Leo Zaibert
Biographic Data
| ID | 3500223 |
|---|---|
| NAME | Leo Zaibert |
| GIVEN NAMES | Leo |
| FAMILY NAME | Zaibert |
| SIGNATURE | ZAIBERT L |
| AFFILIATIONS | Union College |
| ORCID | 0000-0002-0921-2777 |
| VERIFIED | Yes |
| TOTAL WORKS | 17 |
| TOTAL CITATIONS | 14 |
| WORKS AS AUTHOR | 16 |
| WORKS AS EDITOR | 1 |
| FIRST PUBLICATION YEAR | 1998 |
| LATEST PUBLICATION YEAR | 2023 |
| H-INDEX | 2 |
The Non-Political Foundations of the Problem of Dirty Hands
Michael Walzer's "Political Action: The Problem of Dirty Hands" (Walzer 1973) is truly memorable.Brimming with the type of intelligence and the substantive saturation that is rare in ordinary contributions, Walzer's article continues to reward, rereading after rereading.Whether or not commemorating single articles is a frequent phenomenon, I am convinced that this article deserves such commemoration, and I am honored to be a part of it.With both …
Figuring Things Out, Morally Speaking
The appeal of the moral principle according to which we should treat like cases alike is so great that it verges on the axiomatic, or on the platitudinous. Recently, however, the principle has been challenged in deeply interesting ways. These ways are interesting because they do not invite skepticism about morality at large, but about the specific claim that what is good (or bad) for an agent in a given situation must be good (or bad) for any oth…
La justificación del castigo, la complejidad de la vida moral y los cambios de paradigma
On the Matter of Suffering
The Theory and Practice of Ontology
This book provides close examination of ontology and the work of Professor Barry Smith, one of the most prolific philosophers of the modern day. In this book numerous scholars who have collaborated wi
Punishment and Retribution
Discussions of punishment typically assume that punishment is criminal punishment carried out by the State. Punishment is, however, a richer phenomenon and it occurs in many contexts. This book contains a general account of punishment which overcomes the difficulties of competing accounts. Recognizing punishment's manifoldness is valuable not merely in contributing to conceptual clarity, but in that this recognition sheds light on the complicated…
Theory and Practice of Ontology
Rules, Games, and the Axiological Foundations of (International) Criminal Law
International law has often been seen with scepticism, at least when contrasted against domestic law. International criminal law may suffer the same fate unless we reject a certain tendency to understand the role and functioning of any legal system in reductive and mechanistic terms. This tendency – a remnant from positivism – sees the law as modelled on games, and on their constitutive rules. I examine here a defense of this positivistic, narrow…
La justificación de la pena
The traditional approach to the problem of the justification of punishment suffers from an exaggerated axiological narrowness. The central concern has always surrounded the question as to whether or not a certain punishment is permissible. There is no doubt that this is an important problem, although it is not the only problem. Punishments that we may be permitted in inflicting can also be indecent or repugnant – and the analysis of these importa…
Jeffrey Blustein, Forgiveness and Remembrance
Why Compare? Comments on Kevin Jon Heller and Markus D Dubber’s The Handbook of Comparative Criminal Law
In this review essay, I welcome the publication of this much-needed Handbook. Comparative criminal law has not received, in the anglophone traditions, the attention that it deserves, and this Handbook is an important corrective. But I also take the opportunity to discuss some dangers inherent in any comparativist enterprise, and suggest that some of these dangers are present in the editor approach to comparative criminal law
A Non-Aretaic Return to Aristotle
This article criticizes the recent “aretaic-turn” in legal theory. Within Criminal law theory, the main concern of aretaic theorists is culpability, and their main source of inspiration is Aristotle’s virtue ethics. Too focused on Aristotle’s virtue ethics, however, aretaic theorists fail to consider Aristotle’s views on culpability proper. Aristotle himself did not turn to virtue ethics when he discussed culpability; and thus I suggest that Aris…
The Varieties of Normativity
Prolegomenon to a Theory of Punishment
The expression “Theory of Punishment” is rather obscure; typically conflating two different enterprises: first, a purely descriptive enterprise which seeks to define punishment, and, second, a normative enterprise which seeks to justify punishment. While some authors have asserted that these two enterprises are inescapably linked, others have tried to keep them distinct. I think that the latter approach is on the right track, but that its propone…
Collective Intentions and Collective Intentionality
John Searle believes that collective intentions are crucial to his philosophy, but he is yet to present a coherent account of these entities. No account whatsoever of collective intentions is presented in the book where Searle needs them the most (The Construction of Social Reality), or, for that matter, in any other of Searle's major books. The only account, and a defective one at that (so I argue), is found in a short, somewhat obscure article …
Rationality in Action
John Searle's forthcoming book 'Rationality in Action' presents a sophisticated and innovative account of the rationality of action. In the book Searle argues against what he calls the classical model of rationality. In the debate that follows Barry Smith challenges some implications of Searle's account. In particular, Smith suggests that Searle's distinction between observer-relative and observer–independent facts of the world is ill suited to a…
Real Estate as Institutional Fact
Rigorous tools which are well known to philosophers can be put to use in the analyses of many concepts pertaining to social reality. This paper attempts to apply the distinction between brute and institutional facts advanced by John Searle to the analysis of property rights over land. It might be commonplace to suggest that all rights are entities whose existence is an institutional fact, i.e., it is the result of human conventions. In the case o…
Rationality in Action
John Searle's forthcoming book 'Rationality in Action' presents a sophisticated and innovative account of the rationality of action. In the book Searle argues against what he calls the classical model of rationality. In the debate that follows Barry Smith challenges some implications of Searle's account. In particular, Smith suggests that Searle's distinction between observer-relative and observer–independent facts of the world is ill suited to a…
Collective Intentions and Collective Intentionality
