This book reflects the belief that a careful study of the Law of Attempts should be both interesting in itself, as well as being a productive route into a number of larger and deeper issues in criminal law theory and in the philosophy of action. By identifying the legal doctrines which courts and legislatures have developed or adopted, the author goes on to ask whether and how they can be rationalized or rendered persuasive. Such an approach involves paying detailed attention (...) to cases. The book is also unusual in that it grapples with English, Scots and US law, showing great breadth of research as well as philosophical sophistication. This is a work which is likely to become a seminal study and a major contribution to the study of law and legal philosophy. (shrink)

The question "What can justify criminal punishment ?" becomes especially insistent at times, like our own, of penal crisis, when serious doubts are raised not only about the justice or efficacy of particular modes of punishment, but about the very legitimacy of the whole penal system. Recent theorizing about punishment offers a variety of answers to that question-answers that try to make plausible sense of the idea that punishment is justified as being deserved for past crimes; answers that try to (...) identify some beneficial consequences in terms of which punishment might be justified; as well as abolitionist answers telling us that we should seek to abolish, rather than to justify, criminal punishment. This book begins with a critical survey of recent trends in penal theory, but goes on to develop an original account (based on Duff's earlier Trials and Punishments) of criminal punishment as a mode of moral communication, aimed at inducing repentance, reform, and reconciliation through reparation-an account that undercuts the traditional controversies between consequentialist and retributivist penal theories, and that shows how abolitionist concerns can properly be met by a system of communicative punishments. In developing this account, Duff articulates the "liberal communitarian" conception of political society (and of the role of the criminal law) on which it depends; he discusses the meaning and role of different modes of punishment, showing how they can constitute appropriate modes of moral communication between political community and its citizens; and he identifies the essential preconditions for the justice of punishment as thus conceived-preconditions whose non-satisfaction makes our own system of criminal punishment morally problematic. Punishment, Communication, and Community offers no easy answers, but provides a rich and ambitious ideal of what criminal punishment could be-an ideal of what criminal punishment cold be-and ideal that challenges existing penal theories as well as our existing penal theories as well as our existing penal practices. (shrink)

This research examined choice behaviour and probability judgement in a counterintuitive reasoning problem called the Monty Hall problem (MHP). In Experiments 1 and 2 we examined whether learning from a simulated card game similar to the MHP affected how people solved the MHP. Results indicated that the experience with the card game affected participants' choice behaviour, in that participants selected to switch in the MHP. However, it did not affect their understanding of the objective probabilities. This suggests that there is (...) dissociation between implicit knowledge gained from the task and the explicit understanding as to why switching was the best strategy. In Experiment 3, the number of prizes and doors were manipulated to examine how participants construed the problem space of the MHP. Results revealed that participants partition the probability judgement to reflect the number of prizes over the number of unopened doors. (shrink)

Difficult Atheism shows how contemporary French philosophy is rethinking the legacy of the death of God in ways that take the debate beyond the narrow confines of atheism into the much broader domain of post-theological thinking. Christopher Watkin argues that Alain Badiou, Jean-Luc Nancy and Quentin Meillassoux each elaborate a distinctive approach to the post-theological, but that each approach still struggles to do justice to the death of God.

The plays written about AIDS in the past dozen years form a radical canon establishing gay men as the locus for public attention. These plays have been all but silent in their representation of women with AIDS. This article examines the marginalized women in early plays such as The Normal Heart and As Is, and the women more central to later plays such as The Baltimore Waltz, Before It Hits Home, and Patient A. It foregrounds some of the most problematic (...) issues surrounding the AIDS virus: the perception of women as vectors of disease for men and unborn children, the insistent representation of women as mothers and caregivers, and the denial of patterns of abuse, sexual exploitation, and poverty which contribute to the marginalization of woman and people of color. (shrink)

It is widely acknowledged that interdisciplinarity (ID) is very diverse. Our contribution is a demonstration that considerable diversity exists also on the level of understandings of ID that researchers working in the same ID field express. Specifically, we analyse qualitatively, building on the method of culture contrast, six interviews with researchers working in computational linguistics and language technology in Estonia. We identify six understandings of ID expressed by the interviewees: centred on an ID method; a disciplinary method in an ID (...) field; an ID way of seeing and thinking; ID education; ID interests; one’s field as naturally ID. We show how understandings of ID are significant for analysing research practice, since they are involved in how researchers form a positive picture of themselves and their colleagues. We also show how an awareness of different understandings of ID is useful for discussing the significance of integration in ID. (shrink)

