The quarantine model, recently proposed by Pereboom and Caruso, is one of the most influential models developed to date in the context of criminal justice. The quarantine model challenges the very idea of criminal punishment and asserts that nobody deserves punishment on a fundamental level. Instead, in order to deal with offenders, it proposes a series of incapacitation measures based on public safety concerns. In this article, we examine several objections to the quarantine model that demonstrate how, in our view, (...) it can be improved. These mainly pertain to (2.1) the difficulty of reliably identifying dangerous individuals and consequently the need to base confinement decisions on probability, and (2.2) the potential for the quarantine model not to properly deter certain crimes. Three additional objections are raised with respect to (3.1) the rights that are potentially suppressed in the quarantine model; (3.2) the role of “genetic justice”; and (3.3) the difficulty it faces accommodating reasons-responsiveness. Whereas these objections do not constitute knock-down arguments against the quarantine model, they highlight issues that invite closer scrutiny, at least if it is to be considered as a credible framework for the development of viable policies in criminal justice. (shrink)

Pereboom and Caruso propose the quarantine model as an alternative to existing models of criminal justice. They appeal to the established public health practice of quarantining people, which is believed to be effective and morally justified, to explain why -in criminal justice- it is also morally acceptable to detain wrongdoers, without assuming the existence of a retrospective moral responsibility. Wrongdoers in their model are treated as carriers of dangerous diseases and as such should be preventively detained (or rehabilitated) until they (...) no longer pose a threat to society. Our main concern in this paper is that Pereboom and Caruso adopt an idiosyncratic meaning of quarantine regulations. We highlight a set of important disanalogies between their quarantine model and the quarantine regulations currently adopted in public health policies. More specifically, we argue that the similarities that Pereboom and Caruso propose to substantiate their analogy are not consistent—despite what they claim—with the regulations underlying quarantine as an epidemiological process. We also notice that certain quarantine procedures adopted in public health systems are inadequate to deal with criminal behaviors. On these grounds, we conclude that Pereboom and Caruso should not appeal to the quarantine analogy to substantiate their view, unless they address the issues and criticism we raise in this paper. (shrink)

A paedophile is a person with a sexual attraction to children; some paedophiles commit child sex abuse offences. For such acts, they hold moral and legal responsibility, which presupposes that paedophiles are moral agents who can distinguish right from wrong and are capable of self-control. Like any other moral agents, paedophiles have moral duties. Some moral duties are universal, e.g., the duty not to steal. Whether there are any specific moral duties related to paedophilia is the topic of this paper. (...) I argue that the moral duty not to commit child sex abuse is universal, and the duty to reduce the individual risk of child sex abuse is specific to paedophiles. I further argue that any society has a moral duty to help paedophiles reduce the risk. Both duties provide grounds for moral judgement. Paedophiles should be judged not for their sexual interest but for their efforts to avoid child sex abuse. If a paedophile has an opportunity to reduce the risk of child sex abuse, he is obliged to do so. Unfortunately, societies rarely provide such opportunities and hence fail in their moral duty to paedophiles and children. (shrink)

Some scientists and philosophers, based on scientific discoveries and empirical evidence, argue that free will does not exist. Some authors defend the opposite opinion. The universality of their reasoning unites opponents. They seek to correlate scientific knowledge with the entire sum of human actions and, consequently justify the existence of freedom of will or its absence. In the paper, I propose to narrow the focus of the issue to the study of the degree of freedom of individual actions or certain (...) classes of actions. For this, I introduce the epistemic criterion, according to it, recognition of the action as not free requires knowledge of the causes of the action for which the agent is not responsible. I analyse two groups of cases: those where scientific knowledge reveals hidden causes of behavior and those where the causes remain unknown. Actions from the second group still constitute an essential part of our behavior. The amount of knowledge about the causes of actions will increase over time, but this knowledge will never be comprehensive. (shrink)

