In lieu of an abstract, here is a brief excerpt of the content:Evidence of Augustinian 'Ressourcement' in the Franciscan Summa Halensis:The Cases of Contra Faustum and De spiritu et litteraMichael S. HahnAmong the thornier issues surrounding the Parisian Franciscan collaborative compilation Summa Halensis1 is the matter of its sources, consideration of which most often involves discernment of its contributing authors and their engagement with near-contemporary texts and trends in twelfth- and thirteenth-century scholastic theology.2 Hiding in plain sight, and thus easily (...) overlooked in this array of detailed concerns, is the privileged place afforded to Augustine of Hippo—and more precisely, to historically underexamined and underutilized of his works—within certain sections of the Franciscan Summa, a dynamic that seems to indicate a deliberate Augustinian ressourcement alongside more standard scholastic uses of stock textual auctoritates.3 [End Page 59]In order to establish the plausibility and general contours of such ressourcement, the present study examines the deployment of Augustine's Contra Faustum and De spiritu et littera in the Franciscan Summa's treatise on law, outlining both the originality and significance of this usage. The study falls into three main parts. In the first part, I offer a brief introduction to these two works, noting their import vis-à-vis Augustine's broader corpus. In the second, I provide a rough sketch of their respective reception histories, limning the standards of use that obtain in twelfth- and thirteenth-century scholastic writings prior to the Franciscan Summa. And in the third part, I detail the employment of these two works in the Summa itself, attending to where and how they are used, and how this usage variously coheres with and moves beyond the preceding theological tradition. Finally, by way of conclusion, I gesture at the immediate impact of this usage, taking as my primary example the later Summa theologiae of Thomas Aquinas. As I aim to show, although these important Augustinian works were not entirely unknown in the twelfth and early thirteenth centuries, there is little evidence of their first-hand utilization in scholastic theology prior to that of the Summa Halensis. Moreover, the Franciscan Summa's ample and markedly astute use of these works can be seen not only to undergird the Augustinian cast of its teaching on the distinction and relation of law and grace, but also to initiate and direct a broader return to these sources among the next generation of mendicant scholastics, Franciscan and Dominican alike.I. Augustine's Contra Faustum and De spiritu et litteraThe present inquiry concerns two very different polemic texts of Augustine that originate from the first decade and a half of the fifth century: the Contra Faustum, composed from around 400 to 403, one of the latest—and by far the longest and most biblically focused—of Augustine's anti-Manichaean works;4 and De spiritu et littera, composed in 412, [End Page 60] among the first of his works against the Pelagians.5 The length and sprawl of the former work is noted by Augustine in his Retractationes, where he presents this as a function of the scattered array of attacks by the Manichaean Faustus of Mileve:Against Faustus the Manichaean, who blasphemed the law and the prophets and their God and the incarnation of Christ, and who asserted that the scriptures of the New Testament by which he is refuted were falsified, I wrote a massive work (grande opus), giving my replies to his words that are set forth. There are thirty-three debates (disputationes), but why may I not call them books (libros) as well? For even if some among them are brief, they are nonetheless books.6Although Augustine touches on many other points in this "massive work," his main task centers on defending and elucidating the divinely ordered harmony of the Old and New Testaments in proclaiming Christ.7 The procedure he employs is chiefly exegetical, involving assertion of the prophetic nature of the Old Testament and illustration of this via figural interpretation of particular passages. What is most distinctive about the Contra Faustum is this specific approach to the Old Testament and its signature emphasis on the prophetic status of those from whom Christ takes his flesh, who especially through the giving... (shrink)

This, the 21st volume in the Library of Living Philosophers, is more than Sir Alfred Ayer's final word on the philosophical issues that preoccupied him for more than sixty years; the list of contributors is a roll-call of some of the greatest living figures in philosophy, each expertly addressing a key problem arising in Ayer's work. Most of the critical papers are answered directly and in detail by Sir Alfred-he completed his replies to 21 of the 24 papers before his (...) death. Contributors include: A. J. Ayer, Evandro Agazzi, James Campbell, David S. Clarke, Michael Dummett, Elizabeth Eames, John Foster, Dimitri Ginev, Paul Gochet, Martin Hollis, Ted Honderich, Tscha Hung, Peter Kivy, Arne Naess, D. J. O'Connor, Desiree Park, David Pears, Azarya Polikarov, Hilary Putnam, Francisco Miró, Quesada C., A. Anthony Quinton, Emanuele Riverso, Ernest Sosa, T. L. S. Sprigge, Barry Stroud, and David Wiggins. (shrink)

