For persons serving life-without-parole (LWOP) sentences in California, a commutation usually offers them the sole glimpse of hope for release from prison. While governors were reluctant to consider any sentence reductions from 1975 to 2016, commutations—including those for LWOP—have become a more frequent occurrence since. Yet, little is still known about how governors have justified reducing a sentence that initially offered no prospect of release from prison. Given the apparent change in practice, themes emerging from the content of 177 gubernatorial (...) commutation summaries granted to persons serving LWOP sentences between 2017 and 2021 are analyzed in this paper. Through open coding, rehabilitative indicators (programming and institutional conduct) emerged as necessary preconditions for a commutation, while retributive factors (a reassessment of the nature of the crime and the prerogative to adjust excessive prison sentences or to correct sentencing errors) complemented sentence reductions. The findings expose the ethical issues that arise from an LWOP sentence and the subsequent commutation. More specifically, they shed light on the commitment offenses underlying commuted LWOP sentences and raise questions regarding the penal objectives that are supposed to be accomplished with permanent imprisonment. (shrink)

Open access. This open-access book discusses vulnerability and the protection-inclusion dilemma of including those who suffer from serious poverty, severe stigma, and structural violence in research. Co-written with representatives from indigenous peoples in South Africa and sex workers in Nairobi, the authors come down firmly on the side of inclusion. In the spirit of leaving no one behind in research, the team experimented with data collection methods that prioritize research participant needs over researcher needs. This involved foregoing the collection of (...) personal data and community researchers being involved in all stages of the research. In the process, the term ‘vulnerability’ was illuminated across significant language barriers as it was defined by indigenous peoples and sex workers themselves. The book describes a potential alternative to exclusion from research that moves away from traditional research methods. By ensuring that the research is led by vulnerable groups for vulnerable groups, it offers an approach that fosters trust and collaboration with benefits for the community researchers, the wider community as well as research academics. Those living in low-income settings, in dire situations that are summarized with the term ‘vulnerability’ know best what their problems are and which priorities they have. To exclude them from research for their own protection is a patronizing approach which insinuates that researchers and research ethics committees know best. The team from this book have shown that minimally risky and minimally burdensome research tailored towards the needs of highly marginalized and stigmatized communities can be scientifically valuable as well as inclusive and equitable. I congratulate them. Prof. Klaus Leisinger, President Global Values Alliance, Former personal advisor to Kofi Annan on corporate responsibility. (shrink)

In diesem Buch stellt sich die Frage nach der Wahrheit nicht über den Gegensatz von wahr und falsch, sondern im Zusammenhang mit verschiedenen Modi der Gewißheit: Wahrheit in ihren komplexen Beziehungen zu praktischen Fragen und der Notwendigkeit von Urteilen. Diese Fragen werden systematisch differenziert und historisch diskutiert. Die Autorin verdeutlicht mit dem Nachweis der entscheidenden Funktion der Urteilskraft die Verbindungen und Bruchstellen zwischen theoretischer und praktischer Philosophie. Der Urteilskraft kommt als einer individuellen Fähigkeit die Aufgabe zu, die Reaktion Anderer auf (...) das eigene Fürwahrhalten ohne eine letzte allgemeine Regel einzuschätzen. Theoretische Philosophie geht hier in politische Philosophie (Kant) bzw. in Philosophie der Psychologie (Wittgenstein) über. (shrink)

Truthmaker theorists hold that propositions about higher-level entities (e.g. the proposition that there is a heap of sand) are often made true by lower-level entities (e.g. by facts about the configuration of fundamental particles). This generates a problem: what should we say about these higher-level entities? On the one hand, they must exist (since there are true propositions about them), on the other hand, it seems that they are completely superfluous and should be banished for reasons of ontological parsimony. Some (...) truthmaker theorists—most prominently David Armstrong—have tried to solve this puzzle by arguing that these entities are ‘an ontological free lunch’, i.e. real existents that are still ‘no addition of being’. This answer is prima facie attractive, but I argue in this paper that the standard approaches to truthmaking—modal theories and grounding theories—are unable to vindicate the doctrine of the ontological free lunch, and thus fail to solve the problem of higher-level entities. Fortunately, there is a non-standard account of truthmaking available, the reductive explanation account, which succeeds where the standard approaches fail. (shrink)

