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)

I focus on the metaphysical underpinnings of the censure theory of punishment, according to which punishment is justified if and because it expresses disapproval of injustice. Specifically, I seek to answer the question of what makes claims about proportionate censure true or false. In virtue of what is it the case that one form of censure is stronger than another, or that punishment is the censure fitting injustice? Are these propositions true merely because of social conventions, as (...) per the dominant view of philosophers such as Jean Hampton and Joel Feinberg, or is there an objective fact of the matter to which these propositions correspond? Such questions have been scarcely addressed in the analytic literature, but it is urgent to do so in a systematic way. As I make clear, what is probably the primary motivation for holding the censure theory of punishment depends on the truth of certain controversial theses about normative realism. -/- . (shrink)

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)

Some philosophers (Duff, Hampton) conceive of punishment as a way of communicating a message to the punished and argue that this communicative function justifies the harm of punishment. I object to communicative theories because punishment seems intuitively justified in cases in which it fails as a method of communication. Punishment fails as communication when the punished ignores the intended message or fails to understand it. Among those most likely to ignore or fail to understand the (...) message of punishment are the most hardened criminals, whom we typically think are appropriate targets of punishment. I suggest that an alternative justificatory strategy, one that focuses not on the successful receipt of the message of punishment by the wrongdoer but on the expression of condemnation by the community, is not subject to the same worry. The norms of successful expression are more easily met than those of communication, so that expressing condemnation toward a criminal might be justified even if he is unreceptive in the face of the expression. (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)

Traditional justifications of punishment, deterrence theory and retributivism, are subject to counterexamples that show that they do not explain why generally we have positive reason to punish those who commit serious crimes. Nor do traditional views sufficiently explain why criminals cannot reasonably object to punishment on the grounds that it deprives them of goods to which they are usually entitled. I propose an alternative justification of punishment, grounded in its blaming function. According to the “reactive theory,” (...) class='Hi'>punishment is justified because it expresses the appropriate indignation of the community. I argue that this blaming function provides a superior account of the positive reason to punish and of why serious criminals cannot reasonably object to their punishment. (shrink)

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)

I shall argue that advocates of denunciatory forms of expressivism can make a good case for restricting the range of measures that can be an appropriate form of punishment. They can do so by focusing not on the conditions of uptake of the message conveyed by punishment, but by the content of that message. For it is plausible that part of that message should be that the offender is a responsible agent and a member of the political community. (...) Forms of punishment which do not treat the offender as such are, for that reason unacceptable. Among the forms of punishment which are thereby ruled out are the extended use of solitary confinement, since this undermines the capacity for moral agency – and permanent felon disenfranchisement. -/- I also address two objections to this line of argument. One focuses on penal practices involving those who are not members of the political community: resident aliens and minors. These two cases raise different issues, but they both appear to show that justifiable punishment does not need to communicate a message which has components affirming agency and membership of a political community. I argue that in both cases the justifiability of punishment piggy-backs on the kind of justification available in the standard case. A second objection suggests that the offender has excluded themselves from the political community, and that measures that recognize this are therefore acceptable: I argue that very few offences, if any, have this character. ---. (shrink)

Disagreement is a pervasive feature of human discourse and a crucial force in shaping our social reality. From mundane squabbles about matters of taste to high-stakes disputes about law and public policy, the way we express and navigate disagreement plays a central role in both our personal and political lives. Legal discourse, in particular, is rife with disagreement - it is the very bread and butter of courtroom argument and legal scholarship alike. Consider a debate between two legal philosophers, Ronald (...) and Herbert, about the Eighth Amendment of the U.S. Constitution, which prohibits ‘cruel and unusual punishment’. Ronald asserts: ‘It is the law that capital punishment is prohibited’. In response, Herbert states: ‘It is not the law that capital punishment is prohibited’. We intuitively think Ronald and Herbert are disagreeing, which reveals in the fact that they are licensed to use ex¬pressions like no (it isn’t) and nuh-uh when responding to their opponent’s claim. But despite the ubiquity and significance of legal disagreement, its precise nature remains elusive. This chapter discusses what exactly is going on when two people disagree about what the law requires, and how can hybrid theory may answer this question. (shrink)

Some philosophers think that the challenge of justifying punishment can be met by a theory that emphasizes the expressive character of punishment. A particular type of theories of this sort - call it Expressive Retributivism [ER] - combines retributivist and expressivist considerations. These theories are retributivist since they justify punishment as an intrinsically appropriate response to wrongdoing, as something wrongdoers deserve, but the expressivist element in these theories seeks to correct for the (...) traditional obscurity of retributivism. Retributivists often rely on appeals to controversial intuitions involving obscure concepts. While retributive intuitions can be compelling, some worry that the justificatory challenge cannot be met merely by appealing to them. ER tries to enhance the clarity and justificatory power of these intuitions and the concepts they invoke by appealing to an expressive conception of punishment. I argue that these theories fail to justify punishment and that there is reason to think that they cannot, in principle, justify punishment. (shrink)

