This first volume in the four-volume series The Moral Limits of the Criminal Law focuses on the "harm principle," the commonsense view that prevention of harm to persons other than the perpetrator is a legitimate purpose of criminal legislation. Feinberg presents a detailed analysis of the concept and definition of harm and applies it to a host of practical and theoretical issues, showing how the harm principle must be interpreted if it is to be a plausible guide to the lawmaker.

This book discusses problems of conceptual analysis as well as normative issues of vital contemporary concern.

This collection concludes with two essays dealing with concepts used in appraising the whole of a person's life: absurdity and self-fulfillment, and their interplay.Dealing with a diverse set of problems in practical and theoretical ethics, ...

My main concern will be to show that it makes sense to speak of the rights of unborn generations against us, and that given the moral judgment that we ought to conserve our environmental inheritance for them, and its grounds, we might well say that future generations /do/ have rights correlative to our present duties toward them. Protecting our environment now is also a matter of elementary prudence, and insofar as we do it for the next generation already here in (...) the persons of our children, it is a matter of love. But from the perspective of our remote descendants it is basically a matter of justice, of respect for their rights. My main concern here will be to examine the concept of a right to better understand how that can be. (shrink)

The Expression of Emotion collects cutting-edge essays on emotional expression written by leading philosophers, psychologists, and legal theorists. It highlights areas of interdisciplinary research interest, including facial expression, expressive action, and the role of both normativity and context in emotion perception. Whilst philosophical discussion of emotional expression has addressed the nature of expression and its relation to action theory, psychological work on the topic has focused on the specific mechanisms underpinning different facial expressions and their recognition. Further, work in both (...) legal and political theory has had much to say about the normative role of emotional expressions, but would benefit from greater engagement with both psychological and philosophical research. In combining philosophical, psychological, and legal work on emotional expression, the present volume brings these distinct approaches into a productive conversation. (shrink)

Since the publication of Wahrheit und Methode in 1960 (Tfibingen), Gadamer's hermeneutics has called forth a varied and fruitful response from the Continent, without receiving anything near the same attention from the English-speaking world. Though E. D. Hirsch thought Gadamer sufficiently important in 1965 to merit an early rebuttal and rehabilitation (Validity in Interpretation [New Haven, Conn., 1967], pp. 245-64), Wahrheit und Methode remained unread in England and America, partly because a translation was not available until 1975 (Truth and Method, (...) ed. Garrett Barden and John Cumming [New York]). Even after that date, Gadamer's influence on Anglo-American debate has been largely secondhand, filtering in through such figures as Paul Ricoeur and Jiurgen Habermas. But a renewed interest in the question of what we are to make of tradition, no doubt spurred in large measure by deconstruction's effort to unmake it, has lent Gadamer a new pertinence. One sign that his stock is on the rise is the publication of Joel Weinsheimer's Gadamer's Hermeneutics, a much needed and admirably written introduction to Truth and Method that should push its value even higher. -- JSTOR (June 12, 2012.). (shrink)

In this article, the authors bring two personal journeys together: one author’s liberationist journey, sparked by a search for justice and liberation in the slums of Guatemala City, and the other’s lifelong commitment to practical theology and spatial justice in South Africa. A practical theology of liberation is the result of life experiences in countries of the Global South amidst the search for justice and liberation. The worlds that come together in this article are René Girard’s mimetic theory, liberation theology (...) and practical theology. This article raises the question of the cross-contextuality of practical theology and the theological application of mimetic theory to develop innovative theological methodologies that respond to the collective woundedness of the urban context in the Global South.Contribution: The main contribution of this article is the use of three seemingly different theological approaches in conjunction. This article opens the door to inform practical theology with René Girard’s mimetic theory and liberation theology. (shrink)

