Much has been written about recidivist punishments, particularly within the area of criminology. However there is a notorious lack of penal philosophical reflection on this issue. This book attempts to fill that gap by presenting the philosopher’s view on this matter as a way of furthering the debate on recidivist punishments.

"A fascinating and timely treatment of the objectivism versus relativism debates occurring in philosophy of science, literary theory, the social sciences, ...

All of these essays focus on the concept of modernity in the philosophical work of Jurgen Habermas - an ambitious and carefully argued intellectual project that invites, indeed demands, rigorous scrutiny. Following an introductory overview of Habermas's work by Richard Bernstein, Albrecht Wellmer's essay places the philosopher within the tradition of Hegel, Marx, Weber, and Critical Theory. Martin Jay discusses Habermas's views on art and aesthetics, and Joel Whitebook examines his interpretations of Freud and psychoanalysis, Anthony Giddens offers a (...) critical reading of Habermas's major work, "The Theory of Communicative Action. Richard Rorty criticizes the whole thrust of his program by way of a comparison with the work of the French philosopher of postmodernity, Jean-Francois Lyotard. And Thomas McCarthy concentrates on the question of the selectivity of rationalization processes in the modern age. Habermas himself has three contributions - on Marcuse, on neoconservativism, and a reply to the other essayists. Richard J. Bernstein is T. Wistar Brown Professor of Philosophy at Haverford College. He was editor of the journal "Praxis International, in which these essays recently appeared. "Habermas and Modernity "is included in the series Studies in contemporary German Social Thought, edited by Thomas McCarthy. (shrink)

In her recent, provocative essay “What Is the Point of Equality?”, Elizabeth Anderson argues against a common ideal of egalitarian justice that she calls “ luck egalitarianism” and in favor of an approach she calls “democratic equality.”1 According to the luck egalitarian, the aim of justice as equality is to eliminate so far as is possible the impact on people’s lives of bad luck that falls on them through no fault or choice of their own. In the ideal luck egalitarian (...) society, there are no inequalities in people’s life prospects except those that arise through processes of voluntary choice or faulty conduct, for which the agents involved can reasonably be held responsible. Anderson asserts that the adherents of luck egalitarianism, which can be elaborated in many different ways, include John Roemer, Erik Rakowski, Thomas Nagel, Ronald Dworkin, Gerald Cohen, Richard Arneson, and Philippe Van Parijs.2 In contrast, according to the democratic equality conception, justice as equality requires an end to oppressive social relationships. In the ideal society of democratic equality, the social conditions of everyone’s freedom are secured, each stands to every other in a relationship of fundamental equality, including equal respect, and all have real freedom to participate in democratic self-government. (shrink)

Drawing freely and expertly from Continental and analytic traditions, Richard Bernstein examines a number of debates and controversies exemplified in the works of Gadamer, Habermas, Rorty, and Arendt. He argues that a "new conversation" is emerging about human rationality—a new understanding that emphasizes its practical character and has important ramifications both for thought and action.

What is the good for human persons? If I am trying to lead the best possible life I could lead, not the morally best life, but the life that is best for me, what exactly am I seeking?This phrasing of the question I will be pursuing may sound tendentious, so some explanation is needed. What is good for one person, we ordinarily suppose, can conflict with what is good for other persons and with what is required by morality. A prudent (...) person seeks her own good efficiently; she selects the best available means to her good. If we call the value that a person seeks when she is being prudent “prudential value,” then an alternative rendering of the question to be addressed in this essay is “What is prudential value?” We can also say that an individual flourishes or has a life high in well-being when her life is high in prudential value. Of course, these common-sense appearances that the good for an individual, the good for other persons, and the requirements of morality often are in conflict might be deceiving. For all that I have said here, the correct theory of individual good might yield the result that sacrificing oneself for the sake of other people or for the sake of a morally worthy cause can never occur, because helping others and being moral always maximize one's own good. But this would be the surprising result of a theory, not something we should presuppose at the start of inquiry. When a friend has a baby and I express a conventional wish that the child have a good life, I mean a life that is good for the child, not a life that merely helps others or merely respects the constraints of morality. After all, a life that is altruistic and perfectly moral, we suppose, could be a life that is pure hell for the person who lives it—a succession of horrible headaches marked by no achievements or attainments of anything worthwhile and ending in agonizing death at a young age. So the question remains, what constitutes a life that is good for the person who is living it? (shrink)