This book is a provocative contribution to contemporary ethical theory challenging foundational conceptions of character that date back to Aristotle. John Doris draws on behavioral science, especially social psychology, to argue that we misattribute the causes of behavior to personality traits and other fixed aspects of character rather than to the situational context. More often than not it is the situation not the nature of the personality that really counts. The author elaborates the philosophical consequences of this research for (...) a whole array of ethical theories and shows that, once rid of the misleading conception of motivation, moral psychology can support more robust ethical theories and more humane ethical practices. (shrink)

"Geschichte," die zu denken gibt. Konnotationen des Geschichtsbegriffs aus theologischer Perspektive ; Die fundamentaltheologische Dichotomie ; Die Begründung einer theologischen Perspektive auf "Geschichte" ; Die theologische Tiefenstruktur von "Geschichte" als Aufgabe -- "Geschichte" als hermeneutische Aufgabe. "Geschichte" als Programm ; Die universalgeschichtliche Herausforderung ; "Geschichte" zwischen Offenbarung und Kerygema ; "Geschichte" als Denkbewegung -- "Geschichte" im Erzählen : Paul Ricœur. Der Wag in die Philosophie : Biographische Notizen zu Paul Ricœur ; Die Begründung der philosophie de la detour ; Auf (...) dem Weg zu einer Hermeneutik der Geschichte ; Der Wag in die Theologie -- "Geschichte" zwischen Erinnern und Erzählen : von der Phänomenologie zur Theologie. Die Dimension des Möglichen ; Die überkreuzte Referenz von Geschichte und Gedächtnis ; Geschichte coram Deo : Resümee und Ausblick -- "Geschichte" im Geschehen. Phänomenologisch-kerygmatische Theologie : zum Ansatz einer theologischen Lesart von "Geschichte" ; Christologische Mimesis : der dogmatische Kern theologischen Geshichtsverstehens ; Die christologische Lesart des Mimesiskonzepts -- "Geschichte," die nach Erzählung verlangt. Die hermeneutische Orientierung theologischer Reflexion auf "Geschichte" ; "Geschichte" als geschehen ; Die Eigenart des zu Erzählenden ; "Geschichte" für uns. (shrink)

Plus que de différences qui se juxtaposent, on parle aujourd'hui de processus de différenciation pour traduire le changement fondamental entraîné par la rupture du lien jusqu'ici présumé insécable entre la culture en tant que facteur d'identification collective et son inscription spatiale. A la dichotomie classique entre Nous et les Autres - fondement même du projet anthropologique - se substituent ainsi de nouvelles catégories hybrides : communautés diasporiques, transnationalisme, créolisation, autant d'indicateurs thématiques d'une véritable réorientation de la réflexion sur la culture. (...) C'est dans ce contexte que se pose, de nos jours, le problème d'une " gestion " juridique de la différence culturelle présumée ou revendiquée. Tributaires de l'émergence des peuples autochtones et des minorités " ethniques " ou " culturelles " en tant que nouveaux acteurs sur la scène nationale et internationale, les quatorze contributions à ce recueil d'orientation interdisciplinaire proposent autant de réflexions critiques sur la notion de culture dans son double rapport au Droit (c'est-à-dire au droit positif) et aux droits. Ce qui est en jeu ici, c'est la culture comme variable de l'élaboration de normes juridiques en réponse à des revendications d'ordre identitaire. (shrink)

There is a widespread view that well-learned skills are automated, and that attention to the performance of these skills is damaging because it disrupts the automatic processes involved in their execution. This idea serves as the basis for an account of choking in high pressure situations. On this view, choking is the result of self-focused attention induced by anxiety. Recent research in sports psychology has produced a significant body of experimental evidence widely interpreted as supporting this account of choking in (...) certain kinds of complex sensorimotor skills. We argue against this interpretation, pointing to problems with both the empirical evidence and the underlying theory. The experimental research fails to provide direct support for the central claims of the self-focus approach, contains inconsistencies, and suffers from problems of ecological validity. In addition, qualitative studies of choking have yielded contrary results. We further argue that in their current forms the self-focus and rival distraction approaches both lack the theoretical resources to provide a good theory of choking, and we argue for an expanded approach. Some of the elements that should be in an expanded approach include accounts of the features of pressure situations that influence the psychological response, the processes of situation appraisal, and the ways that attentional control can be overwhelmed, leading to distraction in some cases, and in others, perhaps, to damaging attention to skill execution. We also suggest that choking may sometimes involve performance-impairing mechanisms other than distraction or self-focus. (shrink)

