The principle of sufficient reason threatens modal collapse. Some have suggested that by appealing to the indefinite extensibility of contingent truth, the threat is neutralized. This paper argues that this is not so. If the indefinite extensibility of contingent truth is developed in an analogous fashion to the most promising models of the indefinite extensibility of the concept set, plausible principles permit the derivation of modal collapse.

We defend and explore the view that bringing philosophy, political science, and economics together in the study of social and political institutions sheds light and banishes shadows in ways that no subset of these three disciplines could possibly accomplish.

Recently some philosophers have defended the thesis that naturalness, or joint-carvingness, is an aim of belief. This paper argues that there is an important class of counterexamples to this thesis. In particular, it is argued that naturalness is not an aim of our beliefs concerning what is joint carving and what is not.

The epistemic regress problem targets our ability to provide reasons for our beliefs. If we need reasons for our beliefs, then we may also need to provide reasons for those reasons, and so on into regress. Because the epistemic regress problem is often cast as an attack on our ability to achieve justification, it is often thought that epistemic positions which do not rely on notions like justification escape without difficulty. The first goal of this dissertation is to establish the (...) generality of the epistemic regress problem, beyond all technicalities regarding the nature of justification. To do this, I propose a new minimal epistemic standard, that we should hold no bald assertions to be epistemically acceptable. I then use this epistemic standard to construct two new forms of the epistemic regress problem. The first version of the problem is reminiscent of the classical problem in that it attacks our ability to locate any such reason. The second version of the problem attacks our ability to unite any such reason to a particular claim that it is supposed to support. The second goal of this dissertation is to argue that pragmatism fails as a solution to the epistemic regress problem. The pragmatist seeks to avoid the regress by provisionally accepting their beliefs to be evaluated later. In so doing, the pragmatist seeks to have reasonable beliefs, but only after having accepted them provisionally. After eliminating other theoretical alternatives that the pragmatist may use to bolster their position, I argue that the pragmatic solution is not successful because (1) it is committed to some foundational beliefs that are necessary to facilitate the evaluation of their provisional beliefs which fall prey to the regress, and (2) the employment of these criteria of evaluation encounters the regress in its second form. I conclude by advocating for an understanding of Pyrrhonian skepticism under which we are not required to eschew our everyday beliefs that is nevertheless commensurate with the epistemic regress. (shrink)

What is the connection between having a phenomenal property and knowing that one has that property? A traditional view on the matter takes the connection to be quite intimate. Whenever one has a phenomenal property, one knows that one does. Recently most authors have denied this traditional view. The goal of this paper is to defend the traditional view. In fact, I will defend something much stronger: I will argue that what it is for a property to be phenomenal is (...) for it to be a property one must know oneself to have when on has it. As we will see, this theory has a number of surprising and welcome upshots, suggesting that the traditional view has been unjustly maligned. (shrink)

I offer some responses to Prosser’s ‘Experiencing Time’, one of whose goals is to debunk a view of temporal experience somewhat prevalent in the metaphysics literature, which I call ‘Perceptualism’. According to Perceptualism: it is part of the content of perceptual experience that time passes in a metaphysically strong sense: the present has a metaphysically privileged status, and time passes in virtue of changes in which events this ‘objective present’ highlights, and moreover this gives us evidence in favor of strong (...) passage. Prosser argues that perception cannot be sensitive to whether the strong passage obtains, and therefore cannot represent strong passage in a way that gives us evidence of its truth. Although I accept this conclusion, I argue that Prosser’s argument for it is problematic. It threatens to over-generalize to rule out uncontroversial cases of perceptual knowledge, such as our knowledge that we live in a spatial world. Furthermore, a successful argument ruling out perceptual evidence for strong passage would have to give constraints on the theory/observation distinction of a kind not provided by Prosser’s discussion. I also comment on several other parts of the book. (shrink)

