When blame is understood to be emotion-based or affective, its emotional tone is standardly identified as one of anger. We argue that this conception of affective blame is overly restrictive. By attending to cases of blame that emerge against a background of a particular kind of hope invested in others, we identify a blaming response characterized not by anger but by sadness: reactive disappointment. We develop an account of reactive disappointment as affective blame, maintaining that while angry blame and disappointed (...) blame are both condemnatory responses, they have distinct evaluative foci and occupy different but complementary roles in our accountability practices. (shrink)

Four principal papers and a total of 43 peer commentaries on the evolutionary origins of morality. To what extent is human morality the outcome of a continuous development from motives, emotions and social behaviour found in nonhuman animals? Jerome Kagan, Hans Kummer, Peter Railton and others discuss the first principal paper by primatologists Jessica Flack and Frans de Waal. The second paper, by cultural anthropologist Christopher Boehm, synthesizes social science and biological evidence to support his theory of how our hominid (...) ancestors became moral. In the third paper philosopher Elliott Sober and evolutionary biologist David Sloan Wilson argue that an evolutionary understanding of human nature allows sacrifice for others and ultimate desires for another's good. Finally Brian Skyrms argues that game theory based on adaptive dynamics must join the social scientist's use of rational choice and classical game theory to explain cooperation. (shrink)

Pleasure, in the inclusive usages most important in moral psychology, ethical theory, and the studies of mind, includes all joy and gladness — all our feeling good, or happy. It is often contrasted with similarly inclusive pain, or suffering, which is similarly thought of as including all our feeling bad. Contemporary psychology similarly distinguishes between positive affect and negative affect.[1..

With wit and intelligence, Leo Katz seeks to understand the basic rules and concepts underlying the moral, linguistic, and psychological puzzles that plague the criminal law. "_Bad Acts and Guilty Minds_... revives the mind, it challenges superficial analyses, it reminds us that underlying the vast body of statutory and case law, there is a rationale founded in basic notions of fairness and reason.... It will help lawyers to better serve their clients and the society that permits attorneys to hang out (...) their shingles."—Edward N. Costikyan, _New York Times Book Review_. (shrink)

Why does the law spurn win-win transactions? -- Things we can't consent to, though no one knows why -- A parable -- Lessons -- The social choice connection -- Why is the law so full of loopholes? -- The irresistible wrong answer -- What is wrong with the irresistible answer? -- The voting analogy -- Turning the analogy into an identity -- Intentional fouls -- Why is the law so either/or? -- The proverbial rigidity of the law -- Line drawing (...) as a matter of life and death -- Why don't we punish all we condemn? -- The undercriminalization problem -- Multicriterial ranking and the undercriminalization problem -- Final thoughts. (shrink)

This is a review of Larry Alexander and Kim Ferzan’s _Reflections on Crime and Culpability_, a sequel to the authors’ _Crime and Culpability_. The two books set out a sweeping proposal for reforming our criminal law in ways that are at once commonsensical and mindbogglingly radical. But even if one is not on board with such a radical experiment, simply thinking it through holds many unexpected lessons: startlingly new insights about the current regime and about novel ways of doing legal (...) theory, some of which are explored in this essay. (shrink)

There is a common refrain in the literature on punishment that presumes the mutual exclusivity of defending retribution and adopting a humanistic or welfare-oriented outlook. The refrain, that if we want to be humane, or care about human welfare, we must abandon retributive punishment, anger, and resentment is readily repeated, endorsed, and relied upon. This article suggests that this opposition is false: retribution and welfare-orientation can not only be endorsed concomitantly, but are complimentary projects, and may even be grounded in (...) the same normative basis, such that if we endorse one we are already committed to ideas that ground reason to care about the other.My primary target will be claims that aim to undermine retributivism by demonstrating the desirability of welfare-orientation. If both can live together, demonstrating the attractiveness of one goes nowhere toward displacing the other. Further, establishing this claim invites further inquiry into classic questions about the “barbaric,” or “morally repugnant” credentials of retributivism. Confronting these claims will elucidate the consistency of adopting both retributive and welfare-oriented views, which, I suggest, can be jointly adopted and pursued. (shrink)

