This article presents a theodicy based on a revision of the popular concept of God’s benevolence. If we follow the Protestant tradition by assuming that God is the exclusive source of virtue, the benevolence of God has to be radically different from the benevolence of a human being. A benevolent and almighty God who wishes to reward virtue and punish evil would design the world order similar to that in the allegory of the long spoons. Divine punishment is (...) unforgiving, merciless, individually non-retributive, holistically retributive, and quantitatively unpredictable. All sufferings are divine punishment. Several popular arguments from evil, including animal suffering, victims of evil deeds, natural disasters, and children’s diseases, can be resolved within this framework. (shrink)

A traditional and widespread belief among theists is that God administers punishment for sins and/or immoral actions. In this paper, Iargue that there is good reason to believe that the infliction of any suffering on humans by God (i.e., a perfectly just being) is morally unjustified. This is important not only because it conflicts with a deeply entrenched religious belief, but also because, as I show, a number of recent argumentative strategies employed by theistic philosophers require that divine (...) punishment be morally justifiable. I conclude, then, that the arguments put forth by these theistic philosophers do not succeed. (shrink)

Many moral philosophers have assumed that ordinary folk embrace moral objectivism. But, if so, why do folk embrace objectivism? One possibility is the pervasive connection between religion and morality in ordinary life. Some theorists contend that God is viewed as a divine guarantor of right and wrong, rendering morality universal and absolute. But is belief in God per se sufficient for moral objectivism? In this paper, we present original research exploring the connections between metaethics and particular conceptions of God (...) among religious participants. Study 1 shows that, when controlling for religiosity, age, and belief in God’s loving characteristics, it is belief in God’s punishing characteristics (specifically, the existence of Hell) that uniquely predicts rejection of moral relativism. Study 2 shows that followers of Abrahamic faiths are more likely to endorse moral objectivism when thinking of the Divine, regardless of loving or punishing characteristics. And Study 3 shows that priming for moral objectivism makes theists more likely to endorse God’s punishing characteristics. A general picture is suggested by these data. For Abrahamic theists, God’s particular characteristics are not germane to the question of whether his moral commandments are real and objective. And while theists strongly endorse God’s loving characteristics, focusing on the objective nature of morality can highlight God’s punishing nature, reminding theists that objective morality requires a divine guarantor of justice to enforce it. (shrink)

We discuss the philosophical problems attendant to the justice of eternal punishments in Hell, particularly those portrayed in Dante’s Inferno. We conclude that, under Dante’s description, a unique version of the problem of Hell (and Heaven) can be posed.

I argue that a comprehensive ontological assessment of the beatific vision suggests that an individual’s experience of God’s face is not merely dependent on a revelation of the divine energies, but that it requires a particular mode of reception on the part of the blessed individual grounded in the reality of their faith; lacking faith, what would otherwise be experienced as the blessed vision of God is instead received as a torturous punishment. Therefore, I contend that the beatific (...) vision is one of two possible phenomena resultant from seeing God’s face; the other is more commonly labeled “hellfire.” Consequently, the often-assumed bifurcated landscape of the Afterlife (into a Heaven suffused with God’s presence and a Hell deprived of it) must be reassessed. (shrink)

In this brief dialogue I consider the humanity and morality of the doctrine of eternal punishment.

I raise the following six moral objections to the way God evaluates us. (i) He violates the human right to free thought. (ii) He makes the dubious assumption that it is praiseworthy and blameworthy, respectively, to believe and disbelieve that he exists. (iii) He excessively rewards believers and excessively punishes disbelievers. (iv) He only assigns to his evaluatees the two extreme grades: eternal bliss and eternal damnation. (v) He overlooks diverse factors related to the belief of God. (vi) He is (...) silent on the issue of whether to evaluate animals. Therefore, God, who is allegedly omnipotent, omniscient, and omnibenevolent, does not exist. (shrink)

In the Hebrew Scriptures, there are familiar consequences for disobedience to God—destruction of holy sites, slavery, exile, and death. But there is one consequence that is less familiar and of special interest in this chapter. Disobedience to God sometimes results in stark reversals in God’s very relationship and experiential availability to God’s own people. Such people may even remove God’s very presence. This is a curious form of punishment that threatens the very spiritual identity of the victims of the (...) reversal. This chapter explores divine reversal in the Hebrew Scriptures (and its continuation in the New Testament). Insofar as the self-identified people of God commit positive injustices against others, and even insofar as they are culpable for failing to prevent such injustices from occurring, devotees of the Hebrew Scriptures—so, devout Jews and Christians alike—ought to take seriously the possibility that God will side with those who suffer the injustices and even, in a sense, sanctify their life, practices, and identity. Divine reversals pose problems for Jewish and Christian ethics, which must grapple with the possibility that God might seem to adopt inconsistent moral positions across time—or at least inconsistent moral postures. (shrink)

