We regularly wield powers that, upon close scrutiny, appear remarkably magical. By sheer exercise of will, we bring into existence things that have never existed before. With but a nod, we effect the disappearance of things that have long served as barriers to the actions of others. And, by mere resolve, we generate things that pose significant obstacles to others' exercise of liberty. What is the nature of these things that we create and destroy by our mere decision to do (...) so? The answer: the rights and obligations of others. And by what seemingly magical means do we alter these rights and obligations? By making promises and issuing or revoking consent When we make promises, we generate obligations for ourselves, and when we give consent, we create rights for others. Since the rights and obligations that are affected by means of promising and consenting largely define the boundaries of permissible action, our exercise of these seemingly magical powers can significantly affect the lives and liberties of others. (shrink)

CHAPTER 1 Introduction HEIDI M. RAVVEN AND LENN E. GOODMAN The attitudes of Jewish thinkers toward Spinoza have defined a fault line between traditionalist ...

I argue that Spinoza’s ethical theory may be viewed as a transformation of Aristotle’s teleological account which has been corrected of several fundamental flaws which Spinoza found in Aristotle. The result of Spinoza’s redefinition of ethical activity is a developmental account of ethics which has close kinship with the views of process theoreticians.

Combines insights from philosophy, psychology, and the biographies of ordinary people to identify principles to guide our ethical development and provide concrete models for an ethical life.

In a little over two hundred years, American legal thought moved from premodernism through modernism and into postmodernism. This book charts that intellectual voyage, stressing both the historical contexts in which ideas unfolded and the inherent force of the ideas themselves.Author Stephen M. Feldman first defines "premodernism," "modernism," and "postmodernism," then explains the development of American legal thought through these three intellectual periods. His narrative revolves around two broad, interrelated themes: jurisprudential foundations and the notion of progress. He points (...) out that much of American legal thought has grappled with the problem of identifying the foundations of the American judicial system and judicial decision making. The various ideas of jurisprudential foundations, moreover, are closely tied to shifting notions of progress-the definition of the term, assumptions about the possibility of progress, and hopes about how law might contribute to it.This book's broad historical sweep and its clear explanations of the competing theoretical positions of current legal scholarship make it indispensable to students and scholars of jurisprudence and American legal history. (shrink)

In a recent IPQ article, Christopher Kaczor gave a promising argument in which he strove to reconcile the common belief that obstetric craniotomy is immoral with his clear and intuitively attractive account of intention. One of Kaczor’s crucial assumptions is that intentional mutilation is morally impermissible. In this article I argue that Kaczor’s analysis has three potential problems: the mutilating features of craniotomy do not appear to meet Kaczor’s criteria for being intended, so his account doesn’t show craniotomy to be (...) impermissible; some commonly-accepted acts, including voluntary sterilization, are acts of intentional mutilation according to Kaczor’s definition and are thus forbidden on his account; and some acts that intuitively seem to constitute intentional mutilation do not meet Kaczor’s definition of “mutilation” and are not ruled out by his account. I suggest slight modifications to Kaczor’s account that might address these difficulties. (shrink)

Spinoza uses the interpretation of Adam’s disobedience in the Garden of Eden to mount a biblical defense of the life devoted to intellectual pursuits. In his philosophic rereading of the biblical story, Spinoza follows the lead of Maimonides in the Guide to the Perplexed Part I, chapter 2. Both philosophers invoked the biblical text to lend authority to the view that moral consciousness, in contrast with the intellectual, marks a decline in the human condition. This paper explores Spinoza’s dependence on (...) the Maimonidean interpretation and also shows where Spinoza parts company with it, giving his own philosophical twist to the tale. (shrink)

Drawing inspiration from the profoundly influential work of legal theorist Larry Alexander, this volume tackles central questions in criminal law, constitutional law, jurisprudence, and moral philosophy. What are the legitimate conditions of blame and punishment? What values are at the heart of constitutional protections against discrimination or infringements of free speech? Must judges interpret statutes and constitutional provisions in ways that comport with the intentions of those who wrote them? Can the law obligate us to violate the demands of morality, (...) and when can the law allow the rights of the few to be violated for the good of the many? This collection of essays by world-renowned legal theorists is for anyone interested in foundational questions about the law's authority, the conditions of its fair application to citizens, and the moral justifications of the rights, duties, and permissions that it protects. (shrink)

