Acts of violence and murder have historically proved difficult to accommodate in standard accounts of the formula of universal law (FUL) version of Kant’s Categorical Imperative (CI). In “Murder and Mayhem,” Barbara Herman offers a distinctive account of the status of these acts that is intended to be appropriately didactic in comparison to accounts like the practical contradiction model. I argue that while Herman’s account is a promising one, the distinction she makes between coercive and non-coercive violence and (...) her response to concerns with the classification of the latter as imperfect duties raise significant questions about the status of some duties. I suggest that we look, instead, to Kant’s treatment of suicide in The Metaphysics of Morals for an account of norms of non-violence and, in particular, to the connection between this duty and concerns with inner freedom and moral health. I argue that we can use this account to inform our general understanding of duties prohibiting killing and violence, and that the resulting account is a promising one. (shrink)

Murdering Animals confronts the speciesism underlying the disparate social censures of homicide and “theriocide”, and as such, is a plea to take animal rights seriously. Its substantive topics include the criminal prosecution and execution of justiciable animals in early modern Europe; images of hunters put on trial by their prey in the upside-down world of the Dutch Golden Age; the artist William Hogarth’s patriotic depictions of animals in 18th Century London; and the playwright J.M. Synge’s representation of parricide in fin (...) de siècle Ireland. Combining insights from intellectual history, the history of the fine and performing arts, and what is known about today’s invisibilised sites of animal killing, Murdering Animals inevitably asks: should theriocide be considered murder? With its strong multi- and interdisciplinary approach, this work of collaboration will appeal to scholars of social and species justice in animal studies, criminology, sociology and law. (shrink)

From the author of Wittgenstein's Poker and Would You Kill the Fat Man?, the story of an extraordinary group of philosophers during a dark chapter in Europe's history On June 22, 1936, the philosopher Moritz Schlick was on his way to deliver a lecture at the University of Vienna when Johann Nelböck, a deranged former student of Schlick's, shot him dead on the university steps. Some Austrian newspapers defended the madman, while Nelböck himself argued in court that his onetime teacher (...) had promoted a treacherous Jewish philosophy. David Edmonds traces the rise and fall of the Vienna Circle—an influential group of brilliant thinkers led by Schlick—and of a philosophical movement that sought to do away with metaphysics and pseudoscience in a city darkened by fascism, anti-Semitism, and unreason. The Vienna Circle's members included Otto Neurath, Rudolf Carnap, and the eccentric logician Kurt Gödel. On its fringes were two other philosophical titans of the twentieth century, Ludwig Wittgenstein and Karl Popper. The Circle championed the philosophy of logical empiricism, which held that only two types of propositions have cognitive meaning, those that can be verified through experience and those that are analytically true. For a time, it was the most fashionable movement in philosophy. Yet by the outbreak of World War II, Schlick's group had disbanded and almost all its members had fled. Edmonds reveals why the Austro-fascists and the Nazis saw their philosophy as such a threat. The Murder of Professor Schlick paints an unforgettable portrait of the Vienna Circle and its members while weaving an enthralling narrative set against the backdrop of economic catastrophe and rising extremism in Hitler's Europe. (shrink)

Many philosophers, psychologists, and medical practitioners believe that killing is no worse than letting die on the basis of James Rachels's Bare-Difference Argument. I show that his argument is unsound. In particular, a premise of the argument is that his examples are as similar as is consistent with one being a case of killing and the other being a case of letting die. However, the subject who lets die has both the ability to kill and the ability to let die (...) while the subject who kills lacks the ability to let die. Modifying the latter example so that the killer has both abilities yields a pair of cases with morally different acts. The hypothesis that killing is worse than letting die is the best explanation of this difference. (shrink)

