The Concept of Law is one of the most influential texts in English-language jurisprudence. 50 years after its first publication its relevance has not diminished and in this third edition, Leslie Green adds an introduction that places the book in a contemporary context, highlighting key questions about Hart's arguments and outlining the main debates it has prompted in the field. The complete text of the second edition is replicated here, including Hart's Postscript, with fully updated notes to include modern references (...) and further reading. (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 his introduction to these closely linked essays Professor Hart offers both an exposition and a critical assessment of some central issues in jurisprudence and political theory. Some of the essays touch on themes to which little attention has been paid, such as Bentham's identification of the forms of mysitification protecting the law from criticism; his relation to Beccaria; and his conversion to democratic radicalism and a passionate admiration for the United States.

An updated and extended second edition supporting the findings of its well-known predecessor which claimed that courts employ common-sense notions of causation in determining legal responsibility.

Historically, laws and policies to criminalize drug use or possession were rooted in explicit racism, and they continue to wreak havoc on certain racialized communities. We are a group of bioethicists, drug experts, legal scholars, criminal justice researchers, sociologists, psychologists, and other allied professionals who have come together in support of a policy proposal that is evidence-based and ethically recommended. We call for the immediate decriminalization of all so-called recreational drugs and, ultimately, for their timely and appropriate legal regulation. We (...) also call for criminal convictions for nonviolent offenses pertaining to the use or possession of small quantities of such drugs to be expunged, and for those currently serving time for these offenses to be released. In effect, we call for an end to the “war on drugs.”. (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)

This important collection of essays includes Professor Hart's first defense of legal positivism; his discussion of the distinctive teaching of American and Scandinavian jurisprudence; an examination of theories of basic human rights and the notion of "social solidarity," and essays on Jhering, Kelsen, Holmes, and Lon Fuller.

A Husserl-based social ethics is within the noetic-noematic field as disclosed through various reductions. The focus is how at the passive and active levels a bsic sense of will is in play as well as the "telos" of subjectivity in terms of both a "godly" intersubjective ideal "we". This is inseparable form the disclosure of the full sense of person through an "absolute ought" and the "truth of will" wherein the common world and common goods are tied to an ideal (...) community as a person of a higher order. (shrink)

This study is an unusual contribution to the philosophy of mind in that it argues for the sometimes unfashionable view of dualism: that mind and matter are distinct and separate entities as Descartes believed. The author takes as his point of departure the imaginative hypothesis of disembodiment, which establishes the possibility of the mind's being a quite non-material thing. There are clear casual correlations between what is physical and what is mental, and the most serious issue confronting dualism since Descartes (...) has been how such an interaction is possible. Dr Hart sets out to answer this question by showing that the issue is as much about the nature of causation as it is about the natures of mind and matter. (shrink)

In this long-awaited work, Ray L. Hart offers a speculative theology that profoundly challenges traditional understandings of God. Drawing on a lifetime of reading in philosophy and religious thought, Hart unfolds a vision of God perpetually in process: an unfinished God. Breaking out of the classical doctrine of divine persons, Hart reimagines Trinity as composed of theogony, cosmogony, and anthropogony an emerging Godhead in relation to origins, temporal creation, and human existence. The book s ultimate import is that all of (...) Being and Nonbeing emerges together in interrelation and interdependence. This divine reality, Hart explains, is unfinished, imperfect, still in the course of a living-dying process that implicates all things, existent and inexistent, temporal and eternal. Doctrinal closuresomething that every orthodox theology requiresthus becomes impossible, and rightly so. Hart confronts those orthodoxies by asking: How can thinking of God reach closure when the divine is itself unfinished and its appearance to us always amounts to new creation? Hart s insights open the potencies of the nothing to the actualization of freedomthe freedom to create. That is, the nothing is not for nothingit is procreative. In the domain of radical speculative theology, then, Hart offers a fully deconstructive revisioning of the Christian God as ever an emerging and self-transfiguring actuality. It is a work with which all serious students of theology will wish to contend.". (shrink)