This essay draws on the work of Jacques Derrida and Angela Y. Davis towards a philosophical resistance to the death penalty in the U.S. I find promise in Derrida’s claim that resistance to the death penalty ought to contest a political structure that founds itself on having the power to decide life and death, but I move beyond Derrida’s desire to consider the abolition of the death penalty without engaging with the particular histories and geographies of European colonialism. I offer (...) a critique of Derrida’s recently published work on the death penalty by engaging with the work of Davis and argue that discussions of state violence in nations that inherit European forms of sovereignty must take seriously the racist violence on which those sovereign powers rely. (shrink)

During the Standing Rock protests in North Dakota, USA/Turtle Island, a group of military veterans knelt in front of Oceti Sakowin Elders asking forgiveness for centuries of settler colonial military ventures in Oceti Sakowin Territory. Leonard Crow Dog forgave them and immediately demanded respect for Native Nations throughout the U.S. Lacking such respect, he said, Native people will cease paying taxes. Crow Dog’s post-forgiveness remarks speak to the political context of the military veterans’ request: They seek collective forgiveness amidst ongoing (...) occupation and harms committed by the collective they represent. In this chapter, I examine this case study and argue that ongoing harm undermines requests for forgiveness on behalf of collectives. I look to the work of Glen Coultard, Waziyatawin, and Leanne Simpson to consider what a responsible request for collective forgiveness would entail. (shrink)

Propositions represent the entities from which they are formed. This fact has puzzled philosophers and some have put forward radical proposals in order to explain it. This paper develops a primitivist account of the representational properties of propositions that centers on the operation of application. As we will see, this theory wins out over its competitors on grounds of strength, systematicity and unifying power.

I assess a number of connected ideas about temporal experience that are introspectively plausible, but which I believe can be argued to be incorrect. These include the idea that temporal experiences are extended experiential processes, that they have an internal structure that in some way mirrors the structure of the apparent events they present, and the idea that time in experience is in some way represented by time itself. I explain how these ideas can be developed into more sharply defined (...) views, and then argue that these views are inconsistent with certain empirical facts about how time is represented in the brain. These facts instead support a kind of atomic view, on which temporal experiences are temporally unstructured atoms. (shrink)

In two rarely discussed passages – from unpublished notes on the Principles of Philosophy and a 1647 letter to Chanut – Descartes argues that the question of the infinite extension of space is importantly different from the infinity of time. In both passages, he is anxious to block the application of his well-known argument for the indefinite extension of space to time, in order to avoid the theologically problematic implication that the world has no beginning. Descartes concedes that we always (...) imagine an earlier time in which God might have created the world if he had wanted, but insists that this imaginary earlier existence of the world is not connected to its actual duration in the way that the indefinite extension of space is connected to the actual extension of the world. This paper considers whether Descartes’s metaphysics can sustain this asymmetrical attitude towards infinite space vs. time. I first consider Descartes’s relation to the ‘imaginary’ space/time tradition that extended from the late scholastics through Gassendi and More. I next examine carefully Descartes’s main argument for the indefinite extension of space and explain why it does not apply to time. Most crucially, since duration is merely conceptually distinct from enduring substance, the end or beginning of the world entails the end or beginning of real time. In contrast, extension does not depend on any enduring substance besides itself. (shrink)

I give an account of the difference between "Holistic" and "Atomistic" views of conscious experience. On the Holistic view, we enjoy a unified "field" of awareness, whose parts are mere modifications of the whole, and therefore owe their existence to the whole. There is some tendency to saddle those who reject the Holistic field model with a (perhaps) implausible "building block" view. I distinguish a number of different theses about the parts of an experience that are suggested by the "building (...) block" metaphor, but which can be rejected by those who also reject the holistic field view. (shrink)

The articles that comprise this special issue of Intellectual History Review are briefly described.