Recently, David Boonin has put forward several objections to Carlos S. Nino's 'Consensual Theory of Punishment'. In this paper I will defend Nino against the 'explicit denial objection'. I will discuss whether Boonin's interpretation of Nino as a tacit consent theorist is right. I will argue that the offender's consent is neither tacit nor express, but a special category of implicit consent. Further, for Nino the legal-normative consequences of an act (of crime) are 'irrevocable', i.e. one cannot (expressly and (...) successfully) deny liability to them. I will suggest an explanation for Nino's irrevocability claim. (shrink)

In this paper, I set out a version of the Forfeiture Theory of Punishment. Forfeiture Theory: Legal punishment is just or permissible because offenders forfeit their rights.On this account, offenders forfeit their rights because they infringed on someone’s rights. My strategy is to provide a version of the Forfeiture Theory and then to argue that it survives a number of initially intuitive seeming objections, most having their origins in the recent work of David Boonin.

When Dominique Strauss-Kahn, then head of the IMF, was arrested on charges of sexual assault arising from events that were alleged to have occurred during his stay in an up-market hotel in New York, a sizeable portion of French public opinion was outraged - not by the possibility that a well-connected and widely-admired politician had assaulted an immigrant hotel worker, but by the way in which the accused had been treated by the American authorities. I shall argue that in one (...) relatively minor respect, Strauss-Kahn’s defenders were correct. They were correct to argue that the parading of Strauss-Kahn before the press, in handcuffs - the so-called perp walk - constituted a form of punishment; and thus that it contravened the principle that criminal punishments should only be administered after a fair trial. So-called ‘expressive’ theorists of punishment hold that a form of harsh treatment can only constitute a form of punishment if it has an expressive role. Within the expressive family, we can distinguish between views on which the primary target of the communication to be the society of which either offender, or victim, or both are members—what I call ‘Denunciatory Views’, and views which take the principle target of penal communication to be the offender—such as Antony Duff’s Communicative View. I shall argue that on both a minimal account of punishment and on either kind of expressive view, ‘perp walks’ are a form of punishment. (shrink)

In this chapter, I consider contemporary consequentialist theories of punishment. Consequentialist theories of punishment look to the consequences of punishment to justify the institution of punishment. Two types of theories fall into this category—teleology and aggregationism. I argue that teleology is implausible as it is based on a problematic assumption about the fundamental value of criminal punishment, and that aggregationism provides a more reasonable alternative. Aggregationism holds that punishment is morally justified (...) because it is an institution that helps society to aggregate important moral values. Several theories fall into this category, including general deterrence theories, specific deterrence theories, and preventionism. I critically evaluate these theories and argue that only one specific deterrence theory, namely, my rights-protection theory, provides the most reasonable consequentialist account of punishment. (shrink)

Two-tiered mixed theories of punishment hold that legislatures should act according to consequentialism, but the judiciary should act according to retributivism. A major motivation for these theories is wanting to preserve the idea that punishment is ultimately justified on consequentialist grounds, without falling prey to the Punishing the Innocent objection. Yet this benefit is illusory. While two-tiered mixed theories successfully avoid the Punishing the Innocent objection narrowly construed, they do not successfully escape the point behind (...) it. This is because cases can be constructed with the same problems as those used to describe the classic Punishing the Innocent objection, just bumped up to the legislature. (shrink)

This chapter has two goals. First, I will present an interpretation of Kant’s mature account of punishment, which includes a strong commitment to retributivism. Second, I will sketch a non-retributive, “ideal abolitionist” alternative, which appeals to a version of original position deliberation in which we choose the principles of punishment on the assumption that we are as likely to end up among the punished as we are to end up among those protected by the institution of punishment. (...) This is radical relative to Kant’s mature theory of punishment, but arguably it conforms better to the spirit of Kant’s first Critique remarks on imputation and punishment than his mature theory does. (shrink)

Both proponents and opponents of capital punishment largely agree that death is the most severe punishment that societies should consider imposing on offenders. This chapter considers how (if at all) this ‘Ultimate Thesis’ can be vindicated. Appeals to the irrevocability of death, the badness of being executed, the badness of death, or the harsh condemnation societies express by sentencing offenders to death do not succeed in vindicating this Thesis, and in particular, fail to show that capital punishment (...) is more severe than the most likely alternative punishment offenders would suffer, namely, lifelong incarceration. The most plausible vindication of the Ultimate Thesis instead resides in how being condemned to death alters a person’s psychological relation to death. Our ordinary tendencies toward “death denial” diminish the terror that our awareness of death can otherwise induce in us, thereby enabling us to pursue worthwhile lives despite knowing of death’s inevitability. But condemned individuals are continually compelled to confront both the reality and specific circumstances of their own deaths and so do not enjoy the protective psychic shield that death denial provides us. This ‘relational’ rationale does not obviously succeed in proving the Ultimate Thesis, but if the Thesis is true, this rationale is essential to its justification. (shrink)

