The penal substitution account of the Atonement fails for conceptual reasons: punishment is expressive action, condemning the party punished, and so is not transferable from a guilty to an innocent party. But there is a relative to the penal substitution view, the vicarious punishment account, that is neither conceptually nor morally objectionable. On this view, the guilty person’s punishment consists in the suffering of an innocent to whom he or she bears a special relationship. Sinful humanity (...) is punished through the inglorious death of Jesus Christ; ill-desert is thus requited, and an obstacle to unity with God is overcome. (shrink)

Penal substitution in a theological context is the doctrine that God inflicted upon Christ the suffering which we deserved as the punishment for our sins, as a result of which we no longer deserve punishment. Ever since the time of Faustus Socinus, the doctrine has faced formidable, and some would say insuperable, philosophical challenges. Critics of penal substitution frequently assert that God’s punishing Christ in our place would be an injustice on God’s part. For it is (...) an axiom of retributive justice that it is unjust to punish an innocent person. But Christ was an innocent person. Since God is perfectly just, He cannot therefore have punished Christ. Virtually every premiss in this argument is challengeable. Not all penal substitution theories affirm that Christ was punished for our sins. The argument makes unwarranted assumptions about the ontological foundations of moral duty independent of God’s commands. It presupposes without warrant that God is by nature an unqualified negative retributivist. It overlooks the possibility that the prima facie demands of negative retributive justice might be overridden in Christ’s case by weightier moral considerations. And it takes it for granted that Christ was legally innocent, which is denied by the classic doctrine of imputation. It thus fails to show any injustice in God’s punishing Christ in our place. (shrink)

It might be objected to penal substitutionary theories that punishing Christ could not possibly meet the demands of divine retributive justice. For punishing another person for my crimes would not serve to remove my guilt. The Anglo-American system of justice, in fact, does countenance and even endorse cases in which a substitute satisfies the demands of retributive justice. Moreover, Christ’s being divinely and voluntarily appointed to act not merely as our substitute but as our representative enables him to serve (...) as our proxy before God, so that when he is punished, we are punished, to the satisfaction of divine justice. (shrink)

If a guilty offender is justly sentenced to be punished and an innocent volunteer agrees to be punished instead, is that any reason to leave the offender unpunished? In the context of mundane criminal justice, we mostly think not. But in a religious context, some Christians do believe in penal substitution as a theory of the atonement. However, it is not just these Christians, but most of us, who are of two minds. If the punishment is an imprisonment (...) or death, we do not believe in penal substitution. But if it’s a fine, even a big fine, we mostly do. (shrink)

In this contribution we investigate the conceptual coherence of penal substitution and its moral validity. After assessing two opposing modern contributions, we turn to Reformed and medieval scholasticism. This scholastic manoeuvre sheds additional light on the analytic questions at issue. Following Owen and Scotus in their use of a relational analysis of guilt and its punishment, we argue that penal substitution is conceptually and morally coherent, albeit not univocally vis-à-vis ordinary punishment. Absent from the case of (...) substitution is personal deservedness; herein we follow Murphy. However, this leaves open the conceptual possibility of representative deservedness. (shrink)

SummaryThe recent atonement literature reveals a growing trend accepting the thesis that the Reformer’s doctrine just is the biblical doctrine of penal substitution. This is the claim of William Lane Craig in his recent works on the atonement. In the present article, we challenge these set of claims in Craig’s recent works and advance an alternative theory of the atonement that has some significant footing in the Reformed theological tradition, most notably reflected in the theologian, William Ames. Finally, (...) we lay out several reasons why Craig’s doctrine of the atonement fails to capture the biblical data on the atonement and fails to avoid the legal fiction problem parasitic on most, if not all, accounts of penal substitution. (shrink)

The doctrine of penal substitution claims that it was good (or required) for God to punish in response to human sin, and that Christ received this punishment in our stead. I argue that this doctrine’s central factual claim—that Christ was punished by God—is mistaken. In order to punish someone, one must at least believe the recipient is responsible for an offense. But God surely did not believe the innocent Christ was responsible for an offense, let alone the offense (...) of human sin. So, the central factual claim is mistaken. In the final section, I show that this critique of penal substitution does not apply to the closely-related Anselmian satisfaction theory. (shrink)

