Aspects of Law and Legal Systems -- Courts and Legal Reasoning -- Making, Justifying, and Evaluating Law -- Law and Individual Obligation -- Private Law -- Criminal Law -- Sentencing and punishment-- Statutes -- Constitutions -- International Law.

Retributive restrictions are principles of justice according to which what a criminal deserves on account of his individual conduct and character restricts how states are morally permitted to treat him. The main arguments offered in defense of retributive restrictions involve thought experiments in which the state punishes the innocent, a practice known as telishment. In order to derive retributive restrictions from the wrongness of telishment, one must engage in moral argument from generalization. I show how generalization arguments of the same (...) form can be used subversively to derive morally unacceptable conclusions from other scenarios in which the state intentionally inflicts undeserved coercion. For example, our considered moral convictions approve of punishment policies that inflict collateral damage, such as the ubiquitous policy of excluding the family members of inmates from prison facilities outside visiting hours. I present a generalization argument for the conclusion that these policies are seriously unjust. If we firmly believe that these policies are not unjust, then we should put less stock in generalization arguments. We should not use them to support retributive restrictions. This conclusion has broad implications for the theory and practice of criminal justice. (shrink)

In response to the charge that deontic ("argent-centered") restrictions are paradoxical, several recent writers suggest that such restrictions find support within T.M. Scanlon's contractualism. I suggest that this claim is only interesting if these restrictions are stronger than those supported by indirect consequentialism. I argue that contractualism cannot support restrictions any stronger than those supported by indirect consequentialism. The contractualists have mislocated the source of the paradox, which arises under any theory that defines right action in patient-focused terms. Consequentialism and (...) contractualism share this feature, so contractualism cannot support stronger deontic restrictions than consequentialism supports. (shrink)

: Biomedical ethicists often assume that common morality constitutes a largely consistent normative system. This premise is not taken for granted in general normative ethics. This paper entertains the possibility of inconsistency within common morality and explores methodological implications. Assuming common morality to be inconsistent casts new light on the debate between principlists and descriptivists. One can view the two approaches as complementary attempts to evade or transcend that inconsistency. If common morality proves to be inconsistent, then principlists might have (...) reason to prefer a less pluralistic theory, thereby moving closer to descriptivism. Descriptivists, by contrast, might want to qualify their claim to accommodate all of people's basic moral convictions. Finally, both camps might wish to adopt a more revisionist posture, accepting that an adequate ethical theory occasionally will contradict some of people's deepest moral convictions. Proper application of the method of reflective equilibrium, to which both descriptivists and principlists claim allegiance, may entail greater openness to revisionism than either camp admits. (shrink)

Introduction -- Practical reasons and judicial use of force -- Deviating from legal standards -- The legal duties of judges -- The normative classification of legal results -- Reasons to deviate -- Adherence rules -- Obeying adherence rules -- The judicial oath -- Legal duty and political obligation -- Systemic effects -- Agent-relative principles -- Optimal adherence rules -- Guidance rules -- Treating like cases alike -- Implementation -- Theoretical implications -- Conclusion.

Legal theorists in this century have often perceived a need for a theory capable of occupying a stable middle ground between natural law theory and nineteenth-century legal positivism. The prolific German-American legal philosopher, Hans Kelsen, was perhaps not the first to feel the need for such a theory, but he was certainly among the first to attempt to construct one. n1 Although Kelsen's own efforts failed, in many ways they defined the ambitions of twentieth-century legal theory and inspired others to (...) take up the challenge. In order to understand the nature of the challenge, which confronts us still today, it is helpful to examine central difficulties with Kelsen's own Pure Theory of Law. (shrink)

Principle monists believe that our moral duties, such as fidelity and non-maleficence, can be justified in terms of one basic moral principle. Principle pluralists disagree, some suggesting that only an excessive taste for simplicity or a desire to mimic natural science could lead one to endorse monism. In Ideal Code, Real World (Oxford, 2000), Brad Hooker defends a monist theory, employing the method of reflective equilibrium to unify the moral duties under a version of rule consequentialism. Hooker's arguments have drawn (...) powerful criticisms from pluralists such as Alan Thomas, Phillip Montague and Philip Stratton-Lake. Against these critics, I argue that Hooker's monism enjoys certain practical advantages associated with the simplicity of a single basic principle. These advantages are often overlooked because they appear primarily in cases of second-order deliberation, in which one must decide whether our basic moral duties support a certain derivative duty. I argue that these advantages of monism over pluralism are analogous to the advantages that generalists claim over moral particularism. Because pluralists are generalists, I conclude that they are in an awkward dialectical position to dismiss Hooker's monism for the reasons they usually offer. (shrink)

