If conduct must be wrongful in order to be justifiably criminalised, how should its wrongfulness be established? I examine a conception of wrongfulness put forward by A. P. Simester, which makes wrongfulness turn on whether the reasons favouring the performance of an action are, all things considered, defeated by the reasons against its performance. I argue that such a view can only generate appropriate substantive constraints in the context of criminalisation if it can distinguish between the sorts of reasons that (...) a verdict of wrongfulness, as a concept distinct from stupidity or selfishness, should attend to, and the sorts of reasons it should leave out. Assuming that this conception of wrongfulness should operate as a constraint on criminalisation in a liberal-democratic state, the only reasons it should include are other-regarding reasons. What matters is whether the agent commits an other-regarding wrong. This conception of wrongfulness helps us further to resolve fundamental questions concerning mala prohibita and the legitimate reach of any duty to obey the law. (shrink)

If conduct must be wrongful in order to be justifiably criminalised, how should its wrongfulness be established? I examine a conception of wrongfulness put forward by A. P. Simester, which makes wrongfulness turn on whether the reasons favouring the performance of an action are, all things considered, defeated by the reasons against its performance. I argue that such a view can only generate appropriate substantive constraints in the context of criminalisation if it can distinguish between the sorts of reasons that (...) a verdict of wrongfulness, as a concept distinct from stupidity or selfishness, should attend to, and the sorts of reasons it should leave out. Assuming that this conception of wrongfulness should operate as a constraint on criminalisation in a liberal-democratic state, the only reasons it should include are other-regarding reasons. What matters is whether the agent commits an other-regarding wrong. This conception of wrongfulness helps us further to resolve fundamental questions concerning mala prohibita and the legitimate reach of any duty to obey the law. (shrink)

The exploration of penal censure in this book is inspired by the fortieth anniversary in 2016 of the publication of Andreas von Hirsch's Doing Justice, which opened up a fresh set of issues in theorisation about punishment that eventually led von Hirsch to ground his proposed model of desert-based sentencing on the notion of penal censure. Von Hirsch's work thus provides an obvious starting-point for an exploration of the importance of censure for the justification of punishment, both within von Hirsch's (...) theory of just deserts and from the perspectives of other theoretical approaches. It also provides an opportunity for engaging with censure more broadly from philosophical, sociological-anthropological and individual-psychological perspectives. The essays in this collection map the conceptual territory of censure from these different perspectives, address issues for desert theory that arise from fuller understandings of censure, and consider afresh the role of censure within the jurisprudence of punishment. They show that analyses of censure from different vantage points can significantly enrich punishment theory, not least by providing a conceptual basis for perceiving common ground between and thus connecting different strands of penal theory. (shrink)

This book considers the way that Cesare Beccaria's slim 1764 volume On Crimes and Punishments influenced policy developments worldwide and over decades, if not centuries, after its publication. For those who turn to Beccaria's work today, the encounter is shaped by that knowledge. Appreciative of his book's dual nature as historical document and repository of ideas, the contributions in this collection address different aspects of the criminal justice theory Beccaria offered his readers and face up to methodological questions raised by (...) meeting a historical text of this kind - unsystematic and by modern standards often under-argued - with modern scholarly conventions in mind. Contributions in the first part of the book engage with Beccaria's 'political theory of criminal justice' through the lenses of political and penal philosophy. How do we get from Beccaria's blending of social-contractarian foundations and proto-utilitarian policy analysis to the concrete set of criminal justice practices Beccaria presents as justified? This leads across to the second part where contributors approach Beccaria's ideas with present-day reforms and developments in mind. Many of his policy proposals and arguments remain significant from our contemporary perspective, their limitations and omissions proving as instructive for the contemporary scholar as their more prescient elements. The third part offers those looking at Beccaria's work today a glimpse into the practical difficulties facing the firebrand author turned public servant during his long career in the Habsburg-Lombardian administration. It puts his work into the broader context of pathways to criminal justice reform in northern Italy, Habsburgian Lombardy, and the Austro-Hungarian Empire in Beccaria's day. (shrink)

This book celebrates Andreas (Andrew) von Hirsch's pioneering contributions to liberal criminal theory. He is particularly noted for reinvigorating desert-based theories of punishment, for his development of principled normative constraints on the enactment of criminal laws, and for helping to bridge the gap between Anglo-American and German criminal law scholarship. Underpinning his work is a deep commitment to a liberal vision of the state. This collection brings together a distinguished group of international authors, who pay tribute to von Hirsch by (...) engaging with topics on which he himself has focused. The essays range across sentencing theory, questions of criminalisation, and the relation between criminal law and the authority of the state. Together, they articulate and defend the ideal of a liberal criminal justice system, and present a fitting accolade to Andreas von Hirsch's scholarly life. (shrink)