Do we know what we're doing, and why? Psychological research seems to suggest not: reflection and self-awareness are surprisingly uncommon and inaccurate. John M. Doris presents a new account of agency and responsibility, which reconciles our understanding of ourselves as moral agents with empirical work on the unconscious mind.

This chapter contains section titled: I II III IV.

Paradoxes are more than just intellectual puzzles - they raise substantive philosophical issues and offer the promise of increased philosophical knowledge. In this introduction to paradox and paradoxes, Doris Olin shows how seductive paradoxes can be, why they confuse and confound, and why they continue to fascinate. Olin examines the nature of paradox, outlining a rigorous definition and providing a clear and incisive statement of what does and does not count as a resolution of a paradox. The view that (...) a statement can be both true and false, that contradictions can be true, is seen to provide a challenge to the account of paradox resolution, and is explored. With this framework in place, the book then turns to an in-depth treatment of the Prediction Paradox, versions of the Preface/Fallibility Paradox, the Lottery Paradox, Newcomb's Problem, the Prisoner's Dilemma and the Sorites Paradox. Each of these paradoxes is shown to have considerable philosophical punch. Olin unpacks the central arguments in a clear and systematic fashion, offers original analyses and solutions, and exposes further unsettling implications for some of our most deep-seated principles and convictions. (shrink)

In the absence of comprehensive immigration reform at the federal level, many American states and localities are undertaking their own legal reforms. The new state and local laws have been challenged by immigrant-rights organizations and individuals on the grounds that the federal government has already pre-empted the field. The lawsuits bring a new narrative voice—that of judges—into the boiling U.S. immigration debate. Judges engage the controversy over local enforcement of immigration enforcement, as they have other contentious disputes, both as pragmatic (...) decision-makers and as spokespersons for justice. The tensions this dual role entails are explored here in the context of a single, controversial case. Close-up analysis of the judge’s narrative strategy reveals a range of specific techniques to create moral distance from a decision, combined, ironically, with the enlistment of moral themes to justify the ruling. The inter-twining of rule-of-law and justice rhetoric mirrors and also shapes a broader politics of justice in the United States. (shrink)

Paradoxes are more than just intellectual puzzles - they raise substantive philosophical issues and offer the promise of increased philosophical knowledge. In this introduction to paradox and paradoxes, Doris Olin shows how seductive paradoxes can be, why they confuse and confound, and why they continue to fascinate. Olin examines the nature of paradox, outlining a rigorous definition and providing a clear and incisive statement of what does and does not count as a resolution of a paradox. The view that (...) a statement can be both true and false, that contradictions can be true, is seen to provide a challenge to the account of paradox resolution, and is explored. With this framework in place, the book then turns to an in-depth treatment of the Prediction Paradox, versions of the Preface/Fallibility Paradox, the Lottery Paradox, Newcomb's Problem, the Prisoner's Dilemma and the Sorites Paradox. Each of these paradoxes is shown to have considerable philosophical punch. Olin unpacks the central arguments in a clear and systematic fashion, offers original analyses and solutions, and exposes further unsettling implications for some of our most deep-seated principles and convictions. (shrink)

