A multiple analogy is a structured comparison in which several sources are likened to a target. In "Multiple analogies in science and philosophy," Shelley provides a thorough account of the cognitive representations and processes that participate in multiple analogy formation. Through analysis of real examples taken from the fields of evolutionary biology, archaeology, and Plato's "Republic," Shelley argues that multiple analogies are not simply concatenated single analogies but are instead the general form of analogical inference, of which single analogies are (...) a special case. The result is a truly general cognitive model of analogical inference.Shelley also shows how a cognitive account of multiple analogies addresses important philosophical issues such as the confidence that one may have in an analogical explanation, and the role of analogy in science and philosophy.This book lucidly demonstrates that important questions regarding analogical inference cannot be answered adequately by consideration of single analogies alone. (shrink)

Modern attitudes to meat in both men and women reflect a strong meat-masculinity association. Sex differences in the relationship between meat and masculinity have not been previously explored. In the current study we used two IATs (implicit association tasks), a visual search task, and a questionnaire to measure implicit and explicit attitudes towards meat in men and women. Men exhibited stronger implicit associations between meat and healthiness than did women, but both sexes associated meat more strongly with 'healthy' than 'unhealthy' (...) concepts, suggesting that the meat-masculinity association readily observed across western cultures may be mediated by a meat-strength/power association. The sex difference was not related to explicit attitudes to meat, nor was it attributable to a variety of other factors, such as a generally more positive disposition toward meat in men than women. Men also exhibited an attention bias toward meats, compared to non-meat foods, while females exhibited more caution when searching for non-meat foods, compared to meat. These biases were not related to implicit attitudes, but did tend to increase with increasing hunger levels. Potential ultimate explanations for these differences, including sex differences in bio-physiological needs and receptivity to social signals are discussed. (shrink)

There are, broadly speaking, two ways to think about rationality, as defined in the following passage: ‘Reason’ for a long time meant the activity of understanding and assimilating the eternal ideas which were to function as goals for men. Today, on the contrary, it is not only the business but the essential work of reason to find means for the goals one adopts at any given time. To use what Horkheimer called objective reason, and what others have called expressive or (...) non–instrumental reason, is to reflect on one's goals, to attempt to determine what preferences one ought to hold. On the other hand, to use what Horkheimer called subjective reason is to ‘be concerned with means and ends, with the adequacy of procedures for purposes more or less taken for granted’, that is, to be instrumentally rational. This contrast between non-instrumental and instrumental reason is at the heart of many contemporary social and philosophical disputes. 1. (shrink)

Volume 55, Issue 2, April 2024, Page 198-199.

Wisdom Beyond Words: Sense and Non-Sense in the Buddhist Prajnaparamita Tradition. Sangharakshita. Windhorse Publications, Glasgow 1993. 295 pp. £9.95.

Zen in America. Helen Tworkov. Kodansha America Inc., New York 1994. 271 pp. £13.99.

Odysseus’ Apologue, Books 9 to 12 of the “Odyssey”, is characterized by a substantial repetition of acts/scenes of eating/feasting. The following analysis serves, firstly, as a structural indication of the pervasiveness of eating acts to several episodes in Odysseus’ internal narrative, observing parallels between certain episodes which have not as yet been noticed. Secondly, I illustrate how acts of eating come to connote secondary associations in the Apologue, oscillating between the danger of destruction and of delay for the Ithacan travellers. (...) These connotations of eating ultimately respond both to Odysseus’ situation in Scheria and to the threat of the suitors in Ithaca. (shrink)

ABSTRACT:Deliberative democratic theory, commonly used to explore questions of “political” corporate social responsibility, has become prominent in the literature. This theory has been challenged previously for being overly sanguine about firm profit imperatives, but left unexamined is whether corporate contexts are appropriate contexts for deliberative theory in the first place. We explore this question using the case of Starbucks’ “Race Together” campaign to show that significant challenges exist to corporate deliberation, even in cases featuring genuinely committed firms. We return to (...) the underlying social theory to show that this is not an isolated case: for-profit firms are predictably hostile contexts for deliberation, and significant normative and strategic problems can be expected should deliberative theory be imported uncritically to corporate contexts. We close with recent advances in deliberative democratic theory that might help update the PCSR project, and accommodate the application of deliberation to the corporate context, albeit with significant alterations. (shrink)

