Persons who are dangerous and legally responsible, but who have not yet committed any currently recognised criminal offence, fall within the gap left between the domains of criminal justice and civil commitment. Many jurisdictions operate legal regimes that permit the detention of such persons in order to prevent the occurrence of anticipated criminal harms. These regimes often either fail to respect the principle of proportionality or contradictorily treat a dangerous offender as both legally responsible and not responsible at the same (...) time. In response to these problems, a number of preventive detention models have been proposed. Retributivist models seek to prevent the occurrence of anticipated criminal harms by requiring blame on the dangerous person’s part in order to warrant detention. However, these models are ill-equipped to deal with the problem of coextensiveness; i.e., they struggle to comprehensively reconcile proportionality in punitive sentencing with the period over which dangerous persons remain dangerous and during which one might therefore want them to be incapacitated. In order to achieve comprehensive incapacitation of dangerous persons for the duration of their dangerousness, retributivist models are forced to abandon their fidelity to proportionality in punitive sentencing, thereby losing themselves in the process. Accordingly, if the practice of preventive detention can be justified at all, such justification will not be of a retributivist character. (shrink)

This paper is a contribution to the emerging field of comparative metaethics, which aims to analyse the metaethical views of philosophical traditions outside the Western mainstream. It argues that the metaethical views implicit in the mediaeval Chinese school of Tiantai Buddhism can be reconstructed in contemporary terms in order to develop two novel views. These views are moral dialetheism and moral trivialism. The taxonomy of contemporary metaethical views, in epistemic terms, is exhausted by either partial success, or complete error, theories. (...) They claim, respectively, either that some moral judgments are true (and some false) or that all moral judgments are false. There are also noncognitivist and nonfactualist views, claiming that all moral judgments are technically neither true nor false. In opposition to this moral truth gap, moral dialetheism and moral trivialism offer a moral truth glut. These views say, respectively, that some moral judgments and their negations are true and that all moral judgments and their negations are true. The upshot of this metaethical reconstruction of Tiantai Buddhism is that it allows us to complete the contemporary metaethical taxonomy, and to contribute to the therapeutic goal of finding ways to utilize metaethical reflection for the sake of release from the pathologies of morality. (shrink)

Fictionalism is the view that the claims of a target discourse are best seen as being fictional in some way, as being expressed in some pretense manner, or as not being about the traditional posits of the discourse. The contemporary taxonomy of fictionalist views is quite elaborate. Yet, there is a version of fictionalism that has failed to develop and which corresponds to the earliest form of the view found in the history of philosophy, East and West. I call this (...) view “reactionary fictionalism.” I argue that traces of reactionary fictionalism can be found in Classical Daoism, Madhyamaka Buddhism, and Pyrrhonian Skepticism. Reactionary fictionalism is a kind of fictionalism that differs from both the hermeneutic and revolutionary kinds discussed today. Hermeneutic fictionalism says we already treat the claims of a target discourse in a fictional manner. Revolutionary fictionalism recommends we all start treating the claims of a target discourse in a fictional manner for reasons mostly of social utility. Reactionary fictionalism recommends, by contrast, that only those concerned with obtaining maximal therapeutic release from the pathology of literally asserting genuine beliefs in the claims of a target discourse should react in a pretense manner to inescapable contexts demanding the use of the claims of that discourse. I aim to show that reactionary fictionalism was a technique utilized in premodern skeptical traditions as a means for enduring one's condemnation to near‐permanent sociality. I recommend slotting reactionary fictionalism into our present taxonomy once we note that employing fictionalism can have a primarily therapeutic motivation and not merely a semantic, epistemic, or metaphysical one. (shrink)

There is a debate among moral error theorists. It concerns what is to be done with moral discourse once it is believed to be systematically false or untrue. It has been called the ‘now what’ problem. Should error theorists abolish morality or insulate themselves in some way from this nihilistic consequence of belief in error theory? Assertive moral abolitionism aims to have error theorists avoid any insulation and abolish morality altogether. Revolutionary moral fictionalism aims for insulation by having error theorists (...) start treating morality as a useful fiction. There are certain problems with assertive moral abolitionism and revolutionary moral fictionalism, however. This paper argues for a hybrid view that combines the best parts of both views. I call this position ‘reactionary moral fictionalism.’ It says it might be wise for certain individual error theorists to abolish morality in most cases, but remain quiet about their abolition. It also says that these error theorists should use morality as a fiction in those situations where it would be practically detrimental not to use moral discourse. In such situations, the error theorist should employ moral fictionalism. A fictionalist approach should thus be used only as a passive reaction to contexts where it cannot be avoided. The advice offered to certain individual error theorists by reactionary moral fictionalism is thus ‘abolish morality when one can, but use morality as a fiction when one has to.’ It is argued that this solution to the ‘now what’ problem offers superior therapeutic benefits for these individuals and could possibly serve as a compromise between assertive moral abolitionism and revolutionary moral fictionalism. (shrink)