I show that de Finetti’s coherence theorem is equivalent to the Hahn-Banach theorem and discuss some consequences of this result. First, the result unites two aspects of de Finetti’s thought in a nice way: a corollary of the result is that the coherence theorem implies the existence of a fair countable lottery, which de Finetti appealed to in his arguments against countable additivity. Another corollary of the result is the existence of sets that are not Lebesgue measurable. I offer (...) a subjectivist interpretation of this corollary that is concordant with de Finetti’s views. I conclude by pointing out that my result shows that there is a sense in which de Finetti’s theory of subjective probability is necessarily nonconstructive. This raises questions about whether the coherence theorem can underwrite a legitimate theory of rational belief. (shrink)

The present paper investigates why logical empiricists remained silent about one of the most philosophy-laden matters of theoretical physics of their day, the principle of least action (PLA). In the two decades around 1900, the PLA enjoyed a remarkable renaissance as a formal unification of mechanics, electrodynamics, thermodynamics, and relativity theory. Taking Ernst Mach's historico-critical stance, it could be liberated from much of its physico-theological dross. Variational calculus, the mathematical discipline on which the PLA was based, obtained a new rigorous (...) basis. These three developments prompted Max Planck to consider the PLA as formal embodiment of his convergent realist methodology. Typically rejecting ontological reductionism, David Hilbert took the PLA as the key concept in his axiomatizations of physical theories. It served one of the main goals of the axiomatic method: ''deepening the foundations.'' Although Moritz Schlick was a student of Planck's, and Hans Hahn and Philipp Frank enjoyed close ties to Gottingen, the PLA became a veritable Shibboleth to them. Rather than being worried by its historical connections with teleology and determinism, they erroneously identified Hilbert's axiomatic method tout court with Planck's metaphysical realism. Logical empiricists' strict containment policy against metaphysics required so strict a separation between physics and mathematics to exclude even those features of the PLA and the axiomatic method not tainted with metaphysics. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Remembering Herb FingaretteMichael Nylan (bio)Over the years, several people have remarked to me that Herb "disappeared" or "disengaged" after his retirement. His standing, at the time of his retirement, was beautifully captured in the 1999 volume Rules, Rituals, and Responsibility: Essays Dedicated to Herbert Fingarette, edited by his student Mary Bockover.But remembering Herb Fingarette, I recall the first two times I spoke with him, by email and eventually in (...) person. I wrote, while preparing the Norton Critical Edition of the Analects, the brief sketch I had devised, mainly on the basis of Confucius: The Secular as Sacred, in which I described him as a New Confucian and a pragmatist. He promptly wrote back to deny both philosophical affiliations. (Hans Sluga's remarks below suggest that Herb did not see himself as a joiner or partisan.) But I got the rest right, apparently, as my sketch of him circled around the opening to his book, a work that changed many people's lives, including those of two friends of mine, Henry Rosemont and Roger Ames:When I began to read Confucius, I found him to be a prosaic and parochial moralizer. … Later, and with increasing force, I found him a thinker with profound insight and with an imaginative vision of man equal in its grandeur to any I know. … Confucius can be a teacher to us today—a major teacher, not one who merely gives us a slightly exotic perspective on the ideas already current. He tells us things not being said elsewhere; things needing to be said. He has a new lesson to teach.1Herb's contribution in that book lay mainly in his willingness to rethink Confucius from the ground up, "to make him new." To the day before he died, that was Herb, still evolving and reformulating his thoughts. One glimpses this in "Being Ninety-Seven," the documentary about Herb that his grandson Andrew Hasse directed and edited, one short clip of which has drawn no fewer than five million views on YouTube, under the title "The Meaning of Life: A Ninety-Seven Year Old Philosopher Looks at Life."I finally met Herb on a fine spring day in 2010, some three years after he had moved to Berkeley, when Henry Rosemont, Jr. happened to be in town. Henry insisted I meet Herb, and he was plainly immensely proud of being the first to write a good review of Herb's work, which so many [End Page 857] Click for larger view View full resolutionHerbert Fingarette, 1921–2018. Photo © Thomas H. Hahn.eminent Sinologists had panned (Herb being outside the field; Herb saying something that might force a change in their ways of thinking; Herb being so clear about his ideas that there was no academic obfuscation). Herb had always been one of the few gods in my academic pantheon, and I was frankly a bit scared to meet him and sound stupid. But Henry had a genius for bringing people together, and by the end of the first meeting Herb and I were well on our way to becoming fast friends. (It didn't hurt that Herb's only child, Ann Hasse, was about to marry one of the Berkeley colleagues whom I most esteem, Erich Gruen.)A few years later, after his wife Leslie died, I asked him, after a decent interval, whether writing so powerfully about the philosophy of dying had helped him when he was confronting it in the case of Leslie, his beloved wife and astute editor. He said quietly, "Not one bit," and from then on I knew I could absolutely trust him. For such a complex man, he was also a person who embraced radical honesty and full engagement, which meant that Herb, nearly always exquisitely polite, could on rare occasions burst forth with a snarky comment, when particularly frustrated with the world or its inhabitants. He was a human being keenly aware of the responsibility that survival brought, despite the frailties encountered when going through life. One felt always that one was conversing with a lifelong seeker after truths large and small, with the result that many a time he was impatient with my tendency... (shrink)