Thomas Hobbes’ theory of punishment plays a constitutive role in the Leviathan’s theory of state sovereignty. Despite this, Hobbes’ justification for punishment is widely found to be discrepant, weak, inconsistent, and contradictory. Two dominant tendencies in the scholarship attempt to stabilize the Leviathan’s justification for the state’s right to punish by either identifying it with the sovereign’s right to war or by elaborating a theory of authorization within the state. In contrast, by tracing the deployments of the metaphor (...) that Hobbes utilizes to evoke the state’s right to punish in the Leviathan (i.e. that of the nerves of the Leviathan) this paper finds that these two accounts can be made to be consistent with each other — thereby destabilizing the grounds upon which the theory of punishment can be founded. (shrink)

In this paper, I propose a new self-defense theory of punishment, the rights-protection theory. By appealing to the interest theory of right, I show that what we call “the right of self-defense” is actually composed of the right to protect our basic rights. The right of self-defense is not a single, self-standing right but a group of derivative rights justified by their contribution to the protection of the core, basic rights. Thus, these rights of self-defense are both justified and (...) constrained by the basic rights they are supposed to protect. I then explain how this theory responds to a common objection. Opponents argue that, to exercise the right of self-defense, some threat must be present. However, in the context of punishment, the threat has already taken effect or is already gone. Thus, the right of self-defense becomes irrelevant when we punish an offender. I show that this objection is based on an implausibly narrow conception of self-defense. A reasonable conception would allow us to exercise our right of self-defense when there is a present definite threat, a future definite threat, or a potential threat. Thus, we may still exercise our right of self-defense in the context of punishment. (shrink)

Several prominent philosophers of art have worried about whether Kant has a coherent theory of music on account of two perceived tensions in his view. First, there appears to be a conflict between his formalist and expressive commitments. Second (and even worse), Kant defends seemingly contradictory claims about music being beautiful and merely agreeable, that is, not beautiful. Against these critics, I show that Kant has a consistent view of music that reconciles these tensions. I argue that, for Kant, (...) music can be experienced as either agreeable or beautiful depending on the attitude we take toward it. Although it is tempting to think he argues that we experience music as agreeable when we attend to its expressive qualities and as beautiful when we attend to its formal properties, I demonstrate that he actually claims that we are able to judge music as beautiful only if we are sensitive to the expression of emotion through musical form. With this revised understanding of Kant's theory of music in place, I conclude by sketching a Kantian solution to a central problem in the philosophy of music: given that music is not sentient, how can it express emotion? (shrink)

A deterrence theory of punishment holds that the institution of criminal punishment is morally justified because it serves to deter crime. Because the fear of external sanction is an important incentive in crime deterrence, the deterrence theory is often associated with the idea of severe, disproportionate punishment. An objection to this theory holds that hope of escape renders even the severest punishment inapt and irrelevant. -/- This article revisits the concept of deterrence and defend a more (...) plausible deterrence theory of punishment—the wide-scope deterrence theory. The wide-scope theory holds that we must make the best use of all the deterrence tools available, including both external and internal sanctions. Drawing on insights from the early Confucian tradition, the article develops a deep deterrence theory, which holds that the most important deterrence tool involves internal, not external, sanction. It describes how internal sanctions deter potential offenses and why relevant policies need not conflict with liberalism’s respect for neutrality. (shrink)

Thom Brooks criticizes utilitarian and retributive theories of punishment but argues that utilitarian and retributive goals can be incorporated into a coherent and unified theory of punitive restoration, according to which punishment is a means of reintegrating criminals into society and restoring rights. I point to some difficulties with Brooks’ criticisms of retributive and utilitarian theories, and argue that his theory of punitive restoration is not unified or coherent. I argue further that a theory attempting to (...) capture the complex set of rules and behaviors that constitute the practice of legal punishment cannot persuasively be unified and coherent: legitimate features of the practice advance goals and promote values that in some cases conflict. (shrink)

English title: The Right to be Punished: On Kant and Hegel's theories of punishment as respect for the criminal -/- The article discusses Kant and Hegel's theories of punishment in light of their broader legal philosophies. The purpose of punishment, and law in general, is to secure mutual freedom and mutual recognition. Punishment is a way of expressing respect for the freedom of the criminal, as well as the freedom of victims and all members (...) of society. Though it might seem odd that imprisoning somebody means respecting their freedom, Hegel famously insists that punishment is a right for the criminal. The article explains how punishment may respect mutual freedom, and defends the claim that this is a necessary condition for just punishment. However, the purpose of re-establishing mutual freedom may possibly be achieved by other methods than punishment. The article discusses the potential of restorative justice processes for expressing the kind of mutual recognition that Hegel ascribes to punishment. Punishment is therefore not necessary for achieving the just purpose that Kant and Hegel ascribe to it. We may thus accept the Kantian-Hegelian framework for the just sanctioning of crime while challenging their more controversial claim that punishment is a categorical imperative. (shrink)

