This is a review of a book which in today's COVID 19 world takes up issues which could have been neglected as meant only for scholars when this book was published. Now with homeschooling and social distancing and race relations going for a toss all over the world; we need to relook virtue and how to cultivate that in our lives and in our children. This review looks at the philosophical, theological and psychological qualia of virtue. For instance, this reviewer (...) connects the virtue-problem with linguistic qualia. In the process he discusses the psychologist Darcia Narvaez. Humanities has no future unless we fend off the rise of the inhuman in the form of social distancing and contactless delivery with the study of virtue. Thus, this is deposited here. (shrink)

Unlike its moral and intellectual counterparts, the virtue of aesthetic humility has been widely neglected. In order to begin filling in this gap, I argue that Kant’s aesthetics is a promising resource for developing a model of aesthetic humility. Initially, however, this may seem like an unpromising starting point as Kant’s aesthetics might appear to promote aesthetic arrogance instead. In spite of this prima facie worry, I claim that Kant’s aesthetics provides an illuminating model of aesthetic humility that sheds light (...) not only on the self- and other-directed attitudes it involves, but also on how aesthetic humility can serve as a corrective to the vices of aesthetic arrogance and aesthetic servility. In addition to revealing the ways in which Kant’s aesthetics prizes humility rather than arrogance, I aim to show that the Kantian model of aesthetic humility can enrich our understanding of humility more generally and contribute to the on-going effort in aesthetics to analyse specific aesthetic virtues and vices. (shrink)

Although significant differences undoubtedly exist between Daoism and Kant’s philosophy, the two systems also have some noteworthy similarities. After calling attention to a few such parallels and sketching the outlines of Kant’s philosophy of religion, this article focuses on an often-neglected feature of the latter: the four guiding principles of what Kant calls an “invisible church”. Numerous passages from Lao Zi’s classic text, Dao-De-Jing, seem to uphold these same principles, thus suggesting that they can also be interpreted as core features (...) of a Daoist philosophy of life. A crucial difference, however, is that members of a Daoist church would focus on contentment, whereas Kantian churches modeled on Christianity would strive for perfection. The article therefore concludes by considering what a synthesis might look like, if a Kantian church were to be based on a Daoist interpretation of these four fundamental principles. (shrink)

For Kant, knowledge involves certainty. If “certainty” requires that the grounds for a given propositional attitude guarantee its truth, then this is an infallibilist view of epistemic justification. Such a view says you can’t have epistemic justification for an attitude unless the attitude is also true. Here I want to defend an alternative fallibilist interpretation. Even if a subject has grounds that would be sufficient for knowledge if the proposition were true, the proposition might not be true. And so there (...) is sometimes still rational room for doubt. The goal of this paper is to present four different models of what “certainty” amounts to, for Kant, each of which is compatible with fallibilism. (shrink)

An important aspect of moral expertise is moral sensitivity, which is the ability to be sensitive to the presence of morally salient features in a context. This requires being able to see and acquire the morally relevant information, as well as organise and interpret it, so that you can undertake the related work of moral judgement, focus (or motivation) and action. As a distinct but interrelated component of ethical expertise, moral sensitivity can and must be trained and educated. However, despite (...) its importance to moral education, there has been comparatively little discussion about the role of ethical sensitivity and the ways that it can be trained within the context of Kant’s, and Kantian, ethics. This paper seeks to address this gap. While Kant does not explicitly focus in detail on moral sensitivity, by breaking sensitivity down into seven distinct aspects through drawing on the Four Component Model, we are able to identify a wealth of resources in Kant’s work from which we can con- struct an account of moral sensitivity education that draws on his underlying moral theory. (shrink)

This paper discusses the philosophical issues pertaining to Kantian moral agency and artificial intelligence. Here, our objective is to offer a comprehensive analysis of Kantian ethics to elucidate the non-feasibility of Kantian machines. Meanwhile, the possibility of Kantian machines seems to contend with the genuine human Kantian agency. We argue that in machine morality, ‘duty’ should be performed with ‘freedom of will’ and ‘happiness’ because Kant narrated the human tendency of evaluating our ‘natural necessity’ through (...) ‘happiness’ as the end. Lastly, we argue that the Kantian ‘freedom of will’ and ‘faculty of choice’ do not belong to any deterministic model of ‘agency’ as these are sacrosanct systems. The conclusion narrates the non-feasibility of Kantian AI agents from the genuine Kantian ethical outset, offering a utility-based Kantian ethical performer instead. (shrink)

Moral anxiety is the unease that we experience in the face of a novel or difficult moral decision, an unease that helps us recognize the significance of the issue we face and engages epistemic behaviors aimed at helping us work through it (reflection, information gathering, etc.). But recent discussions in philosophy raise questions about the value of moral anxiety (do we really do better when we’re anxious?); and work in cognitive science challenges its psychological plausibility (is there really such an (...) emotion?). Drawing on Kant and Kantians, I develop a model of moral anxiety (or ‘conscience’ in Kant’s terminology) that highlights both its empirical credentials and its distinctive value. Kant, it turns out, was an early—and sophisticated—dual-process theorist. (shrink)

