This essay argues that the criminal justice system in the United States is flawed because it focuses principally on punishment of illegal actions without considering offenders as persons in their entirety. It considers the role that constructive shame and mercy can play in addressing this flaw. The essay concludes by applying this argument to the case of shaming penalties within criminal justice.

Mutually critical conversations between theology, ethics, and law have been underdeveloped with respect to juvenile justice. I appropriate recent theological work on the rights and agency of children to critique adultcentric approaches to juvenile justice. I focus on recent trends in juvenile justice, including sentencing juveniles to life without the possibility of parole. In developing my polemic against such policies, I analyze Graham v. Florida and the UN Convention on the Rights of the Child and their implications for juvenile justice. (...) The final section constructively proposes juvenile justice reforms and advocates for the elimination of juvenile life sentences without parole. (shrink)

I argue that the aporetic character of clemency must be understood in terms of its unmerited and merited character to achieve the underlying purposes of justice within criminal justice: justice as fairness (punishment must be deserved and proportionate) and justice as restoration (repair of the harm to victims and society and the reintegration of offenders) are paramount goals. Rather than destabilizing political order, pardons can render productive potential tensions between justice as fairness and justice as restoration. Taking as my conceptual (...) point of departure Paul Ricoeur's claims about the suprajuridical and supraethical character of pardon, I develop the argument through three central sections: an excursus into historical and contemporary practices of clemency in the United States; a critical analysis of the merited and unmerited aspects of clemency with respect to remorse and atonement theories within theological and legal discourse; and a normative engagement with pardons and felony disenfranchisement. (shrink)

ECONOMICS AND LAW HAVE HISTORICALLY ATTENUATED THE CONTRIBUtion of ethics in their putative separation of fact and value. In this essay I argue that reconceptualizing the relationships between law, economics, and ethics reveals the shortcomings of positions that disavow ethics. In the first section I contend that thinkers must reread Adam Smith as an economist and a moral philosopher to appreciate his extended treatment of sympathy, conscience, and social justice. In the second section I appropriate the work of Amartya Sen (...) to examine the entanglement of fact and value in deliberating economic choices, including moral motivations and social evaluations that problematize reductive images of economic actors. Finally, I interrogate legal regulation of corporate governance with respect to the Enron scandal and the 2002 Sarbanes-Oxley Act. I argue that legal regulation is a necessary but not sufficient resolution to corporate misconduct because it too enervates ethics and bifurcates fact and value. (shrink)

