Much has been written about recidivist punishments, particularly within the area of criminology. However there is a notorious lack of penal philosophical reflection on this issue. This book attempts to fill that gap by presenting the philosopher’s view on this matter as a way of furthering the debate on recidivist punishments.

Inviting readers to ponder this genre's various manifestations since the late 1700s, this collection of probing essays allows fans and philosophy buffs alike to ...

It is now five years since P. J. Parsons published the Lille Callimachus, and the dust appears to have settled. The appearance of these fragments, which greatly increase our knowledge of the opening of the third book of the Aetia, has been followed by no great critical reaction. Apart from the attractive suggestion of E. Livrea that the ‘Mousetrap’ may belong within the story of Heracles and Molorchus, the episode has had somewhat limited impact. This is against the usual trend (...) of over-reaction to the publication of new literary texts , and is in part a tribute to the thoroughness and clarity with which Parsons presented the fragments. (shrink)

Among other things, R. O. A. M. Lyne's recent edition and commentary of the Ciris has established the general method of composition followed by this pseudo-neoteric poet: he demonstrably lifted wholesale and applied to his own poem words, phrases, lines, and even entire sequences from the works of the neoterics and the poets of the following generation. Accordingly, one of the poem's chief attributes is that it serves as a means for recovering the general content, and at times the actual (...) wording, of earlier, more important poetry. This paper offers some additional areas in the Ciris where such influence may exist. I confine myself to Cinna and Calvus, whose poetry may justly be considered the missing two-thirds of the neoteric movement. (shrink)

The text of this poem, already corrupt in the Palatine, has had a turbulent history over the last two centuries. Here is Page's version, the translation in Gow–Page, and my own somewhat expanded apparatus: I who in time past was good for five or nine times, now, Aphrodite, hardly manage once from early night to sunrise. The thing itself, – already often only at half-strength, – is gradually dying. That's the last straw. Old age, old age, what will you do (...) later when you come to me, if even now I am as languid as this. (shrink)

Introduction Immediately after the Second World War, when in the interests of denazification Germans were being investigated for their involvement in ...

Introduction: The Anarchist -- The Minister: 1756-93 -- The Philosopher: 1793 -- The Activist: 1794-95 -- The Husband: 1796-99 -- The Educator: 1800-09 -- The Father:1810-19 -- The Pensioner:1819-36 -- The Legacy.

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

Philosophers debate the death of philosophy as much as they debate the death of God. Kant claimed responsibility for both philosophy's beginning and end, while Heidegger argued it concluded with Nietzsche. In the twentieth century, figures as diverse as John Austin and Richard Rorty have proclaimed philosophy's end, with some even calling for the advent of "postphilosophy." In an effort to make sense of these conflicting positions—which often say as much about the philosopher as his subject—Isabelle Thomas-Fogiel undertakes (...) the first systematic treatment of "the end of philosophy," while also recasting the history of western thought itself. Thomas-Fogiel begins with postphilosophical claims such as scientism, which she reveals to be self-refuting, for they subsume philosophy into the branches of the natural sciences. She discovers similar issues in Rorty's skepticism and strands of continental thought. Revisiting the work of late-nineteenth and early-twentieth-century philosophers, when the split between analytical and continental philosophy began, Thomas-Fogiel finds both traditions followed the same path—the road of reference—which ultimately led to self-contradiction. This phenomenon, whether valorized or condemned, has been understood as the death of philosophy. Tracing this pattern from Quine to Rorty, from Heidegger to Levinas and Habermas, Thomas-Fogiel reveals the self-contradiction at the core of their claims while also carving an alternative path through self-reference. Trained under the French philosopher Bernard Bourgeois, she remakes philosophy in exciting new ways for the twenty-first century. (shrink)

