The punishment of criminals is a topic of long-standing philosophical interest since the ancient Greeks. This interest has focused on several considerations, including the justification of punishment, who should be permitted to punish, and how we might best set punishments for crimes. This entry focuses on the most important contributions in this field. The focus will be on specific theoretical approaches to punishment including both traditional theories of punishment (retributivism, deterrence, rehabilitation) and more contemporary alternatives (expressivism, restorative justice, hybrid theories, (...) unified theories) with an additional section on capital punishment, perhaps the particular form of punishment that has received the most sustained philosophical attention. These theories of punishment address two important questions: first, who should be permitted to punish and, secondly, who should be permitted to be punished. These questions then concern the justification of punishment and its distribution. While the majority today often identifies their theories as retributivist, there is a great diversity of theories defended. This entry will highlight the leading work for each view. (shrink)

Tyler Burge presents an original study of the most primitive ways in which individuals represent the physical world. By reflecting on the science of perception and related psychological and biological sciences, he gives an account of constitutive conditions for perceiving the physical world, and thus aims to locate origins of representational mind.

Alfredo Traps in Durrenmatt’s tale discovers that he has brought off, all by himself, a murder involving considerable ingenuity. The mock prosecutor in the tale demands the death penalty “as reward for a crime that merits admiration, astonishment, and respect.” Traps is deeply moved; indeed, he is exhilarated, and the whole of his life becomes more heroic, and, ironically, more precious. His defense attorney proceeds to argue that Traps was not only innocent but incapable of guilt, “a victim of the (...) age.” This defense Traps disavows with indignation and anger. He makes claim to the murder as his and demands the prescribed punishment—death. (shrink)

The paper develops a conception of epistemic warrant as applied to perceptual belief, called "entitlement", that does not require the warranted individual to be capable of understanding the warrant. The conception is situated within an account of animal perception and unsophisticated perceptual belief. It characterizes entitlement as fulfillment of an epistemic norm that is apriori associated with a certain representational function that can be known apriori to be a function of perception. The paper connects anti-individualism, a thesis about the nature (...) of mental states, and perceptual entitlement. It presents an argument that explains the objectivity and validity of perceptual entitlement partly in terms of the nature of perceptual states–hence the nature of perceptual beliefs, which are constitutively associated with perceptual states. The paper discusses ways that an individual can be entitled to perceptual belief through its connection to perception, and ways that entitlement to perceptual belief can be undermined. (shrink)

A central preoccupation of philosophy in the twentieth century was to determine constitutive conditions under which accurate (objective) empirical representation of the macrophysical environment is possible. A view that dominated attitudes on this project maintained that an individual cannot empirically represent a physical subject matter as having specific physical characteristics unless the individual can represent some constitutive conditions under which such representation is possible. The version of this view that dominated the century's second half maintained that objective empirical representation of (...) the physical environment requires the individual to be able to supplement this representation with representation of general constitutive features of objectivity. This essay criticizes instances of this version in P. F. Strawson and Quine. It maintains that all versions of the position postulate conditions on objective empirical representation that are more intellectual than are warranted. Such views leave it doubtful that animals and human infants perceptually represent elements in the physical environment. By appeal to common sense and to empirical perceptual psychology, this essay argues that unaided perception yields objective representation of the macrophysical environment. It does so in prelinguistic animals, even in animals that almost surely lack propositional attitudes. The essay concludes with explications of nondeflationary conceptions of representation and perception. It distinguishes nonperceptual sensing from perceptual representation and explicates perceptual representation as a type of objective sensory representation. Objectivity is marked by perceptual constancies. Representation is marked by a nontrivial role for veridicality conditions in explanations of the relevant states. (shrink)

In this book, T. M. Scanlon offers new answers to these questions, as they apply to the central part of morality that concerns what we owe to each other.

