Much of the philosophical discussion of punishment has focused on its justification. Consequentialists argue that punishment must be justified by its future consequences. Retributivists argue that punishment must be justified by the ill-desert of the one punished. And there are several philosophical positions on the justification of punishment in between these two: for example, weak or teleological retributivism, which justifies particular instances of punishment by both their consequences and the desert of the offenders, and positions which distinguish between the institution (...) of punishment and specific instances of punishment. (shrink)

Much of the philosophical discussion of punishment has focused on its justification. Consequentialists argue that punishment must be justified by its future consequences. Retributivists argue that punishment must be justified by the ill-desert of the one punished. And there are several philosophical positions on the justification of punishment in between these two: for example, weak or teleological retributivism, which justifies particular instances of punishment by both their consequences and the desert of the offenders, and positions which distinguish between the institution (...) of punishment and specific instances of punishment. (shrink)

This book is comprised of essays previously published in Philosophy & Public Affairs and also an extended excerpt from Michael Walzer's Just and Unjust Wars.

In this paper I describe cases of moral blackmail as cases where A is told by B that if A does not commit an otherwise immoral act, B will commit an immoral act of equal or greater gravity. I describe cases of moral dilemma as cases where A must commit an otherwise immoral act to avert a natural disaster of equal or greater gravity. I then argue that cases of moral blackmail are structurally identical to cases of moral dilemma in (...) all respects but one: In cases of moral blackmail, A is predicting the free actions of a moral agent (B), whereas in cases of moral dilemma, A is predicting natural events. I conclude that cases of moral blackmail are more problematic than otherwise similar cases of moral dilemma for this reason alone. (shrink)

This two-volume collection of essays brings together major contemporary theoretical works on freedom of speech. Volume I, begins with a theoretical overview of freedom of speech and then turns to the topics of what justifies freedom of speech and what kinds of acts raise free speech concerns. Volume II, examines the distinctions among content regulations and between content and content-neutral regulations. It also analyses the concept of the public forum, inciting and hateful speech and lastly the tension between the subsidizing (...) activities of the affirmative state and the negative liberty of freedom of speech. (shrink)

In this paper I describe cases of moral blackmail as cases where A is told by B that if A does not commit an otherwise immoral act, B will commit an immoral act of equal or greater gravity. I describe cases of moral dilemma as cases where A must commit an otherwise immoral act to avert a natural disaster of equal or greater gravity. I then argue that cases of moral blackmail are structurally identical to cases of moral dilemma in (...) all respects but one: In cases of moral blackmail, A is predicting the free actions of a moral agent (B), whereas in cases of moral dilemma, A is predicting natural events. I conclude that cases of moral blackmail are more problematic than otherwise similar cases of moral dilemma for this reason alone. (shrink)

John Rawls’ Difference Principle, which requires that primary goods--income, wealth, and opportunities--be distributed so as to maximize the primary goods of the least advantaged class, has both a libertarian and a welfarist interpretation. The welfarist interpretation, which fits somewhat more easily with Rawls’ method for deriving principles of justice--rational contractors choosing principles behind the veil of ignorance--and with Rawls’ contention that there is a natural affirmative duty to aid others and to help establish and maintain just institutions, is the orthodox (...) interpretation. But there is scattered, fragmentary evidence for the libertarian interpretation as well. In this article I examine a recent version of the libertarian interpretation put forward by Jeffrey Reiman and discuss its implications as a standard for justice in cooperative arrangements. (shrink)

John Rawls’ Difference Principle, which requires that primary goods--income, wealth, and opportunities--be distributed so as to maximize the primary goods of the least advantaged class, has both a libertarian and a welfarist interpretation. The welfarist interpretation, which fits somewhat more easily with Rawls’ method for deriving principles of justice--rational contractors choosing principles behind the veil of ignorance--and with Rawls’ contention that there is a natural affirmative duty to aid others and to help establish and maintain just institutions, is the orthodox (...) interpretation. But there is scattered, fragmentary evidence for the libertarian interpretation as well. In this article I examine a recent version of the libertarian interpretation put forward by Jeffrey Reiman and discuss its implications as a standard for justice in cooperative arrangements. (shrink)

Over the last few decades, neuroimaging techniques have transformed our understanding of the brain and the effect of neurological conditions on brain function. More recently, light-based modalities such as functional near-infrared spectroscopy have gained popularity as tools to study brain function at the bedside. A recent application is to assess residual awareness in patients with disorders of consciousness, as some patients retain awareness albeit lacking all behavioural response to commands. Functional near-infrared spectroscopy can play a vital role in identifying these (...) patients by assessing command-driven brain activity. The goal of this review is to summarise the studies reported on this topic, to discuss the technical and ethical challenges of working with patients with disorders of consciousness, and to outline promising future directions in this field. (shrink)