THIS ESSAY ARGUES AGAINST LEGAL, POLITICAL, AND ETHICAL JUSTIFICAtions for torture. In the expository sections of the essay, I juxtapose international prohibitions against torture with the current U.S. administration's justifications for harsh interrogation methods on the basis of military necessity and presidential prerogative. I examine the systematic and individual causes of the specific abuses at Abu Ghraib that were tantamount to torture. In the constructive sections of the essay, I retrieve the evolving standards of decency from Supreme Court cases and (...) jus cogens peremptory norms from international law. I contend that torture is deontologically wrong and that the administration's arguments on solely teleological grounds are ethically flawed and contradictory. Engaging numerous interlocutors in law, philosophy, and Christian ethics, I reconceptualize the rule of law in terms of moral vision and an emerging moral consensus, and I hold that these terms provide a more adequate framework for evaluating and repudiating the practice of torture. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:A World for All? Global Civil Society in Political Theology and Trinitarian Theology ed. by William Storrar, Peter Casarella, and Paul Louis Metzger, and: Public Theology for a Global Society: Essays in Honor of Max L. Stackhouse ed. by Deirdre King Hainsworth and Scott PaethJonathan RothchildA World for All? Global Civil Society in Political Theology and Trinitarian Theology Edited by William Storrar, Peter Casarella, and Paul Louis Metzger (...) Grand Rapids, Mich.: Eerdmans, 2011. 346 pp. $35.00Public Theology for a Global Society: Essays in Honor of Max L. Stackhouse Edited by Deirdre King Hainsworth and Scott Paeth Grand Rapids, Mich.: Eerdmans, 2010. 264 pp. $45.00The intersections of globalization, civil society, and public theological reflection remain fluid, contested, and complicated. Two edited volumes that have shared connections to Princeton’s Center of Theological Inquiry celebrate the contributions of Max Stackhouse (Public Theology for Global Society as a festschrift and A World for All? as a dedication) toward these intersections. Public Theology for a Global Society attends to neo-Calvinist debates about public theology and its applicability to family, finance, and technology, while A World For All? explores religious beliefs and practices in their contexts, the meanings of the Trinity, and the prospects for cultural, political, and religious dialogue within civil society.In Public Theology for a Global Society, the contributors engage Stackhouse’s work in terms of its “global reach and its ecclesial concern” (ix). The essays consider five overarching themes: covenant, natural law, and human rights; social pluralism and social justice; Christian responsibility for society; economic and political realism; and Christian ethics in a global era. One of the book’s strengths is that it ambitiously probes—as Stackhouse’s own work does—the substantive interrelationships of these themes. Harold Breitenberg’s opening essay clarifies the meanings of public theology, but it does not account for recent developments, including comparative interventions that reconstruct modes of public theology.In the second section on key issues in public theology, John Witte speculates on whether Stackhouse would accept sixteenth-century Calvinist thinker Johannes Althusius’s “‘different and ‘even dangerous’” (36) theory of natural law. [End Page 205] Witte’s query, which begs comparisons vis-à-vis Catholic models of public theology frequently neglected in the book, is critically addressed by Don Browning’s essay. Browning’s theology of covenant includes a subordinate theory of natural law because “the concept of covenant cannot stand alone” (49). Other essays include reflections on covenant by Hak Joon Lee (which reconstructs Abraham Kuyper’s theory of sphere sovereignty) and Richard Mouw (which analyzes neo-Calvinist conceptions of law, covenant, and common morality). Similar to Browning’s caution to Stackhouse, Mouw censures a complete rejection of natural law (104); pace Browning’s critique, Mouw applauds Stackhouse’s insistence on the prominence of covenant in neo-Calvinist ethical and social theory. Interrogation of these disagreements by either the editors or the contributors would have strengthened the book.The book’s third section examines public theology in a global context. Differing from Stackhouse, William Schweiker charts the basic anthropological and existential components of a cosmopolitan conscience to overcome the universalist and particularist difficulties within public theology (134–38). Other thinkers appropriate interreligious dialogue as constructive models. Mark Heim contends that, in the face of massive global suffering, interreligious dialogue must promote human flourishing. Scott Paeth similarly sees dialogue as a mechanism for overcoming religiously motivated violence (166). Peter Paris, Shirley Roels, and Deirdre King Hainsworth all point to various features of technology as pathways to new articulations of public theology. In the concluding section, the contributors fittingly focus on the legacy of Stackhouse, namely, his long-standing interests in justification, justice, congregational life, and a “sobered version of Reformed theology vis-à-vis institutional responsibility and the retrieval of its theological substance” (Gabriel Fackre, 247).A World for All?, borne out of a 2005 conference in Edinburgh, approaches globalization within the modern ecumenical movement as illustrated by the affiliations of its three editors: William Storrar (ecumenical Protestant), Peter Casarella (Catholic), and Paul Metzger (Evangelical). The book examines the broader trajectories of globalization in conversation with “examples of churches around the world... playing a vital part... (shrink)

Timely and provocative essays on bioethical questions brought to the forefront by the bioterrorist threat.

Epistemology has for a long time focused on the concept of knowledge and tried to answer questions such as whether knowledge is possible and how much of it there is. Often missing from this inquiry, however, is a discussion on the value of knowledge. In The Value of Knowledge and the Pursuit of Understanding Jonathan Kvanvig argues that epistemology properly conceived cannot ignore the question of the value of knowledge. He also questions one of the most fundamental assumptions in (...) epistemology, namely that knowledge is always more valuable than the value of its subparts. Taking Platos' Meno as a starting point of his discussion, Kvanvig tackles the different arguments about the value of knowledge and comes to the conclusion that knowledge is less valuable than generally assumed. Clearly written and well argued, this 2003 book will appeal to students and professionals in epistemology. (shrink)

This title presents a comprehensive guide to interpretative phenomenological analysis (IPA) which is an increasingly popular approach to qualitative inquiry taught to undergraduate and postgraduate students today.

