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We are living through an era of increased robotisation. Some authors have already begun to explore the impact of this robotisation on legal rules and practice. In doing so, many highlight potential liability gaps that might arise through robot misbehaviour. Although these gaps are interesting and socially significant, they do not exhaust the possible gaps that might be created by increased robotisation. In this article, I make the case for one of those alternative gaps: the retribution gap. This gap arises (...) |
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Humans have a strong sense of who should be punished, when, and how. Many features of these intuitions are consistent with a simple adaptive model: Punishment evolved as a mechanism to teach social partners how to behave in future interactions. Yet, it is clear that punishment as practiced in modern contexts transcends any biologically evolved mechanism; it also depends on cultural institutions including the criminal justice system and many smaller analogs in churches, corporations, clubs, classrooms, and so on. These institutions (...) |
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Ordinary people often make moral judgments that are consistent with philosophical principles and legal distinctions. For example, they judge killing as worse than letting die, and harm caused as a necessary means to a greater good as worse than harm caused as a side-effect (Cushman, Young, & Hauser, 2006). Are these patterns of judgment produced by mechanisms specific to the moral domain, or do they derive from other psychological domains? We show that the action/omission and means/side-effect distinctions affect nonmoral representations (...) |
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Individual differences in moral views are often explained as the downstream effect of ideological commitments, such as political orientation and religiosity. Recent studies in the U.S. suggest that moral views about recreational drug use are also influenced by attitudes toward sex and that this relationship cannot be explained by ideological commitments. In this study, we investigate student samples from Belgium, The Netherlands, and Japan. We find that, in all samples, sexual attitudes are strongly related to views about recreational drug use, (...) |
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Experimental philosophy has focused attention on the role that intuitive responses to philosophical cases play in philosophical argumentation. The method of appealing to such cases has been dubbed the “method of cases,” and, in recent work, Edouard Machery has both defended its prevalence and uniformity in philosophical practice, and criticized its epistemic value. In this paper, I argue that there is no single method of cases, but rather a set of methods of cases. To defend this claim, I distinguish and (...) |
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Many people believe that the research-based pharmaceutical industry has a ‘special’ moral obligation to provide lifesaving medications to the needy, either free-ofcharge or at a reduced rate relative to the cost of manufacture. In this essay, I argue that we can explain the ubiquitous notion of a special moral obligation as an expression of emotionally charged intuitions involving sacred or protected values and an aversive response to betrayal in an asymmetric trust relationship. I then review the most common arguments used (...) |
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Many people believe that the research-based pharmaceutical industry has a ‘special’ moral obligation to provide lifesaving medications to the needy, either free-of-charge or at a reduced rate relative to the cost of manufacture. In this essay, I argue that we can explain the ubiquitous notion of a special moral obligation as an expression of emotionally charged intuitions involving sacred or protected values and an aversive response to betrayal in an asymmetric trust relationship. I then review the most common arguments used (...) |
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I’ll raise a problem for Retributivism, the view that legal punishment is justified on the basis of desert. I’ll focus primarily on Mitchell Berman’s recent defense of the view. He gives one of the most sophisticated and careful statements of it. And his argument is representative, so the problem I’ll raise for it will apply to other versions of Retributivism. His insights about justification also help to make the problem particularly obvious. I’ll also show how the problem extends to non-retributive (...) |
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This paper contends that law is in essence an evolutionary phenomenon that can, and indeed should, be studied in the light of biological mechanisms. Law can be seen as an extended phenotype of underlying genes. In addition, legal systems can be seen as congruous to genetic mechanisms. Properties of genes have an impact on legal systems in a fractal-like manner. Hence, it is not surprising that notions of stability, replication, and reciprocity that are important in biological systems will also be (...) |
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