Michael S. Moore is a whole-hearted retributivist. The triumph of Mechanical Choices is that Moore provides a thoroughly physicalist, reductionist-friendly, compatibilist account of the features that make persons deserving of blame and punishment. Many who embrace scientific accounts of psychology worry that from this perspective the grounds for desert disappear; but Moore argues that folk psychological accounts of responsibility—such as those found in the criminal law—are either vindicated or not implicated by science. Moore claims that criminal punishment can be justified (...) by looking solely to moral desert, couched in folk terms. In this paper I argue that interpersonal blame and punishment and criminal blame and punishment hold people responsible in the same sense, and that directed moral blame in both forms aim to communicate something to the wrongdoer and generate a backward-looking or retributive good. However, contra Moore, I will argue that instrumental aims are also important to justifying methods and degree of punishment within both realms. (shrink)

It is widely agreed that obsessive-compulsive disorder involves irrationality. But where in the complex of states and processes that constitutes OCD should this irrationality be located? A pervasive assumption in both the psychiatric and philosophical literature is that the seat of irrationality is located in the obsessive thoughts characteristic of OCD. Building on a puzzle about insight into OCD (Taylor 2022), we challenge this pervasive assumption, and argue instead that the irrationality of OCD is located in the emotions that are (...) characteristic of OCD, such as anxiety or fear. In particular, we propose to understand the irrationality of OCD as a matter of harboring recalcitrant emotions. We argue that this account not only solves the puzzle about insight, but also makes better sense of how OCD sufferers experience and describe their condition and helps explain some otherwise puzzling features of compulsive behavior. (shrink)

The goal of this paper is to examine the impact of leadership and promotion regulatory focus on employees’ willingness to engage in unethical pro-organizational behavior . Building from a person–situation interactionist perspective, we investigate the interaction of leadership style and how leaders frame messages, as well as test a three-way interaction with promotion focus. Using an experimental design, we found that inspirational and charismatic transformational leaders elicited higher levels of UPB than transactional leaders when the leaders used loss framing, but (...) not gain framing. Furthermore, followers’ promotion regulatory focus moderated this relationship such that the effect held for followers with low promotion focus, but not for individuals with high promotion focus. Our findings extend the understanding of UPB, offer theoretical mechanisms to explain when this behavior occurs, and contribute to leadership theory and research on ethical decision making. (shrink)

In this first-ever history of contemporary liberal theory, Forrester shows how liberal egalitarianism--a set of ideas about justice, equality, obligation, and the state--became dominant, and traces its emergence from the political and ideological context of the postwar United States and Britain.d Britain.

The presence of interpretation according to different perspectives in art forms in which we expect the 'truth' about the subject matter, provides an opportunity to understand what truth means in the context of perspectivism, the view that there is no objective standard of truth free from any perspective against which we can measure the veracity of an account. In this article, I explore perspectival truth through Nietzsche's philosophical autobiography, Ecce Homo , and Herzog's films, particularly Little Dieter Needs to Fly. (...) I argue that these artworks both contribute to and exemplify a perspectival truth practice. (shrink)

This chapter will argue that the criminal law is most compatible with a specific theory regarding the mind/body relationship: non-eliminative reductionism. Criminal responsibility rests upon mental causation: a defendant is found criminally responsible for an act where she possesses certain culpable mental states (mens rea under the law) that are causally related to criminal harm. If we assume the widely accepted position of ontological physicalism, which holds that only one sort of thing exists in the world – physical stuff – (...) non-eliminative reductive physicalism about the mind offers the most plausible account of the full-bodied mental causation criminal responsibility requires. Other theories of the mind/body relationship, including elminativism and non-reductive physicalism, threaten criminal responsibility because they do not offer satisfactory accounts of mental causation. Eliminativism, as the name implies, eliminates the mental or is skeptical that it can do the causal work necessary to responsibility; and non-reductive theories disconnect the mental from the physical/casual world such that the mental can no longer have reliable causal effects. (shrink)