Most of us create and use a panoply of non-sentential representations throughout our ordinary lives: we regularly use maps to navigate, charts to keep track of complex patterns of data, and diagrams to visualize logical and causal relations among states of affairs. But philosophers typically pay little attention to such representations, focusing almost exclusively on language instead. In particular, when theorizing about the mind, many philosophers assume that there is a very tight mapping between language and thought. Some analyze utterances (...) as the outer vocalizations of inner thoughts (e.g. Grice 1957, Devitt 2005), while others treat thought as a form of inner speech (e.g. Sellars 1956/1997, Carruthers 2002). But even philosophers who take no stand on the relative priority of language and thought still tend to individuate mental states in terms of the sentences we use to ascribe them. Indeed, Dummett (1993) claims that it is constitutive of analytic philosophy that it approaches the mind by way of language. In many ways, this linguistic model is salutary. Our thoughts are often intimately intertwined with their linguistic expression, and public language does provide a comparatively tractable proxy for, and a window into, the messier realm of thought. However, an exclusive focus on thought as it is expressed in language threatens to leave other sorts of thought unexplained, or even to blind us to their possibility. In particular, many cognitive ethologists and psychologists find it useful to talk about humans, chimpanzees, birds, rats, and even bees as employing cognitive maps. We need to make sense of this way of talking about minds as well as more familiar sentential descriptions. In what follows, I investigate the theoretical and practical possibility of non-sentential thought. Ultimately, I am most interested in the contours of distinctively human thought: what forms does human thought take, and how do those different forms interact? How does human thought compare with that of other animals? In this essay, however, I focus on a narrower and more basic theoretical question: could thought occur in maps? Many philosophers are convinced that in some important sense, thought per se must be language-like.. (shrink)

SummaryNeither an infant one week old nor a snail is a rational creature. If the infant survives long enough, he will probably become rational, while this is not true of the snail. If we like, we may say of the infant from the start that he is a rational creature because he will probably become rational if he survives, or because he belongs to a species with this capacity. Whichever way we talk, there remains the difference, with respect to rationality, (...) between the infant and the snail on one hand, and the normal adult person on the other; this difference is discussed here.The difference consists, it is argued, in the having of propositional attitudes such as belief, desire, intention and shame. This raises the question how to tell when a creature has propositional attitudes; snails, we may agree, do not, but how about dogs or chimpanzees? The question is not empirical; the question is what sort of empirical evidence is relevant to deciding when a creature has propositional attitudes.It is next contended that language is a necessary concomitant of any of the propositional attitudes. This idea is not new, but there seem to be few arguments in its favor in the literature; one is attempted here.Crucial to the considerations advanced is the idea that belief depends on having the concept of objective truth, and that this comes only with language.RéuméNi un bébé d'une semaine, ni un serpent ne sont des créatures rationnelles. Si le bébé survit assez longtemps, il deviendra probablement rationnel, mais ce n'est pas vrai pour le serpent. Sil'on veut, on peut dire d'emblee du bébé qu'il est une créature rationnelle parce qu'il le deviendra s'il survit ou parce qu'il appartient à une espèce qui possède cette faculté. Quoi qu'on dise, la différence subsiste, en ce qui concerné la rationalité, entre le bébé et le serpent d'une part, la per‐sonne adulte normale de lcar;autre, et c'est cette différence qui sera discutée ici.La différence consiste, selon l'auteur, en une capacityé d'avoir des attitudes propositionnelles telles que la croyance, le désir, l'intention et la honte. Ceci pose la question de savoir quand on peut dire qu'une créature a des attitudes propositionnelles; on peut se mettre d'accord sur le fait que les serpents n'en ont pas, mais qu'en est‐il des chiens et des chimpanzés? La question n'est pas empirique, elle est de savoir quelle donnée empirique va décider si oui ou non une créature a des attitudes propositionnelles.L'auteur prétend que les attitudes propositionnelles s'accompagnent nécessairement du langage. Cette idèe n'est pas nouvelle, mais il semble qu'il y a peu d'arguments qui la soutiennent dans la littérature. On en trouvera un ici, où l'on montre qu'un élément crucial de a croyance dépend de l'acquisition du concept de vérité objective, qui ne se développe qu'avec le langage.ZusammenfassungWeder ein eine Woche altes Kind noch eine Schlange sind rationale Wesen. Wenn das Kind lange genug überlebt, wird es sich wahrscheinlich zu einem vernünftigen Wesen entwickeln, wäh‐rend das für die Schlange nicht zutrifft. Wenn wir wollen, können wir vom Kind sagen, dass es von Anfang an cin rationales Wesen ist, weil es im Fallc des Ubcrlebens vernünftig werden wird oder weil es zu einer Spezies mit dieser Fähigkeit gehört. Wie auch immer wir das ausdrücken, bleibt bezüglich der Rationalität der Unterschied zwischen dem Kind und der Schlange einerseits und der erwachsenen Person andererseits zurück. Dieser Unterschied wird hier diskutiert.Es wird argumentiert, dass der Unterschied in der Fähigkeit besteht, psychologische Haltun‐gen wie Glauben, Begierden, Absichten und Scham zu haben. Damit erhebt sich die Frage, wie man entscheiden kann, wann ein Wesen solchc Einstellungcn hat; Schlangen, wird man zugeben, haben keine; wie steht es aber mit Hunden Oder Schimpansen? Die Frage ist keine empirische, sondern betrifft die Frage, welche Art von empirischen Belegen für den Entscheid relevant ist, ob ein Wesen derartige Einstellungen hat.Es wird die These aufgestellt, dass Sprachen ein notwendiger Begleitumstand einer jeglichen propositionalen Haltung ist. Der Gedanke ist zwar nicht neu, aber es finden sich wenige Argu‐mente zu seiner Stützung in der Literatur; eines wird hier ausgeführt.Entscheidend für die vorgelegten Betrachtungen ist die Auffassung, wonach Glaube vom Begriff der objektiven Wahrheit abhängt, und dieser kommt erst mit der Sprache. (shrink)

