Bài viết nhằm tìm kiếm sự ảnh hưởng của trách nhiệm xã hội của doanh nghiệp (CRS) đến động lực làm việc của người lao động trong ngành bất động sản ở tỉnh Bình Dương. Kết quả nghiên cứu cho thấy, có 3 nhân tố, gồm: CSR hướng đến cộng đồng địa phương và khách hàng; CSR hướng đến người lao động; CSR hướng đến đối tác kinh doanh và nhà đầu tư, có sự ảnh hưởng và tác động đến (...) Động lực làm việc của người lao động trong ngành bất động sản tại Bình Dương. Từ đó, nghiên cứu đề xuất một số hàm ý chính sách qua đó góp phần giúp cho các doanh nghiệp thể hiện tốt vai trò và trách nhiệm của mình để ngày càng nâng cao động lực làm việc cho người lao động và ngày giúp họ càng gắn bó với doanh nghiệp nhiều hơn. (shrink)

This paper argues that public statues of persons typically express a positive evaluative attitude towards the subject. It also argues that states have duties to repudiate their own historical wrongdoing, and to condemn other people’s serious wrongdoing. Both duties are incompatible with retaining public statues of people who perpetrated serious rights violations. Hence, a person’s being a serious rights violator is a sufficient condition for a state’s having a duty to remove a public statue of that person. I argue that (...) this applies no less in the case of the ‘morally ambiguous’ wrongdoer, who both accomplishes significant goods and perpetrates serious rights violations. The duty to remove a statue is a defeasible duty: like most duties, it can be defeated by lesser-evil considerations. If removing a statue would, for example, spark a violent riot that would risk unjust harm to lots of people, the duty to remove could be outweighed by the duty not to foreseeably cause unjust harm. This would provide a lesser-evil justification for keeping the statue. But it matters that the duty to remove is outweighed, rather than negated, by these consequences. Unlike when a duty is negated, one still owes something in cases of outweighing. And it especially matters that it is outweighed by the predicted consequences of wrongful behaviour by others. (shrink)

The article sets out a primitive ontology of the natural world in terms of primitive stuff—that is, stuff that has as such no physical properties at all—but that is not a bare substratum either, being individuated by metrical relations. We focus on quantum physics and employ identity-based Bohmian mechanics to illustrate this view, but point out that it applies all over physics. Properties then enter into the picture exclusively through the role that they play for the dynamics of the primitive (...) stuff. We show that such properties can be local, as well as holistic, and discuss two metaphysical options to conceive them, namely, Humeanism and modal realism in the guise of dispositionalism. 1 Introduction2 Primitive Ontology: Primitive Stuff3 The Physics of Matter as Primitive Stuff4 The Humean Best System Analysis of the Dynamical Variables5 Modal Realism about the Dynamical Variables6 Conclusion. (shrink)

This paper presents a dilemma which it has been alleged by Kim Frost must be faced by any defender of the notion of a two-way power and offers a solution to the dilemma which is distinct from Frost’s own. The dilemma is as follows: assuming that powers are to be individuated by what they are powers to do or undergo, then either there is a unified description of the manifestation-type which individuates the power, or there is not. If there is, (...) then two-way powers are revealed really to be one-way powers, after all. If there is not, then it is difficult to explain why the two-way power does not simply dissolve into a mere combination of two one-way powers. The paper offers an account of what a two-way power is that is distinct from the one Frost takes for granted, and argues that this different conception is the key to avoiding the dilemma. It is also argued that this alternative conception has several further advantages over its rival and also that it has no less of a claim than Frost’s notion to be prefigured in Aristotle’s original discussion. (shrink)

In this paper Beebee argues that the problem of induction, which she describes as a genuine sceptical problem, is the same for Humeans than for Necessitarians. Neither scientific essentialists nor Armstrong can solve the problem of induction by appealing to IBE, for both arguments take an illicit inductive step.