In the last century, philosophers turned their attention to language. One place they have looked for clues about its nature is Plato’s Cratylus, which considers whether names are naturally or conventionally correct. The dialogue is a source of annoyance to many commentators because it does not take a clear position on the central question. At times, it argues that language is conventional, and, at other times, defends the view that language is natural. This lack of commitment has led to a (...) longstanding dispute over the outcome of the dialogue. I argue that the Cratylus provides no clear resolution to this problem because it presupposes certain unexamined metaphysical commitments about the nature of reality, which are in need of thorough investigation. (shrink)

This Essay analyzes an essay by H. L. A. Hart about discretion that has never before been published, and has often been considered lost. Hart, one of the most significant legal philosophers of the twentieth century, wrote the essay at Harvard Law School in November 1956, shortly after he arrived as a visiting professor. In the essay, Hart argued that discretion is a special mode of reasoned, constrained decisionmaking that occupies a middle ground between arbitrary choice and determinate rule application. (...) Hart believed that discretion, soundly exercised, provides a principled way of coping with legal indeterminacy that is fully consistent with the rule of law. This Essay situates Hart’s paper – Discretion – in historical and intellectual context, interprets its main arguments, and assesses its significance in jurisprudential history. In the context of Hart’s work, Discretion is notable because it sketches a theory of legal reasoning in depth, with vivid examples. In the context of jurisprudential history, Discretion is significant because it sheds new light on long-overlooked historical and theoretical connections between Hart’s work and the Legal Process School, the American jurisprudential movement dominant at Harvard during Hart’s year as a visiting professor. Hart’s Discretion is part of our jurisprudential heritage, advancing our understanding of legal philosophy and its history. (shrink)

matter of knowing that -- that injustice is wrong, courage is valuable, and care is As a result, what I'll be doing is primarily defending in general -- and due. Such knowledge is embodied in a range of capacities, abilities, and skills..

In the book “A Theory of Justice”, John Rawls examines the notion of a just society. More specifically, he develops a conception of justice—Justice as Fairness—derived from his novel interpretation of the social contract. Central to his account are two lexically-ordered principles of justice by which primary social institutions, or the basic structure of society, are ideally to be organized and regulated. Broadly speaking, the second of Rawls’ two principles pertains to “the distribution of income and wealth”, and its formulation (...) is to be understood as an expression of Rawls’ Difference Principle—roughly, the principle that “inequality in expectation is permissible only if lowering it would make the [worst-off] class even more worse off.”1 2 I want to suggest that Rawls’ Difference Principle (DP) entails the following worrisome outcome: Because DP maximizes the absolute level of expectation (and disregards the relative level), it authorizes potentially immense levels of inequality, such that this inequality itself can become a source of social discord and injustice. This paper will (§2) present Rawls’ formulation of DP, (§3) motivate the worrisome outcome entailed by DP, and (§4) offer a prima facie plausible solution in the form of an addendum to DP. (shrink)

It is often said in physics that if two models of a theory are related by a symmetry, then the two models provide (or could provide) two different representations of the very same situation, alike the case of two maps of different color for the very same city. It is also said that the situations represented by two models of a theory are indiscernible in some ways when the models in question are related by a symmetry of the theory, just (...) like the situation in the interior of the cabin of a train when the train is at rest in the station is empirically indiscernible from the situation in the interior when the train is moving uniformly (in classical mechanics, these two situations are represented by two models related by a boost). In recent years, philosophers of physics have focused a lot of attention in developing various principles that aim to elucidate these and similar remarks on symmetries, models, physical equivalence, and representation that are widespread in physics practice. The goal of the current article is to provide a critical review of these principles, and suggest a new framework for thinking about these kinds of questions. One important upshot of the paper is that questions of indiscernibility, and questions of the representational capacity of models, must be distinguished from one another. (shrink)