This paper is a philosophical defense of the doctrine of penal substitution. I begin with a delineation of Richard Swinburne’s satisfaction-type theory of the atonement, exposing a weakness of it which motivates a renewed look at the theory of penal substitution. In explicating a theory of penal substitution, I contend that: (i) the execution of retributive punishment is morally justified in certain cases of deliberate wrongdoing; (ii) deliberate human sin against God constitutes such a (...) case; and (iii) the transfer of the retributive punishment due sinners to Christ is morally coherent. Whatever else might be said for and against such a conception of the doctrine of the atonement, the plausibility of the theory presented here should give us pause in the often hasty rejection of the doctrine of penal substitution. (shrink)

Name der Zeitschrift: Neue Zeitschrift für Systematische Theologie und Religionsphilosophie Jahrgang: 60 Heft: 2 Seiten: 208-228.

Professor William Lane Craig argues that a particular set of concerns about the Christian doctrine of penal substitution (namely, that Jesus of Nazareth was sacrificed for the sins of humanity) can be satisfied. This article provides rebuttals to said replies in an attempt to render plausible the claim that God exists to the extent that God is perfectly just, and that divine justice requires, among other things, that God never engage in the harming of innocents, consistent with any (...) doctrine of retributivism worthy of the name. The doctrine of God, then, must remain consistent with unqualified negative retributivism. Any theism which might suggest otherwise violates such vital considerations of justice and fairness and must be rejected. (shrink)

The doctrine of the atonement is a subject of perpetual curiosity for a number of contemporary theologians. The penal substitution theory of atonement in particular has precipitated a great deal of recent interest, being held up by many Protestants as ‘the’ doctrine of atonement. In this essay, we make a defense against the objection to the Anselmian theory of atonement that is often leveled against it by exponents of the Penal Substitution theory, namely, that Christ’s work (...) does not accomplish anything for those whom it appears he undertakes his atoning work, but merely makes provision for salvation. (shrink)

In this short essay the author deals with the fundamental question of whether the Inference to the Best Explanation (IBE) model has sufficient grounds to be considered as a substitute of the current criminal standard of proof (proof Beyond All Reasonable Doubt). After giving an overview of the IBE model as proposed in more general fields such as epistemology and the philosophy of science, and after concluding that the IBE has failed as a model of the acceptance and rejection of (...) scientific theories, the author analysis its plausibility when applied as a decision rule for inferring if the accused is guilty or not.Resumen:En este artículo, el autor aborda la cuestión fundamental de si el modelo de la Inferencia a la Mejor Explicación (IME) es adecuado o no para fungir como sustituto del Estándar de Prueba (E de P) actual que rige en materia penal en los Estados Unidos de América (prueba más allá de toda duda razonable). Luego de una breve exposición del esquema general de la IME propuesto en los terrenos de la epistemología y la filosofía de la ciencia, y luego de concluir que se trata de un modelo deficiente para explicar la actividad consistente en la aceptación y rechazo de teorías científicas, el autor procede al análisis específico de su aplicación en el campo de la decisión (de un juez o jurado) relativa a la culpabilidad o inocencia del penalmente inculpado. (shrink)

Twenty-four U.S. states have enacted HIV exposure laws that prohibit HIV-positive persons from engaging in sexual activities with partners to whom they have not disclosed their HIV-status. From a public health perspective, HIV serostatus exposure laws can be viewed as structural interventions that seek to limit the spread of HIV by acting at the policy level. A central premise of these laws is that informed partners are more likely to protect themselves by declining sex, by substituting less risky activities for (...) higher-risk ones, or by using condoms, than are uninformed partners. However, the effectiveness of these laws at preventing HIV transmission is not known.There is little standardization among existing HIV exposure laws, which vary substantially with respect to the sexual activities that are prohibited without prior serostatus disclosure. Among the strictest laws are those in Arkansas, Michigan, New Jersey, and Ohio which mandate disclosure prior to almost any type of sexual contact. (shrink)