John Searle believes that collective intentions are crucial to his philosophy, but he is yet to present a coherent account of these entities. No account whatsoever of collective intentions is presented in the book where Searle needs them the most (The Construction of Social Reality), or, for that matter, in any other of Searle's major books. The only account, and a defective one at that (so I argue), is found in a short, somewhat obscure article …
Real Estate as Institutional Fact
Rigorous tools which are well known to philosophers can be put to use in the analyses of many concepts pertaining to social reality. This paper attempts to apply the distinction between brute and institutional facts advanced by John Searle to the analysis of property rights over land. It might be commonplace to suggest that all rights are entities whose existence is an institutional fact, i.e., it is the result of human conventions. In the case o…
Real Estate as Institutional Fact
Rigorous tools which are well known to philosophers can be put to use in the analyses of many concepts pertaining to social reality. This paper attempts to apply the distinction between brute and institutional facts advanced by John Searle to the analysis of property rights over land. It might be commonplace to suggest that all rights are entities whose existence is an institutional fact, i.e., it is the result of human conventions. In the case o…
Rationality in Action
John Searle's forthcoming book 'Rationality in Action' presents a sophisticated and innovative account of the rationality of action. In the book Searle argues against what he calls the classical model of rationality. In the debate that follows Barry Smith challenges some implications of Searle's account. In particular, Smith suggests that Searle's distinction between observer-relative and observer–independent facts of the world is ill suited to a…
Collective Intentions and Collective Intentionality
John Searle believes that collective intentions are crucial to his philosophy, but he is yet to present a coherent account of these entities. No account whatsoever of collective intentions is presented in the book where Searle needs them the most (The Construction of Social Reality), or, for that matter, in any other of Searle's major books. The only account, and a defective one at that (so I argue), is found in a short, somewhat obscure article …
Prolegomenon to a Theory of Punishment
The expression “Theory of Punishment” is rather obscure; typically conflating two different enterprises: first, a purely descriptive enterprise which seeks to define punishment, and, second, a normative enterprise which seeks to justify punishment. While some authors have asserted that these two enterprises are inescapably linked, others have tried to keep them distinct. I think that the latter approach is on the right track, but that its propone…
The Varieties of Normativity
A Non-Aretaic Return to Aristotle
This article criticizes the recent “aretaic-turn” in legal theory. Within Criminal law theory, the main concern of aretaic theorists is culpability, and their main source of inspiration is Aristotle’s virtue ethics. Too focused on Aristotle’s virtue ethics, however, aretaic theorists fail to consider Aristotle’s views on culpability proper. Aristotle himself did not turn to virtue ethics when he discussed culpability; and thus I suggest that Aris…
Why Compare? Comments on Kevin Jon Heller and Markus D Dubber’s The Handbook of Comparative Criminal Law
In this review essay, I welcome the publication of this much-needed Handbook. Comparative criminal law has not received, in the anglophone traditions, the attention that it deserves, and this Handbook is an important corrective. But I also take the opportunity to discuss some dangers inherent in any comparativist enterprise, and suggest that some of these dangers are present in the editor approach to comparative criminal law
La justificación de la pena
The traditional approach to the problem of the justification of punishment suffers from an exaggerated axiological narrowness. The central concern has always surrounded the question as to whether or not a certain punishment is permissible. There is no doubt that this is an important problem, although it is not the only problem. Punishments that we may be permitted in inflicting can also be indecent or repugnant – and the analysis of these importa…
Jeffrey Blustein, Forgiveness and Remembrance
The Theory and Practice of Ontology
This book provides close examination of ontology and the work of Professor Barry Smith, one of the most prolific philosophers of the modern day. In this book numerous scholars who have collaborated wi
Punishment and Retribution
Discussions of punishment typically assume that punishment is criminal punishment carried out by the State. Punishment is, however, a richer phenomenon and it occurs in many contexts. This book contains a general account of punishment which overcomes the difficulties of competing accounts. Recognizing punishment's manifoldness is valuable not merely in contributing to conceptual clarity, but in that this recognition sheds light on the complicated…
Theory and Practice of Ontology
Rules, Games, and the Axiological Foundations of (International) Criminal Law
International law has often been seen with scepticism, at least when contrasted against domestic law. International criminal law may suffer the same fate unless we reject a certain tendency to understand the role and functioning of any legal system in reductive and mechanistic terms. This tendency – a remnant from positivism – sees the law as modelled on games, and on their constitutive rules. I examine here a defense of this positivistic, narrow…
On the Matter of Suffering
La justificación del castigo, la complejidad de la vida moral y los cambios de paradigma
Figuring Things Out, Morally Speaking
The appeal of the moral principle according to which we should treat like cases alike is so great that it verges on the axiomatic, or on the platitudinous. Recently, however, the principle has been challenged in deeply interesting ways. These ways are interesting because they do not invite skepticism about morality at large, but about the specific claim that what is good (or bad) for an agent in a given situation must be good (or bad) for any oth…
The Non-Political Foundations of the Problem of Dirty Hands
Michael Walzer's "Political Action: The Problem of Dirty Hands" (Walzer 1973) is truly memorable.Brimming with the type of intelligence and the substantive saturation that is rare in ordinary contributions, Walzer's article continues to reward, rereading after rereading.Whether or not commemorating single articles is a frequent phenomenon, I am convinced that this article deserves such commemoration, and I am honored to be a part of it.With both …
Epistemology (11 works) · Sociology (11 works) · Law (10 works) · Philosophy (10 works) · Political science (10 works) · Psychology (6 works) · Philosophical Ethics and Theory (5 works) · Epistemology, Ethics, and Metaphysics (4 works) · Free Will and Agency (4 works) · Social Psychology (4 works)