This article focuses on justified responses to “immoral” behavior and crimes committed by patients undergoing neuromodulation therapies. Such patients could be held morally responsible in the basic desert sense—the one that serves as a justification of severe practices such as backward‐looking moral outrage, condemnation, and legal punishment—as long as they possess certain compatibilist capabilities that have traditionally served as the quintessence of free will, that is, reasons‐responsiveness; attributability; answerability; the abilities to act in accordance with moral reasons, second‐order volitions, (...) or Deep Self. Recently leading compatibilist neuroethicists added the condition of not feeling alienated from desires motivating a person's action. This article argues against such attempts to determine conditions under which patients undergoing neuromodulation should be subject to negative reactive attitudes and legal punishment. Compatibilism should not be used to justify basic desert moral responsibility and legal punishment. Instead, a new way of thinking about the function of moral responsibility attribution is proposed for patients with neuromodulation. Their compatibilist capabilities should serve as important indicators for determining appropriate, forward‐looking courses of action, such as quarantining and restorative treatment, to ensure the public safety and well‐being of the patients. (shrink)

As philosophical and scientific arguments for free will skepticism continue to gain traction, we are likely to see a fundamental shift in the way people think about free will and moral responsibility. Such shifts raise important practical and existential concerns: What if we came to disbelieve in free will? What would this mean for our interpersonal relationships, society, morality, meaning, and the law? What would it do to our standing as human beings? Would it cause nihilism and despair as some (...) maintain or would it rather have a humanizing effect on our practices and policies, freeing us from the negative effects of belief in free will? In this chapter we consider the practical implications of free will skepticism and argue that life without free will and basic desert moral responsibility would not be as destructive as many people believe. We argue that prospects of finding meaning in life or of sustaining good interpersonal relationships, for example, would not be threatened. On treatment of criminals, we argue that although retributivism and severe punishment, such as the death penalty, would be ruled out, preventive detention and rehabilitation programs would still be justified. While we will touch on all these issues below, our focus will be primarily on this last issue. -/- We begin in section I by considering two different routes to free will skepticism. The first denies the causal efficacy of the types of willing required for free will and receives its contemporary impetus from pioneering work in neuroscience by Benjamin Libet, Daniel Wegner, and John-Dylan Haynes. The second, which is more common in the philosophical literature, does not deny the causal efficacy of the will but instead claims that whether this causal efficacy is deterministic or indeterministic, it does not achieve the level of control to count as free will by the standards of the historical debate. We argue that while there are compelling objections to the first route—e.g., Al Mele (2009), Eddy Nahmias (2002, 2011), and Neil Levy (2005)—the second route to free will skepticism remains intact. In section II we argue that free will skepticism allows for a workable morality, and, rather than negatively impacting our personal relationships and meaning in life, may well improve our well-being and our relationships to others since it would tend to eradicate an often destructive form of moral anger. In section III we argue that free will skepticism allows for adequate ways of responding to criminal behavior—in particular, incapacitation, rehabilitation, and alternation of relevant social conditions—and that these methods are both morally justified and sufficient for good social policy. We present and defend our own preferred model for dealing with dangerous criminals, an incapacitation account built on the right to self-protection analogous to the justification for quarantine (see Pereboom 2001, 2013, 2014a; Caruso 2016a), and we respond to recent objections to it by Michael Corrado and John Lemos. (shrink)

Background Men with antisocial personality disorder show lifelong abnormalities in adaptive decision making guided by the weighing up of reward and punishment information. Among men with antisocial personality disorder, modifi cation of the behaviour of those with additional diagnoses of psychopathy seems particularly resistant to punishment. Methods We did a case-control functional MRI (fMRI) study in 50 men, of whom 12 were violent off enders with antisocial personality disorder and psychopathy, 20 were violent off enders with antisocial personality (...) disorder but not psychopathy, and 18 were healthy non-off enders. We used fMRI to measure brain activation associated with the representation of punishment or reward information during an event-related probabilistic response-reversal task, assessed with standard general linear-model-based analysis. Findings Offenders with antisocial personality disorder and psychopathy displayed discrete regions of increased activation in the posterior cingulate cortex and anterior insula in response to punished errors during the task reversal phase, and decreased activation to all correct rewarded responses in the superior temporal cortex. This finding was in contrast to results for off enders without psychopathy and healthy non-off enders. Interpretation Punishment prediction error signalling in off enders with antisocial personality disorder and psychopathy was highly atypical. This finding challenges the widely held view that such men are simply characterised by diminished neural sensitivity to punishment. Instead, this fi nding indicates altered organisation of the information processing system responsible for reinforcement learning and appropriate decision making. This difference between violent offenders with antisocial personality disorder with and without psychopathy has implications for the causes of these disorders and for treatment approaches. (shrink)

