Anthony Ellis attempts to offer a deterrence theory of punishment that overcomes a number of common criticisms of deterrence theories in general. While his discussion does suggest many interesting responses that proponents of deterrence theories might use, the theory he defends is problematic for several reasons.

Review of Caruso's Rejecting Retributivism by Thom Brooks.

This new second edition of Punishment includes a revised and expanded defence of the groundbreaking unified theory of punishment that brings together elements of retribution, deterrence and rehabilitation into a new coherent framework. Thom Brooks expands the chapter length case studies from capital punishment, juvenile offending, domestic violence and sex crimes to include new chapters on social media offences and corporate liability addressing some of today's most pressing issues in criminal justice.

Aristotle's modal syllogistic has been an object of study ever since the time of Theophrastus; but these studies have been somewhat desultory. Remarkably, in the 1990s several new lines of research have appeared, with series of original publications by Fred Johnson, Richard Patterson and Ulrich Nortmann. Johnson presented for the first time a formal semantics adequate to a de re reading of the apodeictic syllogistic; this was based on a simple intuition linking the modal syllogistic to Aristotelian metaphysics. Nortmann developed (...) an ingenious de dicto analysis. Patterson articulated the links between the modal syllogistic and the metaphysics, using an analysis which strictly speaking is neither de re nor de dicto. My own studies in this field date from 1976, when my colleague Peter Roeper and I jointly wrote a paper "Aristotle's apodeictic syllogisms" for the XXIInd History of Logic Conference in Krakow. This paper contained the disjunctive reading of particular affirmative apodeictic propositions, which I still favour. Nonetheless, I did not consider that paper's results decisive or comprehensive enough to publish, and my 1981 book The Syllogism contained no treatment of the modal syllogism. The paper's ideas lay dormant till 1989, when I read Johnson's and Patterson's initial articles. I began publishing on the topic in 1991. Gradually my thoughts acquired a certain comprehensiveness and systematicity, till in 1993 I was able to take a semester's sabbatical to write up a draft of this book. (shrink)

"Appointment Denied is the true story behind the Bertrand Russell/City College controversy, where academic freedom, religious fervor, and political expediency combined to form a volatile mixture that posed a palpable threat to higher education in America."--BOOK JACKET.

This book recounts the remarkable history of efforts by significant medieval thinkers to accommodate the ontology of the Trinity within the framework of Aristotelian logic and ontology. These efforts were remarkable because they pushed creatively beyond the boundaries of existing thought while trying to strike a balance between the Church's traditional teachings and theoretical rigor in a context of institutional politics. In some cases, good theology, good philosophy, and good politics turned out to be three different things. The principal thinkers (...) discussed are Augustine, Boethius, Abélard, Gilbert of Poitiers, Bonaventure, Aquinas, Scotus, and Ockham. The aspects of Trinitarian doctrine dealt with are primarily internal ontological questions about the Trinity. The approach draws on history of theology and philosophy, as well as on the modern formal disciplines of set-theoretic semantics and formal ontology. Augustine inaugurated the project of constructing models of the Trinity in language drawn from Platonic and Aristotelian philosophy, especially the conceptual framework of Aristotle's Categories. He used the Aristotelian notions of substance and relation to set up a model whose aim was not so much to demystify the Trinity as to demonstrate the logical consistency of maintaining that there is one and only one God at the same time as maintaining that there are three distinct persons, each of whom is God. Standing against this tradition are various heretical accounts of the Trinity. The book also analyzes these traditions, using the same techniques. All these accounts of the Trinity are evaluated relative to the three constraints under which they were formed, bearing in mind that the constraints on philosophical theorizing are not limited to internal consistency but also take note of explanatory power. Besides analyzing and evaluating individual accounts of the Trinity, the book provides a novel framework within which different theories can be compared. (shrink)