Judging a person as morally responsible involves believing that certain responses (such as punishment, reward, or expressions of blame or praise) can be justifiably directed at the person. This paper develops an account of the evolution of moral responsibility judgment that adopts Michael Tomasello’s two-step theory of the evolution of morality and borrows also from Christopher Boehm’s work. The main hypothesis defended is that moral responsibility judgment originally evolved as an adaptation that enabled groups of cooperative individuals to hold (...) free riders responsible more safely by acting in a coordinated way. (shrink)

I propose a theory of punishment that is unfamiliar in the West, according to which the state normally ought to have offenders reform their characters and compensate their victims in ways the offenders find burdensome, thereby disavowing the crime and tending to foster improved relationships between offenders, their victims, and the broader society. I begin by indicating how this theory draws on under-appreciated ideas about reconciliation from the Global South, and especially sub-Saharan Africa, and is distinct from the protection (...) and retribution theories that have dominated the Western philosophy of punishment for about 250 years. Then I argue that it neatly avoids objections to them and is prima facie plausible in its own right. I conclude that this reconciliation theory of state punishment should be taken seriously by philosophers of law and policy makers. (shrink)

Since 1900, debates about the justification of punishment have also been debates about the cause of crime. In the early twentieth century, the rehabilitative ideal of punishment viewed mental illness and dysfunction in individuals as the cause of crime. Starting in the 1970s, retributivism identified the immorality of human agents as the source of crime, which dovetailed well with the “tough-on-crime” political milieu of the 1980s and 1990s that produced mass incarceration. After surveying these historical trends, Wirts argues (...) for a social critical view that crime is best understood as a product of an unjust society, not faulty human beings. This view should take the lessons learned by the critiques of rehabilitation, however, and resist the tendency to reduce human beings to recipients of social services. (shrink)

In this paper, I argue that one approach to normative political theory, namely contextualism, can benefit from a specific kind of historical inquiry, namely genealogy, because the latter provides a solution to a deep-seated problem for the former. This problem consists in a lack of critical distance and originates from the justificatory role that contextualist approaches attribute to contextual facts. I compare two approaches to genealogical reconstruction, namely the historiographical method pioneered by Foucault and the hybrid method of pragmatic genealogy (...) as practiced by Bernard Williams, arguing that they both ensure an increase in critical distance while preserving contextualism’s distinctiveness. I also show, however, that only the latter provides normative action-guidance and can thus assist the contextualist theorist in the crucial task of discerning how far certain contextual facts deserve their justificatory role. I prove this point by showing how a pragmatic genealogy of the practice of punishment can inform the contextualist’s reflection about the role this practice should play in a transitional scenario, i.e. in the set of circumstances societies go through in the aftermath of large-scale violence and human rights violations. (shrink)

This paper examines the causal basis of our ability to attribute emotions to music, developing and synthesizing the existing arousal, resemblance and persona theories of musical expressivity to do so. The principal claim is that music hijacks the simulation mechanism of the brain, a mechanism which has evolved to detect one's own and other people's emotions.

I argue that rights-forfeiture by itself is no path to permissibility at all (even barring special circumstances), neither in the case of self-defense nor in the case of punishment. The limiting conditions of self-defense, for instance – necessity, proportionality (or no gross disproportionality), and the subjective element – are different in the context of forfeiture than in the context of justification (and might even be absent in the former context). In particular, I argue that a culpable aggressor, unlike an (...) innocent aggressor, forfeits rights against proportionate defense, including unnecessary defense (as well as rights against the infliction of proportionate non-defensive harm). Yet, I demonstrate that this stance need not lead to the abandonment of the necessity condition of justified self-defense in the case of a culpable aggressor. Since justification and liability are not the same, there is no reason to assume that the necessity condition of justified self-defense must be explained under an appeal to the aggressor’s rights. Parallel arguments apply to the other limiting conditions of permissible self-defense as well as to the limiting conditions of permissible punishment. Accordingly, I also sketch alternative explanations of the proportionality requirement and the subjective element. All these alternative explanations appeal to a principle of precaution: instead of explaining the unjustifiability of unnecessarily harming a culpable attacker or wrongdoer by an appeal to the rights of the attacker or wrongdoer himself, one can also, and better, explain it by a requirement to take reasonable precautions against violating the rights of innocent people. (shrink)

This book is the first comprehensive study of the meaning and measure of enforceability. While we have long debated what restraints should govern the conduct of our social life, we have paid relatively little attention to the question of what it means to make a restraint enforceable. Focusing on the enforceability of legal rights but also addressing the enforceability of moral rights and social conventions, Mark Reiff explains how we use punishment and compensation to make restraints operative in the (...) world. After describing the various means by which restraints may be enforced, Reiff explains how the sufficiency of enforcement can be measured, and he presents a unified theory of deterrence, retribution, and compensation that shows how these aspects of enforceability are interconnected. Reiff then applies his theory of enforceability to illuminate a variety of real-world problem situations. (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.