A few years ago a battered infant was admitted to a California hospital. After a period of observation and testing, the physicians concluded that the infant had been beaten so badly that his brain was almost completely destroyed, leaving him permanently unconscious. The hospital had just adopted a policy specifying that life-sustaining treatment for permanent unconsciousness was futile and, therefore, not indicated. According to this policy, after suitable subspecialty consultations and deliberations, including efforts to gain parental agreement and documentation of (...) unanimous ethics committee support, the patient's physician had the authority to discontinue life-sustaining treatment. The infant's physician wished to do this. The mother, however, who was the prime battery suspect, insisted that the baby be kept alive. (shrink)

Recent accounts of “the biological” emphasize its thoroughgoing transformation. Accounts of biomedicalization, biotechnology, biopower, biocapital, and bioeconomy tend to agree that twentieth- and twenty-first-century life sciences transform the object of biology, the biological. Amidst so much transformation, we explore attempts to stabilize the biological through standards. We ask: how do standards handle the biological in transformation? Based on ethnographic research, the article discusses three contemporary postgenomic standards that classify, construct, or identify biological forms: the Barcoding of Life Initiative, the BioBricks (...) Assembly Standard, and the Proteomics Standards Initiative. We rely on recent critical analyses of standardization to suggest that any attempt to attribute a fixed property to the biological actually multiplies dependencies between values, materials, and human and nonhuman agents. We highlight ways in which these biological standards cross-validate life forms with forms of life such as publics, infrastructures, and forms of disciplinary compromise. Attempts to standardize the biological, we suggest, offer a good way to see how a life form is always also a form of life. (shrink)

When it comes to using patient data from the National Health Service for research, we are often told that it is a matter of trust: we need to trust, we need to build trust, we need to restore trust. Various policy papers and reports articulate and develop these ideas and make very important contributions to public dialogue on the trustworthiness of our research institutions. But these documents and policies are apparently constructed with little sustained reflection on the nature of trust (...) and trustworthiness, and therefore are missing important features that matter for how we manage concerns related to trust. We suggest that what we mean by ‘trust’ and ‘trustworthiness’ matters and should affect the policies and guidance that govern data sharing in the NHS. We offer a number of initial, general reflections on the way in which some of these features might affect our approach to principles, policies and strategies that are related to sharing patient data for research. This paper is the outcome of a ‘public ethics’ coproduction activity which involved members of the public and two academic ethicists. Our task was to consider collectively the accounts of trust developed by philosophers as they applied in the context of the NHS and to coproduce an argumentative position relevant to this context. (shrink)

Alexithymia, psychological distress, and posttraumatic stress disorder (PTSD) are highly related constructs. The ongoing debate about the nature and relationship between these constructs is perpetuated by an overreliance on cross-sectional research. We examined the longitudinal interactive relationship between alexithymia, psychological distress, and PTSD. We hypothesised that there is an interactive relationship between the three constructs. Military personnel (N = 1871) completed the Toronto Alexithymia Scale, the Kessler 10 and a PTSD Checklist (PCL-C) at pre-deployment, post-deployment, and at 3–4 years following (...) the post-deployment assessment. We initially tested whether psychological distress is either a moderator or mediator in the relationship between alexithymia and PTSD across the time points. General psychological distress was a partial mediator of total PTSD severity and hyperarousal symptomology at all three time points. Psychological distress fully mediated re-experiencing and avoidance symptomology at all three time points. Our results suggest that those with alexithymia are at longitudinal risk of developing more severe PTSD symptomology and experiencing hyperarousal irrespective of temporal proximity to traumatic exposure. Further, vulnerability to the emergence of re-experiencing and avoidance symptomology for those with alexithymia is increased when one experiences greater distress. Our results show that alexithymia is a persistent risk factor for PTSD symptomology. (shrink)