This manuscript reports on a landmark symposium on the ethical, legal and technical challenges of xenotransplantation in the UK. King’s College London, with endorsement from the British Transplantation Society (BTS), and the European Society of Organ Transplantation (ESOT), brought together a group of experts in xenotransplantation science, ethics and law to discuss the ethical, regulatory and technical challenges surrounding translating xenotransplantation into the clinical setting. The symposium was the first of its kind in the UK for 20 years. This paper (...) summarises the content of the expert lectures showcasing the progress which has been made in xenotransplantation including—the history of xenotransplantation, advances in gene edited animals and progress towards clinical xenotransplantation. We then set out the ethical and legal issues still to be resolved. Finally, we report the themes of the roundtable discussion highlighting areas of consensus and controversy. While the detail of the legal discussion was directed towards the UK, the principles and summary reported here are intended to be applicable to any jurisdiction seeking to implement clinical xenotransplantation. (shrink)

Widely hailed as one of the most significant works in modern political philosophy, John Rawls's _Political Liberalism_ defended a powerful vision of society that respects reasonable ways of life, both religious and secular. These core values have never been more critical as anxiety grows over political and religious difference and new restrictions are placed on peaceful protest and individual expression. This anthology of original essays suggests new, groundbreaking applications of Rawls's work in multiple disciplines and contexts. Thom Brooks, Martha (...) Nussbaum, Onora O'Neill, Paul Weithman, Jeremy Waldron, and Frank Michelman explore political liberalism's relevance to the challenges of multiculturalism, the relationship between the state and religion, the struggle for political legitimacy, and the capabilities approach. Extending Rawls's progressive thought to the fields of law, economics, and public reason, this book helps advance the project of a free society that thrives despite disagreements over religious and moral views. (shrink)

Simple heuristics that make us smart presents a valuable and valid interpretation of how we make fast decisions particularly in situations of ignorance and uncertainty. What is missing is how this intersects with thinking under even greater uncertainty or ignorance, such as novice problem solving, and with the development of expert cognition.

Thom Brooks reviews two books by Theodor Adorno.

Preface to Brooks and Nussbaum's edited Rawls's Political Liberalism.

Deryck Beyleveld has forged a theory of ethical rationalism that has made an important impact on legal and moral philosophy—that this collection of essays makes clear. He has not only refined and improved the original account developed by Alan Gewirth, but provides us with ethical rationalism’s most prolific defender today. One area of particular insight is Beyleveld’s many applications of ethical rationalism to practice and, most especially, to medical law and ethics which has been especially influential. This work has set (...) the bar for all proponents and critics alike. -/- We focus narrowly on a specific concern that we have with ethical rationalism: its primacy of rationality over other characteristics, such as our emotions. This is not to deny the importance of reason in our thinking about law and ethical concerns. But we have concerns with any view that holds that reason is the only key to how any tensions should be resolved. Such a position claims for reason a privileged status it does not have or merit. One problem for us is that, in our view, ethical rationalism does not appear to adequately consider the importance of emotions and so it does not provide a satisfactory account of law and morality as a result. We examine this concern in the first part of our chapter. -/- This chapter’s second part raises concerns with the application of ethical rationalism as a model for understanding sexual offences. We highlight both the need to foreground emotion in order to understand the current law, as well as the dangers from a normative perspective of appearing to marginalise the role of emotion in sexual offences. Not only would a prioritisation of rationality fail to reflect the role emotion can play in current rape law, but we would argue, is particularly problematic in this area of law in terms of promoting justice. In summary, Beyleveld’s ethical rationalism exercises an important impact on legal theory and legal practices. Nonetheless, we raise some reservations about its connection to these impacts that lead us to support revisions to this approach. (shrink)

Paul Thom argues that opera is a set of practices framed by the concepts of work, interpretation, performance, and art. His argument is that operatic works have the potential to be art, but so do operatic productions, independently of their value as interpretations of the works they stage.

