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)

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.

Hans-Georg Gadamer's contribution to hermeneutics can be summarized in a nut shell in his thesis that there is a “wirkungsgeschichtliche” dimension in all understanding. In this article I make four remarks on the meaning of this concept. Firstly: the universal claim of Gadamer does not claim to describe the totality of understanding, but only an essential and forgotten dimension. Secondly: there are three ascending perspectives on art, tradition and speaking that constitute together the Wirkungsgeschichte. Every one of them demonstrates that (...) understanding is not primarily an action of objectification, but a happening of participation. Thirdly: there are similar thinking patterns by different philosophers that demonstrate that Gadamer's concept of the Wirkungsgeschichte is not so new and strange. Lastly: Gadamer's use of Aristotle's concept of phronesis or judgement (practical reasoning) is the concretization of the Wirkungsgeschichte and his great contribution to hermeneutics. S. Afr. J. Philos. Vol.21(4) 2002: 274-290. (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)

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)

Several scholars have recognized the limitations of theories of moral reasoning in explaining moral behavior. They have argued that moral behavior may also be influenced by moral identity, or how central morality is to one’s sense of self. This idea has been supported by findings that people who exemplify moral behavior tend to place more importance on moral traits when defining their self-concepts (Colby & Damon, 1995). This paper takes the next step of examining individual variation in a construct highly (...) associated with immoral behavior — psychopathy. In Study 1, we test the hypothesis that individuals with a greater degree of psychopathic traits have a weaker moral identity. Within a large online sample, we found that individuals who scored higher on a measure of psychopathic traits were less likely to base their self-concepts on moral traits. In Study 2, we test whether this reduced sense of moral identity can be attributed to differences in moral judgment, which is another factor that could influence immoral behavior. Our results indicated that the reduced sense of moral identity among more psychopathic individuals was independent of variation in moral judgment. These results suggest that individuals with psychopathic traits may display immoral behavior partially because they do not construe their personal identities in moral terms. (shrink)

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.

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)