Przekład na podstawie: „Do We Believe in Penal Substitution?”, Philosophical Papers 26 : 203-209. Przekład za zgodą Wydawcy Artykuł D. Lewisa rozważa dopuszczalność poniesienia kary w zastępstwie za winowajcę w odniesieniu do aktualnie obowiązującego systemu prawa karnego, w którym kara nie pełni funkcji rekompensaty, i do chrześcijańskiej interpretacji śmierci Chrystusa w kategoriach Odkupienia. Może wydawać się, że obecnie kara zastępcza nie jest akceptowana, okazuje się jednak, że de facto akceptowana jest wybiórczo. Przynajmniej niektórzy chrześcijanie rozumieją śmierć Chrystusa w (...) kategoriach spłacenia długu win grzeszników, ale jednocześnie nie dopuszczają możliwości, by przyjaciel mordercy poniósł za niego karę więzienia. Większość z nas uznaje możliwość kary zastępczej w odniesieniu do kar pieniężnych, ale nie w odniesieniu do dowolnej innej kary. W obu wypadkach w przekonaniach na temat dopuszczalności kary zastępczej wyraźnie brakuje spójności. Skoro jednak wybiórcze dopuszczenie kary zastępczej jest tak powszechne, być może nie jest pozbawione sensu. (shrink)

Jonathan Edwards′ New England theology has a great deal more to say that is of contemporary doctrinal interest than it is often credited with, particularly as it relates to the doctrine of atonement. This article explores several anomalous claims made be this 18th and 19th century tradition, and in this way, challenges the recent and growing consensus that Edwards espoused the penal substitution model and his successors a moral government model. I argue that of all that is yet (...) to be considered about their doctrine of atonement, we ought to begin with those claims made about the nature and demands of divine justice. (shrink)

"From time to time some of my friends startle me by referring to the Atonement itself as a revolting heresy," wrote Austin Farrer, "invented by the twelfth century and exploded by the twentieth. Yet the word is in the Bible." (1) Farrer is referring to Romans 5:11 in the Authorized Version: "we also joy in God through our Lord Jesus Christ, by whom we have now received the atonement." Here the word 'atonement'--literally, the state of being "at one"--translates the Greek (...) katallagê, which means "reconciliation." The doctrine of the Atonement, then, is in its essentials the claim that the suffering, death, and resurrection of Jesus Christ effects a reconciliation between God and human beings, who had been--and apart from Christ's gracious action would have remained--estranged on account of human sin. And that doctrine, far from being a twelfth-century innovation, is a prominent theme of the Pauline epistles and a matter of theological consensus from the earliest days of Christian thought. (shrink)

The atonement is one of the central and defining doctrines of Christian theology. Yet the nature of the atonement – how it is that Christ's life and death on the cross actually atone for human sin – remains a theological conundrum. This article offers a new argument for an old theory of the atonement, namely, penal substitution. First, it sets out the theological context for the argument. This involves giving some account of alternative theories of the atonement in (...) the tradition, and why penal substitution might be thought a particularly appealing way of thinking about the atonement. The article then presents an argument for a version of penal substitution that involves the application of an idea found in some Augustinian accounts of the transmission of sin from Adam to his progeny. At the end of this exposition, it offers some brief comments on the metaphysics undergirding the theology of this argument. The final section discusses several theological and philosophical objections to this reasoning. (shrink)

How did Christ's death overcome the estrangement and condemnation of sinners before a holy God, so as to reconcile them to Him? A great variety of theories of the atonement have been offered over the centuries to make sense of the fact that Christ by his death has provided the means of reconciliation with God: ransom theories, satisfaction theories, moral influence theories, penal substitution theories, and so on. Competing theories need to be assessed by their accord with biblical (...) data and their philosophical coherence. (shrink)

Contemporary philosophy of religion and analytic theology has recently experienced a revival regarding the nature of the Christian Atonement. The Kaleidoscope theory of the atonement says that the major theories such as Christus Victor, Satisfaction, Penal Substitution, and Moral Exemplar each capture an important aspect of the significance of the atonement. When taken together, they offer a fuller picture of the atonement than they do as individual theories. My goal is to add to the Kaleidoscope theory by drawing (...) on insights from the African philosophical tradition. I argue that there are ideas to be found in the African communitarian ethic of ubuntu that can be mined to help deepen our understanding of the atonement. I thus seek to widen the kaleidoscope theory of the atonement to include important African perspectives. (shrink)

According to Eleonore Stump, Thomas Aquinas rejects a “popular” (roughly, penal substitutionary) account of the atonement. For Stump’s Aquinas, God does not require satisfaction or punishment for human sin, and the function of satisfaction is remedial, not juridical or penal. Naturally, then, Aquinas does not, on this reading, see Christ’s passion as having saving effect in virtue of Christ substitutionally bearing the punishment for human sin that divine justice requires. I argue that Stump is incorrect. For Aquinas, divine (...) justice does require satisfaction; satisfaction involves punishment ( poena) and has a penal function; and one way Christ’s death has saving effect is in virtue of his satisfying that requirement on people’s behalf. Christ saves by “paying our debt,” bearing in the place of humans the penalty or punishment required by divine justice. My argument implies that Aquinas’s account of satisfaction in the atonement significantly resembles key aspects of Stump’s “popular account”—and of the Penal Substitution Theory it represents. (shrink)

