The criminal law presently distinguishes between actions and omissions, and only rarely proscribes failures to avert consequences that it would be an offense to bring about. Why? In recent years it has been persuasively argued by both Glover and Bennett that, celeris paribus, omissions to prevent a harm are just as culpable as are actions which bring that harm about. On the other hand, and acknowledging that hitherto “lawyers have not been very successful in finding a rationale for it,” Tony (...) Honoré has sought to defend the law's differential treatment. He proposes a “distinct-duties theory” that in addition to the general duties we owe to everyone, we also owe distinct duties to a more limited collection of people and associations, specified by features of our relationship with them. Where a distinct duty holds, breach by omission may well be no better than breach by positive action. But absent a distinct duty, omissions, per Honoré, are less culpable. They are mere failures to intervene and improve or rectify things, whereas actions are positive interventions which make things worse. And, thus, the law has good reason to differentiate between them. (shrink)

Aristotle's definition of the soul should be interpreted as: 'the soul is the entelechy of a natural body that serves as its instrument'.

Patrick McGrath has argued that my defence of papal infallibility does not succeed. His basic strategy is to establish that, contrary to my arguments, infallible papal utterances are statements and not merely declarations. He wants this result in order to go on to show that the Pope, in possession of no priviliged epistemic access to the world, is not infallible. I agree that the Pope has no priviliged epistemic access; so that is not in dispute. What is in dispute is (...) the fundamental question of whether infallible papal utterances are statements or declarations. I want to show that McGrath's arguments against my position do not work. If I am successful, then the Pope's infallibility is secure. (shrink)

It has often been charged that the doctrine of papal infallibility is either false or incoherent. These charges stem, I believe, from a misunderstanding of the logical character of infallible papal utterances, a misunderstanding shared alike by friends and foes of the doctrine. In this paper, I shall argue that the doctrine is both coherent and correct. I devote section I to uncovering some of the sources of this misunderstanding and thereby defending what might be called my negative thesis, namely, (...) that infallible papal utterances are not statements. In section II, I continue defending my negative thesis, not now as an end in itself, but rather as a means of advancing my positive thesis that infallible papal utterances are declarations and have the same logic as other declarations. The latter thesis requires a discussion of the difference between statements and declarations. Section III contains a formal speech act analysis of successful and non-defective statements and declarations with some additional explanatory notes. In section IV, I speak rather generally about the task of philosophical theology in the light of the results and procedures of sections I–III. (shrink)

We discuss and respond to the contributions of Tatjana Hörnle, John Kleinig, and John Stanton-Ife, and clarify some aspects of the arguments made in Crimes, Harms, and Wrongs.

In 1956, a few writings of Wittgenstein that he didn't publish in his lifetime were revealed to the public. These writings were gathered in the book Remarks on the Foundations of Mathematics (1956). There, we can see that Wittgenstein had some discontentment with the way philosophers, logicians, and mathematicians were thinking about paradoxes, and he even registered a few polemic reasons to not accept Gödel’s incompleteness theorems.

Antony Duff's recent account of intended action has aroused considerable interest, particularly amongst English commentators, as an attempt to provide criteria that might be utilised by a judge or legislator. While Duff's analysis is instructive, and although it may be desirable to find conditions capturing the central notion of intention in action, this paper demonstrates that the specific conditions proposed by Duff are unsatisfactory. They require extensive modification in order to circumvent a number of difficulties presented here.

Health care professionals often face moral dilemmas. Not dealing constructively with moral dilemmas can cause moral distress and can negatively affect the quality of care. Little research has been documented with methodologies meant to support professionals in care for the homeless in dealing with their dilemmas. Moral case deliberation is a method for systematic reflection on moral dilemmas and is increasingly being used as ethics support for professionals in various health-care domains. This study deals with the question: What is the (...) contribution of MCD in helping professionals in an institution for care for the homeless to deal with their moral dilemmas? A mixed-methods responsive evaluation design was used to answer the research question. Five teams of professionals from a Dutch care institution for the homeless participated in MCD three times. Professionals in care for the homeless value MCD positively. They report that MCD helped them to identify the moral dilemma/question, and that they learned from other people’s perspectives while reflecting and deliberating on the values at stake in the dilemma or moral question. They became aware of the moral dimension of moral dilemmas, of related norms and values, of other perspectives, and learned to formulate a moral standpoint. Some experienced the influence of MCD in the way they dealt with moral dilemmas in daily practice. Half of the professionals expect MCD will influence the way they deal with moral dilemmas in the future. Most of them were in favour of further implementation of MCD in their organization. (shrink)