This best-selling anthology of readings with case studies provides insightful and comprehensive treatment of ethical issues in medicine. Appropriate for courses taught in philosophy departments, bioethics programs, as well as schools of medicine and nursing, the collection covers such provocative topics as biomedical enhancement, clinical trials in developing countries, animal research, physician-assisted suicide, and health care reform. The text's effective pedagogical features include chapter introductions, argument sketches, explanations of medical terms, headnotes, and annotated bibliographies.

This essay, by the editor of Common Knowledge, introduces the sixth and final installment of “Fuzzy Studies,” the journal's “Symposium on the Consequence of Blur.” Suggesting that “Fuzzy Studies” should be understood in the context of a desultory campaign against zeal conducted in the journal for almost twenty years, he explains that the editors' assumption has been that any authentic case for the less adamant modes of thinking, or the less focused ways of seeing, needs to be unenthusiastic and carefully (...) ramified. To establish the distinction between overenthused and unemphatic approaches to blur, he contrasts the ecstatically amorphous “Blur building” with examples of classical Chinese landscape painting. Elizabeth Diller and Richard Scofidio, in their book blur: the making of nothing, chronicle the development of their plans for the Blur building and, in the process, inadvertently show that, to overbear various negative associations of blur and fog, the authors/architects grew self-contradictorily emphatic about the need to produce de-emphasis in architecture and in modern life. Perl shows how this self-contradiction appears also in phenomenology-inflected writings on blur by T. J. Clark, Yve-Alain Bois and Rosalind Kraus, J.-P. Sartre, and Georges Bataille, but not in the work of the phenomenologist François Jullien, whose book The Great Image Has No Form analyzes the role of blur in classical Chinese art theory and practice. Where traditional Western painting, Jullien argues, calls for voyeuristically intense focus, traditional Chinese painting stimulates “dé-tente, relaxation or ‘untensing’.” Intense focus on a blur is still, Perl observes, an intense focus. In describing a painting by the Yuan Dynasty master Ni Zan, Perl concludes that the only way to be un-self-contradictorily positive about fuzziness, whether in logic or aesthetics, is to de-reify and de-differentiate with the aim of achieving blandness. (shrink)

This essay, by the editor of Common Knowledge, introduces the sixth and final installment of “Fuzzy Studies,” the journal's “Symposium on the Consequence of Blur.” Suggesting that “Fuzzy Studies” should be understood in the context of a desultory campaign against zeal conducted in the journal for almost twenty years, he explains that the editors' assumption has been that any authentic case for the less adamant modes of thinking, or the less focused ways of seeing, needs to be unenthusiastic and carefully (...) ramified. To establish the distinction between overenthused and unemphatic approaches to blur, he contrasts the ecstatically amorphous “Blur building” (on Switzerland's Lake Neuchâtel) with examples of classical Chinese landscape painting. Elizabeth Diller and Richard Scofidio, in their book blur: the making of nothing, chronicle the development of their plans for the Blur building and, in the process, inadvertently show that, to overbear various negative associations of blur and fog, the authors/architects grew self-contradictorily emphatic about the need to produce de-emphasis in architecture and in modern life. Perl shows how this self-contradiction appears also in phenomenology-inflected writings on blur by T. J. Clark, Yve-Alain Bois and Rosalind Kraus, J.-P. Sartre, and Georges Bataille, but not in the work of the phenomenologist (and sinologist) François Jullien, whose book The Great Image Has No Form analyzes the role of blur in classical Chinese art theory and practice. Where traditional Western painting, Jullien argues, calls for voyeuristically intense focus, traditional Chinese painting stimulates “dé-tente, relaxation or ‘untensing’.” Intense focus on a blur is still, Perl observes, an intense focus. In describing a painting by the Yuan Dynasty master Ni Zan, Perl concludes that the only way to be un-self-contradictorily positive about fuzziness, whether in logic or aesthetics, is to de-reify and de-differentiate with the aim of achieving blandness. (shrink)