Veritism is the thesis that the truth is the fundamental epistemic good. According to Duncan Pritchard, the most pressing objections to veritism are the trivial truths objection and the trivial inquiry problem. The former states that veritism entails that trivial truths are as important as deep and important truths. The latter is a problem that a veritist must prefer trivial inquiry that generates many trivial truths to the serious inquiry with the hope but no guarantee to discover some deep and (...) important truth. Both objections arise from the inability of veritism prima facie to properly rate the different types of truths. Pritchard's solution is to approach the truth from the perspective of the intellectually virtuous inquirer who would prefer weighty truth over trivial truth. In my commentary, I criticise the proposed solution as circular reasoning. The necessary virtue for an intellectually virtuous inquirer is that they would prefer the weighty truth over the trivial one and at the same time, the weighty truth is superior because it is the goal for intellectually virtuous inquirer. I suggest another path to substantiate veritism in the face of the two sibling objections. I argue that truth is the fundamental epistemic good as it makes the epistemic realm practically valuable more than any other epistemic good. The weighty truths are preferable to the trivial ones because the practical value of the deep and important truths is usually higher. The suggested path goes away from the attempts to prove the epistemic value of truth only within the epistemic realm, yet I argue it does not compel the intellectually virtuous inquirer to seek the truth only for the sake of practical reasons. (shrink)

There are several well-established theories of criminal punishment and of its justification. The quarantine model (advocated by Pereboom and Caruso) has recently emerged as one of the most prominent theories in the field, by denying the very idea of criminal justice. This theory claims that no one ought to be criminally punished because fundamentally people do not deserve any kind of punishment. On these grounds, the quarantine model proposes forms of incapacitation based on public safety considerations. In this article, we (...) briefly review a series of objections raised against the quarantine model and propose some new or revised arguments, which are aimed at showing its inconsistencies and weaknesses. These arguments are related to (a) the lack of a reliable way of determining who is dangerous and the consequent need to make judgments about confinement based on probabilities, and (b) the prospect that the quarantine model may encourage certain crimes. Given the arguments we present in this paper, the quarantine model proves to be less solid, humane, and desirable than its proponents claim. (shrink)

In many spheres, the law takes the legal concept of causation to correspond to the folk concept (the correspondence assumption). Courts, including the US Supreme Court, tend to insist on the "common understanding" and that which is "natural to say" (Burrage v. United States) when it comes to expressions relating to causation, and frequently refuse to clarify the expression to juries. As recent work in psychology and experimental philosophy has uncovered, lay attributions of causation are susceptible to a great number (...) of unexpected factors, some of which seem rather peripheral to causation. One of those is the norm effect (Knobe & Fraser, 2008): Agents who, in acting as they do, break a salient norm, are more likely to be considered as having caused a certain consequence than when they do not violate a norm. According to some (e.g., Alicke, 1992) this constitutes a bias. According to others (e.g., Sytsma, 2020), the folk concept of causation is sensitive to normative factors, and there’s nothing wrong with that. In this paper, we explore the question whether the norm effect should be considered a bias from the legal perspective on the one hand, and from the psychological perspective on the other. To do this, we test whether norms which are nonpertinent to the consequences or outright silly also impact causation judgements. The data from two preregistered experiments (total N=593) clearly show they do. This, we argue, makes the bias interpretation plausible from the psychological perspective, and both plausible and problematic from the legal perspective. It also shows that the law should abstain from unreflectively assuming conceptual correspondence between legal and ordinary language concepts. (shrink)

Historical entitlement theories of property rights, which claim that individuals can acquire moral property rights over natural resources by appropriating them, traditionally face a strong objection: it is widely implausible that a single individual can unilaterally impose duties on everyone around him and yet, apparently, this is exactly what such theories allow. In this essay, I argue that the same problem appears in all other theories of distributive justice and if this problem was a reason to reject historical entitlement theories, (...) it would also be a reason to reject all rival theories. Which means that as long, as one is committed to any theory of distributive justice at all, she, at the risk of inconsistency, cannot rely on the aforementioned objection to criticize historical entitlement theories. (shrink)

This paper introduces a theory of ownership that is rooted in Israel Kirzner’s theory of entrepreneurship – The Entrepreneurial Theory of Ownership. Its central idea is that natural resources are not available to us automatically as other approaches to justice implicitly assume. Before we can use a resource, we need to do preparatory work in the form of making an entrepreneurial judgement on it. This fact, as I argue, makes it possible to put private ownership as a natural right on (...) a firm normative ground and answer many traditional challenges to private property. (shrink)

