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'.

The Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of (...) offences? The sixth volume in the series offers a philosophical investigation of the relationship between moral wrongdoing and criminalization. Considering the justification of punishment, the nature of harm, the importance of autonomy, inchoate wrongdoing, the role of consent, and the role of the state, the book provides an account of the nature of moral wrongdoing, the sources of wrongdoing, why wrongdoing is the central target of the criminal law, and the ways in which criminalization of non-wrongful conduct might be permissible. (shrink)

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.

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)

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)

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)

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 ...

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

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)

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)

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)

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.

_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)

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.

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)

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)

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)

This article attempts to re-establish the importance of Foucault's work for an understanding of the way in which modern law operates. This argument has two stages. Firstly, there is a critique of the interpretation of Foucault's work by legal and sociological thinkers. It is argued that by reading the term ‘juridical’ as synonymous with the term ‘law’ in Foucault, people miss the substance of Foucault's argument. The term juridical describes an arrangement and a representation of power rather than the law. (...) This is made clear through a critique of J. S. Mill's On Liberty which is shown to make a juridical distinction between power and a free space of action which is unsustainable. Secondly, Foucault's genealogy of power relations is recast from the perspective of a legal theoretician. Foucault's history of power relations is constructed from historical differences in the mode of operation of power and discourse. By analysing these differences and their relationship to the mode of operation of law, an account of the place of modern law in Foucault's genealogy is established. Modern law operates between Foucault's concepts of government and discipline. It provides a key way in which government decisions can adjust the relationships between disciplinary institutions. This introduces the idea that law begins to operate in the perspective of the complete lives of individuals rather than just to prevent certain actions. Law, then, operates in accordance with what Foucault calls ‘bio-power’. (shrink)

In Sparing Civilians, Seth Lazar claims that in war, with rare exceptions, killing noncombatants is worse than killing combatants. This paper raises some doubts about whether this is an important principle – at least, once we understand Lazar’s clarifications. It also suggests that however it is clarified, it seems false. And it suggests a related principle that more plausible. This related principle applies only to those with just aims, and it applies only to intentional killing rather than to all forms (...) of killing. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Christian Moral Life: Faithful Discipleship for a Global Society by Patricia Lamoureux, Paul J. WadellVictor Lee AustinThe Christian Moral Life: Faithful Discipleship for a Global Society Patricia Lamoureux and Paul J. Wadell Maryknoll, NY: Orbis Books, 2010. 306pp. $27.00In ten chapters, the authors provide what is in effect an introductory college textbook in Roman Catholic moral theology. They aim to ground their exposition in scripture and to (...) reach a broad audience by drawing on ecumenical and interfaith perspectives. Their organization is clear: they summarize each chapter in advance and then conclude it with a list of main points and questions for reflection. The index is extensive, the bibliography is large, and the table of contents is quite detailed. In short, the book aims to be accessible to undergraduates and helpful to more advanced students. (There is, unfortunately, no index of scriptural citations.) [End Page 201]The arc of their approach to moral theology is as follows. One should begin with discipleship and more specifically with its dynamic of call and response. Discipleship is a process in which one learns to see, particularly to see the reign of God. Sin and repentance are continually involved in discipleship. The development of the virtues is central because through them we learn to be good at being human. In the moral life, conscience is the central gift by which we learn to live by love in a Eucharistic life. Such life is informed by the resurrection as understood both “analogically and dialectically” (206), it is guided by the Spirit, and it is anchored in the shared resources and discernment of Christian community. Finally, the moral life is not private. Thus, the authors conclude with a chapter that draws out the implications for public discipleship.I venture three critiques that arise in part from my place as an Anglican moral theologian. The first deals with scripture. The authors are aware of the characteristic biases of preconciliar Roman Catholic moral theology. I am less certain that they are self-conscious of some of their own presuppositions. Commendably, they provide a verse of scripture at the head of each chapter, and they conceive of what they are doing as working from scripture throughout. Yet it is not clear to me that they present us with a moral theology that comes out of a prayerful wrestling with scripture. For example, their statement, “Jesus praises the [good] Samaritan” (46) is not strictly true. Rather, in telling that parable, Jesus holds back from stating a conclusion. Moreover, the authors are correct to say that parables are useful in transforming our vision. They make that point over eight pages (39–47), in which there are seventeen citations of secondary literature from six different authors. Yet, I would have preferred to see how the authors themselves digested, synthesized, and struggled with the parables, rather than simply discussing the conclusions of others.My second critique deals with conscience. When students start to think about how the moral life is grounded in scripture, they will at some point ask: What if my conscience tells me that something is right that scripture says is wrong (or vice versa)? This question, however, does not appear in this book. In their chapter on the centrality of conscience, it becomes clear that the authors see the primary challenge to the primacy of the conscience as coming from “church leaders.” This is, I think, a regrettable continuation of the tired struggle of Roman moral theologians with their church’s magisterium. At least to this outsider—who lives within an ecclesial context marked by extreme weakness of teaching—there seems to be a highly important and positive use of obedience, which is different from the “mystique of obedience” that these authors criticize (170–71). To be precise, “church leaders” can help us learn something about the relationship of conscience and scripture. This book does not show the place of obedience in the Christian moral life.My last point is a comment on textbooks. Although this book is quite long (I estimate it at 150,000 words), it has that textbook quality of passing lightly [End Page 202] from one thing to the next... (shrink)