Marketing systems research has the potential to contribute to the well-being of individuals, communities and our environment but we need to ensure that we do not mechanistically apply inadequate approaches. This article identifies tensions and limitations within the developing marketing systems theory and literature. Using the tools of critical realism, we aim to critique the omissions in the metatheory of marketing systems research and then put forward CR to reconstruct a more comprehensive basis for the development of marketing systems theory. (...) We draw attention to the failings of current metatheory in its use of conflationary approaches to theorizing before setting out the features of a CR informed study of marketing systems. (shrink)

This article uses an account of dwelling to interrogate the concept of curriculum making. Tim Ingold’s use of dwelling to understand culture is productive here because of his implicit and explicit interest in intergenerational learning. His account of dwelling rests on a foundational ontological claim—that mental construction and representation are not the basis upon which we live in the world—which is very challenging for the kinds of curriculum making with which many educators are now familiar. It undermines assumptions of propositional (...) knowledge and of the use of mental schemas to communicate and share. At the level of critique, then, dwelling destabilizes contemporary ideas of curriculum as textual, pre-specified content for transmission or pre-defined objectives or standardized activity. The positive claims of dwelling are equally challenging, for these are that the world is a domain of relational entanglement in which an organism can be no more than a point of growth for an emergent ‘environment’, and meaning only inheres in these relations. The paper articulates how differentiation (of learner, salient meanings, knowledge, skill and place) are possible in such an ontology, and how curriculum making can be understood from this perspective as being the remaking of relationships between these. (shrink)

Decades of research conducted in Western, Educated, Industrialized, Rich, & Democratic (WEIRD) societies have led many scholars to conclude that the use of mental states in moral judgment is a human cognitive universal, perhaps an adaptive strategy for selecting optimal social partners from a large pool of candidates. However, recent work from a more diverse array of societies suggests there may be important variation in how much people rely on mental states, with people in some societies judging accidental harms just (...) as harshly as intentional ones. To explain this variation, we develop and test a novel cultural evolutionary theory proposing that the intensity of kin-based institutions will favor less attention to mental states when judging moral violations. First, to better illuminate the historical distribution of the use of intentions in moral judgment, we code and analyze anthropological observations from the Human Area Relations Files. This analysis shows that notions of strict liability—wherein the role for mental states is reduced—were common across diverse societies around the globe. Then, by expanding an existing vignette-based experimental dataset containing observations from 321 people in a diverse sample of 10 societies, we show that the intensity of a society's kin-based institutions can explain a substantial portion of the population-level variation in people's reliance on intentions in three different kinds of moral judgments. Together, these lines of evidence suggest that people's use of mental states has coevolved culturally to fit their local kin-based institutions. We suggest that although reliance on mental states has likely been a feature of moral judgment in human communities over historical and evolutionary time, the relational fluidity and weak kin ties of today's WEIRD societies position these populations' psychology at the extreme end of the global and historical spectrum. (shrink)

Appropriate for both academic readers and informed general enthusiasts of the cinema it addresses, the book demonstrates both philosophy's particular usefulness for the analysis of modernist cinema and film form's inherent potential for ...

This Handbook re-examines the concept of early modern history in a European and global context. Volume I addresses social and cultural identity, examining structural factors such as climate, printing and the revolution in information, economic developments, and religion, including chapters on Orthodoxy, Judaism and Islam.

This Handbook re-examines the concept of early modern history in a European and global context. Volume II engages with philosophy, science, art and architecture, music, and the Enlightenment, and examines the military and political developments within and beyond the boundaries of Europe.

ABSTRACTThis paper is premised on the call to re-orientate marketing as a contributing social science. It gathers together criticisms of marketing research which identify inconsistencies that prevent our progress. It posits that we are driven to reproduce these inconsistencies because of a closed-system of practice and because of the generative absence of an effective, reflexive and integrative metatheoretical structure. In response to these problems, the paper aims to offer an integrative metatheoretical structure from which to ground our research and intervene (...) in the identified inconsistencies. The paper therefore offers a perspective on the constitution of the world, before addressing the terms and conditions on which the world is to be researched and explained. This conceptual contribution employs tools developed in the critical realist philosophy of social science to address: instances of absence within marketing research; and how these instances are generated and reproduced. It then suggests how these absences can be rectified. (shrink)