This chapter examines how advances in nanotechnology might impact criminal sentencing. While many scholars have considered the ethical implications of emerging technologies, such as nanotechnology, few have considered their potential impact on crucial institutions such as our criminal justice system. Specifically, I will discuss the implications of two types of technological advances for criminal sentencing: advanced tracking devices enabled by nanotechnology, and nano-neuroscience, including neural implants. The key justifications for criminal punishment- including incapacitation, deterrence, rehabilitation, and retribution – apply (...) very differently to criminal sentences using these emerging technologies than they do to imprisonment. Further, use of these technologies would represent a shift away from retribution as the primary justification for criminal punishment. In addition, the possibility of nano-neural implants entails a new model of rehabilitation: namely, involuntary rehabilitation aimed at changing an offender’s character, rather than his environment. (shrink)

I offer a Kantian argument for the idea that the state lacks the authority to punish neglected, impoverished citizens when they commit crimes to cope with that neglect. Given Kant’s own commitments to the value of external freedom and the state’s obligation to ensure it in Doctrine of Right, there is no reason a Kantian state can claim authority to punish an impoverished citizen while also failing in significant ways to protect her external freedom.

On the moral model of addiction, addicts are morally responsible and blameworthy for their addictive behaviours. The model is sometimes resisted on the grounds that blaming addicts is incompatible with treating addiction in a compassionate and non-punitive way. I argue the moral model is consistent with addressing addiction compassionately and non-punitively and better accounts for both the role of addicts’ agency in the recovery process. If an addict is responsible for their addictive behaviours, and that behaviour is in some way (...) bad or wrong, then that addict is blameworthy. If not, then they are not. But, if their addictive behaviour or behaviour which contributes to and perpetuates their condition of addiction, is not bad or wrong, then addiction is not an issue of moral concern. Addicts are blameworthy, but attributions of blame need not be followed by harsh treatment or punishment. Because blame and harsh treatment or punishment can be separated, there is no good reason to reject the moral model of addiction. (shrink)

In this article I spell out a conception of dignity grounded in African moral thinking that provides a plausible philosophical foundation for human rights, focusing on the particular human right not to be executed by the state. I first demonstrate that the South African Constitutional Court’s sub-Saharan explanations of why the death penalty is degrading all counterintuitively entail that using deadly force against aggressors is degrading as well. Then, I draw on one major strand of Afro-communitarian thought to develop a (...) novel conception of dignity as the view that what is special and inviolable about human nature is our capacity for harmonious relationships. I argue that a principle of respect for the dignity of such a capacity entails that the death penalty is an indignity but that deadly force in self- or other-defense need not be, and I contend that this African- inspired principle promises to do no worse than the more Western, Kantian principle of respect for autonomy at accounting for a broad range of human rights. (shrink)

Within the United States, the most prominent justification for criminal punishment is retributivism. This retributivist justification for punishment maintains that punishment of a wrongdoer is justified for the reason that she deserves something bad to happen to her just because she has knowingly done wrong—this could include pain, deprivation, or death. For the retributivist, it is the basic desert attached to the criminal’s immoral action alone that provides the justification for punishment. This means that the retributivist (...) position is not reducible to consequentialist considerations nor in justifying punishment does it appeal to wider goods such as the safety of society or the moral improvement of those being punished. A number of sentencing guidelines in the U.S. have adopted desert as their distributive principle, and it is increasingly given deference in the “purposes” section of state criminal codes, where it can be the guiding principle in the interpretation and application of the code’s provisions. Indeed, the American Law Institute recently revised the Model Penal Code so as to set desert as the official dominate principle for sentencing. And courts have identified desert as the guiding principle in a variety of contexts, as with the Supreme Court’s enthroning retributivism as the “primary justification for the death penalty.” While retributivism provides one of the main sources of justification for punishment within the criminal justice system, there are good philosophical and practical reasons for rejecting it. One such reason is that it is unclear that agents truly deserve to suffer for the wrongs they have done in the sense required by retributivism. In the first section, I explore the retributivist justification of punishment and explain why it is inconsistent with free will skepticism. In the second section, I then argue that even if one is not convinced by the arguments for free will skepticism, there remains a strong epistemic argument against causing harm on retributivist grounds that undermines both libertarian and compatibilist attempts to justify it. I maintain that this argument provides sufficient reason for rejecting the retributive justification of criminal punishment. I conclude in the third section by briefly sketching my public health-quarantine model, a non-retributive alternative for addressing criminal behavior that draws on the public health framework and prioritizes prevention and social justice. I argue that the model is not only consistent with free will skepticism and the epistemic argument against retributivism, it also provides the most justified, humane, and effective way of dealing with criminal behavior. (shrink)