Davidson’s theory of agency aims to solve the dilemma that the same action can be both intentional and not intentional. He explains primitive actions using primarily bodily movements and argues that event-causality can be described through the “accordion effect”, but not agent-causality. And Davidson uses reasons as causes to explain the actions and responds to five objections. In this paper, I critique Davidson’s argument, pointing out that he ignores certain factors in the belief-desire model, such as emotions. And his sentence (...) holism has a problem because individual words that express complete thoughts can explain actions in language games. As a result, Davidson’s criticism of Wittgenstein is not reasonable. (shrink)

Gareth Evans, in The Causal Theory of Names, states that the causal theory of reference needs to be expanded to include what he calls multiple "bases". After the initial baptism, the use of the name in the presence of the person can, under the right circumstances, be considered as reinforcing the name in its referent. For those who are in direct contact with the person, the reference for the expression of the name is solved by means of a causal chain (...) that includes people who knew him during the "baptism", or by indexing the person to the name at the time of communication. DOI: 10.13140/RG.2.2.28651.08484 . (shrink)

There is a tension between John Locke’s awareness of the fundamental importance of a shared public language and the manner in which his theorizing appears limited to offering a psychologistic account of the idiolects of individual speakers. I argue that a correct understanding of Locke’s central notion of signification can resolve this tension. I start by examining a long standing objection to Locke’s view, according to which his theory of meaning systematically gets the subject matter of our discourse wrong, by (...) making our ideas the meanings of our words. By examining Locke’s definition of “truth”, I show that Lockean signification is an expression relation, rather than a descriptive or referential relation. Consequently, the sense in which our words signify our ideas is roughly that our utterances advertise our otherwise undisclosed mental lives to each other. While this resolves one aspect of the public/private tension, I close with a brief discussion of the remaining tension, and the role for normative constraints on signification to play in generating a genuinely shared public language. (shrink)

The aim of this dissertation is to offer and defend a correspondence theory of truth. I begin by critically examining the coherence, pragmatic, simple, redundancy, disquotational, minimal, and prosentential theories of truth. Special attention is paid to several versions of disquotationalism, whose plausibility has led to its fairly constant support since the pioneering work of Alfred Tarski, through that by W. V. Quine, and recently in the work of Paul Horwich. I argue that none of these theories meets (...) the correspondence intuition---that a true sentence or proposition in some way corresponds to reality---despite the explicit claims by each to capture this intuition. I distinguish six versions of the correspondence theory, and defend two against traditional objections, standardly taken as decisive against them, and show, plainly, that these two theories capture the correspondence intuition. Due to the importance of meeting this intuition, only these two theories stands a chance of being a satisfactory theory of truth. I argue that the version of the correspondence theory incorporating a simple semantic representation relation is preferable to its rival, for which the representation relation is complex. I present and argue for a novel version of this correspondence theory according to which truth is a correspondence property sensitive to semantic context. One consequence of this context-sensitivity is that an ungrounded sentence does not express a proposition. In addition to accounting for the similarity between the Liar and Truth-Teller sentences, this theory of truth is immune to the Liar Paradox, including empirical versions. It is argued that the Liar Paradox is devastating to all of the other theories above, and even formal theories of truth designed to solve it, such as the revision and vagueness theories. Customized versions of the Liar Paradox besetting this theory are handled by its context-sensitivity, and by enforcing the distinction between truth and truth value. This same pair of considerations also yields solutions to Lob's Paradox and Grelling's Paradox. Arguments similar to those given to defend this correspondence theory show that with one minor alteration, Kripke's fixed point theory may be used to model this correspondence notion of truth. (shrink)