All humans have an equal basic moral status. They possess the same fundamental rights, and the comparable interests of each person should count the same in calculations that determine social policy. Neither supposed racial differences, nor skin color, sex, sexual orientation, ethnicity, intelligence, nor any other differences among humans negate their fundamental equal worth and dignity. These platitudes are virtually universally affirmed. A white supremacist racist or an admirer of Adolf Hitler who denies them is rightly regarded as beyond the (...) pale of civilized dialogue. However, a very simple line of argument developed by Peter Singer challenges our understanding of these platitudes and forces us to rethink the basis and nature of the moral equality of all humans. What I call the “Singer Problem” arises if one accepts that the morally significant cognitive capacities that are relevant to the determination of the fundamental moral status of a being vary from individual to individual by degree. The problem is to specify a moral principle determining fundamental moral status that assigns a superior status to humans compared to other animals on the basis of the superior cognitive capacities of humans but also assigns all human persons an equal fundamental moral status regardless of their differing cognitive capacities. More broadly posed, the problem is to specify moral principles that yield intuitively satisfactory implications for the treatment of human individuals and other individual animals given that cognitive capacities differ across species and individuals. A search for a resolution of the Singer problem leads to disappointing results. (shrink)

Richard J. Bernstein is Vera List Professor of Philosophy at the New School for Social Research. The Essays: Philosophy, History, and Critique.

Many bodily sensations are connected quite closely with specific actions: itches with scratching, for example, and hunger with eating. Indeed, these connections have the feel of conceptual connections. With the exception of D. M. Armstrong, philosophers have largely neglected this aspect of bodily sensations. In this paper, I propose a theory of bodily sensations that explains these connections. The theory ascribes intentional content to bodily sensations but not, strictly speaking, representational content. Rather, the content of these sensations is an imperative: (...) in the case of itches, 'Scratch!' The view avoids non-intentional qualia and hence accords with what could be called, generalizing Lycan slightly, the 'hegemony of intentionality'. (shrink)

The thematic survey of traditional literature uncovered a pressing need to study the M-L figure as a phenomenon in its own right. A design was constructed intending to evoke the figure's full phenomenal appearance. Instead of framing a highly determinate structure wherein a specific question is posed, E presented the figure to naive Ss, simply asking them to describe it. The purpose was to ascertain what naive Ss would perceive if not encumbered by a prior set. In addition, five experiential (...) questions about the descriptive task were included, aiming to elucidate and render intelligible the factual perceptions. The results showed that the M-L figure appears physiognomically. Typical responses exhibiting stylistic variation pointed to the dialectic between perceiver and perceived thing. A second finding was that the perception of equal horizontal lines as unequal emerged as a predominant, but only one of several possible ways of resolving the M-L figure's many perceptual possibilities. In fact, the data revealed a trend that elucidates the conditions which make possible the "M-L effect." Finally, "direction-orientation," a phenomenal variable elucidated by Merleau-Ponty's notions about the body and perception, emerged as the most characteristic way of perceiving the experimental figure. (shrink)

