Can punishments ever meaningfully be proportioned in severity to the seriousness of the crimes for which they are imposed? A great deal of attention has been paid to the general justification of punishment, but the thorny practical questions have received significantly less. Serious analysis has seldom delved into what makes crimes more or less serious, what makes punishments more or less severe, and how links are to be made between them. In Of One-eyed and Toothless Miscreants, Michael Tonry has (...) gathered together a distinguished cast of contributors to offer among the first sustained efforts to specify with precision how proportionality can be understood in relation to the implementation of punishment. Each chapter examines scholarly and lay thinking about punishment of people convicted of crimes with particular emphasis on "making the punishment fit the crime." The contributors challenge the most prevalent current theories and emphasize the need for a shift away from the politicized emotionalism of recent decades. They argue that theories that coincided with mass incarceration and rampant injustice to countless individuals are evolving in ways that better countenance moving toward more humane and thoughtful approaches.0Written by many of the leading thinkers on punishment, this volume dissects previously undeveloped issues related to considerations of deserved punishment and provides new ways to understand both the severities of punishment and the seriousness of crime. (shrink)

Founded in 1365, not long after the Great Plague ravaged Europe, the University of Vienna was revitalized in 1384 by prominent theologians displaced from Paris--among them Henry of Langenstein. Beginning with the 1384 revival, Michael Shank explores the history of the university and its ties with European intellectual life and the city of Vienna. In so doing he links the abstract discussions of university theologians with the burning of John Hus and Jerome of Prague at the Council of Constance (...) (1415-16) and the destruction of the Jewish community of Lower Austria (1421). Like most other scholars of the period, Henry of Langenstein (d. 1397) at one time believed that Aristotle's syllogistic was universally valid even in Trinitarian theology. In touch with the vibrant Jewish community in Vienna, Langenstein had high hopes of converting its members by logical argument. When he failed in his purpose, he lost his confidence in Aristotle's syllogistic as a universal tool of apologetics and handmaiden to Trinitarian theology. ("Unless you believe, you shall not understand," he quoted from Isaiah, in order to express his change of opinion.) During the next generation, the intellectual climate at the university changed from academic openness to increasing rigidity, and theologians turned from argument to persecution. Originally published in 1988. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905. (shrink)

Technologies are being developed for significantly altering the traits of existing persons (or fetuses or embryos) and of future persons via germ line modification. The availability of such technologies may affect our philosophical, legal, and everyday understandings of several important concepts, including that of personal identity. I consider whether the idea of personal identity requires reconstruction, revision or abandonment in the face of such possibilities of technological intervention into the nature and form of an individual's attributes. This requires an account (...) of the work done by the concept of personal identity, and an explanation of what “conceptual impacts of technology” and “conceptual reconstruction” might mean. Our existing notions of personal identity and related ideas such as personhood and autonomy may seem unable to comfortably accommodate the possibilities of technologically directed trait formation and development. This is a matter of moral and legal importance because the idea of personal identity embeds major values and reflects value-laden beliefs and attitudes. The assumed endurance of identity underlies interpersonal relationships, the assignment of rewards and punishments, and the very idea of what constitutes an autonomous person. Perhaps radical restructuring or even abandonment of concepts are sometimes called for when the world changes drastically, but I suggest that conceptual modification is not “compelled” for personal identity except under extreme circumstances—the remote possibility of rapid human “shape shifting” where physical and mentational attributes can be transformed quickly and continuously. Efforts to enhance human traits, including merit attributes and other resource-attractive characteristics (e.g., intellectual and athletic aptitudes, physical size and appearance), may generate legal problems wherever the persistence of identity is presupposed. Some advance speculation is thus warranted on how trait change generally will be managed within our legal and socioeconomic systems, and more particularly on rights of access to trait-altering technologies. I mention the possible distributive effects of enhancing highly-resource attractive traits, including the strengthening individual powers to acquire still more increments in such traits in a self-reinforcing cycle. A brief review of some constitutional issues bearing on trait change completes the discussion. I conclude that existing and projected technologies do not impel the abandonment or remodeling of the idea of personal identity. We may, however, have to reconsider some uses of this concept in different settings, to rethink our understandings of ideas of merit and desert, and to deal with the distribution of resources that may enlarge and entrench the “distances” between social and economic groups. (shrink)