The belief that some misfortunes are punishments sent from God has been affirmed by many different cultures and religions throughout human history. The belief has proved a pervasive one, and is still endorsed today by many adherents of the great western religions of the Judaeo-Christian tradition. Invariably, what is believed is that a present misfortune is divine punishment for a past sin. But could a present misfortune in fact be divine punishment for a future sin? That (...) is, could God prepunish people for their future transgressions? The aim of this paper will be to show that there are solid philosophical grounds for supposing that he could and would do so. (shrink)

Locke’s account of personal identity has been highly influential because of its emphasis on a psychological criterion. The same consciousness is required for being the same person. It is not so clear, however, exactly what Locke meant by ‘consciousness’ or by ‘having the same consciousness’. Interpretations vary: consciousness is seen as identical to memory, as identical to a first personal appropriation of mental states, and as identical to a first personal distinctive experience of the qualitative features of one’s own thinking. (...) There is wide agreement, however, that Locke’s theory of personal identity is meant to complement his moral and theological commitments to a system of divine punishment and reward in an afterlife. But these commitments seem to require also a metaphysical criterion, and Locke is insistent that it cannot be substance. The difficulty reconciling the psychological and metaphysical requirements of the theory has led, at worst, to charges of incoherence and, at best, to a slew of interpretations, none of which is widely accepted. (shrink)

In this article, I set out Suárez's conception of the demon's obstinacy. For Suárez, the demons’ obstinacy is a divine punishment. It is the result of the free and awful choice to turn away from God that the demons have decided to make, the main consequence of which is the loss of the freedom to will and to do the good. Taking up Aquinas’s conception, Suárez considers that the demonic nature is irredeemably corrupt and obstinate in evil. Demons (...) are provided only with a miserable freedom, consisting of the possibility to choose between different evils. Perpetually sinful and eternally constrained to remain so, they are condemned to wretchedness, to complacency in evil, and to the unremitting torments of hell. (shrink)

The German philosopher Franz Brentano develops his personal thinking by harmonising his favourite sources: Aristotle, Thomas Aquinas and Leibniz. However, he also goes beyond them, introducing a determinism foreign to Thomas Aquinas and eliminating divine punishments from the future life, thus departing from the Christian position also held by Leibniz. Aristotle is credited with Brentano’s Leibnizian ideas: his God is the author of the best of all possible worlds and, within a deterministic paradigm, leads all souls to immortal happiness.

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)

One of the more exotic and mysterious features of Leibniz’s later philosophical writings is the harmony between the kingdom of nature and the kingdom of grace. In this paper I show that this harmony is not a single doctrine, but rather a compilation of two doctrines, namely (1) that the order of nature makes possible the rewards and punishments of rational souls, and (2) that the rewards and punishments of rational souls are administered naturally. I argue that the harmony is (...) best considered as Leibniz’s distinctive collation, development, and rebranding of these doctrines, which were not themselves unique to Leibniz, nor uncommon in the seventeenth century. There follows a detailed examination of various concrete examples of the harmony in operation, from which I show that it is essentially the culmination of Leibniz’s lifelong thinking about divine justice. (shrink)

Experimental philosophers and psychologists investigate whether people perceive moral judgments to be objectively true or false. Existing research focuses on a single dimension of ‘perceived objectivity’. The present research examines whether multiple dimensions of folk moral objectivity underlie moral judgments. It also examines whether such dimensions relate to perceived objectivity, tolerance, and people’s behavioral intentions to punish norm-violators. Exploratory factor analysis on twenty ethical items revealed three different ways of perceiving moral truth (Independent Truth, Universal Truth, Divine Truth), which (...) each form reliable subscales (Study 1). This three-factor structure was supported by confirmatory factor analysis (Study 2). Each of the dimensions is differently related to perceived objectivity (Study 3). With respect to tolerance, perceived objectivity is a mediator in the relationship between perceiving moral truth as absolute or universal and tolerance (Study 4). With respect to a willingness to harm measure, Independent Truth is negatively related and Universal Truth is positively related, to people’s punitive attitudes toward norm-violators. (shrink)