An agent’s knowledge of her own intentional actions (agential knowledge) is non-observational. Yet, intentional actions typically consist of happenings external to the agents. A theory is needed to explain how agents are warranted to form such beliefs independent of observation. This paper first argues for three desirable features of an ideal theory about agential knowledge. After showing that no existing theories possess all three, a novel theory that does is presented. According to this theory, agential knowledge is the same kind (...) of knowledge as the Kripkean contingent a priori: they are knowledge justified a priori by stipulation. (shrink)

Humean compatibilism is the combination of a Humean position on laws of nature and the thesis that free will is compatible with determinism. This article's aim is to situate Humean compatibilism in the current debate among libertarians, traditional compatibilists, and semicompatibilists about free will. We argue that a Humean about laws can hold that there is a sense in which the laws of nature are 'up to us' and hence that the leading style of argument for incompatibilism?the consequence argument?has a (...) false premiss. We also display some striking similarities between Humean compatibilism and libertarianism, an incompatibilist view. For example, standard libertarians face a problem about luck, and we show that Humean compatibilists face a very similar problem. (shrink)

Appealing to imagination for modal justification is very common. But not everyone thinks that all imaginings provide modal justification. Recently, Gregory and Kung :620–663, 2010) have independently argued that, whereas imaginings with sensory imageries can justify modal beliefs, those without sensory imageries don’t because of such imaginings’ extreme liberty. In this essay, I defend the general modal epistemological relevance of imagining. I argue, first, that when the objections that target the liberal nature of non-sensory imaginings are adequately developed, those objections (...) also threaten the sensory imaginings. So, if we think that non-sensory imaginings are too liberal for modal justification, we should say the same about sensory imaginings. I’ll finish my defense by showing that, when it comes to deciding between saying that all imaginings are prima facie justificatory and saying that no imaginings are justificatory, there is an independent reason for accepting the former. (shrink)

In this paper, I explore the question what a continuant is, in the context of a very interesting suggestion recently made by Rowland Stout, as part of his attempt to develop a coherent ontology of processes. Stout claims that a continuant is best thought of as something that primarily has its properties at times, rather than atemporally—and that on this construal, processes should count as continuants. While accepting that Stout is onto something here, I reject his suggestion that we should (...) accept that processes are both occurrents and continuants; nothing, I argue, can truly occur or happen, which does not have temporal parts. I make an alternative suggestion as to how one might deal with the peculiar status of processes without jettisoning a very natural account of occurrence; and assess the consequences for the category of continuant. (shrink)

This paper defends a substance-based metaphysics for organisms against three arguments for thinking that we should replace a substantial understanding of living things with a processual one, which are offered by Dan Nicholson and John Dupré in their edited collection,Everything Flows: Towards a Processual Philosophy of Biology(Oxford: Oxford University Press, 2018). Dupré and Nicholson consider three main empirical motivations for the adoption of a process ontology in biology. These motivations are alleged to stem from facts concerning (i) metabolism; (ii) the (...) life cycles of organisms; and (iii) ecological interdependence. The paper discusses each of the three arguments in turn and concludes that none gives us any compelling reason to abandon the metaphysics of things. At best, they are arguments against a kind of caricature substance metaphysics that ought never to have been in the running in any case. Then, at the end of the paper, it is suggested that there may be more positive arguments for insisting on retaining things in our metaphysics, arguments which, perhaps ironically (given the opposed standpoint ofEverything Flows) get their main impetus from the phenomenon of life. (shrink)

According to ‘regularity theories’ of causation, the obtaining of causal relations depends on no more than the obtaining of certain kinds of regularity. Regularity theorists are thus anti-realists about necessary connections in nature. Regularity theories of one form or another have constituted the dominant view in analytic Philosophy for a long time, but have recently come in for some robust criticism, notably from Galen Strawson. Strawson’s criticisms are natural criticisms to make, but have not so far provoked much response from (...) regularity theorists. The paper considers and rebuts Strawson’s objections. For example, Strawson claims that if there were no necessary connections in nature, we ought continually to find the regularity of the Universe surprising. I argue that the fact that the Universe is regular is something we take ourselves (fallibly) to know, and hence, in the light of this knowledge, its continued orderliness is not at all surprising. -/- . (shrink)

