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

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

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

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

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

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

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

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

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

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

Ludwig Wittgenstein and Martin Heidegger are two of the most important--and two of the most difficult--philosophers of the twentieth century, indelibly influencing the course of continental and analytic philosophy, respectively. In _ Groundless Grounds_, Lee Braver argues that the views of both thinkers emerge from a fundamental attempt to create a philosophy that has dispensed with everything transcendent so that we may be satisfied with the human. Examining the central topics of their thought in detail, Braver finds that Wittgenstein and (...) Heidegger construct a philosophy based on _original_ _finitude_--finitude without the contrast of the infinite. In Braver's elegant analysis, these two difficult bodies of work offer mutual illumination rather than compounded obscurity. Moreover, bringing the most influential thinkers in continental and analytic philosophy into dialogue with each other may enable broader conversations between these two divergent branches of philosophy. Braver's meticulously researched and strongly argued account shows that both Wittgenstein and Heidegger strive to construct a new conception of reason, free of the illusions of the past and appropriate to the kind of beings that we are. Readers interested in either philosopher, or concerned more generally with the history of twentieth-century philosophy as well as questions of the nature of reason, will find _Groundless Grounds _of interest. (shrink)

With the increasing demand for ethical standards in the current business environment, ethical leadership has received particular attention. Drawing on self-verification theory and social exchange theory, this study investigated the effect of leaders’ core self-evaluation on the display of ethical leadership and the moderating role of employees’ exchange ideology in the relationship between ethical leadership and employees’ job performance. Consistent with the hypotheses, the results from a sample of 225 dyads of employees and their immediate leaders showed a positive relationship (...) between leaders’ core self-evaluation and ethical leadership. Moreover, the results showed that ethical leadership mediates the effects of leaders’ core self-evaluation on employees’ job performance. Furthermore, we found that employees’ exchange ideology moderates the relationship between ethical leadership and job performance. The theoretical and practical implications of these findings are discussed. (shrink)

This research note analyzes the relationship between indicators of corporate social and financial performance within a comprehensive theoretical framework. The results, based on data for 67 large U.S. corporations for 1982-1992, reveal no significant negative social-financial performance relationships and strong positive correlations in both contemporaneous and lead-lag formulations.

A famous mathematical theorem says that the sum of an infinite series of numbers can depend on the order in which those numbers occur. Suppose we interpret the numbers in such a series as representing instances of some physical quantity, such as the weights of a collection of items. The mathematics seems to lead to the result that the weight of a collection of items can depend on the order in which those items are weighed. But that is very hard (...) to believe. A puzzle then arises: How do we interpret the metaphysical significance of this mathematical theorem? I first argue that prior solutions to the puzzle lead to implausible consequences. Then I develop my own solution, where the basic idea is that the weight of a collection of items is equal to the limit of the weights of its finite subcollections contained within ever-expanding regions of space. I show how my solution is intuitively plausible and philosophically motivated, how it reveals an underexplored line of metaphysical inquiry about quantities and locations, and how it elucidates some classic puzzles concerning supertasks. (shrink)

Rae Langton and Caroline West famously argued that pornography operates like a language game, in that it introduces certain views about women into the common ground via presupposition accommodation. While this pragmatic model explains how pornography has the potential to change its viewers’ beliefs, it leaves open how pornography changes people’s desires. Our aim in this paper is to show how Langton and West’s discourse theoretic account of pornography can be refined to close this lacuna. Using tools from recent developments (...) in discourse theory, we propose that pornography issues implicit directives, and thereby introduces bouletic components into the discourse. (shrink)

In order to address sociological concerns with embodiment and learning, in this article we explore the ‘weathering’ body in a currently under-researched physical-cultural domain. Weather experiences, too, are under-explored in sociology, and here we examine in depth the lived experience of weather and, more specifically, ‘weather work’ and ‘weather learning’ in one of the most extreme and corporeally challenging environments on earth: high-altitude mountains. Drawing on a theoretical framework of phenomenological sociology, and an interview-based research project with 19 international, high-altitude (...) mountaineers, we investigate weather as lived and experienced both corporeally and cognitively. We are particularly interested in conceptualizing and theorizing the ways in which embodied beings relate to the environment through different aspects of their being. The novel concepts of ‘weather work’ and ‘weather learning’, we argue, provide salient examples of the mind-body-world nexus at work, as an embodied practice and mode of thinking, strongly contoured by the physical culture of high-altitude mountaineering. (shrink)

Journal of Social Philosophy, EarlyView.