I argue that the evolutionary history of anger has substantive implications for normative ethics. In the process, I develop an evolutionary account of anger and its influence on action. First, I consider a prominent argument by Peter Singer and Joshua Greene. They conclude that evolutionary explanations of human cooperation debunk – or undercut the evidential value of – the moral intuitions supporting duty ethics (as opposed to utilitarian or consequentialist ethics). With this argument they aim to defend consequentialist theories. However, (...) their argument also threatens to debunk intuitions that support consequentialist theories. I give a novel argument that overcomes this difficulty. Specifically, I offer an evolutionary story about anger that can explain retributive, duty-oriented intuitions concerning punishment. This explanation debunks these intuitions (and not others) by showing that they were selected for their biological consequences rather than their accuracy (concerning duties to punish). I develop this explanation by raising and resolving three additional problems. First, prominent evolutionary explanations of retributive motives fail because they appeal to models that apply only to organisms with strategic insight. To mitigate this problem, I explain the existence of a retributive-like motive in rodents by appealing to an economic model of resource competition, which applies to organisms without strategic insight. Second, I show that human anger was shaped by resource competition of this kind. To do so, I develop evidential criteria to determine when psychological systems in different species share common evolutionary origins. I deploy these criteria to argue that human anger and the retributive motive in rodents derive from the same ancestral trait. Finally, the continuity of anger across human and nonhuman animals stands in tension with the idea that anger causes purposive behavior like retribution or retaliation. I argue that differences between the angry behaviors of human and nonhuman animals are differences in degree and not in kind. In the end, this evolutionary story both explains and undermines retributive intuitions, but not in the straightforward way that Singer and Greene suppose. (shrink)

Recent years have seen a surge of interest in the question of whether humans should reproduce. Some say human life is too punishing and cruel to impose upon an innocent. Others hold that such harms do not undermine the great and possibly unique value of human life. Tracing these outlooks historically in the debate has barely begun. What might philosophers have said, or what did they say, about human life itself and its value to merit reproduction? This article looks to (...) Kant, who wrote much on whether, by reproducing, humans do wrong or right morally. It assesses two main arguments: one examining whether perfect or imperfect duties condone reproduction, the other whether Kant’s teleological or, in the opposite sense, his eschatological outlooks can salvage reproduction. These two arguments are essential for building the entire argument. This article finds that, although Kant’s arguments against reproducing are strong, some of his writing seems to support reproduction as a good. Yet, must we must assume an author, even one who strove for systematicity, must be consistent over his entire oeuvre on every issue, especially if not handled directly in a single work? The article concludes that Kant does not sufficiently, systematically support anti-natalism as more moral than pro-natalism. It is best for the current debate to grapple with the very dilemma that daunted Kant. (shrink)

One of the most frequently voiced criticisms of free will skepticism is that it is unable to adequately deal with criminal behavior and that the responses it would permit as justified are insufficient for acceptable social policy. This concern is fueled by two factors. The first is that one of the most prominent justifications for punishing criminals, retributivism, is incompatible with free will skepticism. The second concern is that alternative justifications that are not ruled out by the skeptical view per (...) se face significant independent moral objections (Pereboom 2014: 153). Despite these concerns, I maintain that free will skepticism leaves intact other ways to respond to criminal behavior—in particular incapacitation, rehabilitation, and alteration of relevant social conditions—and that these methods are both morally justifiable and sufficient for good social policy. The position I defend is similar to Derk Pereboom’s (2001, 2013, 2014), taking as its starting point his quarantine analogy, but it sets out to develop the quarantine model within a broader justificatory framework drawn from public health ethics. The resulting model—which I call the public health-quarantine model (Caruso 2016, 2017a)—provides a framework for justifying quarantine and criminal sanctions that is more humane than retributivism and preferable to other non-retributive alternatives. It also provides a broader approach to criminal behavior than Pereboom’s quarantine analogy does on its own since it prioritizes prevention and social justice. -/- In Section 1, I begin by (very) briefly summarizing my arguments against free will and basic desert moral responsibility. In Section 2, I then introduce and defend my public health-quarantine model, which is a non-retributive alternative to criminal punishment that prioritizes prevention and social justice. In Sections 3 and 4, I take up and respond to two general objections to the public health-quarantine model. Since objections by Michael Corrado (2016), John Lemos (2016), Saul Smilanksy (2011, 2017), and Victor Tadros (2017) have been addressed in detail elsewhere (see Pereboom 2017a; Pereboom and Caruso 2018), I will here focus on objections that have not yet been addressed. In particular, I will respond to concerns about proportionality, human dignity, and victims’ rights. I will argue that each of these concerns can be met and that in the end the public health-quarantine model offers a superior alternative to retributive punishment and other non-retributive accounts. (shrink)

Models are the coin of the realm in current philosophy of science, as they are in science itself, having replaced laws and theories as the primary strategy. Logical Positivism tried to erase the older neo-Kantian distinction between ideal constructions and reality. It returns in the case of models. Nowak’s concept of idealization pro- vided an alternative account of this issue. It construed model application as concretizations of hypotheses which improve by accounting for exceptions. This appears to account (...) for physical law. But it raises the problem of uniqueness: is the result unique, as physical law should be? Neo-Kantianism failed this test. Its solutions were circular justifications for claims of uniqueness. Nowak inherited the problem without resolving it. (shrink)

