The mystery does not always end when the crime has been solved. Indeed, the most insolvable problems of crime and punishment are not so much who committed the crime, but how to see that justice is done. Now, in this illuminating volume, one of America's great legal thinkers, Norval Morris, addresses some of the most perplexing and controversial questions of justice in a highly singular fashion--by examining them in fictional form, in what he calls "parables of the law." The (...) protagonist of these stories, the figure who must see that justice is done, is Eric Blair, a name familiar to most readers: it's the real name of George Orwell. In fact, Morris has set his tales in the time and place of Orwell's famous essay, "Shooting an Elephant," in Moulmein, Burma, in the 1920s. What might seem a curious strategy at first glance--borrowing Orwell's persona to narrate these tales--is actually a brilliant stroke. For in Eric Blair we have an ideal narrator to highlight the complexities of justice: an untrained police lieutenant and junior magistrate, uncertain of judgement--and all the more likely to anguish over judgement, and to examine every facet of a case before deciding. And in 1920s Moulmein we have a neutral time and space in which to consider--free of our own political, religious, or social prejudices--a set of contemporary legal and moral questions that rarely find so calm an arena. And these stories certainly address some highly charged issues--capital punishment, insanity as a murder defense, the "battered wife syndrome" as a murder defense, child custody, "parental neglect" due to religious conviction--to name a few. In each tale, Norval Morris excels at placing Blair at the center of a controversy that has no easy answer, and that he and he alone must decide. In the title story, for instance, a retarded boy, whose only understanding of sex comes from the brothel in which he works, accidentally murders a young girl while raping her, his only defense being "Please sir, I paid her." Blair can see that the boy doesn't realize that he has committed a crime, but both the Burmese and the European community of Moulmein demand the boy's execution. Does capital punishment make sense in such an instance? Does it ever make sense? To broaden our understanding of these intricate cases, Morris concludes each story with a perceptive and often provocative commentary on each issue. After "Brothel Boy," for instance, Morris points out that no reputable study has ever shown capital punishment to be an effective deterrent to future murders, and more surprisingly, that paroled murderers commit proportionately fewer homicides than paroled felons who used a firearm in the commission of their crime. Norval Morris is one of America's foremost experts on crime and punishment, and the stories collected here represent the culmination of a lifetime of thought on the major criminal law debates of our time. A reader of these tales will come away with a deeper understanding of these debates and with a profound respect for the intricacies of justice and the complexity of the law. (shrink)

This volume of new essays brings together leading philosophers, historians, legal scholars, social thinkers, and literary critics to examine the far-reaching ...

Gayatri Chakravorty Spivak's original essay "Can the Subaltern Speak?" transformed the analysis of colonialism through an eloquent and uncompromising argument that affirmed the contemporary relevance of Marxism while using deconstructionist methods to explore the international division of labor and capitalism's "worlding" of the world. Spivak's essay hones in on the historical and ideological factors that obstruct the possibility of being heard for those who inhabit the periphery. It is a probing interrogation of what it means to have political subjectivity, to (...) be able to access the state, and to suffer the burden of difference in a capitalist system that promises equality yet withholds it at every turn. Since its publication, "Can the Subaltern Speak?" has been cited, invoked, imitated, and critiqued. In these phenomenal essays, eight scholars take stock of the effects and response to Spivak's work. They begin by contextualizing the piece within the development of subaltern and postcolonial studies and the quest for human rights. Then, through the lens of Spivak's essay, they rethink historical problems of subalternity, voicing, and death. A final section situates "Can the Subaltern Speak?" within contemporary issues, particularly new international divisions of labor and the politics of silence among indigenous women of Guatemala and Mexico. In an afterword, Spivak herself considers her essay's past interpretations and future incarnations and the questions and histories that remain secreted in the original and revised versions of "Can the Subaltern Speak?"—both of which are reprinted in this book. (shrink)