Jeffrey E. Brower presents and explains the hylomorphic conception of the material world developed by Thomas Aquinas, according to which material objects are composed of both matter and form. In addition to presenting and explaining Aquinas's views, Brower seeks wherever possible to bring them into dialogue with the best recent literature on related topics. Along the way, he highlights the contribution that Aquinas's views make to a host of contemporary metaphysical debates, including the nature of change, composition, material constitution, (...) the ontology of stuff vs. things, the proper analysis of ordinary objects, the truthmakers for essential vs. accidental predication, and the metaphysics of property possession. (shrink)

The cerebral cortex is a rich and diverse structure that is the basis of intelligent behavior. One of the deepest mysteries of the function of cortex is that neural processing times are only about one hundred times as fast as the fastest response times for complex behavior. At the very least, this would seem to indicate that the cortex does massive amounts of parallel computation.This paper explores the hypothesis that an important part of the cortex can be modeled as a (...) connectionist computer that is especially suited for parallel problem solving. The connectionist computer uses a special representation, termed value unit encoding, that represents small subsets of parameters in a way that allows parallel access to many different parameter values. This computer can be thought of as computing hierarchies of sensorimotor invariants. The neural substrate can be interpreted as a commitment to data structures and algorithms that compute invariants fast enough to explain the behavioral response times. A detailed consideration of this model has several implications for the underlying anatomy and physiology. (shrink)

Would God's existence be a good thing for us? According to anti-theism, the answer is No. Probably, many theists will want to reject anti-theism. But it isn’t obvious why. After all, whether p is good for us is logically independent from whether p is true. So anti-theism seems entirely compatible with theism. In this essay, however, I argue this seeming compatibility is mistaken. If anti-theism is true, then the theism of most practicing believers is false. And if I am right (...) about this, then anti-theism presents a serious challenge to traditional theistic belief, notably theistic belief anchored in the Bible. (shrink)

While there are many competing accounts and scales of intellectual humility, philosophers and psychologists are generally united in treating it as an epistemically _beneficial_ disposition of _individual_ agents. I call the research guided by this supposition the _traditional approach_ to studying intellectual humility. The traditional approach is entirely understandable in light of recent findings that individual differences in intellectual humility are associated with various deleterious epistemic tendencies. Nonetheless, I argue that its near monopoly has resulted in an underestimation of important (...) limitations of human cognition. In particular, it neglects the fact that intellectual arrogance can be both deeply recalcitrant and significantly beneficial for bounded cognitive agents whose reliance on one another is profound. I propose to integrate these insights into the study of intellectual humility by treating it as a _collective virtue_ that gets manifested in the structure of epistemic environments. More specifically, it is an interactive virtue that harnesses and constrains intellectual arrogance to yield benefits for both individuals and collectives. I claim that this can happen only within _humbling environments_, such as forecasting tournaments and open institutional science. (shrink)

Preface : plant theory? -- The first birth of biopower : from plant to animal life in Foucault -- Thinking plants, with Aristotle and Heidegger -- Animal and plant, life and world in Derrida, or, The plant and the sovereign -- From the world to the territory : vegetable life in Deleuze and Guattari, or, What is a rhizome? -- Coda : what difference does it make?

This book uses the psychological literature on rationality to weigh in on the recent debate between virtue epistemologists and epistemic situationists. It argues that both sides have misconstrued the literature and that an interactionist framework is needed to square epistemic theory with empirical facts about reasoning and inference. The explosion of empirical literature on human rationality has led to seismic shifts across a multitude of academic disciplines. This book considers its implications for epistemology. In particular, it critically evaluates the treatment (...) of the rationality literature within the recent controversy between virtue epistemologists, who attempt to ground knowledge in stable epistemic virtues, and epistemic situationists, who claim that such a project is doomed by empirical evidence of widespread irrationality. It links this foundational controversy to two of the most important debates in psychology: the Rationality Wars and the person-situation debate. The book argues that both virtue theorists and epistemic situationists have misunderstood the implications of these debates, leading them to focus exclusively on personal dispositions and situational factors as two independent sources of epistemic success, failure, and improvement. A more accurate reading of the empirical literature implies that interactions between epistemic agents and their social, informational, and institutional environments are the fundamental drivers of both rational and irrational behaviour. An interactionist framework motivated by this insight conceives of epistemic virtues and vices as both responsive to and responsible for the environments in which they're manifested and cultivated. The central aim of this book is to present and defend this novel type of virtue epistemology. Rationality in Context will be of interest to scholars and advanced students working in epistemology, philosophy of science, philosophy of psychology, cognitive psychology, and social psychology. (shrink)

