_Historical and contemporary philosophical writings on punishment._.

In his new book, The Grammar of Criminal Law: American, Comparative, and International, celebrated criminal law theorist George Fletcher excavates criminal law doctrine across a number of countries and cultures to reveal a small number of basic shared structures. Among these structures Fletcher argues that it is a criminal law justified by Kantian legal morality, in contrast to perfectionist or communitarian theories, that is legitimate. Thus, Fletcher proposes, along with legal positivists, that the validity of legal norms does not turn (...) on the moral claims that may underlie a perfectionist or virtue theory of law. Fletcher's claims about the shared structure of law do more than propose an analytical model of valid criminal law. Most importantly, Fletcher draws attention to the often under explored normative implications of proposed models of law in analytical jurisprudence. Virtue theories of law challenge Fletcher's view of legitimate criminal law by proposing a fundamentally different jurisprudential model of valid law. Rather than liberalism's commitment to preserving autonomy or the neutrality of the state as primary, virtue theories forward competing models of law grounded in preserving sound practical reason or the promotion of human flourishing. And while these models find a distinct and mediated role for morality to play in the determination of legitimate law, they ultimately deny Fletcher's claim that morality cannot be incorporated into law without being referenced by the law and that our political commitments must precede our moral commitments. This article places Fletcher's model of criminal law within the positivist jurisprudential landscape and connects that model of law to Kantian legal duties. The piece then explores the particular resources virtue theories of law forwarded by Lawrence Solum and Kyron Huigens have to address the role of political concerns within a virtue theory of law. It examines whether a sophisticated virtue theory finds a place for political concerns that are sufficient to defeat liberal philosophical critiques and undermine Fletcher's claims for criminal law. More importantly, rather than simply exploring the competing jurisprudential models, this article explores the important normative commitments that stem from competing jurisprudential models. Ultimately, the article concludes that understanding certain factors about the very nature of law generally and criminal law particularly leads one to affirm Fletcher's claims and limits the justification of law to our deontic duties. (shrink)

A fundamental tension exists between Rawls's ideal Kantian conception of justice as fairness (JAF), which requires respecting people as ends, and his realistic non-Kantian consequentialist conception of a supreme emergency in a just war. By justifying the targeting of objectively innocent noncombatants during a supreme emergency exception, Rawls allows for treating them as means only. Hence, his appeal to a supreme emergency is insufficient to avoid this tension. First, since for him JAF is ideal but also practical, one might argue (...) that his fictional people in the original position must reflect on the justification for using force on behalf of JAF. And second, since Rawls justifies targeting objectively innocent people during a supreme emergency exemption, he justifies what one might conceive of as emergency terrorism. Emergency terrorism, however, treats people as means only. Therefore, Rawls's Kantian conception of JAF is in tension with his consequentialist justification of a supreme emergency in a just war and hence with emergency terrorism. (shrink)

I examine how co-parents should handle differing commitments about how to raise their child. Via thought experiment and the examination of our practices and affective reactions, I argue for a thesis about the locus of parental authority: that parental authority is invested in full in each individual parent, meaning that that the command of one parent is sufficient to bind the child to act in obedience. If this full-authority thesis is true, then for co-parents to command different things would be (...) for them to contest one another’s authority. The only course that respects the authority of both parents is for co-parents to agree to command the same thing. Further, what is commanded must not result from a ‘capitulation’ by one co-parent, rather, it should result from a compromise. Parental authority involves a duty to deliberate about which commands it is best to give the child. If a command results from a capitulation, one parent will rightly think of themselves as not having fulfilled their parental duty. Parental compromises are not best understood as bargains or conflicts, but by the metaphor of gifts given by each parent out of respect for the other’s authority. (shrink)

In Legitimacy: The Right to Rule in a Wanton World, I offer both a conceptual analysis of legitimacy, the power-liability view, and a substantive moral theory, the free group agency view. Here, I defend my account against three challenges brought by Kjarsten Mikalsen. First, though I argue that conceptual analysis should not prematurely close open moral questions, it is not my view that conceptual analysis must have no substantive implications. Second, though I acknowledge that free group agency ordinarily supports a (...) moral duty to obey, it is a feature, not a bug, that my conceptual analysis is consistent with moral theories that disagree with my preferred moral theory. Third, I argue that Mikalsen’s proposed explanation of justified civil disobedience, which sees law in such cases as creating a moral claim-right that entails a merely presumptive duty, is less perspicuous than the explanation given by the power-liability view. Along the way, I emphasize that the distinction between felicitous moral power and justified causal power is as important as the distinction between moral liability and moral duty. (shrink)