There are conceptual riddles concerning the scope of the term 'harm', three of which provide the excuse for this essay, namely, whether there can be such things as purely moral harms (harm to character), vicarious harms (as I shall call them), and posthumous harms. My discussion of these questions will assume without argument the orthodox jurisprudential analysis of harm as invaded interest, not because I think that account is self-evidently correct or luminously perspicuous, but rather because I wish to explore (...) its implications for the borderline cases of harm, the better to test its adequacy, and to determine the respects in which the concept of self-interest still need s clarification. (shrink)

This article defends the ethical theory of william wollaston against the objections of hume and later writers who uncritically accepted hume's account of what wollaston said. I then argue that the true flaws in wollaston's view that all wrongdoing is false representing are that it cannot explain why some immoral acts are worse than others, And it presupposes antecedent moral principles of a different kind. I conclude that wollaston's theory, While failing as a general account of all immorality, Can nevertheless (...) be used to explain the difference between actions that are specifically unjust and actions that are immoral in other ways. (shrink)

: Vasubandhu, an advocate of the idealist Yogācāra school of Buddhism, argues that the nonexistence of external objects can be inferred from the appearance of nonexistent things in perceptual illusion. The idealist view and the argument from illusion are criticized by proponents of the realist Nyāya school on the grounds that illusory experience is parasitic upon veridical experience. The parasitism objection successfully defeats Vasubandhu's argument from illusion but fails to decisively disprove the idealist view because it remains possible that each (...) illusory experience gets its content from a previous illusory experience in an infinite chain. (shrink)

Fluctuation phenomena are the ''tip of the iceberg'' revealing the existence, behind even the most quiescent appearing macroscopic states, of an underlying world of agitated, ever-changing microscopic processes. While the presence of these fluctuations can be ignored in some cases, e.g. if one is satisfied with purely thermostatic description of systems in equilibrium, they are central to the understanding of other phenomena, e.g. the nucleation of a new phase following the quenching of a system into the co-existence region. This volume, (...) originally published several years ago, has stood the test of time well, as interest in fluctuation phenomena continues to grow. It contains a collection of review articles, some of them updated, written by experts in the field, on the subject of fluctuation phenomena. Some of the articles are of a very general nature discussing the modern mathematical formulation of the problems involved, while other articles deal with specific topics such as kinetics of phase transitions and conductivity in solids. The juxtaposition of the variety of physical situations in which fluctuation phenomena play an important role is novel and should give the reader a comprehensive and deeper insight into this fascinating subject. (shrink)

Barnes et al. (2025) introduce a novel vision for biobanking consent in their article “Enabling Demonstrated Consent for Biobanking with Blockchain and Generative AI.” Their concept of “demonstrate...

We show that subspaces of the space ${\mathbb{Q}}$ of rational numbers give rise to uncountably many d-logics over K4 without the finite model property.

Eukaryotes organize certain chromosomal intervals into domains capable of si lencing most genes. Examples of silencing domains include the HML/HMR loci and subtelomeric chromatin in yeast, the Barr body X chromosome in mammals, and the pericentric heterochromatin of Drosophila. Silencing chromatin is often correlated with more regularized nucleosomal array than that found in active chromatin, and transcriptional activators appear to be missing from their target sites in silent chromatin. In Drosophila, gene silencing by heterochromatin is often variegated, indicating that a (...) gene may escape silencing in some cells. In a recent study, Ahmad and Henikoff(1) show that a yeast activator can compete successfully with Drosophila heterochromatic silencing factors for target sites in DNA. This competition, together with developmental change in the stability of heterochromatin itself, decides the transcriptional state for a gene subject to heterochromatin repression. BioEssays 23:767–771, 2001. © 2001 John Wiley & Sons, Inc. (shrink)

It is commonly accepted that the spelling of the pre-exilic books of the Bible was generally defective like that of contemporary epigraphy, and that the matres lectionis were inserted into the original texts by scribes during the first half of the Second Temple period. This article argues that the orthography of the ancient books of the Bible was from its beginning similar to that of the MT. The difference between the current biblical spelling and the defective spelling of the inscriptions (...) should instead be understood as a matter of different registers. (shrink)