In his book The Retreat to Commitment Professor Bartley raised an important problem: can rationalism can rationalism be held in a rational way, that is, in a way that complies with its own requirements? Or is there bound to be something irrational in the rationalist's position? Briefly, Hartley's answer was that an element of irrationalism is involved in extant versions of rationalism; however, Bartley proposed a new version of rationalism that can, he claimed, be held in a way that is (...) rational according to its own account of rationality. Bartley called this ‘Comprehensively Critical Rationalism’. (shrink)

Marcia Baron has offered an illuminating and fruitful discussion of extra-legal excuses. What is particularly useful, and particularly important, is her focus on our excusatory practices—on the ways and contexts in which we make, offer, accept, bestow and reject excuses: if we are to reach an adequate understanding of excuses, their implications and their grounds, we must attend to the roles that they can play in our human activities and relationships—and to the complexities and particularities of those roles. However, I (...) want to focus my comments less on the details of Baron’s discussions of excuses in extra-legal contexts than on the implications of her discussion for our understanding of excuses in the criminal law. What light (if any, a sceptic might add) can such analyses of our extra-legal concepts and practices throw on legal concepts and doctrines? (shrink)

In response to Lawrence Solum's advocacy of a ‘virtue–centred theory of judging’, I argue that there is indeed important work to be done in identifying and characterising those qualities of character that constitute judicial virtues – those qualities that a person needs if she is to judge well (though I criticise Solum's account of one of the five pairs of judicial vices and virtues that he identifies – avarice and temperance). However, Solum's more ambitious claims – that a judge's vice (...) necessarily corrupts her decisions, and that in at least some contexts we must define a legally correct decision as one that would be reached by a virtuous judge – should be rejected: we can undermine the former by attending to the requirements of due process, and the latter by attending to the ways in which a judge would try to justify her decision. (shrink)

Aboriginal Australians have an intrinsic relationship to Country, kinship and community. The processes related to colonisation have decimated traditional lifestyles, ecology and even families. The challenge for energy engineers lies in the ability to reconcile the profession of engineering with the contemporary and traditional cultural and physical needs of Aboriginal people. A discussion around Aboriginal peoples’ most deeply held values will be linked to both global and professional ethical canons. This discussion has implications for Aboriginal and Indigenous peoples globally. A (...) fictitious case study—the ‘Warrigal Downs Energy Hub’—provides us with a hypothetical project to which we can link both examples and frameworks. Our team of Aboriginal and non-Aboriginal educators and engineers provides us with a right, wrong and even better way to work sensitively, meaningfully and reciprocally with Aboriginal people in Australia and, indeed, globally. (shrink)

One of the most serious pre-occupations of post-medieval philosophy has been to distinguish those kinds of assertion which are either true or false from those which are neither true nor false. A solution to this problem would be of the highest importance. It would indicate in what areas rational inquiry has some hope of success and in what areas it is doomed to frustration. It would tell us, for example, whether it is worth trying to think about the possible mistakenness (...) of our moral principles, or whether such thinking is bound to be ineffective since no truth or falsity attaches to them. (shrink)

I analyse an empirically informed argument in philosophy of science to show that it faces several varieties of risk commonly discussed as inductive risk. I argue that this is so even though the type of reasoning used in this argument differs from the reasoning in some of the arguments usually discussed in connection with inductive risk. To capture the variety of risks involved, I use the more general notion of epistemic risk proposed by Justin Biddle and Quill Kukla. I show (...) how the argument in question faces several of the epistemic risks already described in connection with empirical reasoning. Importantly, I also argue that the subtype of inductive reasoning used in the argument merits a separate discussion. To analyse it, I recommend using the model of colligation, or reasoning through offering synthesising expressions. I then argue that it is desirable to recognise the risk in colligating inductive reasoning as a distinct type of epistemic risk that is relevant for understanding risk in other fields as well. Thus, I suggest that philosophy of science is one of the fields subject to non-trivial epistemic risk; I characterise several of these risks on the example of a specific argument; and I describe epistemic risk that accompanies colligation – colligating inductive risk. (shrink)