Let a smooth experience be an experience with perfectly gradual changes in phenomenal character. Consider, as examples, your visual experience of a blue sky or your auditory experience of a rising pitch. Do the phenomenal characters of smooth experiences have continuous or discrete structures? If we appeal merely to introspection, then it may seem that we should think that smooth experiences are continuous. This paper (1) uses formal tools to clarify what it means to say that an experience is continuous (...) or discrete, and (2) develops a discrete model of the phenomenal characters of smooth experiences. As a result, I'll argue that introspection leaves open whether smooth experiences are continuous or discrete. Yet I’ll also argue—perhaps surprisingly—that the discrete theory may better fit our introspective evidence. (shrink)

In recent years, the science and the philosophy of consciousness has seen growing interest in structural questions about consciousness. This is the Editorial Introduction for a special volume for Philosophy and the Mind Sciences on “Structuralism in Consciousness Studies.”.

Time distortion in individuals with social anxiety has been defined as the seemingly slower passage of time in social situations and is related to both arousal and valence. Consequently, adaptive behavior is disrupted and interpersonal situations avoided. We explored the effects of valence and arousal on time distortion in individuals with social anxiety. Participants were assigned to two groups, High Anxiety (HA) and Low Anxiety (LA), presented with four types of facial expression stimuli (positive-high arousal, positive-low arousal, negative-high arousal, and (...) negative-low arousal), and asked to estimate the duration of stimulus presentation. Results indicated that, relative to other stimuli, the HA and LA groups perceived longer presentation for high-arousal negative and low-arousal positive stimuli, respectively. These findings suggest that anxious individuals’ time distortion was more severe in situations that evoked high arousal and involved negative emotion. (shrink)

The ‘happy fish’ dialogue is one of the best-known and heatedly debated passages of the Zhuangzi. Scholars have constructed different interpretations of the dialogue. Some argue that this dialogue expresses the idea of living at ease and enjoying life as it is; some refer to the idea of anti-anthropocentrism, while others reconstruct the dialogue as certain epistemological debates. This paper examines the connotations of ‘fish’, ‘water’, and ‘river’ in early Chinese political discourses and reads the political connotations in the dialogue (...) between Zhuangzi and Huizi. This can lead to an alternative interpretation, which is that, at its core, this passage is a dialogue between these two men on politics and their political careers. (shrink)

We find that agency problems are embedded in firm's excess and abnormal equity investments that are mainly dictated by controlling shareholder's motives and ethical choices manifested in ownership and board structure. The excess equity investment is gauged with respect to industry average. The abnormal equity investment is specifically referred to the number of nominal investment companies that are fully controlled by the controlling owners while subject to little governance. Our empirical evidences of 345 Taiwanese non-financial listed firms show that firm's (...) excess and abnormal equity investments are negatively correlated with controlling shareholder's cash flow rights while are positively correlated with the control-cash flow deviation, and board affiliation. The results are supportive of the positive incentive hypothesis and the negative entrenchment hypothesis put forth by La Porta et al. and Claessen et al.. The negative relation between equity investment and firm's value further supports the agency postulation that corporate excess and abnormal equity investments represent a leeway for controlling shareholder to exploit wealth of minority shareholders. This study potentially contributes to the literature of business ethics by portraying an empirically testable linkage from controlling owner's ethical choices to his actions and therefore firm's value. (shrink)

In the _Phaedrus_, Plato provides an intriguing dramatic detail immediately before Socrates's first speech. "I shall veil myself to speak," Socrates declares, "so that I may run through the speech as quickly as possible and may not be at a complete loss from a sense of shame as I look towards you." In this essay, I argue that Socrates's veiling illustrates how authors of dialogic literature about philosophical topics subtly use dramatic and literary details to suggest preferred philosophical takeaways.

