Source: Author: Eldar Sultanow, Sean Cox, Sebastian Homann, Philipp Koch, Olliver Franke Mass media initiated exhibitions of information and knowledge streams account for a significant factor of opinion-forming in modern digitalized nations and thus influence their country's political development. Within the framework of a globalized environment, this information has the ability to shape worldwide opinion and international policy decisions across geographical boundaries. Similarly, however, information and knowledge that does not flow freely has an impact on the behind the scenes (...) decisions of world affairs. Selective manipulation, consumed through hidden channels, is therefore a powerful tool for shaping both social and organizational environments. Currently no classification approaches exist in order to identify and evaluate this type of manipulation. Therefore, this article will discuss this type of manipulative communication and align each category into an assessment model. Forty-two varieties of manipulative arguments will be identified as well as classified along three-dimensions. A model has been developed which will serve as a tool to identify the degree and at which level manipulation was performed. ]]>. (shrink)

In this paper, I offer a conceptual framework for understanding and evaluating personal identity claims. I analyze ontological and political properties of personal identity separately, arguing that their conceptual (if not practical) separation is necessary for a proper evaluation of different identity claims. I use probability theory to bypass some of the logical difficulties in conceptualizing personal identity and discuss a case of transitional identification. Finally, I outline the guidelines for a justified liberal policy of recognition.

The paper addresses arguments in the recent philosophical and bioethical literature claiming that social and cultural benefits can justify non-therapeutic male infant circumcision. It rejects these claims by referring to the open future argument, according to which infant circumcision is morally unjustifiable because it violates the child’s right to an open future. The paper also addresses an important objection to the open future argument and examines the strength of the objection to refute the application of the argument to the circumcision (...) case. (shrink)

This article argues that bullshit is not an offense against truth but against reason. It maintains that bullshit occurs when speakers intentionally assert vague premises to make listeners accept their conclusions. This redefinition, I suggest, has consequences on the moral appraisal of bullshit.

The development of predictive brain implant (PBI) technology that is able to forecast specific neuronal events and advise and/or automatically administer appropriate therapy for diseases of the brain raises a number of ethical issues. Provided that this technology satisfies basic safety and functionality conditions, one of the most pressing questions to address is its relation to the autonomy of patients. As Frederic Gilbert in his article asks, if autonomy implies a certain idea of freedom, or self-government, how can an individual (...) be considered to decide freely if the implanted device stands at the inception of the causal chain producing his decisions? He claims that PBIs threaten persons’ autonomy by diminishing their post-operative experience of self-control. In this commentary, I wish to discuss this claim. Contrary to Gilbert, I will suggest that PBIs do not pose a significant threat to patient’s autonomy, as self-control, but rather to his/her sense of authenticity. My claim is that the language of authenticity, already introduced in the recent bioethical literature, may offer a better way to voice some of the concerns with PBIs that Gilbert recognized. (shrink)

Should we congratulate runners who participate and finish a marathon without winning it? Although it might seem that all who muster the will to do so deserve praise, this article questions whether self-regarding virtues, such as running a marathon, deserve it.

The paper tries to examine the effects of economic crisis on philosophical considerations of distributive justice. It tackles the problem of a radical increase in scarcity as a condition of justice. Instead of assuming a relatively fixed (“moderate”) level of scarcity as a background against which justice in distribution obtains, the paper examines what happens when this level risks falling below and how does that change our views of distributive justice. It takes upon the recent events in the United States (...) to construe a specific philosophical model and ask how crisis distribution, where that favors wealthier actors, can be justified. By analyzing the crisis distribution principle, it ultimately aims to suggest that moderate scarcity should not be seen as a mere condition, but an important and vital object of justice. As such it falls within, not beyond legitimate obligations of democratic governance. (shrink)