Rationale: Deep brain stimulation (DBS) of the hippocampus is proposed for enhancement of memory impaired by injury or disease. Many pre-clinical DBS paradigms can be addressed in epilepsy patients undergoing intracranial monitoring for seizure localization, since they already have electrodes implanted in brain areas of interest. Even though epilepsy is usually not a memory disorder targeted by DBS, the studies can nevertheless model other memory-impacting disorders, such as Traumatic Brain Injury (TBI). Methods: Human patients undergoing Phase II invasive monitoring for (...) intractable epilepsy were implanted with depth electrodes capable of recording neurophysiological signals. Subjects performed a delayed-match-to-sample (DMS) memory task while hippocampal ensembles from CA1 and CA3 cell layers were recorded to estimate a multi-input, multi-output (MIMO) model of CA3-to-CA1 neural encoding and a memory decoding model (MDM) to decode memory information from CA3 and CA1 neuronal signals. After model estimation, subjects again performed the DMS task while either MIMO-based or MDM-based patterned stimulation was delivered to CA1 electrode sites during the encoding phase of the DMS trials. Each subject was sorted (post hoc) by prior experience of repeated and/or mild-to-moderate brain injury (RMBI), TBI, or no history (control) and scored for percentage successful delayed recognition (DR) recall on stimulated vs. non-stimulated DMS trials. The subject’s medical history was unknown to the experimenters until after individual subject memory retention results were scored. Results: When examined compared to control subjects, both TBI and RMBI subjects showed increased memory retention in response to both MIMO and MDM-based hippocampal stimulation. Furthermore, effects of stimulation were also greater in subjects who were evaluated as having pre-existing mild-to-moderate memory impairment. Conclusion: These results show that hippocampal stimulation for memory facilitation was more beneficial for subjects who had previously suffered a brain injury (other than epilepsy), compared to control (epilepsy) subjects who had not suffered a brain injury. This study demonstrates that the epilepsy/intracranial recording model can be extended to test the ability of DBS to restore memory function in subjects who previously suffered a brain injury other than epilepsy, and support further investigation into the beneficial effect of DBS in TBI patients. (shrink)

Claire Katz & Lara Trout, Emmanuel Levinas. Critical Assessments of Leading Philosophers ; Thomas Bedorf, Andreas Cremonini, Verfehlte Begegnung. Levinas und Sartre als philosophische Zeitgenossen ; Samuel Moyn, Origins of the Other: Emmanuel Levinas between Revelation and Ethics ; Pascal Delhom & Alfred Hirsch, Im Angesicht der Anderen. Levinas’ Philosophie des Politischen ; Sharon Todd, Learning from the other: Levinas, psychoanalysis and ethical possibilities in education ; Michel Henry, Le bonheur de Spinoza, suivi de: Etude sur le spinozisme de Michel (...) Henry, par Jean-Michel Longneaux ; Jean-François Lavigne, Husserl et la naissance de la phénoménologie. Des Recherches logiques aux Ideen: la genèse de l’idéalisme transcendantal phénoménologique ; Denis Seron, Objet et signification ; Dan Zahavi, Sara Heinämaa and Hans Ruin, Metaphysics, Facticity, Interpretation. Phenomenology in The Nordic Countries ; Dimitri Ginev, Entre anthropologie et herméneutique ; Magdalena Mărculescu-Cojocea, Critica metafizicii la Kant şi Heidegger. Problema subiectivităţii: raţiunea între autonomie şi deconstrucţie. (shrink)