Both Immanuel Kant and Moses Maimonides wrote lengthy treatments of the biblical garden of Eden. For both philosophers the biblical story served as an opportunity to address the genealogy of morals. I argue here that the two treatments offer deep insights into their respective philosophical anthropologies, that is to say, into their assessments of the human person and of moral psychology. Contrary to much that has been written about Maimonides as a proto-Kantian, I expose the profoundly different and even opposed (...) conceptions of human nature and of reason at the heart of the respective philosophies. For Kant, the first exercise of reason in the garden is an act of rebellion that jettisons the human person from the womb of nature into a post-natural freedom. The repudiation of the natural is the beginning of an ethical life, according to Kant—a life to be dominated by respect for a human dignity beyond the natural. For Maimonides, in contrast, reason is a philosophical torah li-shma . Rational understanding is an understanding of the laws of a nature fecund with the presence of the divine. Exposing the reason inherent in nature is the only path to knowledge of God and whatever communion with the divine is available to human beings. Such knowledge transforms the heart as well as fills the mind, embedding the human person as moral actor in a God-filled universe. (shrink)

In this paper I argue that the Hegelian philosophy offers insights that are particularly important for feminists: 1) a descriptive analysis of the historic family as a social system whose inherent oppressiveness needs to be transcended; and 2) a model of intrapsychic and social liberation and harmony as precisely the true path of emergence from and rational transformation of the family. Although a clear advocate of the traditional bourgeois family, Hegel, perhaps paradoxically, also took a critical posture toward the family, (...) identifying and formulating theoretically the nature of its oppressiveness and the - or, at least, a - route toward its transcendence. This paper offers, first, a new angle from which to view Hegel’s concepts of woman and the family, and, second, draws some implications for a contemporary understanding of women and the family from Hegel’s theory of human liberation as the transcendence of the unindividuated harmonious communities of the family and the Greek city. (shrink)

This chapter synthesizes Michael Moore’s scholarly opus, organizing the breathtaking array of topics that he has tackled, restating the field-changing theses that he has defended, and extracting a set of common themes that define the essential components of his intellectual legacy. Along the way, it draws upon personal experiences in Michael’s life that may have influenced his scholarly choices. On pain of committing the genetic fallacy, the piece does not purport either to bolster or to debunk any of his claims (...) simply by explaining them in terms of their causal antecedents. Still, the causal antecedents of beliefs can be interesting for their own sake. So the project is to provide a systematic and comprehensive taxonomy of Michael’s work and to salt it with biographical events, relationships, triumphs, and traumas that illuminate how personal the ideas that have defined his prolific academic career to date have been. (shrink)

As several studies, along with a book and movie depicting the true story of a former clinic director, have recently brought to the public’s attention, fetal ultrasound images dramatically impact some viewers’ normative judgments: a small but non-negligible proportion of viewers attribute increased moral status to fetal humans and even form the belief that abortion is impermissible. I consider three types of psychological explanation for a viewer’s shift in beliefs: increased bonding or empathy, various forms of cognitive bias, and type (...) of cognitive processing involved. I consider the normative implications of each explanation, arguing that in each case the viewer’s judgment is presumptively rational. (shrink)

Offered here is a review of Gregg D. Caruso’s edited volume, Exploring the Illusion of Free will and Moral Responsibility [1]. Assembled here are essays by nearly all the major contributors to the philosophical free will debate on the denial and skeptical side. The volume tells us where the field currently is and also gives us a sense of how the free will debate is actually advancing toward greater understanding. Perhaps we can even discern some glimmer of hope for a (...) resolution or a degree of consensus that could, in the near future, underlie or give rise to practical engagements to bring about significant social transformations and innovations toward a more humane society. (shrink)

This paper takes issue with Slavoj Zizek's constructed opposition between Spinoza and Hegel. Where Zizek views Hegel's non-dualistic relational epistemology as a substantial improvement over Spinoza's purported dogmatic account of a reality which is external to the perceiver, I argue that Hegel inherited such an epistemology from Spinoza. Ultimately, it is Spinoza who provides Hegel with the conceptual tools for knowledge of the "transphenomenal" within the context of human finitude.