This paper offers an original argument for a Humean thesis about promising that generalises to the domain of normative powers. The Humean ‘natural unintelligibility’ thesis – prominently endorsed by Rawls, Hart, and Anscombe, and roundly rejected or forgotten by contemporary writers (conventionalists and non – conventionalists alike) – holds that a rational, suitably informed agent cannot so much as make a promise (much less a morally-binding promise) without exploiting conventional norms that confer promissory significance on act types (e.g., signing on (...) the dotted line) that would not otherwise have such significance. The argument (like Hume’s) is action-theoretic in character; its central premise is the Contribution Condition on acting with an aim: roughly, that doing X in order to (bring about) Y requires that the agent believe that their having X-ed on the occasion might come to fully or partly account for Y’s coming to pass. The argument generalises to the broader domain of exercises of normative powers, i.e., to acts that modify normative properties by ‘fiat’ or ‘stipulation’. This stipulative act has been characterised in three different ways, each of which is given due consideration. Finally, two different ways of accommodating the ‘natural unintelligibility’ thesis are considered, as is the thesis’s normative significance. (shrink)

Argues that morals and politics require on a metaphysical backing and proposes a neoclassical metaphysics.

Philosophy strives to give us a firmer hold on our concepts. But what about their hold on us? Why place ourselves under the sway of a concept and grant it the authority to shape our thought and conduct? Another conceptualization would carry different implications. What makes one way of thinking better than another? This book develops a framework for concept appraisal. Its guiding idea is that to question the authority of concepts is to ask for reasons of a special kind: (...) reasons for concept use, which tell us which concepts to adopt, adhere to, or abandon, thereby shoring up—or undercutting—the reasons for action and belief that guide our deliberations. Traditionally, reasons for concept use have been sought either in timeless rational foundations or in concepts’ inherent virtues, such as precision and consistency. Against this, the book advances two main claims: that we find reasons for concept use in the conceptual needs we discover when we critically distance ourselves from a concept by viewing it from the autoethnographic stance; and that sometimes, concepts that conflict, or exhibit other vices such as vagueness or superficiality, are just what we need. By considering not what concepts are absolutely best, but what concepts we now need, we can reconcile ourselves to the contingency of our concepts, determine the proper place of efforts to tidy up thought, and adjudicate between competing conceptions of things,—even things as contested as liberty or free will. A needs-based approach separates helpful clarification from hobbling tidy-mindedness, and authoritative definition from conceptual gerrymandering. (shrink)

Pincione argues that procedural constitutional guarantees of market freedoms best protect individuals from domination. If he is right, Philip Pettit's claim that various forms of state interference with private markets are needed to forestall domination will prove to be unwarranted. Pincione further contends that market freedoms are best protected by procedural rules for political decision-making, as opposed to constitutional guarantees of private property and other substantive rules.Central to his position are claims that the dispersion of economic power precludes domination, and (...) that free entry into markets furthers such dispersion. As against the idea that the state is in a better position to disperse economic power, Pincione argues that the constitutional provisions needed to implement that idea are contestable, and to that extent require interpretive powers that themselves involve domination. Only a constitution that, as a side effect of its procedures for political decision making, generates full private property rights holds out hope of shielding citizens from domination. This is so, because a plurality of suppliers of goods and services is a structural feature of the free market, in a sense of “structural” that matters for measurements of domination based on fairly uncontroversial claims about persons and resources. (shrink)

It is a platitude that belief is subject to a standard of correctness: a belief is correct if and only if it is true. But not all standards of correctness are authoritative or binding. Some standards of correctness may be arbitrary, unjustified or outrightly wrong. Given this, one challenge to proponents of the truth norm of belief, is to answer what Korsgaard (1996) calls ‘the normative question’. Is the truth norm of belief authoritative or binding regarding what one ought to (...) or may believe? If so, what grounds its authority? The aim of this paper is to offer a novel answer to the grounding challenge on a reason-based normative framework. I develop and defend a practice-based account of the truth norm, according to which, the authority of the truth norm of belief is grounded in what I call the T-practice, a justified social practice that functions to facilitate knowledge production, maintenance, and social cooperation. (shrink)