Originally published: Oxford: Clarendon, 1997.

The concept of causation is fundamental to ascribing moral and legal responsibility for events. Yet the precise relationship between causation and responsibility remains unclear. This book clarifies that relationship through an analysis of the best accounts of causation in metaphysics, and a critique of the confusion in legal doctrine.

The concept of causation is fundamental to ascribing moral and legal responsibility for events. Yet the precise relationship between causation and responsibility remains unclear. This book clarifies that relationship through an analysis of the best accounts of causation in metaphysics, and a critique of the confusion in legal doctrine. The result is a powerful argument in favour of reforming the moral and legal understanding of how and why we attribute responsibility to agents.

This article explores the relationships between legal proof and fundamental epistemic concepts such as knowledge and justification. A survey of the legal literature reveals a confusing array of seemingly inconsistent proposals and presuppositions regarding these relationships. This article makes two contributions. First, it reconciles a number of apparent inconsistencies and tensions in accounts of the epistemology of legal proof. Second, it argues that there is a deeper connection between knowledge and legal proof than is typically argued for or presupposed in (...) the legal literature. This connection is illustrated through a discussion of the Gettier problem in epistemology. It is argued that the gap or disconnect between truth and justification that undermines knowledge in Gettier cases also potentially undermines the success of legal verdicts. (shrink)

The third edition of a work that defines the field of cognitive neuroscience, with extensive new material including new chapters and new contributors.

Advaita Vedānta is one of the best-known schools of Indian philosophy, but much of its history-a history closely interwoven with that of medieval and modern Hinduism-remains surprisingly unexplored. This book focuses on a single remarkable work and its place within that history: The Ocean of Inquiry, a vernacular compendium of Advaita Vedānta by the North Indian monk Niścaldās (ca. 1791 - 1863). Though not well known today, Niścaldās's work was once referred to by Vivekananda (himself a key figure in the (...) shaping of modern Hinduism) as the most influential book in India. The present book situates The Ocean of Inquiry as a representative of both a neglected genre (vernacular Vedānta) and a neglected period (ca. 17th-19th centuries) in the history of Indian philosophy. It argues that the rise of Advaita Vedānta to a position of prestige began well before the period of British rule in India, and that vernacular texts like The Ocean of Inquiry played an important role in popularizing Vedāntic teachings. It also offers a new appraisal of the period of late Advaita Vedānta, arguing that it should not be seen as one of barren scholasticism. For thinkers like Niścaldās, intellectual "inquiry" (vicāra) was not an academic exercise but a spiritual practice-indeed, it was the central practice on the path to liberation. The book concludes by arguing that without understanding both vernacular Vedānta and the scholasticism of the period, one cannot fully understand the emergence of modern Hinduism. (shrink)

ABSTRACTThis article defends the importance of epistemic safety for legal evidence. Drawing on discussions of sensitivity and safety in epistemology, the article explores how similar considerations apply to legal proof. In the legal context, sensitivity concerns whether a factual finding would be made if it were false, and safety concerns how easily a factual finding could be false. The article critiques recent claims about the importance of sensitivity for the law of evidence. In particular, this critique argues that sensitivity does (...) not have much of an effect on the value of legal evidence and that it fails to explain legal doctrine. By contrast, safety affects the quality of legal evidence, and safety better explains central features of the law of evidence, including probative value, admissibility rules, and standards of proof. (shrink)

