University Press, 1995).
tween moral value and social fact–a gap figured by Milton as the rela-
tion between God and man.4 The project of Paradise Lost–“to justifie
the ways of God to men”–is motivated by a sense of the apparent fail-
ure of God, and hence implies the need for human speech and judg-
properties: first, it is fit-
ted to be a regress-stopper, bringing to an end the reference from text
to text;37 second, it is (thereby) able to infuse life B the power to mean
B into those inert bits of textual matter. God fits this bill, for these are
His traditional powers. Replacing Him with us (but
Ready-Made World’, Synthese 51
(1982), pp. 141–68.
8 CIS, p. 189.
9 CIS, p. 73.
generally questionable or even discredited.7 For them, as well as Rorty, we
are left living in a world where theories and appeals to truths of a techni-
cally ‘realistic’ or ‘empirical’ nature are highly questionable as
international law begin to function as a moral force in promoting international
harmony, cooperation, dialogue, and justice. International law derives its
legitimate "rational" (vernunftig) authority to rule from the living actuality
(Wirklichkeit) of international life-from the nexus of institutions and com
denounces then what makes it
deserved is ‘malice aforethought’, that one be blameworthy or morally cul-
pable for the action.
Now Hurd might accept that in a citizen’s private life wrongdoing
does—or can in the right circumstances—call for condemnation (from
appropriately interested parties). But she can
organs) is to discover their sustaining functions and what these can explain about life. 29 Life is, according to Aristotle, not a predicate of things, but things manifest life, each in its own life. It is an inward determinateness – autonomy – of living things by which they cannot be defined or
to living in a republic and obeying its laws are gradually becoming
civilized enough, and morally sensitive enough, to regard war as unacceptable.
Likewise, given the threat that war poses to life and livelihood, representatives
74 HEGEL AND COSMOPOLITANISM
of republican states will certainly be
inserting these redundancies or metaphors in it. There is no perspective
from which these inflated and decorated claims can have a sense different
from their sense uninflated and undecorated, and that is the sense they
have in ordinary legal life’. It is, ultimately, ‘not a metaphysical but a legal
* This paper was first given at a conference on punishment at Newcastle organized by
Thom Brooks. I am grateful to Thom both for the invitation and for his comments on the
paper. I am also grateful to Antony Duff and to the other participants for their searching
‘WHO’S STILL STANDING
sight of the fact that it is also
terrible to be the victim of a serious crime. The harms such crimes inflict
include loss of life, significant loss of physical or psychological function,
loss of dignity, and the loss or destruction of property on which individu-
als depend for their future welfare