PYRRHONIAN BUDDHISM: AN IMAGINATIVE RECONSTRUCTION -/- Author: -/- Adrian Kuzminski 279 Donlon Road Fly Creek, NY 13337 USA -/- Description of Pyrrhonian Buddhism: -/- The ancient Greek sceptic philosopher, Pyrrho of Elis, accompanied Alexander the Great to India, where he had contacts with Indian sages, so-called naked philosophers (gymnosophists), among whom were very probably Buddhist mendicants, or sramanas. My work, entitled Pyrrhonian Buddhism, takes seriously the hypothesis that Pyrrho’s contact with early Buddhists was the occasion of his rethinking, (...) in a Greek philosophical idiom, of what he experienced in those encounters. This has major implications for our understanding of both Buddhism and Pyrrhonism. -/- Pyrrho’s rethinking of Buddhism, I argue, enabled him to introduce into Greek philosophy and culture several key Buddhist notions. These include the primacy and interdependence of immediate phenomenal experience (which the Buddhists called dependent origination), the suspension of judgment about beliefs lacking phenomenal verification (reflecting the scepticism of the Buddha about ‘unanswered’ or ‘metaphysical’ questions), and the promise of personal enlightenment said to follow such suspension, which Pyrrho called ataraxia, and the Buddhists called bodhi. -/- Pyrrho, like Socrates, wrote nothing, but the movement he founded—Pyrrhonism--became an important tradition in Western philosophy. When the texts of later Pyrrhonian philosophers, particularly Sextus Empiricus, were redicovered during the Renaissance, they sparked a reexamination of the foundations of knowledge, thereby helping to prompt the modern scientific revolution. -/- The notion that early Buddhism played a pivotal role in the birth of ancient Greek Pyrrhonian philosophy remains provocative, but has found increasing support in recent years. An earlier work of mine, Pyrrhonism: How the Ancient Greeks Reinvented Buddhism (Lexington Books, 2008), was, as far as I know, the first book-length comparison of the common features of the two traditions. My current work, Pyrrhonian Buddhism, seeks to broaden and deepen this comparison. It argues that ancient Greek Pyrrhonism is best understood as a fully developed but hitherto largely unrecognized Western version of Buddhism. -/- The Introduction reviews our current understanding of Pyrrhonism in light of recent scholarship on ancient Greek-Indian cultural exchanges, and outlines the methodology I employ. -/- Part I of the book offers re-readings of the classic Pyrrhonian texts, with parallels to Buddhism in mind, including Diogenes Laertius (Chapter One), Sextus Empiricus (Chapter Two) and Timon and Aulus Gellius (Chapter Three). -/- Part II enlists the rubric of the Three Turnings of the Wheel of Dharma to illuminate the fundamental points of comparison between early Buddhism and ancient Pyrrhonism. -/- The First Turning (Chapter Four) centers on the Buddhist insistence on the dependent origination of the objects of immediate consciousness, which can also be found in the understanding of immediate experience expressed in the phenomenalistic atomism of the Pyrrhonists. The Second Turning (Chapter Five), as posed by the ‘unanswered questions’ of the Buddha and the ‘emptiness’ of the Madhyamaka, finds its Pyrrhonian correlation in the suspension of judgment over ‘indeterminate’ beliefs. And the Third Turning (Chapter Six), reported as bodhi in Buddhism and ataraxia in Pyrrhonism, is shown in both traditions to follow liberation from suffering and existential angst, caused by what the Buddhists call our attachments and the Pyrrhonists call our beliefs. -/- Other Writers/Commentators: -/- Aspects of the Pyrrhonian/Buddhism question have been addressed by Edward Conze, Everard Flintoff, Thomas McEvilley, Jay Garfield, Mathew Neale, Ethan Mills, Christopher Beckwith, and Robin Brons, among other recent writers. The book-length studies on the issue (since my earlier work) are by Beckwith (Greek Buddha) and Neal (Madhyamaka and Pyrrhonism). Other writers/scholars with relevant expertise include C. W. Huntington, Jr., Charles Goodman, Stephen Batchelor, Dan Lusthaus, Rupert Gethin, and Mark Siderits. -/- . (shrink)

Simbolismul religios a trezit mereu interesul cercetătorilor din domenii diferite de activitate, lumea întreagă reprezentând un mare simbol ce trebuie să fie descifrat. În dorința de a înțelege sensurile universului înconjurător, oamenii de știință au folosit descoperirile din domenii conexe pentru a-și formula propriile teorii. În acest sens, se pot realiza conexiuni pertinente între felurile în care istoricul religiilor Mircea Eliade și teologul ortodox Alexander Schmemann au definit simbolul și felul în care acesta este prezent în viața de zi (...) cu zi a oamenilor, redefinind astfel și strânsa legătură ce există între istoria religiilor și teologie ca discipline de studiu academic. (shrink)

Significant work in the philosophy of history has focused on the writing of historiographical narratives, isolated from the rest of what historians do. Taking my cue from the philosophy of science in practice, I suggest that understanding historical narratives as embedded within historical practice more generally is fruitful. I illustrate this by bringing a particular instance of historical practice, Natalie Lawrence’s explanation of the sad fate of Winston the platypus, into dialogue with some of Louis Mink’s arguments in favour (...) of anti-realism about historical events. Attending to how historians seek out and utilize archival resources puts serious pressure on these arguments, motivates realist positions, and re-focuses the philosophy of history towards making sense of historiography as a part of the diversity of historians’ interests. (shrink)

: The question of possible Indian influence on Pyrrhonist skepticism was raised long ago by Diogenes Laertius in his biography of Pyrrho. Diogenes tells us that Pyrrho adopted his "most noble philosophy" as a result of his contacts with Indian sages when he accompanied Alexander the Great on his expedition in the fourth century B.C.E. Most modern Western scholars have downplayed Diogenes’ claim as unsubstantiated, but the striking parallels to be found in subsequent ancient Pyrrhonist and Mādhyamaka texts suggest (...) its continued plausibility. In both the Pyrrhonist texts of Sextus Empiricus and the Mādhyamaka texts of Nāgārjuna and Candrakīrti, we are repeatedly counseled above all to suspend our various non-evident beliefs, that is, our judgments about or attachments to evident things, if we wish to be liberated from the anxiety that such beliefs create and gain some kind of tranquillity, bliss, or enlightenment. A comparative analysis of these Pyrrhonist and Mādhyamaka texts finds that what differences exist are entirely compatible with, and equally in the service of, this common, and indeed virtually identical, therapeutic purpose. It is perhaps not too much to say that Pyrrhonism and the Mādhyamaka are nearly indistinguishable from one another, an intriguing conclusion to contemplate. (shrink)