The term 'covert mixed quotation' describes cases in which linguistic material is interpreted in the manner of mixed quotation — that is, used in addition to being mentioned — despite the superficial absence of any commonly recognized conventional devices indicating quotation. After developing a novel theory of mixed quotation, I show that positing covert mixed quotation allows us to give simple and unified treatments of a number of puzzling semantic phenomena, including the projective behavior of conventional implicature items embedded in (...) indirect speech reports and propositional attitude ascriptions, so-called 'c-monsters,' metalinguistic negation, metalinguistic negotiation, and 'in a sense' constructions. (shrink)

It is clear throughout Cognitive Gadgets Heyes believes the development of cognitive capacities results from the interaction of genes and experience. However, she opposes cognitive instincts theorists to her own view that uniquely human capacities are cognitive gadgets. Instinct theorists believe that cognitive capacities are substantially produced by selection, with the environment playing a triggering role. Heyes’s position is that humans have similar general learning capacities to those present across taxa, and that sophisticated human cognition is substantially created by our (...) socioculturally transmitted environment. It is a core strategy of Heyes to provide evidence of learning altering a cognitive capacity to conclude that a capacity is a cognitive gadget and not an instinct. We draw on recent work on the evolution of learning preparedness to examine the adequacy of this strategy. In particular, we analyse experimental evolution work showing how selection affects cognition within the laboratory. First, this work reveals that change due to learning can still be retained under genetic assimilation. This suggests that domain-specific adaptation can coexist with learning, moderate nativism, an option missed by the instinct versus gadget distinction. Second, we describe the conditions that select for increased preparedness in learning: certainty, reliability, and particular costs. We consider how these conditions can be used when conducting evolutionary reasoning about cognition, applying them to the important capacity for imitation. We find that the conditions lend theoretical support to moderate nativism about the capacity to imitate, which is supported by psychological evidence. (shrink)

For A. J. Ayer, the occurrence of delusions confutes the notion that we perceive the world directly. He argues instead that perceptions are caused by immaterial “sense data” which somehow represent the properties of material things to us in our experiences. J. L. Austin systematically rejects Ayer’s claims, arguing that the occurrence of delusions does not preclude the possibility of direct perception, and that, indeed, our normal perception is direct. I challenge both philosophers’ ideas by examining how they deal with (...) the phenomenon of colour. (shrink)

Paul Sheehy has argued that the modal realist cannot satisfactorily allow for the necessity of God’s existence. In this short paper I show that she can, and that Sheehy only sees a problem because he has failed to appreciate all the resources available to the modal realist. God may be an abstract existent outside spacetime or He may not be: but either way, there is no problem for the modal realist to admit that He exists at every concrete possible world.

Gender dysphoria is a clinically significant incongruence between expressed gender and assigned gender, with rapidly growing prevalence among children. The UK High Court recently conducted a judicial review regarding the service provision at a youth-focussed gender identity clinic in Tavistock. The high court adjudged it ‘highly unlikely’ that under-13s, and ‘doubtful’ that 14–15 years old, can be competent to consent to puberty blocker therapy for GD. They based their reasoning on the limited evidence regarding efficacy, the likelihood of progressing to (...) cross-sex hormone therapy and the ‘life-changing consequences’ of puberty blockers. In this article, I offer two concurrent arguments to dispute their reasoning. First, I argue that minors can be competent to consent to puberty blockers for GD, because the decision to undergo puberty blocker therapy is no more complex or far-reaching than other medical decisions that we accept a child should be able to make. Second, I argue that—irrespective of competence—such legal restriction for all children fundamentally contradicts the central ethical tenet of child healthcare: best interests. For these two reasons, the high court should not restrict access to puberty blockers for competent GD children. (shrink)

The presumption of innocence has often been understood as a doctrine that can be explained primarily by instrumental concerns relating to accurate fact-finding in the criminal trial and that has few if any implications outside the trial itself. In this paper, I argue, in contrast, that in a liberal legal order everyone has a right to be presumed innocent simply in virtue of being a person. Every person has a right not to be subjected to criminal punishment unless and until (...) he or she has done something that is criminally wrong. Since disagreements about allegations of criminal wrongdoing are inevitable, the liberal legal order requires a process for determining whether wrongdoing has occurred. In order to preserve the right not to be punished without wrongdoing, the accused person must be presumed innocent throughout this process. The presumption of innocence is therefore as much a basic human right as, for example, the right to bodily integrity or the right to freedom of expression. Specifications of and limitations on the right should therefore be justified not primarily in terms of their instrumental effectiveness in fact-finding or crime control but in terms of the role of the criminal process in a liberal legal order. I consider some implications of this view of the presumption of innocence for the pre-trial process and for substantive criminal law. I argue that the presumption of innocence, understood as a basic human right, should condition the entire pre-trial process; it has, however, minimal implications for the definition of offences. (shrink)