Griffiths and Stotz’s Genetics and Philosophy: An Introduction offers a very good overview of scientific and philosophical issues raised by present-day genetics. Examining, in particular, the questions of how a “gene” should be defined and what a gene does from a causal point of view, the authors explore the different domains of the life sciences in which genetics has come to play a decisive role, from Mendelian genetics to molecular genetics, behavioural genetics, and evolution. In this review, I highlight what (...) I consider as the two main theses of the book, namely: genes are better conceived as tools; genes become causes only in a context. I situate these two theses in the wider perspective of developmental systems theory. This leads me to emphasize that Griffiths and Stotz reflect very well an on going process in genetics, which I call the “epigenetization” of genetics, i.e., the growing interest in the complex processes by which gene activation is regulated. I then make a factual objection, which is that Griffiths and Stotz have almost entirely neglected the perspective of ecological developmental biology, and more precisely recent work on developmental symbioses, and I suggest that this omission is unfortunate in so far as an examination of developmental symbioses would have considerably strengthened Griffiths and Stotz’s own conclusions. (shrink)

It is widely agreed that sentences containing a non-denoting description embedded in the scope of a propositional attitude verb have true de dicto interpretations, and Russell's (1905) analysis of definite descriptions is often praised for its simple analysis of such cases, cf. e.g. Neale (1990). However, several people, incl. Elbourne (2005, 2009), Heim (1991), and Kripke (2005), have contested this by arguing that Russell's analysis yields incorrect predictions in non-doxastic attitude contexts. Heim and Elbourne have subsequently argued that once certain (...) facts about presupposition projection are fully appreciated, the Frege/Strawson analysis of definite descriptions has an explanatory advantage. In this paper, I argue that both Russell's analysis and the Frege/Strawson analysis face a serious problem when it comes to the interaction of attitude verbs and definite descriptions. I argue that the problem observed by Elbourne, Heim, and Kripke is much more general than standardly assumed and that a solution requires a revision of the semantics of definite and indefinite descriptions. I outline the conditions that are required to solve the problem and present an analysis couched in dynamic semantics which can provide a solution. I conclude by discussing some further issues related to propositional attitude verbs that complicate a fully general solution to the problem. (shrink)

Griffiths and Stotz’s Genetics and Philosophy: An Introduction offers a very good overview of scientific and philosophical issues raised by present-day genetics. Examining, in particular, the questions of how a “gene” should be defined and what a gene does from a causal point of view, the authors explore the different domains of the life sciences in which genetics has come to play a decisive role, from Mendelian genetics to molecular genetics, behavioural genetics, and evolution. In this review, I highlight what (...) I consider as the two main theses of the book, namely: genes are better conceived as tools; genes become causes only in a context. I situate these two theses in the wider perspective of developmental systems theory. This leads me to emphasize that Griffiths and Stotz reflect very well an on going process in genetics, which I call the “epigenetization” of genetics, i.e., the growing interest in the complex processes by which gene activation is regulated. I then make a factual objection, which is that Griffiths and Stotz have almost entirely neglected the perspective of ecological developmental biology, and more precisely recent work on developmental symbioses, and I suggest that this omission is unfortunate in so far as an examination of developmental symbioses would have considerably strengthened Griffiths and Stotz’s own conclusions. (shrink)

Embarrassed by the apparent rigorism Kant expresses so bluntly in 'On a Supposed Right to Lie,' numerous contemporary Kantians have attempted to show that Kant's ethics can justify lying in specific circumstances, in particular, when lying to a murderer is necessary in order to prevent her from killing another innocent person. My aim is to improve upon these efforts and show that lying to prevent the death of another innocent person could be required in Kantian terms. I argue (1) that (...) our perfect Kantian duty of self-preservation can require our lying to save our own lives when threatened with unjust aggression, and (2) that Kant's understanding of moral duty was that duties are symmetrical , such that if one has a duty to perform a given action on one's own behalf or to protect one's own rational nature, then one also has a duty to perform similar acts on other's behalf or to protect their rational nature. Thus, that the individual protected against aggression by means of deception is not oneself should be of no consequence from a Kantian perspective. Lying to the murderer is thus an extension of the Kantian requirement of self-defense. (shrink)