In this chapter I use virtue theory to critique certain contemporary punishment practices. From the perspective of virtue theory, respect for rational agency indicates a respect for choice-making as the process by which we form dispositions which in turn give rise to further choices and action. To be a moral agent one must be able to act such that his or her actions deserve praise or blame; virtue theory thus demands that moral agents engage in rational choice-making as a means (...) to develop and exercise the character traits from which culpable action issues. With respect to criminal offenders, virtue theory indicates the state is obligated to recognize offenders’ right to form their own moral character via rational choice-making, even while under state supervision. I will argue below that punishment practices should limit choice-making only to the extent necessary to achieve the functions of punishment : whenever possible, punishment should preserve opportunities for the rational exercise of character and development of virtue. This means that even within a prison setting incarcerated offenders should be able to make some choices about their daily lives. Offenders should also be offered opportunities to develop virtuous traits through rehabilitative programming such as drug addiction treatment, educational programming, and job training. I will also argue that two contemporary punishment practices unjustly undermine an offender’s moral agency. The first is the overuse of isolation sanctions, which very severely limits offender choice-making. The second is chemical castration, which results in limiting an offender’s capacity to develop his character within a specific realm of choice-making. I conclude that these two punishments violate offenders’ moral agency, and that this violation cannot be justified by appeal to the aims of incapacitation, deterrence, retribution, and rehabilitation. (shrink)

The paper distinguishes between weak and strong epistemic possibility and argues that the notion of strong epistemic possibility is the key to solving some of the most vexing puzzles about the semantics of epistemic modality.

In a recent paper in this journal, Carter and Peterson raise two distinctly epistemological puzzles that arise for anyone aspiring to defend the precautionary principle. The first puzzle trades on an application of epistemic contextualism to the precautionary principle; the second puzzle concerns the compatibility of the precautionary principle with the de minimis rule. In this note, I argue that neither puzzle should worry defenders of the precautionary principle. The first puzzle can be shown to be an instance of the (...) familiar but conceptually harmless challenge of adjudicating between relevant interests to reach assessments of threats when applying the precautionary principle. The second puzzle can be shown to rely on a subtle but crucial misrepresentation of the relevant probabilities at play when applying the precautionary principle. (shrink)

Blaise Pascal (1623-1662) gehort zu den grossten Geistern, die je auf Erden gelebt haben. Der vorliegende Band versucht eine Verbindungslinie zwischen seiner Rechtsphilosophie und seiner Religionsphilosophie herzustellen, indem er Pascals Gedanken uber die Gerechtigkeit zu seiner beruhmten Lehre von den drei Ordnungen ins Verhaltnis setzt. ".

This first volume of the new Brill series "Ancient Philosophy & Religion" offers analyses of Platonic philosophy and piety, the emergence of a common religio-philosophical discourse in Antiquity, the place of Jesus among ancient philosophers, and responses of pagan philosophers to Christianity from the second century to Late Antiquity.

Wilhelm von Humboldts Rechtsphilosophie ist bei weitem nicht so bekannt wie seine Sprachphilosophie oder gar seine Rolle als Bildungsreformer. Der Autor untersucht zu diesem Zweck Humboldts "Ideen zu einem Versuch, die Grenzen der Wirksamkeit des Staates zu bestimmen".

Dystonia is a movement disorder that can have a debilitating impact on motor functions and quality of life. There are 250,000 cases in the United States, most with childhood onset. Due to the limited effectiveness and side effects of available treatments, pediatric deep brain stimulation has emerged as an intervention for refractory dystonia. However, there is limited clinical and neuroethics research in this area of clinical practice. This paper examines whether it is ethically justified to offer pDBS to children with (...) refractory dystonia. Given the favorable risk-benefit profile, it is concluded that offering pDBS is ethically justified for certain etiologies of dystonia, but it is less clear for others. In addition, various ethical and policy concerns are discussed, which need to be addressed to optimize the practice of offering pDBS for dystonia. Strategies are proposed to help address these concerns as pDBS continues to expand. (shrink)

In May 2011, more than a decade after the International Association of Athletics Federations (IAAF) and the International Olympic Committee (IOC) abandoned sex testing, they devised new policies in response to the IAAF's treatment of Caster Semenya, the South African runner whose sex was challenged because of her spectacular win and powerful physique that fueled an international frenzy questioning her sex and legitimacy to compete as female. These policies claim that atypically high levels of endogenous testosterone in women (caused by (...) various medical conditions) create an unfair advantage and must be regulated. Against the backdrop of Semenya's case and the scientific and historical complexity of ?gender verification? in elite sports, we question the new policies on three grounds: (1) the underlying scientific assumptions; (2) the policymaking process; and (3) the potential to achieve fairness for female athletes. We find the policies in each of these domains significantly flawed and therefore argue they should be withdrawn. (shrink)

Astonishingly, despite the vast amount of scholarship on Machiavelli, no study exists on his theory of legislation, which runs through his celebrated work The Prince, the three-volume Discourses on Livy, the History of Florence, and many of his shorter writings. Jens Petersen's work fills this gap and applies his insights to contemporary legislation.