The doyen of living English philosophers, by these reflections, took hold of and changed the outlook of a good many other philosophers, if not quite enough. He did so, essentially, by assuming that talk of freedom and responsibility is talk not of facts or truths, in a certain sense, but of our attitudes. His more explicit concern was to look again at the question of whether determinism and freedom are consistent with one another -- by shifting attention to certain personal (...) rather than moral attitudes, first of all gratitude and resentment. In the end, he arrived at a kind of Compatibilist or, as he says, Optimist conclusion. That is no doubt a recommendation but not the largest recommendation of this splendidly rich piece of philosophy. (shrink)

I want to reflect on some functions of memory and their relations to traditional issues about personal identity. I try to elicit ways in which having memory, with its presupposition of agent identity over time, is integral to being a person, indeed to having a representational mind.

Since it appeared in 1971, John Rawls's A Theory of Justice has become a classic. The author has now revised the original edition to clear up a number of difficulties he and others have found in the original book. Rawls aims to express an essential part of the common core of the democratic tradition--justice as fairness--and to provide an alternative to utilitarianism, which had dominated the Anglo-Saxon tradition of political thought since the nineteenth century. Rawls substitutes the ideal of the (...) social contract as a more satisfactory account of the basic rights and liberties of citizens as free and equal persons. "Each person," writes Rawls, "possesses an inviolability founded on justice that even the welfare of society as a whole cannot override." Advancing the ideas of Rousseau, Kant, Emerson, and Lincoln, Rawls's theory is as powerful today as it was when first published. (shrink)

Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.

According to our traditional conception of agency, most human beings are agents and most, if not all, nonhuman animals are not. However, recent developments in philosophy and psychology have made it clear that we need more than one conception of agency, since human and nonhuman animals are capable of thinking and acting in more than one kind of way. In this paper, I make a distinction between perceptual and propositional agency, and I argue that many nonhuman animals are perceptual agents (...) and that many human beings are both kinds of agent. I then argue that, insofar as human and nonhuman animals exercise the same kind of agency, they have the same kind of moral status, and I explore some of the moral implications of this idea. (shrink)

The illusory appeal of double effect -- The significance of intent -- Means and ends -- Blame.

This paper examines hart's model (1967) of the retributive theory. section i criticizes the model for not answering all the main questions to which a theory of punishment should be addressed, as hart alleges it does. section ii criticizes the model for its omission of the concept of desert. section iii criticizes attempts by card (1973) and by von hirsch (1976) to provide new ways of proportioning punitive severity to criminal injury. section iv discusses the idea of retribution in justifying (...) aim and criticizes the theory of fingarette (1977). the conclusion is that the new retributivists have not solved the problems inherent to older versions of the theory. (shrink)

This essay is a long one. It is not meant to be read in a single sitting. Its structure is as follows. In section I, I explicate perceptual anti-individualism. Section II centers on the two aspects of the representational content of perceptual states. Sections III and IV concern the nature of the empirical psychology of vision, and its bearing on the individuation of perceptual states. Section V shows how what is known from empirical psychology undermines disjunctivism and hence certain further (...) views that entail it, including naive realism. In Section VI, I raise a further point against disjunctivism. Section VII indicates how general reflection on perceptual perspective and epistemic ability supports the constraints from empirical psychology. It also explains how reflection on veridicality conditions, psychological explanation, and cognitive ability conspire to force recognition of the two kinds of representation mentioned in the preceding paragraph. In the Appendix, I criticize attempts to support disjunctivism. (shrink)