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Competing Theories Of Blackmail: An Empirical Research Critique Of Criminal Law Theory, Paul H. Robinson, Michael T, Cahill, Daniel M. Bartels 2010 University of Pennsylvania Carey Law School

Competing Theories Of Blackmail: An Empirical Research Critique Of Criminal Law Theory, Paul H. Robinson, Michael T, Cahill, Daniel M. Bartels

Faculty Scholarship at Penn Carey Law

Blackmail, a wonderfully curious offense, is the favorite of clever criminal law theorists. It criminalizes the threat to do something that would not be criminal if one did it. There exists a rich literature on the issue, with many prominent legal scholars offering their accounts. Each theorist has his own explanation as to why the blackmail offense exists. Most theories seek to justify the position that blackmail is a moral wrong and claim to offer an account that reflects widely shared moral intuitions. But the theories make widely varying assertions about what those shared intuitions are, while also lacking any …


Citizenship, In The Immigration Context, Matthew J. Lister 2010 University of Pennsylvania Carey Law School

Citizenship, In The Immigration Context, Matthew J. Lister

Faculty Scholarship at Penn Carey Law

Many international law scholars have begun to argue that the modern world is experiencing a “decline of citizenship,” and that citizenship is no longer an important normative category. On the contrary, this paper argues that citizenship remains an important category and, consequently, one that implicates considerations of justice. I articulate and defend a “civic” notion of citizenship, one based explicitly on political values rather than shared demographic features like nationality, race, or culture. I use this premise to argue that a just citizenship policy requires some form of both the jus soli (citizenship based on location of birth) and the …


Introduction To Logic, Harry Gensler, S.J. 2009 John Carroll University

Introduction To Logic, Harry Gensler, S.J.

Harry J. Gensler, S.J.

This Second Edition arranges chapters in a more useful way for students, starting with the easiest material and then gradually increasing in difficulty. It provides an even broader scope with new chapters on the history of logic, deviant logic, and the philosophy of logic. It also expands the section on informal fallacies and includes a more exhaustive index and a new appendix on suggested further readings. Finally, it includes updates to the LogiCola instructional program, which is now more visually attractive as well as easier to download, install, update, and use.


The Scandal Beneath The Crisis: Getting A View From A Cultural-Moral Mental Model, Kevin Jackson 2009 Selected Works

The Scandal Beneath The Crisis: Getting A View From A Cultural-Moral Mental Model, Kevin Jackson

kjackson@fordham.edu

No abstract provided.


Review Essay: Golden Rule Ethics And The Death Of The Criminal Law's Special Part, Stuart Green 2009 Rutgers Law School-Newark

Review Essay: Golden Rule Ethics And The Death Of The Criminal Law's Special Part, Stuart Green

Stuart Green

This brief review of Crime and Culpability: A Theory of Criminal Law, by Larry Alexander and Kimberly Kessler Ferzan, with Stephen Morse, focuses on the authors’ proposal that the Special Part of the criminal law, the part that identifies and defines specific offenses, be radically stripped down in a manner that is reminiscent of the Golden Rule of Ethics, which, they say, offers a “clear” and “concise” guide to living ethically. Rather than a long list of specific prohibited forms of conduct (“don’t murder,” “don’t rape,” “don’t commit theft,” and the like), they argue, the criminal law should rely on …


Hard Times, Hard Time: Retributive Justice For Unjustly Disadvantaged Offenders, Stuart Green 2009 Rutgers Law School-Newark

Hard Times, Hard Time: Retributive Justice For Unjustly Disadvantaged Offenders, Stuart Green

Stuart Green

Criminological studies consistently indicate that a disproportionate percentage of crimes in our society, both violent and non-violent, are committed by those who are impoverished. If we assume that at least some of the poor who commit crimes are poor because they fail to get from society what they “deserve” in terms of economic or political or social rights, the question arises whether this fact should affect the determination of what such people “deserve” from society in terms of punishment. The question is all the more pressing given recent Census Bureau figures indicating that the economic recession that began in 2008 …


A Reply To Ruiping Fan, Stephen C. Angle 2009 Wesleyan University

A Reply To Ruiping Fan, Stephen C. Angle

Stephen C. Angle

I have been offered the chance for a brief reply to Professor FAN’s response to my review, and would like to make just two points. In the penultimate paragraph of his response, Professor FAN raises the question of the efficacy of Confucian moral commitments in contemporary China, and suggests that we can get evidence of this efficacy by comparing China with Eastern Europe. I agree that such a comparison may be very helpful, but suggest that it cannot be undertaken in a superficial way. For one thing, the differences between the two regions are more complicated than …