Natalie Stoljar posits that purely procedural theories of autonomy are unable to explain the ‘feminist intuition’, which is the idea that the internalization of false and oppressive norms are incompatible with autonomy. She claims instead that an account based on ‘normative competence’ – which requires true beliefs and critical reflection – can explain why oppressive norms should be excluded as legitimate decision-making inputs. On my view, however, the normative competence approach is subject to a worrying problem. While Stoljar's view successfully (...) problematizes the internalization of oppression, her view misattributes non-autonomy also to those who perpetrate the oppression. I suggest that this is implausible, arguing instead that we can establish an asymmetry of autonomy between those who oppress others and those who are made target of oppression. (shrink)

이 논문은 데이빗 루이스의 시간적 부분 이론(temporal part theory)과 물질적 구성(material consitution)에 대한 반 인와겐의 입장에 대한 논의를 출발점으로 삼는다. 먼저 필자는 루이스의 시간적 부분이론을 반박한다. 루이스의 이론의 핵심적인 내용을 똑같이 반영(mirror)하면서도 그 이론과 상충하는 이론을 구성하고 이 두 이론 중 어느 한 쪽을 선택하는 것은 결국은 임의적인(arbitrary) 결정을 하는 것인데 이 사실은 이 두 이론 모두를 매력적이지 않게 만든다고 주장한다. 이 두 이론을 모두 거부한다면 우리는 사물을 (특별히 문제되는 사물이 ‘자아’라면 더더욱) 어디에 위치시켜야 하는지 새로운 가능성을 탐색해 보게 된다. (...) 다음으로 이 논문은 떨어지지 않은 임의적인 부분(arbitrary undetached part)에 대한 반 인와 겐의 논증을 살펴보고 그 논증을 준거점으로 삼아 물질적 구성(material consitution)에 대한 여러 논문들에 등장한 이론적 가능성을 일별한다. 필자는 이 여러 입장들 뒤에 근본적인 전제로 기능하고 있는 철학적 원자론(philosophical atomism)과 그 이론이 내포하는 환원주의적 접근이 자아가 존재하고 시간 속에 지속한다(endure through time)는 근본적인 믿음을 포함하는 ‘자아의 선차성’ 논제를 위협한다는 것을 지적하고 루이스의 이론에 대한 논의에서 얻은 결론과 결합하여, 상당히 이상해보이지만 고려해볼만한 이론적 가능성으로 자아가 시간 속에 지속하는 영차원의(zero-dimensional) 존재라는 가능성을 제기한다. (shrink)

Bio-heteronormative conceptions of the family have long reinforced a nuclear ideal of the family as a heterosexual marriage, with children who are the genetic progeny of that union. This ideal, however, has also long been resisted in light of recent social developments, exhibited through the increased incidence and acceptance of step-families, donor-conceived families, and so forth. Although to this end some might claim that the bio-heteronormative ideal is not necessary for a social unit to count as a family, a more (...) systematic conceptualization of the family—the kind of family that matters morally—is relatively underexplored in the philosophical literature. This paper makes a start at developing and defending an account of the family that is normatively attractive and in line with the growing prevalence of non-conventional families and methods of family-formation. Our account, which we call a constitutive-affirmative model of the family, takes the family to be constituted by an ongoing process of relevant affective and affirmative relations between the putative family members. (shrink)

The Organization of Economic Co-operation and Development’s (OECD) global governance of education has been gradually increasing. Its field of interest is currently expanding from educational evaluation through the Program for International Student Assessment (PISA) to curriculum reform through the Education 2030 project. Here, it is interesting to note that the nature of the terms the OECD has been creating reveals a ‘humanistic turn’. This shows up well in the frequent occurrence of terms such as ‘well-being’, ‘attitudes and values’, ‘inclusiveness’, ‘responsibility’, (...) and ‘sustainability’ in the ongoing Education 2030 project. Perhaps this new humanistic discourse increases the likelihood of the smooth adoption of the OECD’s proposed curriculum redesign in more countries. If the OECD’s new discourse captures and transforms contemporary people’s ways of thought and practice about education, then this is related to the problem of colonialism in our era. It is also worth noting that language plays a vital role in colonization. In particular, the need for translation between different languages serves as a useful means for colonization. Conversely, it is also seen as having a potential decolonizing power. In this context, I would like to examine the new language the OECD has adopted, specifically regarding student experience and the nature of knowing. Next, I shall attempt to criticize the underlying educational assumptions in the OECD’s pronouncements. Following this, I shall explore how the OECD’s new discourse has been translated in South Korea, taking this as an example of wider experience in the East Asian context and possibly elsewhere. Finally, I shall conclude by considering the direction of curriculum decolonization in terms of translation. (shrink)