Closest-possible-world analyses of counterfactuals suffer from what has been called the ‘problem of counterpossibles’: some counterfactuals with metaphysically impossible antecedents seem plainly false, but the proposed analyses imply that they are all (vacuously) true. One alleged solution to this problem is the addition of impossible worlds. In this paper, I argue that the closest possible or impossible world analyses that have recently been suggested suffer from the ‘new problem of counterpossibles’: the proposed analyses imply that some plainly true counterpossibles (viz., (...) ‘counterlogicals’) are false. After motivating and presenting the ‘new problem’, I give reasons to think that the most plausible objection to my argument is not compelling. (shrink)

This is annotated bibliography of the field of business ethics. It identifies and summarizes useful journals, textbooks, anthologies, and articles.

Much of the progress in the fields constituting cognitive science has been based upon the use of explicit information processing models, almost exclusively patterned after conventional serial computers. An extension of these ideas to massively parallel, connectionist models appears to offer a number of advantages. After a preliminary discussion, this paper introduces a general connectionist model and considers how it might be used in cognitive science. Among the issues addressed are: stability and noise‐sensitivity, distributed decision‐making, time and sequence problems, and (...) the representation of complex concepts. (shrink)

What can we know about God by reason alone? Philosophical theology is the attempt to obtain such knowledge. An ancient tradition, which is perhaps more influential now than ever, tries to derive the attributes of God from the principle that God is the greatest possible being. Jeff Speaks argues that that constructive project is a failure. He also argues that the related view that the concept of God is the concept of a greatest possible being is a mistake. In the (...) last chapter, he sketches an alternative path forward. (shrink)

This Element has two aims. The first is to discuss arguments philosophers have made about the difference God's existence might make to questions of general interest in metaethics. The second is to argue that it is a mistake to think we can get very far in answering these questions by assuming a thin conception of God, and to suggest that exploring the implications of thick theisms for metaethics would be more fruitful.

This article suggests an iconic turn in cultural sociology. Icons can be seen, it is argued, as symbolic condensations that root social meanings in material form, allowing the abstractions of cognition and morality to be subsumed, to be made invisible, by aesthetic shape. Meaning is made iconically visible, in other words, by the beautiful, sublime, ugly, or simply by the mundane materiality of everyday life. But it is via the senses that iconic power is made. This new approach to meaning (...) is compared with others — with materialism, semiotics, aestheticism, moralism, realism, and spiritualism. (shrink)

The cerebral cortex is a rich and diverse structure that is the basis of intelligent behavior. One of the deepest mysteries of the function of cortex is that neural processing times are only about one hundred times as fast as the fastest response times for complex behavior. At the very least, this would seem to indicate that the cortex does massive amounts of parallel computation.This paper explores the hypothesis that an important part of the cortex can be modeled as a (...) connectionist computer that is especially suited for parallel problem solving. The connectionist computer uses a special representation, termed value unit encoding, that represents small subsets of parameters in a way that allows parallel access to many different parameter values. This computer can be thought of as computing hierarchies of sensorimotor invariants. The neural substrate can be interpreted as a commitment to data structures and algorithms that compute invariants fast enough to explain the behavioral response times. A detailed consideration of this model has several implications for the underlying anatomy and physiology. (shrink)

Sandra Harding is working on the reconstruction of scientific objectivity. Lorraine Daston argues that objectivity is a concept that has historically evolved. Her account of the development of "aperspectival objectivity" provides an opportunity to see Harding's "strong objectivity" project as a stage in this evolution, to locate it in the history of migration of ideals from moral philosophy to natural science, and to support Harding's desire to retain something of the ontological significance of objectivity.