_A stunning reexamination of one of the essential tenets of Christian belief from one of the most provocative and admired writers on religion today__ “A scathing, vigorous, eloquent attack on those who hold that that there is such a thing as eternal damnation.”—Karen Kilby, _Commonweal___ “[A] provocative, informative treatise.... [Hart’s] resounding challenge to orthodox Christian views on hell and his defense of God’s ultimate goodness will prove convincing and inspiring to the open-minded.”—_Publishers Weekly_ (starred review)_ The great fourth-century church father (...) Basil of Caesarea once observed that, in his time, most Christians believed that hell was not everlasting, and that all would eventually attain salvation. But today, this view is no longer prevalent within Christian communities. In this momentous book, David Bentley Hart makes the case that nearly two millennia of dogmatic tradition have misled readers on the crucial matter of universal salvation. On the basis of the earliest Christian writings, theological tradition, scripture, and logic, Hart argues that if God is the good creator of all, he is the savior of all, without fail. And if he is not the savior of all, the Kingdom is only a dream, and creation something considerably worse than a nightmare. But it is not so. There is no such thing as eternal damnation; all will be saved. With great rhetorical power, wit, and emotional range, Hart offers a new perspective on one of Christianity’s most important themes. (shrink)

ABSTRACT Limited aggregationists argue that when deciding between competing claims to aid we are sometimes required and sometimes forbidden from aggregating weaker claims to outweigh stronger claims. Joe Horton presents a ‘fatal dilemma’ for these views. Views that land on the First Horn of his dilemma suggest that a previously losing group strengthened by fewer and weaker claims can be more choice-worthy than the previously winning group strengthened by more and stronger claims. Views that land on the Second Horn suggest (...) that combining two losing groups together and two winning groups together can turn the losing groups into the winning groups and the winning groups into the losing groups. This paper demonstrates that the ‘fatal dilemma’ is neither fatal nor a dilemma. The First Horn is devastating but avoidable and the Second Horn is unavoidable but not devastating. Nevertheless, Horton’s argument does help to narrow down the acceptable range of views. (shrink)

_A world-renowned philosopher’s genre-defying exploration of the mystery of consciousness__ “[A] masterpiece.... The most thorough and rigorous account of the nature of reality to be published in a century.”—James Matthew Wilson, _World Magazine__ In a blossoming garden located far outside all worlds, a group of aging Greek gods have gathered to discuss the nature of existence, the mystery of mind, and whether there is a transcendent God from whom all things come. Turning to Eros, Psyche asks, “Do you see this (...) flower, my love?” So begins David Bentley Hart’s unprecedented exploration of the mystery of consciousness. Writing in the form of a Platonic dialogue, he systematically subjects the mechanical view of nature that has prevailed in Western culture for four centuries to dialectical interrogation. Powerfully rehabilitating a classical view in which mental acts are irreducible to material causes, he argues through the gods’ exchanges that the foundation of all reality is spiritual or mental rather than material. The structures of mind, organic life, and even language together attest to an infinite act of intelligence in all things that we may as well call God. Engaging contemporary debates on the philosophy of mind, free will, revolutions in physics and biology, the history of science, computational models of mind, artificial intelligence, information theory, linguistics, cultural disenchantment, and the metaphysics of nature, Hart calls readers back to an enchanted world in which nature is the residence of mysterious and vital intelligences. He suggests that there is a very special wisdom to be gained when we, in Psyche’s words, “devote more time to the contemplation of living things and less to the fabrication of machines.”. (shrink)

Sometimes we must choose between competing claims to aid or assistance, and sometimes those competing claims differ in strength and quantity. In such cases, we must decide whether the claims on each opposing side can be aggregated. Relevance views argue that a set of claims can be aggregated only if they are sufficiently strong (compared to the claims with which they compete) to be morally relevant to the decision. Relevance views come in two flavours: Local Relevance and Global Relevance. This (...) paper presents a trilemma for both. Namely, that neither view can capture our intuition in tie-break cases, without forfeiting our intuitions in other important cases. The paper then presents a way to salvage relevance views and capture all our intuitions using a Hybrid view. By distinguishing between two types of relevance we can combine the strengths of Local and Global Relevance views such that we can hold all our intuitions, consistently and in a non-ad-hoc manner. Building on this, the paper demonstrates how we might amend the strongest formulation of a Relevance view, into a Hybrid account. The main focus of this paper is to develop a relevance view that can capture all the intuitions we have; however deeper justifications will still be needed for a full account of any relevance view. Thus, the end of the paper briefly considers what deeper justification might support the Hybrid view, indicating the direction such literature might go. Lastly, the paper considers the advantages of this view over a rival Hybrid view. (shrink)

In this introductory paper I shall try to do three things which I hope may serve to guide without in any way restricting later discussions. First I shall consider certain difficulties in identifyin...