Marquis’s account of the ethics of abortion is unsatisfactory but not as Christensen implies baseless. It requires to be amended rather than abandoned. It is true, as Marquis asserts that murder and abortion both might deprive people of something of value to them, in particular, the life of a sort that might have been to them worth living. However, it is mistaken to conclude, as Marquis does, that murder and abortion are thereby morally equivalent. Not all deprivation is (...) wrongful. Not all that is wrongful is wrongful because it deprives someone of something. Contrary to what Christensen asserts, and Marquis seems to accept, it is not solely those discernible people who currently exist who might be deprived by our current actions. It is not only towards and concerning such living discernible people that we can have moral duties. It is not only such living discernible people who can be the beneficiaries of our generosity. Hence, contraception and the emission of greenhouse gases are, like abortion, issues that raise significant moral questions; however, they might each be properly answered. Nonetheless, it does not follow that is morally equivalent to each other far less than they are all morally equivalent to murder. If and when they are morally wrong, they can be different wrongs. (shrink)

Winner, 2002 French Translation Prize for Nonfiction Murderous Consent details our implication in violence we do not directly inflict but in which we are structurally complicit: famines, civil wars, political repression in far-away places, and war, as it’s classically understood. Marc Crépon insists on a bond between ethics and politics and attributes violence to our treatment of the two as separate spheres. We repeatedly resist the call to responsibility, as expressed by the appeal—by peoples across the world—for the care and (...) attention that their vulnerability enjoins. But Crépon argues that this resistance is not ineluctable, and the book searches for ways that enable us to mitigate it, through rebellion, kindness, irony, critique, and shame. In the process, he engages with a range of writers, from Camus, Sartre, and Freud, to Stefan Zweig and Karl Kraus, to Kenzaburo Oe, Emmanuel Levinas and Judith Butler. The resulting exchange between philosophy and literature enables Crépon to delineate the contours of a possible/impossible ethicosmopolitics—an ethicosmopolitics to come. Pushing against the limits of liberal rationalism, Crépon calls for a more radical understanding of interpersonal responsibility. Not just a work of philosophy but an engagement with life as it’s lived, Murderous Consent works to redefine our global obligations, articulating anew what humanitarianism demands and what an ethically grounded political resistance might mean. (shrink)

_Murdered Father, Dead Father: Revisiting the Oedipus Complex_ examines the progressive construction of the notion of paternal function and its central relevance in psychoanalysis. The distinction between the _murdered father _and the _dead father_ is seen as providing a paradigm for the understanding of different types of psychopathologies, as well as works of literature, anthropology and historical events. New concepts are introduced, such as "_a father is being beaten_", and a distinction between the _descriptive après coup_ and the _dynamic après (...) coup_ that provides a model for a psychoanalytic understanding of temporality. The book includes a reflection on how the concepts of the _death instinct_ and the _negative_, in their connection with that which is at the limits of representability, are an aid to an understanding of Auschwitz, a moment of rupture in European culture that the author characterizes as " the murder of the dead father". Perelberg’s book is an important clinical and intellectual marker, and will be required reading for psychoanalysts, psychotherapists, anthropologists, and historians, as well as students in all these disciplines. (shrink)

Diverse lines of evidence point to a basic human aversion to physically harming others. First, we demonstrate that unwillingness to endorse harm in a moral dilemma is predicted by individual differences in aversive reactivity, as indexed by peripheral vasoconstriction. Next, we tested the specific factors that elicit the aversive response to harm. Participants performed actions such as discharging a fake gun into the face of the experimenter, fully informed that the actions were pretend and harmless. These simulated harmful actions increased (...) peripheral vasoconstriction significantly more than did witnessing pretend harmful actions or to performing metabolically-matched non-harmful actions. This suggests that the aversion to harmful actions extends beyond empathic concern for victim harm. Together, these studies demonstrate a link between the body and moral decision making processes. (shrink)