I argue that God lacks the standing to blame or punish people for their sin if theological determinism is true, and that this is so even if sinners deserve both blame and punishment for sins God determines them to commit (and thus even if theological determinism is compatible with human free will and moral responsibility). I then respond to two recent objections to this conclusion, one by John Ross Churchill, the other by Patrick Todd. I conclude by noting several (...) implications of the position here defended. (shrink)

According to the Free Will Explanation of a traditional view of hell, human freedom explains why some people are in hell. It also explains hell’s punishment and finality: persons in hell have freely developed moral vices that are their own punishment and that make repentance psychologically impossible. So, even though God continues to desire reconciliation with persons in hell, damned persons do not want reconciliation with God. But this moral vice explanation of hell’s finality is implausible. I argue (...) that God can and would make direct or indirect alterations in their character to give them new motivational reasons that re-enable their freedom to repent. Subsequently, I argue that it is probable that each damned person will be saved eventually, because there is a potential infinity of opportunities for free repentance. Thus, if the Free Will Explanation’s descriptions of hell and divine love are correct, it is highly probable that each person in hell escapes to heaven. (shrink)

The three great sovereigns of ancient Chinese history, which have subsumed almost nine centuries before Common Era, referred to Xia (2070-1600 BC), Shang (1600-1046 BC) and Zhou (1046- 256 BC) dynasties. The people of Shang, who represented the transition from a primitive to a civilized continuum with the invention of writing, were exposed to social stratification due to the self-interests of courtiers indulging in superstitions, relying on prophecy and necromancy. As a result of this stratification, the first examples of class (...) discrimination and hierarchical organization that divided national subjects into ranks, bestowing a privilege on the noble class, occurred. The Shang period has been implied as a process that, on one hand, continued the tradition of ancestral cults initiated by the Xia family, who founded the first official dynasty, but, on the other hand, humiliated the people in terms of status since the rulers who ascended the throne equated themselves with a divine power. The fact that the Shang rulers appropriated the rituals which took place under the name of deference during the Xia period escalated the belief of ancestral spirits’ belonging to heaven into another belief. Thus, the enslavement of those who did not belong to noble blood by forcing them into obedience to the dynasty has revealed an issue that should not be ignored. The Shang rulers, who divided the national subjects outside the noble class considering their mission, position, profession, and demotion, also classified the slaves in the service of the dynasty considering punishments, rules, and sanctions that they determined. Despite this truth, divergences among Chinese researchers underlie the dichotomy whether slavery existed in China. But if the classical texts are examined in detail, it can be sort out that slavery became prevalent in the Shang period and the dynasty was destroyed owing to the tyrannical governance policy of the rulers. In this study, it will be argued that slavery was experienced in early China society based on the idea of private property by discussing class discrimination and hierarchical organization leading Chinese bureaucracy. (shrink)

Revolutionary violence stems from the conatus of survival, from the appetite for life and joy rather than from the desire to destroy and the hubristic pretension to punish. It is an incursion of one's desire to affirm life and annihilate pain. Following Laruelle's methodology of nonstandard philosophy, I conclude that revolutionary violence is the product of an intensive expansion of life. Pure violence, conceived in non-philosophical terms, is a pre-lingual, presubjective force affected by the “lived,; analogous to Badiou's void and (...) it is radically revolutionary. It is fundamentally different from Benjamin's lawmaking “divine violence; and its appropriations by Žižek. Revolutionary experience is inevitably translated into language. What preserves the revolutionary substance in a post-revolution political discourse is that it is constantly checked by the sense of fidelity to the experience of the revolutionary event. Agamben, Benjamin, Schmidt and Žižek are discussed from an essentially non-philosophical stance, informed by Laruelle's theory that has been supplemented in some aspects by Badiou's concept of the pre-lingual event. (shrink)