Human beings are essentially vulnerable in the view that their existence qua humans is not given but construed. This vulnerability receives basic protection from the State, expressed in the form of the universal rights all citizens are meant to enjoy. In addition, many individuals fall prey to destitution and deprivation, requiring social action aimed at recognising the specific harms they suffer and providing remedial assistance to palliate or remove their plights.Citizens receive protection against their biologic vulnerability by means of an (...) in rem right to health [care], which is more an attitude of protection than a specific programme. When individuals become susceptible, that is, biologically weak or diseased, they also increase their predisposition to additional harm, and require social actions to treat their demeaned condition. Such assistance takes the form of positive healthcare rights.Research on human beings has been slow to observe that the subjects recruited are susceptible, especially so if research is done in less developed countries. By mislabelling them as vulnerable – a characteristic they share with all humans – sponsors avoid registering the deprivation these people suffer, and the ethical obligation to offer them remedial help.The distinction between vulnerability and susceptibility also marks the difference between being intact but fragile – vulnerable – and being injured and predisposed to compound additional harm – susceptible. Awareness of this difference should give additional force to the rejection of double standards in research ethics. (shrink)

The so-called European principles of bioethicsare a welcome enrichment of principlistbioethics. Nevertheless, vulnerability, dignityand integrity can perhaps be moreaccurately understood as anthropologicaldescriptions of the human condition. Theymay inspire a normative language, but they donot contain it primarily lest a naturalisticfallacy be committed. These anthropologicalfeatures strongly suggest the need todevelop deontic arguments in support of theprotection such essential attributes ofhumanity require. Protection is to beuniversalized, since all human beings sharevulnerability, integrity and dignity, thusfundamenting a mandate requiring justice andrespect for fundamental human (...) rights.Being a feature of all humanity, vulnerabilityis improperly extended to designatedestitute individuals and populations. Rather,they are in a state of fallen vulnerability,for they already are harmed in some way, andhave become deprived of their range ofcapabilities. These individuals are destituteand are no longer in command of theirfundamental human rights. They have lost thestatus of unharmed vulnerability;identifying them as susceptible – vulnerated andno longer only vulnerable – stresses thepoint that bioethics demands specific socialaction to palliate or remove their distress.When harm does occur – in the form of disease,for example –, individuals are no longervulnerable – for they have ceased to be intact–, they become susceptible to additionaldeprivations and sickness; integrity isdemeaned and dignity is offended, leading tostates of dysfunction that require specificremedial social practices, aimed at treatingand removing injuries.The main point this paper addresses is thatvulnerability – as well as dignity and integrity – are descriptive characteristics ofhuman beings qua humans, which are not normative in themselves, but fundamental enoughto inspire bioethical requirements of protection and respect for human rights in thewake of social justice. A clear distinction must be made in regard to human beings who areinjured by poverty, sickness, discriminating deprivations or suffer otherdestitutions, having ceased to be only vulnerable for they are no longer intact. Theseindividuals and populations require more than protection, their needs must be met byspecific care and remedial measures to be identified and instigated by bioethics quaapplied ethics. (shrink)

: To honor Bernard Goldstein, this article highlights in the "Defense of Theon against George of Trebizond" by Regiomontanus (1436-1476) themes that resonate with leading strands of Goldstein's scholarship. I argue that, in this poorly-known work, Regiomontanus's mastery of Ptolemy's mathematical astronomy, his interest in making astronomy physical, and his homocentric ideals stand in unresolved tension. Each of these themes resonates with Gold- stein's fundamental work on the Almagest, the Planetary Hypotheses, and al-Bitruji's Principles of Astronomy. I flesh out these (...) tensions with an intriguing interpretation of the history of astronomy, in which Regiomontanus contrasts the two-dimensional "eccentric astronomy" attributed to the Almagest and the Arabs with the three-dimensional spheres of the "later" astronomers. A similar contrast reappears when Regiomontanus portrays as a "fictitious art" an astronomy that does not go beyond the accommodation of computations to the appearances. To conclude, I use Regiomontanus's expression to reinstate (pace Goldstein and Barker in this journal, 1998) fictionalism as an actor's category in Osiander and sixteenth-century astronomy. (shrink)

Parties are back, and many are cheering. Party polarization has voters seeing stark differences between Democrats and Republicans and demonstrating more ideological constraint than previous generations. But these signs of a more “responsible” electorate are an illusion, because the public is no more knowledgeable than ever about the type of “information” it needs if it is to exercise effective control over the public‐policy outcomes it cares the most about. Indeed, polarization has produced a political environment where both voters and policy (...) makers may be less likely to learn about the potential consequences of their governing choices. The result is that holding elected politicians to account for policies treated as divisive ends in themselves has become easier—but that holding them accountable for policies intended as means to the achievement of consensual ends has become harder. (shrink)