Embarrassed by the apparent rigorism Kant expresses so bluntly in ‘On a Supposed Right to Lie,’ numerous contemporary Kantians have attempted to show that Kant’s ethics can justify lying in specific circumstances, in particular, when lying to a murderer is necessary in order to prevent her from killing another innocent person. My aim is to improve upon these efforts and show that lying to prevent the death of another innocent person could be required in Kantian terms. I argue that our (...) perfect Kantian duty of self-preservation can require our lying to save our own lives when threatened with unjust aggression, and that Kant’s understanding of moral duty was that duties are symmetrical, such that if one has a duty to perform a given action on one’s own behalf or to protect one’s own rational nature, then one also has a duty to perform similar acts on other’s behalf or to protect their rational nature. Thus, that the individual protected against aggression by means of deception is not oneself should be of no consequence from a Kantian perspective. Lying to the murderer is thus an extension of the Kantian requirement of self-defense. (shrink)

Ali (Ethics and Information Technology 17:267–274, 2015) and McCormick (Ethics and Information Technology 3:277–287, 2001) claim that virtual murders are objectionable when they show inappropriate engagement with the game or bad sportsmanship. McCormick argues that such virtual murders cannot be wrong on Kantian grounds because virtual murders only violate indirect moral duties, and bad sportsmanship is shown across competitive sports in the same way. To condemn virtual murder on grounds of bad sportsmanship, we would need to also condemn other (...) competitive games. I argue, contra McCormick, that virtual murders performed within massively multiplayer online roleplaying games can be wrong on Kantian grounds when they are exploitative. Exploitation occurs when virtual murder treats the player controlling the victim in a way that they have no opportunity to consent to (i.e. as a mere means in Kantian terminology). I argue that some virtual murders involving inappropriate engagement (Ali, Ethics and Information Technology 17:267–274, 2015) and bad sportsmanship (McCormick, Ethics and Information Technology 3:277–287, 2001) are exploitative in this way and therefore also wrong on Kantian grounds. (shrink)

Originally titled “Is It Murder in Tennessee to Kill a Chimpanzee,” this article argues in some detail that typical legal definitions of “murder” as involving the intentional killing of “a reasonable being” would require classifying the intentional killing of chimpanzees as murder.

The paper focuses on violence, claiming that it is not action, but silence and inaction that become?murderous?, given that we are forced into a permanent and impossible process of choosing between responsibility for the other and the possibility of responding to a call for help. Still, this position is not final and the author offers certain alternative strategies, such as rebellion, goodness, critique and shame.

Using a U.S. and a Canadian example, in this article we argue that news reports of murder, especially of the heavily covered signal crimes that become part of community storytelling, often employ predetermined formulas that probe intrusively into the lives of those involved in the murder but ultimately come away with only cheaply sketched, stick-figure portraits. The thesis is that crime coverage that is formulaic tends to produce cynicism and a distance between the reader and those involved in (...) the crime. However, a deeper and more caring probe into the causes and consequences of crime could lead the community to wider conversations about responsibility, social justice, and reconciliation. What is required to expand the reporting of murder stories is more of the ethic of care that can serve to both deepen the public's understanding of the individual crime and widen the community's dialogue about its significance. (shrink)

This paper began in the startled realization that little if anything is said in Kant’s ethics about the more violent forms of immoral action. There are discussions of lying, deception, self-neglect, nonbeneficence—but apart from suicide, a great silence about the darker actions. At the least, this should be an occasion for curiosity. Although the degree of concern with acts of violence in contemporary ethics may be in its own way curious, it does not seem unreasonable to expect a moral theory (...) to provide an account of what is wrong with acts of violence. (shrink)

Reeently, a man in Germany was put on trial for killing and consuming another German man. Disgust at this incident was exacerbated when the accused explained that he had placed an advertisement on the internet for someone to be slaughtered and eaten-and that his ‘vietim’ had answered this advertisement. In this paper, I will argue that this disturbing ease should not be seen as morally problematic. I will defend this view by arguing that (1) the so-called ‘vietim’ of this cannibalization (...) is not in fact a victim of murder, and that (2) there is nothing wrong with cannibalism. (shrink)