Roger White argued for a principle of indifference. Hart and Titelbaum showed that White’s argument relied on an intuition about conditioning on biconditionals that, while widely shared, is incorrect. Hawthorne, Landes, Wallmann, and Williamson argue for a principle of indifference. Remarkably, their argument relies on the same faulty intuition. We explain their intuition, explain why it’s faulty, and show how it generates their principle of indifference. 1Introduction 2El Caminos and Indifference 2.1Overview 2.2Fins and antennas 2.3HLWW in the example 2.4The restrictiveness (...) of Condition 2 2.5Summary 3The Specifics of HLWW s Argument 3.1Mapping their conditions to our equations 3.2HLWW’s responses to objections. (shrink)

The UK government has recently committed to adopting a new policy—dubbed ‘Martha’s Rule’—which has been characterised as providing patients the right to rapidly access a second clinical opinion in urgent or contested cases. Support for the rule emerged following the death of Martha Mills in 2021, after doctors failed to admit her to intensive care despite concerns raised by her parents. We argue that framing this issue in terms of patient rights is not productive, and should be avoided. Insofar as (...) the ultimate goal of Martha’s Rule is the provision of a clinical service that protects patient safety, an approach that focuses on the obligations of the health system—rather than the individual rights of patients—will better serve this goal. We outline an alternative approach that situates rapid clinical review as part of a suite of services aimed at enhancing and protecting patient care. This approach would make greater progress towards addressing the difficult systemic issues that Martha’s Rule does not, while also better engaging with the constraints of clinical practice. (shrink)

In their upcoming article, Henk Jasper van Gils-Schmidt and Sabine Salloch highlight the supposed responsibilities of healthcare professionals in addressing the global health challenges posed by climate change. They argue that healthcare professionals’ duties to future generations and their ‘climate-related obligations’ have been neglected, primarily due to potential conflicts with other responsibilities, such as providing optimal care to current patients and maintaining patient trust. The authors suggest that these competing obligations should be viewed as part of the multifaceted identities individuals (...) hold, encompassing roles as both physicians and environmentalists, each with normative and competing commitments. They propose that a transformative shift in physicians’ professional ethos, expanding from the predominant focus on individual patients to include obligations towards climate protection, could pave the way for identifying effective mechanisms to address these challenges. While acknowledging the authors’ emphasis on sustainable healthcare practices, we argue that a duty to climate protection as part of healthcare professionals’ identity lacks ethical support. We identify serious concerns that stem from the transformative shift in physicians’ professional ethos, particularly in the authors’ presentation of reasons for action. First, envisaging a stable disposition that compels healthcare professionals to ensure optimal care conditions for both immediate and potential future encounters is unrealistic. Such a scenario would necessitate a nuanced and multifaceted evaluation, weighing …. (shrink)

This volume offers a selection of the most interesting and important work from recent years in the philosophy of mathematics, which has always been closely linked to, and has exerted a significant influence upon, the main stream of analytical philosophy. The issues discussed are of interest throughout philosophy, and no mathematical expertise is required of the reader. Contributors include W.V. Quine, W.D. Hart, Michael Dummett, Charles Parsons, Paul Benacerraf, Penelope Maddy, W.W. Tait, Hilary Putnam, George Boolos, Daniel Isaacson, Stewart Shapiro, (...) and Hartry Field. (shrink)

_From one of the most revered scholars of religion, an incisive explanation of how the word “God” functions in the world’s great faiths_ Despite the recent ferocious public debate about belief, the concept most central to the discussion—God—frequently remains vaguely and obscurely described. Are those engaged in these arguments even talking about the same thing? In a wide-ranging response to this confusion, esteemed scholar David Bentley Hart pursues a clarification of how the word “God” functions in the world’s great theistic (...) faiths. Ranging broadly across Judaism, Christianity, Islam, Vedantic and Bhaktic Hinduism, Sikhism, and Buddhism, Hart explores how these great intellectual traditions treat humanity’s knowledge of the divine mysteries. Constructing his argument around three principal metaphysical “moments”—being, consciousness, and bliss—the author demonstrates an essential continuity between our fundamental experience of reality and the ultimate reality to which that experience inevitably points. Thoroughly dismissing such blatant misconceptions as the deists' concept of God, as well as the fundamentalist view of the Bible as an objective historical record, Hart provides a welcome antidote to simplistic manifestoes. In doing so, he plumbs the depths of humanity’s experience of the world as powerful evidence for the reality of God and captures the beauty and poetry of traditional reflection upon the divine. (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)

This unique volume will appeal to those interested in the philosophy of mind, cognitive science, and artificial intelligence as well as students of Castaneda and Latin American philosophy.