This chapter examines how advances in nanotechnology might impact criminal sentencing. While many scholars have considered the ethical implications of emerging technologies, such as nanotechnology, few have considered their potential impact on crucial institutions such as our criminal justice system. Specifically, I will discuss the implications of two types of technological advances for criminal sentencing: advanced tracking devices enabled by nanotechnology, and nano-neuroscience, including neural implants. The key justifications for criminal punishment- including incapacitation, deterrence, rehabilitation, and retribution – apply very (...) differently to criminal sentences using these emerging technologies than they do to imprisonment. Further, use of these technologies would represent a shift away from retribution as the primary justification for criminal punishment. In addition, the possibility of nano-neural implants entails a new model of rehabilitation: namely, involuntary rehabilitation aimed at changing an offender’s character, rather than his environment. (shrink)

Standard epistemology takes it for granted that there is a special kind of value: epistemic value. This claim does not seem to sit well with act utilitarianism, however, since it holds that only welfare is of real value. I first develop a particularly utilitarian sense of “epistemic value”, according to which it is closely analogous to the nature of financial value. I then demonstrate the promise this approach has for two current puzzles in the intersection of epistemology and value theory: (...) first, the problem of why knowledge is better than mere true belief, and second, the relation between epistemic justification and responsibility. (shrink)

Not all probability ascriptions that appear in scientific theories describe chances. There is a question about whether probability ascriptions in non-fundamental sciences, such as those found in evolutionary biology and statistical mechanics, describe chances in deterministic worlds and about whether there could be any chances in deterministic worlds. Recent debate over whether chance is compatible with determinism has unearthed two strategies for arguing about whether a probability ascription describes chance—that is, to speak metaphorically, two different strategies for figuring out where (...) the chances are: find the chances by focusing on chance’s explanatory role or find the chances by focusing on chance’s predictive role. These two strategies tend to yield conflicting results about where the chances are, and debate over which strategy is appropriate tends to end in stalemate. After discussing these two strategies, I consider a new view of chance’s explanatory role. I argue that one theoretical advantage of this new view is that allows us to make progress on the question of where the chances are by providing a principled way of determining which probability ascriptions describe chances. From the vantage of this new view, the correct application of both strategies involves figuring out where the chances are by figuring out where the probabilistic scientific explanations are and what those explanations are like. (shrink)

The growing literature on philosophical thought experiments has so far focused almost exclusively on the role of thought experiments in confirming or refuting philosophical hypotheses or theories. In this paper we draw attention to an additional and largely ignored role that thought experiments frequently play in our philosophical practice: some thought experiments do not merely serve as means for testing various philosophical hypotheses or theories, but also serve as facilitators for conceiving and articulating new ones. As we will put it, (...) they serve as ‘heuristics for theory discovery’. Our purpose in the paper is two-fold: to make a case that this additional role of thought experiments deserves the attention of philosophers interested in the methodology of philosophy; to sketch a tentative taxonomy of a number of distinct ways in which philosophical thought experiments can aid theory discovery, which can guide future research on this role of thought experiments. (shrink)

Providing a novel interpretation of Nietzsche's philosophical method, Nietzsche, Truth and Transformation addresses the philosophical problem of on what basis, if knowledge is always from a perspective, one can criticise modern humanity and culture, and how such critique can be actively responded to.

Giambattista Vico gilt als Begründer der Kulturwissenschaft, obwohl er Jurist war und Rhetorik lehrte. Der Autor führt die juristische Provenienz mit Vicos kulturgeschichtlichen Entdeckungen zusammen und begründet diese in Verbindung mit jener. Durch diese Rückbesinnung auf Vicos Theorie kann womöglich auch die Rechtswissenschaft als Kulturwissenschaft begriffen werden.

In light of recent interest among political theorists in the idea of political realism, Judith Shklar’s liberalism of fear has come to be associated with anti-Rawlsian thought. This paper seeks to show that, on the contrary, Shklar’s specific formulation of political realism, unlike more recent variations, was not motivated by a critique of Rawls. This paper will address three concerns: first, it will show what exactly Shklar’s initial realism was responding to; second, it will consider the implications of this realism (...) for thinking about liberal democracies; third, it will attempt, briefly, in light of this, to make sense of her relationship with Rawls and, in turn, through a comparison with Bernard Williams’s thought, her relationship to anti-Rawlsian political realism. (shrink)