Proponents of moral abolitionism, like Richard Garner, qualify their view as an â assertiveâ version of the position. They counsel moral realists and anti-realists alike to accept moral error theory, abolish morality, and encourage others to abolish morality. In response, this paper argues that moral error theorists should abolish morality, but become quiet about such abolition. It offers a quietist or nonassertive version of moral abolitionism. It does so by first clarifying and addressing the arguments for and against assertive moral (...) abolitionism. Second, it develops novel criticisms of assertive moral abolitionism and offers nonassertive moral abolitionism in response. Third, it discusses how various metaethical views might respond to nonassertive moral abolitionism. Its basic claim is that nonassertive moral abolitionism provides superior therapeutic benefits over assertive moral abolitionism and other conserving and reforming approaches to moral discourse. (shrink)

Over the last decade, the increased use of work teams within organizations has been one of the most influential and far-reaching trends to shape the business world. At the same time, corporations have continued to struggle with increased unethical employee behavior. Very little research has been conducted that specifically examines the developmental aspects of employee ethical decision-making in a team environment. This study examines the impact of a team leader’s perceived integrity on his or her subordinates’ behavior. The results, which (...) came from a survey of 245 MBA students functioning for 2 years in a work team environment, indicate an interaction between leader integrity and team member ethical intentions. (shrink)

This paper seeks to show how classical Chinese Daoist philosophy (道家) contributes to contemporary metaethics. Daoism offers an early form of moral error theory and provides unique suggestions for what one can do with a false discourse like morality. Recent error theorists have disagreed about whether they should conserve moral discourse (moral conservationism), retain it only as a useful fiction (revolutionary moral fictionalism), substitute it with a discourse concerned with subjective normative attitudes (moral substitutionism), or abolish it altogether (assertive moral (...) abolitionism). In Daoist texts, I argue, we find unique versions of abolitionism and fictionalism that go a long way to resolving debates between error theorists. They can do so because the motivation Daoists have for holding their metaethical views is primarily therapeutic. I argue Daoism offers a nonassertive kind of moral abolitionism and a reactionary form of moral fictionalism as means toward the achievement of tranquility and joy. (shrink)

This paper develops two novel views that help solve the ‘now what’ problem for moral error theorists concerning what they should do with morality once they accept it is systematically false. It does so by reconstructing aspects of the metaethical and metanormative reflections found in the Madhyamaka Buddhist, and in particular the Prāsaṅgika Madhyamaka Buddhist, tradition. It also aims to resolve the debate among contemporary scholars of Madhyamaka Buddhism concerning the precise metaethical status of its views, namely, whether Madhyamaka Buddhism (...) can count as a genuine moral skepticism. The paper argues that Mādhyamikas are indeed moral skeptics, and moral skeptics more in a ‘Pyrrhonian,’ or quietist, sense if one follows the Prāsaṅgika line of thinkers. Overall, the claim is that Prāsaṅgika Madhyamaka Buddhists treat morality and normativity more broadly as a source of suffering to be ultimately overcome for therapeutic reasons. They propose to do this by abolishing fully asserting genuine moral and normative beliefs while also occasionally passively and reactively pretending some normative judgments are true when it appears doing so would be salutary. These two approaches are called ‘nonassertive moral abolitionism’ and ‘reactionary moral fictionalism,’ respectively. They are developed and offered to contemporary error theorists willing to consider a non-normative and non-collectivist criterion for solving the ‘now what’ problem. (shrink)

Most politically minded Kurds agree that their people need liberty. Moreover, they agree they need liberation from the domination they suffer from the four states that divide them: Turkey, Syria, Iraq, and Iran. What is less certain is the precise nature of this liberty. A key debate that characterizes Kurdish political discourse is over whether the liberty they seek requires the existence of an independent Kurdish nation-state. Abdullah Öcalan, the jailed intellectual leader of the Kurdistan Workers’ Party, has argued that (...) Kurdish liberty can only be achieved through liberation from the nation-state model itself. Instead of founding an independent Kurdistan, Öcalan proposes regional autonomy for the Kurds through a strictly egalitarian and directly democratic confederalism reminiscent of Murray Bookchin’s anarchist-inspired libertarian municipalism. We argue, in response to Öcalan’s approach, that employing an anarchist rejection of the state is largely mistaken. We diagnose certain historical and conceptual problems with the anarchist understanding of the state and develop the admission made in passing by certain anarchists, including Öcalan, that anarchist liberty could only be achieved after a long period of statist existence. Mostly counter to the anarchist model of non-domination, we propose a republican model of liberty and liberation, also as non-domination, that necessitates the formation of an independent state, at least in this historical period, for Kurds and hence any dominated people to count as truly free. We conclude by attempting to combine certain elements of the anarchist and republican conceptions and offer a synthetic communitarian view that could serve as a better foundation for Kurdish aspirations for liberty. (shrink)

Recently, British Prime Minister Theresa May made a bold anti-cosmopolitan claim: ‘If you believe you are a citizen of the world, you are a citizen of nowhere. You don’t understand what citizenship...