National and international criminal law systems are continually seeking doctrinal and theoretical frameworks to help them impose individual liability on collective perpetrators of crime. The two systems move in parallel and draw on each other. Historically, it has been mostly international criminal law that leaned on domestic legal systems for its collective modes of liability. Currently, however, it is the emerging jurisprudence of the International Criminal Court that is at the forefront of innovation, with the doctrine of indirect co-perpetration taking (...) the lead in international prosecutions. The article assesses the potential contribution as well as the limits of this compound doctrine to domestic criminal law jurisprudence, particularly with regard to small-group criminality. Four modes of indirect co-perpetration are discussed, namely shared control, concerted control, controlling board, and flawed triangle perpetration. A doctrine of indirect co-perpetration would enable liability in these modes of perpetration, perhaps with the exception of the latter, which marks the limits of its applicability. (shrink)

In this paper, I question the view that liberal perfectionism and neutrality are mutually exclusive doctrines. I do so by criticizing two claims made by Jonathan Quong. First, I object to his claim that comprehensive anti-perfectionism is incoherent. Second, I criticize his claim that liberal perfectionism cannot avoid a paternalist stance. I argue that Quong’s substantive assumptions about personal autonomy undermine both of his arguments. I use the discussion of Quong to argue that the standard assumption in liberal theory about (...) mutual exclusivity of liberal perfectionism and neutrality needs to be reconsidered, and I show why the argument about the convergence of perfectionism and neutrality makes conceptual sense. (shrink)

When I was a child, my parents had me circumcised. I was too young to have any recollection of it, but their intervention in my body is now a permanent part of my identity. They did it for cultural reasons: we come from a Muslim tradition, in which infant circumcision is one of the most important identity markers. This identity was etched in my body even before I was able to speak.Infant circumcision is one of the many ways parents shape (...) their children's bodies for cultural reasons. Parental interventions range from less invasive, such as haircuts and ear piercing, to more invasive and permanent, such as surgeries to reshape some parts of the child's body, like the nose, eyelids, or genitals.The current moral... (shrink)

Journal of Philosophy of Education, EarlyView.

This paper critically examines Alan Patten’s theory of neutrality of treatment. It argues that the theory assumes an inadequate conception of personal autonomy that undermines its plausibility. Because of this assumption the theory is unable to account for various configurations of power that work against personal autonomy. However, I suggest that the theory can resolve the problem by developing and reinterpreting its conception of autonomy and introducing an additional strategy for addressing the power misbalances that result from the market-based interactions (...) between individuals and their conceptions of the good. (shrink)

This article examines the issue of justification of government's intervention in the parental acts of child naming, a neglected topic in the recent philosophical literature. It questions the ability of some of the current theories in family ethics to respond to this problem, and argues that both permissive and restrictive theories fail to provide a plausible argument about the proper limits of government regulation of child naming practices. The article outlines an alternative solution that focuses on the child's right to (...) authenticity and suggests that only those names that infringe upon this right invite justified state intervention. (shrink)

The intuition holding that an organized crime leader should be punished more severely than a subordinate who directly commits an offence is commonly reflected in legal literature. However, positing a direct relationship between the severity of punishment and the level of seniority within an organizational hierarchy represents a departure from a more general idea found in much of the substantive criminal law writings: that the severity of punishment increases the closer the proximity to the physical commission of the offence. This (...) paper presents an analysis of the said intuition and attempts to ascertain its roots. Rejecting both retribution and deterrence theory as valid explanations, it will be inferred that the imposition of harsher punishment on organized crime leaders is properly based on the multiplicity of offences for which they are responsible, and not the nature of their involvement in any specific offence. (shrink)

The cheater-detection (CD) hypothesis suggests that people who otherwise perform poorly on the Wason selection task perform well when the task is couched in cheater-detection contexts. We report three studies with new selection problems that are similar to the originals but that question the CD hypothesis. The first two studies document a pattern heretofore attributed to CD mechanisms, namely good performance with “regular” rules and inferior performance with “switched” rules, all in problems that lack a cheater-detection context. The final study (...) finds an interaction: not only is good performance elicited on non-CD problems, but poor performance is found in the context of CD problems. Performance on the selection task cannot be predicted based on the presence or absence of cheater-detection contexts, which brings into question the need to invoke a specialised cheater-detection module. (shrink)