What responsibilities, if any, do we have towards our genetic offspring, before or after birth and perhaps even before creation, merely by virtue of the genetic link? What claims, if any, arise from the mere genetic parental relation? Should society through its legal arrangements allow 'fatherless' or 'motherless' children to be born, as the current law on medically assisted reproduction involving gamete donation in some legal systems does? Does the possibility of establishing genetic parentage with practical certainty necessitate reform of (...) current legal regimes of parenthood? And what limits, if any, should we set on parental procreative choices in the interests of future children, particularly with regard to genetic engineering and related techniques? These are the questions explored in this book by some of the foremost legal, bioethical and biomedical thinkers. Assembled with a view to assisting the reader to reflect critically on the ongoing social experiment which medically assisted reproduction is today, the essays in this collection highlight what are - and what else might in the nearby future become - possible reproductive options and respond to the difficulties we encounter in assessing these practices and possibilities from our traditional ethical vantage points. Contributions by: Andrew Bainham, Thomas Baldwin, Lisa Bortolotti, John Harris, Martin H. Johnson, Judith Masson, Martin Richards, Alison Shaw, Sally Sheldon, Bonnie Steinbock and Mary Warnock. (shrink)

Review of Du Bois, Francois and Antje du Bois-Pedain (eds.) Justice and Reconciliation in Post-Apartheid South Africa (Cambridge: Cambridge University Press, 2008).

This paper responds to Antje du-Bois Pedain’s discussion of the wrongfulness constraint on the criminal law. Du-Bois Pedain argues that the constraint is best interpreted as stating that φing is legitimately criminalised only if φing is wrongful for other-regarding reasons. We take issue with du-Bois Pedain’s arguments. In our view, it is neither a necessary nor sufficient condition of legitimate criminalisation that φing is wrongful in du-Bois Pedain’s sense. Rather, it is a necessary condition of (...) legitimate criminalisation that φing is what we call bare wrongful —that is, that the reasons in favour of φing are defeated by the reasons against. Though du-Bois Pedain is critical of this view, we argue that her criticisms do not convince. (shrink)

In the recently published collection, Criminal Law and the Authority of the State, two contributions allude to an analogy with parental authority as a means to a better understanding of the institution of criminal punishment, but reach different conclusions. Malcolm Thorburn uses the parental authority analogy to justify the institution of state punishment as an assertion of robust authority over offenders. Antje du Bois-Pedain uses the same analogy to advocate the idea of punishment as an inclusionary practice, designed (...) to reintegrate offenders into society. I argue that Thorburn’s theory of robust authority is inconsistent if not self-contradictory when it tries to assume a liberal posture, and that du Bois-Pedain’s reintegrative model provides a better account of the justification and objectives of state punishment. (shrink)

In this paper, I provide a thorough discussion and reconstruction of Bernard Bolzano’s theory of grounding and a detailed investigation into the parallels between his concept of grounding and current notions of normal proofs. Grounding (Abfolge) is an objective ground-consequence relation among true propositions that is explanatory in nature. The grounding relation plays a crucial role in Bolzano’s proof-theory, and it is essential for his views on the ideal buildup of scientific theories. Occasionally, similarities have been pointed out between Bolzano’s (...) ideas on grounding and cut-free proofs in Gentzen’s sequent calculus. My thesis is, however, that they bear an even stronger resemblance to the normal natural deduction proofs employed in proof-theoretic semantics in the tradition of Dummett and Prawitz. (shrink)

In this paper we develop a novel propositional semantics based on the framework of branching time. The basic idea is to replace the moment-history pairs employed as parameters of truth in the standard Ockhamist semantics by pairs consisting of a moment and a consistent, downward closed set of so-called transitions. Whereas histories represent complete possible courses of events, sets of transitions can represent incomplete parts thereof as well. Each transition captures one of the alternative immediate future possibilities open at a (...) branching point. The transition semantics exploits the structural resources a branching time structure has to offer and provides a fine-grained picture of the interrelation of modality and time. In addition to temporal and modal operators, a so-called stability operator becomes interpretable as a universal quantifier over the possible future extensions of a given transition set. The stability operator allows us to specify how and how far time has to unfold for the truth value of a sentence at a moment to become settled and enables a perspicuous treatment of future contingents. We show that the semantics developed along those lines generalizes and extends extant approaches: both Peirceanism and Ockhamism can be viewed as limiting cases of the transition approach that build on restricted resources only, and on both accounts, stability collapses into truth. (shrink)

