The thesis of this short article is that the various "theories" of punishment correlate to a series of mental states attributed to the recipients of punishment by those who punish them. The dimension of the series is the degree of awareness of the wrong-Doer of various salient features of his act. The series is developmental in an ideal sense. Some reflections are offered about why the incapacitative theory underlies the whole series, And why the retributive theory constitutes its terminus. It (...) is suggested that punishment can never be nice but is not thereby shown to be bad. (shrink)

This is a philosophical and historical investigation of the role of inconsistent representations of the same scientific phenomenon. The logical difficulties associated with the simultaneous application of inconsistent models are discussed. Internally inconsistent scientific proposals are characterized as structures whose application is necessarily tied to the confirming evidence that each of its components enjoys and to a vision of the general form of the theory that will resolve the inconsistency. Einstein's derivation of the black body radiation law is used as (...) an example application of such a strategy and is contrasted with planck's derivation. (shrink)

We add texture to the conclusion of Duchon and Drake (Journal of Business Ethics, 85, 2009, 301) that extreme narcissism is associated with unethical conduct. We argue that the special features possessed by financial accounting facilitate extreme narcissism in susceptible CEOs. In particular, we propose that extremely narcissistic CEOs are key players in a recurring discourse cycle facilitated by financial accounting language and measures. Such CEOs project themselves as the corporation they lead, construct a narrative about the corporation and themselves (...) using financial accounting measures, and then reflect on how their accounting-constructed performance is perceived by stakeholders. We do not present empirical evidence about whether the use of accounting language and measures leads to unethical behaviour by extreme narcissistic CEOs — although the conclusions of Duchon and Drake (2009) suggest empirical support is probable. Rather, we focus on developing alertness to the potential for accounting, when engaged by an extremely narcissistic CEO, to be a precursor or implement of unethical behaviour. (shrink)

I argue here that the ways we experience, think about, and treat pain are bound up with sociocultural and technological phenomena that shape our desires and expectations. I propose a way of imagining caring for and offering healing to those who suffer pain informed by the Christian theological tradition. This way does not aspire to replace the care and healing made possible by modern medicine, but rather to place it within the common life of a community of mutual love, hospitality, (...) and reciprocal care. (shrink)

The death penalty by lethal injection is a legal punishment in the United States. Sodium Thiopental, once used in the death penalty cocktail, is no longer available for use in the United States as a consequence of this association. Anesthesiologists possess knowledge of Sodium Thiopental and possible chemical alternatives. Further, lethal injection has the look and feel of a medical act thereby encouraging physician participation and comment. Concern has been raised that the death penalty by lethal injection, is cruel. Physicians (...) are ethically directed to prevent cruelty within the doctor-patient relationship and ethically prohibited from participation in any component of the death penalty. The US Supreme Court ruled that the death penalty is not cruel per se and is not in conflict with the 8th amendment of the US constitution. If the death penalty is not cruel, it requires no further refinement. If, on the other hand, the death penalty is in fact cruel, physicians have no mandate outside of the doctor patient relationship to reduce cruelty. Any intervention in the name of cruelty reduction, in the setting of lethal injection, does not lead to a more humane form of punishment. If physicians contend that the death penalty can be botched, they wrongly direct that it can be improved. The death penalty cocktail, as a method to reduce suffering during execution, is an unverifiable claim. At best, anesthetics produce an outward appearance of calmness only and do not address suffering as a consequence of the anticipation of death on the part of the condemned. (shrink)

In this paper, I outline two strands of evidence for the conclusion that the dynamical approach to cognitive science both seeks and provides covering law explanations. Two of the most successful dynamical models—Kelso’s model of rhythmic finger movement and Thelen et al.’s model of infant perseverative reaching—can be seen to provide explanations which conform to the famous explanatory scheme first put forward by Hempel and Oppenheim. In addition, many prominent advocates of the dynamical approach also express the provision of this (...) kind of explanation as a goal of dynamical cognitive science. I conclude by briefly outlining two consequences. First, dynamical cognitive science’s explanatory style may strengthen its links to the so-called “situated” approach to cognition, but, secondly, it may also undermine the widespread intuition that dynamics is related to emergentism in the philosophy of mind. (shrink)

A cardinal κ is tall if for every ordinal θ there is an embedding j: V → M with critical point κ such that j > θ and Mκ ⊆ M. Every strong cardinal is tall and every strongly compact cardinal is tall, but measurable cardinals are not necessarily tall. It is relatively consistent, however, that the least measurable cardinal is tall. Nevertheless, the existence of a tall cardinal is equiconsistent with the existence of a strong cardinal. Any tall cardinal (...) κ can be made indestructible by a variety of forcing notions, including forcing that pumps up the value of 2κ as high as desired. (shrink)

