Philosophy &Public Affairs, Volume 47, Issue 2, Page 208-254, Spring 2019.

The proposal that the criminal justice system should focus on rehabilitation – rather than retribution, deterrence, or expressive denunciation – is among the least popular ideas in legal philosophy. Foremost among rehabilitation’s alleged weaknesses is that it views criminals as blameless patients to be treated, rather than culpable moral agents to be held accountable. This article offers a new interpretation of the rehabilitative approach that is immune to this objection and that furnishes the moral foundation that this approach has lacked. (...) The view rests on the principle that moral agents owe it to one another to maintain the dependability of their moral capacities. Agents who culpably commit criminal wrongs, however, betray an unacceptable degree of moral unreliability. Punishment, on this theory, consists in the enforcement of the duties that offenders have to reduce their own likelihood of recidivism. (shrink)

Journal of Political Philosophy, EarlyView.

Journal of Political Philosophy, EarlyView.

Journal of Political Philosophy, EarlyView.

Journal of Political Philosophy, EarlyView.

Should governments pay ransoms to terrorist organisations that unjustly kidnap their citizens? The United Kingdom and the United States refuse to negotiate with terrorist groups that kidnap and threaten to kill their people. In contrast, continental European countries, such as France and Germany, have regularly paid ransoms to rescue hostages. Who is right? This debate has raged in the public domain in recent years, but no sustained attempt has been made to subject the matter to philosophical scrutiny. This article explores (...) this issue, focusing on the case of ransom payments to terrorist organisations. It contends that the state's duty to protect its citizens from murder grounds a defeasible obligation to pay ransoms. It considers the objection that a policy of paying ransoms endangers citizens abroad by increasing the likelihood of future kidnappings, and it explains why this objection is not sufficiently weighty. It then identifies a more powerful objection: namely, that a state's payment of ransoms makes the state complicit in the serious injustices that its ransom payments fund. It concludes that unless states can offset their contributions to such injustices, paying ransoms is wrong. (shrink)

Why, exactly, should we punish children who commit crimes more leniently than adults who commit the same offenses? Gideon Yaffe thinks it is because they cannot vote, and so the strength of their reasons to obey the law is weaker than if they could. They are thus less culpable when they disobey. This argument invites an obvious objection: why not simply enfranchise children, thereby granting them legal reasons that are the same strength as enfranchised adults, and so permitting similarly severe (...) punishment? Yaffe answers this question by arguing that child enfranchisement would objectionably undermine the values of political equality and self-government. This article explores some serious doubts about these arguments. It closes by questioning Yaffe’s reliance on a retributivist theory of punishment, contending that, once we reject retributivism in favor of more humane and productive alternatives, the thesis that child criminals deserve a break—which Yaffe assumes to be undeniably correct—becomes less plausible. (shrink)

The idea that victims of social injustice who commit crimes ought not to be subject to punishment has attracted serious attention in recent legal and political philosophy. R. A. Duff has argued, for example, a states that perpetrates social injustice lacks the standing to punish victims of such injustice who commit crimes. A crucial premiss in his argument concerns the fact that when courts in liberal society mete out legitimate criminal punishments, they are conceived as acting in the name of (...) all citizens—on behalf of the whole political community. Resisting this premiss, Peter Chau has suggested that courts ought to be conceived as acting only in the name of “just citizens”: citizens who cannot be plausibly seen as having contributed to distributive injustice. When conceived in this way, Chau argues, courts can no longer plausibly be regarded as lacking standing to punish. This article uses the debate between Duff and Chau to explain why the question of whether to punish socially deprived offenders can only be answered adequately when connected to broader concerns of democratic theory. Specifically, it argues that Chau’s proposal is not available within the context of the kind of political community upon which (Duff rightly believes) a system of liberal criminal law depends for its justification and maintenance: a community in which citizens see the law as embodying shared norms whose specific demands they disagree about. State officials are morally permitted to see themselves as acting on behalf of a subset of the citizenry, I argue, only in circumstances of democratic crisis : circumstances in which a moral community can no longer be plausibly said to exist. (shrink)

In this introduction, we provide a brief overview of the debate on religion in political philosophy. We present the main arguments defended by Cécile Laborde in Liberalism’s Religion and explain how these arguments contribute to the debate.

