This volume is a collection of twelve new essays, authored by leading philosophers and legal theorists, examining the central conceptual and normative questions underlying our institutions of criminal law.

Rawls's “public reason” has not been without its critics. One criticism is that public reason is “conservative.” Public reason must rely on those beliefs that are “widely shared” among citizens. But if public reason relies on widely shared beliefs, how can it change without departing from those beliefs, thus violating public reason? In part one of my essay, I introduce the conservatism objection and describe two unsatisfactory responses to it. Part two argues that there are aspects of public reason which (...) diminish the force of the conservatism objection: first, that public reason is historical, and second, that it is mutable. (shrink)

Modern analytical political philosophy—characterized most notably by the work of John Rawls—has had very little to say about how punishment in particular and criminal law more generally might be justified. This is a puzzling omission, as punishment can be seen as the most serious use of coercive state power and therefore the one in greatest need of philosophical justification. With the idea of filling this gap, this chapter analyzes several major political theories of recent decades and examines how criminal justice (...) might fit into their thought. After discussing the various political theories of libertarianism, liberalism, communitarianism, Marxism, and republicanism, I offer a limited defense of one such theory, Rawls’s “political liberalism,” as offering a suitable way to approach issues of criminal justice and punishment in modern society. More broadly, my chapter invites political philosophers to speak more often and more specifically about how criminal justice fits within their theories. (shrink)

The article argues for a conception of the justification of punishment that is compatible with a modern, politically liberal regime. Section I deals with what some have thought are the obvious soci...

La distinction entre les crimes qui impliquent un mal en soi et les crimes qui sont mauvais parce que la loi les désigne ainsi a longtemps intrigué les théoriciens. Le présent article soutient que cette distinction, bien qu’elle touche une différence réelle, est fondée sur une erreur. Cette erreur est commise tant par ceux qui considèrent le mal moral comme une condition nécessaire de la criminalité que par ceux qui croient que le simple fait de rendre une chose illégale suffit (...) à la rendre criminelle. Aucune de ces positions n’est correcte. Plutôt, ce qui rend un acte criminel, c’est le fait que cet acte implique la violation d’une loi qui a été justifiée en termes de «raison publique». (shrink)

The prohibition on “cruel and unusual” punishments, found in the Eighth Amendment to the U.S. Constitution, has long puzzled scholars. If punishments are cruel, why is that not sufficient to prohibit them? What does “unusual” add? Scholars have also disagreed on how to understand “cruel.” Should “cruel” refer only to those things that the authors of the Constitution believed were cruel, or does it extend to those things that are actually cruel? This chapter gives an overview of these debates and (...) describes the United States Supreme Court’s jurisprudence in the area. A concluding part takes a look at the possibility that some contemporary forms of punishment (e.g., imprisonment) are cruel and unusual, and even that punishment itself might be cruel and unusual. (shrink)

In his paper “Public Reason and the Justification of Punishment,” Zachary Hoskins develops and defends an idea of “public reason” that might be applicable to debates over punishment in the Western world. This short reply takes issue with some of Hoskins’ conclusions (while agreeing with many of his premises), and suggests that contra Hoskins, many versions of retribution are not compatible with the ideal of public reason as Rawls articulated it. Instead, debates over criminal justice and punishment should properly revolve (...) around the goods of public safety and harm reduction—rather than around any of the supposed metaphysical goods achieved by retributive punishment. (shrink)

Death penalty debates appear to be intractable because what is obvious to one side is just as obviously not the case to the other. One side finds it unconscionable that a murderer can still be walk...

This ambitious book presents a new interpretation of Chinese thought guided both by a philosopher's sense of mystery and by a sound philosophical theory of meaning. That dual goal, Hansen argues, requires a unified translation theory. It must provide a single coherent account of the issues that motivated both the recently untangled Chinese linguistic analysis and the familiar moral-political disputes. Hansen's unified approach uncovers a philosophical sophistication in Daoism that traditional accounts have overlooked. The Daoist theory treats the imperious intuitionism (...) that alienates critical thinkers as a feature of Confucianism alone. Freed from the view that Confucianism is the core of Chinese thought and from myopic Confucian interpretations, Chinese thinkers emerge as unmistakably philosophical. (shrink)

We present three experiments that explore the robustness of the _authentic-apparent effect_—the finding that participants are less likely to attribute knowledge to the protagonist in apparent- than in authentic-evidence Gettier cases. The results go some way towards suggesting that the effect is robust to assessments of the justificatory status of the protagonist’s belief. However, not all of the results are consistent with an effect invariant across two demographic contexts: American and Indian nationalities.