In most of the introductions to Rawls and contemporary contractarianism, Rawls is seen as the representative of Kantian contractarianism. He is understood as inheriting a contractarian tradition that can be traced back to Kant and which has inspired followers such as Barry and Scanlon. This paper argues that the label does not fit Rawls. While a Kantian contractarian would presuppose a monistic conception of practical reason, Rawls is a hybrid contractarian who presupposes a dual conception. I shall first (...) argue that the way in which a contractarian model is labeled is determined by its conception of practical reason. Then I show that Rawls and Kantian contractarians assume different conceptions of practical reason, and therefore should be seen as belonging to two strands of thought. I further argue that, although Rawls acknowledges his intellectual affiliation with Kant, he cannot be considered a Kantian contractarian in the commonly understood way. In his Lectures on the History of Moral Philosophy, Rawls interprets Kant as endorsing a hybrid contractarian model that is similar to his. By understanding Rawls as a hybrid contractarian and not confusing his philosophical project with that of Kantian contractarians, Rawls’s contribution to the history of contractarianism can be better evaluated. (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)

Acts of violence and murder have historically proved difficult to accommodate in standard accounts of the formula of universal law (FUL) version of Kant’s Categorical Imperative (CI). In “Murder and Mayhem,” Barbara Herman offers a distinctive account of the status of these acts that is intended to be appropriately didactic in comparison to accounts like the practical contradiction model. I argue that while Herman’s account is a promising one, the distinction she makes between coercive and non-coercive violence and her response (...) to concerns with the classification of the latter as imperfect duties raise significant questions about the status of some duties. I suggest that we look, instead, to Kant’s treatment of suicide in The Metaphysics of Morals for an account of norms of non-violence and, in particular, to the connection between this duty and concerns with inner freedom and moral health. I argue that we can use this account to inform our general understanding of duties prohibiting killing and violence, and that the resulting account is a promising one. (shrink)

This article reviews an epochal change in international thinking about physical punishment of children from being a reasonable method of chastisement to one that is harmful to children and troubling to families. In addition, the article suggests shifts in thinking about physical punishment were originally pioneered as part and parcel of the dismantling of national laws granting fathers’ specific rights to admonish children under conventions of patria potestas. A comparative historical framework of analysis involving two case studies of (...) Ireland and Ghana illustrates non-unilinear pathways of international convergence towards the prohibition of physical punishment. The comparative historical analysis highlights the 1930s and 1940s as an era when Ireland began to reject patria potestas and religious or judicial rulings which allowed for children to be given ‘a good beating’ in family and school settings. However, from the same period, Ghana is seen to experience Christian remonstrations not to ‘spare the rod’ leading to the ‘conventional’ tradition of ‘this is how we do it here’. Two case studies serve to illustrate that banning physical punishment was less controversial in Ireland where allied traditions of patria potestas and disciplinarian Christian beliefs had lost their moral hegemony than in Ghana where such beliefs still held influence. The article concludes overall that normative campaigns against physical punishment of children emanate from a coherent paradigm of family policy where childcare, education, and well-being of children are embedded as everyday societal responsibilities rather than privatised or patriarchal familial obligations. The coherent model offers an alternative moral hegemony to neo-liberal and Janus-faced conceptualisations of good or ‘intact’ families versus ‘broken’ or ‘troubled’ families. (shrink)

The Marburg neo-Kantians argue that Hermann von Helmholtz's empiricist account of the a priori does not account for certain knowledge, since it is based on a psychological phenomenon, trust in the regularities of nature. They argue that Helmholtz's account raises the 'problem of validity' (Gueltigkeitsproblem): how to establish a warranted claim that observed regularities are based on actual relations. I reconstruct Heinrich Hertz's and Ludwig Wittgenstein's Bild theoretic answer to the problem of validity: that scientists and philosophers can depict the (...) necessary a priori constraints on states of affairs in a given system, and can establish whether these relations are actual relations in nature. The analysis of necessity within a system is a lasting contribution of the Bild theory. However, Hertz and Wittgenstein argue that the logical and mathematical sentences of a Bild are rules, tools for constructing relations, and the rules themselves are meaningless outside the theory. Carnap revises the argument for validity by attempting to give semantic rules for translation between frameworks. Russell and Quine object that pragmatics better accounts for the role of a priori reasoning in translating between frameworks. The conclusion of the tale, then, is a partial vindication of Helmholtz's original account. (shrink)

It is sometimes claimed that forgiveness involves the cancellation of a moral debt. This way of speaking about forgiveness exploits an analogy between moral forgiveness and economic debt-cancellation. Call the view that moral forgiveness is like economic debt-cancellation the Economic Model of Forgiveness. In this article I articulate and motivate the model, defend it against some recent objections, and pose a new puzzle for this way of thinking about forgiveness.