Justice requires giving people what they deserve. Or so many philosophers – and according to many of those philosophers, everyone else – thought for centuries. In the 1970’s and 1980’s, however, perhaps under the influence of Rawls’s (1971) desert-less theory, desert was largely cast out of discussions of distributive justice. Now it is making a comeback. In this chapter I consider recent research on the concept of desert, arguments for its requital, and connections between desert and other distributive ideals. I (...) suggest that desert-sensitive theories of distributive justice, though they face obstacles, have a promising future. (shrink)

Jeffrey Bloechl traces the evolution of Levinas's thought to argue that his conception of God is dependent on his existential phenomenology.

Recently in this journal, Jessica Morley and colleagues (AI & SOC 2023 38:411–423) review AI ethics and education, suggesting that a cultural shift is necessary in order to prepare students for their responsibilities in developing technology infrastructure that should shape ways of life for many generations. Current AI ethics guidelines are abstract and difficult to implement as practical moral concerns proliferate. They call for improvements in ethics course design, focusing on real-world cases and perspective-taking tools to immerse students in challenging (...) situations with relatable personal, social and environmental implications. The present paper considers the ACTWith model of moral cognition for use in such training contexts. Morley and colleagues' paper and contemporary literature are reviewed. Whistleblowing as a source for relatable case studies is discussed, and the purpose of ethics education considered. The ACTWith model is introduced, and correlations with contemporaries noted. The ACTWith model has been successfully employed in a broad range of technology ethics courses in the Netherlands and South Korea. Illustrations are offered. Correlations with contemporary efforts are drawn in the context of software engineering. Summary discussion considers strengths and limitations of the ACTWith program. Overall, the paper emphasizes training high-level moral reasoning through guided inquiry education informing lifetime professional practice, and indicates an outstanding need for teachers able to do the job. (shrink)

Few notions are more central to Aquinas’s thought than those of matter and form. Although he invokes these notions in a number of different contexts, and puts them to a number of different uses, he always assumes that in their primary or basic sense they are correlative both with each other and with the notion of a “hylomorphic compound”—that is, a compound of matter (hyle) and form (morphe). Thus, matter is an entity that can have form, form is an entity (...) that can be had by matter, and a hylomorphic compound is an entity that exists when the potentiality of some matter to have form is actualized.1 What is more, Aquinas assumes that the matter of a hylomorphic compound explains certain of its general characteristics, whereas its form explains certain of its more specific characteristics. Thus, the matter of a bronze statue explains the fact that it is bronze, whereas its form explains the fact that it is a statue. Again, the matter of a human being explains the fact that it is a material object, whereas its form explains the specific type of material object it is (namely, human). My aim in this chapter is to provide a systematic introduction to Aquinas’s primary or basic notions of matter and form. To accomplish this aim, I focus on the two main theoretical contexts in which he deploys them—namely, his theory of change and his theory of individuation. In both contexts, as we shall see, Aquinas appeals to matter and form to account for relations of sameness and difference holding between distinct individuals. (shrink)

We prove several results about groups of finite Morley rank without unipotent p-torsion: p-torsion always occurs inside tori, Sylow p-subgroups are conjugate, and p is not the minimal prime divisor of our approximation to the "Weyl group". These results are quickly finding extensive applications within the classification project.

Soren Kierkegaard's Fear and Trembling is one of the most widely read works of Continental philosophy and the philosophy of religion. While several commentaries and critical editions exist, Jeffrey Hanson offers a distinctive approach to this crucial text. Hanson gives equal weight and attention to all three of Kierkegaard’s "problems," dealing with Fear and Trembling as part of the entire corpus of Kierkegaard's production and putting all parts into relation with each other. Additionally, he offers a distinctive analysis of (...) the Abraham story and other biblical texts, giving particular attention to questions of poetics, language, and philosophy, especially as each relates to the aesthetic, the ethical, and the religious. Presented in a thoughtful, well-informed, and fresh manner, Hanson’s claims are original and edifying. This new reading of Kierkegaard will stimulate fruitful dialogue on well-traveled philosophical ground. (shrink)