I develop and defend a hedonistic view of the constitution of human subjectivity, agency and value, while disassociating it from utilitarian accounts of morality and from the view that only pleasure is desired. Chapter One motivates the general question, "What really is of value in human living?", and introduces evaluative hedonism as an answer to this question. Chapter Two argues against preference satisfaction accounts of pleasure and of welfare, and begins the explication and defense of the hedonist's conception of pleasure (...) as immediate experiencing liked for its own sake in its experiential moment, and which obtains or not in an experiential moment regardless of what obtains at other times. Chapter Three begins the task of finding a motivational theory that will support, or at least cohere with, evaluative hedonism. I here work toward my own position by discussing, criticizing and distinguishing some aspects of the views of earlier hedonistic writers, both ancient and modern. Chapter Four further explains the hedonist's conception of pleasure, and treats some contextualist objections to its tenability suggested by Plato, Moore and Anscombe. In the course of answering these objections, the view of consciousness belonging to the hedonist's view of mind is contrasted with that which the objections presuppose. Chapter Five first outlines the general kind of hedonistic view resulting from the work of the earlier sections, and then develops a specific view of this kind, drawing on contemporary work in philosophy, psychology and psychobiology. The result is an account of action, and of the kind of attention and consciousness connected with it, in which pleasure has a central organizing role. Such an account, if sustained and filled out by ongoing scientific work, would further motivate, and cohere with, evaluative hedonism and the related contention that the dimension of subjectivity in which human value consists is in the lives of human beings and other higher vertebrates much the same. (shrink)

This essay offers a critique of Larry Temkin’s seminal new book, Rethinking the Good, at the heart of which is the highly counterintuitive claim that all things considered judgments are not transitive. I evaluate Temkin’s claims through the lens of social choice theory, pursue some of its larger implications and applications, and conclude with a very general worry having to do with the intimate connection between transitivity and logical consistency, namely whether, if Temkin is right, this would not bring all (...) moral reasoning to an abrupt halt. (shrink)

Role morality refers to the special obligations and rights that are associated with occupying certain professional roles—lawyer, doctor, journalist, soldier and others. There are a number of moral puzzles peculiar to this domain. To what extent can someone whose role involves acting in someone else’s behalf avoid being blamed for aiding him in actions he would be blamed for if acting outside that role? What is one to make of situations in which the performance of one’s role seems to call (...) for the actors to engage in conflicting behavior, for example, two lawyers representing two disputing clients? Is it coherent to speak of some roles as involving obligations to institutions rather than to people? In this chapter the problems are spelled out, the current debate surveyed and tentatively different conclusions from the established ones are suggested. (shrink)

Microscopy has revealed tremendous diversity of bacterial and eukaryotic forms. Recent molecular analyses show discordance in estimates of biodiversity between morphological and molecular analyses. Moreover, phylogenetic analyses of the diversity of microbial forms reveal evidence of convergence at scales as deep as interdomain: morphologies shared between bacteria and eukaryotes. Here, we highlight examples of such discordance, focusing on exemplary lineages such as testate amoebae, ciliates, and cyanobacteria. These have long histories of morphological study, enabling deeper analyses on both the molecular (...) and morphological sides. We discuss examples in two main categories: (i) morphologically identical (or highly similar) individuals that are genetically distinct and (ii) morphologically distinct individuals that are genetically the same. We argue that hypotheses about discordance can be tested using the concept of neutral morphologies, or more broadly neutral phenotypes, as a null hypothesis. -/- . (shrink)

In the history of political thought, the relationship between property and power has been a central preoccupation. The very nature of private property, on many accounts, is to put owners in a position of self-serving power to make decisions about matters of concern to others. In many legal systems, the vast power of owners is pervasive, as an ever greater range of resources is brought within the property regime and subjected to private power backed by the coercive power of the (...) state. Political and legal philosophers have long puzzled over how to reconcile the nature of private property with the limits and social responsibilities upon which, at least for some accounts, property’s legitimacy depends. The perennial question, then, is how best to understand the nature of property such that property’s limits can also be accounted for coherently within our legal and constitutional arrangements. Robé’s book Property, Power and Politics provides us with a wide-ranging analysis of property. There is much that we agree with and applaud here. In this contribution we seek to situate a key aspect of his work within this larger context, and to offer a criticism of one element of his view: his rejection of an understanding of ownership as an office. In Robé’s analysis, offices belong in the public sphere, where officeholders are held to account by their constituencies. We argue that Robé’s rejection of the idea of ownership-as-office rests on a misunderstanding of the legal concept of “office.” Moreover, this idea, properly understood, provides sound conceptual support for the normative aims of Robé’s account: to bind property and social responsibility tightly together. Robé’s project to criticize the virtually unlimited power of private owners in the contemporary world is served, not undermined, by understanding property as an office. First, we provide a brief summary of the key elements of Robé’s view of property (Part II). We then introduce a theoretical perspective on property as office as it has been developed in legal theory (Part III). Finally, we argue that this perspective fits better with Robé’s stated purposes than his own rejection of it suggests and raises some questions for future discussion (Part IV). (shrink)

