for the Prevention of Cruelty toAnimals, Freedom Food standards) and afree-range system. The models were also used toassess the consequences of potential increasesin space allowance, and to estimate the cost ofrearing pigs under organic standards.The cost of rearing pigs ranged from92.0 p/kg carcass weight (cw) and 94.6 p/kgcw forthe partly-slatted and fully-slatted systems,to 98.8 p/kgcw and 99.3 p/kgcw for the FreedomFood and free-range systems respectively. Whenspace allowance was increased by 60% to levelsin a recent proposal to revise pig welfareDirective (91/630/EEC), the rearing costs wereunchanged for the free-range system but rose by4.6 p/kgcw for the fully-slatted system. Rearingcosts under organic standards were 31% higherthan in the free-range system. These resultssuggest that improved pig welfare can beachieved with a modest increase in cost. (shrink)

This classic collection of essays, first published in 1968, represents H.L.A. Hart's landmark contribution to the philosophy of criminal responsibility and punishment. Unavailable for ten years, this new edition reproduces the original text, adding a new critical introduction by John Gardner, a leading contemporary criminal law theorist.

In this field questions arise which are certainly difficult; but as I listened last time to members of the group, I felt that the main difficulty perhaps lay in determining precisely what questions we are trying to answer. I have the conviction that if we could only say clearly what the questions are, the answers to them might not appear so elusive. So I have begun with a simple list of questions about discretion which in one form or another were, (...) as it seemed to me, expressed by the group last time. I may indeed have omitted something and inserted something useless: if so, no doubt I shall be informed of this later. The central questions then seem to me to be the following: 1. What is discretion, or what is the exercise of discretion? 2. Under what conditions and why do we in fact accept or tolerate discretion in a legal system? 3. Must we accept discretion or tolerate discretion, and if so, why? 4. What values does the use of discretion menace, and what values does it maintain or promote? 5. What can be done to maximize the beneficial operation of the use of discretion and to minimize any harm that it does? (shrink)

This incisive book deals with the use of the criminal law to enforce morality, in particular sexual morality, a subject of particular interest and importance since the publication of the Wolfenden Report in 1957. Professor Hart first considers John Stuart Mill's famous declaration: "The only purpose for which power can be rightfully exercised over any member of a civilized community is to prevent harm to others." During the last hundred years this doctrine has twice been sharply challenged by two great (...) lawyers: Sir James Fitzjames Stephen, the great Victorian judge and historian of the common law, and Lord Devlin, who both argue that the use of the criminal law to enforce morality is justified. The author examines their arguments in some detail, and sets out to demonstrate that they fail to recognize distinction of vital importance for legal and political theory, and that they espouse a conception of the function of legal punishment that few would now share. (shrink)

A representation is a remnant of previous experience that allows that experience to affect later behavior. This paper develops a metatheoretical view of representation and applies it to issues concerning representation in animals. To describe a representational system one must specify the following: thedomainor range of situations in the represented world to which the system applies; thecontentor set of features encoded and preserved by the system; thecodeor transformational rules relating features of the representation to the corresponding features of the represented (...) world; themedium, or the representation's physical instantiation; and thedynamics, or how the system changes with time. In part because of the behaviorist assumption that the hypothetical, covert changes occurring in an organism during learning correspond to the overt physical changes that are observed, issues of representation in animal behavior have been largely ignored as irrelevant or misleading. However, it can be inferred that representations, acting as models of environmental regularities, operate at many levels of behavioral functioning, both cognitive and noncognitive. Objections to the use of this concept in explanations of animal behavior, based on the claim that it is indeterminate and on behaviorist considerations of parsimony, can be answered. Animal representations may be specialized in terms of tasks and species. Data from tasks involving spatial memory, delayed matching-to-sample, and sequence learning suggest some foundations for a general theory of animal representations. (shrink)

Although the popular view of design as enhancing beauty and functionality is not wrong, it is not enough. By thinking of design as not only aesthetic (enhancing beauty) and purposive (enhancing functionality) but also as discursive, this paper addresses the increasing prominence of design, and gives a criterion for evaluating design, by asking what kind of discourse it should be. Design, I contend, ought to participate in rational, as compared to commercial or authoritarian, discourse. Commercial discourse reduces humans to consumers, (...) and authoritarian discourse divides humans into masters and slaves. Rational discourse envisions humans in the highest possible terms, as holding equal place within the real, and equal standing before the truth, and therefore as sharing common cause with one another, at all times and places, and under any conditions. Commercial and authoritarian discourse both attempt to consolidate agency in the hands of a few; rational discourse, to distribute agency equally to all. Design is among the enterprises for which the obligatory work is rational discourse, and the stakes thus the fullness of our humanity and the humanity of others. (shrink)

This book explores the consequences of postmodern theory and answers the question, "What did postmodern theory begin?".