The basis of property rights is a central problem in political philosophy. The core philosophical dispute concerns whether property rights are natural facts, independent of human conventions. In this article, we examine adult judgments on this issue. We find evidence that familiar property norms regarding external objects (e.g., fish and strawberries) are treated as conventional on standard measures of authority dependence and context relativism. Previous work on the moral/conventional distinction indicates that people treat property rights as moral rather than conventional (...) (e.g., Dahl & Waltzer, 2020; Nucci & Turiel, 1993; Tisak & Turiel, 1984). However, these studies explicitly assume that one person owns property that another steals. Study 1 explores judgments of authority dependence regarding ownership in cases that explicitly appeal to stealing and prior ownership as compared to cases that omit such explicit appeals. We find that participants tend to treat ownership as authority dependent when explicit appeals to stealing are absent, but not when the explicit appeals are present. Study 2 examines intuitions about authority dependence of ownership violations as compared to canonical conventional and harm-based moral violations. We find that ownership violations are treated as more authority dependent than harm-based moral violations. This all suggests that some central property norms are treated as conventional. However, we also find that the conventionality of property norms is restricted in several ways. In study 3, we find that people do not treat norms of self-ownership as conventional. Other people cannot take your hair or skin cells even if the teacher says it's okay. Study 4 uses a measure of context relativism to examine the conventionality of ownership norms, comparing different possible norms of ownership. We find that participants regard takings that are violations in their own culture as permissible in other cultures; however, only some foreign norms are deemed acceptable. In study 5 we find another limitation – participants think it's impermissible to take resources from someone based on a new property norm that is retrospectively imposed. Finally, in study 6 we explore whether some takings might be judged to be morally (non-conventionally) wrong as a function of scarcity. We find that when asked about another culture that allows taking, participants tend to say that taking a food item from the person who caught it is permissible when the food is plentiful, but not when the food is scarce. (shrink)

Just war theory − as advanced by Michael Walzer, among others − fails to take war seriously enough. This is because it proposes that we regulate war with systematic rules that are comparable to those of a game. Three types of claims are advanced. The first is phenomenological: that the theory's abstract nature interferes with our judgment of what is, and should be, going on. The second is meta-ethical: that the theory's rules are not, in fact, systematic after all, there (...) being inherent contradictions between them. And the third is practical: that by getting people to view war as like a game, the theory promotes its ‘aestheticization’ (play being a central mode of the aesthetic) such that those who fight are encouraged to act in dangerous ways. And war, it goes without saying, is already dangerous enough. (shrink)

This paper is about when associations, and in particular associations that are part of the state, should be treated as legal persons. I distinguish two forms of association – those that render coherent the agency of their members and those that are group agents – and argue that only the latter should be treated as persons. Following this, I discuss the conditions under which associations that are part of the state can legitimately be group agents.

In resultant moral luck, blame and punishment seem intuitively to depend on downstream effects of a person’s action that are beyond his or her control. Some skeptics argue that we should override our intuitions about moral luck and reform our practices. Other skeptics attempt to explain away apparent cases of moral luck as epistemic artifacts. I argue, to the contrary, that moral luck is real—that people are genuinely responsible for some things beyond their control. A partially consequentialist theory of responsibility (...) justifies moral luck. But this justification is no mere rationalization of the status quo. Recent experimental and evolutionary work on punishment and learning suggests that the very same reasons that justify moral luck have also shaped the evolution of our luck-sensitive moral practices. (shrink)

