If one of the lessons of the ubiquitous and highly problematic ticking bomb scenario is that torture may be justified under certain narrowly specified situations, why would we not want it made available as a weapon in the government’s anti-terrorist activities? This is not a new question. It has been hotly debated, and a number of arguments have been made against the idea of formulating the torture policy on the basis of the ticking-bomb hypothetical. The question that this Essay addresses (...) is related but narrower: if one starts from the proposition that the ticking bomb scenario demonstrates that a government official facing prosecution for torture may have available the necessity defense, what implications, if any, should the government be able to draw from the existence of the defense as it formulates its torture policy? This Essay discusses, and rejects, one common answer to this question—that the nature of the necessity defense is such that it can generate no forward-looking prescriptions. This Essay then advances a new argument on the basis of the nature and function of the necessity defense as not only spelling out morally permissible instances of harm infliction but also effecting a division of power between the state and citizens. (shrink)

A solution to the problem of “overcriminalization” appears to be decriminalization of certain crimes. This Essay focuses on a group of crimes that has been labeled “proxy crimes” as a candidate to be eliminated. What are proxy crimes? Douglas Husak defines them as “offenses designed to achieve a purpose other than to prevent the conduct they explicitly proscribe.” Michael Moore describes them as involving situations where we “use one morally innocuous act as a proxy for another, morally wrongful act or (...) mental state.” Put that way, proxy crimes seem highly problematic, and Larry Alexander and Kimberly Ferzan bluntly put it, “We reject proxy crimes.” This Essay asks whether we should reject proxy crimes by presenting and evaluating Alexander and Ferzan’s treatment of the subject. After describing several different types of crimes that may be characterized as proxy crimes and Alexander and Ferzan’s rejection of most of them and their arguments for doing so, this Essay argues that their rejection of proxy crimes is incomplete, which leaves their theory open to a range of possibilities regarding the proper place of proxy crimes in criminal law. This Essay concludes that getting a handle on the problem of proxy crimes and overcriminalization requires a theory of the state and an articulation of the proper relationship between the state and its citizens that can give guidance on when the state can demand obedience from citizens to support the state and when failures to comply with such demands render one criminally culpable. Without such a theory, proposals to address overcriminalization cannot travel very far. (shrink)

In the United States and elsewhere, when a person with a criminal record is convicted of a new crime and is sentenced, his or her criminal record plays a significant role in the sentencing determin...

What is the proportionate punishment for conduct that is neither harmful nor wrongful? A likely response to that is that one ought not to be punished at all for such conduct. It is, however, common for the state to punish harmless conduct the wrongfulness of which is not always apparent. Take, for example, the requirement that those who give investment advice for compensation do so only after registering as an investment advisor. Advising a person on how to invest his or (...) her funds and accepting a fee for the advice without registering with the government does not seem harmful or wrongful, so long as no fraud is involved, the relevant parties understand the relevant risks, and so on. But practicing investment advising without registering is a crime for which one may be convicted and punished. When one thinks of crimes, paradigmatic offenses are crimes like murder, rape, and robbery, but offenses like failure to register as an investment advisor are different. But in what way? One standard explanation is the distinction between two types of offenses, malum in se and malum prohibitum. Some offenses, like murder, are wrongs “in themselves” whereas other offenses, like investment advising without registering as an advisor, are wrongs because they have been prohibited. The question this Essay asks is how we should think about proportionality of punishment when punishing such mala prohibita offenses. This Essay presents a framework for such proportionality determinations and raises some challenges such a framework would need to confront. (shrink)