This book explores noteworthy approaches to modal syllogistic adopted by medieval logicians including Abélard, Albert the Great, Avicenna, Averröes, Jean Buridan, Richard Campsall, Robert Kilwardby, and William of Ockham. The book situates these approaches in relation to Aristotle's discussion in the Prior and Posterior Analytics, and other parts of the Organon, but also in relation to the thought of Alexander of Aphrodisias and Boethius on the one hand, and to modern interpretations of the modal syllogistic on the other. Problems explored (...) include: Aristotle's doctrine of modal conversion, the pure and mixed necessity-moods, modal ecthesis, the pure and mixed contingency-moods, and Aristotle's use of counter-examples. Medieval logicians brought various concepts to bear on these problems, including the distinction between per se and per accidens terms, the notion of essential predication, the distinction between ut nunc and simpliciter propositions, the distinction between de dicto and de re modals, and the notion of ampliation. All these are examined in this book. (shrink)

Review of Benjamin Yost's Against Capital Punishment by Thom Brooks.

Climate change confronts us with our most pressing challenges today. The global consensus is clear that human activity is mostly to blame for its harmful effects, but there is disagreement about what should be done. While no shortage of proposals from ecological footprints and the polluter pays principle to adaptation technology and economic reforms, each offers a solution – but is climate change a problem we can solve? In this provocative new book, these popular proposals for ending or overcoming the (...) threat of climate change are shown to offer no easy escape and each rest on an important mistake. Thom Brooks argues that a future environmental catastrophe is an event we can only delay or endure, but not avoid. This raises new ethical questions about how we should think about climate change. How should we reconceive sustainability without a status quo? Why is action more urgent and necessary than previously thought? What can we do to motivate and inspire hope? Many have misunderstood the kind of problem that climate change presents – as well as the daunting challenges we must face and overcome. Climate Change Ethics for an Endangered World is a critical guide on how we can better understand the fragile world around us before it is too late. This innovative book will be of great interest to students and scholars of climate change, climate justice, environmental policy and environmental ethics. "This book offers a rare combination of tough-mindedness, analytic rigor, and passion as it tackles the greatest challenge of our time―climate change. For Brooks, it’s past time to acknowledge that climate change cannot be solved though the careful selection of good polices. Climate change is an unavoidable tragedy that we must endure but may be able to survive. Offering a program that emphasizes flexibility and adaptation, Brooks brings original insights to a debate that too long has been bogged down in wishful thinking and empty scholasticism." Professor Eric Posner, Kirkland & Ellis Distinguished Service Professor of Law at the University of Chicago's Law School. (shrink)

This is an examination of the criteria for identifying, evaluating, and appreciating art forms that require performance for their full realization. Unlike his contemporaries, Paul Thom concentrates on an analytical approach to evaluating music, drama, and dance. Separating performance art into its various elements enables Thom to study its nature and determine essential features and their relationships. Throughout the book, he debates traditional thought in numerous areas of the performing arts. He argues, for example, against the invisibility of (...) the performer - "the vehicle of representation in performance" - then critiques Diderot's Paradox of Performance, calling it "the most extreme formulation of the traditional valorization," and declaring that such thinking must be abandoned. Developing several lines of reasoning regarding music, Thom considers questions of incompleteness and authenticity in relation to the score, the score's function, and the sense in which musical performances are interpreted, or are open to interpretation. It is this audience interpretation that is the final ingredient in the blending and interrelating of the performers, the performance, and the audience. Thom discusses the impact of music, drama, and dance performances on audiences, and evaluates their expectations, reception, and interpretations. He contends that audiences play an active role as interpreters, without becoming performers themselves. Author note: Paul Thom is head of the Philosophy Department, The Faculties, Australian National University. (shrink)