In 1933 Godel introduced a calculus of provability (also known as modal logic S4) and left open the question of its exact intended semantics. In this paper we give a solution to this problem. We find the logic LP of propositions and proofs and show that Godel's provability calculus is nothing but the forgetful projection of LP. This also achieves Godel's objective of defining intuitionistic propositional logic Int via classical proofs and provides a Brouwer-Heyting-Kolmogorov style provability semantics for Int which (...) resisted formalization since the early 1930s. LP may be regarded as a unified underlying structure for intuitionistic, modal logics, typed combinatory logic and λ-calculus. (shrink)

We describe a general logical framework, Justification Logic, for reasoning about epistemic justification. Justification Logic is based on classical propositional logic augmented by justification assertions t: F that read t is a justification for F. Justification Logic absorbs basic principles originating from both mainstream epistemology and the mathematical theory of proofs. It contributes to the studies of the well-known Justified True Belief vs. Knowledge problem. We state a general Correspondence Theorem showing that behind each epistemic modal logic, there is a (...) robust system of justifications. This renders a new, evidence-based foundation for epistemic logic. As a case study, we offer a resolution of the GoldmanRed Barns in Justification Logic. Furthermore, we formalize the well-known Gettier example and reveal hidden assumptions and redundancies in Gettier’s reasoning. (shrink)

This article examines a still contentious question: how conservative and liberal elements are combined in Boris N. Chicherin’s worldview and political doctrine. It considers several points of view...

Why does the theory of law have such a significant role in Russian liberalism, and how is this related to the state of the legal system in Russia and to the public’s legal consciousness? This intro...

Extant research has shown that ordinary causal judgments are sensitive to normative factors. For instance, agents who violate a norm are standardly deemed more causal than norm-conforming agents in identical situations. In this paper, we explore two competing explanations for the Norm Effect: the Responsibility View and the Bias View. According to the former, the Norm Effect arises because ordinary causal judgment is intimately intertwined with moral responsibility. According to the alternative view, the Norm Effect is the result of a (...) blame-driven bias. In a series of five preregistered experiments (N = 2688), we present evidence that predominantly favours the Bias View. In particular, and against predictions made by the Responsibility View, we show that participants deem agents who violate nonpertinent or silly norms – norms that do not relate to the outcome at hand – as more causal, and that this effect cannot be explained in terms of plausible mediators such as the agent’s foreknowledge and desire, or the foreseeability of harm. We close with a discussion regarding the implications of these findings, in as regards the just assessment of proximate cause in the law. (shrink)

One of the main fields of consciousness studies is the search for the function of consciousness. The article deals with the hypothesis of the function of imagination as an attribute of consciousness. In the regard of the issues of the attributes of consciousness, the author analyzes the phenomenon of aphantasia, that is, lack of imagination. Despite the lack of formalized ideas about the function of consciousness and despite the scientific trend of the narrowing research areas where subjective experience is necessary (...) for a normal behavior of brain, there is a tendency to expand the presence of consciousness in the world in the modern Western philosophy of consciousness. The result of this “emancipation of consciousness” is the idea of the theoretical essential closeness of a human being and other agents: animals, artificial intelligence, plants. A consequence of the “emancipation of consciousness” is the emergence of modern versions of panpsychism, which propose expanding the space of consciousness to the world as a whole. However, studies in the field of conscious cognitive processes show that the processes that need the participation of consciousness, according to the standard intuitions, in some cases successfully performed without it. For example, the phenomenon of aphantasia shows that the tasks of imagination are performed in the absence of the ability to imagine. Therefore, it is important to take also into account the theoretical possibility of the lack of the realization of the function of consciousness. This makes it possible to ask a question about the presence of consciousness in the space that is traditionally endowed with consciousness, according to the dominant views in philosophy. Therefore, by approaching the question of the attributes of consciousness, the author demonstrates the limitations of the program for the emancipation of consciousness and offers an alternative solution to the question of the scale of the presence of consciousness in the world. (shrink)