In this chapter, I make the case for platonic realism, the thesis that there are properties that lack spatial locations. After criticizing the one-over-many argument for realism and Lewis's argument for realism, I endorse a modal argument that derives the existence of platonic properties from considerations involving necessary truth. I then defend this argument from various objections. Finally, I argue that epistemic considerations and considerations of parsimony favor a weak form of platonic realism on which there are platonic properties, but (...) each property could have had an instance, and would have been located in its instances if it had any. (shrink)

This chapter contains sections titled: The Problem of Definition Problems of Interpretation Nature and Convention Transcendence Death and the Afterlife Problems of Evil Fatalism and Free Will? Divine Command Theory Piety and Divine Simplicity Works cited.

Pinillos’ Why We Doubt presents a powerful critique of such global skeptical assertions as “I don’t know I am not a brain-in-a-vat (BIV)” by introducing a cognitive mechanism that is sensitive to error possibilities and a Bayesian rule of rationality that this mechanism is designed to approximate. This multifaceted argument offers a novel counter to global skepticism, contending that our basis for believing such premises is underminable. In this work, we engage with Pinillos’ adoption of Bayesianism, questioning whether the Bayesian (...) principle that he invokes truly does fail to generate the verdict that we don’t we aren’t BIVs, contrary to what Pinillos asserts. Furthermore, we argue that Pinillos’ empirical argument is not empirical enough; we need a lot more empirical work if we are going to counter global skepticism and win over neutral bystanders. (shrink)

In this book, Chad Jorgenson challenges the view that for Plato the good life is one of pure intellection, arguing that his last writings increasingly insist on the capacity of reason to impose measure on our emotions and pleasures. Starting from an account of the ontological, epistemological, and physiological foundations of the tripartition of the soul, he traces the increasing sophistication of Plato's thinking about the nature of pleasure and pain and his developing interest in sciences bearing on physical (...) reality. These theoretical shifts represent a movement away from a conception of human happiness as a purification or flight of the soul from the sensible to the intelligible, as in the Phaedo, towards a focus on the harmony of the individual as a psychosomatic whole under the hegemonic power of reason. (shrink)

Sackris and Beebe (2014) report the results of a series of studies that seem to show that there are cases in which many people are willing to attribute knowledge to a protagonist even when her belief is unjustified. These results provide some reason to conclude that the folk concept of knowledge does not treat justification as necessary for its deployment. In this paper, we report a series of results that can be seen as supporting this conclusion by going some way (...) towards ruling out an alternative account of Sackris and Beebe’s results—the possibility that the knowledge attributions that they witnessed largely stem from protagonist projection, a phenomenon in language use and interpretation in which the speaker uses words that the relevant protagonist might use to describe her own situation and the listener interprets the speaker accordingly. With that said, we do caution the reader against drawing the conclusion too strongly, on the basis of results like those reported here and by Sackris and Beebe. There are alternative possibilities regarding what drives the observed knowledge attributions in cases of unjustified true belief that must be ruled out before, on the basis of such results, we can conclude with much confidence that the folk concept of knowledge does not treat justification as necessary for its deployment. (shrink)

This thesis is guided by the following question: what, if anything, makes a life meaningful? My answer to this question is asymmetric welfarism about meaning in life. According to asymmetric welfarism, the meaning of a life depends upon two factors. First, a life is conferred meaning insofar as it promotes or protects the well-being of other welfare subjects. Second, a life is made meaningless insofar as it decreases or minimises the well-being of other welfare subjects. The meaning of a life (...) is determined by the net balance between these two factors; the more the good outweighs the bad, the more meaningful a life that is. I argue that asymmetric welfarism is the most plausible theory about meaning in life. To do this, I show how such a view captures a variety of intuitions about meaning in life while defending it from objections. This is the business of chapters 1, 2, and 3. Specifically, chapter 1 lays the groundwork, chapter 2 advances the case in favour of asymmetric welfarism, while chapter 3 defends asymmetric welfarism from objections. But some objections cannot be so easily overturned by a mere argument. Such objections do not just count against asymmetric welfarism, but also support competing theories. In order to overcome both, I show how such objections, and the theories they motivate, are best understood as tracking a different, but related, evaluative dimension a life can have. This is the business of chapters 4, 5, and 6. Specifically, chapter 4 argues that subjective theories are best understood as being about fulfilment, chapter 5 argues that purpose theories are best understood as being about purpose, and chapter 6 argues that differing views about the role of morality confuse morality and significance with meaning. These other evaluative dimensions which stand alongside meaning in life are fulfilment, purpose, significance, morality, and prudential value. (shrink)

Explores the embodied aspects of ownership and private property as these emerge in a range of American literary texts across the late eighteenth and early nineteenth century.