This author’s reply addresses critiques by Daniel Engster, Kelly Gawel, and Andrea Westlund about my 2020 book, Freedom to Care: Liberalism, Dependency Care, and Culture. I begin with a statement of my commitment to liberalism. In section two, I defend the value of a distinction between conceptions of persons in the real world and in contract theory to track inequalities in care when indexed to legitimate needs. I argue, as well, that my variety of contract theory supplies the normative content (...) needed to reject the subordination of women of color. Acknowledging the enduring danger of expressive subordination, I emphasize my theory’s compatibility with the full social inclusion of people with disabilities. Section three then defends liberal dependency care’s compatibility with radical critique and transformative change by emphasizing the abstract nature of its core theoretical module. Finally, in section four, I reaffirm conceptual distinctions between autonomy skills, care skills, and a sense of justice by explicating their theoretical roles. In that section, I also embrace Westlund’s insight that theorists of justice need to have skills enabling responsiveness to other perspectives. To this new requirement for actual theorists of justice, I further add that we must attain capacities to engage critically with our society’s norms. Thus, the final section of this article supplements the justificatory module of liberal dependency care, building from the necessary conditions specified as two-level contract theory toward an account of necessary and sufficient conditions for this liberalism’s justificatory module. (shrink)

For generations, philosophers of punishment have sought to revise or combine established theories of punishment in a way that could reconcile the utilitarian aims of punishment with the demands of deontological justice. Victor Tadros’ recent work addresses the same problem, but answers it w it h an entirely original theory of punishment based on the duties criminals acquire by committing their crimes. The unexpected appearance of a new rationale for punishment has already inspired a (...) robust dialogue between Tadros and his critics on many of the individual claims that, linked together, comprise his argument. This critique focuses instead on Tadros’ theory as a whole and the methodology he uses to support it. It proposes that Tadros’ argumentative strategy can’t justify his rationale by virtue of (1) the extent and complexity of the moral reasoning he invokes, (2) the counter-intuitive results his theory produces in an array of specific cases, and (3) the superiority of a negative-retributivist account in which moral reasoning and intuitive judgments, and the principles and applications that f low from each, are coherent and mutually supportive. Victor Tadros responds to these arguments in an essay following this critique. (shrink)

I here defend a theory consisting of four claims about ‘property’ and properties, and argue that they form a coherent whole that can solve various serious problems. The claims are (1): ‘property’ is defined by the principles (PR): ‘F-ness/Being F/etc. is a property of x iff F’ and (PA): ‘F-ness/Being F/etc. is a property’; (2) the function of ‘property’ is to increase the expressive power of English, roughly by mimicking quantification into predicate position; (3) property talk should be understood (...) at face value: apparent commitments are real and our apparently literal use of ‘property’ is really literal; (4) there are no properties. In virtue of (1)–(2), this is a deflationist theory and in virtue of (3)–(4), it is an error theory. (1) is fleshed out as a claim about understanding conditions, and it is argued at length, and by going through a number of examples, that it satisfies a crucial constraint on meaning claims: all facts about ‘property’ can be explained, together with auxiliary facts, on its basis. Once claim (1) has been expanded upon, I argue that the combination of (1)–(3) provides the means for handling several problems: they help giving a happy-face solution to what I call the paradox of abstraction , they form part of a plausible account of the correctness of committive sentences, and, most importantly, they help respond to various indispensability arguments against nominalism. (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)

I argue that contemporary liberal theory cannot give a general justification for the institution or practice of punishment, i.e., a justification that would hold across a broad range of reasonably realistic conditions. I examine the general justifications offered by three prominent contemporary liberal theorists and show how their justifications fail in light of the possibility of an alternative to punishment. I argue that, because of their common commitments regarding the nature of justification, these theorists have decisive reasons to (...) reject punishment in favor of a non-punitive alternative. I demonstrate the possibility of this alternative by means of a careful examination of the nature of punishment, isolating one essential characteristic—the aim to impose suffering—and showing how this characteristic need not guide enforcement. There is logical space for a forceful and coercive, yet non-punitive method of enforcement. This fact poses difficulties for many classical and contemporary justifications of punishment, but it poses particularly crippling problems for general liberal justifications. (shrink)

At first sight the Theory of Computation i) relies on a kind of mathematics based on the notion of potential infinity; ii) its theoretical organization is irreducible to an axiomatic one; rather it is organized in order to solve a problem: “What is a computation?”; iii) it makes essential use of doubly negated propositions of non-classical logic, in particular in the word expressions of the Church-Turing’s thesis; iv) its arguments include ad absurdum proofs. Under such aspects, it is like many (...) other scientific theories, in particular the first theories of both mechanical machines and heat machines. A more accurate examination of Theory of Computation shows a difference from the above mentioned theories in its essentially including an odd notion, “thesis”, to which no theorem corresponds. On the other hand, arguments of each of the other theories conclude a doubly negative predicate which then, by applying the inverse translation of the ‘negative one’, is translated into the corresponding affirmative predicate. By also taking into account three criticisms to the current Theory of Computation a rational re-formulation of it is sketched out; to Turing-Church thesis of the usual theory corresponds a similar proposition, yet connecting physical total computation functions with constructive mathematical total computation functions. -/- . (shrink)