Courts and commentators do not differentiate between defendants who perpetrate crimes by means of inanimate weapons or trained animals and those who perpetrate crimes by means of other human beings used as innocent agents. I argue that this widely accepted comparability is grossly insensitive to the violation of the human dignity of the person whom the perpetrator has turned into an instrument to an offence. Identifying the innocent agent as a possible second victim of the offence alongside the intended victim (...) raises several issues of both morality and law. First, the question of moral pertinence: do the scenarios that the law recognises as cases of innocent agency involve a violation of the dignity of the innocent agent? Second, the question of criminalisation: is it appropriate to invoke criminal law to protect the dignity of the innocent agent? Third, the question of the protected interest: assuming that both the dignity of the innocent agent and their autonomy are compromised, which of these violations is graver? I argue that there is a strong connection between the doctrine of innocent agency and the violation of the dignity of the innocent agent; that the violation of the innocent agent’s dignity is severe enough to warrant criminalisation and that this is simple enough to enforce; and that the injury to the innocent agent’s dignity is more significant than the injury to their autonomy. The operative proposal of this article is that the law should recognise perpetration by means of innocent agents as an aggravated mode of commission or an aggravating factor in punishment. (shrink)

Despite the fundamentally binary character of justification , an upsurge in recent Anglo-American scholarship offers some highly sophisticated and widely diverging conceptions of in criminal law. In the present article we identify eight distinct conceptions of partial justification. We find, however, that each of them is predicated on a different conceptual fallacy. Any sound concept of partial justification in criminal law ought to meet the dual challenge of utility and consistency: it should usefully convey a message that advances the conduct-guiding (...) function of criminal law and retain some consistency with the key attributes of complete justification, particularly its allowing function and the implications of its typically universal nature. We maintain that none of the conceptions offered to date meets this challenge. The different meanings attached to partial justification do not further the guiding function of criminal law beyond what is achieved by the scalar concept of wrongfulness; indeed, they undermine the guiding utility of criminal law by obscuring the distinction between the permissible and the impermissible, thereby also diminishing the expressivity of the criminal conviction. Furthermore, extending partial universality to the proposed notions of partial justification implausibly marks retaliating victims and intervening third parties, who react to allegedly partially justified conduct, as partly blameworthy, whereas present legal doctrine rightly affords them a full defense. (shrink)

Common law treats cases of misfire in which the actor has a valid defence in relation to either the intended victim or the victim actually harmed as particular instances of ‘transferred malice’. It is said that just as the actor’s intention is fictitiously ‘transferred’ from the intended victim to the victim harmed so are defences, meaning that any—and only—defences that would have been available to the actor had he harmed the intended victim will be granted to him with regard to (...) the harm caused to the actual victim. I argue that the blanket solution of transferring defences ‘as is’, without accounting for their differing rationales and their specific implications for cases of misfire, produces bad reasoning and oversimplified decisions—and should therefore be substituted by a separate examination of the actor’s liability with respect to each victim and each type of defence. However, I reject the more robust argument that commentators have made, that a conclusion against transferring defences entails a conclusion against transferred malice in general. I argue that the underlying logic of transferred malice—i.e., treating victims of equivalent wrongs alike—stays intact even if we excise from it the treatment of cross-victim defences. (shrink)

In the recently published collection, Criminal Law and the Authority of the State, two contributions allude to an analogy with parental authority as a means to a better understanding of the institution of criminal punishment, but reach different conclusions. Malcolm Thorburn uses the parental authority analogy to justify the institution of state punishment as an assertion of robust authority over offenders. Antje du Bois-Pedain uses the same analogy to advocate the idea of punishment as an inclusionary practice, designed to reintegrate (...) offenders into society. I argue that Thorburn’s theory of robust authority is inconsistent if not self-contradictory when it tries to assume a liberal posture, and that du Bois-Pedain’s reintegrative model provides a better account of the justification and objectives of state punishment. (shrink)