The future of philosophy is moving towards “global philosophy.” The idea of global philosophy is the view that different philosophical approaches may engage more substantially with each other to solve philosophical problems. Most solutions attempt to use only those available resources located within one philosophical tradition. A more promising approach might be to expand the range of available resources to better assist our ability to offer more compelling solutions. This search for new horizons in order to improve our clarity about (...) philosophical issues is at the heart of global philosophy. The idea of global philosophy encourages us to look beyond our traditions to improve our philosophical problem-solving by our own lights. Global philosophy is a new approach whose time is coming. This essay offers the first account of this approach and an assessment of its future promise. (shrink)

Global justice is an exciting area of refreshing, innovative new ideas for a changing world facing significant challenges. Not only does work in this area often force us to rethink about ethics and political philosophy more generally, but its insights contain seeds of hope for addressing some of the greatest global problems facing humanity today. The Oxford Handbook of Global Justice has been selective in bringing together some of the most pressing topics and issues in global justice as understood by (...) the leading voices from both established and rising stars across twenty-five new chapters. This Handbook explores severe poverty, climate change, egalitarianism, global citizenship, human rights, immigration, territorial rights, and much more. (shrink)

Punishment is a topic of increasing importance for citizens and policy makers. Why should we punish criminals? Which theory of punishment is most compelling? Is the death penalty ever justified? These questions and many others are addressed in this highly engaging guide. Punishment is a critical introduction to the philosophy of punishment offering a new and refreshing approach that will benefit readers of all backgrounds and interests. This is the first critical guide to examine all leading contemporary theories of punishment, (...) including the communicative theory of punishment, restorative justice, and the unified theory of punishment. There are also several case studies examined in detail including capital punishment, juvenile offending, and domestic abuse. -/- Punishment highlights the problems and prospects of different approaches in order to argue for a more pluralistic and compelling perspective that is novel and groundbreaking. -/- Introduction; Retributivism; Deterrence; Rehabilitation; Restorative Justice; Rawls, Hart, and "mixed" theories; Expressivism; The Unified Theory; Capital Punishment; Juvenile Offending; Domestic Abuse; Sexual Crimes; Conclusion; Index. (shrink)

How should we determine which nations have a responsibility to remedy suffering elsewhere? The problem is pressing because, following David Miller, ‘[it] is morally intolerable if (remediable) suffering and deprivation are allowed to continue . . . where they exist we are morally bound to hold somebody (some person or collective agent) responsible for relieving them’. Miller offers a connection theory of remedial responsibilities in response to this problem, a theory he has been developing over the last decade. This theory (...) is meant to serve as a guide on how we can best determine which nations are remedially responsible for alleviating suffering and deprivation elsewhere. Miller’s theory entails our following a procedure in order to determine remedial responsibility for nations. The problem is that there is an important flaw in this procedure, a flaw that previous critiques have overlooked. This essay will explain this flaw and how Miller’s theory might be reformulated into a two-tiered procedure that would take better account of this problem. Keywords: Global justice; nationalism; Miller; identity; distributive justice; severe poverty (Published: 16 September 2011) Citation: Ethics & Global Politics, Vol. 4 , No. 3, 2011, pp. 195-202. DOI: 10.3402/egp.v4i3.7140. (shrink)

The punishment of criminals is a topic of long-standing philosophical interest since the ancient Greeks. This interest has focused on several considerations, including the justification of punishment, who should be permitted to punish, and how we might best set punishments for crimes. This entry focuses on the most important contributions in this field. The focus will be on specific theoretical approaches to punishment including both traditional theories of punishment (retributivism, deterrence, rehabilitation) and more contemporary alternatives (expressivism, restorative justice, hybrid theories, (...) unified theories) with an additional section on capital punishment, perhaps the particular form of punishment that has received the most sustained philosophical attention. These theories of punishment address two important questions: first, who should be permitted to punish and, secondly, who should be permitted to be punished. These questions then concern the justification of punishment and its distribution. While the majority today often identifies their theories as retributivist, there is a great diversity of theories defended. This entry will highlight the leading work for each view. (shrink)