The articles in this volume showcase the potential richness of frame representations. The presentation includes introductory articles on the application of frames to linguistics and philosophy of science, offering readers the tools to conduct the interdisciplinary investigation of concepts that frames allow. * Introductory articles on the application of frames to linguistics and philosophy of science * Frame analysis of changes in scientific concepts * Event frames and lexical decomposition * Properties, frame attributes and adjectives * Frames in concept composition (...) * Nominal concept types and determination "This volume deals with frame representations and their relations to concept types in linguistics and philosophy of science. It aims at reviving concepts and frames as a common model across disciplines for representing semantic and conceptual knowledge. Departing from the general assumption that frames are not just an arbitrary format of representation but essential to human cognition, a number of case studies apply frames as an analytical tool to a wide range of phenomena, from changes in scientific concepts to particular linguistic phenomena. This provides new insights into long-standing semantic issues, such as the lexical representation of verbs (as predicative frames specifying particular event descriptions or situation types and their participants), adjectives and nominals (as concept frames, which provide attributes and properties of an entity), as well as modification, complementation, possessive constructions, compounding, nominal concept types, determination, or definiteness marking." Bert Gehrke, Pompeu, Fabra University, Barcelona, Spain. (shrink)

The essays in this 1996 volume explore the ways in which traditional philosophical problems about self-knowledge, self-identity, and value have migrated into literature since the Romantic and Idealist periods. How do so-called literary works take up these problems in a new way? What conception of the subject is involved in this literary practice? How are the lines of demarcation between philosophy and literature problematised? The contributors examine these issues with reference both to Romantic and Idealist writers and to some of (...) their literary and philosophical inheritors and revisers. Their essays offer a philosophical understanding of the roots and nature of contemporary literary and philosophical practice, and elaborate, powerful and influential, but rarely decisively articulated, conceptions of the human subject and of value. (shrink)

BACKGROUND Patients with chronic pain face significant barriers in finding clinicians to manage long-term opioid therapy (LTOT). For patients on LTOT, it is increasingly common to have them sign opioid treatment agreements (OTAs). OTAs enumerate the risks of opioids, as informed consent documents would, but also the requirements that patients must meet to receive LTOT. While there has been an ongoing scholarly discussion about the practical and ethical implications of OTA use in the abstract, little is known about how clinicians (...) use them and if OTAs themselves modify clinician prescribing practices. OBJECTIVE To determine how clinicians use OTAs and the potential impacts of OTAs on opioid prescribing. DESIGN We conducted qualitative analysis of four focus groups of clinicians from a large Midwestern academic medical center. Groups were organized according to self-identified prescribing patterns: two groups for clinicians who identified as prescribers of LTOT, and two who did not. PARTICIPANTS 17 clinicians from General Internal Medicine, Family Medicine, and Palliative Care were recruited using purposive, convenience sampling. APPROACH Discussions were recorded, transcribed, and analyzed for themes using reflexive thematic analysis by a multidisciplinary team. KEY RESULTS Our analysis identified three main themes: (1) OTAs did not influence clinicians’ decisions whether to use LTOT generally but did shape clinical decision-making for individual patients; (2) clinicians feel OTAs intensify the power they have over patients, though this was not uniformly judged as harmful; (3) there is a potential misalignment between the intended purposes of OTAs and their implementation. CONCLUSION This study reveals a complicated relationship between OTAs and access to pain management. While OTAs seem not to impact the clinicians’ decisions about whether to use LTOT generally, they do sometimes influence prescribing decisions for individual patients. Clinicians shared complex views about OTAs’ purposes, which shows the need for more clarity about how OTAs could be used to promote shared decision-making, joint accountability, informed consent, and patient education. (shrink)

This paper presents an analysis of bluffing in labor negotiations from legal, economic, and ethical perspectives. It is argued that many forms of bluffing in labor negotiations are legal and economically advantageous, but that they typically constitute lying. Nevertheless it is argued that it is generally morally acceptable to bluff given a typical labor-management relationship where one's negotiating partner is familiar with and most likely employing bluffing tactics him/herself. We also consider whether it is an indictment of our present negotiating (...) practices and our economic system as a whole that, given the harsh realities of the marketplace, bluffing is usually morally acceptable. (shrink)

In a recent JME article, Joona Räsänen makes the case for allowing legal age change. We identify three problems with his argument and, on that basis, propose an improved version thereof. Unfortunately, even the improved argument is vulnerable to the objection that chronological age is a better proxy for justice in health than both legal and what we shall call official age.