In this paper I develop and defend a new theory of the Atonement - the Communal Substitution Theory. According to the Communal Substitution Theory, by dying on the cross Jesus either takes on the punishment for, or offers satisfaction for, the sins of the human community. Individual humans have sinned, but human communities have sinned as well. Jesus dies for the communal sins. As a result, human communities are forgiven and reconciled to God, and through the event of (...) communal forgiveness, individual human sins can be forgiven as well. Moving the focal point of atonement to communal sins has various advantages: well-known objections to satisfaction and penal theories are avoided, and many of the advantages of other theories of the atonement are organically integrated into the communal substitution theory. (shrink)

A number of articles and empirical studies over the past decade, most by Paul Robinson and co-authors, have suggested a relationship between the extent of the criminal law's reputation for being just in its distribution of criminal liability and punishment in the eyes of the community – its "moral credibility" – and its ability to gain that community's deference and compliance through a variety of mechanisms that enhance its crime-control effectiveness. This has led to proposals to have criminal liability and (...) punishment rules reflect lay intuitions of justice – "empirical desert" – as a means of enhancing the system's moral credibility. In a recent article, Christopher Slobogin and Lauren Brinkley-Rubinstein (SBR) report seven sets of studies that they argue undermine these claims of empirical desert and moral credibility and instead support SBR's proposed distributive principle of "individual prevention," a view that focuses on an offender's future dangerousness rather than on his perceived desert. -/- The idea that there is a relationship between the criminal law's reputation for justness and its crime-control effectiveness did not originate with Robinson and his co-authors. Rather, it has been a common theme among a wide range of punishment theory scholars for many decades. A particularly important conclusion of recent Robinson studies, however, is their confirmation that this relationship is a continuous one: even small nudges in moral credibility can produce corresponding changes in the community's deference to the criminal law. This is important because it shows that even piecemeal changes or changes at the margin – as in reforming even one unjust doctrine or procedure – can have real implications for crime-control. SBR's studies, rather than contradicting the crime-control power of empirical desert, in fact confirm it. Further, SBR's studies do not provide support for their proposed "individual prevention" distributive principle, contrary to what they claim. -/- While SBR try to associate their principle with the popular "limiting retributivism" adopted by the American Law Institute in its 2007 amendment of the Model Penal Code, in fact it is, in many respects, just the reverse of that principle. With limiting retributivism, the Model Code's new provision sets desert as dominant, never allowing punishment to conflict with it. SBR would have "punishment" essentially always set according to future dangerousness; it is to be constrained by desert only when the extent of the resulting injustices or failures of justice is so egregious as to significantly delegitimize the government and its law. This ignores the fact that even minor departures from justice may have an important cumulative effect on the system as a whole. What SBR propose – essentially substituting preventive detention for criminal justice – promotes the worst of the failed policies of the 1960s, where detention decisions were made at the back-end by "experts," and conflicts with the trend of the past several decades of encouraging more community involvement in criminal punishment, not less. (shrink)

This paper examines the evolution of ideas about narcotic addiction. In the eighteenth and early nineteenth centuries, addiction was not viewed as a medical condition, but as a ‘bad habit’. The contemporary reaction to De Quincey's Confessions demonstrates the general lack of medical involvement. The question of opium eating and longevity, first generated by the Mar case, brought increased medical interest and an embryo connection with the anti-opium crusade. In the second half of the century, addiction was more fully ‘medicalised’ (...) through the profession's involvement in the question of hypodermic morphine and the allied development of a disease theory of addiction. The ‘problem’ of hypodermic morphine owed much to medical perceptions; and the disease theory, too, was not scientifically autonomous. Medical thinking developed in close alliance with moral biases, temperance and anti-opium beliefs. Treatment structures and methods were elaborated in line with increased medical interest. In the early twentieth century there was a distinct move on the part of the government, and the Home Office in particular, to defeat the ‘disease’ view, and to substitute a penal policy. The 1926 Rolleston Report marked not simply a reassertion of the earlier moral-cum-medical emphasis, but a recognition of partnership between doctors and the state in which the limited nature of narcotic addiction at first ensured a liberal reaction. (shrink)