This article analyzes the question of how the size of bribes should impact criminal sanctions. In contrast to the commonly held view that punishment should increase with the size of the bribe, we argue to the contrary: that the punishment of the bribee should decrease with the size of the bribe. Our conclusion is based both on a philosophical argument and an economic argument. We argue that all else being equal, as an agent’s reservation price for selling public interests decreases, (...) the culpability of the agent willing to receive a bribe increases. In addition, from an economic perspective, the expected social harm of an official acting with a low reservation price for bribes is much greater than one acting with a high reservation price: both the susceptibility of being bribed as well as the potential for social harm is much greater when the reservation price is low. (shrink)

Despite their diversity and ecological importance, many areas of the SAR—Stramenopila, Alveolata, and Rhizaria—clade are poorly understood as the majority of SAR species lack molecular data and only 5% of species are from well-sampled families. Here, we review and summarize the state of knowledge about the three major clades of SAR, describing the diversity within each clade and identifying synapomorphies when possible. We also assess the “dark area” of SAR: the morphologically described species that are missing molecular data. The majority (...) of molecular data for SAR lineages are characterized from marine samples and vertebrate hosts, highlighting the need for additional research effort in areas such as freshwater and terrestrial habitats and “non-vertebrate” hosts. We also describe the paucity of data on the biogeography of SAR species, and point to opportunities to illuminate diversity in this major eukaryotic clade. See also the video abstract here: https://youtu.be/_VUXqaX19Rw. Despite their diversity, abundance, and importance, fewer than 10% of the species within the SAR—Stramenopila, Alveolata, and Rhizaria—clade have been assessed using molecular tools. Only a small percentage of the molecular records contain information on ecology or have associate location data, indicating a tremendous dark area. (shrink)

Depue & Morrone-Strupinsky's (D&M-S's) language suggests that, unlike Kent Berridge, they may allow that the activity of a largely subcortical system, which is presumably often introspectively and cognitively inaccessible, constitutes affectively felt experience even when so. Such experience would then be phenomenally conscious without being reflexively conscious or cognitively access-conscious, to use distinctions formulated by the philosopher Ned Block.

One can share Block's aim of distinguishing “phenomenal” experience from cognitive function and agree with much in his views, yet hold that the inclusion of representational content within phenomenal content, if only in certain spatial cases, obscures this distinction. It may also exclude some modular theories, although it is interestingly suggestive of what may be the limits of the phenomenal penetration of the representational mind.

We characterize general constraints under which rational choices are characterized by asymmetric revealed preferences. A key feature of our main characterization result is expressed by the leveling axiom. We also consider the special case of a law-abiding decision maker who chooses optimally among legal options. We show that the law does not necessarily satisfy the leveling axiom and, therefore, transitivity adds empirical content to law-abiding choices.

The entrapment defense is a puzzle of long standing. One the one hand, we are offended by the government’s subjecting someone vulnerable to extreme temptation. It seems like something anyone might fall prey to. On the other hand, it is hard to explain why someone who actually commits, or attempts a crime, and who would be liable if anyone other than the government had tempted him, should escape punishment. His blameworthiness seems the same. This essay seeks to illuminate this puzzle (...) by showing how it parallels the long-standing debate surrounding the criminal law problem of the actio libera in causa—situations in which someone seeks to escape liability by contriving to put a certain defense in place, such as provoking his victim into attacking him, so that he can then kill him in self-defense. The parallels between the two problems do not serve to resolve either, but make them appear in a rather different light. (shrink)

This chapter contains sections titled: Why We Punish How We Punish What We Punish Whom We Punish Bibliography.

Throughout his life, John Tyler Bonner contributed to major transformations in the fields of developmental and evolutionary biology. He pondered the evolution of complexity and the significance of randomness in evolution, and was instrumental in the formation of evolutionary developmental biology. His contributions were vast, ranging from highly technical scientific articles to numerous books written for a broad audience. This historical vignette gathers reflections by several prominent researchers on the greatness of John Bonner and the implications of his work.

Knowledge of eukaryotic life cycles and associated genome dynamics stems largely from research on animals, plants, and a small number of “model” (i.e., easily cultivable) lineages. This skewed sampling results in an underappreciation of the variability among the many microeukaryotic lineages, which represent the bulk of eukaryotic biodiversity. The range of complex nuclear transformations that exists within lineages of microbial eukaryotes challenges the textbook understanding of genome and nuclear cycles. Here, we look in‐depth at Foraminifera, an ancient (∼600 million‐year‐old) lineage (...) widely studied as proxies in paleoceanography and environmental biomonitoring. We demonstrate that Foraminifera challenge the “rules” of life cycles developed largely from studies of plants and animals. To this end, we synthesize data on foraminiferal life cycles, focusing on extensive endoreplication within individuals (i.e., single cells), the unusual nuclear process calledZerfall, and the separation of germline and somatic function into distinct nuclei (i.e., heterokaryosis). These processes highlight complexities within lineages and expand our understanding of the dynamics of eukaryotic genomes. (shrink)