This volume contains work by the very best young scholars working in Applied Ethics, gathering a range of new perspectives and thoughts on highly relevant topics, such as the environment, animals, computers, freedom of speech, human enhancement, war and poverty. For researchers and students working in or around this fascinating area of the discipline, the volume will provide a unique snapshot of where the cutting-edge work in the field is currently engaged and where it's headed.

The aim of this article is to provide a systematic reconstruction and critique of what is taken to be a central ethical concern against the use of non-medical egg freezing. The concern can be captured in what we can call the individualisation argument. The argument states, very roughly, that women should not use NMEF as it is an individualistic and morally problematic solution to the social problems that women face, for instance, in the labour market. Instead of allowing or expecting (...) women to deal with them on an individual level, we should address them by challenging the patriarchal structures of the labour market—for example, by securing equal pay, or paid maternal leave, or ‘paid paternal [partner] leave and sick leave and affordable child care’. It will be made clear that there are several versions of this argument. The author will try to elaborate this claim, and it will be explained that the differences depend on the way in which bioethicists believe that individuals use of NMEF is morally problematic, compared with the alternative of securing social change for women in, say, the labour market. Finally, a critical discussion of three versions of the individualisation argument will follow, and it will be shown why all versions are on rather thin ice, or in other words, that they are implausible. (shrink)

Whether it is morally acceptable to offer rehabilitation by CNS-intervention to criminals as a condition for early release constitutes an important neuroethical question. Bomann-Larsen has recently suggested that such interventions are unacceptable if the offered treatment is not narrowly targeted at the behaviour for which the criminal is convicted. In this article it is argued that Bomann-Larsen’s analysis of the morality of offers does not provide a solid base for this conclusion and that, even if the analysis is assumed to (...) be correct, it still does not follow that voluntary rehabilitation schemes targeting behaviour beyond the act for which a criminal is convicted are inappropriate. (shrink)

This paper examines several issues regarding deception in advertising. Some generally accepted definitions are considered and found to be inadequate. An alternative definition is proposed for legal/regulatory purposes and is related to a suggested definition of the term deception as it is used in everyday language. Based upon these definitions, suggestions are offered for detecting and regulating deception in advertising. This paper additionally considers the grounds for the generally held but largely unquestioned assumption that deceptive advertising is unethical. It is (...) argued that deceptive advertising can be shown to be morally objectionable, on the weak assumption that it is prima facie wrong to harm others. Finally, the implications of this analysis with respect to current regulation of deceptive advertising by the FTC are considered. (shrink)

This paper focuses on the 1986 Amendments to the False Claims Act of 1863, which offers whistle-blowers financial rewards for disclosing fraud committed against the U.S. government. This law provides an opportunity to examine underlying assumptions about the morality of whistle-blowing and to consider the merits of increased reliance on whistle-blowing to protect the public interest. The law seems open to a number of moral objections, most notably that it exerts a morally corrupting influence on whistle-blowers. We answer these objections (...) and argue that the law is not objectionable on these grounds. Since there are no compelling moral objections to the law, it is appropriate and acceptable to judge the law in terms of its economic costs and benefits. We assess the most salient of these and conclude that the benefits outweigh the costs. We suggest that a mechanism similar to the Act should be considered for protecting stockholders’ interests in the private sector. We conclude by making several proposals for improving the existing legislation. (shrink)

This paper focuses on the 1986 Amendments to the False Claims Act of 1863, which offers whistle-blowers financial rewards for disclosing fraud committed against the U.S. government. This law provides an opportunity to examine underlying assumptions about the morality of whistle-blowing and to consider the merits of increased reliance on whistle-blowing to protect the public interest. The law seems open to a number of moral objections, most notably that it exerts a morally corrupting influence on whistle-blowers. We answer these objections (...) and argue that the law is not objectionable on these grounds. Since there are no compelling moral objections to the law, it is appropriate and acceptable to judge the law in terms of its economic costs and benefits. We assess the most salient of these and conclude that the benefits outweigh the costs. We suggest that a mechanism similar to the Act should be considered for protecting stockholders' interests in the private sector. We conclude by making several proposals for improving the existing legislation. (shrink)