In the essay “Reasonable Religious Disagreements,” Dr. Richard Feldman examines reasonable disagreements between peers. More specifically, he asks whether such disagreements are possible, and also whether the parties to such a disagreement could think that both their own belief and the belief of their peer with whom they disagree are reasonable. Feldman argues that there cannot be any such thing as a reasonable disagreement, and furthermore, that the parties to a disagreement are not epistemically licensed to think that their own (...) belief and their opponents belief are both reasonable. As Feldman notes, “open and honest discussion seems to have the puzzling effect of making reasonable disagreement impossible”. My project herein will be (in §2) to explain Feldman’s notion of a reasonable disagreement, and then reconstruct and assess his argumentation, and (in §3) advance three objections to Feldman’s argument. I will focus on denying Feldman’s answer to his first question—that reasonable disagreement between peers is not possible—and my suggestion is that if any of these three objections to Feldman’s argument go through, then the argument falls. And if Feldman’s argument falls, then his argument no longer provides grounds for our thinking that reasonable disagreement is impossible. (shrink)

The case for secrecy in voting depends on the assumption that voters reliably vote for the political outcomes they want to prevail. No such assumption is valid. Accordingly, voting procedures should be designed to provide maximal incentive for voters to vote responsibly. Secret voting fails this test because citizens are protected from public scrutiny. Under open voting, citizens are publicly answerable for their electoral choices and will be encouraged thereby to vote in a discursively defensible manner. The possibility of bribery, (...) intimidation or blackmail moderates this argument but such dangers will be avoidable in many contemporary societies without recourse to secrecy. (shrink)

In the essay “Epistemic Self-Trust and the Consensus Gentium Argument,” Dr. Linda Zagzebski examines the reasonableness of religious belief. More specifically, she argues that truth demands epistemic self-trust—roughly, a trust in the reliability of our own faculties. Furthermore, it is asserted that this self-trust commits me to an epistemic trust in others, which in turn provides grounds for believing that because many other people (to whom we have granted this epistemic trust) believe in God, this prevalence of belief thereby provides (...) a reason for me to believe in God, too. A critical step in Zagzebski’s argument is the move from epistemic self-trust to granting this sort of trust to other people—a move for which a sub-argument can be drawn out of her essay. My paper’s focus will be to examine Zagzebski’s sub-argument for her second premise (i.e., granting epistemic trust to others) to which I will advance two objections. (shrink)

While this article sets out to advance our knowledge about the characteristics of Nigerian cybercriminals (Yahoo-Boys), it is also the first study to explore the narratives of the Economic and Financial Crimes Commission (EFCC) officers concerning them. It appraises symbolic interactionist insights to consider the ways in which contextual factors and worldview may help to illuminate officers’ narratives of cybercriminals and the interpretations and implications of such accounts. Semi-structured interviews of forty frontline EFCC officers formed the empirical basis of this (...) study and were subjected to a directed approach of qualitative content analysis. While prior studies, for example, indicated that only a group of cybercriminals deploy spiritual and magical powers to defraud victims (i.e. modus operandi), our data analysis extended this classification into more refined levels involving multiple features. In particular, analysis bifurcates cybercriminals and their operations based on three factors: [a] educational-attainment, [b] modus-operandi, and [c] networks-collaborators. Results also suggest that these cybercriminals and their operations are embedded in “masculinity-and-material-wealth”. These contributions thus have implications for a range of generally accepted viewpoints about these cybercriminals previously taken-for-granted. Since these criminals have victims all over the world, insights from our study may help various local and international agencies [a] to understand the actions/features of these two groups of cybercriminals better and develop more effective response strategies. [b] to appreciate the vulnerabilities of their victims better and develop more adequate support schemes. We also consider the limitations of social control agents’ narratives on criminals. (shrink)