Humans often attribute the things that happen to one or another actual cause. In this chapter, we survey some recent philosophical and psychological research on causal attribution. We pay special attention to the relation between graphical causal modeling and theories of causal attribution. We think that the study of causal attribution is one place where formal and experimental techniques nicely complement one another.

Aging and death -- Elimination -- Early death -- Drought -- Life cycles.

" Here Jonathan Lear argues that irony is one of the tools we use to live seriously, to get the hang of becoming human.

In this paper I argue in favour of a new definition of presentism that I call ‘existence presentism’ (EP). Typically, presentism is defined as the thesis that ‘only present objects exist’, or ‘nothing exists that is non-present’.1 I assume these statements to be equivalent. I call these statements of presentism ‘conventional presentism’ (CP). First, in §2, I rehearse arguments due to Ulrich Meyer that purport to show that presentism is not adequately defined as CP. In §§2.1–2.4 I show that considerations (...) of the sort raised by Meyer infect attempts to define presentism, due to Thomas Crisp, Tom Stoneham, and Theodore Sider. Thus the first half of the paper is constituted by a negative project that looks to show how extant definitions of presentism fail. In the second half of the paper, I continue in the negative theme in §3, before laying out EP and demonstrating that it solves the problems faced by CP and offering explanations of how to make sense of certain key notions that lie at the heart of EP. I conclude that EP is preferable to CP. (shrink)

The authors consider the nature of explanatory models in the social sciences in order to suggest ways in which conceptual systems differ. They suggest that, in many cases, theorists, researchers and clinicians can utilize insights from rival models in building their own models, without sacrificing the integrity of their own work.

Much discussion about experimental philosophy and philosophical methodology has been framed in terms of the reliability of intuitions, and even when it has not been about reliability per se, it has been focused on whether intuitions meet whatever conditions they need to meet to be trustworthy as evidence. But really that question cannot be answered independently from the questions, evidence for what theories arrived at by what sorts of inferences? I will contend here that not just philosophy's sources of evidence, (...) but also its inferential resources, are in great need of closer examination. (shrink)

Evidentialism is the thesis that all reasons to believe p are evidence for p. Pragmatists hold that pragmatic considerations – incentives for believing – can also be reasons to believe. Nishi Shah, Thomas Kelly and others have argued for evidentialism on the grounds that incentives for belief fail a ‘reasoning constraint’ on reasons: roughly, reasons must be considerations we can reason from, but we cannot reason from incentives to belief. In the first half of the paper, I show that this (...) argument fails: the claim that we cannot reason from incentives is either false or does not combine with the reasoning constraint to support evidentialism. However, the failure of this argument suggests an alternative route to evidentialism. Roughly, reasons must be premises of good reasoning, but it is not good reasoning to reason from incentives to belief. The second half of the paper develops and defends this argument for evidentialism. (shrink)

This article gives an overview of some recent debates about the relationship between reasons and rational requirements of coherence - e.g. the requirements to be consistent in our beliefs and intentions, and to intend what we take to be the necessary means to our ends.

Many philosophers have been attracted to the view that reasons are premises of good reasoning – that reasons to φ are premises of good reasoning towards φ-ing. However, while this reasoning view is indeed attractive, it faces a problem accommodating outweighed reasons. In this article, I argue that the standard solution to this problem is unsuccessful and propose an alternative, which draws on the idea that good patterns of reasoning can be defeasible. I conclude by drawing out implications for the (...) debate over pragmatic reasons for belief and other attitudes and for one influential form of reductionism about the normative. (shrink)