This paper is composed of two main sections: the first establishes the principles of punishment; the second presents an argument within one of the fundamental theories. The first involves an objective viewpoint of the four main theories in the philosophy of punishment. The second half consists of an argument against the practice and theory of capital punishment from a retributivist viewpoint. Within this viewpoint, it is argued that proportionality does not require a retributivist to adopt (...) capital punishment as an appropriate type of punishment. (shrink)

Recent work in social psychology suggests that people harbor “implicit race biases,” biases which can be unconscious or uncontrollable. Because awareness and control have traditionally been deemed necessary for the ascription of moral responsibility, implicit biases present a unique challenge: do we pardon discrimination based on implicit biases because of its unintentional nature, or do we punish discrimination regardless of how it comes about? The present experiments investigated the impact such theories have upon moral judgments about racial discrimination. The (...) results show that different theories differ in their impact on moral judgments: when implicit biases are defined as unconscious, people hold the biased agent less morally responsible than when these biases are defined as automatic (i.e., difficult to control), or when no theory of implicit bias is provided. (shrink)

Easy to understand philosophy papers in all areas. Table of contents: Three Short Philosophy Papers on Human Freedom The Paradox of Religions Institutions Different Perspectives on Religious Belief: O’Reilly v. Dawkins. v. James v. Clifford Schopenhauer on Suicide Schopenhauer’s Fractal Conception of Reality Theodore Roszak’s Views on Bicameral Consciousness Philosophy Exam Questions and Answers Locke, Aristotle and Kant on Virtue Logic Lecture for Erika Kant’s Ethics Van Cleve on Epistemic Circularity Plato’s Theory of Forms Can we trust our senses? Yes (...) we can Descartes on What He Believes Himself to Be The Role of Values in Science Modern Science Kant’s Moral Philosophy Plato’s Republic as Pol Potist Bureaucracy Schopenhauer on Human Suffering Bertrand Russell on the Value of Philosophy The Philosophical Value of Uncertainty Logic Homework: Theorems and Models Searle vs. Turing on the Imitation Game Hume, Frankfurt, and Holbach on Personal Freedom Manifesto of the University of Wisconsin, Madison Secular Society Michael’s Analysis of the Limits of Civil Protections Bentham and Mill on Different Types of Pleasure Set Theory Homework Aristotle on Virtue Nagel On the Hard Problem Wittgenstein on Language and Thought Camus and Schopenhauer on the Meaning of Life Camus’ Hero as Rebel without a Cause My Little Finger: Camus’ Absurdism Illustrated Are Late-term Abortions Ethical? Does Mathematics Assume the Truth of Platonism? The Self-defeating Nature of Utilitarianism and Consequentialism Generally What is The Good Life? Bentham and Mill regarding types of pleasures Kant’s Moral Philosophy Five Short Papers on Mind-body Dualism Tracy Latimer’s Father had the Right to Kill Her: Towards a doctrine of generalized self-defense Arguments Concerning God and Morality Goldman, Rousseau and von Hayek on the Ideal State J.S Mill on Liberty and Personal Freedom A Kantian Analysis of a Borderline Date-rape Situation Living Well as Flourishing: Aristotle’s Conception of the Good Life Three Essays on Medical Ethics: Answers to Exam Questions on Elective Amputation, Vaccination, and Informed Consent Hobbes, Marx, Rousseau, Nietzsche: Their Central Themes De Tocqueville on Egoism Mill vs. Hobbes on Liberty Exam-Essays on the Moral Systems of Mill, Bentham, and Kant Kant’s Moral System Aristotle on Virtue Plato’s Cave Allegory An Ethical Quandary Superorganisms The Tuskegee Experiment A Rawlsian Analysis Why Moore’s Proof of an External World Fails A Defense of Nagel’s Argument Against Materialism A Utilitarian Analysis of a Case of Theft The Paradox of the Self-aware Wretch: An Analysis of Pascal’s Moral Philosophy Jean-Paul Sartre: Decline and Fall of a Marxist Sell-out A One Page Proof of Plato’s Theory of Forms Plato’s Republic as Pol Potist Bureaucracy The problem of the one and the many Four Short Essays on Truth and Knowledge What is ‘the Good Life?’ The Ontological Argument Different Political Philosophies: Plato, Locke, Madison, Rousseau, Hayek, and Mill on the State What do I know with certainty? Skepticism about skepticism Neuroscience and Freewill Operant Conditioning What makes us special? Are Late-term Abortions Ethical? No Two Papers on Epistemology: Gettier and Bostrom Examination Nietzsche on Punishment God’s Foreknowledge and Moral Responsibility . (shrink)