Neuroethics is the body of work exploring the ethical, legal, and social implications of neuroscience. This work can be separated into two rough categories. The neuroscience of ethics concerns a neuroscientific understanding of the brain processes that underpin moral judgment and behavior. The ethics of neuroscience, on the other hand, includes the potential impact advances in neuroscience may have on social, moral and philosophical ideas and institutions, as well as the ethical principles that should guide brain research, treatment of brain (...) disease, and cognitive enhancement. Central to the questions posed in neuroethics is the way in which neuroscience might impact our sense of self and personal responsibility, and our understanding the structure of moral judgments. (shrink)

Does smoke cause fire or does fire cause smoke? James Woodward’s “Flagpoles anyone? Causal and explanatory asymmetries” argues that various statistical independence relations not only help us to uncover the directions of causal and explanatory relations in our world, but also are the worldly basis of causal and explanatory directions. We raise questions about Woodward’s envisioned epistemology, but our primary focus is on his metaphysics. We argue that any alleged connection between statistical dependence and causal/explanatory direction is contingent, at best. (...) The directions of causal/explanatory relations in our world seem not to depend on the statistical dependence relations in our world. Thus, we doubt that statistical dependence relations are the worldly basis of causal and explanatory directions. (shrink)

Professional sport in the United States has widely adopted biometric technologies, dramatically expanding the monitoring of players’ biodata. These technologies have the potential to prevent injuries, improve performance, and extend athletes’ careers; they also risk compromising players’ privacy and autonomy, the confidentiality of their data, and their careers. The use of these technologies in professional sport and the consumer sector remains largely unregulated and unexamined. We seek to provide guidance for their adoption by examining five areas of concern: validity and (...) interpretation of data; increased surveillance and threats to privacy; risks to confidentiality and concerns regarding data security; conflicts of interest; and coercion. Our analysis uses professional sport as a case study; however, these concerns extend to other domains where their use is expanding, including the consumer sector, collegiate and high school sport, the military, and commercial sectors where monitori... (shrink)

Most of us want to have children. We want them to be healthy and have a good start in life. One way to achieve this goal is to use preimplantation genetic diagnosis . PGD enables people engaged in the process of in vitro fertilisation to acquire information about the genetic constitution of an early embryo. On the basis of this information, a decision can be made to transfer embryos without genetic defects to the uterus and terminate those with genetic defects.1However, (...) is it morally acceptable to use PGD to reduce the probability of children with severe genetic diseases being born? Is the current routine use of PGD in public healthcare services to select against severe genetic diseases like anencephaly, spina bifida, cystic fibrosis and Down’s syndrome morally acceptable?These are complex questions involving a range of difficult ethical issues—for instance, critical discussions about the morality of embryo research and embryo termination.2 They also involve awkward conceptual issues concerning such matters as the meaning of words such as “disability”3 and “severe” in “severe genetic diseases”,4 which will not be discussed here.In this paper I examine an argument which aims to show that efforts to prevent the birth of severely disabled children using PGD are morally unacceptable. Essentially, this argument appeals to our concern for disabled people and the belief that PGD, through a slippery slope process, will have bad consequences for them. I conclude that the argument is problematic for a number of reasons. But before I examine the argument itself, it will be helpful to separate two types of slippery slope argument since these involve different kinds of reasoning.TWO TYPES OF ARGUMENTMany of the arguments against PGD point to the bad consequences it can be expected to have for disabled people. Central to all these …. (shrink)

In April 2018, the International Association of Athletics Federations released new regulations placing a ceiling on women athletes’ natural testosterone levels to “ensure fair and meaningful competition.” The regulations revise previous ones with the same intent. They require women with higher natural levels of testosterone and androgen sensitivity who compete in a set of “restricted” events to lower their testosterone levels to below a designated threshold. If they do not lower their testosterone, women may compete in the male category, in (...) an intersex category, at the national level, or in unrestricted events. Women may also challenge the regulation, whether or not they have lowered their testosterone, or quit sport. Irrespective of IAAF’s stated aims, the options forced by the new regulations are impossible choices. They violate dignity, threaten privacy, and mete out both suspicion and judgement on the sex and gender identity of the athletes regulated. (shrink)

The psychological literature now differentiates between two types of psychopath:successful (with little or no criminal record) and unsuccessful (with a criminal record). Recent research indicates that earlier findings of reduced autonomic activity, reduced prefrontal grey matter, and compromised executive activity may only be true of unsuccessful psychopaths. In contrast, successful psychopaths actually show autonomic and executive function that exceeds that of normals, while having no difference in prefrontal volume from normals. We argue that many successful psychopaths are legally responsible for (...) their actions, as they have the executive capacity to choose not to harm (and thus are legally rational). However, many unsuccessful psychopaths have a lack of executive function that should at least partially excuse them from criminal culpability. Although a successful psychopath's increased executive function may occur in conflict with, rather than in consonance with their increased autonomic activity - producing a cognitive style characterized by self deception and articulate-sounding, but unsound reasoning - they may be capable of recognizing and correcting their lack of autonomic data, and thus can be held responsible. (shrink)