ABSTRACTIn the Timaeus, Plato explicitly defines time as “the moving image of eternity”. This proposition affirms actually that time reflects the eternal that embodies the rational and lawful principle – namely the logos of proportionality – in the motion and change of visible objects in the universe. In other words,time determines the principle that every mutable being must follow to participate in the rational and nomological order of existence; the absolute logos which is given by God is hence intrinsic to (...) time. This idea of time is echoed by the theories of Augustine and Husserl. Both philosophers inherited some of Plato’s metaphysical views, and each of them developed a distinctive theory of the relations between Being, time, and the absolute logos. This paper attempts to compare their theories and to defend the following claim: Augustine fo-cuses on the immutable representation of time which is regarded as the image or reflection of God’s absolute logos, and explains temporal phenome... (shrink)

In the following essay, I argue for an alternative anthropocentrism that, eschewing failed appeals to traditional moral principle, takes (a) as its point of departure the cognitive, perceptual, emotive, somatic, and epistemic conditions of our existence as members of Homo sapiens, and (b) one feature of our experience of/under these conditions particularly seriously as an avenue toward articulating this alternative, the capacity for aesthetic appreciation. To this end, I will explore, but ultimately reject philosopher Allen Carlson's ecological aesthetics, and I (...) will adopt with modification aspects of the work of Ronnie Hawkins, Val Plumwood, and Donna Haraway. My central claim is that, equipped with a better understanding of our interdependent relationship to/within human and nonhuman nature, an understanding made especially available to those who occupy situations imbued by subjugation, we can come to understand our human-centeredness not as a justification of entitlement, but as an opportunity for critical self-reflection upon those actions which endanger the ecological conditions of human and nonhuman being. I suggest, then, that developing criteria for an aesthetic appreciation ground in such a centeredness can make a vital contribution to a more ecologically defensible moral and political activism. (shrink)

In the following essay, I argue for an alternative anthropocentrism that, eschewing failed appeals to traditional moral principle, takes (a) as its point of departure the cognitive, perceptual, emotive, somatic, and epistemic conditions of our existence as members of Homo sapiens, and (b) one feature of our experience of/under these conditions particularly seriously as an avenue toward articulating this alternative, the capacity for aesthetic appreciation. To this end, I will explore, but ultimately reject philosopher Allen Carlson's ecological aesthetics, and I (...) will adopt with modification aspects of the work of Ronnie Hawkins, Val Plumwood, and Donna Haraway. My central claim is that, equipped with a better understanding of our interdependent relationship to/within human and nonhuman nature, an understanding made especially available to those who occupy situations imbued by subjugation, we can come to understand our human-centeredness not as a justification of entitlement, but as an opportunity for critical self-reflection upon those actions which endanger the ecological conditions of human and nonhuman being. I suggest, then, that developing criteria for an aesthetic appreciation ground in such a centeredness can make a vital contribution to a more ecologically defensible moral and political activism. (shrink)

In a society marked by liberal gun ownership laws, and an increasingly militarized police force, how should we think about cases where a homeowner shoots a person who has mistakenly knocked on the wrong door, or where a police officer shoots someone who is unarmed? The general tendency – by shooters, courts, and many observers – is to use the framework of self-defense. However, as I will argue, relying on the framework of self-defense is inappropriate in these cases, because theories (...) of self-defensive killing are built up around a very specific type of case, namely, a random, sudden, one-off encounter between roughly equally matched strangers. When a person who acts in self-defense has undertaken certain preparations to kill in self-defense – such as buying a gun, or undergoing certain kinds of training – they transform what would have been defensive violence into offensive violence. But because the self-defense framework distinguishes only between defensive and aggressive violence, it cannot easily register the unique moral features of offensive violence. Relying on the self-defense framework, then, produces judgments that are overly permissive of killings by gun owners and police, masking them as self-defensive when in fact they are much more morally fraught. (shrink)