Currently living people cannot be said to be wronged because of the wrongless emissons of greenhouse gases by past people. According to the usual subjunctive-historical understanding of harm, currently living people cannot be said to be harmed by the impact of greenhouse emissions on their well-being. By relying on a subjunctive-threshold notion of harm we can justify conclusions about both the present generation’s duties not to violate the rights of future generations, and the present generation’s duties to compensate currently living (...) people for the harms inflicted upon them through the lasting impact of wrongless past harms. This interpretation supports a forward-looking understanding of the grounds of our relating to wrongless past harms. The significance of past harms lies in their consequences for the well-being of currently living and future people. The subjunctive-threshold notion of harm lends support to a standard of minimal, general, and universal justice. Those actors who are in a position to fulfill its requirements are under a duty to do so. Especially the rich and powerful countries ought to counteract the harmful impact of past greenhouse emissions. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:702 JOURNAL OF THE HISTORY OF PHILOSOPHY 33:4 OCTOBER t99 5 appears more as an anomalous figure in the spirit of Kierkegaard than a thinker of the mainstream. For Jaspers, philosophy is a vehicle to provoke a spiritual sense of the wonder of existence rather than an autonomous vocation which strives to recast its questions in increasingly radical ways. Most typically, Jaspers's emphasis on darker aspects of the human (...) predicament--guilt, anxiety, and death as the seminal existential motifs--does not exclude a more positive vision of Existenz as revealed through transcendence. The limits do not provoke a discourse of radical finitude which skirts the edges of presence, but instead indirectly point toward a transcendent mystery, or the "encompassing" (19-2o). If there is an aspect of Jaspers's philosophy that remains inadequately addressed in either volume, it is his preoccupation with the role of tragedy in the post-war era? In light of the premier importance that Hegel, Nietzsche, and Heidegger all grant to tragedy, Jaspers's passionate treatment of this topic in the context of the catastrophe of Western Europe merits far closer attention. Does not the issue of tragedy provide indispensable dues to chart the landscape of twentieth-century thought, and to amplify the differences which prevail in the portrait of politics as displayed by such diverse philosophers as Jaspers and Heidegger, Derrida and Levinas? FRANK SCHALOW DiUard University Norman Malcolm. Wittgenstein: A Religious Point of View? Edited with a response by Peter Winch. Ithaca, New York: Cornell University Press, a994. Pp. xi + 14o. Norman Malcolm at the outset of this, his posthumously published last book, focuses on the question: What did Wittgenstein mean when he said to his friend M. O'C. Drury, "I am not a religious man, but I cannot help seeing every problem from a religious point of view"? It was the right question. But Malcolm then--again on the first page of his book-proceeded to place restrictions on it, which were quite foreign to the spirit of Wittgenstein 's remark and which virtually crippled it. (1) He took Wittgenstein to be speaking of not social, psychological, or presumably even personal problems, but only of philosophical ones. (2) He chose to say that in Wittgenstein's later philosophy "there is not strictly a religious point of view, but something analogous to a religious point of view" (1, Malcolm's emphases). There is no reason to think that Wittgenstein would have accepted either of these restrictions on his remark. Nor does Peter Winch accept them in his forty-page discussion, which follows Malcolm's text in this book. In the upshot Malcolm finds "four analogies between Wittgenstein's conception of the grammar of language and his view of what is paramount in a religious life" (92). In both, he says, Wittgenstein emphasizes "an end to explanation," a sense of an "illness" pervading the human situation, "an inclination to be amazed at the existence of some ' Karl Jaspers, TragedyIs Not Enough, trans. Harald A. T. Reiche, Harry T. Moore, and Karl W. Deutsch (Boston: Beacon Press, 1952), 31-4O,93- io5_ BOOK REVIEWS 703 thing," and "doing, acting [having.] priority over intellectual understanding and reasoning " (92). But are such "analogies" really the crux of the "religious point of view" in terms of which Wittgenstein said that he could "not help seeing every problem"? When we recall that Wittgenstein's later philosophy was a proibund attack upon what he regarded as the idolatry of science, logic, and mathematics (an idolatry of which he himself, in the Tractatt~,, was partly guilty), and that he was also bent on undermining the accompanying subjectivized and privatized view of the human mind, as well as the scientistic reading of religious beliefs and primitive religions, we may be inclined to see his philosophy as clearing the way for the simple noninstitutionalized Tolstoian faith which he himself accepted. Philosophy and religion were on the same track in his mind (and not merely related by "analogies") when he wrote: "All that philosophy can do is to destroy idols. And that means not creating a new one--for instance, as in the 'absence of an idol' " (MS 213, 89). Peter Winch... (shrink)

H. L. A. Hart; The Presidential Address: I—Prolegomenon to the Principles of Punishment, Proceedings of the Aristotelian Society, Volume 60, Issue 1, 1 June 196.

Im folgenden sollen zwei Arbeiten zur theoretischen Mathematik vorgestellt werden, die im 14. Jahrhundert entstanden. Die eine stammt von Thomas Bradwardine (um 1290 - 1349), einem der wichtigsten Mathematiker dieser Zeit, die andere von dem praktisch unbekannten Wigandus Durnheimer. Bei Bradwardine soll insbesondere die Frage beantwortet werden, welche der arithmetischen Schriften, die ihm zugeschrieben werden, wirklich von ihm stammt. Bei Durnheimers Schrift, einer Kompilation, die u.a. auf Bradwardines Abhandlung beruht, werden der Inhalt der einzelnen Kapitel und deren Quellen angegeben.