Philosophers have often claimed that the requirements of morality have an absolute and categorical status. Other values may be relative to the agent's ends, other imperatives hypothetical on his desires: their requirements must be justified by relating the action enjoined to the attainment of those ends or desires, and can be avoided by being shown to be incompatible with them. But the requirements of morality bind us whatever our ends or desires might be: they are not to be justified by (...) reference to anything beyond themselves; they cannot be avoided by being shown to be incompatatible with our existing purposes. Other values and imperatives may be determined—be given their status as values or imperatives—by our own prior purposes and desires: but those of morality themselves determine which purposes or desires we may or may not pursue. For convenient reference I label this the Absolutist view. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Commentary on “Psychopathy, Other-Regarding Moral Beliefs, and Responsibility”R. A. Duff (bio)AbstractI make four criticisms of Fields’s account of one type of psychopathy as a responsibility-negating personality disorder which involves an incapacity to form other-regarding moral beliefs. First, his account of what it is to hold moral beliefs (in terms of accepting universal practical principles) actually specifies neither a necessary, nor a sufficient, condition for holding a moral belief. (...) Second, he is too quick to dismiss the suggestion that what psychopaths suffer from is an inability to understand moral concepts and values. Third, he does not show why we should ascribe an incapacity to accept moral beliefs to the psychopath, rather than a culpable failure to do so. Fourth, he suggests too weak a criterion of criminal liability, as requiring only the capacity to act for prudential reasons.KeywordsMoral beliefs, moral understanding, incapacity, criminal liabilityFields argues that we can properly count at least one type of psychopathy as a personality disorder which negates moral responsibility. This is not because, as others have argued, such psychopaths cannot understand moral concepts and moral values, but because they suffer an incapacity to form other-regarding moral beliefs, i. e., to accept practical moral principles; we cannot hold them morally responsible for failing to accept or obey moral principles which they lack the capacity to accept. Nor, he also argues, should we hold them criminally liable, since they lack that capacity to act for prudential reasons to which a deterrent system of law appeals.His paper rightly emphasizes the interdependence of psychiatry and philosophy, in this as in other contexts. A psychiatric account of psychopathy as a disorder involving some kind of moral incapacity must depend for its precise sense on an adequate account of the concepts of moral capacity and incapacity: an account which should draw on the resources of moral philosophy. Philosophers who aim to understand those concepts will do well to attend, as Fields does attend, to psychiatric discussions and case histories: not only because this is necessary if their comments on mental disorder or on psychopathy are to be adequately informed, but also because careful attention to the problematic phenomena of mental disorder can also illuminate our understanding of the rational powers and capacities which are lacking or distorted in the disordered, and which philosophers hope to analyze. Fields is also clearly right to emphasize that the criteria of moral responsibility might not be the same as the appropriate [End Page 283] criteria of criminal liability: that the question of whether psychopaths should be criminally liable cannot necessarily be answered simply by determining whether they are morally responsible.However, I do not think that he has provided an adequate account of psychopathy as a personality disorder which negates moral responsibility and criminal liability. I will comment on four aspects of his discussion.First, as Fields recognizes, one who wants to argue that psychopaths lack the capacity to form moral beliefs owes us an account of what it is to form, or hold, a moral belief. Fields’s account is familiar, but arguable. To hold a moral belief is to accept, and to be motivated by, a universal practical principle: a principle which one regards as providing very strong reasons for action, and breaches of which arouse such responses as (third-person) disapproval or (first-person) guilt. It could be plausibly objected, however, that accepting some universal practical principle is neither a necessary nor a sufficient condition for holding a moral belief.It is not a sufficient condition, partly because not any universal practical principle which an agent treats as being important can intelligibly count as a moral principle. The principle “One should never split an infinitive” cannot, by itself, count as a moral principle; and if someone treated it as if it were a moral principle, we would judge his moral understanding, and his rational capacities, to be seriously impaired. This suggests that a purely formal account of the “moral,” like Fields’s (an account that pays no attention to the content of what could count as a moral principle) cannot be adequate (see Foot 1978). A further, related reason for the... (shrink)