Criminal law doctrine fails to provide an adequate solution for imputing responsibility to organized crime leaders for the offenses committed by their subordinates. This undesirable state of affairs is made possible because criminal organizations adopt complex organizational structures that leave their superiors beyond the reach of the law. These structures are characterized by features such as the isolation of the leadership from junior ranks, decentralized management, and mechanisms encouraging initiative from below. They are found in criminal organizations such as the (...) American Mafia, the Japanese Yakuza, and even outlaw motorcycle gangs. The paper offers a doctrine that may transcend this shortcoming. Referred to as “leaders’ liability,” this doctrine will be assessed and appraised through a comparison with competing theories such as accomplice liability, Organisationsherrschaft , and conspiracy. (shrink)

The article explores two recurring themes in the scholarly writings on ‘transferred malice’ the doctrine designed by Anglo-American law to allow full criminal responsibility where the defendant caused harm to a different object than the one he had in mind, due to either accident or mistake. First, in face of the diversity of views advocating the eradication of transferred malice, the article searches for the provinces in which that doctrine should still have relevance to our legal system. It is often (...) assumed that malice cannot transfer amongst different offences, which has led many scholars to conclude that the doctrine is superfluous. The analysis here offered counters both assumption and conclusion alike, as well as the common view that differentiates between the implications of accident and mistake. Second, reflecting on the different criteria proposed to restrict the implementation of transferred malice such as physical and immediate harm to the actual object, remoteness of the actual harm from the harm intended, and foreseeability as to the actual harm the article provides an analytical framework by which to assess these criteria and to determine which of them proves more persuasive. The result is a notion of transferred malice that strikes a favourable balance with the requirement of mens rea. (shrink)

Despite the fundamentally binary character of justification, an upsurge in recent Anglo-American scholarship offers some highly sophisticated and widely diverging conceptions of “partial justification” in criminal law. In the present article we identify eight distinct conceptions of partial justification. We find, however, that each of them is predicated on a different conceptual fallacy. Any sound concept of partial justification in criminal law ought to meet the dual challenge of utility and consistency: it should usefully convey a message that advances the (...) conduct-guiding function of criminal law and retain some consistency with the key attributes of complete justification, particularly its allowing function and the implications of its typically universal nature. We maintain that none of the conceptions offered to date meets this challenge. The different meanings attached to partial justification do not further the guiding function of criminal law beyond what is achieved by the scalar concept of wrongfulness; indeed, they undermine the guiding utility of criminal law by obscuring the distinction between the permissible and the impermissible, thereby also diminishing the expressivity of the criminal conviction. Furthermore, extending partial universality to the proposed notions of partial justification implausibly marks retaliating victims and intervening third parties, who react to allegedly partially justified conduct, as partly blameworthy, whereas present legal doctrine rightly affords them a full defense. (shrink)

It is commonly believed that Edmund Husserl (1859-1938), well known as the founder of phenomenology and as the teacher of Heidegger, was unable to free himself from the framework of a classical metaphysics of subjectivity. Supposedly, he never abandoned the view that the world and the Other are constituted by a pure transcendental subject, and his thinking in consequence remains Cartesian, idealistic, and solipsistic. The continuing publication of Husserl’s manuscripts has made it necessary to revise such an interpretation. Drawing upon (...) both Husserl’s published works and posthumous material, Husserl’s Phenomenology incorporates the results of the most recent Husserl research. It is divided into three parts, roughly following the chronological development of Husserl’s thought, from his early analyses of logic and intentionality, through his mature transcendental-philosophical analyses of reduction and constitution, to his late analyses of intersubjectivity and lifeworld. It can consequently serve as a concise and updated introduction to his thinking. (shrink)

In this entry, I tackle the phenomenon known as "faultless disagreement", considered by many authors to pose a challenge to the main views on the semantics of subjective expressions. I first present the phenomenon and the challenge, then review the main answers given by contextualist, absolutist and relativist approaches to the expressions in question. I end with signaling two issues that might shape future discussions about the role played by faultless disagreement in semantics.