Cosmic Justice Hypotheses. -/- This applied-logic lecture builds on [1] arguing that character traits fostered by logic serve clarity and understanding in ethics, confirming hopeful views of Alfred Tarski [2, Preface, and personal communication]. Hypotheses in one strict usage are propositions not known to be true and not known to be false or—more loosely—propositions so considered for discussion purposes [1, p. 38]. Logic studies hypotheses by determining their implications (propositions they imply) and their implicants (propositions that imply them). Logic also (...) studies hypotheses by seeing how variations affect implications and implicants. People versed in logical methods are more inclined to enjoy working with hypotheses and less inclined to dismiss them or to accept them without sufficient evidence. Cosmic Justice Hypotheses (CJHs), such as “in the fullness of time every act will be rewarded or punished in exact proportion to its goodness or badness”, have been entertained by intelligent thinkers. Absolute CJHs, ACHJs, imply that it is pointless to make sacrifices, make pilgrimages, or ask divine forgiveness: once acts are done, doers must ready themselves for the inevitable payback, since the cosmos works inexorably toward justice. Ceteris Paribus CJHs, CPCJHs, on the other hand, such as “in the fullness of time every act will be rewarded or punished in exact proportion to its goodness or badness—other things being equal”, leave room for exceptions. For example, some people subscribing to Ceteris Paribus CJHs think that certain bad acts can be performed with impunity as long as certain procedures are carried out previous to, or simultaneous with, or even after the acts. Belief Ceteris Paribus CJHs has been exploited by unscrupulous “spiritual leaders” who claim to have power to grant exceptions. In opposition to belief in CPCJHs are CJHs that hold belief in CPCJHs to be inherently wrong and subject to punishment. Other variants of CJHs are Cumulative Cosmic Justice Hypotheses, such as “in the fullness of time every person will be rewarded or punished in exact proportion to the net goodness or badness of their acts”. Still other variants include the Hereditary Cumulative Cosmic Justice Hypotheses, such as “in the fullness of time every person will be rewarded or punished in exact proportion to the net goodness or badness of their ancestors’ acts”. [1] JOHN CORCORAN, Inseparability of Logic and Ethics, Free Inquiry, S. 1989, pp. 37–40. [2] ALFRED TARSKI, Introduction to Logic, Dover, 1995. (shrink)

This study argues for the historical existence of Jesus of Nazareth as a radical Jewish pacifist who angered both the orthodox religious establishment and those who advocated violent insurrection against the Romans. The author asserts that Jesus' views were based on belief in a non-retributive, omnibenevolent God, challenging not only the Mosaic Law but assumptions about eternal punishment and the divine sanction of the state and its retributive institutions of war and punishment. The volume also interprets Paul (...) as being the first Christian revisionist. As a result, orthodox Christianity, through the influence of Paul (and thus Augustine, Aquinas, Luther, and Calvin), has mistakenly promoted the "just war" and "divinely ordained state" doctrines in the name of a thinker whose conclusions were in the opposite direction. (shrink)

Based upon the concept of Law qualified in Monarchia, II.50, Dante was not only a general philosopher (a lover of knowledge) as well as a political disputant in his times, but also his primary contribution (not always obvious) in legal speculation could be demonstrated. In fact, if his thought reflected the platonic ordo sapientiae through a deep intersection between téchne and episteme (phronesis) toward a linguistic koiné, could we say the same thing on his concept of justice as a rational (...) ars boni et aequi? This essay aims to depict Dante as legal theorist of his times and theorist of Justice beyond them, adopting the hermeneutical point of view, not just as an interest into textual interpretation but referring his use of language as form of life and his works an inexhaustible sources of education for legal philosophy. (shrink)

How should we punish criminal offenders? One prima facie attractive punishment is administering a mandatory neurointervention—interventions that exert a physical, chemical or biological effect on the brain in order to diminish the likelihood of some forms of criminal offending. While testosterone-lowering drugs have long been used in European and US jurisdictions on sex offenders, it has been suggested that advances in neuroscience raise the possibility of treating a broader range of offenders in the future. Neurointerventions could be a cheaper, (...) and more effective method of punishment. They could also be more humane. Nevertheless, in this paper we provide an argument against the use of mandatory neurointerventions on offenders. We argue that neurointerventions inflict a significant harm on an offender that render them a morally objectionable form of punishment in a respect that incarceration is not. Namely, it constitutes an objectionable interference with the offender’s mental states. However, it might be thought that incarceration also involves an equally objectionable interference with the offender’s mental states. We show that even if it were the case that the offender is harmed to the same extent in the same respect, it does not follow that the harms are morally equivalent. We argue that if one holds that intended harm is more difficult to justify than harm that is unintended but merely foreseen, this means neurointerventions could be morally objectionable in a significant respect that incarceration is not. (shrink)

Many philosophers have claimed that the folk endorse moral universalism. Some have taken the folk view to support moral universalism; others have taken the folk view to reflect a deep confusion. And while some empirical evidence supports the claim that the folk endorse moral universalism, this work has uncovered intra-domain differences in folk judgments of moral universalism. In light of all this, our question is: why do the folk endorse moral universalism? Our hypothesis is that folk judgments of moral universalism (...) are generated in part by a desire to punish. We present evidence supporting this across three studies. On the basis of this, we argue for a debunking explanation of folk judgments of moral universalism. Our results not only further our understanding of the psychological processes underpinning folk judgments of moral universalism. They also bear on philosophical discussions of folk meta-ethics. (shrink)