The wrongfulness constraint, as a principle of criminalization, is supposed to preclude criminalization in the absence of wrongfulness. Crimes that look especially problematic from the perspective of the wrongfulness constraint are mala prohibita offenses. The aim of this Essay is to consider the question whether the wrongfulness constraint can serve as an effective tool to curb overcriminalization by looking at the case of mala prohibita offenses. This Essay defends the following propositions. First, because of the availability of an array of (...) tools to defend various mala prohibita offenses as satisfying the wrongfulness constraint, it is often not a straightforward matter to demonstrate that committing a malum prohibitum offense is not wrongful. Second, as a result, the wrongfulness constraint is of limited use as a way of stemming the tide of overcriminalization. The Essay concludes by suggesting, more broadly, that the problem of overcriminalization is not that too many crimes violate the wrongfulness constraint but that criminal laws, even those that satisfy the wrongfulness constraint, can easily become a source of oppression, and that asking whether crimes violate the wrongfulness constraint may be counterproductive because the question misdirects our attention. (shrink)

Recently in Porter v. McCollum, the United States Supreme Court, citing “a long tradition of according leniency to veterans in recognition of their service,” held that a defense lawyer’s failure to present his client’s military service record as mitigating evidence during his sentencing for two murders amounted to ineffective assistance of counsel. The purpose of this Article is to assess, from the just deserts perspective, the grounds to believe that veterans who commit crimes are to be blamed less by the (...) State than offenders without such backgrounds. Two rationales for a differential treatment of military veterans who commit crimes are typically set forth. The Porter Court raised each, stating that we should treat veterans differently “in recognition of” both “their service” and “the intense stress and mental and emotional toll” of combat. The former factor suggests there being a “social contributions” or gratitude-based discount, whereas the latter factor points towards a “mental disturbance” discount. This Article analyzes the two accounts and raises some doubts about both. This Article then argues that a military veteran who commits a crime should not be blamed to the full extent of his blameworthiness, not necessarily because of his mental capacity nor because of his social contribution, but because the State’s hand in producing his criminality undermines its standing to blame him. (shrink)

This Article examines the idea of betraying or being disloyal to one’s own country as a matter of criminal law. First, the Article defines crimes of disloyalty as involving failures to prioritize one’s own country’s interests through participating in efforts to directly undermine core institutional resources the country requires to protect itself or otherwise advance its interests by force. Second, this Article canvasses various potential arguments for the existence of a duty not to be disloyal to one’s own country and (...) argues that they fail. Finally, this Article argues that we should interpret the wrong of disloyalty crimes as involving not betrayal or infidelity, but transgression of political boundaries. That is, the relevant wrong here is rooted in the ideas of separation of powers and assignments of roles between citizens and the state, and we should thus conceive crimes of disloyalty as crimes of usurpation and evaluate the moral rights and wrongs of such crimes accordingly. (shrink)

When the US Supreme Court decided in Graham v. Florida that the Cruel and Unusual Punishments Clause of the Eighth Amendment of the Constitution prohibits a sentence of life in prison without parole for a nonhomicide crime committed by a minor, it stated that “[t]he concept of proportionality is central to the Eighth Amendment” and that it is the “precept of justice that punishment for crime should be graduated and proportioned to [the] offense.” These statements make two claims—one legal and (...) one philosophical. The philosophical claim is that justice requires proportionality in punishment, and the legal claim is that this principle of justice is central to the Eighth Amendment ban on cruel and unusual punishments. The aim of this chapter is to examine the concept of proportionality in punishment from multiple vantage points—practical, legal, and philosophical—and consider its enduring importance and persistent difficulties. (shrink)

Philosophical Issues, Volume 31, Issue 1, Page 210-226, October 2021.