This paper argues, by attention to the category of sub-intentional agency, that many conceptions of the nature of agency are 'over-mentalised', in that they insist that an action proper must be produced by something like an intention or a reason or a desire. Sub-intentional actions provide counterexamples to such conceptions. Instead, it is argued, we should turn to the concept of a two-way power in order to home in on the essential characteristics of actions.

The paper considers whether psychiatric kinds can be natural kinds and concludes that they can. This depends, however, on a particular conception of ‘natural kind’. We briefly describe and reject two standard accounts – what we call the ‘stipulative account’ (according to which apparently a priori criteria, such as the possession of intrinsic essences, are laid down for natural kindhood) and the ‘Kripkean account’ (according to which the natural kinds are just those kinds that obey Kripkean semantics). We then rehearse (...) a more permissive account: Richard Boyd’s ‘homeostatic property cluster’ (HPC) account. We argue that psychiatric kinds can in principle count as natural kinds on the HPC account. Moreover, specific psychiatric kinds (Tourette’s, schizophrenia, etc.) can be natural kinds even if the category psychiatric disorder is not itself a natural kind. (shrink)

In her ‘Causality and Determination’, Anscombe argues for the strong thesis that despite centuries of philosophical assumption to the contrary, the supposition that causality and necessity have something essential to do with one another is baseless. In this paper, I assess Anscombe’s arguments and endorse her conclusion. I then attempt to argue that her arguments remain highly relevant today, despite the fact that most popular general views of causation today are firmly probabilistic in orientation and thus show no trace of (...) the assumptions Anscombe hoped to undermine. My suggestion is that Anscombe's interests in causality are distinct from those which mostly animate the modern debate about the general nature of causality and that in those specialized areas of philosophy in which those concerns still dominate, one can still see the effects of the fallacies and confusions to which she alerts us. I conclude by offering two possible complementary explanations of the tendency to suppose that causation is a variety of necessitation. (shrink)

According to common-sense morality, agents can become morally connected to the wrongdoing of others, such that they incur special obligations to prevent or rectify the wrongs committed by the primary wrongdoer. We argue that, under certain conditions, voluntary and unjustified observation of another agent’s degrading wrongdoing, or of the ‘product’ of their wrongdoing, can render an agent morally liable to bear costs for the sake of the victim of the primary wrong. We develop our account with particular reference to widespread (...) modern phenomena such as so-called ‘revenge porn’, ‘up-skirting’, and the online observation of sexual assault and murder. On our account, observation is not a sui generis basis of liability. Instead, observation grounds liability in virtue of manifesting three, more general, grounds of liability. First, observation can compound a primary wrong, making that wrong more harmful for the victim. Second, observation can constitute degrading treatment of the victim. Third, in certain cases observation can enable primary wrongdoing. We conclude by discussing the conditions under which observing degrading wrongs might be morally justified. (shrink)

This paper considers the analogies and disanalogies between a certain sort of argument designed to oppose scepticism about free will and a certain sort of argument designed to oppose scepticism about the external world. In the case of free will, I offer the ancient Lazy Argument and an argument of my own, which I call the Agency Argument, as examples of the relevant genre; and in the case of the external world, I consider Moore’s alleged proof of an external world. (...) I draw attention to analogies and disanalogies between the arguments offered in each case in order to suggest that although the Agency Argument shares with its Moorean relative the unfortunate property of being dialectically ineffective against some of those it is mainly hoping to convince, it will not be dialectically ineffective against all of them. It is also argued that the Agency Argument is less vulnerable than Moore’s proof to worries about its justificatory structure. (shrink)