In this paper, I discuss a distinctively non-paradigmatic instance of punishment: the punishment of non-citizens. I shall argue that the punishment of non-citizens presents considerable difficulties for one currently popular account of criminal punishment: Antony Duff’s communicative expressive theory of punishment. Duff presents his theory explicitly as an account of the punishment of citizens - and as I shall argue, this is not merely an incidental feature of his account. However, it is plausible that (...) a general account of the criminal law of the kind of idealized state that Duff focusses on will need to say something about how that law deals with non-citizens. In particular, I claim, it will need to provide a justification for punishing them. Because Duff's account says nothing about the punishment of non-citizens, it cannot do so. Furthermore, although Duff's more recent suggestion that non-citizens should be thought of as being guests in the state on whose territory they are present may provide for an account of their criminalization, it cannot easily be extended into an account that provides a justification for their punishment. (shrink)

J. L. Schellenberg claims that the weakness of evidence for God’s existence is not merely a sign that God is hidden, “it is a revelation that God does not exist.” In Divine Hiddenness : New Essays, Michael J. Murray provides a “soul-making” defense of God’s hiddenness, arguing that if God were not hidden, then some of us would lose what many theists deem a good thing: the ability to develop morally significant characters. In this paper, I argue that Murray’s (...) soul-making defense not only fails to defend God’s hiddenness, it produces an argument for the nonexistence of God. (shrink)

An exploration of RA Duff's 'communicative theory of punishment' in contexts of deep legal and cultural pluralism.

Many criminal offenders come from disadvantaged backgrounds, which punishment entrenches. Criminal culpability explains some disadvantageous treatment in state-offender interactions; yet offenders remain people, and ‘some mother’s child’, in Eva Kittay’s terms. Offending behaviour neither erases needs, nor fully excuses our responsibility for offenders’ needs. Caring is demanded in principle, recognising the offender’s personhood. Supporting offenders may amplify welfare resources: equipping offenders to provide self-care; to meet caring responsibilities; and enabling offenders’ contribution to shared social life, by providing support and (...) furthering the choices of others seeking to engage with them. The desistance paradigm (viewing desistance from offending as a process, following from an offender’s active choice in the context of stabilising social structures and personal circumstances), implies that a supportive environment may facilitate reduced recidivism. While decisions about criminal culpability need justice, we may use state resources most effectively by also including care ethics in our thinking about punishment. (shrink)

This article argues that Clauberg defends the theory of concurrentism concerning the relationship between divine and secondary causality. It does so by examining Clauberg's theory of corporeal causation in light of his doctrines of cause in general and of corporeal substance. Clauberg's work represents one of the first attempts to reconcile Cartesian physics with the traditional doctrine in theology, according to which both God and created substances are true and immediate causes of all natural effects, in opposition to the (...) occasionalist trend which would soon develop in the Cartesian school as well as to the conservationist alternative of Durand de Saint-Pourçain. -/- Cet article soutient que Clauberg défend la théorie du concurrentisme sur la relation entre la causalité divine et la causalité seconde. Il le fait en examinant la théorie de la causalité corporelle de Clauberg à la lumière de ses doctrines de la cause en général et de la substance corporelle. L'œuvre de Clauberg représente l’une des premières tentatives de réconcilier la physique cartésienne avec la doctrine théologique traditionelle, selon laquelle Dieu et les substances créées sont des causes vrais et immédiates de tout effet naturel, en opposition au courant occasionnaliste qui se développera bientôt dans l'école cartésienne ainsi qu'à l'alternative conservationniste de Durand de Saint-Pourçain. (shrink)

Retributive theories of punishment argue that punishing a criminal for a crime she committed is sufficient reason for a justified and morally permissible punishment. But what about when the state gets lucky in its decision to punish? I argue that retributive theories of punishment are subject to “Gettier” style cases from epistemology. Such cases demonstrate that the state needs more than to just get lucky, and as these retributive theories of punishment stand, there is no anti-luck (...) condition. I’ll argue that Gettier-style cases demonstrate an impermissible instance of punishment, even though they meet the conditions of retributive theories of punishment. Retributive theories are, therefore, too weak. The safety condition from epistemology provides the anti-luck condition needed for permissible punishment. I argue that two forms of retributivism, rights-forfeiture and what I call standard retributivism, are both subject to Gettier-style cases. Unlike the literature on standards of proof, this paper argues that safety is a condition on punishment itself, i.e., in all nearby possible worlds, the accuser must correctly accuse the convicted for the crime they actually committed. (shrink)

In the Gorgias, Socrates argues that just punishment, though painful, benefits the unjust person by removing injustice from her soul. This paper argues that Socrates thinks the true judge (i) will never use corporal punishment, because such procedures do not remove injustice from the soul; (ii) will use refutations and rebukes as punishments that reveal and focus attention on psychological disorder (= injustice); and (iii) will use confiscation, exile, and death to remove external goods that facilitate unjust action.