Two attitudes are possible: one, that the world is an absolute jungle and that the exercise of coercive power by rulers is only a manifestation of this; and the other, that it is both necessary and right that there should be this exercise of power, that through it the world is much less of a jungle than it could possibly be without it, so that one should in principle be glad of the existence of such power, and only take exception (...) to its unjust exercise. (shrink)

'For if once a man indulges himself in murder, very soon he comes to think little of robbing; and from robbing he comes next to drinking and Sabbath-breaking, and from that to incivility and procrastination' Thomas De Quincey's three essays 'On Murder Considered as One of the Fine Arts' centre on the notorious career of the murderer John Williams, who in 1811 brutally killed seven people in London's East End. De Quincey's response to Williams's attacks turns morality on (...) its head, celebrating and coolly dissecting the art of murder and its perfections. Ranging from gruesomely vivid reportage and brilliantly funny satiric high jinks to penetrating literary and aesthetic criticism, the essays had a remarkable impact on crime, terror, and detective fiction, as well as on the rise of nineteenth-century decadence. The volume also contains De Quincey's best-known piece of literary criticism, 'On the Knocking at the Gate in Macbeth', and his finest tale of terror, 'The Avenger', a disturbing exploration of violence, vigilantism, and religious persecution. ABOUT THE SERIES: For over 100 years Oxford World's Classics has made available the widest range of literature from around the globe. Each affordable volume reflects Oxford's commitment to scholarship, providing the most accurate text plus a wealth of other valuable features, including expert introductions by leading authorities, helpful notes to clarify the text, up-to-date bibliographies for further study, and much more. (shrink)

Most people agree that murder is wrong. Yet, within computer games virtual murder scarcely raises an eyebrow. In one respect this is hardly surprising, as no one is actually murdered within a computer game. A virtual murder, some might argue, is no more unethical than taking a pawn in a game of chess. However, if no actual children are abused in acts of virtual paedophilia (life-like simulations of the actual practice), does that mean we should disregard these (...) acts with the same abandon we do virtual murder? In this paper I shall outline several arguments which attempt to permit virtual murder, whilst prohibiting virtual paedophilia. (shrink)

Keller explains the persistence of the nature/nurture debate by a chronic ambiguity in language derived from classical and behavioral genetics. She suggests that the more precise vocabulary of modern molecular genetics may be used to rephrase the underlying questions and hence provide a way out of this controversy. I show that her proposal fits into a long tradition in which other authors have wrestled with the same problem and come to similar conclusions. - Review of 'The mirage of a space (...) between nature and nurture' by Evelyn Fox Keller, Duke University Press, 2010, ISBN 9780822347316. (shrink)

He returns in this new volume with a focus on the "dangerous" murder cases from the forties and fifties, memorialised in intimate and telling photographs.

(2013). The Murderer's Salute: News Images of Breivik's Defiance After Killing 77 in Oslo. Journal of Mass Media Ethics: Vol. 28, No. 1, pp. 57-59. doi: 10.1080/08900523.2013.755077.

Reeently, a man in Germany was put on trial for killing and consuming another German man. Disgust at this incident was exacerbated when the accused explained that he had placed an advertisement on the internet for someone to be slaughtered and eaten-and that his ‘vietim’ had answered this advertisement. In this paper, I will argue that this disturbing ease should not be seen as morally problematic. I will defend this view by arguing that the so-called ‘vietim’ of this cannibalization is (...) not in fact a victim of murder, and that there is nothing wrong with cannibalism. (shrink)

It is possible to defend the death penalty for aggravated murder in more than one way, and not every defence is equally compelling. The paper takes up arguments put forward by two very distinguished advocates of the death penalty, Mill and Kant. After reviewing Mill's argument and some weaknesses in it, I shall sketch another line of reasoning that combines his conclusion with premisses to be found in Kant. The hybrid argument provides at least the basis for a sound (...) defence of execution for the most serious murders. (shrink)