Epistemic peer disagreement raises interesting questions, both in epistemology and in philosophy of science. When is it reasonable to defer to the opinion of others, and when should we hold fast to our original beliefs? What can we learn from the fact that an epistemic peer disagrees with us? A question that has received relatively little attention in these debates is the value of epistemic peer disagreement—can it help us to further epistemic goals, and, if so, how? We investigate this (...) through a recent case in paleoanthropology: the debate on the taxonomic status of Homo floresiensis remains unresolved, with some authors arguing the fossils represent a novel hominin species, and others claiming that they are Homo sapiens with congenital growth disorders. Our examination of this case in the recent history of science provides insights into the value of peer disagreement, indicating that it is especially valuable if one does not straightaway defer to a peer’s conclusions, but nevertheless remains open to a peer’s evidence and arguments. (shrink)

As the author of A Metaphysics for Freedom (Oxford: Oxford University Press, 2012), I respond to each of the preceding eight papers in this Special Issue.

Some philosophers argue that non-presentist A-theories problematically imply that we cannot know that this moment is present. The problem is usually presented as arising from the combination of the A-theoretic ideology of a privileged presentness and a non-presentist ontology. The goal of this essay is to show that the epistemic problem can be rephrased as a pessimistic induction. By doing so, I will show that the epistemic problem, in fact, stems from the A-theoretic ideology alone. Hence, once it is properly (...) presented, the epistemic problem presents a serious threat to all A-theories. (shrink)

Mục tiêu nghiên cứu của đề tài là xác định và đo lường các nhân tố ảnh hưởng đến quyết định sử dụng dịch vụ kế toán (DVKT) của các doanh nghiệp nhỏ và vừa (DNNVV) trên địa tỉnh Bà Rịa – Vũng Tàu. Nghiên cứu sử dụng kết hợp phương pháp định tính và định lượng. Kết quả nghiên cứu cho thấy, Quyết định sử dụng DVKT của các DNNVV trên địa bàn tỉnh Bà Rịa – Vũng Tàu chịu (...) tác động của 8 nhân tố được sắp xếp theo thứ tự giảm dần như sau: Chi phí dụng DVKT; Chất lượng DVKT; Sự kết nối; Uy tín; Sự giới thiệu; Trình độ chuyên môn; Lợi ích cảm nhận; Cơ sở vật chất. Từ đó, nhóm tác giả đề xuất các kiến nghị góp phần phát triển ngành DVKT và giúp cho các DNNVV có quyết định sử dụng DVKT đúng đắn và hiệu quả. (shrink)

This paper is my very first publication, please feel free to give me feedback and constructive criticism. I hope to be able to pitch into the discussion around the extension of mind and the philosophy of mind in general. It is my Bachelor's thesis, supervised and graded by a lecturer and assistant professor at the Munich Center for Mathematical Philosophy. Simply for their own privacy, I have censored their name from the publication. -/- Thank you for reading.

Quantities like mass and temperature are properties that come in degrees. And those degrees (e.g. 5 kg) are properties that are called the magnitudes of the quantities. Some philosophers (e.g., Byrne 2003; Byrne & Hilbert 2003; Schroer 2010) talk about magnitudes of phenomenal qualities as if some of our phenomenal qualities are quantities. The goal of this essay is to explore the anti-physicalist implication of this apparently innocent way of conceptualizing phenomenal quantities. I will first argue for a metaphysical thesis (...) about the nature of magnitudes based on Yablo’s proportionality requirement of causation. Then, I will show that, if some phenomenal qualities are indeed quantities, there can be no demonstrative concepts about some of our phenomenal feelings. That presents a significant restriction on the way physicalists can account for the epistemic gap between the phenomenal and the physical. I’ll illustrate the restriction by showing how that rules out a popular physicalist response to the Knowledge Argument. (shrink)

In a recent paper (Bird 2001), Alexander Bird argues that the law that common salt dissolves in water is metaphysically necessary - and he does so without presupposing dispositionalism about properties. If his argument were sound, it would thus show that at least one law of nature is meta- physically necessary, and it would do so without illicitly presupposing a position (dispositionalism) that is already committed to a necessitarian view of laws. I shall argue that Bird's argument is unsuccesful.