The 2018 eligibility regulation for female competitors with differences of sexual development (DSD) issued by World Athletics requires competitors with DSD with blood testosterone levels at or above 5 nmol/L and sufficient androgen sensitivity to be excluded from competition in certain events unless they reduce the level of testosterone in their blood. This paper formalises and then critically assesses the fairness-based argument offered in support of this regulation by the federation. It argues that it is unclear how the biological advantage (...) singled out by the regulation as an appropriate target for diminishment, is relevantly different from other biological advantages that athletes may enjoy, and specifically that Sigmund Loland’s recent attempt to drive a wedge between heightened levels of blood testosterone and other biological advantages fails. The paper also suggests that even if heightened blood testosterone levels do differ relevantly from other types of biological advantage, the regulation is further challenged by studies indicating that athletes with blood testosterone at the high end of the normal range have a competitive advantage over athletes with blood testosterone levels at the low end of it. Finally, the paper contends that the premises of the fairness-based argument do not unequivocally support the conclusion that DSD athletes with heightened levels of testosterone should diminish those levels, since, just as powerfully, they support allowing athletes with normal levels of testosterone to use performance-enhancing drugs in the name of fairness. (shrink)

The book defines and critically discusses the following five principles: the harm principle, legal paternalism, the offense principle, legal moralism and the dignity principle of criminalization. The book argues that all five principles raise important problems that point to rejections (or at least a rethink) of standard principles of criminalization. The book shows that one of the reasons why we should reject or revise standard principles of criminalization is that even the most plausible versions of the harm principle and legal (...) paternalism that have been offered so far are rendered redundant by general moral theories. Furthermore, it demonstrates that the other three principles (or versions thereof), the offense principle, legal moralism and the dignity principle of criminalization, can either be covered by the harm principle, thus making these principles also redundant, or be seen to have what look like other unacceptable implications (e.g. that versions of legal moralism are based on speculative and incorrect empirical assumptions or violate what is called the criminological levelling-down challenge). As such, there is reason to move beyond traditional principles of criminalization, and instead to investigate alternative principles the state should be guided by when attempting to justify which kinds of conduct should be criminalized. Moreover, this book presents and defends such a principle – the utilitarian principle of criminalization. (shrink)

It has become a mantra, that doping is immorally and therefore should be punished with exclusion, fines and stigmatization. In most parts of the world, the doping debate is characterised by an extreme tunnel vision since all athletes, politicians and sports managers who have public airtime express that doping is bad or the invention of the devil. -/- The purpose of 'Doping in Sport: A Defence' is to identify, clarify and challenge some of the central arguments that are used in (...) the often extremely emotional debate that primarily focuses on rejecting the use of doping. I hope that my effort to clarify and challenge the arguments will help cultivate a productive dialogue where all arguments are given a fair trial instead of the prevailing one-sided condemnation of doping. An open dialogue about doping is important since the question of where the line should be drawn when it comes to doping in sports is highly relevant in terms of the scope within which athletes, sports physicians, sports managers, coaches and pharmaceutical companies can operate in the world of sports. (shrink)

Most approaches to iterated belief revision are accompanied by some motivation for the use of the proposed revision operator (or family of operators), and typically encode enough information in the epistemic state of an agent for uniquely determining one-step revision. But in those approaches describing a family of operators there is usually little indication of how to proceed uniquely after the first revision step. In this paper we contribute towards addressing that deficiency by providing a formal framework which goes beyond (...) the first revision step in two ways. First, the framework is obtained by enriching the epistemic state of an agent starting from the following intuitive idea: we associate to each world x two abstract objects x⁺ and x⁻, and we assume that, in addition to preferences over the set of worlds, we are given preferences over this set of objects as well. The latter can be considered as meta-information encoded in the epistemic state which enables us to go beyond the first revision step of the revision operator being applied, and to obtain a unique set of preferences over worlds. We then extend this framework to consider, not only the revision of preferences over worlds, but also the revision of this extended structure itself. We look at some desirable properties for revising the structure and prove the consistency of these properties by giving a concrete operator satisfying all of them. Perhaps more importantly, we show that this framework has strong connections with two other types of constructions in related areas. Firstly, it can be seen as a special case of preference aggregation which opens up the possibility of extending the frame-work presented here into a full-fledged framework for preference aggregation and social choice theory. Secondly, it is related to existing work on the use of interval orderings in a number of different contexts. (shrink)