For Seneca, the firmness of the Wise is shown in his ability to remain calm against attacks, as he explains in his treatise of that name. Attacks can come in the form of injustice, iniuria, and disparagement, contumelia; Seneca proves that neither of them affects the wise man. Contumelia is linked to contemptus in definition and conceptualization so that the remarks on how to deal with disparagement contain clues as to what contemptus means for Seneca. The article argues that Seneca (...) understands the term in a double sense: First, contemptus denotes a reprehensible attitude. Second, it designates a kind of indifference which is to be understood in the context of Stoic apatheia. (shrink)

The transition semantics presented in Rumberg (J Log Lang Inf 25(1):77–108, 2016a) constitutes a fine-grained framework for modeling the interrelation of modality and time in branching time structures. In that framework, sentences of the transition language L_t are evaluated on transition structures at pairs consisting of a moment and a set of transitions. In this paper, we provide a class of first-order definable Kripke structures that preserves L_t-validity w.r.t. transition structures. As a consequence, for a certain fragment of L_t, validity (...) w.r.t. transition structures turns out to be axiomatizable. The result is then extended to the entire language L_t by means of a quite natural ‘Henkin move’, i.e. by relaxing the notion of validity to bundled structures. (shrink)

Applied philosophy is experiencing its “golden days,” as Kasper Lippert-Rasmussen says in his insightful introduction to A Companion to Applied Philosophy. Applied philosophy seems to be distinguished from its opposite, pure philosophy, usually understood as traditional philosophy, which deals with subjects such as free will, consciousness, or knowledge in philosophical subdisciplines like ethics, metaphysics, and epistemology. To embrace applied philosophy could thus mean to advocate for a philosophy that deals with questions “relevant to ‘the important questions of everyday life,’” as (...) Leslie Stevenson puts it, as opposed to questions that arise from within the subdisciplines of pure philosophy. (shrink)

Quipus, knotted structures of woollen or cotton cords, were used as a bureaucratic tool in the Inca state. In the absense of a writing system, numerals and possibly other pieces of information were encoded on the quipus by tying knots into elaborately structured coloured cords. Though interpretation of the quipu contents is far from complete, some information on Inca mathematics can be deducted from the analysis of ancient specimen, especially when combined with the results of anthropological and linguistic research in (...) contemporary Andean societies. In this paper, the quipus are introduced, their structure is explained, and some results on mathematical concepts of the Incas are presented based on a comparison of mathematical and anthropological literature on the subject. (shrink)

How is it possible to develop an identity that lives from the meaningful relationship to a concrete tradition without falling into fundamentalist self-closure when trying to maintain this relationship? The present study addresses this question by interpreting Alasdair MacIntyre's traditional concept in response to the lack of orientation in contemporary society. The American philosopher Alasdair MacIntyre assumes that modern societies can only convey identity through the traditions they contain. He defines "tradition" as a discussion about the correct interpretation of the (...) traditional content. MacIntyre sees coexistence in plural societies as a permanent encounter of different, traditional identities that struggle to convince each other of the truthfulness of their own worldview. The consequence is not blind conflict, but rather the acquisition of cultural language skills: Real encounters occur when a tradition learns to understand its counterpart from its genuine perspective. In this way, MacIntyre makes communicative competence the guiding factor of its model. In conversation with Karl Barth's theology, the study further develops this model from a Protestant perspective. Barth is received as the 20th century theologian who most consistently thought of Christian identity in particular terms. Even more than for Barth, the self-assurance of Christian tradition is being put to the test today. The study develops a model of Christian orientation in pluralism, which is based on the interplay of cultural competence and trust in the sustainability of one's own religious identity. (shrink)

This article explores the possibility of resistance under conditions of extreme state power in liberal democracies. It examines the strategies of migrants without legal status who, when threatened with one of the most awesome powers of the liberal state—expulsion—shed their legal identity in order to escape the state’s reach. Remarkably, in doing so, they often succeed in preventing the state from exercising its sovereign powers. The article argues that liberal states are uniquely constrained in their dealing with undocumented migrants. Not (...) only are they forced to operate within the constraints of the international legal order—making repatriation contingent on the possession of identity documents—but the liberal state is also constitutionally limited in its exercise of coercion against the individual. The article concludes that it is those individuals who have the weakest claims against the liberal state that are most able to constrain its exercise of sovereignty. (shrink)