Biological sex should be “acknowledged” and “accepted”—but which responses to gender dysphoria might this preclude? Trans-identified people may factually acknowledge their biological sex and regard transition as purely palliative. While generally some level of self-deception and even a high level of nonlying deception of others are sometimes justified, biological sex is important, and there is a nontrivial onus against even palliative, nonsexually motivated cross-dressing. The onus is higher against co-opting the body, even in a minor and/or reversible way, to make (...) a false communication concerning one’s sex. Hardest to defend is the destruction of sexual–reproductive functions and causally downstream functions such as lactation: due to the transcendent nature of sexual–reproductive functions, an appeal to the “principle of totality” here is misplaced. This is not to say that social, and milder medical, transition is absolutely excluded even for severe unmanageable dysphoria, nor that subsequent to any transition, detransition is necessarily required. (shrink)

Singularists about causation often claim that we can have experiences as of causation. This paper argues that regularity theorists need not deny that claim; hence the possibility of causal experience is no objection to regularity theories of causation. The fact that, according to a regularity theorist, causal experience requires background theory does not provide grounds for denying that it is genuine experience. The regularity theorist need not even deny that non-inferential perceptual knowledge of causation is possible, despite the fact that (...) such knowledge would sometimes allow us to make inferences about what happens in far-off places and times. (shrink)

Hume's two definitions of causation have caused an extraordinary amount of controversy. The starting point for the controversy is the fact, well known to most philosophy undergraduates, that the two definitions aren't even extensionally equivalent, let alone semantically equivalent. So how can they both be definitions? One response to this problem has been to argue that Hume intends only the first as a genuine definition—an interpretation that delivers a straightforward regularity interpretation of Hume on causation. By many commentators' lights, however, (...) this is a bug rather than a feature: such an account of the two definitions leaves necessary connection out of Hume's story about the meaning of "cause" .. (shrink)

This chapter considers the ways in which whiteness as a skin color and ideology becomes a dominant level that sets the background against which all things, people and relations appear. Drawing on Merleau-Ponty's phenomenology, it takes up a series of films by Bruce Nauman and Marlon Riggs to consider ways in which this level is phenomenally challenged providing insights into the embodiment of racialization.

In a recent paper, Michael Huemer provides a new interpretation for ‘N’, the operator that occurs in Peter van Inwagen’s Consequence Argument, and argues that, given that interpretation, the Consequence Argument is sound. I have no quarrel with Huemer’s claim that the Consequence Argument is valid. I shall argue instead that his defense of its premises—a defense that allegedly involves refuting David Lewis’s response to van Inwagen—is unsuccessful.

This article takes up the idea of language as a home and dwelling, and reconsiders what this might mean in the context of diasporic bilingualism – where as a ‘heritage speaker’ of a minority language, the ‘mother tongue’ may be experienced as both deeply familiar yet also alien or alienating. Drawing on a range of philosophical and literary accounts (Cassin, Arendt, Anzaldúa, Vuong, among others), this article explores how the so-called ‘mother tongue’ is experienced by heritage speakers in an English-dominant (...) world. From navigating one’s being in-between language-worlds, to the experience of language loss and efforts of reconnection, I argue that bilingual dwelling involves many complex layers often overlooked by philosophical accounts of language that do not attend to the lived world of the migrant and racialised outsider. By turning to the example of bilingual parenting, I then examine how such an undertaking, while labour-intensive, offers opportunities to refresh and co-create language-worlds anew. (shrink)