Dateline NBC’s “To Catch a Predator”(2006-08) involved NBC staff working with police and a watchdog group called “Perverted Justice” to televise “special intensity” arrests of men who were lured into meeting adult decoys posing as young children, presumably for a sexual encounter. As reality television, “To Catch a Predator” facilitates public shaming of those caught in front of the cameras, which distinguishes it from fictional representations. In one case, a Texas District Attorney, Louis Conradt, shot himself on film, unable to (...) bear the public humiliation of cameras airing his arrest. The show engenders conflicting responses: Did the show fulfill a public service by informing the public about real dangers and deterring potential predators, or was it an insensitive effort to garner ratings by taking advantage of human weaknesses? Is the sort of public shaming it imposes an appropriate form of punishment given the legitimate purposes of punishment? Did the show portray justice, or did it entrap victims? How did NBC’s working relationship with local police bear on the answer to that question? This paper addresses these questions and develops three objections to the show: that NBC in effect metes out unjust punishment; that it invades privacy; and that it entraps. (shrink)

Este artículo está escrito para una colección de ensayos introductorios sobre filosofía de las ciencias cognitivas. Es una revisión (selectiva) de la literatura sobre la psicología del juicio moral.

In proxy assertion an individual or group asserts something through a spokesperson. The chapter explains proxy assertion as resting on the assignment of a status role to a person (that of spokesperson) whose utterances acts in virtue of that role have the status function of signaling that the principal is committed in a way analogous to an individual asserting that in his own voice. The chapter briefly explains how status functions and status roles are grounded and then treats, in turn, (...) the case of a spokesperson for an individual and a group and the differences in the significance of what the spokesperson does in each case. Finally, it reviews complications introduced by spokesperson autonomy, where the spokesperson is given leave to represent her principal’s views or positions in her own words and to respond to questions on his behalf. (shrink)

Whether collective agency is a coherent concept depends on the theory of agency that we choose to adopt. We argue that the enactive theory of agency developed by Barandiaran, Di Paolo and Rohde (2009) provides a principled way of grounding agency in biological organisms. However the importance of biological embodiment for the enactive approach might lead one to be skeptical as to whether artificial systems or collectives of individuals could instantiate genuine agency. To explore this issue we contrast the concept (...) of collective agency with multi-agent systems and multi-system agents, and argue that genuinely collective agents instantiate agency at both the collective level and at the level of the component parts. Developing the enactive model, we propose understanding agency – both at the level of the individual and of the collective – as spectra that are constituted by dimensions that vary across time. Finally, we consider whether collectives that are not merely metaphorically ‘agents’ but rather are genuinely agentive also instantiate subjectivity at the collective level. We propose that investigations using the perceptual crossing paradigm suggest that a shared lived perspective can indeed emerge but this should not be conflated with a collective first-person perspective, for which material integration in a living body may be required. (shrink)

Constructivist approaches in epistemology and ethics offer a promising account of normativity. But constructivism faces a powerful Schmagency Objection, raised by David Enoch. While Enoch’s objection has been widely discussed in the context of practical norms, no one has yet explored how the Schmagency Objection might undermine epistemic constructivism. In this paper, I rectify that gap. First, I develop the objection against a prominent form of epistemic constructivism, Belief Constitutivism. Belief Constitutivism is susceptible to a Schmagency Objection, I argue, because (...) it locates the source of normativity in the belief rather than the agent. In the final section, I propose a version of epistemic constructivism that locates epistemic normativity as constitutive of agency. I argue that this version has the resources to respond to the Schmagency Objection. (shrink)

In this paper I argue that, although Kant argues that morality is independent of God (and hence, agrees with the Euthyphro), and rejects Divine Command Theory (or Theological Voluntarism), he believes that all moral duties are also the commands of God, who is a moral being, and who is morally required to punish those who transgress the moral law: "God’s justice is the precise allocation of punishments and rewards in accordance with men’s good or bad behavior." However, since we lack (...) a strict proof of God's existence, we can still fulfill our duties from the motive of duty. if we did know that God exists, then this would undermine our pure moral motivation to do our duty, since we would have an even stronger interest in pleasing God through our good conduct. The effect of undermining our pure moral motivation would be to make us less eligible for divine reward, since God rewards us for doing our duty from the motive of duty. (shrink)