ABSTRACT In this paper, I present data involving the use of the Romanian slur ‘țigan’, consideration of which leads to the postulation of a sui-generis, irreducible type of use of slurs. This type of use is potentially problematic for extant theories of slurs. In addition, together with other well-established uses, it shows that there is more variation in the use of slurs than previously acknowledged. I explain this variation by construing slurs as polysemous. To implement this idea, I appeal to (...) a rich-lexicon account of polysemy. I show how such a theory can be applied to slurs and discuss several important issues that arise. (shrink)

In this chapter, we focus on the debate over publicly maintained racist monuments as it manifests in the mid-2010s Anglosphere, primarily in the United States and South Africa. After pointing to some representative examples of racist monuments, we discuss ways a monument can be thought racist and neutrally categorize removalist and preservationist arguments heard in the monument debate. We suggest that both extremist and moderate removalist goals are likely to be self-defeating and that when concerns of civic sustainability are put (...) on moral par with those of fairness and justice, something like a Mandela-era preservationist policy is best: one which removes the most offensive of the minor racist monuments, but which focuses on closing the monumentary gap between peoples and reframing existing racist monuments. (shrink)

Using the concept of social denial, this article puts the American Psychological Association's (APA’s) pattern of willful blindness, identified by independent reviewer David Hoffman, in historical context by examining the contributions of Cold War social scientists to the CIA's KUBARK torture manual, and discusses the implications of this history for the reform of the APA's ethics policies. David Hoffman found that the leadership of the APA colluded with Department of Defense (DoD) to ensure that the APA's ethical policies were no (...) stronger than those issued by the DoD. While the independent reviewer did not find evidence of collaboration between the CIA and the APA, this was not due to a lack of effort on the part of the APA, which was anxious to establish good relations and so promote the use of psychology in the national security arena. While Hoffman did not find that the APA knew that its collaborations would facilitate the development of abusive interrogation techniques, it showed a marked, motivated lack of interest in whether or not the DoD or CIA was abusing prisoners. The APA maintained its strategic ignorance even while engaging in a public relations campaign designed to give the impression that it was deeply concerned about multiple reports of psychologist involvement in a system of torture. This willful ignorance was not unprecedented and follows a predictable pattern of knowing and not-knowing to which all psychologists should attend. (shrink)

Premodern Buddhists are sometimes characterized as veritable "mind scientists" whose insights anticipate modern research on the brain and mind. Aiming to complicate this story, Dan Arnold confronts a significant obstacle to popular attempts at harmonizing classical Buddhist and modern scientific thought: since most Indian Buddhists held that the mental continuum is uninterrupted by death, they would have no truck with the idea that everything about the mental can be explained in terms of brain events. Nevertheless, a predominant stream of Indian (...) Buddhist thought, associated with the seventh-century thinker Dharmakirti, turns out to be vulnerable to arguments modern philosophers have leveled against physicalism. By characterizing the philosophical problems commonly faced by Dharmakirti and contemporary philosophers such as Jerry Fodor and Daniel Dennett, Arnold seeks to advance an understanding of both first-millennium Indian arguments and contemporary debates on the philosophy of mind. The issues center on what modern philosophers have called _intentionality_--the fact that the mind can be about other things. Tracing an account of intentionality through Kant, Wilfrid Sellars, and John McDowell, Arnold argues that intentionality cannot, in principle, be explained in causal terms. Elaborating some of Dharmakirti's central commitments, Arnold shows that despite his concern to refute physicalism, Dharmakirti's causal explanations of the mental mean that modern arguments from intentionality cut as much against his project as they do against physicalist philosophies of mind. This is evident in the arguments of some of Dharmakirti's contemporaneous Indian critics, whose critiques exemplify the same logic as modern arguments from intentionality. Elaborating these various strands of thought, Arnold shows that seemingly arcane arguments among first-millennium Indian thinkers can illuminate matters still very much at the heart of contemporary philosophy. (shrink)