A signal challenge of twenty-first century psychiatry is the effective treatment of existential/spiritual suffering in palliative care. This chapter will concentrate on research to assess the therapeutic potential of psilocybin to assuage that suffering. If a “psychedelic experience” can facilitate an acceptance of impending death, and reduce the existential suffering of those who endure it, it could prove to be a valuable intervention where one is sorely needed. The therapeutic use of psilocybin with dying patients (hereinafter patients) raises numerous questions (...) about research trial design, the model of psychiatry that might accommodate it, and the kind of experience it induces. Are these the sorts of experience that psychiatric treatment should effect on troubled patients? Is spiritual care within the ambit of psychiatry? There are epistemological questions as to the veridicality of the psychedelic experience. How much credence should we give it? I will argue in cautious support of ongoing research to evaluate the therapeutic use of psilocybin in palliative care. This argument can be extended to research on its therapeutic use in psychotherapy. The chapter will focus on four questions: (1) what is the ethical justification for this research on patients? (2) What types of research trial design are best used to assess the purported benefits of a psychedelic drug experience? (3) What is the epistemic warrant of the “mystical” and “noetic” facets of this experience? (4) What models of (a) psychiatry and (b) drug action could accommodate the therapeutic use of psilocybin in palliative care? (shrink)

This essay looks at Norplant qua technology and uses analytic frameworks from the social construction of technology to explain the trajectory of its brief history. The author contend that there were multiple uses of Norplant, in terms of rhetorical strategies, symbolic representations, and contraceptive intentions, constructed by reproductive scientists, population control advocates, pharmaceutical manufacturers, doctors, birth control clinic staffers, government regulators, legislators, judges, women’s health activists, potential users, and actual users. However, while relevant social groups shaped the discourse surrounding Norplant (...) in the 1990s, its ultimate fate was determined by choices made by potential users. At the ‘‘consumption junction’’ of the late twentieth-century contraceptive marketplace, American women ignored the meanings constructed for Norplant by developers, producers, providers, and policy makers and made their decisions based on what Norplant meant to them. Individuals’ decisions to choose other methods of preventing pregnancy coalesced into a collective rejection of this contraceptive technology. (shrink)

This essay argues that the practice ofmedicine is not a phronetic activity in theoriginal Aristotelian sense of that term. Jonsen andToulmin are two philosophers who have conflated thetechne of medicine with phronesis. Thisconflation ignores Aristotle's crucial distinctionbetween techne and phronesis and his useof the medical analogy. It is argued that medicalreasoning is similar to phronesis but does notexemplify it. Phronesis will not save thelife of medical ethics. The concept could be utilized as amoral prosthetic.

In this long-awaited book, Antony Duff offers a new perspective on the structures of criminal law and criminal liability. His starting point is a distinction between responsibility (understood as answerability) and liability, and a conception of responsibility as relational and practice-based. This focus on responsibility, as a matter of being answerable to those who have the standing to call one to account, throws new light on a range of questions in criminal law theory: on the question of criminalisation, which (...) can now be cast as the question of what we should have to answer for, and to whom, under the threat of criminal conviction and punishment; on questions about the criminal trial, as a process through which defendants are called to answer, and about the conditions (bars to trial) given which a trial would be illegitimate; on questions about the structure of offences, the distinction between offences and defences, and the phenomena of strict liability and strict responsibility; and on questions about the structures of criminal defences. The net result is not a theory of criminal law; but it is an account of the structure of criminal law as an institution through which a liberal polity defines a realm of public wrongdoing, and calls those who perpetrate (or are accused of perpetrating) such wrongs to account. (shrink)

How can a system of criminal punishment be justified? In particular can it be justified if the moral demand that we respect each other as autonomous moral agents is taken seriously? Traditional attempts to justify punishment as a deterrent or as retribution fail, but Duff suggests that punishment can be understood as a communicative attempt to bring a wrong-doer to repent her crime. This account is supported by discussions of moral blame, of penance, of the nature of the law's (...) demands, and of the proper meaning and purpose of the criminal process of trial and verdict: it deals both with the ideals that should inform a system of criminal law and the extent to which those ideals are actualised in existing institutions and practices. The conclusion is pessimistic: punishment cannot be justified within our legal system; and this gap between the ideal and the actual presents us with serious moral dilemmas. (shrink)

The Healing Virtues explores the intersection of psychotherapy and virtue ethics - with an emphasis on the patient's role within a healing process. It considers how the common ground between the therapeutic process and the cultivation of virtues can inform the efforts of both therapist and patient. Within this book, the Duff R. Waring argues that there is a case for patient virtues that are crucially relevant to working through the problems in living that arise in psychotherapy, e.g., honesty, (...) courage, humility, perseverance. The central idea is that treatment may need to build virtues while it ameliorates problems. Hence, the patient's work in psychotherapy can both challenge character strengths and result in their further development. (shrink)