Review Of Ruiping Fan- Reconstructionist Confucianism, Stephen C. Angle 2009 Wesleyan University

Review Of Ruiping Fan- Reconstructionist Confucianism, Stephen C. Angle

Stephen C. Angle

Reconstructionist Confucianism is fascinating, provocative, and in several ways novel. It is the first English-language, full-length effort to re-articulate Confucianism so that it speaks to the specific ethical challenges of the contemporary world. Fan’s background as a bioethicist enables him to enter deeply into a series of moral and political issues. Furthermore, FAN’s methodology is distinctive and his conclusions are quite at odds with much that has been written about contemporary Confucianism. As such, the book deserves broad attention: readers with a wide range of backgrounds and research agendas will find stimulating arguments to engage them. Having found …


Wang Yangming As Virtue Ethicist, Stephen C. Angle 2009 Wesleyan University

Wang Yangming As Virtue Ethicist, Stephen C. Angle

Stephen C. Angle

Three ideas are implicit in the title of this chapter. To begin with, it is constructive to view
WANG Yangming 王陽明 (1472-1529), widely acknowledged as the most influential Confucian
thinker of the Ming dynasty, as a virtue ethicist. Second, because Wang has much in common with many other Neo-Confucian philosophers, the Neo-Confucian approach to ethics quite generally can be fruitfully understood as a type of virtue ethics. If this is true, then a third idea also follows, namely that Western virtue ethicists should pay attention to Wang and to Neo- Confucian philosophy, because here is a new (to the …


Rethinking Confucian Authority And Rejecting Confucian Authoritarianism, Stephen C. Angle 2009 Wesleyan University

Rethinking Confucian Authority And Rejecting Confucian Authoritarianism, Stephen C. Angle

Stephen C. Angle

Early Confucianism saw "Tian" 天 or Heaven as the source of authority, as kings ruled in accord with its "mandate." The clearest communication of Tian's intentions comes through the actions of the "people" (min 民), whose well beingthus forms the bedrock of Confucian politics. The essay begins by rehearsing the strengths and the limitations of such a framework, as well as pointing to a tnesion concerning the status of "the people" that runs throughout traditional Confucianism. Next, I analyze Kang Xiaoguang's 康小光 contemporary Chinese effort to justify an authoritarian state by means of an only modestly revised version of …


Rethinking Confucian Authority And Rejecting Confucian Authoritarianism, Stephen C. Angle 2009 Wesleyan University

Rethinking Confucian Authority And Rejecting Confucian Authoritarianism, Stephen C. Angle

Stephen C. Angle

Early Confucianism saw "Tian" 天 or Heaven as the source of authority, as kings ruled in accord with its "mandate." The clearest communication of Tian's intentions comes through the actions of the "people" (min 民), whose well beingthus forms the bedrock of Confucian politics. The essay begins by rehearsing the strengths and the limitations of such a framework, as well as pointing to a tnesion concerning the status of "the people" that runs throughout traditional Confucianism. Next, I analyze Kang Xiaoguang's 康小光 contemporary Chinese effort to justify an authoritarian state by means of an only modestly revised version of …


Wang Yangming As Virtue Ethicist, Stephen C. Angle 2009 Wesleyan University

Wang Yangming As Virtue Ethicist, Stephen C. Angle

Stephen C. Angle

Three ideas are implicit in the title of this chapter. To begin with, it is constructive to view
WANG Yangming 王陽明 (1472-1529), widely acknowledged as the most influential Confucian
thinker of the Ming dynasty, as a virtue ethicist. Second, because Wang has much in common with many other Neo-Confucian philosophers, the Neo-Confucian approach to ethics quite generally can be fruitfully understood as a type of virtue ethics. If this is true, then a third idea also follows, namely that Western virtue ethicists should pay attention to Wang and to Neo- Confucian philosophy, because here is a new (to the …


Reason And Desire: The Case Of Affective Desires, Attila Tanyi 2009 University of Liverpool

Reason And Desire: The Case Of Affective Desires, Attila Tanyi

Attila Tanyi

The paper begins with an objection to the Desire-Based Reasons Model. The argument from reason-based desires holds that since desires are based on reasons (first premise), which they transmit but to which they cannot add (second premise), they cannot themselves provide reasons for action. In the paper I investigate an attack that has recently been launched against the first premise of this argument by Ruth Chang. Chang invokes a counterexample: affective desires. The aim of the paper is to see if there is a way to accommodate the counterexample to the first premise. I investigate three strategies. I first deal …


Sulle Basi Motivazionali Delle Lotte Sociali. Honneth Versus Fraser, In "Iride", Xxiii, N. 60 (2010), Pp. 448-452., Marco Solinas 2009 Florence University

Sulle Basi Motivazionali Delle Lotte Sociali. Honneth Versus Fraser, In "Iride", Xxiii, N. 60 (2010), Pp. 448-452., Marco Solinas

Marco Solinas

No abstract provided.