The article treats as significant the formal coincidence between Kant’s presentation of the science of metaphysics in the “Architectonic of Pure Reason” chapter of the first Critique and Alexander Baumgarten’s presentation of the same in the Metaphysica. From his comments on Baumgarten in the metaphysics lectures, the article shows that for Kant metaphysics in its traditional form lacked completeness and systematic order. Kant fits completeness into his architectonic plan of a scientific metaphysics by converting Baumgartian ontology into an “analytic (...) of the understanding”; Kant achieves the systematicity by modeling a rational “idea of the form of the whole” after Baumgarten’s tree-like ordering of the special sciences of metaphysics. Thus, Kant realizes the completeness and systematicity in a theoretical presentation of the science of metaphysics that he finds lacking in Baumgarten precisely by borrowing from the latter his scheme for metaphysics. (shrink)

The article treats as significant the formal coincidence between Kant’s presentation of the science of metaphysics in the “Architectonic of Pure Reason” chapter of the first Critique and Alexander Baumgarten’s presentation of the same in the Metaphysica. From his comments on Baumgarten in the metaphysics lectures, the article shows that for Kant metaphysics in its traditional form lacked completeness and systematic order. Kant fits completeness into his architectonic plan of a scientific metaphysics by Converting Baumgartian ontology into an “analytic (...) of the understanding”; Kant achieves the systematicity by modeling a rational “idea of the form of the whole” after Baumgarten’s tree-like ordering of the special sciences of metaphysics. Thus, Kant realizes the completeness and systematicity in a theoretical presentation of the science of metaphysics that he finds lacking in Baumgarten precisely by borrowing from the latter his scheme for metaphysics. (shrink)

The Aretaic Turn in Constitutional Theory argues that an institutional approach to theories of constitutional interpretation ought to be supplemented by explicit focus on the virtues and vices of constitutional adjudicators. Part I, The Most Dysfunctional Branch, advances the speculative hypothesis that politicization of the judiciary has led the political branches to exclude consideration of virtue from the nomination and confirmation of Supreme Court Justices and to select Justices on the basis of the strength of their commitment to particular positions (...) on particular issues and the fervor of their ideological passions. Part II, Institutionalism and Constitutional Interpretation, engages Cass Sunstein and Adrian Vermeule's recent essay, "Interpretation and Institutions." Sunstein and Vermeule contend that theories of constitutional interpretation are most fundamentally flawed because of their failure to take an institutional turn, but their supporting arguments lead to a related but quite distinct conclusion. Only a theory of judicial character can supply the diagnosis for the ills that Sunstein and Vermeule identify: constitutional theory must take an aretaic turn. Part III, Making the Aretaic Turn in Constitutional Theory, sketches an alternative approach to judicial review and constitutional interpretation that is rooted in contemporary virtue ethics. In Part IV, Constitutional Virtues and Vices, this sketch is given flesh and bones in the form of a theory of constitutional virtue and vice. Excellence in constitutional adjudication requires the virtues of judicial courage, judicial temperament, judicial temperance, judicial intelligence, and judicial wisdom (or phronesis). Most importantly, a virtuous constitutional interpreter must have the virtue of justice, which includes as components impartiality, lawfulness, and legal vision. Part V, The Aretaic Reconstruction of the Institutional Critique, returns to institutionalism as an approach to the theory of constitutional interpretation and argues that institutionalists cannot coherently refrain from making the aretaic turn. The article ends with speculation about the possibility of a path to the restoration of judicial virtue. (shrink)

Alexander Raven Thomson was a British fascist philosopher, active from 1932 to 1955. I outline Thomson’s Spenglerian views on civilization and decline. I argue that Thomson in his first book is an orthodox Spenglerian who accepts that decline is inevitable and thinks that it is morally required to destroy civilization in its final stages. I argue that this suffers from conceptual issues which may have caused Thomson’s change to a revised form of Spenglerianism, which is more authentically fascist. This (...) authentically fascist view is then seen to fall prey into the problem inherent in the very idea of permanent rebirth. (shrink)