In De Anima 2.4, Aristotle claims that nutritive soul encompasses two distinct biological functions: nutrition and reproduction. We challenge a pervasive interpretation which posits ‘nutrients’ as the correlative object of the nutritive capacity. Instead, the shared object of nutrition and reproduction is that which is nourished and reproduced: the ensouled body, qua ensouled. Both functions aim at preserving this object, and thus at preserving the form, life, and being of the individual organism. In each case, we show how Aristotle’s detailed (...) biological analysis supports this ontological argument. (shrink)

The harm principle, understood as the normative requirement that conduct should be criminalized only if it is harmful, has difficulty in dealing with those core cases of criminal wrongdoing that can occur without causing any direct harm. Advocates of the harm principle typically find it implausible to hold that these core cases should not be crimes and so usually seek out some indirect harm that can justify criminalizing the seemingly harmless conduct. But this strategy justifies criminalization of a wide range (...) of conduct on the basis of the fear, worry, and anxiety it generates among those who are not the direct victims of the conduct, and thereby undermines the limiting role of the harm principle by permitting the very move it was meant to prevent: the criminalization of harmless conduct on the ground of others’ feelings about it. The best way to avoid this dilemma is to recognize that people have rights, operating independently of the harm principle, to be treated in certain ways just because they are persons. The existence of such rights provides a ground for both criminalizing conduct and limiting the scope of criminalization because these rights point both to conduct that people must be permitted to engage in and conduct that might well be criminalized. A complete account of criminal law will therefore require the harm principle to work together with an independent account of rights. (shrink)

Is there a distinctively epistemic kind of blame? It has become commonplace for epistemologists to talk about epistemic blame, and to rely on this notion for theoretical purposes. But not everyone is convinced. Some of the most compelling reasons for skepticism about epistemic blame focus on disanologies, or asymmetries, between the moral and epistemic domains. In this paper, I defend the idea that there is a distinctively epistemic kind of blame. I do so primarily by developing an account of the (...) nature of epistemic blame. My account draws on a prominent line of theorizing in moral philosophy that ties blame to our relationships with one another. I argue that with my account of epistemic blame on hand, the most compelling worries about epistemic blame can be deflated. There is a distinctively epistemic kind of blame. (shrink)

Deep learning is currently the most prominent and widely successful method in artificial intelligence. Despite having played an active role in earlier artificial intelligence and neural network research, philosophers have been largely silent on this technology so far. This is remarkable, given that deep learning neural networks have blown past predicted upper limits on artificial intelligence performance—recognizing complex objects in natural photographs and defeating world champions in strategy games as complex as Go and chess—yet there remains no universally accepted explanation (...) as to why they work so well. This article provides an introduction to these networks as well as an opinionated guidebook on the philosophical significance of their structure and achievements. It argues that deep learning neural networks differ importantly in their structure and mathematical properties from the shallower neural networks that were the subject of so much philosophical reflection in the 1980s and 1990s. The article then explores several different explanations for their success and ends by proposing three areas of inquiry that would benefit from future engagement by philosophers of mind and science. (shrink)

This article revolves around the debate surrounding the lack of a coherent definition for corporate social responsibility (CSR). I make use of Jacques Derrida’s theorizing on contested meaning to argue that CSR’s ambiguity is actually necessary in light of its functional role as a “supplement” to corporate profit-seeking. As a discourse that refuses to conclusively resolve the tension between profit-seeking and prosociality, CSR expresses an important critical perspective which demands that firms act responsibly, while retaining the overall corporate frame of (...) shareholder supremacy. CSR does this by ambivalently affirming both profit-seeking and prosociality, a necessary contradiction. Attempts to reduce CSR’s ambiguity can thus only succeed by undermining its viability as a normative discourse that captures how certain elements of society understand how firms should act. The analysis suggests that greater scholarly attention is needed with regard to the material discursive environments within which discourses such as CSR are deployed. A discursive approach to research could thus benefit future practitioners, who have to act according to fluid standards of responsibility that cannot be authoritatively defined, but which can be better understood than they are at present. (shrink)