The present article continues my work in logomachy and the philosophy of education. It turns to Bernard Stiegler’s concept of the ‘idiotext’ as the means of terming what I have previously called ‘particular sets of sense’. The gambit of the article is that ‘intropy’ (uncertainty provoked by informational complexity) provides a very useful concept to describe how idiotexts locally make-sense, and their idiomatic nature. Over and above this, and pertinent to the philosophy of education, intropy aids in criticising the esoteric (...) and initiative nature of conservative educative structures (first theorised by R. S. Peters) since it describes the modality of uncertainty when faced with sets of sense that one is not initiated into—the inside and outside of sense. The article is, therefore, also concerned with education as the reproduction of idiotexts qua domains of knowledge. Using figurative spirals (first proposed by Stiegler), spiral mathematics and a novel formula that integrates entropy into logarithmic spirals, I represent the maintenance of idiotexts as resisting the ineluctable increase in entropy of downward spirals—understood as the deferral of the degradation of sense. Finally, I argue that instead of education as initiation, which can be described as the educative opening of the gates to particular domains of knowledge, what is sorely missing is education as idiotextual as com-prehension, something I term transeducation. (shrink)

Most tissues contain cells capable of the self‐renewal and differentiation necessary to maintain tissue and organ integrity. These somatic stem cells are generally thought to have limited developmental potential. The mechanisms that restrict cell fate decisions in somatic stem cells are only now being understood. This understanding will be important in the clinical exploitation of adult stem cells in tissue repair and replacement. Experiments performed over fifty years ago in Drosophila showed that developmental restriction could be relaxed in the proliferating (...) larval cells that are destined to form the adult fly integument. This phenomenon, called transdetermination, can serve as a model for mechanisms of stem‐cell commitment. A recent publication1 sheds new light on the mechanism of transdetermination by demonstrating that loss of homeotic gene silencing leads to increased frequency of transdetermination. In addition, the authors link a specific signaling pathway induced by tissue regeneration to the relaxation of homeotic gene silencing. The data identify key mechanisms that control developmental homeostasis and cell fate restriction that could be manipulated to make somatic stem‐cell engineering possible. BioEssays 28: 574–577, 2006. © 2006 Wiley Periodicals, Inc. (shrink)

The idea of “literary democracy” can be traced back to the early twentieth century, which this article does by looking initially at the work of Georg Lukács. His distinctly humanist view of literar...

Apresentação do volume 21, número 3, da Ethic@ - An International Journal for Moral Philosophy.

In this paper, I present the concept of juristocracy of audience as a political category that indicates a disfiguration concerning the normative ideals of democracy and the rule of law. On the one hand, the category of juristocracy of audience is developed from Hirschl’s analysis and research on what he calls juristocracy, on the otherhand, it is also developed from Urbinati’s concept of plebiscitary democracy. I argue that this category helps us to understand some of the political problems happening in (...) Brazil over the past decade. (shrink)

This article distinguishes and evaluates the various forms of legal moralism from a liberal vantage point. It devotes special attention to the most plausible form of the theory, That which is often called "the conservative thesis," and to that supporting argument which is based on the need to prevent "freefloating social-Change evils." freefloating evils are defined as evils that are imputable to human beings but which do not give rise to personal grievances as harms, Offenses, And "harmless exploitative injustices" do. (...) I conclude that the need to prevent such evils is a relevant, But generally inferior, Reason for coercion. (shrink)

Respect and self-respect are the cornerstone motivations in Kantian moral psychology. But “respect” is an ambiguous term. As Stephen Darwall has argued, sometimes respect refers to a constraint on practical reason, but at other times it refers to a person-directed pro-attitude. In this article, I argue that this distinction is a problem regarding self-respect since self-respect, in the latter sense, lacks warrant. Furthermore, I discuss Nietzsche’s conception of “self-reverence,” which in some ways serves as a replacement for Kantian self-respect in (...) the pro-attitude sense. I argue that, in Nietzsche’s view, the value that a person anticipates and aspires to realize in the future warrants self-reverence, even in cases where the person cannot fully articulate this value. This kind of self-directed value is what Nietzsche means when he claims in Beyond Good and Evil §287, “The noble soul has reverence for itself.”. (shrink)

