Why battles matter -- Accepting the wager of battle -- Laying just claim to the profits of war -- The monarchical monopolization of military violence -- Were there really rules? -- The death of pitched battle.

Why is American punishment so cruel? While in continental Europe great efforts are made to guarantee that prisoners are treated humanely, in America sentences have gotten longer and rehabilitation programs have fallen by the wayside. Western Europe attempts to prepare its criminals for life after prison, whereas many American prisons today leave their inhabitants reduced and debased. In the last quarter of a century, Europe has worked to ensure that the baser human inclination toward vengeance is not reflected by state (...) policy, yet America has shown a systemic drive toward ever increasing levels of harshness in its criminal policies. Why is America so short on mercy? In this deeply researched, comparative work, James Q. Whitman reaches back to the 17th and 18th centuries to trace how and why American and European practices came to diverge. Eschewing the usual historical imprisonment narratives, Whitman focuses instead on intriguing differences in the development of punishment in the age of Western democracy. European traditions of social hierarchy and state power, so consciously rejected by the American colonies, nevertheless supported a more merciful and dignified treatment of offenders. The hierarchical class system on the continent kept alive a tradition of less-degrading "high-status" punishments that eventually became applied across the board in Europe. The distinctly American, draconian regime, on the other hand, grows, Whitman argues, out of America's longstanding distrust of state power and its peculiar, broad-brush sense of egalitarianism. Low-status punishments were evenly meted out to all offenders, regardless of class or standing. America's unrelentingly harsh treatment of trangressors--this "equal opportunity degradation"-- is, in a very real sense, the dark side of the nation's much vaunted individualism. A sobering look at the growing rift between the United States and Europe, Harsh Justice exposes the deep cultural roots of America's degrading punishment practices. (shrink)

The just war tradition assumes that civil war is a possible site of justice. It has an uneasy relationship with liberalism, because the latter resists the idea that insurgency and counterinsurgency can be justified in moral terms. The paper suggests that, even if this is true, these two schools of thought are closer to each other than often appears to be the case. In particular, the paper argues that insurgency and counterinsurgency can be justified using the liberal assumptions that nonviolent (...) opposition is the proper non-institutional technique to fight oppressive regimes, and that law enforcement is the appropriate response to unjustified rebellions. Given these assumptions, insurgent warfare is limited to circumstances in which, firstly, nonviolent resistance is no longer a reasonable course of action; and secondly, insurgents have the intention to create the political conditions that are needed to make it a coherent option again.Counter insurgent warfare, in turn, is restrained to those situations in which, first, there is a rebellion or revolution even though the use of nonviolent strategies for conflict and change remains a reasonable choice; and second, police agencies lack the resources that arerequired for managing and suppressing rebel activities. Of course, these requirements should be taken as presumptions, and there may be cases when they do not hold. (shrink)

We prove some results on the polynomial hierarchies of infinite abelian groups. In particular, we show the polynomial hierarchy over an infinite group of exponent a prime number p collapse if and only if it is the case in the classical theory.

In recent years, Bayesian probability theory has emerged not only as a powerful tool for building computational theories of vision, but also as a general paradigm for studying human visual perception. This book provides an introduction to and critical analysis of the Bayesian paradigm. Leading researchers in computer vision and experimental vision science describe general theoretical frameworks for modeling vision, detailed applications to specific problems and implications for experimental studies of human perception. The book provides a dialogue between different perspectives (...) both within chapters, which draw on insights from experimental and computational work, and between chapters, through commentaries written by the contributors on each other's work. Students and researchers in cognitive and visual science will find much to interest them in this thought-provoking collection. (shrink)

David-Ménard examines the problem of the genesis of Kant's moral philosophy. The separation between Kantian practical reason and the inclinations of sense which it regulates is shown by the author to originate in Kant's attempt to regulate his own tendency to hypochondria. Her argument links the themes from two of Kant's pre-critical works which attest to this tendency—“An Essay on the Maladies of the Mind” and Observations on the Feeling of the Beautiful and the Sublime—to the final form of the (...) critical philosophy. (shrink)

David-Ménard examines the problem of the genesis of Kant's moral philosophy. The separation between Kantian practical reason and the inclinations of sense which it regulates is shown by the author to originate in Kant's attempt to regulate his own tendency to hypochondria. Her argument links the themes from two of Kant's pre-critical works which attest to this tendency—“An Essay on the Maladies of the Mind” and Observations on the Feeling of the Beautiful and the Sublime—to the final form of the (...) critical philosophy. (shrink)

This paper considers Freud's 1920 text, Beyond the Pleasure Principle, in light of Jacques Derrida's critical commentary on it in The Post Card. Against the deconstructive reading that highlights the performative aspects of Freud's speculative remarks, David-Ménard reads Freud's theory of the death drive as an epistemological and experimental hypothesis necessary for giving an account of the complexity and diversity of the clinical phenomenon of repetition in psychoanalysis. Though the death drive never appears locatable as such in the various examples (...) given by Freud, it is nonetheless accessible in the constellation of differences produced by traumatic dreams, children's games, etc. (shrink)

David-Ménard examines the problem of the genesis of Kant's moral philosophy. The separation between Kantian practical reason and the inclinations of sense which it regulates is shown by the author to originate in Kant's attempt to regulate his own tendency to hypochondria. Her argument links the themes from two of Kant's pre-critical works which attest to this tendency—“An Essay on the Maladies of the Mind” and Observations on the Feeling of the Beautiful and the Sublime—to the final form of the (...) critical philosophy. (shrink)