Philosophy & Social Criticism, Volume 48, Issue 8, Page 1174-1196, October 2022. Most politically minded Kurds agree that their people need liberty. Moreover, they agree they need liberation from the domination they suffer from the four states that divide them: Turkey, Syria, Iraq, and Iran. What is less certain is the precise nature of this liberty. A key debate that characterizes Kurdish political discourse is over whether the liberty they seek requires the existence of an independent Kurdish nation-state. Abdullah Öcalan, (...) the jailed intellectual leader of the Kurdistan Workers’ Party, has argued that Kurdish liberty can only be achieved through liberation from the nation-state model itself. Instead of founding an independent Kurdistan, Öcalan proposes regional autonomy for the Kurds through a strictly egalitarian and directly democratic confederalism reminiscent of Murray Bookchin’s anarchist-inspired libertarian municipalism. We argue, in response to Öcalan’s approach, that employing an anarchist rejection of the state is largely mistaken. We diagnose certain historical and conceptual problems with the anarchist understanding of the state and develop the admission made in passing by certain anarchists, including Öcalan, that anarchist liberty could only be achieved after a long period of statist existence. Mostly counter to the anarchist model of non-domination, we propose a republican model of liberty and liberation, also as non-domination, that necessitates the formation of an independent state, at least in this historical period, for Kurds and hence any dominated people to count as truly free. We conclude by attempting to combine certain elements of the anarchist and republican conceptions and offer a synthetic communitarian view that could serve as a better foundation for Kurdish aspirations for liberty. (shrink)

In this paper, I provide a cross-cultural comparison between the life and work of the English land- and seascape painter, J.M.W. Turner, and the conception of aesthetic experience and artisanship f...

Recently, some have read Turkish political developments from the perspective of Carl Schmitt’s political theory. This paper aims to modify aspects of these readings and offer in response a Schmitti...

Mainstream addiction science is today widely marked by an antinomy between a neurologically determinist understanding of the human brain ‘hijacked’ by the biochemical allure of intoxicants and a liberal voluntarist conception of drug use as a free exercise of choice. Prominent defenders of both discourses strive, ultimately without complete success, to provide accounts that are both universal and value-neutral. This has resulted in a variety of conceptual problems and has undermined the utility of such research for those who seek to (...) therapeutically care for people presumed to suffer from addictions. This article contrasts these two contemporary discourses to two others that played vital historical roles in initiating both scientific and popular concern for addiction. These are the Puritan and civic republican discourses that dominated scholarly discussions of addiction in the early modern era. In each case, the place of values in these discussions is highlighted. By comparing them to their early modern historical antecedents, this article seeks to reflexively explore and develop more intellectually sound and therapeutically relevant alternatives to the troubled attempts at universality and value-neutrality now fettering debates in mainstream addiction science. (shrink)

In an effort to promote more theoretically incisive research regarding the specifically sociological aspects of addiction, this article critically discusses three prominent theoretical paradigms for the study of addiction - neurology, learning theory and symbolic interaction. Neurological theories and learning theories are found to inadequately provide for the role of culturally transmitted meanings in the addiction process. While symbolic interactionist theories have been centrally concerned with meaning, they have failed to theorize how issues of meaning might figure in the addict's (...) inevitable subjective estrangement from his or her drug-related activities. This stems from their failure to appreciate the reality of non-symbolic meaning, or meaningful experience that manifests pre-reflectively, at the level of our immediate bodily encounter with reality. The article concludes by suggesting that sociological students of addiction adopt a more thoroughly praxiological orientation to meaningful experience, so as to overcome the analytic limitations inherent in the antinomy between biological reductionism and disembodied cognitivism. (shrink)

This response considers how Friesen’s account of simulation helps us to think through the situation of politics under technological conditions. The alleviation of material and corporeal risks entailed in simulated dissection is compared to the manner in which emerging media technologies facilitate experiences of political participation that are evacuated of the burdens of engagement. This dynamic is finally attributed not to digital mediation itself, but to its operation under the sign of simulation.