Morris N. Eagle explores the understanding and role of subjective experience in the disciplines of psychology, psychoanalysis, and philosophy of mind. Elaborating how different understandings of subjective experience give rise to very different theories of the nature of the mind, Eagle then explains how these shape clinical practices. In particular, Eagle addresses the strong tendency in the disciplines concerned with the nature of the mind to overlook the centrality of subjective experience in one's life, to view it with suspicion, (...) and to reduce it to neural processes. Describing examples of research in which subjective experience is a central variable, Eagle provides an outline of a model in which the dichotomy of conscious and unconscious is supplemented by subjective experience as a continuum. This book is essential reading for psychoanalysts, psychoanalytic psychotherapists, psychologists and anyone wishing to gain a deeper understanding of the importance of theories of the mind to therapeutic practice. (shrink)

Focusing on the rise of the mechanistic idea that we can know the natural world only by distancing ourselves from it, Berman shows how science acquired its ...

A characteristic feature of Wagnerian and post-Wagnerian opera is the tendency to link scenes with numerous and often surprisingly lengthy orchestral interludes, frequently performed with the curtain closed. Often taken for granted or treated as a filler by audiences and critics, these interludes can take on very prominent roles, representing dream sequences, journeys and sexual encounters, and in some cases becoming a highlight of the opera. Christopher Morris investigates the implications of these important but strangely overlooked passages. Combining close (...) readings of individual musical texts with an investigation of the critical discourse surrounding the operas, Morris shows how the interludes shed light not only on the representational and narrative capacities of the orchestra, but also on the supposed 'absolute' realm of instrumental music, a concept to which many critics appealed when they associated the interludes with 'purely musical' and 'symphonic' qualities. (shrink)

Proofs are central, and unique, to mathematics. They establish the truth of theorems and provide us with the most secure knowledge we can possess. It is thus perhaps unsurprising that philosophers once thought that the only value proofs have lies in establishing the truth of theorems. However, such a view is inconsistent with mathematical practice. If a proof’s only value is to show a theorem is true, then mathematicians would have no reason to reprove the same theorem in different ways, (...) yet this is a practice they frequently engage in. This suggests that proofs can have a wide variety of values. My purpose in this chapter is to provide a survey of some of them. I will discuss how proofs can have practical value, for example, by helping mathematicians to make new discoveries or learn new mathematical tools, and how they can have abstract value, for example, by being beautiful or explanatory. I will also explore the relationships between different proof values. (shrink)

According to phenomenal transparency, phenomenal concepts are transparent where a transparent concept is one that reveals the nature of that to which it refers. What is the connection between phenomenal transparency and our concept of a subject of experience? This paper focuses on a recent argument, due to Philip Goff, for thinking that phenomenal transparency entails transparency about subjecthood. The argument is premissed on the idea that subjecthood is related to specific phenomenal properties as a determinable of more specific determinates. (...) I argue that the argument fails, which opens the door for one to endorse phenomenal transparency while denying transparency about the concept of a subject of experience. I draw out the consequences of this for certain versions of the combination problem for panpsychist metaphysics and moreover argue that rejecting the transparency of subjecthood does not undermine anti-physicalist arguments premissed on considerations relating to phenomenal transparency. (shrink)

This work stresses the illogical manner in which mathematics has developed, the question of applied mathematics as against 'pure' mathematics, and the challenges to the consistency of mathematics' logical structure that have occurred in the twentieth century.