Explores the embodied aspects of ownership and private property as these emerge in a range of American literary texts across the late eighteenth and early nineteenth century.

The standard conception of God is that of a necessary being. On a possible worlds semantics, this entails that God exists at every possible world. According to the modal realist account of David Lewis, possible worlds are understood to be real, concrete worlds—no different in kind from the actual world. Some have argued that Lewis’s view is incompatible with classical theism (e.g., Sheehy, 2006). More recently, Ross Cameron (2009) has defended the thesis that Lewisian modal realism and classical theism are (...) in fact compatible. I argue that this is not the case. Modal realism, I argue, is equipped to accommodate necessary beings in only one of three ways: (1) By way of counterpart theory, or (2) by way of a special case of trans-world identity for causally inert necessary beings (e.g., pure sets), or else (3) causally potent ones which lack accidental intrinsic properties. However, each of these three options entails unacceptable consequences—(1) and (2) are incompatible with theism, and (3) is incompatible with modal realism. I conclude that (at least) one of these views is false. (shrink)

Pinillos’ Why We Doubt presents a powerful critique of such global skeptical assertions as “I don’t know I am not a brain-in-a-vat (BIV)” by introducing a cognitive mechanism that is sensitive to error possibilities and a Bayesian rule of rationality that this mechanism is designed to approximate. This multifaceted argument offers a novel counter to global skepticism, contending that our basis for believing such premises is underminable. In this work, we engage with Pinillos’ adoption of Bayesianism, questioning whether the Bayesian (...) principle that he invokes truly does fail to generate the verdict that we don’t we aren’t BIVs, contrary to what Pinillos asserts. Furthermore, we argue that Pinillos’ empirical argument is not empirical enough; we need a lot more empirical work if we are going to counter global skepticism and win over neutral bystanders. (shrink)

Positively re-assesses the relationship between body and soul in Plato's later dialogues, focusing on the harmony between them.

We present experimental results that support the claim that the folk concept of knowledge how is an epistemological hybrid, encompassing both intellectualist and praxist elements.

I propose a taxonomy of arguments for the existence of God and survey those categories of arguments I identify as nontraditional. I conclude with two general observations about theistic arguments, followed by suggestions for going forward.

Rose and Schaffer (forthcoming) argue that teleological thinking has a substantial influence on folk intuitions about composition. They take this to show (i) that we should not rely on folk intuitions about composition and (ii) that we therefore should not reject theories of composition on the basis of intuitions about composition. We cast doubt on the teleological interpretation of folk judgments about composition; we show how their debunking argument can be resisted, even on the assumption that folk intuitions have a (...) teleological source; and we argue that, even if folk intuitions about composition carry no weight, theories of composition can still be rejected on the basis of the intuitions of metaphysicians. (shrink)

Can a moral monster - a person whose life is characterised by immoral actions - live a meaningful life? Pre-theoretical intuitions appear divided. For some, moral monsters can't live a meaningful life because they were immoral, while for others they did because morality is irrelevant. So what is the relationship between morality and meaning? This article contends that both sides are partially correct but for the wrong reasons: moral monsters don’t live meaningful lives, but morality is irrelevant for meaning. First, (...) it is argued moral monsters live meaningless lives not because of immoral actions per se, but rather the harm they cause. Second, that moral monsters can live meaningful lives confuses meaningfulness with significance. Significance, I propose, is conferred upon a life when one's actions impact others' well-being for good or ill. On the view, moral monsters live meaningless but significant lives. (shrink)

This chapter reviews research in the experimental philosophy of consciousness. It discusses recent debates about how to characterize experimental philosophy in general. It then gives an origins story for the experimental philosophy of consciousness, emphasizing work that could be taken to support the claim that there is no folk concept of phenomenal consciousness. It then gets into two strands of subsequent research: work on the folk psychology of group phenomenal minds and work on the cognitive systems responsible for ordinary attributions (...) of phenomenal states in general. (shrink)