In this article, we critically discuss different versions of the fairness objection to the legalisation of neuro-doping. According to this objection, legalising neuro-doping will result in some enjoying an unfair advantage over others. Basically, we assess four versions. These focus on: 1) the unequal opportunities of winning for athletes who use neuro-doping and for those who do not; 2) the unfair advantages specifically for wealthy athletes; 3) the unfairness of athletic advantages not derived from athletes’ own training ; and 4) (...) the unfair health care costs imposed on everyone as a result of athletes’ use of neuro-doping. We conclude that none of these versions offer a convincing principled fairness-based objection to legalising neuro-doping. (shrink)

Several liberal philosophers and penal theorists have argued that the state has a reason to prohibit acts that harm individuals. But what is harm? According to one specification of harm, a person P is harmed by an act (or an event) a iff, as a result of a, P is made worse off in terms of well-being. One central question here involves the baseline against which we assess whether someone is ‘worse off’. In other words, when a person is harmed (...) he is worse off, certainly—but what is worse off a variation from? A central part of the paper critically discusses different answers to this question based on versions of what we can call: the temporal baseline, the baseline from mankind and the counterfactual baseline. Essentially, it will be argued that the counterfactual baseline leaves us with a better understanding of harming than the other baselines discussed. The final part of the paper will describe some of the implications of our investigation for the application and evaluation of the view that harm matters in the justification of which type of acts should be criminalized by the state. The overall conclusion of the paper is that adherents of a view like the harm principle face a dilemma. Either they can accept the counterfactual baseline but then, they can do without the harm principle. Or they can reject the counterfactual baseline—but then they will have to formulate an alternative baseline which, as will be shown in the paper, is no easy task. (shrink)

John McMillan's detailed ethical analysis concerning the use of surgical castration of sex offenders in the Czech Republic and Germany is mainly devoted to considerations of coercion.1 This is not surprising. When castration is offered as an option to offenders and, at the same time, constitutes the only means by which these offenders are likely to be released from prison, it is reasonable—and close to the heart of modern medical ethics—to consider whether the offer involves some kind of coercion. However, (...) despite McMillan's seemingly careful consideration of this question, it appears to us that the matter is more complicated than his approach to it suggests.The first thing that adds to the complexity of the discussion concerns the alternative for sex offenders who do not accept the offer of castration. As mentioned, it is likely that these offenders will be kept in prison. McMillan even underlines that they may be detained ‘indefinitely’. And the response report of the European Committee for the Prevention of Torture and Inhumane or Degrading Treatment or Punishment to the Czech Government also emphasises—as part of the Czech Criminal Code—the possibility of ‘security detention’ that will last for as long as required for ‘the protection of society’.2 Suppose, …. (shrink)

Little is known about the psychological processes that can explain how connectedness to nature evolves. From social psychology, we know that emotions play an essential role when connecting to others. In this article, we argue that social connectedness and connectedness to nature are underpinned by the same emotions. More specifically, we propose that social relational emotions are crucial to understanding the process, how humans connect to nature. Beside other emotions, kama muta (Sanskrit: being moved by love) might play a particular (...) crucial role when connecting to nature. Future research should address the consideration of social relational emotions in a range of areas when investigating the human-nature relationship. (shrink)

Thomas Berry presents his vision of cosmology and the relationships in creation. Responses from Donald Senior, Gregory Baum, Margaret Brennan, Stephen Dunn, James Farris, and Brian Swimme round out the insights and create magnetic reading.