Recent years have seen the rise of ‘Just Culture’ as an ideal in the patient safety movement, with numerous hospitals and professional organisations adopting a Just Culture response to incidents ranging from non-culpable human error to intentional misconduct. This paper argues that there is a deep problem with the Just Culture model, resulting from its impoverished understanding of the value of punitive, fundamentally backward-looking, practices of holding people accountable. I show that the kind of ‘accountability’ and ‘punishment’ contemporary Just (...) Culture advocates endorse disrespects both patients and providers. I claim, first, that punishment is good because it respects participants in the healthcare system by restoring an equilibrium of social and moral status that wrongdoing disturbs, and, second, that it only does so when it communicates a backward-looking message of resentful blame. (shrink)

This paper provides a Kantian interpretation of core issues involved in the trial following the terrorist attacks that struck Norway on July 22nd 2011. After a sketch of the controversies surrounding the trial itself, a Kantian theory of why the wrongdoer’s mind struck us as so endlessly disturbed is presented. This Kantian theory, I proceed by arguing, also helps us understand why it was so important to respond to the violence through the legal system and to treat (...) the perpetrator, Anders Behring Breivik, so respectfully before, during, and after the trial. I close by addressing the controversial issue now facing Norway: how capable is the Norwegian legal system to deal with cases involving extreme violence, including as committed by psychologically impaired mass murderers? (shrink)

One of the most frequently voiced criticisms of free will skepticism is that it is unable to adequately deal with criminal behavior and that the responses it would permit as justified are insufficient for acceptable social policy. This concern is fueled by two factors. The first is that one of the most prominent justifications for punishing criminals, retributivism, is incompatible with free will skepticism. The second concern is that alternative justifications that are not ruled out by the skeptical view per (...) se face significant independent moral objections. Yet despite these concerns, I maintain that free will skepticism leaves intact other ways to respond to criminal behavior—in particular preventive detention, rehabilitation, and alteration of relevant social conditions—and that these methods are both morally justifiable and sufficient for good social policy. The position I defend is similar to Derk Pereboom’s, taking as its starting point his quarantine analogy, but it sets out to develop the quarantine model within a broader justificatory framework drawn from public health ethics. The resulting model—which I call the public health -quarantine model—provides a framework for justifying quarantine and criminal sanctions that is more humane than retributivism and preferable to other non-retributive alternatives. It also provides a broader approach to criminal behavior than Pereboom’s quarantine analogy does on its own. (shrink)

The physiologist Johannes Müller’s doctrine of specific nerve energies had a decisive influence on neo-Kantian conceptions of the objectivity of knowledge in the 1850s - 1870s. In the first half of the nineteenth century, Müller amassed a body of experimental evidence to support his doctrine, according to which the character of our sensations is determined by the structures of our own sensory nerves, and not by the external objects that cause the sensations. Neo-Kantians such as Hermann von Helmholtz, F.A. (...) Lange, and Otto Liebmann took Müller’s doctrine to have far-reaching consequences for their epistemologies. Over the course of the 1850s - 1870s, these three neo-Kantians, each in his own way, argued that reflection on Müller’s doctrine ruled out a certain conception of the objectivity of knowledge. It ruled out the view that knowledge is objective in virtue of affording us information about objects in a mind-independent external world. -/- This paper traces how Helmholtz, Lange, and Liebmann developed their arguments for this view, and how each developed his own alternative conception of objectivity, according to which objectivity has nothing to do with a mind-independent world. Finally, the paper concludes by considering why these arguments modelled on Müller’s doctrine would have been so powerful against rival post-Hegelian conceptions of objectivity, especially those of scientific materialists like Ludwig Büchner. (shrink)

Adrian Piper argues that the Humean conception can be made to work only if it is placed in the context of a wider and genuinely universal conception of the self, whose origins are to be found in Kant’s Critique of Pure Reason. This conception comprises the basic canons of classical logic, which provide both a model of motivation and a model of rationality. These supply necessary conditions both for the coherence and integrity of the self and also for unified agency. (...) The Kantian conception solves certain intractable problems in decision theory by integrating it into classical predicate logic, and provides answers to longstanding controversies in metaethics concerning moral motivation, rational final ends, and moral justification that the Humean conception engenders. In addition, it sheds light on certain kinds of moral behavior – for example, the whistleblower – that the Humean conception is at a loss to explain. (shrink)

Radical constructivists appeal to self-legislation in arguing that rational agents are the ultimate sources of normative authority over themselves. I chart the roots of radical constructivism and argue that its two leading Kantian proponents are unable to defend an account of self-legislation as the fundamental source of practical normativity without this legislation collapsing into a fatal arbitrariness. Christine Korsgaard cannot adequately justify the critical resources which agents use to navigate their practical identities. This leaves her account riven between rigorism (...) and voluntarism, such that it will not escape a paradox that arises when self-legislation is unable to appeal to external normative standards. Onora O'Neill anchors self-legislation more firmly to the self-disciplining structures of reason itself. However, she ultimately fails to defend sufficiently unconditional practical norms which could guide legislation. These endemic problems with radical constructivist models of self-legislation prompt a reconstruction of a neglected realist self-legislative tradition which is exemplified by Christian Wolff. In outlining a rationalist and realist account of self-legislation, I argue that it can also make sense of our ability to overcome anomie and deference in practical action. Thus, I claim that we need not make laws but can make them our own. (shrink)