Some people believe that God made it a condition for His forgiveness even of repentant sinners that Jesus died a sacrificial death at human hands. Often, in the New Testament, this doctrine of Objective Atonement seems to be implied, as when Jesus spoke of his blood as ‘shed for many for the remission of sins’ , or when St Paul said that ‘Christ died for our sins according to the scriptures’ . And for many centuries the doctrine was indeed accepted (...) by most if not all Christian theologians. It seems in fact to be an essential part of Christianity, which adherents of that religion cannot reject without undermining the authority both of their scriptures and of a very long tradition. It looks then as if objections to the doctrine are objections to the Christian scheme itself. Here is one of them. As the Gospels present it Jesus was murdered, by one or more of Pilate, the Sanhedrin and the Jewish mob. Given Objective Atonement, God ordained the sacrificial death of Jesus, and so, as it seems, this murder. Murder requires freedom on the killer's part. And many have doubted that an action can be both free and ordained by God. Leave that aside. A good God would in any case not make it a condition for our forgiveness that someone acquired the guilt of murder. (shrink)

This paper presents the results of the semiotic analysis in which the story of Krystian Bala, a Polish author who was convicted of murder, is studied in detail. The presented case study focuses on the interactions between real and fictional worlds, in particular, on the possibility of amalgamation of a real author’s and a fictional storyteller’s roles. Furthermore, the double-dimensional analysis of reality and fiction is complemented and broadened by an in-depth examination of how this story has inspired other (...) authors. By discussing real events and texts of culture based on them, this paper aims at presenting the process in which the writer who had turned to be the murderer became the protagonist of artistic creations of others, and, in consequence, a part of a broader socio-cultural phenomenon. (shrink)

In this Article I will challenge the tendency to discount the severity of domestic homicide, a phenomenon I call "the domestic discount." I will argue against automatic mitigation-the imputation of provocation or diminished capacity-simply or merely because the relationship" between victim and defendant is domestic or sexually intimate. I will argue that the traditional hot blood/cold blood dichotomy is an imperfect guide to the moral grading of homicide offenses. In particular, reliance on it has led to the under evaluation of (...) the seriousness of some domestic homicides. It is my contention, or hypothesis, that the conclusions I draw from the study of capital domestic cases can be generalized to the entire domain of domestic homicides: If homicide laws were purged of patriarchal values, the remaining principles that underlie our grading of homicide offenses would be consistent with the rejection of a domestic discount; the worst domestic murders like the worst predatory murders would rank among the most reprehensible crimes. (shrink)

The Russian conquest of Central Asia marked the beginning of record-keeping for Qazaq arbitrators and customary law. It remains obscure how bīs complied with the colonial regulations obliging them to record their court proceedings. I approach this issue first by questioning the utility of extra-judicial sources crafted in Russian at the instigation of colonial bureaucrats; hence, I argue that the comparison alone of ’ādat-related judicial records written in Turki with šarī’a court certificates allows situating the legal terminology applied by Qazaq (...) arbitrators within the discursive tradition of Islamic law. By way of illustrating my approach, I offer a close reading of a report of a murder case adjudicated according to Qazaq customary law in the vicinity of Khiva in 1895. My commentary on the summary of the trial sheds light on the interplay of customary and Islamic law in the region. In addition, it challenges earlier interpretations of the use of the exculpatory oath among the Qazaqs. (shrink)

In Loss of Control and Diminished Responsibility, Alan Reed and Michael Bohlander collect a wide range of essays on the eponymous partial defences to murder. These essays provide detailed analysis of recent English reforms in this area and place these reforms in comparative perspective. This review considers the contribution made by this book to the explanation and evaluation of partial defences. It concentrates in particular on the exculpatory force of loss of control; the distinctness of loss of control from (...) diminished responsibility; and the defences’ unique mitigatory effect. (shrink)