Genres inform our appreciative practices. What it takes for a work to be a good work of comedy is different than what it takes for a work to be a good work of horror, and a failure to recognize this will lead to a failure to appreciate comedies or works of horror particularly well. Likewise, it is not uncommon to hear people say that a film or novel is a good work, but not a good work of x (where x (...) is the genre of that work). A work can be good all things considered, but genre membership provides us with an additional set of evaluative criteria over and above those of the medium, which colors how we interpret and appreciate the work. Given this importance, it is not surprising that philosophers of art have been interested in providing an account of what, exactly, a genre is. Despite this interest, there is not widespread agreement about what it takes for something to be a genre, nor what kinds of considerations are relevant in determining whether a work is a member of that genre. Beyond this, we might also want to know to what degree we ought to consider genre in evaluating a work of art and why it should matter at all. Here, I explore the variety of recent theories that philosophers have taken up on the topic of genre and why we should ultimately think of genres as artistic practices rather than the alternatives. (shrink)

In this study two strands of inferentialism are brought together: the philosophical doctrine of Brandom, according to which meanings are generally inferential roles, and the logical doctrine prioritizing proof-theory over model theory and approaching meaning in logical, especially proof-theoretical terms.

Open access-introduction into moral philosophy in German language that contains chapters on the concept of morality, on the development and the main positions of normative ethics, on meta-ethics, and on the various fields of applied ethics. One of its distinctive features is that it explicitly reflects on the role of morality and ethics in modern society and that it analyses the import of alternative conceptual and normative positions for determining this role. The book can be freely downloaded from the publisher's (...) website via the URL below. (shrink)

What is the source of logical and mathematical truth? This book revitalizes conventionalism as an answer to this question. Conventionalism takes logical and mathematical truth to have their source in linguistic conventions. This was an extremely popular view in the early 20th century, but it was never worked out in detail and is now almost universally rejected in mainstream philosophical circles. Shadows of Syntax is the first book-length treatment and defense of a combined conventionalist theory of logic and mathematics. It (...) argues that our conventions, in the form of syntactic rules of language use, are perfectly suited to explain the truth, necessity, and a priority of logical and mathematical claims, as well as our logical and mathematical knowledge. (shrink)

Para quienes tengan interés en la filosofía moral y política contemporánea la obra de John Rawls es sin discusión una parada necesaria. De hecho, la tesis de Robert Nozick según la cual resulta imposible hacer filosofía moral y política sin considerar el marco ofrecido por Rawls, aunque parezca extrema, resulta bastante acertada. En gran medida el impacto de la obra de Rawls radica en su interés por ofrecer una teoría sustantiva de la justicia, teoría que hundiendo sus raíces en la (...) tradición de la filosofía sea capaz de orientarnos al momento de abordar las discusiones contemporáneas sobre justicia social. -/- En los trabajos que componen este libro el lector podrá encontrar una discusión actualizada sobre aquellos elementos que definen la base moral y política que Rawls presentó como fundamento de su teoría de la justicia. Al mismo tiempo, estos ensayos intentan construir un puente entre la justicia como equidad y otras tradiciones de la filosofía moral y política contemporánea. Para lograr este último fin, varios de los trabajos que aquí se presentan consideran las ideas de reconocimiento y autorrespeto como claves de interpretación de la obra de Rawls. (shrink)

What is the connection between moral rights and the good? While familiar normative theories give justificatory precedence to one notion over the other, this paper explores a neglected alternative: when properly specified, the notion of moral rights and of the good conceptually depend on each other.1.

What is the relationship between human rights and the rights of states? Roughly, while cosmopolitans insist that international morality must regard as basic the interests of individuals, statists maintain that the state is of fundamental moral significance. This article defends a relational version of statism. Human rights are ultimately grounded in a relational norm of reciprocal independence and set limits to the exercise of public authority, but, contra the cosmopolitan, the state is of fundamental moral significance. A relational account promises (...) to justify a limited conception of state sovereignty while avoiding the familiar cosmopolitan criticisms of statist accounts. (shrink)

InUtilitarianism, Mill defers to Alexander Bain's expertise on the subject of moral judgment to answer common criticisms of the creed. First, we do not blame people or label them immoral when they are less than ideal. Judgments of immorality are commonly reserved for substandard behavior, not suboptimal comportment. Second, we do not commonly insist on full neutrality in benevolence. Indeed, some philosophers argue that we are obliged to exhibit partiality, insofar as it is demanded by our roles as friends, parents, (...) or children. My primary aim in this essay is to explicate Bain's theory of moral judgment and explain how Mill used Bain's psychological doctrines to inform his development of an indirect utilitarian moral philosophy, immune to the criticisms described above. (shrink)