The concept of empathy has received much attention from philosophers and also from both cognitive and social psychologists. It has, however, been given widely conflicting definitions, with some taking it primarily as an epistemological notion and others as a social one. Recently, empathy has been closely associated with the simulationist approach to social cognition and, as such, it might be thought that the concept’s utility stands or falls with that of simulation itself. I suggest that this is a mistake. Approaching (...) the question of what empathy is via the question of what it is for, I claim that empathy plays a distinctive epistemological role: it alone allows us to know how others feel. This is independent of the plausibility of simulationism more generally. With this in view I propose an inclusive definition of empathy, one likely consequence of which is that empathy is not a natural kind. It follows that, pace a number of empathy researchers, certain experimental paradigms tell us not about the nature of empathy but about certain ways in which empathy can be achieved. I end by briefly speculating that empathy, so conceived, may also play a distinctive social role, enabling what I term ‘transparent fellow-feeling’. (shrink)

Logical analyses of scientific representations of the world have usually focused on axiomatized or axiomatizable theories. As practiced, science seldom employs such theories. Rather, we find aggregations of claims, the logical relations of which are not as neat as philosophers of science might like them to be. Indeed, a common feature of such aggregations is the presence of certain “theoretical anomalies,” statements that are in some way incompatible with the remainder of the corpus. Huygens’ description of light as exhibiting an (...) asymmetry with respect to its direction of propagation in polarization phenomena was such an anomaly because of its inconsistency with his account of light as longitudinal waves in a medium. (See Sabra 1981, pp. 226-227.) Although the occurrence of these anomalies is indicative of a problem that must be dealt with, inconsistent representations of the world are not without significant heuristic value. (shrink)

A defense of amorality as both philosophically justified and practicably livable. While in synch with their underlying aim of grounding human existence in a naturalistic metaphysics, this book takes both the new atheism and the mainstream of modern ethical philosophy to task for maintaining a complacent embrace of morality. It advocates instead replacing the language of morality with a language of desire. The book begins with an analysis of what morality is and then argues that the concept is not instantiated (...) in reality. Following this, the question of belief in morality is addressed: How would human life be affected if we accepted that morality does not exist? The book argues that at the very least, a moralist would have little to complain about in an amoral world, and at best we might hope for a world that was more to our liking overall. An extended look at the human encounter with nonhuman animals serves as an illustration of amorality’s potential to make both theoretical and practical headway in resolving heretofore intractable ethical problems. (shrink)

The second volume in Joel Feinberg's series The Moral Limits of the Criminal Law, Offense to Others focuses on the "offense principle," which maintains that preventing shock, disgust, or revulsion is always a morally relevant reason for legal prohibitions. Feinberg clarifies the concept of an "offended mental state" and further contrasts the concept of offense with harm. He also considers the law of nuisance as a model for statutes creating "morals offenses," showing its inadequacy as a model for understanding (...) "profound offenses," and discusses such issues as obscene words and social policy, pornography and the Constitution, and the differences between minor and profound offenses. (shrink)

Many phylogenetic systematists have criticized the Biological Species Concept (BSC) because it distorts evolutionary history. While defenses against this particular criticism have been attempted, I argue that these responses are unsuccessful. In addition, I argue that the source of this problem leads to previously unappreciated, and deeper, fatal objections. These objections to the BSC also straightforwardly apply to other species concepts that are not defined by genealogical history. What is missing from many previous discussions is the fact that the Tree (...) of Life, which represents phylogenetic history, is independent of our choice of species concept. Some species concepts are consistent with species having unique positions on the Tree while others, including the BSC, are not. Since representing history is of primary importance in evolutionary biology, these problems lead to the conclusion that the BSC, along with many other species concepts, are unacceptable. If species are to be taxa used in phylogenetic inferences, we need a history-based species concept. (shrink)

Does natural selection explain why individual organisms have the traits that they do? According to "the Negative View," natural selection does not explain why any individual organism has the traits that it does. According to "the Positive View," natural selection at least sometimes does explain why an individual organism has the traits that it does. In this paper, I argue that recent arguments for the Positive View fail in virtue of running afoul of the doctrine of origin essentialism and I (...) demonstrate that other recent defenses of the Negative View depend upon my own for their plausibility. (shrink)

Applying the seed concept to Prikry tree forcing P μ , I investigate how well P μ preserves the maximality property of ordinary Prikry forcing and prove that P μ Prikry sequences are maximal exactly when μ admits no non-canonical seeds via a finite iteration. In particular, I conclude that if μ is a strongly normal supercompactness measure, then P μ Prikry sequences are maximal, thereby proving, for a large class of measures, a conjecture of W. Hugh Woodin's.