Research on the capacity to understand others' minds has tended to focus on representations ofbeliefs,which are widely taken to be among the most central and basic theory of mind representations. Representations ofknowledge, by contrast, have received comparatively little attention and have often been understood as depending on prior representations of belief. After all, how could one represent someone as knowing something if one does not even represent them as believing it? Drawing on a wide range of methods across cognitive science, (...) we ask whether belief or knowledge is the more basic kind of representation. The evidence indicates that nonhuman primates attribute knowledge but not belief, that knowledge representations arise earlier in human development than belief representations, that the capacity to represent knowledge may remain intact in patient populations even when belief representation is disrupted, that knowledge (but not belief) attributions are likely automatic, and that explicit knowledge attributions are made more quickly than equivalent belief attributions. Critically, the theory of mind representations uncovered by these various methods exhibits a set of signature features clearly indicative of knowledge: they are not modality-specific, they are factive, they are not just true belief, and they allow for representations of egocentric ignorance. We argue that these signature features elucidate the primary function of knowledge representation: facilitating learning from others about the external world. This suggests a new way of understanding theory of mind – one that is focused on understanding others' minds in relation to the actual world, rather than independent from it. (shrink)

Causal claims are context sensitive. According to the old orthodoxy (Mackie 1974, Lewis 1986, inter alia), the context sensitivity of causal claims is all due to conversational pragmatics. According to the new contextualists (Hitchcock 1996, Woodward 2003, Maslen 2004, Menzies 2004, Schaffer 2005, and Hall ms), at least some of the context sensitivity of causal claims is semantic in nature. I want to discuss the prospects for causal contextualism, by asking why causal claims are context sensitive, what they are sensitive (...) to, and where they are sensitive to it. (shrink)

The study of conscious experience per se has not kept pace with the dramatic advances in PET, fMRI and other brain-scanning technologies. If anything, the standard approaches to examining the 'view from within' involve little more than cataloguing its readily accessible components. Thus the study of lived subjective experience is still at the level of Aristotelian science, leading to a widespread scepticism over the possibility of a truly scientific study of conscious experience. Drawing on a wide range of approaches -- (...) from phenomenology to meditation -- The View From Within examines the possibility of a disciplined approach to the study of subjective states. The focus is on the practical issues involved. (shrink)

According to the TDT, no singular propositions about an individual and no "thisnesses" of individuals exist prior to the existence of the indivi­dual in question, where a thisness "is the property of being x, or of being identical with x" and a "singular proposition about an individual x is a proposition that involves or refers to x directly, perhaps by having x or the thisness of x as a constituent, and not merely by way of x's qualitative properties or relations (...) to other individuals" (p. 315) The support for this position comes from two sources, according to Adams. (shrink)

This paper reconstructs Margaret Cavendish’s theory of the metaphysics of artifacts. It situates her anti-mechanist account of artifactual production and the art-nature distinction against a background of Aristotelian, Scholastic, and mechanist theories. Within this broad context, it considers what Cavendish thinks artisans can actually do, grounding her terminological stipulation that there is no genuine generation in nature in a commitment to natural and artistic production as the mere rearrangement of bodies. Bodies themselves are identified, in a conceptually Ockhamist manner, with (...) their figures, so that the resulting theory of mere rearrangement is Scholastically respectable. The paper also offers literal interpretations, focused narrowly on the philosophical content of her theories of art and artifacts, of her claims that art concerns only “nature’s sporting or playing actions”, that its products are “deformed and defective”, and that they are “at best …mixt or hermaphroditical.". (shrink)

Integrity ought logically to be a particularly important concept within political science. If those acting within the political system do not have integrity, our ability to trust them, to have confidence in their actions, and perhaps even to consider them legitimate can be challenged. Indeed, the very concept of integrity goes some way towards underwriting positive views of political actors. Yet, despite this importance, political science as a discipline has perhaps focused too little on questions of integrity. Where political science (...) has looked at the subject of integrity, it has often done so without using the specific linguistic formulation “integrity”. Most commonly, the focus has instead been on “corruption”—a strand of research which has produced results that cannot always be translated into discussions of integrity, by virtue of its narrower focus upon the “negative pole” of public ethics. Other measures, such as “Quality of Government”, focus on positive attributes, notably impartiality, but this also fails fully to capture the notion of integrity: dishonesty can be impartial. Specific formal “codes” used within public life and among political practitioners can be much more nuanced than the most widely used measures, and can be much closer to what we understand—academically—as “integrity”. This paper argues that the hard conceptual and empirical work of elaborating integrity into a fully operationalizable concept offers the potential reward of an analytical concept that is more closely aligned with political reality. (shrink)