Many philosophers and legal theorists worry about punishing the socially disadvantaged as severely as their advantaged counterparts. One philosophically popular explanation of this concern is couched in terms of moral standing: seriously unjust states are said to lack standing to condemn disadvantaged offenders. If this is the case, institutional condemnation of disadvantaged offenders (especially via hard treatment) will often be unjust. I describe two problems with canonical versions of this view. First, its proponents groundlessly claim that disadvantaged offenders may be (...) punished as severely as advantaged ones, even though such punishment is unjust in light of the state’s loss of standing. Second, and more importantly, moral standing arguments prohibit states from blaming advantaged as well as disadvantaged offenders. This unwelcome outcome suggests that standing approaches incorrectly analyze the source of moral misgivings about punishing the disadvantaged. I conclude that those who share such concerns should put standing accounts aside. (shrink)

Many philosophers and legal theorists worry about punishing the socially disadvantaged as severely as their advantaged counterparts. One philosophically popular explanation of this concern is couched in terms of moral standing: seriously unjust states are said to lack standing to condemn disadvantaged offenders. If this is the case, institutional condemnation of disadvantaged offenders (especially via hard treatment) will often be unjust. I describe two problems with canonical versions of this view. First, its proponents groundlessly claim that disadvantaged offenders may be (...) punished as severely as advantaged ones, even though such punishment is unjust in light of the state’s loss of standing. Second, and more importantly, moral standing arguments prohibit states from blaming advantaged as well as disadvantaged offenders. This unwelcome outcome suggests that standing approaches incorrectly analyze the source of moral misgivings about punishing the disadvantaged. I conclude that those who share such concerns should put standing accounts aside. (shrink)

Is Hobbes a normative egoist? That is: does Hobbes think that an agent’s normative reasons are all grounded in her own good? A once-dominant tradition of Hobbes scholarship answers ‘yes’. In an important recent work, however, S.A. Lloyd has argued that the answer to the question is ‘no’, and built an alternative non-egoistic interpretation of Hobbes that stresses reciprocity and mutual justifiability. My aim in this paper is to articulate and defend an original ‘middle way’ interpretation of Hobbes which steers (...) a course between an excessively egoistic and what we might call an excessively ‘moralistic’ interpretation. According to the interpretation I defend, our obligations have their source in self-interest in the sense that they are all self-assumed results of covenants, our reasons for making which are solely self-interested. But the obligations that result from such covenants can sometimes require us to act against our self-interest. (shrink)

Punishment involves deliberating harming individuals. How, then, if at all, is it to be justified? This, the first of three papers on the philosophy of punishment (see also 'Punishment: Nonconsequentialism' and 'Punishment: The Future'), examines attempts to justify the practice or institution according to its consequences. One claim is that punishment reduces crime, and hence the resulting harms. Another is that punishment functions to rehabilitate offenders. A third claim is that punishment (or some forms of punishment) can serve to make (...) restitution to victims, and a fourth is that it can strengthen social values. The paper examines these claims, and finally considers pluralist theories which combine retributive and harm-reductive or utilitarian considerations. (Retributive theories are examined in their own right in 'Punishment: Nonconsequentialism'.). (shrink)

The aim of this article is to argue for a conception of critical social science based on the model of constitutive rules. The author argues that this model is pragmatically superior to those models that employ notions like "illusion" and " ideology," as it does not demand a specification of the "real (but hidden) interests" of social actors. Key Words: constitutive rules • critical theory • ideology • recommendations • social facts.