Vite Svuotate. Per Una Critica Dell’Impatto Psicosociale Del Capitalismo Contemporaneo, In "Costruzioni Psicoanalitiche", X, N. 20 (2010), Pp. 71-81., Marco Solinas 2009 Florence University

Vite Svuotate. Per Una Critica Dell’Impatto Psicosociale Del Capitalismo Contemporaneo, In "Costruzioni Psicoanalitiche", X, N. 20 (2010), Pp. 71-81., Marco Solinas

Marco Solinas

Il saggio mira a individuare e delucidare alcuni nessi causali tra il concomitante incremento dei fenomeni depressivi, non solo in senso strettamente clinico, e l’affermazione del nuovo modello capitalistico avvenuto nei paesi occidentali dai primi anni settanta ad oggi. Oltre che sul meccanismo della flessibilità del mercato del lavoro, si insiste in particolare sulle dinamiche paradossali delle istanze etiche e morali della nuova configurazione ideologica. Ricorrendo anche alla categoria di egemonia, vengono da ultimo approntati degli strumenti teorici finalizzati a riattivare i potenziali emancipativi frustrati nella sofferenza sociale di natura depressiva e regressiva. The paper aims to single out and …


Die Melancholie, Der Geist Des Kapitalismus Und Die Depression, In "Freie Assoziation", 13, N. 4 (2010), S. 79-99., Marco Solinas 2009 Florence University

Die Melancholie, Der Geist Des Kapitalismus Und Die Depression, In "Freie Assoziation", 13, N. 4 (2010), S. 79-99., Marco Solinas

Marco Solinas

Der Aufsatz zielt darauf, der Prozess der historischen Überlagerung, Substitution und Verbreitung des theoretischen Paradigmas der Depression gegenüber jenem der Melancholie darzustellen. Im ersten Teil wird versucht, einige der einschneidenden Eigenschaften der Thematisierungen der Melancholie in der Frühen Neuzeit anzugeben, auch im Verhältnis zum Geist des Kapitalismus. Nachdem eine Skizze der Entstehung der moderne Kategorie der Depression, geht es darum, den Verlauf nachzuzeichnen, der im 20. Jahrhundert zu ihrer Transformation in ein weitläufiges theoretisches Paradigma geführt hat, das schließlich jenes der Melancholie ersetzt hat. Der zweite Teil stellt den Versuch dar, eine Zeitdiagnose umzureißen: An dieser Stelle ist die psychosoziale …


Axel Honneth, "Capitalismo E Riconoscimento", Edited And Translated By Marco Solinas, Firenze: Firenze University Press, 2010., Marco Solinas 2009 Florence University

Axel Honneth, "Capitalismo E Riconoscimento", Edited And Translated By Marco Solinas, Firenze: Firenze University Press, 2010., Marco Solinas

Marco Solinas

Capitalismo e riconoscimento" presenta, in cinque saggi per la prima volta raccolti insieme e tradotti in italiano, una densa e pregnante analisi di taluni cruciali processi socio-strutturali, morali e normativi delle società capitalistiche contemporanee dalla prospettiva delle dinamiche del reciproco riconoscimento e del disrispetto concernenti la sfera del lavoro. Particolare attenzione è dedicata ai paradossali rovesciamenti delle istanze di autorealizzazione, autonomia e responsabilità personale registratisi negli ultimi decenni nel quadro di un mercato del lavoro sempre più deregolato.


Confucianism On The Comeback: Current Trends In Culture, Values, Politics, And Economy, Stephen C. Angle 2009 Wesleyan University

Confucianism On The Comeback: Current Trends In Culture, Values, Politics, And Economy, Stephen C. Angle

Stephen C. Angle

There is ample evidence that Confucianism is undergoing a multi-faceted revival in contemporary China. We see this in government slogans, in a runaway best-seller on the Analects, in educational experiments, and in academic activities. There are many motivations for the renewed interest in Confucianism and many different ways that self- avowed proponents of Confucianism understand their ultimate goals. As we seek to understand and teach about China, we need to keep these complexities in mind as we convey the multiple sides of a rapidly changing society. 


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