The term “value of life” can refer to life’s intrinsic dignity: something nonincremental and time-unaffected in contrast to the fluctuating, incremental “value” of our lives, as they are longer or shorter and more or less flourishing. Human beings are equal in their basic moral importance: the moral indignities we condemn in the treatment of e.g. those with dementia reflect the ongoing human dignity that is being violated. Indignities licensed by the person in advance remain indignities, as when people might volunteer (...) their living, unconscious bodies for surrogacy or training in amputation techniques. Respect for someone’s dignity is significantly impacted by a failure to value that person’s very existence, whatever genuine respect and good will is shown by wanting the person’s life to go well. Valuing and respecting life is not, however, vitalism: there can be good and compelling reasons for eschewing some means of prolonging life. (shrink)

This paper explores the ethical insights provided by Anne Truitt's minimalist sculptures, as viewed through the phenomenological lenses of Hannah Arendt's investigations into the co-constitution of reality and Maurice Merleau-Ponty's investigations into perception. Artworks in their material presence can lay out new ways of relating and perceiving. Truitt's works accomplish this task by revealing the interactive motion of our embodied relations and how material objects can actually help to ground our reality and hence human potentiality. Merleau-Ponty shows how our prereflective (...) bodies allow incompossible perceptions to coexist. Yet this same capacity of bodies to gather multiple perceptions together also lends itself to the illusion that we see from only one perspective. If an ethical perspective becomes reified into one position, it then becomes detached from reality, and the ethical potential is actually lost. At the same time, phenomenologically understood, the real world does not exist in terms of static matter, but is instead a web of contextual relations and meanings. An ethics that does not take embodied relations into account—that allows for only one perspective—ultimately loses its capacity for flexibility, and for being part of a common and shared reality. (shrink)

Phenomenally strong artworks have the potential to anchor us in reality and to cultivate our perception. For the most part, we barely notice the world around us, as we are too often elsewhere, texting, coordinating schedules, planning ahead, navigating what needs to be done. This is the level of our age that shapes the ways we encounter things and others. In such a world it is no wonder we no longer trust our senses. But as feminists have long argued, thinking (...) grounded in embodied experience can be more open to difference; such embodied thinking helps us to resist the colonization of a singular, only seemingly neutral, perspective that closes down living potentialities. (shrink)

Ideomotor actions are behaviours that are unconsciously initiated and express a thought rather than a response to a sensory stimulus. The question examined here is whether ideomotor actions can also express nonconscious knowledge. We investigated this via the use of implicit long-term semantic memory, which is not available to conscious recall. We compared accuracy of answers to yes/no questions using both volitional report and ideomotor response . Results show that when participants believed they knew the answer, responses in the two (...) modalities were similar. But when they believed they were guessing, accuracy was at chance for volitional report , but significantly higher for Ouija response . These results indicate that implicit semantic memory can be expressed through ideomotor actions. They also suggest that this approach can provide an interesting new methodology for studying implicit processes in cognition. (shrink)

Is the “act itself” of separating a pregnant woman and her previable child neither good nor bad morally, considered in the abstract? Recently, Maureen Condic and Donna Harrison have argued that such separation is justified to protect the mother’s life and that it does not constitute an abortion as the aim is not to kill the child. In our article on maternal–fetal conflicts, we agree there need be no such aim to kill (supplementing aims such as to remove). However, we (...) argue that to understand “abortion” as performed only where the death of the child is intended is to define the term too narrowly. Respect for the mother, the fetus, and the bond between them goes well beyond avoiding any such aim. We distinguish between legitimate maternal treatments simply aimed at treating or removing a damaged part of the woman and illegitimate treatments that focus harmfully on the fetal body and its presence within the mother’s body. In obstetrics as elsewhere, not all side effects for one subject of intervention can be outweighed by intended benefits for another. Certain side effects of certain intended interventions are morally conclusive. (shrink)