A much discussed morpheme in Semitic historical linguistics is the suffix *-n. Its reflexes include the energic in Classical Arabic, the ventive in Akkadian, and many languages with a [V – n – object pronoun] reflex. Explanations of its origins fall broadly into two camps. One sees it originally as a proto-Semitic verbal suffix, while the other derives it from a grammaticalization of an originally independent [deictic/presentative + object pronoun] element. This paper argues for the correctness of the second explanation, (...) to which end a general reconstruction of the historical development of the morpheme in West Semitic is developed, with particular attention given to Arabic. Although a modest and unobtrusive morpheme, it is argued that the linguistics of *-n is of considerable significance for conceptualizations of Arabic and Semitic historical linguistics. (shrink)

How is reality really manufactured? The idea of social construction has become a commonplace part of much social research, yet precisely what is constructed, how it is constructed, and what constructionism means are often left unclear or taken for granted. In this major work, Jonathan Potter explores the central themes raised by these questions. Representing Reality explores the different traditions in constructivist thought--including sociology of scientific knowledge; conversation analysis and ethnomethodology; and semiotics, poststructuralism, and postmodernism--to provide a lucid introduction (...) to several key strands of work that have overturned the way we think about facts and descriptions. Potter illustrates his points throughout with varied and engaging examples taken from newspaper stories, relationship counseling sessions, accounts of paranormal events, social workers' assessments of violent parents, informal talk between program organizers, political arguments, and everyday conversations. Representing Reality offers the student and scholar in social psychology, rhetoric and discourse, and related fields a critical introduction to constructivism. (shrink)

Jonathan Y. Tsou examines and defends positions on central issues in philosophy of psychiatry. The positions defended assume a naturalistic and realist perspective and are framed against skeptical perspectives on biological psychiatry. Issues addressed include the reality of mental disorders; mechanistic and disease explanations of abnormal behavior; definitions of mental disorder; natural and artificial kinds in psychiatry; biological essentialism and the projectability of psychiatric categories; looping effects and the stability of mental disorders; psychiatric classification; and the validity of the (...) DSM's diagnostic categories. The main argument defended by Tsou is that genuine mental disorders are biological kinds with harmful effects. This argument opposes the dogma that mental disorders are necessarily diseases that result from biological dysfunction. Tsou contends that the broader ideal of biological kinds offers a more promising and empirically ascertainable naturalistic standard for assessing the reality of mental disorders and the validity of psychiatric categories. (shrink)

Serena Olsaretti brings together new essays by leading moral and political philosophers on the nature of desert and justice, their relations with each other and with other values.

Cicero may be best known as a politician, but he was also one of the few significant Roman writers of philosophy. Powell presents a new and exciting selection of current scholarly work on this neglected side of him, establishing Cicero firmly as a serious philosophical writer of continuing importance and relevance.

In this introduction we explore a number of puzzles that arise concerning epistemic autonomy, and introduce the sections and chapters of the book. There are four broad types of puzzles to be explored, corresponding to the four sections of the book. The first set of puzzles concerns the nature of epistemic autonomy. Here, questions arise such as what is epistemic autonomy? Is epistemic autonomy valuable? What are we epistemically autonomous about? The second set of puzzles concern epistemic paternalism. Paternalistic acts (...) interfere with an agent’s autonomy. Here, questions arise concerning the permissibility of epistemic paternalism as well the extension of epistemically paternalistic acts. The third set of puzzles concerns the relation of epistemic autonomy to epistemic value and to intellectual virtues and vices. Is there epistemic value to being epistemically autonomous? How does epistemic autonomy relate to different intellectual virtues and vices? Finally, the fourth set of puzzles concerns the role of epistemic autonomy within a social epistemology. How does epistemic autonomy square with a reliance on expertise? Does thinking about epistemic autonomy add to the debates about the epistemic significance of disagreement or epistemic injustice? (shrink)