What is group well-being? There is, as of yet, shockingly little philosophical literature explicitly aiming to answer this question. This essay sketches some of the logical space of possible answers, and nudges us to seriously consider certain overlooked options. There are several importantly different ways the well-being of a collective or a group could be related to the well-being of the individuals who constitute it: 1) eliminativism, 2) functionalism, 3) partialism, or 4) the independent view. If the relation between individual (...) and collective well-being is either functional or partial, then we face a further question: What is the direction of constitutive dependence? Does the well-being of a group depend upon the well-being of the well-being of the individuals who compose it, or does the well-being of an individual depend upon the well-being of the groups to which they belong? Or both? These questions raise some puzzles that I begin to resolve. I conclude that there might be a wide variety of ways the well-being of a collective obtains, only some of which are related to the well-being of the individuals who are its members. In the end, I hope to vindicate the thought that an injury to one is an injury to all. (shrink)

Recent empirical work suggests that emotions are responsible for anti-consequentialist intuitions. For instance, anger places value on actions of revenge and retribution, value not derived from the consequences of these actions. As a result, it contributes to the development of retributive intuitions. I argue that if anger evolved to produce these retributive intuitions because of their biological consequences, then these intuitions are not a good indicator that punishment has value apart from its consequences. This severs the evidential connection between retributive (...) intuitions and the retributive value of punishment. This argument may generalize to other deontological intuitions and theories. (shrink)

We shall argue that there is adequate moral justification for capital punishment with linkage, that is, with linkage to keeping non-murderers from dying. We present the argument with two aims in mind. The first is to question the conventional wisdom, seldom challenged even by proponents of capital punishment, that being an abolitionist is closely connected to having a civilized respect for human life. This conventional wisdom, we hope to show, is somewhat off the mark. To this end we exhibit structural (...) similarities between so-called lifeboat dilemmas and the public's relationship to a murderer. In a lifeboat dilemma one must choose between saving this life or that, since the lifeboat will not hold both persons. Now if this life were an innocent's and that one a murderer's, a choice to save the latter would not be met with accusations of callousness towards human life. We hope to project everyone's intuitions about this case onto the more baffling case of a society's relationship to the murderers and dying innocents in its midst. (shrink)

Harold Garfinkel wrote a series of highly detailed and lengthy 'memos' during his time (1951-53) at Princeton, where remarkable developments in information theory were taking place. These very substantial manuscripts have been edited by Anne Warfield Rawls in Toward a Sociological Theory of Information (Garfinkel 2008). This paper explores some of the implications of these memos, which we suggest are still relevant for the study of 'information' and information theory. Definitional privilege of 'information' as a technical term has been arrogated (...) by information science, which thereby excludes the interactional occasions of use of 'information'. The authors examine some 'professional' and 'laic' determinations of 'information'. Looking at in situ uses of 'information' shows how dealing with 'information' is characterized by ad hoc practices, such as specifications, 'authorization' and 'particularization' procedures. The authors report on a series of workplace studies in academic libraries, looking at how librarians account for 'information' through practices of classification. Classifying 'information' is a member's local accomplishment, and explicating practices of classifying 'information' undermines the formal-analytic project of the 'Philosophy of Information,' as formulated, for instance, by Luciano Floridi. Implications of Garfinkel's work must remain beyond the purview of information science if it is to maintain its status as the recognized field dealing with 'information'. However, such omission risks 'losing the phenomenon' of 'information': to adapt an argument from Dorothy Smith (Catalyst, 8, pp 39—54, 1974), it trades upon decontextualized uses and recontextualizes 'information' for the practical purposes of formal analysis. (shrink)

While jurisprudence in the United States has been cast in the general mode of the English common law, modifications over time have produced enough significant variations that American law has a distinctive quality. To illustrate: The exclusionary rule in criminal cases prohibiting the use of evidence (even from reliable witnesses) acquired through illegal search, is not followed in Britain—or, for that matter, in Canada, Germany, and Israel. The punitive-damage concept (PD) in tort law is also a jurisprudential novelty. Punitive damages (...) are imposed in addition to compensatory awards given to tort victims to warn manufacturers and sellers to be careful in their safety and marketing practices. PDs are society's warning signals: Seller beware! Because they are one of society's ways to protect itself, PDs have recently been considered as fines which, to prevent excesses, should be under the rubric of the Eighth Amendment.This essay introduces new elements into the discussion on torts by hypothesizing (1) PDs are fines which belong to the public purse; (2) that expenditures from the public purse should be given to local organizations (like orphanages and inner-city hospitals) which provide vital services for those unable to pay; and (3) that the victim (or the victim's survivor) has a right to designate what local organizations should benefit from his or her punitive-damage awards.The hypotheses require reexamination of the concepts of citizenship, community, and work, respectively.Tort law is an integral part of the American law of injuries, a body of judicial doctrine and legislation and a set of legal arrangements that also include compensation systems and safety legislation. It would have been unthinkable as recently as twenty-five years ago that the tort system would become a source of bitter contention. Today, however, it generates sharp rhetoric and dramatic proposals for change to address its contested problems, as well as strong views in favor of continuing the system essentially intact so as not to disturb its contended benefits. (shrink)