Introduction: State-Centered and Individual-Centered TheoriesWhat is philosophy of criminal law? The seventeen essays in this book, as a whole, provide an excellent place to start in answering that question. Editors John Deigh and David Dolinko state that they put together this volume of “seventeen original essays by leading thinkers in the philosophy of the criminal law” in order to create “an authoritative handbook” representing “the state of current research on the major topics in the field that arise from issues in (...) the substantive criminal law” (p. v).So what is the field, and what are its major topics? There are many ways to organize this field, but I would start by observing that we can divide the world of philosophy of criminal law into two different types of theorizing: state-centered and individual-centered. The state-centered theory focuses on the proper limits of the state’s power to criminalize and punish, while the individual-centered theory focuses on questions of innocen .. (shrink)

In this paper I wish to examine in detail the arguments which Spinoza uses in a very brief section of the Ethics, the lemmas following Proposition 13 of Part II. My aim in this analysis will be twofold: to attempt a preliminary sketch of the nature of a physical system in Spinoza’s view, and to clarify what Spinoza means by speaking of certain items as “individuals.” At least a partial fulfillment of the first aim is a necessary condition for the (...) second, since most of what Spinoza has to say about individuation in the Ethics and elsewhere is expressed in terms of individual bodies. His own solution of the mind-body problem entails that there will be correlative statements true at the ideational level; but, unfortunately, he usually leaves such correlations to his reader. I use the term “ideational” herein in preference to “mental” to avoid any dualistic connotation. Ideational and extensional levels for Spinoza refer to a dualism of denoting complexes, but not to a dualism of objects denoted by these. (shrink)

This paper contributes to biodiversity and species extinction literature by examining the relationship between corporate accountability in terms of species protection and factors affecting such accountability from forward-thinking companies. We use triangulation of theories, namely deep ecology, legitimacy, and we introduce a new perspective to the stakeholder theory that considers species as a ‘stakeholder’. Using Poisson pseudo-maximum likelihood regression, we examine a sample of 200 Fortune Global companies over 3 years. Our results indicate significant positive relations between ecologically conscious companies (...) that are accountable for the protection of biodiversity and species extinction and external assurance, environmental performance, partnerships with socially responsible organizations and awards for sustainable activities. Our empirical results appear to be robust in controlling for possible endogeneities. Our findings contribute to the discussion on the concern of species loss and habitat destruction in the context of corporate accountability, especially in responding to the sixth mass extinction event and COVID-19 crisis. Our results can also guide the policymakers and stakeholders of the financial market in better decision making. (shrink)

Where Taber and Lodge view belief polarization to indicate a “partisan motivation,” Lord et al. (1979) believed it to be consistent with a desire for accuracy: A “weak” study articulating an opposing viewpoint might simply sharpen participants' initial belief of the wisdom of their prior beliefs. This polarization, Taber and Lodge show, correlates with political sophistication: The more partisan a participant, the more time spent reading the opinions of the other side—in order to critically refute them. Taber and Lodge attribute (...) such findings to people's personal identification with their beliefs. However, participants may have spent so much time reading opinions of the other side because the arguments are unfamiliar. Further, Lord et al. (1984) were able to induce people to act with “skepticism” toward their own views by simply suggesting that they “consider the other side.”. (shrink)

These are carefully placed in the context of Chinese society, demonstrating how Confucius responded to the conflicts and pressures of his time and offered ...

Church's thesis, that all reasonable definitions of “computability” are equivalent, is not usually thought of in terms of computability by acontinuouscomputer, of which the general-purpose analog computer (GPAC) is a prototype. Here we prove, under a hypothesis of determinism, that the analytic outputs of aC∞GPAC are computable by a digital computer.In [POE, Theorems 5, 6, 7, and 8], Pour-El obtained some related results. (The proof there of Theorem 7 depends on her Theorem 2, for which the proof in [POE] is (...) incorrect, but for which a correct proof is given in [LIR]. Also, the proof in [POE] of Theorem 8 depends on the unproved assertion that a solution of an algebraic differential equation must be analytic on an open subset of its domain. However, this assertion was later proved in [BRR].) As in [POE], we reduce the problem to a problem about solutions of certain systems of algebraic differential equations (ADE's). If such a system is nonsingular (i.e. if the “separant” does not vanish along the given solution), then the argument is very easy (see [VSD] for an even simpler situation), so that the essential difficulties arise fromsingularsystems. Our main tools in handling these difficulties are drawn from the excellent (and difficult) paper [DEL] by Denef and Lipshitz. The author especially wants to thank Leonard Lipshitz for his kind help in the preparation of the present paper.We emphasize here that our proof of the simulation result applies only to the GPAC as described below. The GPAC's form a natural subclass of the class of all analog computers, and are based on certain idealized components (“black boxes”), mostly associated with the technology of past decades. One can easily envisage other kinds of black boxes of an input-output character that would lead to different kinds of analog computers. (For example, one could incorporate delays, or spatial integrators in addition to the present temporal integrators, etc.) Whether digital simulation is possible for these “extended” analog computers poses a rich and challenging set of research questions. (shrink)