In artificial intelligence, recent research has demonstrated the remarkable potential of Deep Convolutional Neural Networks (DCNNs), which seem to exceed state-of-the-art performance in new domains weekly, especially on the sorts of very difficult perceptual discrimination tasks that skeptics thought would remain beyond the reach of artificial intelligence. However, it has proven difficult to explain why DCNNs perform so well. In philosophy of mind, empiricists have long suggested that complex cognition is based on information derived from sensory experience, often appealing to (...) a faculty of abstraction. Rationalists have frequently complained, however, that empiricists never adequately explained how this faculty of abstraction actually works. In this paper, I tie these two questions together, to the mutual benefit of both disciplines. I argue that the architectural features that distinguish DCNNs from earlier neural networks allow them to implement a form of hierarchical processing that I call “transformational abstraction”. Transformational abstraction iteratively converts sensory-based representations of category exemplars into new formats that are increasingly tolerant to “nuisance variation” in input. Reflecting upon the way that DCNNs leverage a combination of linear and non-linear processing to efficiently accomplish this feat allows us to understand how the brain is capable of bi-directional travel between exemplars and abstractions, addressing longstanding problems in empiricist philosophy of mind. I end by considering the prospects for future research on DCNNs, arguing that rather than simply implementing 80s connectionism with more brute-force computation, transformational abstraction counts as a qualitatively distinct form of processing ripe with philosophical and psychological significance, because it is significantly better suited to depict the generic mechanism responsible for this important kind of psychological processing in the brain. (shrink)

I consider David Efird and Tom Stoneham's recent version of the subtraction argument for metaphysical nihilism, the view that there could have been no concrete objects at all. I argue that the two premises of their argument are only jointly acceptable if the quantifiers in one range over a different set of objects from those which the quantifiers in the other range over, in which case the argument is invalid. So either the argument is invalid or we should not accept (...) both its premises. (shrink)

This paper provides a critical overview of recent work on epistemic blame. The paper identifies key features of the concept of epistemic blame and discusses two ways of motivating the importance of this concept. Four different approaches to the nature of epistemic blame are examined. Central issues surrounding the ethics and value of epistemic blame are identified and briefly explored. In addition to providing an overview of the state of the art of this growing but controversial field, the paper highlights (...) areas where future work is needed. (shrink)

Systems thinking has emerged as a means of conceptualizing and addressing complex public health problems, thereby challenging more commonplace understanding of problems and corresponding solutions as straightforward explanations of cause and effect. Systems thinking tries to address the complexity of problems through qualitative and quantitative modeling based on a variety of systems theories, each with their own assumptions and, more importantly, implicit and unexamined values. To date, however, there has been little engagement between systems scientists and those working in bioethics (...) and public health ethics. The goal of this paper is to begin to consider what it might mean to combine systems thinking with public health ethics to solve public health challenges. We argue that there is a role for ethics in systems thinking in public health as a means of elucidating implicit assumptions and facilitating ethics debate and dialogue with key stakeholders. (shrink)

One challenge in developing an account of the nature of epistemic blame is to explain what differentiates epistemic blame from mere negative epistemic evaluation. The challenge is to explain the difference, without invoking practices or behaviors that seem out of place in the epistemic domain. In this paper, I examine whether the most sophisticated recent account of the nature of epistemic blame—due to Jessica Brown—is up for the challenge. I argue that the account ultimately falls short, but does so in (...) an instructive way. Drawing on the lessons learned, I put forward an alternative approach to the nature of epistemic blame. My account understands epistemic blame in terms of modifications to the intentions and expectations that comprise our “epistemic relationships” with one another. This approach has a number of attractions shared by Brown’s account, but it can also explain the significance of epistemic blame. (shrink)