This essay lays the groundwork for a novel conception of autonomy that may be called “effective autonomy”—a conception designed to be genuinely action guiding in bioethics. As empirical psychology research on the heuristics and biases approach shows, decision making commonly fails to correspond to people’s desires because of the biases arising from bounded cognition. People who are classified as autonomous on contemporary philosophical accounts may fail to be effectively autonomous because their decisions are uncoupled from their autonomous desires. Accordingly, continuing (...) attempts to value patient autonomy must go beyond existing philosophical conceptions of autonomy to consider the background conditions of human decision making. (shrink)

The book opens with a description of the smooth transition from Newtonian to Einsteinian behaviour from electrons as their energy is progressively increased, ...

To say that the matter of the legality of the armed conflict against Iraq in 2003 was divisive is an understatement. The primary justification given by the UK government for the lawful nature of the Iraq war was an implied mandate from the Security Council. The implied mandate was said to be derived from a combination of Security Council Resolutions 678 and 1441. Many international lawyers remain unconvinced that such a mandate can be inferred from those resolutions. There is agreement (...) among both supporters and opponents of the war in Iraq that Saddam Hussein’s regime had an appalling human rights record. This was known to the coalition governments; indeed, Tony Blair expressly made the "moral case" for war on the basis of Hussein’s human rights violations. The legal justifications offered for the conflict by the UK government, however, did not refer to humanitarian intervention. This paper investigates whether it is possible that, despite the fact that the justification was not raised by the UK, it can provide a defence to any claims that the UK acted unlawfully, or that individuals committed an international crime, by initiating the attack on Iraq. (shrink)

A numerical classification was performed on 69 elements with 54 chemicaland physicochemical properties. The elements fell into clusters in closeaccord with the electron shell s-, p- andd-blocks. The f-block elements were not included forlack of sufficiently complete data. The successive periods ofs- and p-block elements appeared in an ovalconfiguration, with d-block elements lying to one side. Morethan three axes were required to give good representation of thevariation, although the interpretation of the higher axes is difficult.Only 15 properties were scorable for (...) the noble gases, but despite thepaucity of properties reflecting chemical reactivity, analysis of the 69elements on these properties still showed the major features seen fromthe full set. (shrink)

The present volume draws together original and significant essays from a number of leading authorities which identify areas of the modern criminal law where there are significant conceptual difficulties. The project developed from a series of seminars in Cambridge University, in which leading Anglo-American philosophers, criminal lawyers and legal theorists explored subjects such as attempts, intention, justification, excuses, coercion, complicity, drug-dealing and criminal harm.

When should we make use of the criminal law? Suppose that a responsible legislature seeks to enact a morally justifiable range of criminal prohibitions. What criteria should it apply when deciding whether to proscribe conduct? Crimes, Harms, and Wrongs is a philosophical analysis of the nature, significance, and ethical limits of criminalisation. The authors explore the scope and moral boundaries of harm-based prohibitions, proscriptions of offensive behaviour, and 'paternalistic' prohibitions aimed at preventing self-harm. Their aim is to develop guiding principles (...) for these various grounds of state prohibition, including an analysis of the constraints and mediating factors that weigh for and against criminalisation. Both authors have written extensively in the field. In Crimes, Harms, and Wrongs they have reworked a number of well-known essays and added several important new essays to produce an integrated, accessible, philosophically-sophisticated account that will be of great interest to legal academics, philosophers, and advanced students alike"--Provided by publisher. (shrink)