According to a number of influential views in penal theory, 1 one of the primary goals of the criminal justice system is to rehabilitate offenders. Rehabilitativemeasures are commonly included as a part of a criminal sentence. For example, in some jurisdictions judges may order violent offenders to attend anger management classes or to undergo cognitive behavioural therapy as a part of their sentences. In a limited number of cases, neurointerventions — interventions that exert a direct biological effect on the brain (...) — have been used as aids to rehabilitation, typically being imposed as part of criminal sentences, separate treatment orders, or conditions of parole. Examples of such interventions include medications intended to attenuate addictive desires in substance-abusing offenders and agents intended to suppress libido in sex offenders.This chapter reviews some of the ethical issues raised by the use of neurointerventions as aids to rehabilitation. (shrink)

The revised edition of this highly successful text provides a clear and accessible introduction to some of the most important questions of political philosophy. Organized around major issues, Wolff provides the structure that beginners need, while also introducing some distinctive ideas of his own.

In this chapter I develop and motivate and account of epistemic autonomy as an intellectual character virtue. In Section one, I clarify the concept of an intellectual virtue and character intellectual virtues in particular. In Section two, I clear away some misconceptions about epistemic autonomy to better focus on our target. In Section three, I examine and evaluate several extant accounts of the virtue of epistemic autonomy, noting problems with each. In Section four, I provide my positive account of the (...) virtue of epistemic autonomy and explain how it meets the desiderata for such an account while avoiding the problems with extant accounts. Finally, in Section five, I fill the account out by digging into the factors that guide epistemically autonomous agents in having an appropriate reliance on their own thinking. (shrink)

One of the key criticisms of understanding health in terms of adaptation to one’s environment is that medical judgments should be able to apply across environments. If we say that a condition is pathological ‘for person X in environment E’, then we quickly run into problems of desirability and social values. However, many key concepts in biology entail an inability to separate the organism from its environment. In other words, it is precisely by referring to ‘organism X in environment E’ (...) that we can determine what is ‘normal and natural’. In this chapter, I will argue that the role of this inseparability of organism and environment for understanding medical norms has been misunderstood and the implications of it for naturalistic theories of health and disease have gone largely unappreciated. To better understand this contextualist approach, I will discuss the ideas of John Ryle and Georges Canguilhem, focusing primarily on the latter. In Canguilhem’s work we find some key arguments for why organismic norms need to be understood relative to environments and how this can help to clarify the concepts of health and disease. I will explore his peculiar form of naturalism that was based on the dynamism and variability of organisms, show how it can be clarified through more recent biological research, and mention some of its limitations. (shrink)

I begin by expressing my sincere thanks to my critics for taking time from their own impressive projects in epistemology to consider mine. Often, in reading their criticisms, I had the feeling of having received more help than I really wanted! But the truth of the matter is that we learn best by making mistakes, and I appreciate the conscientious attention to my work that my critics have shown.

This article argues that two words in line 8.612 of the Aeneid, promissa and perfecta, have been transposed since the poem's composition, and that the restoration of their correct order yields a preferable sense. This corruption would have happened at an early stage in the poem's transmission, but there is some reason to believe that Servius’ comment on the verse reflects its original state.

This paper provides an assessment of the bodily-attitudinal theory of emotions, according to which emotions are felt bodily attitudes of action readiness. After providing a reconstruction of the view and clarifying its central commitments two objections are considered. An alternative object side interpretation of felt action readiness is then provided, which undermines the motivation for the bodily-attitudinal theory and creates problems for its claims concerning the content of emotional experience. The conclusion is that while the bodily-attitudinal theory marks out a (...) distinctive proposal concerning the question of what emotions are, there remain significant issues which need addressing if it is to be a plausible competitor to existing theories of emotion. (shrink)