Under this title, I wish to clarify the philosophical perspective that has run through my work for the last fifteen years, in three volumes: L’hystérique entre Freud et Lacan, La folie dans la raison pure, and Les constructions de l’universel. In the first of these works, I reflected on the status of the body in psychoanalysis, on the distance that needed to be taken with regard to the two Western traditions of thought concerning the body, namely those of Aristotle and (...) Descartes, in order to understand Freud’s conceptions of the erogenous body and the drive. I also raised the question of the divergence between the physiological- and the drive-constructions of the body. In my second book, I tried to understand to what degree a philosophical system, in this case Kant’s transcendental theory of the object, may be the meeting point between a new logic—a new logic of negation in Kant’s case—and a fantasized encounter with a mad thinker. I also considered the way in which a philosophical text weaves several active heterogeneous directions like the warp and the weft within thought, and how they may be spotted in the text. Finally, in Les constructions de l’universel, I considered the relevance of the concept of the universal for understanding how conceptual thought detaches itself from its author, and compared art, philosophy, and dream analysis from this point of view. I also tried to evaluate the pertinence of Lacan’s project of producing a logic of sexuation, and the degree of autonomy such a project has with respect to the internal ambiguities of the logical and philosophical concept of the universal. In these three books, I have practiced a philosophy of contingency—contingency of the relation between discourses and contingency of the real with respect to the thought which knows it. It is this philosophy of contingency that I would like to explain. (shrink)

Neste artigo, trata-se, por um lado, de compreender até que ponto a existência humana e o pensamento, naquilo que eles têm de inventivo, são feitos de sínteses disjuntivas. E qual tipo de repetição entre os elementos, ligados de maneira nãocasual, mas não sistemática, supõe esta síntese tão importante no pensamento de Gilles Deleuze. Por outro lado, trata-se de saber se esse conceito de repetição converge com aquele que reclama a psicanálise.

Is it possible to interfere with individual decision-making while preserving freedom of choice? The purpose of this article is to assess whether ‘libertarian paternalism’, a set of political and ethical principles derived from the observations of behavioural sciences, can form the basis of a viable framework for the ethical analysis of public health interventions. First, the article situates libertarian libertarianism within the broader context of the law and economics movement. The main tenets of the approach are then presented and particular (...) attention is given to its operationalization through the notion of a ‘nudge’. Essentially, a ‘nudge’ consists in an intervention, which aims to suggest one choice over another by gently steering individual choices in welfare-enhancing directions yet without imposing any significant limit on available choices. Finally, the article concludes that, while it fails as an overreaching framework of ethical analysis, libertarian paternalism nonetheless constitutes a valuable addition to the conceptual toolbox of public health ethics. (shrink)

David-Ménard examines the problem of the genesis of Kant's moral philosophy. The separation between Kantian practical reason and the inclinations of sense which it regulates is shown by the author to originate in Kant's attempt to regulate his own tendency to hypochondria. Her argument links the themes from two of Kant's precritical works which attest to this tendency-"An Essay on the Maladies of the Mind" and Observations on the Feeling of the Beautiful and the Sublime-to the final form of the (...) critical philosophy. (shrink)

A powerful critique of nudge theory and the paternalist policies of behavioral economics, and an argument for a more inclusive form of rationality.

Behavioral paternalism raises deep concerns that do not arise in traditional welfare economics. These concerns stem from behavioral paternalism’s acceptance of the defining axioms of neoclassical rationality for normative purposes, despite having rejected them as positive descriptions of reality. We argue that behavioral paternalists have indeed accepted neoclassical rationality axioms as a welfare standard; that economists historically adopted these axioms not for their normative plausibility, but for their usefulness in formal and theoretical modeling; that broadly rational individuals might fail to (...) satisfy the axioms for various reasons, making them unpersuasive as normative criteria; and that even if their violation did constitute irrationality, that would not justify paternalists’ choosing among inconsistent preferences to define an individual’s “true” preferences. (shrink)

In April 2020, almost six out of 10 people around the world were in lockdown due to the COVID-19 pandemic. Being locked down usually has a deleterious effect on the confined individual's mental health. In this exceptionally challenging context, finding ways to minimize negative mood about the pandemic is essential. Pandemic-related negative states (“negative mood”) and recovery experiences were investigated in a sample of 264 individuals who completed daily surveys four times per day over 7 consecutive days. MSEMs analyses revealed (...) that negative mood persisted from moment-to-moment through the day, thus showing a response lag effect. Further analyses revealed that when someone experienced pandemic-related psychological detachment, relaxation, mastery, control, pleasure, or relatedness at specific periods of the day, mood had improved at the next measured time period, suggesting a protective effect. However, the pattern displayed by singles with dependents suggests that some recovery experiences at specific periods during the day seem to have a backfiring effect and worsen subsequent mood. These findings bring new insight into the role of recovery experiences during lockdowns and suggest that many could benefit from such experiences throughout the day when self-isolating. However, for individuals with multiple risk factors such as being single with dependents, some recovery experiences, at specific periods during the day, might not bring the desired outcome and future research is needed to examine if guilt or domestic burden may explain this finding. Results contribute to our understanding of how to take care of one's mental health during the current pandemic, and concrete recommendations adapted to individual contexts are provided. (shrink)