This response considers how Friesen’s account of simulation helps us to think through the situation of politics under technological conditions. The alleviation of material and corporeal risks entailed in simulated dissection is compared to the manner in which emerging media technologies facilitate experiences of political participation that are evacuated of the burdens of engagement. This dynamic is finally attributed not to digital mediation itself, but to its operation under the sign of simulation.

This paper provides an account of the paradoxes of teaching democracy, the paradoxes of being a citizen in a liberal democracy, and the insights that can be gained from the model of citizenship that T.H. Green promoted. Green thought citizenship was predicated on the twin foundations of the community and the common good. Freedom for Green means individual self-determination coupled with recognition of the dependency relations between individuals and the community. Green is noteworthy not only as a theorist but also (...) as an active contributor to the development of public schools in England. A consideration of his arguments provides a model for educating citizens, addresses the paradoxes of democracy in education, and reveals elements of his philosophy that are relevant to educational issues today. (shrink)

Pierre Klossowski's career in philosophy is a brief but significant intervention into the manner in which the connections between desire, identity, and meaning are thought. Although Klossowski's influence on much of what is called French “post-structuralism” or “post-modernism” is frequently noted, Klossowski's development of the motif of the simulacrum is rarely traced in its proper context. Through readings of the texts of the Marquis de Sade, Georges Bataille, and Friedrich Nietzsche, as well as his own ruminations on the polytheism of (...) the ancient Roman cult of Diana, Klossowski constructs a critique not only of the identity of the self but also of the supposed unity of reason and rational signs. Klossowski's critique demonstrates how meaningful discourse is produced from the basis of incommunicable affects, which project images in consciousness that, only then, are able to take the form of iterable simulacra. Our “gregarious” discourse in language is, thus, formed only indirectly from the affects and acquires its supposed unity only as it fails to express those affects. (shrink)

The present study concerns the issue of meaning in contemporary continental philosophy. In particular, it develops the two accounts of meaning offered by Heidegger and Levinas, each of whom presents us with a differing break from Husserl. As a first attempt to name the difference between these three thinkers, one could say that Husserl gives us an epistemological notion of meaning; whereas Heidegger gives us an ontological account, and Levinas gives us an ethical account. We will refine and reformulate this (...) division in relation to the issues of each chapter. ;We will thus see how both Heidegger and Levinas develop their separate notions in relation to Husserl's own revolutionary approach to the question of meaning. Whereas Husserl both replaced the term "experience" with the term "intuition" and gave a compelling account of the "prepredicative" roots of the meaningful, Heidegger advances the articulation of such a prepredicative realm of meaning even further than Husserl. He did so, however, in a way that ends up displacing Husserl's notion of intuition. This is the move from Husserl's account of phenomenological intuition to Heidegger's own notion of a more hermeneutic phenomenology . ;I will show how Heidegger articulates an account of meaning as that upon which any projection of understanding takes shape. Meaning becomes a quasi-transcendental, non-subjective notion of that which makes possible the disclosure of any "world." Levinas, on the other hand, offers an account of meaning---in intended opposition to Heidegger---as located primarily in the ethical exposure at the heart of language: in the "face-to-face" relation of Same and Other. He further develops his notion of meaning in terms of the notion of the saying and the said. Both Heidegger and Levinas give us a non-intentional account of the meaningful. For Heidegger it takes the form of a non-intentional background that makes possible both the "worldhood of the world" and the possibilities of Dasein . For Levinas, the meaningful is thought in terms of an interpersonal, quasi-ethical face to face relation between persons exposed to the vulnerability, obligation, and height of an "Other" in what he calls the "saying.". (shrink)

"Missouri's return to prominence among the ranks of college football teams is chronicled in this account of the Tigers' 2007 and 2008 seasons"--Provided by publisher.

Os primeiros seis parágrafos de O Desespero humano, de Kierkegaard, estão entre as passagens mais densas e difíceis de interpretar em toda sua obra. Nelas, ele expõe a natureza do eu em termos de relações e muitos têm interpretado isso como uma expressão da dialética de Hegel. Nesse artigo, leio aqueles parágrafos da lógica das relações de Peirce e mostro que Peirce nos permite entender Kierkegaard muito mais claramente do que Hegel. Além disso, apesar de tudo que Peirce e Hegel (...) têm em comum, Peirce o critica severamente com respeito à realidade da Segundidade. Analisando essa crítica e também o que Peirce e Kierkegaard dizem sobre a importância da dúvida vis-à-vis consciência, eu mostro que uma leitura Peirciana de Kierkegaard é bem mais frutífera do que a estruturaHegeliana que Kierkegaard conhecia. No final, eu reflito sobre a possibilidade de falar sobre um Kierkegaard semiótico e um Peirce existencialista. (shrink)