This book represents the most comprehensive attempt to date to explore and test Derrida's contribution and influence on the study of theology, biblical studies, and the philosophy of religion. Over the course of the last decade, the writings of Derrida and the key concepts that emerge from his work such as the gift, apocalypse, hospitality, and messianism have wrought far-reaching and irresistible changes in the way that scholars approach biblical texts, comparative religious studies, and religious violence, for instance, as well (...) as the way they understand basic religious themes as myth, creation, forgiveness, one-ness, and multiplicity. In addition to original contributions from over twenty highly-regarded scholars including John Caputo, Daniel Boyarin, Edith Wyschogrod, Tim Beal, and Gil Anidjar, the volume opens with a lengthy interview with Derrida. (shrink)

This article examines the concurrent validity of the Kinder, Lydenberg, Domini Research & Analytics corporate social performance measures. Because KLD changed its evaluation methods to richer approaches, a new look at the concurrent validity of the indicators is necessary. To do this new look, the authors examine the new “Binary” and “Continuous” versions of the KLD and compare them with previous versions of KLD. The results suggest that the continuous scores provide better measurement characteristics than do the binary version. Overall, (...) the new versions of the KLD data demonstrate concurrent validity with the original version. (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.

Impermissivists hold that an agent with a given body of evidence has at most one rationally permitted attitude that she should adopt towards any particular proposition. Permissivists deny this, often motivating permissivism by describing scenarios that pump our intuitions that the agent could reasonably take one of several attitudes toward some proposition. We criticize the following impermissivist response: while it seems like any of that range of attitudes is permissible, what is actually required is the single broad attitude that encompasses (...) all of these single attitudes. While this might seem like an easy way to win over permissivists, we argue that this impermissivist response leads to an indefensible epistemology; permissive intuitions are not so easily co-opted. (shrink)

Unarguably, Jean-Luc Marion is the leading figure in French phenomenology as well as one of the proponents of the so-called “theological turn” in European philosophy. In this volume, Kevin Hart has assembled a stellar group of philosophers and theologians from the United States, Britain, France, and Australia to examine Marion's work—especially his later work—from a variety of perspectives. The resulting volume is an indispensable resource for scholars working at the intersection of philosophy and theology. “This is a ground-breaking book by (...) leading continental thinkers on one of the most pioneering and controversial voices to emerge in French thought in decades. This volume addresses the lynch-pin of Marion's thought—the point where philosophy and theology, gift and revelation, impossibility and grace, intersect in fascinating and arresting ways. Kevin Hart, as editor, assembles and conducts a magisterial intellectual orchestra.” —Richard Kearney, Boston College “The collective strength of these exceptionally high-quality essays is the authors’ diversity of reflection on the relation of phenomenology to theology. Readers new to Marion will find their way into the _corpus_ and those already familiar with Marion’s work will encounter stimulating interpretations, challenges, and defenses. Valuable, too, are Hart’s introduction to Marion as phenomenologist and Marion’s defense of the saturated phenomenon that bookend the volume.” —Merold Westphal, Fordham University “As a sophisticated engagement with the question of Marion’s relation to Christian theology specifically, and as a general response to Marion’s work as a whole, _Counter-Experiences_ is an undeniable success. The authors treat Marion’s texts carefully, bring impressive intellectual force to their task, and provide rich documentation in the strongest volume of work on Marion’s thought yet to appear in English.” —Jeffrey Bloechl, College of the Holy Cross. (shrink)

First, this collection seeks to examine exactly what Levinass writings mean for both Jews and Christians. Second, it takes a snapshot of the current state of Jewish-Christian dialogue, using Levinas as the rationale for the discussion. Three generations of Levinas scholars are represented. Contributors: Leora Batnitzky, Jeffrey Bloechl, Richard A. Cohen, Paul Franks, Robert Gibbs, Kevin Hart, Dana Hollander, Robyn Horner, Jeffrey L. Kosky, Jean-Luc Marion, Michael Purcell, Michael A. Signer, Merold Westphal, Elliott R. Wolfson, Edith Wyschogrod.