Subjective feelings of familiarity associated with a stimulus tend to be strongest when specific information about the previous encounter with the stimulus is difficult to retrieve . Recognizing: The judgment of previous occurrence. Psychological Review, 87, 252–271.]). When a stimulus has been encountered previously and the circumstances of the encounter cannot be recollected, additional cognitive resources may be directed toward recollection processes; this resource allocation is accompanied by autonomic arousal [Dawson, M. E., Filion, D. L., & Schell, A. M. . (...) Is elicitation of the autonomic orienting response associated with allocation of processing resources?. Psychophysiology, 26, 560–572]. One easily measurable index of autonomic arousal is the skin conductance response . In the present study, participants studied lists of words and then gave recognition ratings to briefly displayed and masked studied and nonstudied test words while their SCRs were monitored. Results revealed a relationship between recognition ratings and the temporal characteristics of the SCR, supporting the idea that feelings of familiarity are indeed “feelings” in that they stem from autonomic arousal associated with cognitive resource allocation. (shrink)

Philosophers often suggest that their theories of free will are supported by our phenomenology. Just as their theories conflict, their descriptions of the phenomenology of free will often conflict as well. We suggest that this should motivate an effort to study the phenomenology of free will in a more systematic way that goes beyond merely the introspective reports of the philosophers themselves. After presenting three disputes about the phenomenology of free will, we survey the (limited) psychological research on the experiences (...) relevant to the philosophical debates and then describe some pilot studies of our own with the aim of encouraging further research. The data seem to support compatibilist descriptions of the phenomenology more than libertarian descriptions. We conclude that the burden is on libertarians to find empirical support for their more demanding metaphysical theories with their more controversial phenomenological claims. (shrink)

Thomas V. Morris introduces philosophical theology, examining God's goodness, power and knowledge; God's relationship to creation and time; and God's Incarnation and Trinity. A Contours of Christian Philosophy book. 180 pages, paper.

Incompatibilists believe free will is impossible if determinism is true, and they often claim that this view is supported by ordinary intuitions. We challenge the claim that incompatibilism is intuitive to most laypersons and discuss the significance of this challenge to the free will debate. After explaining why incompatibilists should want their view to accord with pretheoretical intuitions, we suggest that determining whether incompatibilism is in fact intuitive calls for empirical testing. We then present the results of our studies, which (...) put significant pressure on the claim that incompatibilism is intuitive. Finally, we consider and respond to several potential objections to our approach. (shrink)

Erik Wielenberg recently invoked the parent-child analogy in an argument against Christian theism. The argument relies on the claim that a loving parent would never allow her child to feel abandoned in the midst of what feels like gratuitous suffering. In this paper, I offer three clear counterexamples to Wielenberg’s central premise. At the same time, a successful counterexample does not a robust theology of suffering make. To that end, and with a careful eye towards anti-theodical concerns, I defend the (...) need for a more proactive Christian philosophical examination of the role of suffering in a meaningful life. (shrink)

While increasing numbers of philosophers have argued for eliminating the retributivist elements of criminal justice systems, their arguments often fall short due to internal inconsistency. Some of the best known of these arguments — such as those provided by Derk Pereboom and Gregg Caruso — rely on the claim that there are moral grounds for rejecting retributivism. In defending this claim, these philosophers typically provide arguments seeking to undermine the type of agent responsibility that they believe is needed to justify (...) retributivism. This is usually followed by an assertion that since the excessive suffering caused by retributivist punishment cannot be justified, it is therefore immoral to preserve remnants of it in our criminal justice systems. This paper — which opposes the moral case against retributivism provided by Pereboom and Caruso, and favors non-moral reasons that recommend rejecting a retributivist approach — is divided into three parts. In part one, I discuss why Pereboom and Caruso are correct in thinking that free will skepticism undercuts the moral justification for retributivism. Part two sets out to explain why their moral case against retributivism fails insofar as it runs afoul of the folk intuitions that are called upon to defend Pereboom’s account of free will skepticism. In part three, I provide a non-moral case against the retributivism that is founded on considerations of self-interest and empathy. (shrink)