Interpreting VTA dopamine activity as a facilitator of affective engagement fits Depue & Collins's agency dimension of extraverted personality and also Watson's and Tellegen's (1985) engagement dimension of state mood. Serotonin, by turning down the gain on dopaminergic affective engagement, would permit already prepotent responses or habits to prevail against the behavior-switching incentive-simulation-driven temptations of the moment facilitated by fickle VTA DA. Intelligent switching between openly responsive affective engagement and constraint by long-term plans, goals, or values presumably involves environment-sensitive balancing (...) of these neuromodulators, such as socially dominant primates may show. (shrink)

Rolls's preliminary definitions of emotion and speculative restriction of consciousness, including emotional sentience, to humans, display behaviorist prejudice. Reinforcement and causation are not by themselves sufficient conceptual resources to define either emotion or the directedness of thought and motivated action. For any adequate definition of emotion or delimitation of consciousness, new physiology, such as Rolls is contributing to, and also the resources of other fields, will be required.

Der Aufsatz bietet einen Einblick in die Möglichkeiten, Normen zu umgehen - einer Praxis mit, wie gezeigt wird, langer Tradition. Die dargestellten Methoden reichen von einer Beeinflussung des Wissens des Täters, über das Heranziehen "anderer", seien es Menschen oder Maschinen, um die gewünschte aber verbotene Handlung vorzunehmen, bis hin zu Änderungen in den Kausalverläufen. Der Grund für diese Umgehungsmöglichkeiten liegt im Formalismus deontologischer Systeme, die im Gegensatz zu utilitaristischen Positionen gerade nicht auf die Folgen einer Handlung abstellen.

Negligence, the creation of an unjustifiable risk of harm, plays a pivotal role in both criminal and civil law. This article takes up two negligence-related problems unique to its role in the criminal law. The first has to do with its "harm" component, the second with its "unjustifiability" component. The first problem is why the criminal law distinguishes so sharply between negligent wrongdoing that results in harm and negligent wrongdoing that does not, when it does not distinguish equally sharply between (...) intentional wrongdoing that results in harm and intentional wrongdoing that does not. The answer has to do with a peculiar feature in the logic of intention and with the symmetric way we ascribe responsibility for blameworthy and praiseworthy actions. My second problem is why the criminal law judges the blameworthiness of negligent actions on the basis of the harm wrought rather than the gap between the harm wrought and the justification for risking it. The answer has to do with a more general feature of the criminal law, the refusal to recognize "partial defenses" and "partial offenses.". (shrink)

Trends and issues in the dissemination of knowledge are discussed in terms of current trends. The general trends include the rapid rate at which new journals and documents are produced and increasing specialization in the field. Among the issues discussed are the optimum information hypothesis, optimum conceptual size of information, vividness and propitiousness of the information, and orientations to knowledge of subcultures within a professional field. The field of early childhood education is used as the example of each trend and (...) issue. (shrink)

Human emotional experience is organized at multiple levels, only some of which are easily penetrable by or dependent on language. Affects connected with mammalian parental care seem involved in Anna Wierzbicka's example of the experience of Jesus in Gethsemane. However, such affects are not characterizable as she requires, using only NSM's short list of linguistic semantic universals. Following her methodology, even using an enriched NSM really exhaustive of linguistic semantic universals, may involve serious losses of cognitive opportunity. Specifically, it forecloses (...) any possibility of linking language with other cognitive resources to construct novel concepts, as may be needed to understand the deep biologically-based structure of emotion—which, after all, goes far deeper in us than language does. (shrink)

In A Liberal Theory of Property, Dagan combines a realist’s appreciation of the promise and perils of property with an analytical philosopher’s ambition to provide a systematic account of property...

This Article argues that ownership is a form of authority that is constitutionally basic in liberal societies. At the same time, I argue, neither the particular benefits nor burdens that accede to the position of ownership are. By distinguishing between a principle of sovereignty, which I argue constitutes the core authority of owners, and a principle of accession, which I argue regulates the distribution of benefits attached to the position, we can see how this is so. Taxation, regulation, expropriation, by (...) means of which benefits are withheld or burdens imposed, are not then attacks on property that undermine the position of ownership itself. Attacks on the office of ownership as such would be, rather, acts by the state that deny the basic sovereign authority of owners to set the agenda that regulates private activity with respect to a thing, e.g., by subordinating owners to the private choices of others. (shrink)