The last 30 years has seen the emergence of a self-styled ‘evolutionary’ paradigm within psychology (henceforth, EP). EP is often presented and critiqued as a distinctive, contentious paradigm, to be contrasted with other accounts of human psychology. However, little attention has been paid to the sense in which those other accounts are not also evolutionary. We outline the core commitments of canonical EP. These are, from least distinctive to most: mechanism, interactionism, functionalism, adaptationism, and functional specialization. We argue that the (...) minimal requirement for an approach to psychology to qualify as evolutionary in an important sense is functionalism. This is because the notion of functional design in organismal structures presupposes a history of evolution by natural selection. On this criterion, we argue, most, perhaps all of psychology qualifies as evolutionary, either implicitly or explicitly. We review several approaches that are typically contrasted with EP, showing that these are all evolutionary too by our criteria. We suggest that the EP/non-EP dichotomy be retired. However, though all psychology is evolutionary, psychologists do not always need to foreground evolution in their research, just as is true for biologists. At the same time, more space for evolution does not mean any less space for environment, context, culture, meaning or agency. (shrink)

Polygamy is a hotly contested practice and open to widespread misunderstandings. This practice is defined as a relationship between either one husband and multiple wives or one wife and multiple husbands. Today, “polygamy” almost exclusively takes the form of one husband with multiple wives. In this article, my focus will center on limited defenses of polygamy offered recently by Chesire Calhoun and Martha Nussbaum. I will argue that these defenses are unconvincing. The problem with polygamy is primarily that it is (...) a structurally inegalitarian practice in both theory and fact. Polygamy should be opposed for this reason. (shrink)

The most widespread interpretation amongst contemporary theorists of Kant's theory of punishment is that it is retributivist. On the contrary, I will argue there are very different senses in which Kant discusses punishment. He endorses retribution for moral law transgressions and consequentialist considerations for positive law violations. When these standpoints are taken into consideration, Kant's theory of punishment is more coherent and unified than previously thought. This reading uncovers a new problem in Kant's theory of punishment. By assuming a potential (...) offender's intentional disposition as Kant does without knowing it for certain, we further exacerbate the opportunity for misdiagnosis. (shrink)

This article argues political liberalism can and should be revised to improve its relevance to the private law. This approach is not a rejection of political liberalism, but instead a restatement consistent with the fundamental tenets of Rawls’s theory of justice. The first part begins with a brief summary of Rawls’s political liberalism. The second part discusses the strategies used to demonstrate the relevance of Rawls’s theory to the private law. The third part examines how Rawls’s theory can and should (...) be revised by incorporating capabilities. I argue this revision can be undertaken in a way that best develops the relevance of political liberalism. (shrink)

Exploring the use of nudges and informed consent in medical ethics.

Hegel’s project of reconciliation is central to his Philosophy of Right. This article argues that scholars have understood this project in one of two ways, as a form of rational reconciliation or a kind of endorsement. Each is incomplete and their inability to capture the kind of reconciliation Hegel has in mind is made apparent when we consider the kind of problem that the rabble creates for modern society, which reconciliation is meant to address. The article concludes that more than (...) mutual recognition is required and we should recognise the crucial role played by stakeholding, whereby citizens share a principled conviction about oneself and others. (shrink)

Paul Thom's book presents Kilwardby's science of logic as a body of demonstrative knowledge about inferences and their validity, about the semantics of non-modal and modal propositions, and about the logic of genus and species. This science is thoroughly intensional. It grounds the logic of inference on "that in virtue of which" the inference holds. It bases the truth conditions of propositions on relations between conceptual entities. It explains the logic of genus and species through the notion of essence. (...) Thom interprets this science as a formal logic of intensions with its own proof theory and semantics. This comprehensive reconstruction of Kilwardby's logic shows the medieval master to be one of the most interesting logicians of the thirteenth century. (shrink)