Spinoza semble adopter une position pleinement norninaliste lorsqu’il discue des notions universelles dans l’Ethique, mais on y trouve aussi plusieurs arguments où, semble-t-il, des universaux sont présupposés. La solution avancé par plusieurs commentateurs, y compris Haserot, est que Ie système spinoziste est d’inspiration platoniste, et qu’il faut réinterpréter les passages d’apparence nominaliste pour les accorder avec Ie platonisme ou l’essentialisme. J’argurnente qu’un tel procédé n’est justifié ni par Ie texte ni par la structure du système de Spinoza. L’interprétation du spinozisme (...) que je propose Ie place dans Ie cadre logique du nominalisme contemporain, à I’instar du système de Nelson Goodman, par exemple. (shrink)

I argue that Spinoza’s account of appetition, and its application to human sexuality, is more original than many commentators suggest; and that it offers resolutions to several puzzles in the philosophy of sex. The paper first situates these puzzles in contemporary debates, offers a detailed analysis of Spinoza’s remarks on love in general and sexual love in particular, and concludes with some of the normative consequences which Spinoza attempts to derive from these.

I argue that Spinoza’s account of appetition, and its application to human sexuality, is more original than many commentators suggest; and that it offers resolutions to several puzzles in the philosophy of sex. The paper first situates these puzzles in contemporary debates, offers a detailed analysis of Spinoza’s remarks on love in general and sexual love in particular, and concludes with some of the normative consequences which Spinoza attempts to derive from these.

My examination of Spinoza's arguments for the infinity of extended substance lead to a comparison of his views with the anti-Kantian arguments offered by Moritz Schlick, and finally to some general remarks concerning Spinoza's concept of infinite magnitude, and its limitations from a contemporary perspective.

It is often claimed that Spinoza regards aesthetic values as inherently subjective and relative. I suggest in my opening section that this reading is derived from Leibniz's misconception of Spinoza's method, and go on to develop a spinozistic account of aesthetic experience which is relational, but which sees it as rooted in human sensibility (imagination). In the closing section I take up the issue of intersubjective valuation, and the question how aesthetic values are shared within the human community. I suggest (...) also that Spinoza's somewhat out-of-fashion approach to aesthetic valuation through the concepts of 'beauty' and 'well-being' are worthy of further attention and development by contemporary aestheticians. (shrink)

Spinoza semble adopter une position pleinement nominaliste lorsqu'il discue des notions universelles dans l'Ethique, mais on y trouve aussi plusieurs arguments où, semble-t-il, des universaux sont présupposés. La solution avancé par plusieurs commentateurs, y compris Haserot, est que le système spinoziste est d'inspiration platoniste, et qu'il faut réinterpréter les passages d'apparence nominaliste pour les accorder avec le platonisme ou l'essentialisme. J'argumente qu'un tel procédé n'est justifié ni par le texte ni par la structure du système de Spinoza. L'interprétation du spinozisme (...) que je propose le place dans le cadre logique du nominalisme contemporain, à l'instar du système de Nelson Goodman, par exemple. (shrink)