This article addresses three questions concerning Kant’s views on non-rational animals: do they intuit spatio-temporal particulars, do they perceive objects, and do they have intentional states? My aim is to explore the relationship between these questions and to clarify certain pervasive ambiguities in how they have been understood. I first disambiguate various nonequivalent notions of objecthood and intentionality: I then look closely at several models of objectivity present in Kant’s work, and at recent discussions of representational and relational theories (...) of intentionality. I argue ultimately that, given the relevant disambiguations, the answers to all three questions will likely be positive. These results both support what has become known as the nonconceptualist reading of Kant, and make clearer the price the conceptualist must pay to sustain her position. (shrink)

I defend the thesis that Kantian analytic judgments are about objects (as opposed to concepts) against two challenges raised by recent scholars. First, can it accommodate cases like “A two-sided polygon is two-sided”, where no object really falls under the subject-concept as Kant sees it? Second, is it compatible with Kant’s view that analytic judgments make no claims about objects in the world and that we can know them to be true without going beyond the given concepts? I address (...) these challenges in two steps. First, given Kant’s distinction between an object in general = x from an object of sensible intuition, I argue that analytic judgments are about objects in the former sense, no matter whether the purported objects can be given in our intuition. Second, using Kant’s method of representing certain logical relations of concepts with such figures as circles, I construct a model to show that analytic truths are truths about objects in general = x and yet can be determined solely by the intensional relation between the given concepts plus certain Kantian-logical laws. Analytic truths are thus shown as formal in the Kantian sense that they do not presuppose the purported objects as givable in our intuition. This account of the formality of analytic truths captures Kant’s diagnosis of the Leibnizian illusion that we can make material claims about the world by analytically true judgments. (shrink)

I show that the Pinkerton rule in conspiracy law is doctrinally and morally flawed. Unlike past critics of the rule, I propose a statutory fix that preserves and reforms it rather than abolishing it entirely. As I will show, this accommodates authors like Neil Katyal who have defended the rule as an important crime fighting tool while also fixing most of the traditional problems with it identified by critics like Wayne LaFave. Pinkerton is a vicarious liability rule that makes conspirators (...) criminally responsible for the foreseeable crimes of their coconspirators committed in furtherance of the conspiracy. It has two big problems: (1) Doctrinally, it breaks the logic of the many state criminal codes that are based on the Model Penal Code. (2) Ethically, it infringes the culpability constraint on the criminal law by imposing excessive punishments on defendants who did not even consciously suspect that their coconspirators would commit additional crimes that were not the object of the conspiracy. These problems are most acute in Texas, where Pinkerton can be combined with capital murder charges to produce automatic life without parole sentences. The Texas example is an extreme illustration of the problem of unintended consequences when state legislators tinker with the carefully drafted, interlocking provisions of a model code. The new statute I propose would put the penal code back in order and respect the culpability constraint. In the latter aspect, it is informed by leading work in philosophical ethics on blameworthiness and culpability. (shrink)

What the authors attempt to address in this paper is a Kantian question: not whether, but how is cross -cultural understanding possible? And specifically, what is a more effective approach for cross -cultural understanding? The answer lies in an analysis of two different models of cross -cultural understanding, that is, propositional and hermeneutic understanding. To begin with, the author presents a linguistic interpretation of culture, i.e., a culture as a linguistically formulated and transmitted symbolic system with its conceptual (...) core as a scheme of basic cultural presuppositions, which it referred to as a cultural language. After exploring the essential role of cultural presuppositions in cross -cultural understanding, the author discusses the traditional model of cross -cultural understanding, namely, the propositional model. Through critically examining the two popular versions of the propositional model, i.e., the projective approach and the adoptive approach to cross -cultural understanding, it is found that cross -cultural propositional understanding is doomed to failure. To move us beyond the absolutism -relativism trap embedded within propositional understanding, the author first introduces and discusses Hans-Georg Gadamer’s hermeneutic understanding, and then applies Hans-Georg Gadamer’s hermeneutic model of understanding to cross -cultural understanding. It is finally concluded that cross -cultural understanding is essentially hermeneutic—including the case of cultural learning, not propositional. Therefore, cross -cultural understanding is hermeneutically possible. (shrink)

The study aimed to identify the relationship between correcting the deviations in the measurement of performance and achieving the objectives of control and the performance of the job at the Islamic University in the Gaza Strip. To achieve the objectives of the research, the researchers used the descriptive analytical approach to collect information. The questionnaire consisted of (20) statements distributed to three categories of employees of the Islamic University (senior management, faculty members, their assistants and members of the administrative board). (...) A random sample of 314 employees was selected and 276 responses were retrieved with a recovery rate of 88.1%. The Statistical Analysis Program (SPSS) was used to enter, process, and analyze the data. The results of the study showed a positive relationship between correcting deviations in performance measurement and achieving the control objectives represented by the functional performance in the Islamic University from the point of view of the members (senior management, faculty and their assistants, and the administrative board), where the relative weight of all the paragraphs was (74.25%). The study recommended the need to ensure that the actual performance of the planned performance is matched and decisions are taken to correct the serious deviations and take the necessary measures in terms of retraining and change in regulations, wages and bonuses and punishment of the culprit, neglect and negligence by mistake. (shrink)