In this chapter, I show that there is at least one crucial, non-short, argument, which does not involve arguments about spatiotemporality, why Kant’s subjectivism about the possibility of knowledge, argued in the Transcendental Deduction, must lead to idealism. This has to do with the fact that given the implications of the discursivity thesis, namely, that the domain of possible determination of objects is characterised by limitation, judgements of experience can never reach the completely determined individual, i.e. the thing in itself (...) or the unlimited real, but only objects as objects of possible experience. As such, it can be shown by reference to a key argument from Kant, that Hegel’s famous criticism that Kant is not licensed, on the basis of his core arguments concerning the original-synthetic unity of apperception, to restrict our knowledge to appearances, is mistaken on purely systematic grounds. More specifically, I argue that idealism follows already from the constraints that the use of the categories, in particular the categories of quality, places on the very conceivability of things in themselves. My claim is that, although it is not only possible but also necessary to think things in themselves, it does not follow that by merely thinking them we have a full grasp of the nature of things in themselves, as some important commentators claim we have. We must therefore distinguish between two kinds of conceiving of things in themselves: conceiving in the standard sense of ‘forming the notion of’, and conceiving in the narrow sense of ‘having a determinate intellectual grasp’. So although we must be able notionally to think things in themselves, as the grounds of their appearances, we cannot even conceive, through pure concepts, of how they are in themselves in any determinate, even if merely intellectual, sense. To put it differently, we cannot have a positive conception of things in themselves (this is in line with Kant’s distinction between noumena in the negative and positive senses; cf. B307–9). For support, I resort to a much overlooked chapter in the Critique, concerning the transcendental Ideal, where Kant discusses what it is for a thing to be a thing in itself proper, namely, something that is thoroughly determined. This concerns the real ontological conditions of things, which are not satisfied by the modal categories alone, namely, their existence conditions. I claim that the chief reason why, given Kant’s view of determinative judgement, we cannot determine a thing in itself is because of two connected reasons: (1) a thing in itself is already fully determined and therefore not further determinable and (2) we cannot possibly determine all of the thing’s possible determinations. In this context, I also discuss the notion of material (not: empirical) synthesis—of which Kant speaks in the chapter on the transcendental Ideal—which must be presupposed as the ground of the formal a priori synthesis that grounds possible experience. This material synthesis, which is an idea of reason that defines a thing as thoroughly determined with regard to all of its possible predicates and has mere regulative status, can by implication not be determined by the forms of the understanding, which synthesise only a limited set of predicates. As a result, given this definition of ‘thing in itself’, any object (appearance) as at best44 a limited set of determinations of the thing can never be numerically identical to the thing in itself as thoroughly determined individual. This undercuts a standard assumption about the identity relation between appearances and things in themselves in many contemporary interpretations of Kant’s transcendental idealism. (shrink)

Um den Begriff des Originals gibt es heftige Debatten. Können Fälschungen ebenso gut sein wie Originale? Wann sind Kopien vielleicht sogar besser? Und ist die Zeit des Originals nicht überhaupt vorbei? Dabei tritt die Frage, was ein Original eigentlich sei, oft in den Hintergrund. Doris Reisinger stellt die These auf: Der Begriff des Originals ist nicht nur nicht obsolet, er hat auch nicht notwendig mit Neuheit, Urheberschaft oder ästhetischem Wert zu tun - das Problem des Originalbegriffs besteht schlicht darin, (...) dass seine komplexe Struktur verkannt wird. Vor diesem Ausgangspunkt erarbeitet sie einen Explikationsvorschlag, der die Beantwortung einer ganzen Reihe von Fragen dieser klassischen philosophischen Debatte erlaubt. (shrink)

One of the most significant shifts in current thinking on war and gender is the recognition that rape in wartime is not a simple by-product of war, but often a planned and targeted policy. For many feminists ‘rape as a weapon of war’ provides a way to articulate the systematic, pervasive, and orchestrated nature of wartime sexual violence that marks it as integral rather than incidental to war. This recognition of rape as a weapon of war has taken on legal (...) significance at the Rwandan and Yugoslav Tribunals where rape has been prosecuted as a crime against humanity and genocide. In this paper, I examine how the Rwanda Tribunal’s record of judgments conceives of rape enacted as an instrument of the genocide. I consider in particular how the Tribunal’s conception of ‘rape as a weapon of war’ shapes what can be known about sexual violence and gender in the Rwandan genocide and what cannot, the categories of victims legally recognised and those that are not, and the questions pursued, and those foreclosed, about the patterns of violence before and during the genocide. (shrink)