New Threats to Freedom In the twentieth century, free people faced a number of mortal threats,ranging from despotism, fascism, and communism to the looming menace of global terrorism. While the struggle against some of these overt dangers continues, some insidious new threats seem to have slipped past our intellectual defenses. These often unchallenged threats are quietly eroding our hard-won freedoms and, in some cases, are widely accepted as beneficial. In New Threats to Freedom, editor and author Adam Bellow has assembled (...) an all-star lineup of innovative thinkers to challenge these insidious new threats. Some leap into already raging debates on issues such as Sharia law in the West, the rise of transnationalism, and the regulatory state. Others turn their attention to less obvious threats, such as the dogma of fairness, the failed promises of the blogosphere, and the triumph of behavioral psychology. These threats are very real and very urgent, yet this collection avoids projecting an air of doom and gloom. Rather, it provides a blueprint for intellectual resistance so that modern defenders of liberty may better understand their enemies, more effectively fight to preserve the meaning of freedom, and more surely carry its light to a new generation. What are the new threats to freedom? when has authority not claimed, when imposing trammels and curbs on liberty, that it does so for a wider good and a greater happiness?” —Christopher Hitchens “The regulatory state amounts to a regressive tax that penalizes small independent producers and protects the status quo.” —Max Borders “Europe tends to favor stability over democracy, America democracy over stability.” —Daniel Hannan “The value of free expression is perceived to be at odds with goals that were considered ‘more important,’ like inclusiveness, diversity, nondiscrimination, and tolerance.” —Greg Lukianoff “The masses cannot ultimately be free: only the individual can be.” —Robert D. Kaplan “That old bugbear of postwar sociology—the mob-self—is now a reality. In a participatory/popularity culture, the freedom to think and act for ourselves becomes harder and harder to achieve.” —Lee Siegel “As traditional marriage declines, the ranks of single women are growing, and increasingly these women are substituting the security of a husband with the security of the state.” —Jessica Gavora “Ending the freedom to fail is a mean-spirited attack on the freedom to succeed.” —Michael Goodwin “The only solution to the new threats to American press freedom lies in organized resistance.” —Katherine Mangu-Ward “The new behaviorism isn’t interested in protecting people’s freedom to choose; on the contrary, its core principle is the idea that only by allowing an expert elite to limit choice can individuals learn to break their bad habits.” —Christine Rosen “There’s a world of Travis Bickles out there, and they’re not driving cabs. They’re reading blogs.” —Ron Rosenbaum “The first amendment ensures not that speech will be fair, but that it will be free. It cannot be both.” —David Mamet Join the conversation about these issues at www.newthreatstofreedom.com. (shrink)

The aim of this article is to provide a plausible conceptual model of a specific use of images described as substitution in recent art-historical literature. I bring to light the largely implicit shared commitments of the art historians’ discussion of substitution, each working as they do in a different idiom, and I draw consequences from these commitments for the concept of substitution by image—the major being the distinction between nonportraying substitution and substitution by portrayal. I (...) then develop an argument that substitution by image in the desired, nonportraying sense needs to be thought of in terms of a figurative representation of an image’s subject as a generic object, what I will call its figurative instantiation. (shrink)

Substitution and simple sentences -- Simple sentences and semantics -- Simple sentences and implicatures -- The enlightenment problem and a common assumption -- Abandoning (EOI) -- Beyond matching propositions -- App. A : extending the account -- App. B : belief reporting.

Goodman and Lederman (2020) argue that the traditional Fregean strategy for preserving the validity of Leibniz’s Law of substitution fails when confronted with apparent counterexamples involving proper names embedded under propositional attitude verbs. We argue, on the contrary, that the Fregean strategy succeeds and that Goodman and Lederman’s argument misfires.