Joel Feinberg was a brilliant philosopher whose work in social and moral philosophy is a legacy of excellent, even stunning achievement. Perhaps his most memorable achievement is his four-volume treatise on The Moral Limits of the Criminal Law, and perhaps the most striking jewel in this crowning achievement is his passionate and deeply insightful treatment of paternalism.1 Feinberg opposes Legal Paternalism, the doctrine that “it is always a good reason in support of a [criminal law] prohibition that it is necessary (...) to prevent harm (physical, psychological, or economic) to the actor himself.” Against this doctrine Feinberg asserts that when an agent’s sufficiently voluntary choice causes harm to herself or risk of harm to herself, this category of harm-to-self is never a good reason in support of criminal law prohibition of that type of conduct. (shrink)

In recent years some moral philosophers and political theorists, who have come to be called “luck egalitarians,” have urged that the essence of social justice is the moral imperative to improve the condition of people who suffer from simple bad luck. Prominent theorists who have attracted the luck egalitarian label include Ronald Dworkin, G. A. Cohen, and John Roemer.1 Larry Temkin should also be included in this group, as should Thomas Nagel at the time that he wrote Equality and Partiality.2 (...) However, each of these theorists asserts a different position. The common ground, if any, is obscure. The idea of luck that is invoked is not transparently clear. Anyway, the term “luck egalitarianism” was coined by a critic of the doctrine, and tendentiously defined to denote an extreme version of the view that looks implausible from the start.3 With some justice Ronald Dworkin, perhaps the chief architect of the luck egalitarian position, has denied that he is a luck egalitarian. (shrink)

Philosophers perennially debate the nature of the good for humans. Is it subjective or objective? That is to say, do the things that are intrinsically good for an agent, good for their own sakes and apart from further consequences, acquire this status only in virtue of how she happens to regard them? Or are there things that are good in themselves for an individual independently of her desires and attitudes toward them? The issue sounds recondite, but has been thought to (...) be pregnant with implications for politics as it ought to be. Plato vigorously insists that knowledge of the good is precious and the person who has it is uniquely fit to rule: "In the world of knowledge, the last thing to be perceived and only with great difficulty is the essential Form of Goodness. Once it is perceived, the conclusion must follow that, for all things, this is the cause of whatever is right and good; in the visible world it gives birth to the light and to the lord of light, while it is itself sovereign in the intelligible world and the parent of wisdom and truth. Without having had a vision of this Form no one can act with wisdom, either in his own life or in matters of state.". (shrink)

Kasper Lippert-Rasmussen’s interesting criticisms of the ideal of equality of opportunity for welfare provide a welcome occasion for rethinking the requirements of egalitarian distributive justice.1 In the essay he criticizes I had proposed that insofar as we think distributive justice requires equality of any sort, we should conceive of distributive equality as equal opportunity provision. Roughly put, my suggestion was that equality of opportunity for welfare obtains among a group of people when all would have the same expected welfare over (...) the course of their lives if each behaved as prudently as it would be reasonable to expect her to behave. My specific proposal was more demanding, holding that when an age cohort reaches the onset of responsible adulthood, they enjoy equal opportunity for welfare when for each of them, the best sequence of choices that it would be reasonable to expect the person to follow would yield the same expected welfare for all, the second-best sequence of choices would also yield the same expected welfare for all, and so on through the array of lifetime choice sequences each faces. (In the jargon of my 1989 essay, equal opportunity for welfare obtains when everyone faces effectively equivalent sets of life options.). (shrink)

The development of a defensible and fecund notion of emergence has been dogged by a number of threshold issues neatly highlighted in a recent paper by Jaegwon Kim. We argue that physicalist assumptions confuse and vitiate the whole project. In particular, his contention that emergence entails supervenience is contradicted by his own argument that the ‘microstructure’ of an object belongs to the whole object, not to its constituents. And his argument against the possibility of downward causation is question-begging and makes (...) false assumptions about causal sufficiency. We argue, on the contrary, for a rejection of the deeply entrenched assumption, shared by physicalists and Cartesians alike, that what basically exists are things (entities, substances). Our best physics tells us that there are no basic particulars, only fields in process. We need an ontology which gives priority to organization, which is inherently relational. Reflection upon the fact that all biological creatures are far-from-equilibrium systems, whose very persistence depend upon their interactions with their environment, reveals incoherence in the notion of an ‘emergence base’. (shrink)

