This chapter critically examines various proposals for liability of a person to defensive harm. Drawing on the idea that there is an important relationship between a person’s liability to be harmed and the enforceable duties that she incurs as a result of posing a threat to others, it demonstrates that no simple account of liability will be successful. As there are many considerations that bear on the duties that a person has, there are many considerations which bear on a person’s (...) liability to be harmed. This general claim is supported through a demonstration both that culpability without causation can ground liability, and that causal contribution without culpability can ground liability. (shrink)

This book offers a critical examination of those theories and advances a new argument for punishment's justification, calling it the 'duty view'.

This book provides a systematic, philosophically informed account of criminal responsibility. It begins by providing a general account of criminal responsibility based on the relationship between the action that the defendent has performed and their character. It then moves on to reconsider some of the central doctrines of criminal responsibility in the light of that account.

Two hundred and twenty-six state employees completed a structured questionnaire that investigated their ethical values and training needs. Top management were more likely to have attitudes against cronyism and giving advantage to others. Individuals higher in the organizational hierarchy, and female employees were more likely to believe that discriminatory practices were an ethical concern. In addition, employees with a larger number of clients outside of the organization were more supportive of the need to maintain strict confidentiality in business dealings. Employees'' (...) awareness and use of the organization''s code of conduct generally proved to be poor predictors of ethical values. Other analyses revealed that a variety of sociodemographic factors, job characteristics and ethical values predicted specific areas of training needs in ethics. (shrink)

In "De anima" 3.5, Aristotle argues for the existence of a second intellect, the so-called "Agent Intellect." The logical structure of his argument turns on a distinction between different types of soul, rather than different faculties within a given soul; and the attributes he assigns to the second species make it clear that his concern here -- as at the climax of his other great works, such as the "Metaphysics," the "Nicomachean" and the "Eudemian Ethics" -- is the difference between (...) the human and the divine. If this is right, we needn't go on a wild goose chase trying to invent a role for the so-called Agent Intellect to play. God moves our intellects as he moves the heavenly spheres, "as a beloved": he constitutes the complete actualization towards which all of our intellectual striving is directed. Aristotle regards such final causation as an efficient cause, but not in a way that would make it part of what we would call the causal processes or mechanisms of human psychology. But, he would insist, it is essential for appreciating who we are and what our place is in the world. (shrink)

From 1929 through 1944, Wittgenstein endeavors to clarify mathematical meaningfulness by showing how (algorithmically decidable) mathematical propositions, which lack contingent "sense," have mathematical sense in contrast to all infinitistic "mathematical" expressions. In the middle period (1929-34), Wittgenstein adopts strong formalism and argues that mathematical calculi are formal inventions in which meaningfulness and "truth" are entirely intrasystemic and epistemological affairs. In his later period (1937-44), Wittgenstein resolves the conflict between his intermediate strong formalism and his criticism of set theory by requiring (...) that a mathematical calculus (vs. a "sign-game") must have an extrasystemic, real world application, thereby returning to the weak formalism of the Tractatus. (shrink)

Central to Watts and Newson’s argument in their seminal paper ‘ Is there a duty to routinely reinterpret genomic variant classifications? ’ is that diagnostic laboratories are not morally obligated to actively reinterpret variants of uncertain significance (VUS) due to the superior outcomes offered by next-generation sequencing (NGS) compared with traditional methods.1 NGS technologies can identify, analyse and interpret millions of genetic variations at once. For example, ‘the use of conventional molecular assays in clinical contexts could require doing a lot (...) of assays for various mutations. Using these different assays, more tissue may be required. These targets can accurately be questioned using NGS technology in a single test.’2 If NGS-based genomic sequencing is reliable and its output outweighs the potential harm of uncertainties, then, it is plausible to say that those test providers cannot incur a moral duty to actively reinterpret VUS because there won’t be any need to do so.1 Despite its seeming reliability, diagnostic laboratories face enormous challenges in implementing NGS-based …. (shrink)

the three topics named in the title of this book: Christianity, antiquity, and Enlightenment, are not meant merely to describe the contents of the various chapters it contains. a narrative is implied in their selection and arrangement, and embedded ...