Today, knowledge is considered the most strategically important resource and learning the most strategically important capability for business organizations. However, many initiatives being undertaken to develop and exploit organizational knowledge are not explicitly linked to or framed by the organization’s business strategy. In fact, most knowledge management initiatives are viewed primarily as information systems projects. While many managers intuitively believe that strategic advantage can come from knowing more than competitors, they are unable to explicitly articulate the link between knowledge and (...) strategy. This article, using examples from several companies, provides a framework for making that link and for assessing an organization’s competitive position regarding its intellectual resources and capabilities. It recommends that organizations perform a knowledge-based SWOT (strengths, weaknesses, opportunities, and threats) analysis, comparing their knowledge to that of their competitors and to the knowledge required to execute their own strategy. It provides a framework for describing the degree of aggressiveness of a knowledge strategy for closing strategic knowledge gaps, and concludes with several implications for competing on knowledge. (shrink)

Commentators disagree about the extent to which Kant’s ethics is compatible with consequentialism. A question that has not yet been asked is whether Kant had a view of his own regarding the fundamental difference between his ethical theory and a broadly consequentialist one. In this paper I argue that Kant does have such a view. I illustrate this by discussing his response to a well-known objection to his moral theory, namely that Kant offers an implicitly consequentialist theory of moral appraisal. (...) This objection was most famously raised by Mill and Schopenhauer, but also during Kant’s time by Pistorius and Tittel. I show that Kant’s response to this objection in the second Critique illustrates that he sees the fundamental difference between his moral theory and a broadly consequentialist one to be one that concerns methodology. (shrink)

Few studies examine plagiarism in a Middle Eastern context, specifically from the perspectives of preservice teachers. As future gatekeepers of academic integrity, preservice teachers need to understand plagiarism. This study surveyed 128 female preservice teachers in one university in the Gulf Cooperation Council (GCC) countries. The survey explores preservice teachers regarding their understandings and reasons for academic plagiarism and their responses to particular scenarios. Findings indicate that preservice teachers have a thorough comprehension of plagiarism and suggest a lack of knowledge (...) of citing sources, weak writing skills, a lack of time, and not knowing the research process as reasons for plagiarism. Informants' responses to six scenarios are presented to illustrate their perspectives further. Discussion addresses language and cultural issues to contextualize the study. (shrink)

Twenty Years After Communism is concerned with the explosion of a politics of memory triggered by the fall of state socialism in Eastern Europe, and it takes a comparative look at the ways that communism and its demise have been commemorated by major political actors across the region.

One of the most influential studies in all expertise research is de Groot’s (1946) study of chess players, which suggested that pattern recognition, rather than search, was the key determinant of expertise. Many changes have occurred in the chess world since de Groot’s study, leading some authors to argue that the cognitive mechanisms underlying expertise have also changed. We decided to replicate de Groot’s study to empirically test these claims and to examine whether the trends in the data have changed (...) over time. Six Grandmasters, five International Masters, six Experts, and five Class A players completed the think-aloud procedure for two chess positions. Findings indicate that Grandmasters and International Masters search more quickly than Experts and Class A players, and that both groups today search substantially faster than players in previous studies. The findings, however, support de Groot’s overall conclusions and are consistent with predictions made by pattern recognition models. (shrink)

Mirrored-self misidentification is the delusional belief that one's own reflection in the mirror is a stranger. In two experiments, we tested the ability of hypnotic suggestion to model this condition. In Experiment 1, we compared two suggestions based on either the delusion's surface features (seeing a stranger in the mirror) or underlying processes (impaired face processing). Fifty-two high hypnotisable participants received one of these suggestions either with hypnosis or without in a wake control. In Experiment 2, we examined the extent (...) to which social cues and role-playing could account for participants' behaviour by comparing the responses of 14 hypnotised participants to the suggestion for impaired face processing (reals) with those of 14 nonhypnotised participants instructed to fake their responses (simulators). Overall, results from both experiments confirm that we can use hypnotic suggestion to produce a compelling analogue of mirrored-self misidentification that cannot simply be attributed to social cues or role-playing. (shrink)