Der Sammelband nimmt erstmalig seit Ende des Kalten Krieges für den deutschsprachigen Raum eine komprimierte Bestandsaufnahme der aktuellen Aktivitäten, rechtlichen Rahmenbedingungen, politischen und militärischen Konfliktlinien und Kooperationsräume sowie weiterführender Trends und Herausforderungen im Weltraum vor. Dabei werden zum einen die rechtlichen, militärischen, wirtschaftlichen und technologischen Herausforderungen des Bedeutungszuwachses dieses strategisch gewichtigen Raumes analysiert. Zum anderen werden Handlungsfähigkeit und -bedarf ausgewählter Weltraummächte, ihre Kooperationsmöglichkeiten und Konfliktpotenziale sowie der internationale politische Regulierungsbedarf herausgearbeitet und darauf aufbauend politische Handlungsempfehlungen dargelegt.,,Eine hervorragend gelungene Bestandsaufnahme der (...) umfassenden Bedeutung des Weltraums." Prof. Dr. Dr. h. c. Karl Kaiser, Harvard University Die Herausgeber PD Dr. Antje Nötzold ist Privatdozentin und wissenschaftliche Mitarbeiterin an der Professur Internationale Politik der TU Chemnitz. Dr. Enrico Fels ist Geschäftsführer des Center for Advanced Security, Strategic and Integration Studies (CASSIS) der Rheinischen Friedrich-Wilhelms-Universität Bonn. Andrea Rotter ist Referatsleiterin für Außen- und Sicherheitspolitik bei einer politischen Stiftung. Dr. Moritz Brake ist Senior Fellow am Center for Advanced Security, Strategic and Integration Studies (CASSIS) und Experte für Maritime Sicherheit und Strategie am German Institute for Defence and Strategic Studies (GIDS) als Reserveoffizier der Deutschen Marine. (shrink)

Digitalization and the development of Artificial Intelligence (AI) will bring about substantial changes in all aspects of life. This happens in a world marked by the poisonous synergy of five Ps, polarization, populism, protectionism, post‐truth, patriarchy, as well as an ambiguous interplay of secularization and new visibility of religion.If development of AI is to be beneficial for people and planet a number of challenges must be met. In this regard, religion‐and‐science dialogue needs improvement in making things not only intellectually but (...) also spiritually fit. Ethics should be involved from the beginning rather than being called upon first when problems arise. Faith communities have a prophetical, diaconal, ethical, and theological role.Based on the characterization of life as a fourfold web of relationality, personal, social, political, as well as global issues are identified and discussed. These include mental health disorders, addiction, manipulation, and self‐exploitation. Reflections on leadership suggest resilience, coexistence, and hope as theological key components for navigating the uncharted realms of the digital age. (shrink)

The internet could be an efficient political instrument if it were seen as part of a democracy where free and open discourse within a vital public sphere plays a decisive role. The model of deliberative democracy, as developed by Jürgen Habermas and Seyla Benhabib, serves this concept of democracy best. The paper explores first the model of deliberative democracy as a ‘two-track model’ in which representative democracy is backed by the public sphere and a developing civil society. Secondly, it outlines (...) the normative concept of the public sphere and its basic ideas, namely the uncoerced communication of equal participants with equal access and equal rights to intervene or propose themes. The third part for discussion shows how the internet could fit into this concept of public sphere and influence the quality of political debates, and emphasizes the important role it can play in the political process. (shrink)

Stress-related psychopathology is on the rise, and there is a pressing need for improved prevention strategies. Positive appraisal style, the tendency to appraise potentially threatening situations in a positive way, has been proposed to act as a key resilience mechanism and therefore offers a potential target for preventive approaches. In this article, we review n = 99 studies investigating associations of positive cognitive reappraisal, an important sub-facet of positive appraisal style, with outcome-based resilience and relevant other outcomes, which are considered (...) resilience-related. According to the studies reviewed, positive cognitive reappraisal moderates the relation between stressors and negative outcomes and is positively related to several resilience-related outcomes. It also mediates between other resilience factors and resilience, suggesting it is a proximal resilience factor. (shrink)