It seems uncontroversial that Dalton wrongly believed that atoms are indivisible. However, the correct analysis of Dalton’s belief and the way it relates to contemporary beliefs about atoms is, on closer inspection, far from straightforward. In this paper, I introduce four features that any candidate analysis is plausibly bound to respect. I argue that theories that individuate concepts at the level of understanding are doomed to fail in this endeavor. I formally sketch an alternative and suggest that cases such as (...) the one presented provide support for the claim that the genuine source for concept individuation is public sharable thought. (shrink)

Sometimes Strauss argues as if he thought it possible to understand man without raising questions about his relations to other things, and hence about his place in the whole. But when they are viewed in their broader context, such arguments are seen not to be his final word. Man's humanity cannot be understood in its own terms alone. The human soul differs from everything else in that it is "... open to the whole and therefore more akin to the whole (...) than anything else is." In ordinary usage, "whole" implies completeness and autonomy. But the openness of the soul--i.e., of a part--to the whole can only mean that the whole is open to itself. The whole is, then, not, in the ordinary sense of the term, whole. Nor is the soul which is "open" to it. Stripped of myths, "... the human soul is... more akin to the whole than anything else is" because neither of them is whole. The same conclusion follows when one tries to understand the definition of the philosopher as the man animated by quest for knowledge of the whole. Qua philosopher he knows neither that there is a whole, nor what it might be if there were one. To define the philosopher as the man who knows that he does not know only paraphrases the difficulty. It does not solve it. For "know" is here used equivocally. The same equivocation is at play in the comment "... one cannot know that one does not know without knowing what one does not know". Admittedly "knowledge of ignorance is not ignorance." The philosopher believes and perhaps divines more than he actually knows. All men do. The essential difference between the philosopher and other men may well consist in the fact that the philosopher distinguishes more conscientiously than do others between what he knows and what he believes, and that he strives more single-mindedly than do they to transform as large a share of his beliefs as possible into knowledge. He may conceivably at some point be said to have reached the stage where his aspirations have become reasoned expectations. But that is as far as he can possibly go as long as he remains a philosopher and has not become a wise man or a god. Until and unless the philosopher knows, in the strong sense of the term, he can no more decide whether his aspirations could be fulfilled than he can swim before getting wet. (shrink)

This paper analyses the structure of evolutionary theory as a quasi-Newtonian theory and the need to establish a Zero-Cause Law. Several authors have postulated that the special character of drift is because it is the default behaviour or Zero-Cause Law of evolutionary systems, where change and not stasis is the normal state of them. For these authors, drift would be a Zero-Cause Law, the default behaviour and therefore a constituent assumption impossible to change without changing the system. I defend that (...) drift's causal and explanatory power prevents it from being considered as a Zero-Cause Law. Instead, I propose that the default behaviour of evolutionary systems is what I call the Principle of Stasis, which posits that an evolutionary system where there is no selection, drift, mutation, migration, etc., and therefore no difference-maker, will not undergo any change (it will remain in stasis). (shrink)

This is a response to the four essays on Wrongs and Crimes.

What are the laws of physics? -- The stuff that kicks back -- Point-of-view invariance -- Gauging the laws of physics -- Forces and broken symmetries -- Playing dice -- After the bang -- Out of the void -- The comprehensible cosmos -- Models of reality.

On the face of it, On Tyranny is a straightforward commentary on Xenophon's dialogue Hiero or Tyrannicus. As such it is a very model of thoroughness and learning. It amply repays careful study, and it goes a long way toward explaining Strauss's influence in training a generation of scholars. The dialogue proper takes up just under 20 pages. Its analysis runs to 90-odd pages, followed by another 30 pages of tightly packed notes that are largely devoted to parallels between the (...) Hiero, Xenophon's teaching as a whole, and the teachings of Plato, of Aristotle and, to a lesser extent, of Cicero. What at first appears as an exercise in textual analysis soon reveals itself as a much broader undertaking: the delineation of the main features of classical political philosophy. Strauss does not mean to deny that differences in perspective, procedure, and even conclusions separate the major representatives of classical political philosophy. He does want to maintain, however, that their agreements are more fundamental than are their differences. But even this is incidental to his main purpose: to understand classical political philosophy for the guidance it might provide in understanding the great moral and political problems that confront us here and now. He conceives of these problems in large measure as the consequence of modern philosophy, of what he calls "the modern project." But modern philosophy cannot be understood on its own terms alone any more than it can be understood by directly confronting it with the phenomena. For it does not owe its most characteristic features to such a confrontation. It owes them, rather, to the fact that, from its very outset, it defined itself in explicit contrast to classical philosophy. Modern philosophy is essentially derivative. It presupposes the tradition it opposes. Classical philosophy, and in particular classical political philosophy, on the other hand "... belongs to the fertile moment when all political traditions were shaken, and there was not yet in existence a tradition of political philosophy." Hence "only in the light of the quarrel between the ancients and the moderns can modernity be understood. By rediscovering the urgency of this quarrel we return to the origins of modernity." It further follows from this line of reasoning that the quarrel must be re-kindled if we are once again to gain access to the phenomena themselves. To this end historical studies become necessary which do not presuppose that the whole issue has, for all intents and purposes, been settled in favor of the moderns. The most basic and most constant assumption of Strauss's historical studies is, therefore, the assumption that classical philosophy is truer than are any of the teachings that criticize or reject it. The passion and the inventiveness with which he defends this assumption sufficiently prove that he does not put it forward merely for reasons of method or of rhetoric. Yet it seems to fall short of being his settled belief. By stressing his agreements with the ancients and his disagreements with the moderns, by holding the moderns responsible for the great problems that face us while calling for a restoration of classical political philosophy, he fosters the impression that his own views coincide fully with those of classical political philosophy. But even if classical political philosophy spoke with a single clear voice, the fact remains that "no competent man of our age would regard as simply true the complete teaching of any thinker of the past." Presumably only someone who thinks himself competent would issue such a warning. (shrink)