Nathan Hanna has recently addressed a claim central to my 2013 article ‘Must Punishment Be Intended to Cause Suffering’ and to the second chapter of my 2016 book An Expressive Theory of Punishment: namely, that punishment need not involve an intention to cause suffering. -/- Hanna defends what he calls the ‘Aim To Harm Requirement’ (AHR), which he formulates as follows. AHR: ‘an agent punishes a subject only if the agent intends to harm the subject’ (Hanna 2017 (...) p969). I’ll try to show in this note that Hanna’s latest attempts to defend AHR fail. I’ll start by setting out my own view, drawing attention to one significant, but perhaps understandable, misstatement of Hanna’s. I’ll then discuss two alleged counter-examples that Hanna presents to my view, and show that they both fail in their own terms. I’ll also argue that, given assumptions that Hanna is willing to make a scenario closely related to one that Hanna presents counts against AHR. I’ll then discuss how significant it would be if these counter-examples were successful. My view is that it wouldn’t matter much, and that anyone attracted to abolitionism should agree. I’ll conclude with a brief discussion of Hart, which may be of interest to enthusiasts and Hart scholars. (shrink)

A man, carrying a gun in his waistband, robs a food vendor. In making his escape, the gun discharges, critically injuring the robber. About such instances, it is common to think, “he got what he deserved.” This Article seeks to explore cases like that—cases of “natural punishment.” Natural punishment occurs when a wrongdoer faces serious harm that results from her wrongdoing and not from anyone seeking retribution against her. The Article proposes that U.S. courts follow their peers and (...) recognize natural punishment as genuine punishment for legal, specifically constitutional, purposes. Were U.S. courts to do so, they would need to reduce the amount of punishment they would otherwise bestow on wrongdoers upon conviction if a natural punishment has occurred or foreseeably will occur. A handful of foreign jurisdictions already accept something like this Article’s proposal, but natural punishment has no formal legal recognition in the United States. The goal of this Article is twofold: first, it offers a rigorous and defensible definition of natural punishment by distinguishing it from nearby notions and dispelling any association with supernatural ideas; second, it demonstrates that recognizing natural punishment as genuine punishment will not much disturb existing American legal institutions and understandings. -/- As an added bonus, the concept of natural punishment can be employed to solve a longstanding problem in criminal law theory, the Mystery of Credit for Time Served. The Mystery surrounds the common practice of giving prisoners credit toward their prison sentences for their time served in jail awaiting trial. The Mystery poses a dilemma about whether the detention time was punishment: If it was punishment, then the detainee was punished before trial in violation of Due Process; however, if the time was not punishment, there is no reason to discount the prison sentence. Seeing the time in detention as an instance of natural punishment resolves the Mystery. (shrink)

Many people do not know or believe there is a God, and many experience a sense of divine absence. Are these (and other) “divine hiddenness” facts evidence against the existence of God? Using Bayesian tools, we investigate *evidential arguments from divine hiddenness*, and respond to two objections to such arguments. The first objection says that the problem of hiddenness is just a special case of the problem of evil, and so if one has responded to the problem (...) of evil then hiddenness has no additional bite. The second objection says that, while hiddenness may be evidence against generic theism, it is not evidence against more specific conceptions of God, and thus hiddenness poses no epistemic challenge to a theist who holds one of these more specific conceptions. Our investigation leaves open just how strong the evidence from hiddenness really is, but we aim to clear away some important reasons for thinking hiddenness is of no evidential significance at all. (shrink)

The purpose of this paper is to provide a justification of punishment which can be endorsed by free will skeptics, and which can also be defended against the "using persons as mere means" objection. Free will skeptics must reject retributivism, that is, the view that punishment is just because criminals deserve to suffer based on their actions. Retributivists often claim that theirs is the only justification on which punishment is constrained by desert, and suppose that non-retributive justifications (...) must therefore endorse treating the people punished as mere means to social ends. Retributivists typically presuppose a monolithic conception of desert: they assume that action-based desert is the only kind of desert. But there are also personhood-based desert claims, that is, desert claims which depend not on facts about our actions, but instead on the more abstract fact that we are persons. Since personhood-based desert claims do not depend on facts about our actions, they do not depend on moral responsibility, so free will skeptics can appeal to them just as well as retributivists. What people deserve based on the mere fact of their personhood is to be treated as they would rationally consent to be treated if all they had in view was the mere fact of their personhood. We can work out the implications of this view for punishment by developing a hypothetical consent justification in which we select principles of punishment in the Rawlsian original position, so long as we are careful not to smuggle in the retributivist assumption that it is under our control whether we end up as criminals or as law-abiding citizens once we raise the veil of ignorance. (shrink)