RESUMO:O objetivo deste artigo é discutir sobre os conceitos de obrigação e lei natural, tendo como referência o polêmico debate moderno envolvendo intelectualismo e voluntarismo. Em um primeiro momento, destacaremos a rejeição de Wolff ao voluntarismo de Pufendorf e sua orientação em direção ao intelectualismo de Leibniz. Conforme essa nova orientação, uma teoria da lei natural não deve basear seu conceito de obrigação na autoridade das leis e em seu poder coercitivo, mas, por outro lado, unicamente na ideia de necessidade (...) moral, interpretada como expressão da ligação natural universal dos seres racionais com o dever. Em um segundo momento, apresentaremos os efeitos dessa discussão no pensamento inicial de Kant, que, se posicionando diante mesmo de Wolff e Baumgarten, vai empreender a superação de seus predecessores, através de uma revisão conceitual do problema, a qual culminará nos pressupostos de sua doutrina ética madura. -/- ABSTRACT:This paper highlights the debate around the concepts of obligationand natural law, with reference to the controversial modern discussion involving intellectualism and voluntarism. Firstly, we highlight Wolff’s rejection of the voluntarism of Pufendorf and Wolff’s orientation toward the intellectualism of Leibniz. For intellectualism, a theory of natural law should not ground the concept of obligation in the authority of laws and in their coercive power, but in the idea of moral necessity, understood as an expression of the universal natural connection of rational beings with duty. We then present the effects of this discussion on Kant’s early thought. Kant undertook to go beyond Wolff and Baumgarten through a conceptual review of the problem, which culminated in the assumptions of his mature ethics -/- This paper highlights the debate around the concepts of obligation and natural law , with reference to the controversial modern discussion involving intellectualism and voluntarism. Firstly, we highlight Wolff’s rejection of the voluntarism of Pufendorf and Wolff’s orientation toward the intellectualism of Leibniz. For intellectualism, a theory of natural law should not ground the concept of obligation in the authority of laws (established as an arbitrary decree of God) and in their coercive power (interpreted as fear of punishment), but in the idea of moral necessity, understood as an expression of the universal natural connection of rational beings with duty. We then present the effects of this discussion on Kant’s early thought. Kant undertook to go beyond Wolff and Baumgarten through a conceptual review of the problem, which culminated in the assumptions of his mature ethics. (shrink)

Most theories of promising are insufficiently broad, for they ground promissory obligation in some external or contingent feature of the promise. In this paper, I introduce a new kind of theory. The Mental States First (MSF) theory grounds promissory obligation in something internal and essential: the mental state expressed by promising, or the state that promisors purport to be in. My defense of MSF relies on three claims. First, promising to Φ expresses that you have resolved to Φ. Second, (...) resolving to Φ commits you to Φing, all else being equal. Third, the norms on speech acts are determined by the norms on the mental states they express, such that publicly expressing that you are in a state subjects you to whatever commitments are normally incurred by being in that state, regardless of whether you really are in it. I suggest that this general approach might also explain how the norms on other sorts of speech acts work. (shrink)

In this paper, I am going to cast doubt on an idea that is shared, explicitly or implicitly, by most contemporary pragmatic theories: that the inferential interpretation procedure described by Grice, neo-Griceans, or post-Griceans applies only to the interpretation of ostensive stimuli. For this special issue, I will concentrate on the relevance theory (RT) version of this idea. I will proceed by putting forward a dilemma for RT and argue that the best way out of it is to accept (...) that the relevance-theoretic comprehension procedure ap- plies to certain non-ostensive stimuli, contrary to what is generally claimed within RT. In particular, I will argue that relevance theorists should accept that (ceteris paribus) non- ostensive emotional expressions in interactions guarantee a presumption of relevance such that they are interpreted through the relevance-theoretic comprehension procedure. This leads me to propose what I call 'the expressive principle of relevance'. (shrink)

A uniform theory of conditionals is one which compositionally captures the behavior of both indicative and subjunctive conditionals without positing ambiguities. This paper raises new problems for the closest thing to a uniform analysis in the literature (Stalnaker, Philosophia, 5, 269–286 (1975)) and develops a new theory which solves them. I also show that this new analysis provides an improved treatment of three phenomena (the import-export equivalence, reverse Sobel-sequences and disjunctive antecedents). While these results concern central issues in the study (...) of conditionals, broader themes in the philosophy of language and formal semantics are also engaged here. This new analysis exploits a dynamic conception of meaning where the meaning of a symbol is its potential to change an agent’s mental state (or the state of a conversation) rather than being the symbol’s content (e.g. the proposition it expresses). The analysis of conditionals is also built on the idea that the contrast between subjunctive and indicative conditionals parallels a contrast between revising and consistently extending some body of information. (shrink)

What do we see when we look at someone's expression of fear? I argue that one of the things that we see is fear itself. I support this view by developing a theory of affect perception. The theory involves two claims. One is that expressions are patterns of facial changes that carry information about affects. The other is that the visual system extracts and processes such information. In particular, I argue that the visual system functions to detect the affects of (...) others when they are expressed in the face. I develop my theory by drawing on empirical data from psychology and brain science. Finally, I outline a theory of the semantics of affect perception. (shrink)