The research is devoted to the study of the phenomenon of spiritual culture of Modern times - creationism. Authors analyze the causes of creationist teachings, as well as develop a classification of forms of creationism. As such, the following are distinguished and analyzed: biblical creationism, scientific creationism, theological evolutionism, teleological creationism, alterism, missionary creationism. Biblical creationism is a literal understanding of the texts of the Bible relating to the creation of the Earth and man. Scientific creationism is an attempt by (...) individual scientists to combine scientific knowledge with religious beliefs. It gathers scientific evidence in favor of the biblical narrative, and, at the same time, rational arguments against the scientific theory of evolution. On the contrary, theological evolutionism, especially in the form of concordism, tries to reconcile the scientific and religious view of evolution. This is achieved through the interpretation of Biblical symbols through modern scientific concepts, or by the creation of a new pseudo-religion (for example, Teilhardism). Teleological creationism, in the modern form of Intelligent Design theory, popular in Western Protestantism, using the data of natural sciences, criticizes the foundations of the theory of biological evolution, thus demonstrating the gap of natural causality in order to justify the supernatural purposefulness of the Universe. Alterism asserts that the very nature of the world before original sin was different, therefore, the current knowledge of nature cannot correspond to the original plan of God reflected in the Bible. For the first time, highlighted and explored in this work, missionary creationism seeks to interpret the Bible from the point of view of concepts of modern science in order to bring a person with an already formed scientific picture of the world to faith. It is shown that most of the above forms demonstrate a pseudoscientific or pseudo-religious essence. The authors make an assumption about the origins of creationist teachings rooted in the introduction of elements of Neoplatonic philosophy into Christian teaching. The seeming contradiction between science and religion in understanding the evolution of nature finds its explanation through the disclosure of creationism's claim to understand the world as a "thing in itself". (shrink)

Neuroscience has established several brain pathways that process visual information. Distinct neural circuits analyze body appearance and movement providing information about the person’s cognitive and emotional states. The activity of the pathways depends on the salience of visual stimuli for the organism in the given circumstances. Since ballet performances are not among the crucial events for the viewer’s organism, not all viewers perceive and interpret bodily signs that express the mental state of the dancer. Treatment of the dancer as close (...) other activates the neural circuits that elaborate emotions, this enables the viewer to feel the internal state of the dancer and enrich the interpretation of the scenic action. (shrink)

Here is an account of recent investigations into the two main concepts of negation developed in the constructive logic: the negation as reduction to absurdity, and the strong negation. These concepts are studied in the setting of paraconsistent logic.

The word “encyclopedia” comes to us from the Greek or, more precisely, is the deformed transcription, through Latin, of a erase in which we recognize a word composed of two elements, enkyklios and paideia, found in Quintilian in the ancient editions of De institutione oratoria (I, 10, 1). The expression itself, enkyklios paideia, appears only later, in the Hellenistic Age, under Roman domination, beginning with Dionysius of Halicarnassus (around the first century B.C.), but the concept goes back to the Eleatics, (...) especially to Hippias of Elis who, if we can believe the account in Plato's Dialogues, taught this total knowledge, later known with the term enkyklopaideia. (shrink)

The international protest surrounding the Copenhagen Zoo’s recent decision to kill a healthy giraffe in the name of population management reveals a deep moral tension between contemporary zoological display practices—which induce zoo-goers to view certain animals as individuals, quasi-persons, or friends—and the traditional objectives of zoos, which ask us only to view animals as specimens. I argue that these zoological display practices give rise to moral obligations on the part of zoos to their visitors, and thus ground indirect duties on (...) behalf of zoos to their animals. I conclude that zoos might take on interspecies friendship as a new zoological objective. (shrink)

We define a realizability interpretation of Aczel's Constructive Set Theory CZF into Explicit Mathematics. The final results are that CZF extended by Mahlo principles is realizable in corresponding extensions of T 0 , thus providing relative lower bounds for the proof-theoretic strength of the latter.

In this paper individual proofs are integrated into provability logic. Systems of axioms for a logic with operators “A is provable” and “p is a proof of A” are introduced, provided with Kripke semantics and decision procedure. Completeness theorems with respect to the arithmetical interpretation are proved.

A growing body of literature has revealed ordinary causal judgement to be sensitive to normative factors, such that a norm-violating agent is regarded more causal than their non-norm-violating counterpart. In this paper, we explore two competing explanations for this phenomenon: the Responsibility View and the Bias View. The Bias View, but not the Responsibility View, predicts features peripheral to the agent’s responsibility to impact causal attributions. In a series of three preregistered experiments (N = 1162), we present new evidence that (...) the Norm Effect arises from such peripheral features, namely from nonpertinent or entirely silly norm violations. Furthermore, we show that this effect cannot be explained by recourse to the agent’s foreknowledge or desire of the outcome, nor by its foreseeability: the Norm Effect arises even when participants judge the norm-violating agent’s doing as equally foreseeable. This, we argue, provides evidence in favour of the Bias View. (shrink)