Whether causing flash crashes in financial markets, purchasing illegal drugs, or running over pedestrians, AI is increasingly engaging in activity that would be criminal for a natural person, or even an artificial person like a corporation. We argue that criminal law falls short in cases where an AI causes certain types of harm and there are no practically or legally identifiable upstream criminal actors. This Article explores potential solutions to this problem, focusing on holding AI directly criminally liable where it (...) is acting autonomously and irreducibly. Conventional wisdom holds that punishing AI is incongruous with basic criminal law principles such as the capacity for culpability and the requirement of a guilty mind. -/- Drawing on analogies to corporate and strict criminal liability, as well as familiar imputation principles, we show how a coherent theoretical case can be constructed for AI punishment. AI punishment could result in general deterrence and expressive benefits, and it need not run afoul of negative limitations such as punishing in excess of culpability. Ultimately, however, punishing AI is not justified, because it might entail significant costs and it would certainly require radical legal changes. Modest changes to existing criminal laws that target persons, together with potentially expanded civil liability, are a better solution to AI crime. (shrink)

Capital punishment—the legally authorized killing of a criminal offender by an agent of the state for the commission of a crime—stands in special need of moral justification. This is because execution is a particularly severe punishment. Execution is different in kind from monetary and custodial penalties in an obvious way: execution causes the death of an offender. While fines and incarceration set back some of one’s interests, death eliminates the possibility of setting and pursuing ends. While fines and (...) incarceration narrow one’s routes to happiness, death eliminates its possibility. Not surprisingly, there is much debate about the moral permissibility of capital punishment. This entry maps the terrain of this debate. The first section discusses justifications of the death penalty as they appear in major theories of punishment. The second section surveys moral objections to execution that apply to most justifications. The third addresses procedural criticisms, which do not target the morality of execution so much as the justice of its implementation. (shrink)

Many philosophers hold that punishment has an expressive dimension. Advocates of expressive theories have different views about what makes punishment expressive, what kinds of mental states and what kinds of claims are, or legitimately can be expressed in punishment, and to what kind of audience or recipients, if any, punishment might express whatever it expresses. I shall argue that in order to assess the plausibility of an expressivist approach to justifying punishment we need to pay (...) careful attention to whether the things which punishment is supposed to express are aimed at an audience. For the ability of any version of expressivism to withstand two important challenges, which I call the harsh treatment challenge’ and the ‘publicity challenge’ respectively. will depend on the way it answers them. The first of these challenges has received considerable discussion in the literature on expressive theories of punishment; the second considerably less. This is unfortunate. For careful consideration of the publicity challenge should lead us to favor a version of the expressive theory which has been under-discussed: the view on which punishment has an intended audience, and on which the audience is society at large, rather than—as on the most popular version of that view—the criminal. Furthermore, this view turns out to be better equipped to meet the harsh treatment challenge, and to be so precisely because of the way in which it meets the publicity challenge. (shrink)

This classic collection of essays, first published in 1968, represents H.L.A. Hart's landmark contribution to the philosophy of criminal responsibility and punishment. Unavailable for ten years, this new edition reproduces the original text, adding a new critical introduction by John Gardner, a leading contemporary criminal law theorist.

Open theists argue that God's relationship to time, as conceived in classical theism, is erroneous. They explain that it is contradictory for an atemporal being to act in a temporal universe, including experiencing its temporal successions. Contrary to the atemporalists, redemptive history has shown that God interacts with humans in time. This relational nature of God nullifies the classical notion of God as timelessly eternal. Therefore, it lacks a philosophical and theological basis. Because God is in time, He does not (...) know all future contingencies and, therefore, changes. This study examines open theism's appropriation of the A and B theories of time to the divine-human relationship. The study argues that divine temporality does not solve the tension of divine-human relationships, especially in relation to the future. Further, historical divine temporality does not negate the fact of divine atemporality. It mainly stems from God's choice to create temporal creatures and His relationship with them. Furthermore, if it is not logically and metaphysically contradictory for an omnipresent being to act in space, then it follows that an atemporal being can act in time. Whether time is understood from the metric or psychological point of view, it does not transcend God, and therefore, the limitation it places on human creatures with respect to the future does not apply to God. Lastly, although a few philosophers reject the notion of eternity as timelessly eternal, the doctrine has a philosophical and theological basis in the Scripture. (shrink)