In this dissertation I examine the ontological and systematic basis of Hegel’s social and political philosophy. I argue that the structures of the will, discussed in paragraphs five through seven of the Philosophy of Right, present the key for understanding the goal and the argumentative structure of that work. Hegel characterizes the will in terms of the oppositions between the universal and the particular, the infinite and the finite, and the indeterminate and the determinate. Ultimately, he argues that we must (...) grasp the will as the unity of these oppositional moments. The Philosophy of Right presents an extended attempt to grasp this unity. -/- In order to central problem presented by the structure of the will, I argue that we must first recognize the will as the highest instantiation of the more general structures that constitute the notion. On my interpretation, the term ‘notion’ designates Hegel’s doctrine of substance. More specifically, this term presents his conception of substance in terms of categories normally associated with human subjectivity, in terms of representation and purposive action. -/- The will presents the highest or truest instantiation of the notion. Various notions can be ranked along a spectrum in accordance with their degree of success at resolving the basic problem facing all objects – namely the problem of integrating or essentially relating identity and difference through self-constituting activity. The unification of identity and difference presents the central problem or paradox of Hegel’s philosophy. It is a paradox that takes many forms. In this dissertation, I show how change, the structure of judgment, and the nature of the object all exhibit this paradox. I also show how Hegel’s doctrine of the notion develops as a direct response to this paradox. Additionally, I argue that Hegel’s account of the structure of the will – as the unity of the universal and the particular, the unity of the infinite and the finite, and the unity of the indeterminate and the determinate – presents the highest manifestation of the paradox that arises when we seek to explain the unity of identity and difference. (shrink)

ELSI efforts long have been troubled by critiques that they privilege scientific frameworks and grant scientists the power to set ethical agendas. As the first director of the Human Genome Project’...

Introducing analytic philosophy -- F.H. Bradley and monistic idealism -- G.E. Moore on idealism, the good, and common sense -- Gottlob Frege : logic and the philosophy of language -- Bertrand Russell on relations, descriptions, and knowledge -- E.E. Constance Jones on language and logic -- Ludwig Wittgenstein on language and philosophy -- Logical empiricism : meaning, metaphysics, and mathematics -- Susan Stebbing on logic, language, and analysis -- W.V.O Quine on analyticity and ontology -- Analytic philosophy since 1950.

Conventional theory assumes that economic agents perform at optimal levels of efficiency by definition and this is achieved when individuals behave in a particular fashion. Moreover, neoclassical production theory masks the process by which optimal output can be achieved. I argue that economic theory should be revised to incorporate some key findings of behavioural economics, while retaining the conventional theory’s normative ideal of optimum output whilst rejecting its normative procedural ideals of how to achieve optimality in production. I argue that (...) neoclassical procedures can be expected to yield sub-optimal levels of output and therefore should not be benchmarks for procedural rationality. I present an alternative more realistic and analytically precise specification of the production function related to the fast and frugal heuristics narrative pioneered by Gigerenzer and Leibenstein’s x-efficient theory. This approach incorporates an understanding of the appropriate procedures, psychological and organization variables, decision-making capabilities and end-goals required to achieve optimality in production and, thereby, grow the wealth of nations, thereby enhancing the material wellbeing of the population at large. This also provides us with the tools to better identify economic inefficiency and the conditions that contribute to it. (shrink)

At a time when both scholars and the public demand explanations and answers to key economic problems that conventional approaches have failed to resolve, this groundbreaking handbook of original works by leading behavioral economists offers the first comprehensive articulation of behavioral economics theory. Borrowing from the findings of psychologists, sociologists, political scientists, legal scholars, and biologists, among others, behavioral economists find that intelligent individuals often tend not to behave as effectively or efficiently in their economic decisions as long held by (...) conventional wisdom. The manner in which individuals actually do behave critically depends on psychological, institutional, cultural, and even biological considerations. "Handbook of Contemporary Behavioral Economics" includes coverage of such critical areas as the Economic Agent, Context and Modeling, Decision Making, Experiments and Implications, Labor Issues, Household and Family Issues, Life and Death, Taxation, Ethical Investment and Tipping, and Behavioral Law and Macroeconomics. Each contribution includes an extensive bibliography. (shrink)