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.

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.

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)

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.

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)

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)

Quelle différence y a-t-il entre des règles de droit et des ordres appuyés de menaces? Qu'est-ce qu'une obligation juridique et en quoi se trouve-t-elle apparentée à une obligation morale? Quelle est la nature des règles et dans quelle mesure le droit consiste-t-il en des règles? Qu'est-ce que la justice et en quoi diffère-t-elle du reste de la morale?Au cours d'une discussion approfondie et séparée de ces problèmes récurrents, l'auteur relève une série d'éléments d'une importance essentielle pour la compréhension du droit, (...) et réalise un nouveau départ dans la théorie du droit. L'ouvrage comporte une nouvelle analyse des notions de validité juridique, de souveraineté, et de fondement d'un système juridique, un nouvel examen du droit naturel et du positivisme juridique, une discussion originale des limites du formalisme dans l'élaboration de la décision judiciaire, et un examen de la nature du droit international.Le texte est complété par des notes bibliographiques détaillées et la discussion de thèses émises par des auteurs contemporains et plus anciens. Cette deuxième édition s'accompagne en outre d'une postface posthume, publiée sous la responsabilité de P.A. Bulloch et J. Raz. (shrink)

After reporting in detail Aristotle’s texts and comments on the well-known motion paradoxes Arrow, Dichotomy, Achilles and Stadium, tracking back to the 5th century BCE and credited by Aristotle to Zeno of Elea, we next explain and dis-cuss traditional continuous solutions of the paradoxes, based on Cauchy’s limit concept. Afterward, the heated philosophical debate on supertasks and infinity machines is reported before the paradoxes are examined within the context of modern quantum theory. Already in 1905, Einstein concluded that matter could (...) not be a continuous thing. Classical continuous spacetime is replaced by ‘granular’ spacetime, and the concept of distance in granular spacetime is discussed. This is followed by a detailed presentation of modern discrete solutions in granular spacetime, several of which are published here for the first time. Finally, a procedure is presented to determine when traditional continuous methods suffice instead of discrete methods, and the handling of discrete versus continuous in physics is briefly reported. (shrink)