Research on perpetrators of genocidal processes and especially of the Holocaust is still puzzled by the fact that most of the atrocities and killings have been executed by ‘ordinary men’, i.e. by persons with a self-concept which would not have indicated that they could become killers. The guiding question of research on genocidal perpetrators is therefore how given moral inhibitions and moral values could have been overcome, or, to put it simply, how good people could have been turned into bad (...) ones. The following article proposes the opposite question: Is it possible that particular moral commitments and principles gave the perpetrators a sense of continuing moral integrity that enabled them to carry out the killings? This socio-psychological proposal is first elaborated theoretically and then illustrated with a case study on Franz Stangl, the commander of the extermination camp of Treblinka. (shrink)

There has been a shift in belief from God to nature. This shift is educational and based on theories and methodologies revealed by science that contradict the importance of and existence of a God. This shift has transformed society through education to a lack of ethic and moral terpitude.

The first robot homicide was committed in 1981, according to my files. I have a yellowed clipping dated 12/9/81 from the Philadelphia Inquirer--not the National Enquirer--with the headline: Robot killed repairman, Japan reports The story was an anti-climax: at the Kawasaki Heavy Industries plant in Akashi, a malfunctioning robotic arm pushed a repairman against a gearwheel-milling machine, crushing him to death. The repairman had failed to follow proper instructions for shutting down the arm before entering the workspace. Why, indeed, had (...) this industrial accident in Japan been reported in a Philadelphia newspaper? Every day somewhere in the world a human worker is killed by one machine or another. The difference, of course, was that in the public imagination at least, this was no ordinary machine; this was a robot, a machine that might have a mind, might have evil intentions, might be capable not just of homicide but of murder. (shrink)

In a rational system defences should interlock with the elements of the offence to ensure that conviction labels are differentiated according to the defendant’s degree of wrongdoing and culpability. The overall grading structure of criminal homicide, as represented in contemporary doctrine, goes some way to reflect this ethic. But the substance lacks precision and, in some key details, moral coherence. The recent Law Commission Consultation Paper, in a pragmatic and sensible attempt to rid the law and procedure of murder (...) of the malign influence of the mandatory sentence, has unnecessarily compromised such structural coherence as it currently enjoys and which could properly form a satisfactory basis for reform already precise and morally coherent. This is evident both in relation to the abandonment of the attack based template for the fault element in murder, and also in the unwillingness to view the partial defences as affecting the wrong in homicide as opposed to the grade. (shrink)

Kant’s example of lying to the murderer at the door has been a cherished source of scorn for thinkers with little sympathy for Kant’s philosophy and a source of deep puzzlement for those more favorably inclined. The problem is that Kant seems to say that it’s always wrong to lie – even if necessary to prevent a murderer from reaching his victim – and that if one does lie, one becomes partially responsible for the killing of the victim. If this (...) is correct, then Kant’s account seems not only to require us to respect the murderer more than the victim, but also that we somehow can become responsible for the consequences that ultimately result from someone else’s wrongdoing. After World War II our spontaneous negative reaction to this apparently absurd line of argument is brought out even more starkly by making the murderer at the door a Nazi officer looking for Jews hidden in people’s homes. This paper argues that Kant’s discussion of lying to the murderer at the door has been seriously misinterpreted. The suggested root of the problem is that the Doctrine of Right has been given insufficient attention in Kant interpretation. It is in this work we find many of the arguments needed to understand Kant’s analysis of lying to the murderer in “On a Supposed Right to Lie from Philanthropy”. When we interpret this essay in light of Kant’s discussion in the Doctrine of Right, we can make sense of why lying to the murderer isn’t to wrong the murderer, why we nevertheless become responsible for the consequences of the lie and why choosing to lie to do wrong ‘in the highest degree’. Finally, the Doctrine of Right account of rightful relations makes it possible for us to analyze the example when we make the murderer at the door a Nazi officer. (shrink)

In this article I criticize the recommendations of some prominent statisticians about how to estimate and compare probabilities of the repeated sudden infant death and repeated murder. The issue has drawn considerable public attention in connection with several recent court cases in the UK. I try to show that when the three components of the Bayesian inference are carefully analyzed in this context, the advice of the statisticians turns out to be problematic in each of the steps.