Clear and concise, this brief guide will help you write a successful paper-even if you have no previous formal background in writing philosophy papers. Contents include topic selection, outlines, drafts, proper and improper quotation, argument development and evaluation, principles of good writing, style, criteria for grading student papers, and a review of common grammatical and dictional errors. In addition, the book devotes several chapters to basic concepts in logic, which have proven invaluable for philosophy students like you in the course (...) of critically considering and writing about the ideas and arguments they encounter. (shrink)

Eleventh-century Buddhist philosopher Ratnakīrti has garnered increasing scholarly interest over the past two decades. The conciseness and logical precision of his work, which encapsulates arguments from the lengthier works of his teacher, Jñānaśrīmitra, make him a convenient window into the last phase of Buddhist philosophy in India. We now have reliable translations of most of the extant philosophical works of Ratnakīrti, and a number of studies have explicated his philosophical views on a range of issues. Patrick McAllister's recent book, Ratnakīrti's (...) Proof of Exclusion, makes an important contribution to this growing body of scholarship by providing not only a clear and precise translation of the Apohasiddhi... (shrink)

These essays showcase the value of the narrative arts in investigating complex conflicts of value in moral and political life, and explore the philosophical problem of moral dilemmas as expressed in ancient drama, classic and contemporary novels, television, film, and popular fiction. From Aeschylus to Deadwood, from Harriet Beecher Stowe to Harry Potter, the authors show how the narrative arts provide some of our most valuable instruments for complex and sensitive moral inquiry.

.One of the strongest arguments against the legalization of voluntary euthanasia is that even though a given suffering or comatose patient may have a moral right to die, legal recognition of the right would lead inevitably to mistakes and abuses in other cases. The flaw in this argument is the assumption that it is always and necessarily a greater evil to let someone die by mistake than to keep a person alive by mistake. In fact, we cannot plausibly say that (...) one of these two kinds of mistake is in itself, isolated from other factors, always more serious than the other. This point is illustrated by an examination both of a terminal patient whose prospect is a full year of intolerable pain and of a patient in a “persistent vegetative state” . Moreover, it is untrue that legalization would necessarily lead to greater numbers of mistakenly approved discontinuances of treatment than of mistakenly approved refusals of termination, and numbers, it is argued, do matter. (shrink)

Obscene words have the capacity to offend and shock listeners, and in some cases even fill with dread and horror. The class of words that are either obscene, totally disreputable, or naughty enough to be forbidden, is diverse and heterogeneous. These include sexual vulgarities, other “dirty words”, political labels, ethnic slurs, insulting terms, and religious blasphemies. Obscene-to-naughty words and phrases can be classified into two main categories: profanities and vulgarities. Derivative uses of obscenity are discussed.

Obscenity is the language of impiety, irreverence, and disrespect. Some use it to convey a disrespectful attitude towards a person or platitude, while others use it to reject the prevailing norms of propriety. The meanings of the terms euphemism, cacophemism, prophemism, and disphemism are explained. The reaction to excessive euphemization, two strategies for ridding the language of obscene words, the phenomenon of dirty-mindedness, and the case for retaining the obscene vocabulary are discussed.

Profound offenses are misleadingly characterized as simply “offensive nuisances” because of their perceived qualitative difference from mere nuisances, and because of their independence of actual perception. The nub of the offensiveness in the “profound” cases is not personal resentment over a disagreeable experience, but outrage at the offending conduct on grounds quite independent of its effect on oneself. Examples of profound offenses include voyeurism, Nazis and Klansmen, execrated but “harmless” deviant religious moral practices, desecration of venerated symbols, and abortion and (...) mistreatment of corpses. The offense principle does not warrant legal interference in a person’s private conduct on the grounds that those who know that the conduct is taking place need protection from the profound offensiveness of their own bare knowledge. (shrink)