The educational philosophies of John Dewey, Paulo Freire and Tsunesaburo Makiguchi were born at different times and in different cultures but the themes they propound resonate with the ordinary people. Although there are ideas that are unique to each philosophy, this paper tries to uncover the themes that are similar in them. The purpose to uncovering these themes is to try in some way to form a unifying force that opens a path to making the ideas rather than the person (...) resonate among people. The three philosophers were not interested in recognition but rather sought the welfare of their fellow human beings as their purpose. As such, their hope was that their ideas would be turned to action by people rather than adoration of their philosophies. Increasingly, educators are seeking ways to harmonize their ideas and ideals with other educators in order to build a strong counterbalance to the historically prevalent divisive and prejudicial societal structures that inhibit human development. Paolo Freire points out that such a counterbalance would ultimately benefit the oppressed and the oppressor. In order to accomplish this, educators will need to put aside small philosophical differences and focus on the more meaningful themes that unite them. The interconnectedness of humanity and nature is becoming increasingly apparent in all realms of human activity. Future research and educational work must begin to turn away from its divisive nature and look for themes of harmony within and between disciplines. Instead of looking for ways to reject each other we need to research ways of uniting each other, not only for our own sake but for the sake are future generations. (shrink)

The ethics of betel nut use in Taiwan are examined in this article. It first presents scientific facts about the betel quid, its consumption and negative health consequences and then analyses the cultural background and economic factors contributing to its popularity in Asia. Governmental and institutional attempts to curb betel nut cultivation, distribution and sales are also described. Finally, the bioethical implications of this often ignored subject are considered.

This article addresses the ethics of betel nut use in Taiwan. It first presents scientific facts about the betel quid and its consumption and the generally accepted negative health consequences associated with its use: oral and esophageal cancer, coronary artery disease, metabolic diseases, and adverse effects in pregnancy. It then analyzes the cultural background and economic factors contributing to its popularity in Asia. The governmental and institutional attempts to curb betel nut cultivation, distribution, and sales are also described. Finally, the (...) article analyzes the bioethical implications of this often-ignored subject from the perspectives of human dignity, the good of health, vulnerable groups, cultural diversity, informed consent, and ethical blind spots. (shrink)

This is a co-authored dialogue which explores epistemological and metaphysical questions raised by a social constructivist approach to science.

Karl Popper rightly contests the possibility of a verification of basic statements. At the same time he strictly believes in the possibility of growth of empirical knowledge. Knowledge growth, however, is only possible if empirical theories can be falsified. This raises the question, how theories can be falsified, if a verification of those statements that falsify theories – i.e. basic statements – is not possible. This problem is often referred to as the “basic problem” or “problem of the empirical basis”. (...) In this paper I show that – from a logical point of view – a falsification of theories is possible without a verification of basic state-ments. Furthermore I show that knowledge growth in the empirical sciences will be possible if two assumptions are valid. These assumptions can neither be proven nor falsified. However, they have to be postulated by everybody in eve-ryday life. (shrink)

We suggest that the emerging field of the conservation humanities can play a valuable role in biodiversity protection in Papua New Guinea (PNG), where most land remains under collective customary clan ownership. As a first step to mobilising this scholarly field in PNG and to support capacity development for PNG humanities academics, we conducted a landscape review of PNG humanities teaching and research relating to biodiversity conservation and customary land rights. We conducted a systematic literature review, a PNG teaching programme (...) review, and a series of online workshops between the authors (10 PNG-based, 7 UK-based). We found a small but notable amount of PNG research and teaching focused on biodiversity conservation or customary land rights. This included explicit discussion of these topics in 8 of 156 PNG-authored humanities texts published 2010-2020 and related teaching content in the curricula of several different humanities-based programmes. We discuss current barriers to PNG academic development. The growth of fully fledged in-country conservation humanities will require a joint collaborative effort by PNG researchers, who are best placed to carry out such work, and researchers from abroad who can access resources to support the process. (shrink)