We investigate synonymy in the strong sense of content identity. This notion is central in the philosophy of language and in applications of logic. We motivate, uniformly axiomatize, and characterize several “benchmark” notions of synonymy in the messy class of all possible notions of synonymy. This class is divided by two intuitive principles that are governed by a no-go result. We use the notion of a scenario to get a logic of synonymy which is the canonical representative of one division. (...) In the other division, the so-called conceptivist logics, we find, e.g., the well-known system of analytic containment. We axiomatize four logics of synonymy extending AC, relate them semantically and proof-theoretically to SF, and characterize them in terms of weak/strong subject matter preservation and weak/strong logical equivalence. This yields ways out of the no-go result and novel arguments—independent of a particular semantic framework—for each notion of synonymy discussed. This points to pluralism about meaning and a certain non-compositionality of truth in logic programs and neural networks. And it unveils an impossibility for synonymy: if it is to preserve subject matter, then either conjunction and disjunction lose an essential property or a very weak absorption law is violated. (shrink)

The paper aims to present a critical analysis of the phenomenon and notion of exceptionalism in bioethics. The authors demonstrate that exceptionalism pertains to phenomena that are not (yet) entirely familiar to us and could potentially bear risks regarding their regulation. After an overview of the state of the art, we briefly describe the origins and evolution of the concept, compared to exception and exclusion. In the second step, they look at the overall development debates on genetic exceptionalism, compared to (...) other bioethical debates on exceptionalism, before presenting a detailed analysis of a specific case of early regulation of genetic screening. In the last part, the authors explain the historical background behind the connection between exceptionalism and exclusion in these debates. Their main conclusion is that while the initial stage of the discussion is shaped by the concept of exceptionalism and awareness of risks of exclusion, the later development centers around exceptions that are needed in detailed regulatory procedures. (shrink)

The main varieties of scientific misconduct are fabrication, falsification, misquoting and plagiarism. Considering the "improvement" of fraudulent skills, scientists, editors, and authorities must jointly combat the misconduct. Also, it is important that whistleblowers must be protected from revenge. The response to scientific misconduct requires national and international bodies to provide leadership and guidelines. Whistleblowers need a safe, confidential place to report misconduct. The quality of research and hidden conflicts of interest should be taken into account deciding which studies are to (...) be included into reviews. Forged publications and speculative theories have been used for promotion of drugs, dietary supplements and treatments without proven effectiveness. Marketing of placebos in the guise of evidence-based medications seems to be on the increase. Patients can be misinformed not only by the advertising but also by publications supposed to be scientific. Furthermore, it has become usual practice to disregard published criticism in spite of personal communications and debates at conferences. Some scientists seem to make use of critical comments without citing them, or just continue publications ignoring the criticism. The same scientists continue working sometimes in cooperation with renowned researchers; and it is possible that some later articles are more reliable than earlier ones. However, it is insufficient to hope that reliable publications would be shortly confirmed while forgeries would fall into oblivion. Fake papers are misleading for research and practice, cost time and money. Wrong concepts are persisting and reappearing, which may result in useless experimentation and application of invasive methods without sufficient indications. An international cooperation of bona fide scientists, editors and authorities is needed to eradicate the scientific misconduct and fraude in medicine. The book contains an overview of misconduct in medical research and practice mainly from the former Soviet Union. Ample documentary evidence is provided as illustrations. (shrink)

Byzantine intellectuals not only had direct access to Neoplatonic sources in the original language but also, at times, showed a particular interest in them. During the Early Byzantine period Platonism significantly contributed to the development of Christian doctrines and, paradoxically, remained a rival world view that was perceived by many Christian thinkers as a serious threat to their own intellectual identity. This problematic relationship was to become even more complex during the following centuries. Byzantine authors made numerous attempts to harmonize (...) Neoplatonic doctrines with Christianity as well as to criticize, refute and even condemn them. The papers assembled in this volume discuss a number of specific questions and concerns that drew the interest of Byzantine scholars in different periods towards Neoplatonic sources in an attempt to identify and explore the central issues in the reception of Neoplatonic texts during the Byzantine era. This is the first volume of the sub-series "Byzantinisches Archiv - Series Philosophica", which will be dedicated to the rapidly growing field of research in Byzantine philosophical texts. (shrink)