Ecology has often been characterized as an immature scientific discipline. This paper explores some of the sources of this alleged immaturity. I argue that the perception of immaturity results primarily from the fact that historically ecologists have based their work upon two very different approaches to research.

Infinite time Turing machines extend the operation of ordinary Turing machines into transfinite ordinal time. By doing so, they provide a natural model of infinitary computability, a theoretical setting for the analysis of the power and limitations of supertask algorithms.

In this paper, we take moral agency to be that context in which a particular agent can, appropriately, be held responsible for her actions and their consequences. In order to understand moral agency, we will discuss what it would take for an artifact to be a moral agent. For reasons that will become clear over the course of the paper, we take the artifactual question to be a useful way into discussion but ultimately misleading. We set out a number of (...) conceptual pre-conditions for being a moral agent and then outline how one should — and should not — go about attributing moral agency. In place of a litmus test for such an agency — such as Allen et al.'s Moral Turing Test — we suggest some tools from the conceptual spaces theory and the unified conceptual space theory for mapping out the nature and extent of that agency. (shrink)

We present several generalizations of the well-known Kunen inconsistency that there is no nontrivial elementary embedding from the set-theoretic universe V to itself. For example, there is no elementary embedding from the universe V to a set-forcing extension V[G], or conversely from V[G] to V, or more generally from one set-forcing ground model of the universe to another, or between any two models that are eventually stationary correct, or from V to HOD, or conversely from HOD to V, or indeed (...) from any definable class to V, among many other possibilities we consider, including generic embeddings, definable embeddings and results not requiring the axiom of choice. We have aimed in this article for a unified presentation that weaves together some previously known unpublished or folklore results, several due to Woodin and others, along with our new contributions. (shrink)

The Gap Forcing Theorem, a key contribution of this paper, implies essentially that after any reverse Easton iteration of closed forcing, such as the Laver preparation, every supercompactness measure on a supercompact cardinal extends a measure from the ground model. Thus, such forcing can create no new supercompact cardinals, and, if the GCH holds, neither can it increase the degree of supercompactness of any cardinal; in particular, it can create no new measurable cardinals. In a crescendo of what I call (...) exact preservation theorems, I use this new technology to perform a kind of partial Laver preparation, and thereby finely control the class of posets which preserve a supercompact cardinal. Eventually, I prove the ‘As You Like It’ Theorem, which asserts that the class of κ -directed closed posets which preserve a supercompact cardinal κ can be made by forcing to conform with any pre-selected local definition which respects the equivalence of forcing. Along the way I separate completely the levels of the superdestructibility hierarchy, and, in an epilogue, prove that the notions of fragility and superdestructibility are orthogonal — all four combinations are possible. (shrink)

Highly concentrated intensive confinement systems have become the norm in agriculture concerning nonhuman animals. These systems have provoked a lively debate from an animal welfare perspective. Sociologists can contribute to this debate by drawing parallels between the institutional regulation of human beings and of animals under confinement. Results of research on the transformation of Canadian hog production from the 1950s to the present—based on the evolution of plans for sow housing produced by the Canada Plan Service—showed a much tighter compression (...) of hog bodies and reproduction in space and time. The prevalence of behavioral stereotypes, however, indicates imperfect animal socialization and reconfiguration. The concept of discipline is a useful perspective that could bridge the gap between the regulations of humans in industrial societies and of pigs in intensive confinement. This concept derived from elements of labor process and Foucauldian and post-humanist theories. (shrink)

Bayesian methods have become among the most popular methods in phylogenetics, but theoretical opposition to this methodology remains. After providing an introduction to Bayesian theory in this context, I attempt to tackle the problem mentioned most often in the literature: the “problem of the priors”—how to assign prior probabilities to tree hypotheses. I first argue that a recent objection—that an appropriate assignment of priors is impossible—is based on a misunderstanding of what ignorance and bias are. I then consider different methods (...) of assigning prior probabilities to trees. I argue that priors need to be derived from an understanding of how distinct taxa have evolved and that the appropriate evolutionary model is captured by the Yule birth–death process. This process leads to a well-known statistical distribution over trees. Though further modifications may be necessary to model more complex aspects of the branching process, they must be modifications to parameters in an underlying Yule model. Ignoring these Yule priors commits a fallacy leading to mistaken inferences both about the trees themselves and about macroevolutionary processes more generally. (shrink)