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 39.2 (2001) 259-288 [Access article in PDF] Substitutes for Wisdom:Kant's Practical Thought and the Tradition of the Temperaments Mark Larrimore [Appendix]For much of Western history, the theory of the four temperaments played a vital part in medicine, anthropology, and moral reflection. The Hippocratic foursome of sanguine, choleric, melancholy, and phlegmatic survives on the margins of modernity, but its role in moral theory and (...) practice has been largely forgotten. Premodern understandings of human diversity based in climate, temperament, and politics collapsed with the Galenic medical tradition with which they harmonized. Yet temperament continued to be a feature of moral philosophies and philosophical anthropologies even into the twentieth century, and arguably has had a symbiotic relationship with the egalitarian aspirations of modern moral and political thought. This essay surveys the development and practical consequences of the theory of the temperaments developed by one of the greatest prophets of modern values, Immanuel Kant.Temperament was a feature in Kant's course in anthropology from the 1760s until the end of his life. Kant's teachings on temperament are by turns creative and conservative, and bespeak a deep understanding of the logic and rationale of humoral characterology in ethics. But as Kant moves from an ethics based in feeling to an ethics based on the possibility of autonomy, his theory of temperament also changes. In 1764's Observations on the Feeling of the Beautiful and the Sublime, Kant eloquently celebrates the melancholy as the temperament capable of "genuine virtue" (Obs2:217-18/60); by the time of Anthropology from a Pragmatic Point of View (1798), he is commending instead "phlegma as strength" (a variant of a temperament he had earlier dismissed), which can serve as a "substitute for wisdom" (Ant7:290/155). 1 Both of these [End Page 259] positions are distinctive, especially for an eighteenth-century thinker. As we will see, however, they are not without precedent in the tradition of temperament theory. Whether Kant knew he was developing countertraditions of temperament or not, his arguments in each case creatively exploit tensions in the humoral system which go back to its origins in ancient Greece.The mature Kant defended the classic foursome at a time when it had come under fire from many quarters. The early nineteenth century historian of temperament theories Harro Wilhelm Dircksen thought Kant played a decisive role in saving the classical theory from oblivion. 2 Why did Kant think it worth retrieving? One would expect him to reject a category which eighteenth-century German Popularphilosophie understood as a proto-psychological category bridging the gap between body and mind, nature and freedom. Yet, as I shall argue, the very things which might seem to render a theory of temperament incompatible with his mature ethics of autonomy make it important to [End Page 260] Kant. An understanding of human embodiment and diversity like that of the tradition of the temperaments forms part of the background to Kant's practical thought, and ethical formalism makes more rather than less sense if difference is taken seriously. For the same reason, it is important to have the right account of diversity. The complicated view of temperament in the Anthropology furnishes a microcosm of Kant's understanding of the fraught role of empirical considerations in recognizing and promoting freedom in rational agents embodied in human form(s).In this essay I will (1) provide a brief survey of the tradition of temperament theorizing before Kant, and expound Kant's (2) early and (3) mature views of temperament in the context of this tradition, as well as in the context of his emerging practical philosophy. 3 Some well-known parts of Kant's ethics make a new kind of sense when read in the light of the fact that their author thought humanity subdivided into temperaments. 1. The Tradition of the Temperaments 1.1. The history of moralizing about and through the temperaments is complex and—once one moves beyond the melancholy—largely uncharted. Here I will... (shrink)

The paper argues that philosophers commonly misidentify the substitutivity principle involved in Russell’s puzzle about substitutivity in “On Denoting”. This matters because when that principle is properly identified the puzzle becomes considerably sharper and more interesting than it is often taken to be. This article describes both the puzzle itself and Russell's solution to it, which involves resources beyond the theory of descriptions. It then explores the epistemological and metaphysical consequences of that solution. One such consequence, it argues, is that (...) Russell must abandon his commitment to propositions. (shrink)

“What characterizes the act of justice is not resort to a court and to judges; it is not the intervention of magistrates. What characterizes the juridical act, the process or the procedure in the broad sense, is the regulated development of a dispute. And the intervention of judges, their opinion or decision, is only ever an episode in this development. What defines the juridical order is the way in which one confronts one another, the way in which one struggles. The (...) rule and the struggle, the rule in the struggle, this is the juridical.” - Michel Foucault Penal Theories and Institutions is the title Michel Foucault gave to the lectures he delivered at the Collège de France from November 1971 to March 1972. In these lectures Michel Foucault presents for the first time his approach to the question of power that will be the focus of his research up to the writing of Discipline and Punish and beyond. His analysis starts with a detailed account of Richelieu’s repression of the Nu-pieds revolt and then goes on to show how the apparatus of power developed by the monarchy on this occasion breaks with the system of juridical and judicial institutions of the Middle Ages and opens out onto a “judicial State apparatus”, a “repressive system”, whose function is focused on the confinement of those who challenge its order. Michel Foucault systemizes the approach of a history of truth on the basis of the study of “juridico-political matrices” that he had begun in the previous year’s lectures and which is at the heart of the notion of “knowledge-power”. In these lectures Foucault develops his theory of justice and penal law. The appearance of this volume marks the end of the publication of the series Foucault’s courses at the Collège de France. (shrink)