In his comments on the film version of Schindler’s List, James B. Pinkerton, writing in New York Newsday, blames Hegel - and Hegel above all others - for Nazism. He charges Hegel with undermining “the last bulwark of liberty and safety we have in a world populated by the imperfect: the rule of law.” Pinkerton further suggests, “One can perhaps build a respectable ideology out of a Hegelianism … but it’s much easier to just write ‘totalitarianism’ on such a political (...) blank check.”. (shrink)

ABSTRACTI argue that Spinoza attributes to society the role of moral educator, a role that is to be carried out via Religion and Politics and hence also via an educational system. In his account, the social body is given the task of applying and transmitting a notion of virtue whose criterion is enhanced freedom, yet that freedom paradoxically must be acquired initially via authoritative coercive rules of praxis. The aim is to achieve an infinite broadening of perspective upon oneself and (...) upon the world and a consequent transformation of one’s motivations and desires from narrowly self-serving to infinitely inclusive. Intellectual virtue is exposed as the necessary and only true fulfillment of the virtue of moral models for it has achieved ‘the knowledge of the union that the mind has with the whole of Nature.’ Yet that intellectual virtue is not ready to hand but must be taught, and teaching necessarily entails an initial measure of authoritative transmission and even coercion, and hence moral models to be internalized. (shrink)

Stuart Swindle in “Why Feminists Should Take the Phenomenology of Spirit Seriously” accuses me of failing to interpret the passages in the Phenomenology on the family and women in the full context of the progress to absolute spirit. He gives no particular evidence for this claim, but merely asserts it repeatedly and at an ever increasing decibel level. To this general criticism I assert that nothing that I wrote in “Has Hegel Anything to Say to Feminists?” denied that spirit progresses (...) beyond the Hellenic world or any other particular stage of development. In fact, my argument was predicated on just such a development. Women, however, - I argued - do not seem to develop, nor are they capable of development, in their consciousness or social expression according to Hegel from Greek times to modernity. (shrink)

While our common sense seems to tell us that intention matters to ethical evaluation, there is considerable disagreement among ethicists regarding why and how it matters. In this article I argue that intention matters to act evaluation in much the way that the principle of double effect implies. First, I identify five propositions—one epistemological and four ethical—that the proponent of PDE holds regarding the ethical relevance of intention. Second, I give two general arguments for the ethical relevance of intention. Third, (...) I offer preliminary arguments for each of the five propositions outlined in the first section. Together, these general and more specific arguments are meant to place the burden of proof on one denying intention’s relevance to act evaluation. Fourth and finally, then, I show that recent critiques of PDE and of the ethical relevance of intention fail to carry that burden of proof. (shrink)

Spinoza uses the interpretation of Adam’s disobedience in the Garden of Eden to mount a biblical defense of the life devoted to intellectual pursuits. In his philosophic rereading of the biblical story, Spinoza follows the lead of Maimonides in the Guide to the Perplexed Part I, chapter 2. Both philosophers invoked the biblical text to lend authority to the view that moral consciousness, in contrast with the intellectual, marks a decline in the human condition. This paper explores Spinoza’s dependence on (...) the Maimonidean interpretation and also shows where Spinoza parts company with it, giving his own philosophical twist to the tale. (shrink)