The present study aimed to develop effective moral educational interventions based on social psychology by using stories of moral exemplars. We tested whether motivation to engage in voluntary service as a form of moral behavior was better promoted by attainable and relevant exemplars or by unattainable and irrelevant exemplars. First, experiment 1, conducted in a lab, showed that stories of attainable exemplars more effectively promoted voluntary service activity engagement among undergraduate students compared with stories of unattainable exemplars and non-moral stories. (...) Second, experiment 2, a middle school classroom-level experiment with a quasi-experimental design, demonstrated that peer exemplars, who are perceived to be attainable and relevant to students, better promoted service engagement compared with historic figures in moral education classes. (shrink)

Siblings compete for parental care and feeding, while parents must allocate scarce resources to those offspring most likely to survive and reproduce. This could cause offspring to evolve traits that advertise health, and thereby attract parental resources. For example, experimental evidence suggests that bright orange filaments covering the heads of North American coot chicks may have evolved for this fitness-advertising purpose. Could any human mental disorders be the equivalent of dull filaments in coot chicks—low-fitness extremes of mental abilities that evolved (...) as fitness indicators? One possibility is autism. Suppose that the ability of very young children to charm their parents evolved as a parentally selected fitness indicator. Young children would vary greatly in their ability to charm parents, that variation would correlate with underlying fitness, and autism could be the low-fitness extreme of this variation. This view explains many seemingly disparate facts about autism and leads to some surprising and testable predictions. (shrink)

Are people with flawed faces regarded as having flawed moral characters? An “anomalous-is-bad” stereotype is hypothesized to facilitate negative biases against people with facial anomalies (e.g., scars), but whether and how these biases affect behavior and brain functioning remain open questions. We examined responses to anomalous faces in the brain (using a visual oddball paradigm), behavior (in economic games), and attitudes. At the level of the brain, the amygdala demonstrated a specific neural response to anomalous faces—sensitive to disgust and a (...) lack of beauty but independent of responses to salience or arousal. At the level of behavior, people with anomalous faces were subjected to less prosociality from participants highest in socioeconomic status. At the level of attitudes, we replicated previously reported negative character evaluations made about individuals with facial anomalies, and further identified explicit biases directed against them as a group. Across these levels of organization, the specific amygdala response to facial anomalies correlated with stronger just-world beliefs (i.e., people get what they deserve), less dispositional empathic concern, and less prosociality toward people with facial anomalies. Characterizing the “anomalous-is-bad” stereotype at multiple levels of organization can reveal underappreciated psychological burdens shouldered by people who look different. (shrink)

Social scientists have paid insufficient attention to the role of law in constituting the economic institutions of capitalism. Part of this neglect emanates from inadequate conceptions of the nature of law itself. Spontaneous conceptions of law and property rights that downplay the role of the state are criticized here, because they typically assume relatively small numbers of agents and underplay the complexity and uncertainty in developed capitalist systems. In developed capitalist economies, law is sustained through interaction between private agents, courts (...) and the legislative apparatus. Law is also a key institution for overcoming contracting uncertainties. It is furthermore a part of the power structure of society, and a major means by which power is exercised. This argument is illustrated by considering institutions such as property and the firm. Complex systems of law have played a crucial role in capitalist development and are also vital for developing economies. (shrink)