Talk at University of Turin, 'Kant, oltre Kant, May 5th 2023. --- -/- It is useful, while keeping in mind a holistic approach, to concentrate on a common theme in Kant’s text, which it will turn out is the quintessential element of his novel ‘way of thinking’, as he himself put it in preface of the second edition of the Critique of Pure Reason. This common theme is the idea of synthesis, which is what holds together, and is the entryway (...) to, all the other familiar aspects of Kant’s thought: his concept of self-consciousness or how mind is involved in cognition, his ideas about the role of the imagination, his theory of knowledge and his metaphysics of experience, and not unimportantly, its relation to what is probably the most Kantian element here: the categories of the understanding as the first principles of knowledge. But the meaning of synthesis and its role in its various facets, though frequently the subject of discussion in papers and monographs alike, is hardly understood in contemporary Kant scholarship. Most readings of the text of the Deduction, the part in which Kant elucidates his concept of synthesis, exhibit a shallow, mechanical understanding of it. -/- A compounding factor is that synthesis can’t really be understood independently of the other aforementioned elements of Kant’s thought. Grasping the meaning of synthesis implies coming to grips with his concept of self-consciousness and the way both self-consciousness and the categories are intricately and intimately involved. Most interpretations consider these aspects too much as if they were indeed separable faculties or entities that serve separable functions, undercutting an important feature of Kant’s metaphysics: the possibility of a priori unified cognition, for which an indivisible self-legislating subject is responsible. Rather, they are expressions of various aspects of a singular function of the mind as the ground of possible unified knowledge. -/- One striking example of such a superficial reading of the text is the way the relation between figurative synthesis and intellectual synthesis—or in the case of the A-Deduction the threefold synthesis—is standardly interpreted, as if the two are independent or quasi-independent functions of different faculties of the mind, the imagination and the understanding. In this paper, I focus on the relation between figurative and intellectual synthesis, while arguing that failing to understand this properly, indeed the relation between the imagination and the understanding, leads to a vicious regress in the explanation of the ground of knowledge, for which a priori synthesis is specifically designed. In other words, failing to see the intimate relation between the imagination and the understanding, the very identity that lies at their root, risks losing sight of the primary aim of Kant’s thought: the possibility of a priori unified knowledge. (shrink)

Psychopaths appear to be ‘creatures apart’ – grandiose, shameless, callous and versatile in their violence. I discuss biological underpinnings to their pale affect, their selective inability to discern fear and sadness in others and a predatory orienting towards images that make most startle and look away. However, just because something is biologically underpinned does not mean that it is innate. I show that while there may be some genetic determination of fearlessness and callous-unemotionality, these and other features of the personality (...) may arise from developmental failures in the interpersonal reception of their emotions, needs and their sense of self. One is unlikely to be able to own inner experiences if shamed for having them, or if, having them, one does not know how to regulate and soothe. So psychopaths may learn to attend away and suppress them. Rather than a fully inherited difficulty, they may have become unable to reflect on inner states, so meta-emotions and self-reflective emotions like guilt and shame do not fully arise. They retain enough sensitivity to know their difference, and hide. I suggest that psychopaths are characterised by a nested sense of self, arising from the surprising effect of shame on these seemingly shameless characters. They do not have an integrated sense of self across context or across time or in relation to a generalised social other. With a nested sense of self, diminished intensity and scope of affective experience (in both directly experienced and vicarious forms) they lack textured access to a personal, owned and integrated past. Thus they lack the kind of access to the past required for a motivationally compelling planning of the future. They lack the emotional investment in the future that enables us to overcome the motivation to act opportunistically and myopically. These individuals live strangely in time. They have a fugitive sense of self and live nimbly among many pasts. They present an elegant and coherent mask to the person they are addressing in the moment and generate possible futures without conviction. (shrink)

If the work carried out to gain a detailed understanding of the process of photosynthesis, and probably other types of bioenergetic conversions as well, fulfills the criteria of a molecular biology, and if the groups funding this research and those who worked in the laboratory regarded it as such, why has it been necessary for me to argue here that bioenergetics should always have been counted as part of - indeed, may have been in the forefront in establishing — the (...) molecular biology tradition? Why have the investigators themselves not insisted on correcting the historical record that has emerged thus far? I would like to offer two reasons: one institutional, the other scientific. (shrink)