Should the state punish its disadvantaged citizens who have committed crimes? Duff has recently argued that where disadvantage persists the state loses its authority to hold individuals to account and to punish for criminal wrongdoings. I here scrutinize Duff’s argument for the claim that social justice is a precondition for the legitimacy of state punishment. I sharpen an objection to Duff’s argument: with his framework, we seem unable to block the implausible conclusion that where disadvantage persists the state lacks (...) the authority to punish any citizen for any crime. I then set out an alternative line of argument in support of the claim that social deprivation can threaten the states legitimate punitive authority. I argue that a penal system must incorporate certain proportionality principles, and that these principles cannot both be met where citizens suffer from deprivation. (shrink)

I’ve argued that those who endorse the argument from divine hiddenness must give up all pure de jure objections to theism, and this means that endorsing the argument is costly for atheists. Benjamin Curtis claims that this isn’t a significant cost for atheists. I show that—contrary to Curtis—there is a significant cost, and spell out why this is so. Furthermore, I show that my argument functions as a new argument for affirming reformed epistemology—the view that if theism is true, (...) belief in God is probably rational. (shrink)

In the present article, he explains why divine silence poses a serious intellectual obstacle to belief in God, and then goes on to consider ways of overcoming that obstacle. After considering several ways in which divine silence might actually be beneficial to human beings, he argues that perhaps silence is nothing more or less than God’s preferred mode of interaction with creatures like us. Perhaps God simply desires communion rather than overt communication with human beings, and perhaps God (...) has provided ways for us to experience God’s presence richly even amidst the silence. (shrink)

Discussions of divine simplicity generally overlook the distinction between identity claims that are reductivist and identity claims that are eliminativist. If, for instance, the identity claim that 'the chair = a configuration of particles' is merely reductive, then there exist chairs and there exist configurations of particles and it turns out that they are identical. The identity in this case does not reduce the ontological complexity of the world. But if the identity claim is eliminativist, then it is true (...) again that chairs are configurations of particles, but chairs do not in fact exist. The illusory object that we call a chair turns out to be nothing over and above a configuration of physical particles. The chair reduces to the configuration of particles without remainder. The defense of divine simplicity in this paper argues that it is in this eliminativist sense that God's intrinsic properties are identical to God. (shrink)

Can an agent's intelligence level be negative? We extend the Legg-Hutter agent-environment framework to include punishments and argue for an affirmative answer to that question. We show that if the background encodings and Universal Turing Machine (UTM) admit certain Kolmogorov complexity symmetries, then the resulting Legg-Hutter intelligence measure is symmetric about the origin. In particular, this implies reward-ignoring agents have Legg-Hutter intelligence 0 according to such UTMs.

It is sometimes thought that the normative justification for responding to large-scale violations of human rights via the judicial appararatus of trial and punishment is undermined by the desirability of reconciliation between conflicting parties as part of the process of conflict resolution. I take there to be philosophical, as well as practical and psychological issues involved here: on some conceptions of punishment and reconciliation, the attitudes that they involve conflict with one another on rational grounds. But I shall (...) argue that there is a conception of political reconciliation available which does not involve forgiveness and this forms of reconciliation may be the best we can hope for in many conflicts. Reconciliation is nevertheless likely to require the expression of what Darrell Moellendorf has called 'political regret' and the denunciatory role aspect of punishment makes it particularly well-suited to this role. (shrink)

Many philosophers think that an agent punishes a subject only if the agent aims to harm the subject. Bill Wringe has recently argued against this claim. I show that his arguments fail.

Recent divine command theorists make a serious and impressive case that a sophisticated divine command theory has significant metaethical advantages and can adequately meet traditional objections, such as the Euthyphro problem. I survey the attempt sympathetically with a view to explaining how the divine command theory can deal with traditional objections while delivering on metaethical desiderata, such as providing an account of ethical objectivity. I argue, however, that to the extent that a divine command theory succeeds, (...) an ideal observer theory can do equally well. Once the divine command theory is rendered immune to Euthyphro-related objections, we will have all the machinery needed to show that an ideal observer theory can provide the same metaethical advantages, without supposing the existence of a divine commander. Other things being equal, ontological simplicity favors the ideal observer theory. (shrink)