A phylogeny that allows for lateral gene transfer (LGT) can be thought of as a strictly branching tree (all of whose branches are vertical) to which lateral branches have been added. Given that the goal of phylogenetics is to depict evolutionary history, we should look for the best supported phylogenetic network and not restrict ourselves to considering trees. However, the obvious extensions of popular tree-based methods such as maximum parsimony and maximum likelihood face a serious problem—if we judge networks by (...) fit to data alone, networks that have lateral branches will always fit the data at least as well as any network that restricts itself to vertical branches. This is analogous to the well-studied problem of overfitting data in the curve-fitting problem. Analogous problems often have analogous solutions and we propose to treat network inference as a case of model selection and use the Akaike Information Criterion (AIC). Strictly tree-like networks are more parsimonious than those that postulate lateral as well as vertical branches. This leads to the conclusion that we should not always infer LGT events whenever it would improve our fit-to-data, but should do so only when the improved fit is larger than the penalty for adding extra lateral branches. (shrink)

Using the lottery preparation, we prove that any strongly unfoldable cardinal $\kappa$ can be made indestructible by all.

In this paper, I examine two versions of the so-called “hierarchical” approach to personal autonomy, based on the notion of “second-order desires”. My primary concern will be with the question of whether these approaches provide an adequate basis for understanding the dynamics of autonomy-ascription. I begin by distinguishing two versions of the hierarchical approach, each representing a different response to the oft-discussed “regress” objection. I then argue that both “structural hierarchicalism” (e.g., Frankfurt, Bratman) and “procedural hierarchicalism” (e.g., Dworkin, Christman, Mele) (...) have difficulties accommodating the dynamics of how the attribution of autonomy to persons is claimed, disputed, and resolved. Although they differ in details, both shortcomings can be traced to viewing autonomy as a metaphysical rather than a normative, practical matter. I conclude by suggesting that these difficulties underscore the advantages of a more constructivist and pragmatist. (shrink)

In its central use “phenomenology” names a movement in twentieth century philosophy. A second use of “phenomenology” common in contemporary philosophy names a property of some mental states, the property they have if and only if there is something it is like to be in them. Thus, it is sometimes said that emotional states have a phenomenology while belief states do not. For example, while there is something it is like to be angry, there is nothing it is like to (...) believe that Paris is in France. Although the two uses of “phenomenology” are related, it is the first which is the current topic. Accordingly, “phenomenological” refers to a way of doing philosophy that is more or less closely related to the corresponding movement. Phenomenology utilizes a distinctive method to study the structural features of experience and of things as experienced. It is primarily a descriptive discipline and is undertaken in a way that is largely independent of scientific, including causal, explanations and accounts of the nature of experience. Topics discussed within the phenomenological tradition include the nature of intentionality, perception, time-consciousness, self-consciousness, awareness of the body and consciousness of others. Phenomenology is to be distinguished from phenomenalism, a position in epistemology which implies that all statements about physical objects are synonymous with statements about persons having certain sensations or sense-data. George Berkeley was a phenomenalist but not a phenomenologist. -/- Although elements of the twentieth century phenomenological movement can be found in earlier philosophers—such as David Hume, Immanuel Kant and Franz Brentano—phenomenology as a philosophical movement really began with the work of Edmund Husserl. Following Husserl, phenomenology was adapted, broadened and extended by, amongst others, Martin Heidegger, Jean-Paul Sartre, Maurice Merleau-Ponty, Emmanuel Levinas and Jacques Derrida. Phenomenology has, at one time or another, been aligned with Kantian and post-Kantian transcendental philosophy, existentialism and the philosophy of mind and psychology. -/- This article introduces some of the central aspects of the phenomenological method and also concrete phenomenological analyses of some of the topics that have greatly exercised phenomenologists. (shrink)

Deonna and Teroni’s The Emotions is both an excellent introduction to philosophical work on emotions and a novel defence of their own Attitudinal Theory. After summarising their discussion of the literature I describe and evaluate their positive view. I challenge their theory on three fronts: their claim that emotions are a form of bodily awareness, their account of what makes an emotion correct, and their account of what justifies an emotion.

This chapter attempts to “re-boot” the discussion of Harry Frankfurt’s approach to autonomy, in the service of a new diagnosis of the strengths and weaknesses of his satisfaction-based ontology of the will. Criticisms of Frankfurt’s work have tended to focus on a lack of normative foundations, often missing Frankfurt’s aim of shifting discussions of autonomy towards a focus on avoiding passivity in how one cares about what one cares about, while still acknowledging the central role of volitional necessity and, especially, (...) self-satisfaction in autonomous agency. Although this approach provides Frankfurt with interesting ways of deflecting criticisms that are ethical in character, the lack of attention to the hermeneutic and linguistic dimensions of our inner life, leaves his approach with insufficient grounds for identifying the passivity of those who are unable or unwilling to engage in genuine self-interpretation. (shrink)

ADVICE TO THE PRIVILEGED ORDERS. INTRODUCTION. 'HE French Revolution is at last not plishment universally acknowledged, beyond contradiction abroad, ...