The Monty Hall Problem (MHP), a process of two-stage decision making, was presented in atypical form via a custom software game. Differing from the normal three-box MHP, the game added one additional box on-screen for each game—culminating on game 23 with 25 on-screen boxes to initially choose from. A total of 108 participants played 23 games (trials) in one of four conditions; (1) “Vanish” condition—all non-winning boxes totally removed from the screen; (2) “Empty” condition—all non-winning boxes remain on-screen, but with (...) an “empty” label on them; (3) “Steroids” condition—all non-winning boxes removed from the screen, with initially chosen box becoming 25% larger; (4) “Steroids2” condition—all non-winning boxes removed from the screen, box not currently chosen becomes 25% larger. Results indicate second-stage on-screen presence of boxes influences switching; with their absence having the opposite effect. Size manipulation appears to elicit demand characteristics resulting in indeterminate influence. (shrink)

Jeffrey Howard has recently argued that entrapment and similar phenomena are wrongful - and wrong the induced agent - because they violate a regulative obligation of respect for the first moral power According to Howard, this obligation grounds a duty not to foreseeably increase the likelihood that another agent acts wrongly While I accept the existence of the more fundamental obligation, I try to show that it doesn't support DUTY. Therefore, it doesn't support the wrongfulness of entrapment (...) and similar phenomena. I do this by offering a more nuanced account of FMP's value, and one more attuned to certain liberal thoughts about agency. I then suggest a fairly minimalist picture of what respect for FMP involves, but close in a constructive spirit by sketching an alternative argument for DUTY based on the telos of FMP. (shrink)

For nearly half a century, Quentin Skinner has been the world's foremost interpreter of Thomas Hobbes. When the contextualist mode of intellectual history now known as the “Cambridge School” was first asserting itself in the 1960s, the life and writings of John Locke were the primary topic for pioneers such as Peter Laslett and John Dunn. At that time, Hobbes was still the plaything of philosophers and political scientists, virtually all of whom wrote in an ahistorical, textual-analytic manner. Hobbes had (...) not been the subject of serious contextual research for decades, since the foundational writings of Ferdinand Tönnies. For Skinner, he was thus an ideal subject, providing a space for original research on a major figure, and an occasion for some polemically charged methodological manifestos. Both of these purposes animated his 1965 article “History and Ideology in the English Revolution,” and his 1966 article “The Ideological Context of Hobbes's Political Thought”. The latter of these remains to this day one of the most widely cited scholarly articles in the fifty-year run of Cambridge's Historical Journal. Among other results of these early efforts was the scholarly controversy during which Howard Warrender chided Skinner for having reduced the “classic texts in political philosophy” to mere “tracts for the times”. (shrink)

If militarism violates the ideals of liberty and justice in one way, and rapidly increasing social stratification violates them in another, then American democracy is in crisis. A culture of democratic accountability will survive only if citizens revive the concerns that animated the great reform movements of the past, from abolitionism to civil rights. It is crucial, when reasoning about practical matters, not only to admit how grave one's situation is, but also to resist despair. Therefore, the fate of democracy (...) depends, to some significant degree, on how we choose to describe the crisis. Saying that we have already entered the new dark ages or a post-democratic era may prove to be a self-fulfilling prophecy, because anyone who accepts this message is apt to give up on the hard work of organizing and contestation that is needed to hold political representatives accountable to the people. This paper asks how one might strike the right balance between accuracy and hope in describing the democracy's current troubles. After saying what I mean by democracy and what I think the current threats to it are, I respond to Romand Coles's criticisms of reservations I have expressed before about rhetorical excess in the works of Stanley Hauerwas, Alasdair MacIntyre, and Richard Rorty. This leads to a discussion of several points raised against me by Hauerwas. A digression offers some of my reasons for doubting that John Howard Yoder's biblical scholarship vindicates Hauerwas's version of pacifism. The paper concludes by arguing that Sheldon Wolin's work on the evisceration of democracy, though admirably accurate in its treatment of the dangers posed by empire and capital, abandons the project of democratic accountability too quickly in favor of the romance of the fugitive. (shrink)

The definitive biography of Alain Locke, the first African American Rhodes Scholar and Harvard PhD in philosophy, Howard University philosophy scholar, and architect of the Harlem Renaissance, who mentored a generation of artists including Langston Hughes and Zora Neale Nurston and promoted the work of African Americans as the quintessential creators of American modernism. This biography explores his professional and private life, including his relationships with white patrons and his lifelong search for love as a gay man.