Does neo-Rawlsian political philosophy offer an adequate account of the social conditions of capitalism? In this paper, I present two arguments for thinking that it does not. First, I develop a historicist critique of liberal egalitarianism, arguing that it provides a vision of social reality that is intimately connected to the historical and ideological constellation that I call postwar liberalism, and as such cannot account for social reality since the neoliberal revolutions of the late twentieth century. Second, I explore arguments (...) in Marxist and critical social theory that cast liberal egalitarianism as partial, on account of its inadequate portrait of capitalist society. In surveying responses to these critiques, I argue that merely extending liberal egalitarianism into new domains to account for how contemporary circumstances have changed since the mid-twentieth century cannot address the problem of its partial view of the social world. Taking seriously the insights of critical social theory and the study of capitalism should lead to a challenge to liberal egalitarianism, not an extension of it. (shrink)

Philosophical Perspectives, Volume 35, Issue 1, Page 170-188, December 2021.

Background: The current study was designed to examine whether ethnic-racial identity moderated the relationship between disordered eating and primary ethnic identification.Methods: Three hundred and ninety-eight undergraduate women were recruited from a large university in Hawai‘i. Participants completed the Eating Disorder Examination Questionnaire, the ERI measure, and reported their primary ethnicity as an index of ethnicity.Results: There was a significant correlation between eating concerns and centrality, r = 0.127, p < 0.05. Moderation analyses indicated that only ERI centrality moderated the predictive (...) effect of ethnicity on the importance of eating concerns, b = 0.05, t = 2.37, p = 0.018.Conclusions: The results suggest that the relationship between self-reported primary ethnicity and EDEQ scores is greater when ethnicity is more central to the individual's identity or when the in-group affect is important to an individual. Findings underscore the need for further research on the underlying mechanisms that account for the differing ways that ERI may affect eating concerns. (shrink)

Does smoke cause fire or does fire cause smoke? James Woodward’s “Flagpoles anyone? Causal and explanatory asymmetries” argues that various statistical independence relations not only help us to uncover the directions of causal and explanatory relations in our world, but also are the worldly basis of causal and explanatory directions. We raise questions about Woodward’s envisioned epistemology, but our primary focus is on his metaphysics. We argue that any alleged connection between statistical (in)dependence and causal/explanatory direction is contingent, at best. (...) The directions of causal/explanatory relations in our world seem not to depend on the statistical (in)dependence relations in our world (conceived of either as frequency patterns or as relations among chances). Thus, we doubt that statistical (in)dependence relations are the worldly basis of causal and explanatory directions. (shrink)

Frames, i.e., recursive attribute-value structures, are a general format for the decomposition of lexical concepts. Attributes assign unique values to objects and thus describe functional relations. Concepts can be classified into four groups: sortal, individual, relational and functional concepts. The classification is reflected by different grammatical roles of the corresponding nouns. The paper aims at a cognitively adequate decomposition, particularly, of sortal concepts by means of frames. Using typed feature structures, an explicit formalism for the characterization of cognitive frames is (...) developed. The frame model can be extended to account for typicality effects. Applying the paradigm of object-related neural synchronization, furthermore, a biologically motivated model for the cortical implementation of frames is developed. Cortically distributed synchronization patterns may be regarded as the fingerprints of concepts. (shrink)

According to David Lewis’s Principal Principle, our beliefs about the objective chances of outcomes determine our rational credences in those outcomes. Lewis influentially argues that any adequate metaphysics of objective chance must explain why the Principal Principle holds. Since no theory of chance is widely agreed to have met this burden, I suggest we change tack. On the view I develop, a central aspect of the Principal Principle holds not because of what objective chances are but rather because of the (...) explanatory role that objective chances play for the rational agents who believe in them. (shrink)

The Peterloo Massacre was more than just a Manchester event. The attendees, on whom Manchester industry depended, came from a large spread of the wider textile regions. The large demonstrations that followed in the autumn of 1819, protesting against the actions of the authorities, were pan-regional and national. The reaction to Peterloo established the massacre as firmly part of the radical canon of martyrdom in the story of popular protest for democracy. This article argues for the significance of Peterloo in (...) fostering a sense of regional and northern identities in England. Demonstrators expressed an alternative patriotism to the anti-radical loyalism as defined by the authorities and other opponents of mass collective action. (shrink)