A recalcitrant emotion is one which conflicts with evaluative judgement. (A standard example is where someone is afraid of flying despite believing that it poses little or no danger.) The phenomenon of emotional recalcitrance raises an important problem for theories of emotion, namely to explain the sense in which recalcitrant emotions involve rational conflict. In this paper I argue that existing ‘neojudgementalist’ accounts of emotions fail to provide plausible explanations of the irrationality of recalcitrant emotions, and develop and defend my (...) own neojudgementalist account. On my view, recalcitrant emotions are irrational insofar as they incline the subject to accept an evaluative construal that the subject has already rejected. (shrink)

Starting from Marr's ideas about levels of explanation, a theory of the data structures and access processes in human memory is demonstrated on 10 tasks. Functional characteristics of human memory are captured implementation-independently. Our theory generates a multidimensional task classification subsuming existing classifications such as the distinction between tasks that are implicit versus explicit, data driven versus conceptually driven, and simple associative (two-way bindings) versus higher order (threeway bindings), providing a broad basis for new experiments. The formal language clarifies the (...) binding problem in episodic memory, the role of input pathways in both episodic and semantic (lexical) memory, the importance of the input set in episodic memory, and the ubiquitous calculation of an intersection in theories of episodic and lexical access. (shrink)

At the University of Sheffield between 2011 and 2012, a leading group of philosophers, psychologists, and others gathered to explore the nature and significance of implicit bias. The two volumes of Implicit Bias and Philosophy emerge from these workshops. Each volume philosophically examines core areas of psychological research on implicit bias as well as the ramifications of implicit bias for core areas of philosophy. Volume II: Moral Responsibility, Structural Injustice, and Ethics is comprised of three parts. “Moral Responsibility for Implicit (...) Bias” contains chapters examining the relationship of implicit biases to concepts that are central to moral responsibility, including control, awareness, reasons-responsiveness, and alienation. The chapters in the second part—“Structural Injustice”—explore the connections between the implicit biases held by individuals and the structural injustices of the societies in which they are situated. And finally, the third part—“The Ethics of Implicit Bias: Theory and Practice”—contains chapters examining strategies for implicit attitude change, the ramifications of research on implicit bias for philosophers working in ethics, and suggestions for combating implicit biases in the fields of philosophy and law. (shrink)

The elephant in the room -- Crabs and octopuses -- The central intelligence of a frog -- The cerebral cortex and consciousness -- Social consciousness -- Yoda and Darth: how can we find -- Consciousness in the brain? -- The hard problem and other perspectives on consciousness -- Conscious machines -- Uploading minds -- How to build visual consciousness.

The article explores the agreements and disagreements between the author and the authors of Responsible Brains on how neuroscience relates to moral responsibility. The agreements are fundamental: neuroscience is not the harbinger of revolutionary revision of our views of when persons are morally responsible for the harms that they cause. The disagreements are in the details of what is needed for neuroscience to be the helper of the moral sciences.

This work provides, for the first time, a unified account of the theory of action presupposed by both British and American criminal law and its underlying morality. It defends the view that human actions are volitionally caused body movements. This theory illuminates three major problems in drafting and implementing criminal law--what the voluntary act requirement does and should require, what complex descriptions of actions prohibited by criminal codes both do and should require, and when the two actions are the "same" (...) for purposes of assessing whether multiple prosecutions and multiple punishments are warranted. The book contributes to the development of a coherent theory of action in philosophy. It provides a grounding in three of the most basic elements of criminal liability for legislators, judges, and the lawyers who argue to them. (shrink)

Work was conducted among traditional, subsistence whale hunters in Lamalera, Indonesia, in order to test if strict biological kinship or lineage membership is more important for explaining the organization of cooperative hunting parties ranging in size from 8 to 14 men. Crew identifications were collected for all 853 hunts that occurred between May 3 and August 5, 1999. Lineage identity and genetic relatedness were determined for a sample of 189 hunters. Results of matrix regression show that genetic kinship explains little (...) of the hunters’ affiliations independent of lineage identity. Crew members are much more closely related to each other than expected by chance, but this is due to the correlation between lineage membership and genetic kinship. Lineage members are much more likely to affiliate in crews, but kin with r<0.5 are just as likely not to affiliate. The results are discussed vis-à-vis the evolution of cooperation and group identity. (shrink)