According to a widespread, broadly Humean consensus, desires and other conative attitudes seem as such to be free from any normative constraints of rationality. However, rational subjects are also required to be attitude-coherent in ways that prima facie hold sway for desire. I here examine the plausibility of this idea by proposing several principles for coherent desire. These principles parallel principles for coherent belief and can be used to make a case for a kind of purely conative normativity. I consider (...) several objections to a principle for consistent desiring and reply to them. I conclude that, if attitude-coherence is a mark of rationality, the broadly Humean consensus must be rejected. (shrink)

Reverse analyses of three proofs of the Sylvester-Gallai theorem lead to three different and incompatible axiom systems. In particular, we show that proofs respecting the purity of the method, using only notions considered to be part of the statement of the theorem to be proved, are not always the simplest, as they may require axioms which proofs using extraneous predicates do not rely upon.

This paper elicits a twentieth‐century American story that is deeply rooted in the legacy of American philosophical pragmatism, its impact on a particular school, and its reconstruction of American theology. The paper focuses on three generations of American theologians, and it centers on how these theologians reconstruct theology in light of the science of their day and how they maintain a true plurality of insights about human life in the world. The pragmatic theologian regards the creative exchange between theology and (...) natural science as an opportunity for renewing our understanding of religious life and appreciating the various commitments of scientists and theologians as they meet at the juncture of human interests. The first voice is that of the early Chicago School of Theology represented by Shailer Mathews, Gerald Birney Smith, and George Burman Foster. The second voice is that of Henry Nelson Wieman, a second‐generation theologian at Chicago. The final theologian discussed is James M. Gustafson, former Professor of Theological Ethics at Chicago. (shrink)

My main aims in this paper are to further clarify and defend the Duty View of punishment, outlined in my book The Ends of Harm, by responding to some objections to it, and by exploring some variations on that view. I briefly lay out some steps in the justification of punishment that I defend more completely in Chapter 12 of The Ends of Harm. I offer some further support for these steps. They justify punishment of an offender for general deterrence (...) reasons if the beneficiary of general deterrence is the victim of the crime. They do so firstly on the basis that offenders incur compensatory duties to victims. I then show that duties incurred through serious wrongdoing are not limited to the duty to provide full compensation. Because offenders incur the relevant duties, and the duties are enforceable, harming them to protect their victims does not wrong them. I then consider whether an offender can be harmed in order to protect people other than the victims of her crime. In this section, I respond to an important challenge to the general idea that we can justify punishment on the basis of duties incurred as a result of wrongdoing, a challenge that I had met only in part in The Ends of Harm. It might be argued that the duties that we incur through serious wrongdoing are owed only to victims of crime. In punishing offenders, in contrast, we aim to protect people in a society more generally, and not just crime victims. A plausible theory of punishment must demonstrate that we are justified in pursuing this aim. Hence, it might be argued, the Duty View fails. I will respond by showing that the duties incurred through wrongdoing are not limited to duties owed to victims, and hence this challenge to the Duty View can be met. (shrink)

Gender discrimination continues to be a problem in organizations. It is therefore important that organizations use performance evaluation methods that ensure equal opportunities for men and women. This article reports the results of an experiment to investigate whether and, if so, how the gender of the rater and that of the ratee moderate the relationship between the level of subjectivity in performance appraisals and organizational attractiveness. Participants in the experiment were 313 undergraduate students. We predicted, and indeed established, that as (...) the probability increases that employee performance is evaluated by a female manager, women expect more positive outcomes of subjective, but not objective evaluation processes. Our data did not support our expectation that as the probability of being evaluated by a female manager increases, men expect less positive outcomes of subjective evaluation processes. The findings of this study contribute to our understanding of why women are over-represented in jobs with objective formula-based reward systems, such as piece-rate systems. They are also of interest to organizations that are looking for more ethical human resource management practices. (shrink)

_Para/Inquiry_ represents the next generation of postmodern studies. Focusing on cultural studies religion, and literature, Victor E. Taylor provides us with a fresh look at the history and main themes of postmodernism, both in style and content. Central to the book is the status of the sacred in postmodern times. Taylor explores the sacred images in art, culture and literature. We see that the concept of the sacred is uniquely singular and resistant to an easy assimilation into artistic, cultural (...) or narrative forms. Anyone wishing to gain a new and exciting understanding of postmodernism, will read this book with great pleasure. (shrink)