Yoga is a unique form of expert movement that promotes an increasingly subtle interpenetration of thought and movement. The mindful nature of its practice, even at expert levels, challenges the idea that thought and mind are inevitably disruptive to absorbed coping. Building on parallel phenomenological and ethnographic studies of skilful performance and embodied apprenticeship, we argue for the importance in yoga of mental access to embodied movement during skill execution by way of a case study of instruction and practice in (...) two related traditions, Iyengar and Anusara. Sharing a pose repertoire, they are based on distinctive philosophical systems with different teaching styles and metaphoric structures. To address relations between pedagogy and practice in embodied expertise, and to investigate the reciprocal influences of embodiment and thought, we explore in detail the linguistically mediated learning context where practitioners work with yoga teachers. Here, the mind/body problem comes to practical life. We demonstrate the effects of words on bodies, as knowledge is literally incorporated. We show why interpersonal influence on our movement capacities is sometimes needed to enhance expertise. We theorize and identify ?signature patterns of tension? among practitioners. These patterns have four sources: ghost gestures, innate differences in bodily form, functional fusing, and signature patterns of affective experience, modulation and expression. These patterns of tension produce ?silent zones?, cognitively impenetrable actions, functional fusing of a skilful, compensatory form, and signature patterns of pain and damage. We show how instruction can disrupt these silent zones, enhancing mental and physical flexibility. (shrink)

In a recent work, we introduced a theoretical model for fulfillment in life that covers cognitive and affective components and distinguishes different time frames. The present study evaluates this model and describes the construction of the Fulfilled Life Scale to assess fulfillment regarding the whole lived life retrospectively. We investigated the scale in two samples. The model of the cognitive component combines three sources of fulfillment with three criteria, yielding nine facets. Employing hierarchical factor analysis, we inspected all solutions between (...) one and nine. We identified three optimal factors, which we labeled unfolded self and life, the worthwhile life, and positive impact and legacy. Next, we selected marker items and replicated the factor structure in Sample 2. The three scales were positively intercorrelated and showed good internal consistency in both samples. For the affective component, exploratory and confirmatory factor analyses established a one-factor structure in both samples, and high internal consistency was obtained. Across a range of related constructs, we demonstrated construct and criterion validity. Notably, cognitive and affective fulfillment incrementally predicted a global rating of a fulfilled life and mental well-being, even after controlling for subjective and eudaimonic well-being. Overall, the study proves that the FLS is necessary to capture people’s experience of a fulfilled life, which could not be assessed sufficiently with previous well-being measures. Both cognitive and affective fulfillment were able to predict additional variance in mental well-being. Moreover, the study reveals psychometric support for the FLS and presents the first evidence on its validity. Lastly, applications in research and practice are discussed, especially in the context of living and aging well in the second half of life. (shrink)

This article considers how we should frame the ethical issues raised by current proposals for large-scale genebanks with on-going links to medical and lifestyle data, such as the Wellcome Trust and Medical Research Council's 'UK Biobank'. As recent scandals such as Alder Hey have emphasised, there are complex issues concerning the informed consent of donors that need to be carefully considered. However, we believe that a preoccupation with informed consent obscures important questions about the purposes to which such collections are (...) put, not least that they may be only haphazardly used for research —an end that would not fairly reflect the original altruistic motivation of donors, and the trust they must invest. We therefore argue that custodians of such databases take on a weighty pro-active duty, to encourage public debate about the ends of such collections and to sponsor research that reflects publicly agreed priorities and provides public benefits. (shrink)

Analyses of errors from a sequential auditory recall experiment indicated that perceptual factors influence the shape of the serial position curve of recall errors. The signal to noise ratio and presentation rate of the stimuli, as well as presentation rate during a prior training session, affected item and order errors. For experiments in which Ss simply monitored the auditory sequences for a preassigned critical item, and in which items were recalled in addition to monitoring, analyses of montoring RTs provided evidence (...) that the requirement to recall induces perceptual difficulties. (shrink)

Joachim Schulte’s introduction provides a distinctive and masterful account of the full range of Wittgenstein’s thought. It is concise but not compressed, substantive but not overloaded with developmental or technical detail, informed by the latest scholarship but not pedantic. Beginners will find it accessible and seasoned students of Wittgenstein will appreciate it for the illuminating overview it provides.