The traditional desire view of painfulness maintains that pain sensations are painful because the subject desires that they not be occurring. A significant criticism of this view is that it apparently succumbs to a version of the Euthyphro Dilemma: the desire view, it is argued, is committed to an implausible answer to the question of why pain sensations are painful. In this paper, I explain and defend a new desire view, and one which can avoid the Euthyphro Dilemma. This new (...) view maintains that painfulness is a property, not of pain sensations, but of a pain experience, understood as a relational state constituted by a pain sensation and a desire that the sensation not be occurring. (shrink)

In Consciousness and the Social Brain, Princeton neuroscientist Michael Graziano lays out an audacious new theory to account for the deepest mystery of them all.

This chapter focuses on the question of whether true belief can have final value because it answers our ‘intellectual interest’ or ‘natural curiosity’. The idea is that sometimes we are interested in the truth on some issue not for any ulterior purpose, but simply because we are curious about that issue. It is argued that this approach fails to provide an adequate explanation of the final value of true belief, since there is an unbridgeable gap between our valuing the truth (...) on some issue for its own sake, and that truth's being valuable for its own sake. (shrink)

The perceptual model of emotions maintains that emotions involve, or are at least analogous to, perceptions of value. On this account, emotions purport to tell us about the evaluative realm, in much the same way that sensory perceptions inform us about the sensible world. An important development of this position, prominent in recent work by Peter Goldie amongst others, concerns the essential role that virtuous habits of attention play in enabling us to gain perceptual and evaluative knowledge. I think that (...) there are good reasons to be sceptical about this picture of virtue. In this essay I set out these reasons, and explain the consequences this scepticism has for our understanding of the relation between virtue, emotion, and attention. In particular, I argue that our primary capacity for recognizing value is in fact a non-emotional capacity. (shrink)

Negligence is a problematic basis for being morally blamed and punished for having caused some harm, because in such cases there is no choice to cause or allow—or risk causing or allowing—such harm to occur. The standard theories as to why inadvertent risk creation can be blameworthy despite the lack of culpable choice are that in such cases there is blame for: (1) an unexercised capacity to have adverted to the risk; (2) a defect in character explaining why one did (...) not advert to the risk; (3) culpably acquiring or failing to rid oneself of these defects of character at some earlier time; (4) flawed use of those practical reasoning capacities that make one the person one is; or (5) chosen violation of per se rules about known precautions. Although each of these five theories can justify blame in some cases of negligence, none can justify blame in all cases intuitively thought to be cases of negligence, nor can any of these five theories show why inadvertent creation of an unreasonable risk, pure and simple, can be blameworthy. (shrink)

Although Hume’s theory of the passions has been vigorously criticized by contemporary philosophers, Hume’s immediate successors are seldom credited with serious criticisms of that theory. In fact, insofar as their views are considered at all, they typically are summarily dismissed. Alasdair MacIntyre’s treatment is a good illustration.

In various areas of Anglo-American law, legal liability turns on causation. In torts and contracts, we are each liable only for those harms we havecausedby the actions that breach our legal duties. Such doctrines explicitly make causation an element of liability. In criminal law, sometimes the causal element for liability is equally explicit, as when a statute makes punishable any act that has “caused… abuse to the child….” More often, the causal element in criminal liability is more implicit, as when (...) criminal statutes prohibitkillings, maimings, rapings, burnings, etc. Such causally complex action verbs are correctly applied only to defendants who have caused death, caused disfigurement, caused penetration, caused fire damage, etc. (shrink)

Contemporary psycholinguistic models place significant emphasis on the cognitive processes involved in the acquisition, recognition, and production of language but neglect many issues related to the representation of language-related information in the mental lexicon. In contrast, a central tenet of network science is that the structure of a network influences the processes that operate in that system, making process and representation inextricably connected. Here, we consider how the structure found across phonological networks of several languages from different language families may (...) influence language processing as we age and experience diseases that affect cognition during the typical and atypical acquisition of new words, during typical perception and production of speech in adults, and during language change over time. We conclude that the network science approach may not only provide insights into specific language processes but also provide a way to connect the work from these domains, which are becoming increasingly balkanized. (shrink)

This book addresses the philosophical questions that arise when neuroscientific research and technology are applied in the legal system. The empirical, practical, ethical, and conceptual issues that Pardo and Patterson seek to redress will deeply influence how we negotiate and implement the fruits of neuroscience in law and policy in the future.