At the seventh international congress of Logic, Methodology, and Philosophy of Science, held at Salzburg in 1983, I was talking with John Searle when I glanced at my watch and exclaimed, I must run. I'm due to solve the problem of induction at 2.15. ‘Yes,’ he replied, I must go too; I'm due to solve the mind-body problem. I don't know how seriously he meant his remark, but I did actually believe that I had cracked this old problem in the (...) Epilogue of my Science and Scepticism,1 the manuscript of which was then with the publisher. In that book I drew a sharp distinction between the problem which faces a theoretical scientist trying to select, out of several competing theories, the one that best fulfils the aim of science, and the pragmatic problem which faces an applied scientist or practical decision-maker trying to select, out of several competing hypotheses, the one that offers the best guidance. I had what I still regard as a viable solution to the theoreticians problem. It aid that theoreticians should prefer that theory, if there is one, that is the best corroborated; for on a certain non-trivial but uncontroversial assumption about what kinds of test have been made, the best corroborated theory will best satisfy what I claimed to be the optimum aim for science: it will be deeper and wider than its rivals and, moreover, possibly true, given all the reported outcomes of tests in its field. For present purposes we can forget the explications I offered for ‘deeper’ and ‘wider’. As to ‘possibly true’: this reflects the abandonment of hopes that science can arrive at theories that are certainly true, or at least have a high probability of being true, or at the very least have had their probability raised by the experimental evidence. (shrink)

Between 1920 and 1940, increasing proportions of urban Italian and Jewish women gave birth under the supervision of doctors in clinics and hospitals and limited the number of children they bore. We examine the role of women's informal conversation in accounting for the differences between Jewish and Italian women in the timing of these social changes. Women in both groups drew on relatives, friends, and neighbors for information and social support, but differences in the composition of Italian and Jewish networks (...) were relevant for the timing of change in these reproductive behaviors. (shrink)

The standard approach to ethics in psychotherapy is to focus on the therapist. Although normative “boundary” ethics revolves around what the therapist ought, or ought not, to do, virtue ethics can revolve around the kind of person the therapist ought to be. One can thus apply virtue ethical theory to clinical practice and argue for therapist virtues that are relevant to meeting professional standards and to working effectively through the problems that arise in psychotherapy. Considerably less attention has been paid (...) to how virtue ethics relates to the patient. The ethics of psychotherapy can also revolve around the sort of person the patient should be. I argue that there are nascent virtues which the patient can bring to psychotherapy that, when cultivated with the therapist, can facilitate a beneficial outcome and virtues that can be seen as psychotherapeutic goals toward which the patient ought to strive. (shrink)

Jacques Maritain's An Introduction to Philosophy was first published in 1931. Since then, this book has stood the test of time as a clear guide to what philosophy is and how to philosophize. Inspired by the Thomistic Revival called for by Leo XIII, Maritain relies heavily on Aristotle and St. Thomas Aquinas to shape a philosophy that, far from sectarian theology in disguise, is driven by reason and engages the modern world. Re-released as part of the Sheed & Ward Classic (...) series, An Introduction to Philosophy is sure to enliven the minds of students and general readers for years to come. From the new introduction by Ralph McInerny: You are about to read a magnificent introduction not only to a kind of philosophy but to philosophizing itself. Jacques Maritain was a relatively young man when he wrote this book, but his effort is one that attracts any philosopher more and more as he grows older. However odd and unusual what he says becomes, the philosopher yearns to show how even the most abstruse claims can be put into relation with what the reader already knows. That, in its essence, is what teaching is. In this book, the reader will find a wise and certain guide into philosophizing as such. And, in the end, he will find that what he reads is really only a refinement and development of what he and everybody else already knew. (shrink)

This book examines responsibility and luck as these issues arise in tort law, criminal law, and distributive justice. The central question is: whose bad luck is a particular piece of misfortune? Arthur Ripstein argues that there is a general set of principles to be found that clarifies responsibility in those cases where luck is most obviously an issue: accidents, mistakes, emergencies, and failed attempts at crime. In revealing how the problems that arise in tort and criminal law as well as (...) distributive justice invite structurally parallel solutions, the author also shows the deep connection between individual responsibility and social equality. This is a challenging and provocative book that will be of special interest to moral and political philosophers, legal theorists, and political scientists. (shrink)