While jurisprudence in the United States has been cast in the general mode of the English common law, modifications over time have produced enough significant variations that American law has a distinctive quality. To illustrate: The exclusionary rule in criminal cases prohibiting the use of evidence (even from reliable witnesses) acquired through illegal search, is not followed in Britain—or, for that matter, in Canada, Germany, and Israel. The punitive-damage concept (PD) in tort law is also a jurisprudential novelty. Punitive damages (...) are imposed in addition to compensatory awards given to tort victims to warn manufacturers and sellers to be careful in their safety and marketing practices. PDs are society's warning signals: Seller beware! Because they are one of society's ways to protect itself, PDs have recently been considered as fines which, to prevent excesses, should be under the rubric of the Eighth Amendment.This essay introduces new elements into the discussion on torts by hypothesizing (1) PDs are fines which belong to the public purse; (2) that expenditures from the public purse should be given to local organizations (like orphanages and inner-city hospitals) which provide vital services for those unable to pay; and (3) that the victim (or the victim's survivor) has a right to designate what local organizations should benefit from his or her punitive-damage awards.The hypotheses require reexamination of the concepts of citizenship, community, and work, respectively.Tort law is an integral part of the American law of injuries, a body of judicial doctrine and legislation and a set of legal arrangements that also include compensation systems and safety legislation. It would have been unthinkable as recently as twenty-five years ago that the tort system would become a source of bitter contention. Today, however, it generates sharp rhetoric and dramatic proposals for change to address its contested problems, as well as strong views in favor of continuing the system essentially intact so as not to disturb its contended benefits. (shrink)

Prospective developments in computer and nanotechnology suggest that there is some possibility—perhaps as early as this century—that we will have the technological means to attempt to duplicate people. For example, it has been speculated that the psychology of individuals might be emulated on a computer platform to create a personality duplicate—an “upload.” Physical duplicates might be created by advanced nanobots tasked with creating molecule-for-molecule copies of individuals. Such possibilities are discussed in the philosophical literature as (putative) cases of “fission”: one (...) person “splitting” into two. Many philosophers, perhaps most, reject the idea of fission, appealing to some form of a “no-branching” condition to rule out such possibilities. I argue, to the contrary, that there are good moral reasons to think that any account of personal identity that does not permit fission is deeply problematic, especially in connection with theorizing about criminal punishment. I discuss and reject David Lewis’ famous account of personal identity that invokes “multiple occupancy” to allow for branching. In contrast, I offer an account of personal identity that permits branching using the type/token distinction to help with such puzzling cases. (shrink)

A familiar move that philosophers of sport make in the debate on the doping-issue is to reject from the start the argument that doping comes down to cheating. The claim that doping is cheating is often rebutted with the argument that doping is only cheating when one accepts that the use of doping is unjustified in itself. In this paper I want to argue that putting aside the cheating-argument in this way comes, first, too easy, because essential complexities of what (...) cheating is, are neglected. And, second, it comes too soon, because spelling the cheating argument out throws new light on the debate about matters of justifying the rules and criteria concerning doping. I will confine myself in this paper to the claim that it is in any case the institutional authorities that professional athletes cheat on. The relations with other parties that apparently can be claimed to be cheated upon also, such as other athletes in competition, are left out. The argument from cheating takes its starting point from a principle of fidelity, taken from Scanlon. By this principle the morally acceptable conduct of those taking part in a practice is grounded in the way reciprocal expectations are raised between parties to the practice. I apply this principle to the relation between athletes and institutional authorities in sport practices. This argument can take the cheating argument to a new level of seriousness, especially in the sense that the arguments treated here support a plea for democratization of the procedures and a larger role of the sportsmen and sportswomen themselves, or so I will defend. (shrink)