In _Buddhists, Brahmins, and Belief_, Dan Arnold examines how the Brahmanical tradition of Purva Mimamsa and the writings of the seventh-century Buddhist Madhyamika philosopher Candrakirti challenged dominant Indian Buddhist views of epistemology. Arnold retrieves these two very different but equally important voices of philosophical dissent, showing them to have developed highly sophisticated and cogent critiques of influential Buddhist epistemologists such as Dignaga and Dharmakirti. His analysis--developed in conversation with modern Western philosophers like William Alston and J. L. Austin--offers an innovative (...) reinterpretation of the Indian philosophical tradition, while suggesting that pre-modern Indian thinkers have much to contribute to contemporary philosophical debates. In logically distinct ways, Purva Mimamsa and Candrakirti's Madhyamaka opposed the influential Buddhist school of thought that emphasized the foundational character of perception. Arnold argues that Mimamsaka arguments concerning the "intrinsic validity" of the earliest Vedic scriptures are best understood as a critique of the tradition of Buddhist philosophy stemming from Dignaga. Though often dismissed as antithetical to "real philosophy," Mimamsaka thought has affinities with the reformed epistemology that has recently influenced contemporary philosophy of religion. Candrakirti's arguments, in contrast, amount to a principled refusal of epistemology. Arnold contends that Candrakirti marshals against Buddhist foundationalism an approach that resembles twentieth-century ordinary language philosophy--and does so by employing what are finally best understood as transcendental arguments. The conclusion that Candrakirti's arguments thus support a metaphysical claim represents a bold new understanding of Madhyamaka. (shrink)

[Requested essay for George Washington Leadership Institute curriculum, Fred W. Smith National Library for the Study of George Washington, Mt. Vernon.] Honor is often equated with integrity, dignity, courage, and unimpeachable reputation. But what is the underlying essence of honor that explains those associations? This essay provides a framework for thinking about honor, and explores a theory of honor that understands it in terms of agonism---that is, as an ethic regulating our pursuit of prestige according to principles of fair and (...) respectful contest. We begin by distinguishing between honor-as-prestige and honor as an ethical system. We then canvass honor’s commitment to fair competition, noblesse oblige, integrity, independence, and martial valor. After forwarding the agonistic theory of honor, we conclude with some suggestions for leaders interested in fostering honor-mindedness in their organizations. (shrink)

[Updated 2/23/21: complete chapter scan] In this chapter I sketch a rightist approach to monumentary policy in a diverse polity beleaguered by old ethnic grievances. I begin by noting the importance of tribalism, memorialization, and social trust. I then suggest a policy which 1) gradually narrows the gap between peoples in the heritage landscape, 2) conserves all but the most offensive of the least beloved racist monuments, 3) avoids recrimination (i.e., “keeps it positive”) and eschews ideological commentary in new monuments (...) or revisions to old ones, 4) as much as politically feasible, recognizes only the offense of willing tribemates, and 5) responds to aesthetic and other “irrational” offenses more than to “objective” historical or philosophical critiques. (shrink)

If one comes to Phénoménologie de la perception after having read Sein und Zeit (or Prolegomena zur Geschichte des Zeitbegriffs) one will be in for a surprise. Both works contain a number of both implicit and explicit references to Husserl, but the presentation they give is so utterly different, that one might occasionally wonder whether they are referring to the same author. Thus nobody can overlook that Merleau-Ponty’s interpretation of Husserl differs significantly from Heidegger’s. It is far more charitable. In (...) fact, when evaluating the merits of respectively Husserl and Heidegger, Merleau-Ponty often goes very much against the standard view. This is not only the case in his notorious remark on the very first page of Phénoménologie de la Perception where he declares that the whole of Sein und Zeit is nothing but an explication of Husserl’s notion of Lifeworld, but also - to give just one further example - in one of his Sorbonne-lectures, where Merleau-Ponty writes that Husserl took the issue of historicity far more seriously than Heidegger. (shrink)