As the title of the article suggests, “The Burqa Ban”: Legal Precursors for Denmark, American Experiences and Experiments, and Philosophical and Critical Examinations, the authors embark on a factually investigative as well as a reflective response. More precisely, they use The 2018 Danish “Burqa Ban”: Joining a European Trend and Sending a National Message (published as a concurrent but separate article in this issue of INTERNATIONAL STUDIES JOURNAL) as a platform for further analysis and discussion of different perspectives. These include (...) case-law at the international level while focusing attention on recent rulings and judicial reasoning by the ECtHR and the ECJ; critical thought-experiments in religion, morality, human rights, and the democratic public space; a contextualized account of burqa-wearing interventions by federal and state governments and, moreover, various courts in the United States; and philosophical commentary and, in some instances, criticism of the Danish and/or European (French, etc.) approach. The different contributions have different aims. The section on case-law at the international level reports on those central judgments that, in effect, helped to pave the path for the Kingdom of Denmark’s burqa ban. Concerning the concurring judges at the ECtHR, the opinions served to uphold a preexisting ban and to grant a wide margin of appreciation to the national authorities, thereby limiting the Court’s own review. -/- As regards to the ECJ, the legality of company rules that contain a policy of neutrality for the workplace was examined, with a similar outcome. The authors who discuss religion, morality, human rights and the democratic public space are endeavoring to, respectively, appeal to ethics as a testing stone for law and to both challenge and address several forms of “expressivist worry” in connection with face veils. In doing so, the authors ask a number of thought-provoking questions that hopefully will inspire public policymakers to careful analysis. While the section that is devoted to American perspectives highlights a comprehensive survey of political and legal responses to, in particular, full-face veils like the burqa, the relevant author also incorporates public perceptions and, in the course of examining these, draws a parallel to “the fate” of the hoodie. The constitutionality of burqa-wearing in America, so it also appears, is partially an open question, but differentiating between religious, political, or personal reasons is a de jure premise. Given that the Danish legislators who drafted law L 219 to ban burqa-wearing in public places rely on a reference to political Islam, they relegate religious and personal reasons to the private domain, thereby also adopting secularism as a premise. This is explored in the last author response of the article, more precisely, in an account of the underlying materialism that, in turn, is applied to Muslim women. If policymakers and legislators engaged in Thinking Things Through exercises, they could, as a minimum, avoid law-making strategies that are not in the spirit of the theory they themselves invoke, albeit tacitly. While the aim of, as it were, arresting culturally self-contradicting legislators is unique for the section in question, all the authors who contribute to the joint research project have one end-goal in common, namely to inform about important perspectives while at the same time opening up for parameters for (more) fruitful, constructive and (if need be) critical debate in the future. With this in mind, four recommendations are presented by the research director for the project. Legally, politically, socially and culturally, conflict-resolution should not translate the relationship between rulers and the ruled into a separation ideology, an instance of controllers versus the controlled. All things being equal, that is the objective limit for a democratic society. (shrink)

RESUMO Versa o presente artigo sobre a regulação do linchamento no Direito Romano do período antigo, em especial sobre o artigo 9º da Tábua III das Leis das XII Tábuas. A partir de uma metodologia de análise qualitativa, revisão bibliográfica e interpretação textual, os autores objetivam ampliar a visão tradicional sobre o linchamento, compreendendo a institucionalização de sua prática no Direito Romano e sua função no contexto de formação da cultura jurídica do período antigo. A hipótese de trabalho é a (...) de que o artigo 9º da Tábua III das Leis das XII Tábuas apresenta, historicamente, uma forma de punição intermediária entre a linchamento popular extralegal e a pena criminal prevista em lei. Do ponto de vista jurídico-antropológico, a comprovação da hipótese permitiria concluir a ideia de que a pena praticada na antiguidade é uma evolução do controle social informal da violência. Palavras-chave: Linchamento; Direito Romano; XII Tábuas; Pena criminal. ABSTRACT The following paper is about the lynching regulation in Roman law in Ancient Era, especially in what comes about the article 9 of Table Three from Twelve Tables. Making use of a methodology based in qualitative analisys, literature review and interpretation, the auctor aim to expande the traditional view about lynching, understanding the institutionalization of their practice in Roman Law and it’s function in the legal culture in Ancient Era. The working hipothesis is that the article 9 of Table Three of Twelve Tables presents, in a historical context, a intermediate form of punishment between extralegal collective lynching and criminal penalty provided by law. From a legal-anthropological point of view, the proof of the hypothesis would allow us to conclude the idea that the penalty practiced in antiquity is an evolution of informal social control of violence. Keywords: Lynching; Roman Law; Twelve Tables; Criminal Penalty. (shrink)