L’objectif de cet article est de proposer une analyse de deux conceptions distinctes de la causalité chez Spinoza. Selon la première la nature-dieu serait la cause directe de toute action qui a lieu au niveau des choses finies; tandis que, selon la seconde toute action finie ferait partie d’une chaîne infinie de causes qui est répandue dans la durée. Je montre que cette causalité-ci n’est ni illusoire ni simplement derivative, contre les suggestions de plusieurs travaux récents sur Spinoza. En deuxième (...) lieu nous proposons un modèle pour la causalité consécutive qui assure la possibilité que les êtres finis puissent fonctionner comme des causes adéquates au sens spinoziste dans le champ physique. Ici l’analyse s’oppose à plusieurs chercheurs qui soutiennent qu’il existe une rupture entre les attributs de la pensée et de l’étendue dans le système spinoziste.This study addresses the problem of analyzing two distinct conceptions of causality in Spinoza. According to the first god-nature is the direct cause of every action which occurs at the level of finite things; while, according to the second , every finite action would be part of an infinite chain of causes extended into duration. I show that sequential causality is neither illusory nor simply derivative, contrary to the suggestions made by several recent studies of Spinoza. Secondly, I offer a model for sequential causality which assures the possibility that finite beings may function as adequate causes within the physical field. Here my analysis is opposed to those commentators who argue for a rupture in Spinoza between the attributes of thought and extension. (shrink)

The scholar Jin Tian-zhu (1690 ~ 1765) was a Muslim of the Hui 回 ethnic group in the Qing dynasty who adhered to Islamic traditions handed down from generation to generation. In Qing Zhen Shi Yi, Jin Tian-zhu attempts to combine Confucianism and Islam through a simple comparison of their rituals. Jin Tian-zhu expresses his respect for Allah by attesting Allah’s existence and insisting that humans should obey Allah. He admits that in reality, besides Allah, the ruler is also clearly (...) an object of loyalty. In addition, he asserts that it is basic propriety for Muslims to be filial to their parents and that the scope of practice of filial piety must also apply to their ancestors beyond their parents. Jin Tian-zhu further expands his view of zhongxiao 忠孝 by asserting that the ultimate Muslim interest is in renlun 人倫, which he believes must be rectified. (shrink)

We concur with Cohen Kadosh & Walsh (CK&W) that representation of numbers in the parietal cortex is format dependent. In addition, we suggest that all formats do not automatically, and equally, access analog magnitude representation in the intraparietal sulcus (IPS). Understanding how development, learning, and context lead to differential access of analog magnitude representation is a key question for future research.

Despite the considerable attention given to Spinoza’s account of affectivity, especially in recent years, scant attention has been paid to the distinction between action and passion, or to the problems which it presents internally and externally. This essay offers a clarification and defense of Spinoza’s account of action and passion. A second theme is the behavioristic nature of Spinoza’s account of human affectivity. Despite the bad press which behaviorism is receiving these days, I argue that the behavioristic aspects of Spinoza’s (...) account are defensible. (shrink)

I ARGUE THAT SPINOZA’S DEVELOPMENT OF THE CONCEPT OF ’CONATION’ IS A CONSISTENT ANALYSIS BASED UPON HIS CLAIM THAT TELEOLOGICAL OR FUNCTIONAL EXPLANATION IS EITHER REDUCIBLE TO CAUSAL EXPLANATION (IN TERMS OF DRIVES) OR IS NOT GENUINELY EXPLANATORY. SEVERAL IMPORTANT CONSEQUENCES OF THIS FOR SPINOZA’S ACCOUNT OF HUMAN APPETITION ARE PURSUED, AND SOME CONSEQUENCES FOR HIS POLITICAL THEORY ARE MENTIONED IN CLOSING.

Although psychology has long professed that perception predicts action, the strength of the evidence supporting the statement depends on the ecological validity of the technologies and paradigms used, particularly those that track eye movements, supporting Cesario's argument. While right to call for ecological validity, Cesario's model fails to account for individual differences in visual experience perceivers have when presented with the same stimulus.