BackgroundResponsive neurostimulation has been utilized as a treatment for intractable epilepsy. The RNS System delivers stimulation in response to detected abnormal activity, via leads covering the seizure foci, in response to detections of predefined epileptiform activity with the goal of decreasing seizure frequency and severity. While thalamic leads are often implanted in combination with cortical strip leads, implantation and stimulation with bilateral thalamic leads alone is less common, and the ability to detect electrographic seizures using RNS System thalamic leads is (...) uncertain.ObjectiveThe present study retrospectively evaluated fourteen patients with RNS System depth leads implanted in the thalamus, with or without concomitant implantation of cortical strip leads, to determine the ability to detect electrographic seizures in the thalamus. Detailed patient presentations and lead trajectories were reviewed alongside electroencephalographic analyses.ResultsAnterior nucleus thalamic leads, whether bilateral or unilateral and combined with a cortical strip lead, successfully detected and terminated epileptiform activity, as demonstrated by Cases 2 and 3. Similarly, bilateral centromedian thalamic leads or a combination of one centromedian thalamic alongside a cortical strip lead also demonstrated the ability to detect electrographic seizures as seen in Cases 6 and 9. Bilateral pulvinar leads likewise produced reliable seizure detection in Patient 14. Detections of electrographic seizures in thalamic nuclei did not appear to be affected by whether the patient was pediatric or adult at the time of RNS System implantation. Sole thalamic leads paralleled the combination of thalamic and cortical strip leads in terms of preventing the propagation of electrographic seizures.ConclusionThalamic nuclei present a promising target for detection and stimulation via the RNS System for seizures with multifocal or generalized onsets. These areas provide a modifiable, reversible therapeutic option for patients who are not candidates for surgical resection or ablation. (shrink)

Quotation marks in natural language that do not function straightforwardly as devices for securing reference to linguistic objects have generally been categorized as instances of either mixed quotation or scare quotation. I argue that certain uses of quotation marks in natural language resist assimilation to either of these two theoretical categories, as well as to the more familiar categories of pure and direct quotation. It follows that we must recognize a novel type of quotation in natural language, which I call (...) dummy quotation because it involves the contribution of semantically minimal `dummy meanings' to composition. I develop a semantic theory of dummy quotation and show that it is better able than rival proposals to account for the troublesome examples in question. (shrink)

Disease in wildlife raises a number of issues that have not been widely considered in the bioethical literature. However, wildlife disease has major implications for human welfare. The majority of emerging human infectious diseases are zoonotic: that is, they occur in humans by cross-species transmission from animal hosts. Managing these diseases often involves balancing concerns with human health against animal welfare and conservation concerns. Many infectious diseases of domestic animals are shared with wild animals, although it is often unclear whether (...) the infection spills over from wild animals to domestic animals or vice versa. Culling is the standard means of managing such diseases, bringing economic considerations, animal welfare and conservation into conflict. Infectious diseases are also major threatening processes in conservation biology and their appropriate management by culling, vaccination or treatment raises substantial animal ethics issues. One particular issue of great significance in Australia is an ongoing research program to develop genetically modified pathogens to control vertebrate pests including rabbits, foxes and house mice. Release of any self-replicating GMO vertebrate pathogen gives rise to a whole series of ethical questions. We briefly review current Australian legal responses to these problems. Finally, we present two unresolved problems of general importance that are exemplified by wildlife disease. First, to what extent can or should 'bioethics' be broadened beyond direct concerns with human welfare to animal welfare and environmental welfare? Second, how should the irreducible uncertainty of ecological systems be accounted for in ethical decision making? (shrink)

Does Aristotle offer a definition of the soul? In fact, he rejects the possibility of defining the soul univocally. Because “life” is a homonymous concept, so too is “soul”. Given the specific causal role that Aristotle envisages for form and essence, the soul requires multiple different definitions to capture how it functions as a cause in each form of life. Aristotle suggests demonstrations can be given which express these causal definitions; I reconstruct these demonstrations in the paper.

The increase in incarceration of offenders in the United States over the last 40 years has created a system of mass incarceration or mass punishment. While consequentialist theories of punishment may generate considerable doubts about the value of this system, it seems that retributive theories of punishment lack the resources to criticize mass punishment. Because of their focus on individual desert, it seems that they can say nothing about punishment in the aggregate. Nevertheless, there are good reasons for a certain (...) kind of retributivism to question the justice of mass punishment. When retributive punishment is considered as one of the functions of a state whose task is to create and maintain a system of equal freedom for all, then punishment must be justified not only at the individual level but also at the level of the system of punishment as a whole. If the criminal justice system inflicts excessive amounts of punishment in the aggregate, it becomes unjust, not because individual offenders are treated unjustly, but because a policy of relentless prosecution and punishment is not appropriate for a free society. (shrink)