Many philosophers use findings about sensory substitution devices in the grand debate about how we should individuate the senses. The big question is this: Is “vision” assisted by (tactile) sensory substitution really vision? Or is it tactile perception? Or some sui generis novel form of perception? My claim is that sensory substitution assisted “vision” is neither vision nor tactile perception, because it is not perception at all. It is mental imagery: visual mental imagery triggered by tactile sensory (...) stimulation. But it is a special form of mental imagery that is triggered by corresponding sensory stimulation in a different sense modality, which I call “multimodal mental imagery.”. (shrink)

Sensory substitution devices are a type of sensory prosthesis that (typically) convert visual stimuli transduced by a camera into tactile or auditory stimulation. They are designed to be used by people with impaired vision so that they can recover some of the functions normally subserved by vision. In this chapter we will consider what philosophers might learn about the nature of the senses from the neuroscience of sensory substitution. We will show how sensory substitution devices work by (...) exploiting the cross-modal plasticity of sensory cortex: the ability of sensory cortex to pick up some types of information about the external environment irrespective of the nature of the sensory inputs it is processing. We explore the implications of cross-modal plasticity for theories of the senses that attempt to make distinctions between the senses on the basis of neurobiology. (shrink)

An increasing amount of twenty-first century metaphysics is couched in explicitly hyperintensional terms. A prerequisite of hyperintensional metaphysics is that reality itself be hyperintensional: at the metaphysical level, propositions, properties, operators, and other elements of the type hierarchy, must be more fine-grained than functions from possible worlds to extensions. In this paper I develop, in the setting of type theory, a general framework for reasoning about the granularity of propositions and properties. The theory takes as primitive the notion of a (...) substitution on a proposition (property, etc.) and, among other things, uses this idea to elucidate a number of theoretically important distinctions. A class of structures are identified which can be used to model a wide range of positions about the granularity of reality; certain of these structures are seen to receive a natural treatment in the category of M-sets. (shrink)

Sensory substitution devices make use of one substituting modality to get access to environmental information normally accessed through another modality . Based on behavioural and neuroimaging data, some authors have claimed that using a vision-substituting device results in visual perception. Reviewing these data, we contend that this claim is untenable. We argue that the kind of information processed by a SSD is metamodal, so that it can be accessed through any sensory modality and that the phenomenology associated with the (...) use of a SSD is best described in terms of spatial phenomenology, only. (shrink)

It is hoped that modern sensory substitution and augmentation devices will be able to replace or expand our senses. But to what extent has this been achieved to date? To what extent are the experiences created by sensory substitution devices like the sensory experiences that we are trying to replace? To what extent can we augment people’s senses providing them with new information and new experiences? The first aim of this introduction is to delve deeply into this question (...) to discover the usefulness of these devices, to outline the different sorts of experience that might be created, and what the evidence tells us about these experiences. While there are some reasons to be hopeful about the powers of sensory substitution devices, there are also reasons to wonder whether they will ever really have the practical applications that we hope they might have. The second aim is to look to see whether the study of modern sensory substitution and augmentation devices can shed light on the nature of our senses and perception in general. Much of the philosophical, psychological, and neuroscientific work that takes place concerning sensory substitution and augmentation is keenly aware of the possibility that it might help our understanding and it seeks to comprehend many different aspects of perception. (shrink)

In the UK, current policies and services for people with mental disorders, including those with intellectual disabilities (ID), presume that these men and women can, do, and should, make decisions for themselves. The new Mental Capacity Act (England and Wales) 2005 (MCA) sets this presumption into statute, and codifies how decisions relating to health and welfare should be made for those adults judged unable to make one or more such decisions autonomously. The MCA uses a procedural checklist to guide this (...) process of substitute decision-making. The personal experiences of providing direct support to seven men and women with ID living in residential care, however, showed that substitute decision-making took two forms, depending on the type of decision to be made. The first process, ‘strategic substitute decision-making’, paralleled the MCA’s legal and ethical framework, whilst the second process, ‘relational substitute decision-making’, was markedly different from these statutory procedures. In this setting, ‘relational substitute decision-making’ underpinned everyday personal and social interventions connected with residents’ daily living, and was situated within a framework of interpersonal and interdependent care relationships. The implications of these findings for residential services and the implementation of the MCA are discussed. (shrink)