Individual differences in emotional reactivity or affective style can be decomposed into more elementary constituents. Several separable of affective style are identified such as the threshold for reactivity, peak amplitude of response, the rise time to peak and the recovery time. latter two characteristics constitute components of affective chronometry The circuitry that underlies two fundamental forms of motivation and and withdrawal-related processes-is described. Data on differences in functional activity in certain components of these are next reviewed, with an emphasis on (...) the nomological network of surrounding individual differences in asymmetric prefrontal The relevance of such differences for understanding the nature affective dysfunction in affective disorders is then considered. The ends by considering what the prefrontal cortex “does” in certain of affective style and highlights some of the important questions for future research. (shrink)

This essay surveys varieties of the luck egalitarian project in an exploratory spirit, seeking to identify lines of thought that are worth developing further and that might ultimately prove morally acceptable. I do not attend directly to the critics and assess their concerns; I have done that in other essays. 7 I do seek to identify some large fault lines, divisions in ways of approaching the task of constructing a theory of justice or of conceiving its substance. These are controversial (...) in the sense that in the present state of discussion it is unclear how best to view them or to which side it is better to scramble. But in the end of course I’m not a moral geographer and map-maker, just an involved spectator/tourist offering yet another view of the cathedral. (shrink)

This essay examines several possible rationales for the egalitarian judgment that justice requires better-off individuals to help those who are worse off even in the absence of social interaction. These rationales include equality (everyone should enjoy the same level of benefits), moral meritocracy (each should get benefits according to her responsibility or deservingness), the threshold of sufficiency (each should be assured a minimally decent quality of life), prioritarianism (a function of benefits to individuals should be maximized that gives priority to (...) the worse off), and mixed views. A case is made for adopting either prioritarianism or a mixed view that gives priority both to the worse off and to the more responsible and deserving. (shrink)

This paper attempts a defense of John Stuart Mill’s absolute ban against paternalistic restrictions on liberty. Mill’s principle looks more credible once we recognize that some instances of what are thought to be justified instances of paternalism are not instances of paternalism at all—e.g. anti-duelling laws. An interpretation of Mill’s argument is advanced which stresses his commitment to autonomy and his suggestion that exactly the same reasons which favor absolute freedom of speech also favor an absolute prohibition of paternalism. Alternative (...) expositions and appraisals of Mill by Gerald Dworkin and Joel Feiriberg are criticized. Finally, consideration is given to two arguments that render Mill’s principle trivial via the denial that there are any significant self-regarding actions. (shrink)

The standard adaptationist explanation of the presence of a sensory mechanism in an organism--that it detects properties useful to the organism--cannot be given for color vision. This is because colors do not exist. After arguing for this latter claim, I consider, but reject, nonadaptationist explanations. I conclude by proposing an explanation of how color vision could have adaptive value even though it does not detect properties in the environment.

Some theorists hold that there is no serious, significant issue concerning cosmopolitanism. They hold that cosmopolitanism is either the anodyne doctrine that we have some duties to distant strangers merely on the ground of shared humanity or the absurd doctrine that we have no special moral duties based on special-ties such as those of friendship, family, and national community. This essay argues against this deflationary position by defending (1) a very extreme cosmopolitan doctrine that denies special-tie moral duties altogether and (...) (2) a slightly milder but still extreme form of cosmopolitanism that allows that there might be special-tie moral duties to intimate associates such as friends and family members but denies that broader social group associations such as those of subjection to a national state or national or ethnic community memberships ever constitute special ties that ground special moral duties. The defense proceeds by rebutting bad arguments leveled against extreme cosmopolitanisms. (shrink)

The standard adaptationist explanation of the presence of a sensory mechanism in an organism—that it detects properties useful to the organism—cannot be given for color vision. This is because colors do not exist. After arguing for this latter claim, I consider, but reject, nonadaptationist explanations. I conclude by proposing an explanation of how color vision could have adaptive value even though it does not detect properties in the environment.