PC Wars: Politics and Theory in the Academy addresses the very issue of political correctness and the current skirmishes in the culture wars. It includes statements from many of our leading contemporary public intellectuals, including Joan Wallach Scott, Michael Be;rube;, Bruce Robbins, Henry Giroux, and Gerald Graff. The collection marks a watershed in the debate about "pc" in that it presents serious considerations and analyses of the factors, causes, and consequences of the culture wars. Carefully examining the construction of "pc," (...) PC Wars analyses political correctness by focusing on the mass media, class politics, and the ideology of managerial democracy. It places the disputes around "pc" in the context of contemporary developments in critical and cultural theory and the current backlash against theory, manifested in the recent attacks on Marxism, feminism and deconstruction. The book also scrutinizes the undercurrents of anti-intellectualism and anti-professionalism which have tended to create a fertile ground for the "pc" hysteria. Offering much more than slogans and slinging arrows, PC Wars provides a spirited and critical look at the reaction, ideology, and political forces that have coalesced around the term. Contributors: Michael Be;rube;, Reed Way Dasenbrock, Frank Farmer, Henry Giroux, Gerald Graff, Darlene Hantzis and Devoney Looser, John S. Howard and James M. Lang, Tom Lewis, James Neilson, Christopher Newfield, Richard Ohmann, Burce Robbins, Barry Sarchett, Joan W. Scott, Michael Sprinker, Jeffrey Williams. (shrink)

Responses to Newcomb-like challenges to evidential decision theories such as Jeffrey’s “logic of decision” range from allegations of incoherence and irrelevance; through stonewalling - “Just one box for me, thank you.“; to arguments that maintain that when properly applied by an ideal agent such theories get the right answers and, for example, prescribe the taking of both boxes, not just one; on to conservative revisions of evidential decision theories that are held to get these supposedly right answers while remaining (...) true to its evidential, Humean spirit; and finally to responses of radical revisionists who claim that only causal decision theories can get all Newcomb-like problem cases right. I discuss responses of the first sort in another paper - “Newcomb-like Problems for Jeffrey’s Logic of Decision.”. (shrink)

Two partition-theorems are proved for a particular causal decision theory. One is restricted to a certain kind of partition of circumstances, and analyzes the utility of an option in terms of its utilities in conjunction with circumstances in this partition. The other analyzes an option's utility in terms of its utilities conditional on circumstances and is quite unrestricted. While the first form seems more useful for applications, the second form may be of theoretical importance in foundational exercises. Comparisons are made (...) with theorems of Richard Jeffrey, Brad Armendt, and Peter Fishburn. (shrink)

There are narrowest bounds for P(h) when P(e) = y and P(h/e) = x, which bounds collapse to x as y goes to 1. A theorem for these bounds -- bounds for probable modus ponens -- entails a principle for updating on possibly uncertain evidence subject to these bounds that is a generalization of the principle for updating by conditioning on certain evidence. This way of updating on possibly uncertain evidence is appropriate when updating by ’probability kinematics’ or ’Jeffrey-conditioning’ (...) is, and apparently in countless other cases as well. A more complicated theorem due to Karl Wagner -- bounds for probable modus tollens -- registers narrowest bounds for P(not h) when P(not e) = y and P(e/h) = x. This theorem serves another principle for updating on possibly uncertain evidence that might be termed ’contraditioning’, though it is for a way of updating that seems in practice to be frequently not appropriate. It is definitely not a way of putting down a theory -- for example, a random-chanc. (shrink)

20 June 2004. In “The Appointment,” Puzzles for the Will, 1998, Chapter II, Appendix, I say that the provenance of the tale was then unsettled. Jeffrey Archer wrote that it remained so in 2000 “despite extensive research”.

This book shows how the traditional concerns of political theory push it increasingly into the study of international relations. This is done, first, by demonstrating how many of the issues usually dealt with by political theory, such as democracy and justice, arise within an increasingly global context and, secondly, by considering how international issues, such as colonialism and war, are best illuminated by building on the work of political theorists. The book suggests that political theory and international relations theory can (...) now both be successfully engaged in as a joint enterprise only. (shrink)

This third paper locates the synthetic neurorobotics research reviewed in the second paper in terms of themes introduced in the first paper. It begins with biological non-reductionism as understood by Searle. It emphasizes the role of synthetic neurorobotics studies in accessing the dynamic structure essential to consciousness with a focus on system criticality and self, develops a distinction between simulated and formal consciousness based on this emphasis, reviews Tani and colleagues' work in light of this distinction, and ends by forecasting (...) the increasing importance of synthetic neurorobotics studies for cognitive science and philosophy of mind going forward, finally in regards to most- and myth-consciousness. (shrink)