A substitutional account of logical validity for formal first‐order languages is developed and defended against competing accounts such as the model‐theoretic definition of validity. Roughly, a substitution instance of a sentence is defined as the result of uniformly substituting nonlogical expressions in the sentence with expressions of the same grammatical category and possibly relativizing quantifiers. In particular, predicate symbols can be replaced with formulae possibly containing additional free variables. A sentence is defined to be logically true iff all its (...) substitution instances are satisfied by all variable assignments. Logical consequence is defined analogously. Satisfaction is taken to be a primitive notion and axiomatized.For every set‐theoretic model in the sense of model theory there exists a corresponding substitutional interpretation in a sense to be specified. Conversely, however, there are substitutional interpretations – in particular the ‘intended’ interpretation – that lack a model‐theoretic counterpart. The substitutional definition of logical validity overcomes the weaknesses of more restrictive accounts of substitutional validity; unlike model‐theoretic logical consequence, the substitutional notion is trivially and provably truth preserving. In Kreisel's squeezing argument the formal notion of substitutional validity naturally slots into the place of intuitive validity. (shrink)

In the substitutional framework, validity is truth under all substitutions of the nonlogical vocabulary. I develop a theory where □ is interpreted as substitutional validity. I show how to prove soundness and completeness for common modal calculi using this definition.

La aplicación del Código de Faltas ha dado lugar a una serie de consecuencias moral y penalmente reprochables. Las privaciones abusivas de la libertad son paradigmáticas porque nos remiten al problema de las múltiples manos. Para formular una versión tipo de un enunciado de responsabilidad retrospectivo condenatorio evaluaré los argumentos que han sido utilizados desde la teoría moral y la teoría penal como respuesta a aquel problema.

When a user integrates a sensory substitution device into her life, the process involves perceptual learning, that is, ‘relatively long-lasting changes to an organism’s perceptual system that improve its ability to respond to its environment’ (Goldstone 1998: 585). In this paper, I explore ways in which the extensive literature on perceptual learning can be applied to help improve sensory substitution devices. I then use these findings to answer a philosophical question. Much of the philosophical debate surrounding sensory (...) class='Hi'>substitution devices concerns what happens after perceptual learning occurs. In particular, should the resultant perceptual experience be classified in the substituted modality (as vision), in the substituting modality (as auditory or tactile), or in a new sense modality? I propose a novel empirical test to help resolve this philosophical debate. (shrink)

L’article aborde la problématique des actes normatifs de droit pénal adoptés en Pologne dans les années 1944–1956. L’auteur essaie de répondre à la question : comment le régime politique et l’idéologie stalinienne ont-ils influencé la manière de rédiger les textes juridiques de cette branche du droit lors des plus grandes répressions par le pouvoir d’après-guerre en Pologne? À partir de 1944, le droit pénal a été adapté aux besoins des autorités communistes, contrôlées par l’Union soviétique. Dans la période analysée, on (...) a introduit en Pologne plus de cent actes normatifs englobant des dispositions pénales. L’idéologisation du droit pénal est visible dans toutes les parties des actes normatifs : titres, préambules et dispositions juridiques. On retrouve dans leur contenu les valeurs politiques, économiques et sociales fondamentales pour l’idéologie du stalinisme, dont les thèses ont été mises en œuvre en Pologne après la fin de l’occupation allemande. (shrink)

El actual Derecho Penal de la seguridad que se expresa en el populismo punitivo tiene un sesgo orientado a la persecución penal de los delitos callejeros, violentos, mientras que los delitos del poder y los negocios discurre con mayor tolerancia de la sociedad y de los operadores jurídicos, porque se realizan en contextos normalizados. Para sustentar esta tesis, se analiza qué entiende mayoritariamente la sociedad por delincuencia grave, la visibilidad de los delitos y las estadísticas criminales, principalmente. Este (...) análisis nos lleva a la consideración de que la percepción del daño social, el miedo a ser víctimas de delitos, la tolerancia social hacia determinados comportamientos, los medios de comunicación que construyen estereotipos, la visibilidad que se muestra en las estadísticas, todo ello conjugado, da lugar a una construcción social del contenido material de delincuencia grave de manera selectiva, orientado hacia los delitos contra las personas, dejando fuera de foco los delitos socioeconómicos. (shrink)