Although there is increasing public criticism of intensive livestock production, the market share of meat with an animal welfare standard exceeding legal requirements remains small. Food retailers, in their role as gatekeepers, can influence changes in production and consumption patterns. Their strategic role between farmers and consumers allows them to control commodity, information and value flow and therefore places them into a key position when it comes to the distribution of meat with a higher animal welfare standard. The aim of (...) this explorative study is to identify factors which motivate food retailers to take on the marketing of products of increased animal welfare standards, in this case, pasture-based beef. Nine in depth-interviews were conducted with representatives of the food retail industry. The interviews took place in June 2018, followed a structured guideline and were transcribed verbatim. The transcripts were categorized and evaluated using qualitative content analysis. Results showed that food retailers are driven by both extrinsic and intrinsic motives. The main extrinsic motive is the perceived customer demand. Consciousness for animal welfare and the regional production cycles, including close connection between farmers and retailers are inherently intrinsic motives. Interestingly, the interviewed retailers show a high personal interest and moral obligation with regard to sourcing and marketing pasture-based beef. As such, this research finds innovative retailers, who take on a new role in sustainable food systems which exceed classical distribution functions and may have a considerable effect in transforming the food system. (shrink)

Indicative conditionals with present tense antecedents can have ‘shifted’ readings that are unexpected given the semantic behavior of the tenses outside of conditionals. In this paper, we compare two accounts of this phenomenon due to Kaufmann (J Semant 22(3):231–280, 2005) and Schulz (SALT XVIII, pp. 694–710, 2008), by reconstructing them in the framework of branching time. We then propose a novel account of indicative conditionals based on the branching time semantics suggested in Rumberg (J Logic Lang Inf 25(1):77–108, 2016), viz. (...) transition semantics. We show that not only is the account of ‘shifted’ readings with present tense antecedents within this semantics very natural, but it also is empirically superior to its rivals in some respects. (shrink)

"As a 'rhetoric of the mean' (mesotes ideal), sensibility provides a positive catalog of emotionalization. This is because ethos as an emotional level is viewed as being able, through gentle emotions, to please, placate and achieve sympathy and virtue (Quintilian). Sensibility in literature creates a bridge between an 'art of the soul' that developed into a major subjective and personal factor in the 18th century and a sense of sociability that aimed to integrate the individual into the community. The goal (...) of this study is to provide, through a structural linking of the ethos of virtue and the 'rhetoric of the mean', a reading of literature of sensibility based on rhetoric and cultural history that can explain both its public success 'with the people' and the reasons for why it failed to meet its own claims."--Publisher's website. (shrink)

Abstract State Machines (ASMs) provide a formal method for transparent design and specification of complex dynamic systems. They combine advantages of informal and formal methods. Applications of this method motivate a number of computability and decidability problems connected to ASMs. Such problems result for example from the area of verifying properties of ASMs. Their high expressive power leads rather directly to undecidability respectively uncomputability results for most interesting problems in the case of unrestricted ASMs. Consequently, it is rather natural to (...) ask whether there exist expressive classes of ASMs for which we can prove positive decidability and computability results. In this work, we introduce such a class of ASMs. The concept is similar to the one of the guarded fragment of first-order logic. We analyze the expressive power of this class and prove that it is stronger than Datalog LITE and the guarded fragment of first-order fixed point logic. Some decidability and computability results have been proven in earlier works. (shrink)

In einer gesteigerten Form der Memento-mori-Dichtung des Barock wurde die menschliche Sterblichkeit durch den Einsatz performativer Strategien für die Zeitgenoss*innen bereits zu Lebzeiten erfahrbar. So waren mahnende und tröstende Tote, die scheinbar direkt aus dem Jenseits zu den Lebenden sprechen, in Begräbnisgedichten und Grabinschriften allgegenwärtig. Ebenso waren Gedichte und Sterbelieder verbreitet, in denen der Sterbeakt performativ durchlebt werden konnte. In der Gegenwart, die sich nach Norbert Elias durch eine Verdrängung der menschlichen Vergänglichkeit zugunsten von Unsterblichkeitsphantasien, und somit einer Vermeidung von (...) Erfahrungen mit der Vergänglichkeit, auszeichnet, gestalten einige deutschsprachige Lyriker*innen moderne Variationen dieses gesteigerten memento mori. In den untersuchten Gedichten von Özlem Özgül Dündar und Günter Kunert werden durch performative Verfahren Konfrontationen mit der eigenen Endlichkeit inszeniert, welche als moderne, säkulare Vergänglichkeitsmahnungen verstanden werden können. (shrink)

Geographisches Denken hat zu jeder Zeit die Vorstellungen der Menschen von der Welt geprägt. Im weiten Spektrum von Landschafts- und Länderkunde, Regional-, Stadt-, Wirtschafts- und Sozialgeographie sind die Zeitebenen allerdings ineinander verschlungen und beeinflussen sich gegenseitig. "Weltbildwechsel" ist eine zeitgemäße Einführung in diese spannende Geschichte des Fachs Geographie.