Do people tend to disagree over political issues because of conflicting values? Or do they disagree about which policies will most effectively promote shared values? In a previous article, I argued that the issues most people think are most important tend to fall into the latter category. On the issues of greatest importance to the mass public, most citizens agree about the ends that are desirable, but disagree about which policy means would best effectuate those ends. Consequently, disputes about facts—disputes (...) about the actual effects of proposed public policies—lie at the heart of the most important divisions in contemporary American public opinion. However, people do not necessarily interpret their political disagreements this way. If they fail to recognize that facts that they see as self-evident are disputed by their opponents, they may see their opponents as having different values, since there could be few other explanations for their opponents' disagreement with them. However, evidence that disagreements about facts are really driving public opinion can be found by using conditional surveys, which ask respondents if they would support a given policy if they believed that it would cause specific negative consequences. (shrink)

Physical environmental factors – or ‘artifacts’ – are linked to healthcare outcomes in the field of social psychology. However, the role of artifacts remains rarely examined in the burgeoning discipline of placebo studies. In this paper, we argue that a careful consideration of artifacts – such as provider clothing and office décor – may carry significant potential in eliciting placebo effects in clinical settings. We discuss three potential mechanisms by which artifacts may enhance or diminish placebo (or nocebo) effects: classical (...) conditioning, response expectancy, and mindsets. We propose testable hypotheses and conclude by providing innovative research designs that might help to better advance this novel research agendum. (shrink)

Do people tend to disagree over political issues because of conflicting values? Or do they disagree about which policies will most effectively promote shared values? In a previous article, I argued that the issues most people think are most important tend to fall into the latter category. On the issues of greatest importance to the mass public, most citizens agree about the ends that are desirable, but disagree about which policy means would best effectuate those ends. Consequently, disputes about facts—disputes (...) about the actual effects of proposed public policies—lie at the heart of the most important divisions in contemporary American public opinion. However, people do not necessarily interpret their political disagreements this way. If they fail to recognize that facts that they see as self-evident are disputed by their opponents, they may see their opponents as having different values, since there could be few other explanations for their opponents' disagreement with them. However, evidence that disagreements about facts are really driving public opinion can be found by using conditional surveys, which ask respondents if they would support a given policy if they believed that it would cause specific negative consequences. (shrink)

Why do we formulate arguments? Usually, things such as persuading opponents, finding consensus, and justifying knowledge are listed as functions of arguments. But arguments can also be used to stimulate reflection on one’s own reasoning. Since this cognitive function of arguments should be important to improve the quality of people’s arguments and reasoning, for learning processes, for coping with “wicked problems,” and for the resolution of conflicts, it deserves to be studied in its own right. This contribution develops first steps (...) towards a theory of reflective argumentation. It provides a definition of reflective argumentation, justifies its importance, delineates it from other cognitive functions of argumentation in a new classification of argument functions, and it discusses how reflection on one’s own reasoning can be stimulated by arguments. (shrink)

My aim in this paper is to clarify Kant’s conception of self-contentment, which is a particular kind of satisfaction associated with being a virtuous person. I do so by placing the term in the context of Kant’s answer to an objection made by Kant’s contemporary Christian Garve, namely the objection that if virtuous action is accompanied by a feeling of satisfaction, then virtuous action might only performed in order to experience this feeling of satisfaction . I begin by illustrating the (...) main features of Kant’s concept of self-contentment before turning to Garve’s objection and Kant’s response to it. I conclude by clarifying the differences between self-contentment, respect for the moral law, and Kant’s concept of moral pleasure. (shrink)

Recently proposed models of risky choice imply systematic violations of transitivity of preference. This study explored whether people show the predicted intransitivity of the two models proposed to account for the certainty effect in Allais paradoxes. In order to distinguish “true” violations from those produced by “error,” a model was fit in which each choice can have a different error rate and each person can have a different pattern of preferences that need not be transitive. Error rate for a choice (...) is estimated from preference reversals between repeated presentations of the same choice. Results showed that few people repeated intransitive patterns. We can retain the hypothesis that all participants were transitive. (shrink)

This volume provides a critical survey of the major figures and ideas of 20th century political philosophy.

Among the many problems posed by Peirce's concept of abduction is how to determine the scope of this form of inference, and how to distinguish different types of abduction. This problem can be illustrated by taking a look at one of his best known definitions of the term:Abduction is the process of forming an explanatory hypothesis. It is the only logical operation which introduces any new idea; for induction does nothing but determine a value, and deduction merely evolves the necessary (...) consequences of a pure hypothesis.The second half of this quote is not part of the definition, but an explanation of it. However, it adds something to this definition because it says implicitly that there are only three logical.. (shrink)