Emotion is normally regulated in the human brain by a complex circuit consisting of the orbital frontal cortex, amygdala, anterior cingulate cortex, and several other interconnected regions. There are both genetic and environmental contributions to the structure and function of this circuitry. We posit that impulsive aggression and violence arise as a consequence of faulty emotion regulation. Indeed, the prefrontal cortex receives a major serotonergic projection, which is dysfunctional in individuals who show impulsive violence. Individuals vulnerable to faulty regulation of (...) negative emotion are at risk for violence and aggression. Research on the neural circuitry of emotion regulation suggests new avenues of intervention for such at-risk populations. (shrink)

Introduction i This book is about how we study history, how we research and write about it, and how we read it. In the postmodern age, historians are being ...

This unique book clearly explains genetic and neuroimaging research on intelligence and how neuroscience findings may lead to enhancing it.

Prioritarianism holds that improvements in someone's life are morally more valuable, the worse off the person would otherwise be. The doctrine is impartial, holding that a gain in one person's life counts exactly the same as an identical gain in the life of anyone equally well off. If we have some duty of beneficence to make the world better, prioritarianism specifies the content of the duty. Unlike the utilitarian, the prioritarian holds that we should not only seek to increase human (...) well-being, but also distribute it fairly across persons, by tilting in favor of the worse off. A variant version adds that we should also give priority to the morally deserving – to saints over scoundrels. The view is a standard for right choice of individual actions and public policies, offering a distinctive alternative to utilitarianism, sufficiency and egalitarianism. (shrink)

At present, there is an enormous gulf between the visibility of evil and the paucity of our intellectual resources for coming to grips with it. We have been flooded with images of death camps, terrorist attacks and horrendous human suffering. Yet when we ask what we mean by radical evil and how we are to account for it, we seem to be at a loss for proper responses. Bernstein seeks to discover what we can learn about the meaning of evil (...) and human responsibility. He turns to philosophers such as Kant, who coined the expression 'radical evil', as well as to Hegel and Schelling. He also examines more recent explorations of evil, namely the thinking of Freud and Nietzsche on the moral psychology of evil. Finally, he looks at the way in which three post-Holocaust thinkers - Emmanuel Levinas, Hans Jonas, and Hannah Arendt - have sought to come to grips with evil "after Auschwitz." Bernstein's primary concern throughout this challenging book is to enrich and deepen our understanding of evil in the contemporary world, and to emphasize the vigilance and personal responsibility required for combating it. Radical Evil will be essential reading for students and scholars of philosophy, social and political theory, and religious studies. (shrink)

This volume is a comprehensive roadmap to the burgeoning area of affective sciences, which now spans several disciplines. The Handbook brings together, for the first time, the various strands of inquiry and latest research in the scientific study of the relationship between the mechanisms of the brain and the psychology of mind. In recent years, scientists have made considerable advances in understanding how brain processes shape emotions and are changed by human emotion. Drawing on a wide range of neuroimaging techniques, (...) neuropsychological assessment, and clinical research, scientists are beginning to understand the biological mechanisms for emotions. As a result, researchers are gaining insight into such compelling questions as: How do people experience life emotionally? Why do people respond so differently to the same experiences? What can the face tell us about internal states? How does emotion in significant social relationships influence health? Are there basic emotions common to all humans? This volume brings together the most eminent scholars in the field to present, in sixty original chapters, the latest research and theories in the field. The book is divided into ten sections: Neuroscience; Autonomic Psychophysiology; Genetics and Development; Expression; Components of Emotion; Personality; Emotion and Social Processes; Adaptation, Culture, and Evolution; Emotion and Psychopathology; and Emotion and Health. This major new volume will be an invaluable resource for researchers that will define affective sciences for the next decade. (shrink)