As both human longevity and diagnostic ability improve, more individuals are being diagnosed with Alzheimer’s dementia disease (Alzheimer’s). Yet there is a paucity of new Alzheimer’s research trials. One obstacle to research is the large number of Alzheimer’s patients deemed incapable of providing informed consent for clinical research. Research advance directives (RADs) offer patients the opportunity to provide informed consent before incapacity occurs. However, critics question whether RADs guarantee informed consent, claiming that due to the nature of the disease, the (...) consenting agent is no longer the same person after becoming incapacitated. This paper assesses the debate while using a conception of personhood, informed by the latest Alzheimer’s research, which does not reduce the concept of personhood to psychological capacities. It explains how personal identity can persist despite Alzheimer’s, such that RADs can and should suffice for informed consent. (shrink)

Currently, in the United States, there is no legal obligation for medical professionals or civil courts to uphold patients’ Advance Directives (ADs) regarding end-of-life care. The applicability and standing of ADs prepared by Alzheimer’s patients is a persistent issue in bioethics. Those who argue against giving ADs full status take two main approaches: (1) appealing to beneficence on behalf of the Alzheimer’s patient and (2) claiming that there is no longer any personal equivalence between the AD’s creator and the subject (...) of the AD. In this paper, I present profound arguments against both approaches. Firstly, I argue that the principle of beneficence cannot apply in the case of Alzheimer’s patients, and, secondly, that the moral and legal authority of the AD need not depend on strict equivalence of personal identity. I conclude by arguing that valid ADs protect the dignity and autonomy of Alzheimer’s patients and that, therefore, there are moral obligations to uphold ADs which should be reflected in public policy and legislation. (shrink)

What did Jesus mean by the expression, the Kingdom of God? As an answer, Kevin Hart sketches a "phenomenology of the Christ" that explores the unique way Jesus performs phenomenology. According to Hart, philosophers and theologians continually reinterpret Jesus’s teaching of the Kingdom so that there are effectively many Kingdoms of God. Working in, while also displacing, a tradition inaugurated by Husserl and continued by philosophers such as Heidegger, Marion, and Lacoste, Hart puts forward a new phenomenology of religion that (...) claims that ethics and religion are not always unified or continuous. (shrink)

Roger White objects to interval-valued credence theories because they produce a counterintuitive “dilation” effect in a story he calls the Coin Game. We respond that results in the Coin Game were bound to be counterintuitive anyway, because the story involves an agent who learns a biconditional. Biconditional updates produce surprising results whether the credences involved are ranged or precise, so White's story is no counterexample to ranged credence theories.

In his article, Johannes Kneiss, argues convincingly that a generational ban of smoking need not necessarily disadvantage, or treat as moral unequals, future generations. While a ban need not be inegalitarian in these particular ways, we argue that this is insufficient to establish a ban to be appropriately relationally egalitarian. In what follows, we raise a couple of other issues that we would like to see addressed before we can be confident in such a law. First, it remains underexplored, whether (...) current generations would be disadvantaged or treated as moral unequals by a ban. Plausibly, being excluded from the ban could show insufficient concern for current generations. By not acting paternalistically towards them, current generations miss out on the health benefits afforded to the young, which might display a greater valuing of younger lives than older lives. Kneiss briefly considers this objection, but quickly dismisses it: “given that some existing smokers strongly wish to retain the option to smoke, […] a ban across the board cannot be said to advance their interests, as conceived by these smokers themselves”.1 However, in our view, this is too quick. Appealing to the smokers’ own conceptions of their interests to establish their interests presumes that the smokers know what is in their …. (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.

In recent years there have been evergrowing concerns regarding environmental decline, causing some companies to focus on the implementation of environmentally friendly supply, production and distribution systems. Such concern may stem either from the set of beliefs and values of the company's management or from certain pressure exerted by the market - consumers and institutions - in the belief that an environmentally respectful management policy will contribute to the transmission of a positive image of the company and its products. Sometimes, (...) however, ethics and market rules are not enough to deal with this situation and specific laws must be considered. This is the case when companies base their activity on the 'ethics of self-interest' concentrating their efforts on projecting an adequate image - e.g. environmental respect - rather than fundamentally behaving in environmentally respectful ways. This article, taking as reference the SME context, discusses the reasons for implementing environmentally friendly systems. Both ethics and business seem to be relevant and, therefore, a certain balance between market and interventionism seems to be necessary. (shrink)