Intellectual historians have rarely attended to the genre of fighting manuals, but these provide a new window on long-debated questions such as the relationship between Scholasticism and Humanism. This article offers a close comparison of the first known fencing manual, the 14-th century Liber de Arte Dimicatoria (Leeds, Royal Armouries FECHT 1, previously and better known as MS I.33), and the corpus of fighting manuals which underwent a remarkable expansion during the 15th and 16th centuries. While the former clearly shows (...) its origins in a scholastic background, the latter is mainly viewed as reflecting its humanist context. To this historiographical division corresponds a linguistic one: MS I.33 is a Latin text, while the rest of the corpus is mainly written in German and Italian. However, exceptions arise, amongst which, Heinrich von Gunterrodt’s Sciomachia et Hoplomachia: sive de Veris Principiis Artis Dimicatoriae (1579), the first text which explicitly refers to I.33. This article will compare these two texts, in order to interrogate their common relation to Scholasticism, namely the traditional frame of the knowledge within the medieval and early modern universities. The intent is to show that (at least some) Renaissance fight books include references to Scholasticism and to provide a better qualification of the nature of such references. The general hypothesis is that a large part of the texts―and products of culture―of the Renaissance that have been read, until recently, exclusively in relation to a humanist intellectual background can valuably be interpreted in the context of a Scholasticism that is still vivid during the period in question. (shrink)

Intuitively, the future is open and the past fixed: there is something we can do about the future but not the past. Some metaphysicians believe that a proper metaphysics of time must vindicate this intuition. Whereas philosophers have focused on the future and the past, the status of the present remains relatively unexplored. Drawing on resources from action theory, I argue that there is something we can do about the present just like there is something we can do about the (...) future. Hence, a proper metaphysics of the open future should allow for an open present as well. I argue that none of the major metaphysics of the open future currently available can accommodate an open present adequately. Finally, I’ll show that, surprisingly, the shrinking block metaphysics can. (shrink)

Imagination is a source of evidence for objective modality. It is through this epistemic connection that the idea of modality first gains traction in our intellectual life. A proper theory of modality should be able to explain our imagination’s modal epistemic behaviors. This chapter highlights a peculiar asymmetry regarding epistemic defeat for imagination-based modal justification. Whereas imagination-based evidence for possibility cannot be undermined by information about the causal origin of our imaginings, unimaginability-based evidence for impossibility can be undermined by information (...) about the causal origin of the unimaginability. It is argued that an acceptance of S4 over S5 as the true logic for objective modality best explains this epistemic asymmetry. (shrink)

It is a truism that there are erroneous convictions in criminal trials. Recent legal findings show that 3.3% to 5%of all convictions in capital rape-murder cases in the U.S. in the 1980s were erroneous convictions. Given this fact, what normative conclusions can be drawn? First, the article argues that a moderately revised version of Scanlon’ s contractualism offers an attractive moral vision that is different from utilitarianism or other consequentialist theories, or from purely deontological theories. It then brings this version (...) of Scanlonian contractualism to bear on the question of whether the death penalty, life imprisonment, long sentences, or shorter sentences can be justified, given that there is a non-negligible rate of erroneous conviction. Contractualism holds that a permissible act must be justifiable to everyone affected by it. Yet, given the non-negligible rate of erroneous conviction, it is unjustifiable to mete out the death penalty, because such a punishment is not justifiable to innocent murder convicts. It is further argued that life imprisonment will probably not be justified (unless lowering the sentence to a long sentence will drastically increase the murder rate). However, whether this line of argument could be further extended would depend on the impact of lowering sentences on communal security. (shrink)

Howard’s moral fortification theory of criminal punishment lends itself to justifying correction for children in schools that is supportive. There are good reasons to include other students in the learning opportunity occasioned by doing right in response to wrong, which need not exploit the wrongdoing student as a mere means. Care ethics can facilitate restorative and problem-solving approaches to correction. However, there are overriding reasons against doing so when this stigmatises the wrongdoing student, since this inhibits their learning. Responses that (...) avoidably stigmatise students impermissibly undermine both the developmental ethos of education, and students’ recognition and respect for each other as equals. (shrink)