:This essay undertakes two tasks: first, to describe the differing mens rea requirements for accomplice liability of both Anglo-American common law and the American Law Institute's Model Penal Code; and second, to recommend how the mens rea requirements of both of these two sources of criminal law in America should be amended so as to satisfy the goals of clarity and consistency and so as to more closely conform the criminal law to the requirements of moral blameworthiness. Three "pure models" (...) of the mens rea requirements for complicity are distinguished, based on the three theories of liability conventionally distinguished in the general part of Anglo-American criminal law. One of these, the vicarious responsibility model, is put aside initially because of both its descriptive inaccuracy and its normative undesirability. The analysis proceeds using the other two models: that of the mens rea requirements for principal liability for completed crimes, and that of the mens rea requirements for attempt liability. Both the common law and the Model Penal Code are seen as complicated admixtures of these two models, the common law being too narrow in the scope of its threatened liability and the Model Penal Code being both too broad and too opaque in its demands for accomplice liability. The normative recommendation of the paper is to adopt the model for the mens rea of complicity that treats it as a form of principal liability, recognizing that the overbreadth of liability resulting from adoption of that model would have to be redressed by adopting a "shopkeeper's privilege" as an affirmative defense separate from any mens rea requirement. View HTML Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.UNTYING THE GORDIAN KNOT OF MENS REA REQUIREMENTS FOR ACCOMPLICESVolume 32, Issue 2Heidi M. Hurd and Michael S. Moore DOI: https://doi.org/10.1017/S0265052516000157Your Kindle email address Please provide your Kindle email[email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. UNTYING THE GORDIAN KNOT OF MENS REA REQUIREMENTS FOR ACCOMPLICESVolume 32, Issue 2Heidi M. Hurd and Michael S. Moore DOI: https://doi.org/10.1017/S0265052516000157Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. UNTYING THE GORDIAN KNOT OF MENS REA REQUIREMENTS FOR ACCOMPLICESVolume 32, Issue 2Heidi M. Hurd and Michael S. Moore DOI: https://doi.org/10.1017/S0265052516000157Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation Request permission. (shrink)

This article details the degree to which the ideal of punishment proportional to desert forces changes in how we think of deontological morality. More specifically, the proportionality ideal forces us to abandon the simple, text-like view of deontological moral norms, and it forces us to acknowledge that those norms are not uniformly categorical in their force.

In a recent IPQ article, Christopher Kaczor gave a promising argument in which he strove to reconcile the common belief that obstetric craniotomy (the crushing of nearlyborn fetuses’ heads) is immoral with his clear and intuitively attractive account of intention. One of Kaczor’s crucial assumptions is that intentional mutilation is morally impermissible. In this article I argue that Kaczor’s analysis has three potential problems: (1) the mutilating features of craniotomy do not appear to meet Kaczor’s criteria for being intended, so (...) his account doesn’t show craniotomy to be impermissible; (2) some commonly-accepted acts, including voluntary sterilization, are acts of intentional mutilation according to Kaczor’s definition and are thus forbidden on his account; and (3) some acts that intuitively seem to constitute intentional mutilation do not meet Kaczor’s definition of “mutilation” and are not ruled out by his account. I suggest slight modifications to Kaczor’s account that might address these difficulties. (shrink)

“We overpunish and overcriminalize,” Douglas Husak insists in his latest book-length tour de force entitled Overcriminalization: The Limits of the Criminal Law.1 In what ways and by what mea...

Domestic violence is an important social problem that strongly impacts the healthcare system. It is estimated that two to four million women are physically abused each year by their husbands, ex-husbands, or boyfriends. Many of these abused women enter the medical system as patients with physical injuries, somatic symptoms, or psychiatric problems. These patients represent a large proportion of women patients in a variety of clinical settings: 22–35% of women presenting to emergency departments, up to 37% of obstetric patients, and (...) over 25% of women seeking primary care. Despite the significant health implications of marital abuse, healthcare providers often fail to identify and treat this problem when signs are present. (shrink)

Criminal provisions governing the treatment of animals collectively embody inconsistencies that reflect deep-seated ambivalence about who counts as the victim of animal cruelty, what constitutes the wrong of such cruelty, and what role punishment ought to play in response to it. In the first part, I shall sketch how animal cruelty laws embody tensions and contradictions that make manifest the criminal law’s need for philosophical clarity. In the second part, I shall argue that one way to bring a modicum of (...) order to animal cruelty provisions is to recognize that their cross-cutting prohibitions and permissions respond to, and perhaps exploit, competing understandings of whether one, some, or all of the five principles of legislation appropriately inform the reach of the criminal law. I shall, accordingly, unpack the significant doctrinal disagreements about when and why we should punish animal abusers by working through the ways in which animal cruelty provisions appear to be responsive to inconsistent views about the very point of the criminal law. (shrink)