The paper takes off from the suggestion of Jouni-Matti Kuukkanen that Kuhn’s account of science may be understood in coherentist terms. There are coherentist themes in Kuhn’s philosophy of science. But one crucial element is lacking. Kuhn does not deny the existence of basic beliefs which have a non-doxastic source of justification. Nor does he assert that epistemic justification only derives from inferential relationships between non-basic beliefs. Despite this, the coherentist interpretation is promising and I develop it further in this (...) paper. I raise the question of whether Kuhn’s account of science can deal with the input objection to coherentism. I argue that the role played by problems in Kuhn’s theory of science ensures that there is input from the external world into scientists’ belief-systems. I follow Hoyningen-Huene in pointing to the causal role played by the external world in determining perceptual states. I next turn to the question of whether Kuhn’s rejection of foundationalism implies coherentism. I argue that Kuhn’s rejection of the one-to-one relation between object and experience is compatible with a foundationalist account of justification. Nor does Kuhn’s rejection of the given entail the same coherentist implications as Sellars’ critique of the myth of the given. (shrink)

Modes-of-being figure centrally in Heidegger's masterwork Being and Time. Testimony to this is Heidegger's characterisation of two of his most celebrated enquiries—the Existential analytic and the Zeug analysis—as investigations into the respective modes-of-being of the entities concerned. Yet despite the importance of this concept, commentators disagree widely about what a mode-of-being is. In this paper, I systematically outline and defend a novel and exegetically grounded interpretation of this concept. Strongly opposed to Kantian readings, such as those advocated by Taylor Carman (...) and Cristina Lafont, I interpret a mode-of-being as a universal that defines a district —that is, a natural class of entities that ought to be conceptualised in a special way. As such, every mode-of-being plays an important metaphysical and epistemic role: serving both to unify a natural class of a high degree of generality and as the interpretandum of an act yielding the basic-concepts pertaining to the entities therein. In explicating and arguing for this interpretation, I attribute a characteristically Aristotelian philosophical position to the early Heidegger, encompassing both metaphysical and epistemological realism and a conceptualist theory of universals. (shrink)

Ryan Tonkens has issued a seemingly impossible challenge, to articulate a comprehensive ethical framework within which artificial moral agents satisfy a Kantian inspired recipe—"rational" and "free"—while also satisfying perceived prerogatives of machine ethicists to facilitate the creation of AMAs that are perfectly and not merely reliably ethical. This series of papers meets this challenge by landscaping traditional moral theory in resolution of a comprehensive account of moral agency. The first paper established the challenge and set out autonomy in Aristotelian terms. (...) The present paper interprets Kantian moral theory on the basis of the preceding introduction, argues contra Tonkens that an engineer does not violate the categorical imperative in creating Kantian AMAs, and proposes that a Kantian AMA is not only a possible goal for Machine ethics research, but a necessary one. (shrink)

Eliminativists sometimes invoke evolutionary debunking arguments against ordinary object beliefs, either to help them establish object skepticism or to soften the appeal of commonsense ontology. I argue that object debunkers face a self-defeat problem: their conclusion undermines the scientific support for one of their premises, because evolutionary biology depends on our object beliefs. Using work on reductionism and multiple realizability from the philosophy of science, I argue that it will not suffice for an eliminativist debunker to simply appeal to some (...) object-free surrogate theory of evolution that results from converting any scientific proposition about some object K into a proposition about simples arranged K-wise. In the process, I examine some hazards peculiar to eliminative reductions of scientific theories, and propose a trilemma for eliminativists who attempt to recoup generality for ontologically sparse reducing theories by appealing to pluralities of simples arranged K-wise. The paper is intended to define and develop the object debunker’s self-defeat problem for further study, and to clarify some of the ways sparse and abundant ontologies interact with scientific theory. (shrink)

This reader has been assembled in response to increasing dissatisfaction among a growing number of international relations scholars with the currently dominant theory of realism as well as in recognition of the large number of newly independent states which are having to write new constitutions and develop foreign relations. The book includes excerpts and essays from political theory and international relations which provide a starting point for further study of these subjects. It draws together writings representing two distinct traditions and (...) demonstrates their interconnections. In political theory, excerpts are drawn from classical texts which have an important bearing on problems of international relations. In international relations, the collection includes essays which have had a seminal influence on the development of this discipline. (shrink)

The following is simultaneously an essay in sociological theory, in cultural sociology, and in the empirical reconstruction of postwar Western history. Per theory, it introduces and specifies a model of cultural trauma - a model that combines a strong cultural program with concern for institutional and power effects - and applies it to large-scale collectivities over extended periods of time. Per cultural sociology, the essay demonstrates that even the most calamitous and biological of social facts - the prototypical evil of (...) genocidal mass murder - can be understood only inside of symbolic codes and narratives; that these frames change substantially depending on social circumstances; and that this culture process is critical to establishing understandings of moral responsibility. Empirically, this essay documents, in social and cultural detail, using both secondary and primary sources, how it was that the `Holocaust' gradually became the dominant symbolic representation of evil in the late twentieth century, and what its consequences have been for the development of a supra-national moral universalism that may restrict genocidal acts in the future. (shrink)