The perceptual model of emotions maintains that emotions involve, or are at least analogous to, perceptions of value. On this account, emotions purport to tell us about the evaluative realm, in much the same way that sensory perceptions inform us about the sensible world. An important development of this position, prominent in recent work by Peter Goldie amongst others, concerns the essential role that virtuous habits of attention play in enabling us to gain perceptual and evaluative knowledge. I think that (...) there are good reasons to be sceptical about this picture of virtue. In this essay I set out these reasons, and explain the consequences this scepticism has for our understanding of the relation between virtue, emotion, and attention. In particular, I argue that our primary capacity for recognizing value is in fact a non-emotional capacity. (shrink)

Cover -- Half Title -- Title Page -- Copyright Page -- Table of Contents -- List of Contributors -- Preface -- Foreword -- Introduction -- Chapter 1 Alternate Possibilities and Moral Responsibility -- Chapter 2 Responsibility and Alternative Possibilities -- Chapter 3 Blameworthiness and Frankfurt's Argument Against the Principle of Alternative Possibilities -- Chapter 4 In Defense of the Principle of Alternative Possibilities: Why I Don't Find Frankfurt's Argument Convincing -- Chapter 5 Responsibility, Indeterminism and Frankfurt-style Cases: A Reply to (...) Mele and Robb -- Chapter 6 Classical Compatibilism: Not Dead Yet -- Chapter 7 Bbs, Magnets and Seesaws: The Metaphysics of Frankfurt-style Cases -- Chapter 8 Moral Responsibility without Alternative Possibilities -- Chapter 9 Freedom, Foreknowledge and Frankfurt -- Chapter 10 Source Incompatibilism and Alternative Possibilities -- Chapter 11 Robustness, Control, and the Demand for Morally Significant Alternatives: Frankfurt Examples with Oodles and Oodles of Alternatives -- Chapter 12 Alternate Possibilities and Reid's Theory of Agent-causation -- Chapter 13 Responsibility and Agent-causation -- Chapter 14 Soft Libertarianism and Flickers of Freedom -- Chapter 15 'Ought' Implies 'Can', Blameworthiness, and the Principle of Alternate Possibilities -- Chapter 16 The Moral Significance of Alternate Possibilities -- Chapter 17 The Selling of Joseph - A Frankfurtian Interpretation -- Chapter 18 Some Thoughts Concerning PAP -- Bibliography -- Index. (shrink)

Message from the planet -- When prophecy fails -- Energy and empire -- Climate economics -- Ethical emissions -- Dwelling in the light -- Mobility and pilgrimage -- Faithful feasting -- Remembering in time.

This article details how patent law works to create discrete, immutable biological ‘objects’. This socio-legal maneuver is necessary to distinguish these artifacts from the unwieldy realm of the natural world. The creation of ‘objects’ also serves the interests of capital, where a stable, unchanging, immutable object goes hand in hand with commodification. Yet this stabilization is incomplete. Pointing to a variety of different examples, this article illustrates how biotech patents do not speak to specific, immutable things. Biotech patents, rather, are (...) better understood as ontologically fluid, which is to say their identity cannot be ‘fixed’ — or, at least, not without undermining the very existence of today’s biotechnology regime. The article concludes by speaking briefly about how this mutability is perpetuating certain inequalities, particularly between holders of various property forms. (shrink)

Negligence is a problematic basis for being morally blamed and punished for having caused some harm, because in such cases there is no choice to cause or allow—or risk causing or allowing—such harm to occur. The standard theories as to why inadvertent risk creation can be blameworthy despite the lack of culpable choice are that in such cases there is blame for: (1) an unexercised capacity to have adverted to the risk; (2) a defect in character explaining why one did (...) not advert to the risk; (3) culpably acquiring or failing to rid oneself of these defects of character at some earlier time; (4) flawed use of those practical reasoning capacities that make one the person one is; or (5) chosen violation of per se rules about known precautions. Although each of these five theories can justify blame in some cases of negligence, none can justify blame in all cases intuitively thought to be cases of negligence, nor can any of these five theories show why inadvertent creation of an unreasonable risk, pure and simple, can be blameworthy. (shrink)