This chapter outlines six distinct reasons for rejecting retributivism, not the least of which is that it’s unclear that agents possess the kind of free will and moral responsibility needed to justify it. It then sketches a novel non-retributive alternative called the public health-quarantine model. The core idea of the model is that the right to harm in self-defense and defense of others justifies incapacitating the criminally dangerous with the minimum harm required for adequate protection. The model also draws on (...) the public health framework and prioritizes prevention and social justice. It is argued that not only does the public health-quarantine model offer a stark contrast to retributivism, it also provides a more humane, holistic, and effective approach to dealing with criminal behavior, one that is superior to both retributivism and other leading non-retributive alternatives. (shrink)

Questions about the morality of lying tend to be decided in a distinctive way early in discussions of Kant’s view on the basis of readings of the false promising example in his Groundwork of The metaphysics of morals. The standard deception-as-interference model that emerges typically yields a very general and strong presumption against deception associated with a narrow and rigorous model subject to a range of problems. In this paper, I suggest an alternative account based on Kant’s discussion of self-deception (...) in the Metaphysics of Morals. I argue that we make the concern with respect for our capacity for inner freedom seen in the case of self-deception the model for deception in general. Focusing on the case of paternalistic lying, I claim that this approach yields a subtle and integrated account that promises the kind of resources we need if we are to be able to make headway with hard cases where deception may seem permissible. (shrink)

"Subjectivisation of Sense Perception and Two Models of Early Modern Idealism" The distinction between primary and secondary qualities, most famously outlined by Galileo, and subsequently supported, inter alia, by Descartes and by Locke has widely been considered one of the crucial factors in the development of modern idealism. In its contemporary form, the distinction identifies some of the perceived properties as mental phenomena due to their content and structural dependence on the mind. However, this account of the primary/secondary distinction (...) is largely different from its original version developed by the above-mentioned philosophers, within whose work the mental being of the perceived qualities was demonstrated objectively, from the conceptually-derived nature of matter, and not subjectively, by referring to the mind’s participation in the cognitive process. It was only at the next stage of the early modern subjectivisation of sense perception, best exemplified by such philosophers as Arnold Geulincx and Richard Burthogge, that the creative role played by the mind in sensation and, consequently, the mind-dependency of the sensible qualities was recognised – a turn influenced by the reinterpretation of Aristotelian philosophy offered by Jacopo Zabarella and Paduan school as well as by Anti-Aristotelianism of the kind developed in Netherlands. Furthermore, the two different approaches to the primary/secondary distinction can be linked with two main types of post-Cartesian idealism, i.e. Berkeleian and Kantian – a claim for which illustrative evidence from British philosophy, namely from Berkeley’s and Burthogge’s respective theories, can be drawn. (shrink)

This paper examines the role of the consensual model in law and argues that if substantive justice is to be the goal of law, the use of individual choice as a legal criterion for distributive and retributive purposes must be curtailed and made subject to substantive considerations. Substantive justice arguably requires that human rights to life, well-being, and the commodities essential to life and well-being, be given priority whenever a societal decision is made. If substantive justice is a collective societal (...) responsibility, the individual cannot be justly rewarded or punished for his or her choices with respect to life, well-being and essential commodities insofar as these choices are justified or excused by standards of substantive justice. Societal conditions and institutional arrangements should be recognized as grounds for justification and excuse because they may impose limits and constraints on the choices available to an individual that are as unavoidable and compelling as those imposed by chance or by another human being. (shrink)

Coherence and correspondence are classical contenders as theories of truth. In this paper we examine them instead as interacting factors in the dynamics of belief across epistemic networks. We construct an agent-based model of network contact in which agents are characterized not in terms of single beliefs but in terms of internal belief suites. Individuals update elements of their belief suites on input from other agents in order both to maximize internal belief coherence and to incorporate ‘trickled in’ elements of (...) truth as correspondence. Results, though often intuitive, prove more complex than in simpler models (Hegselmann & Krause 2002, 2006; Grim, Singer, Reade & Fisher 2015). The optimistic finding is that pressures toward internal coherence can exploit and expand on small elements of truth as correspondence is introduced into epistemic networks. Less optimistic results show that pressures for coherence can also work directly against the incorporation of truth, particularly when coherence is established first and new data is introduced later. (shrink)

How should contractualists seek to accommodate and respond to the existence of radical pluralism within contemporary liberal states? Ryan Muldoon has recently argued that a) the dominant Kantian liberal model of contractualism is hopelessly ill equipped to do so but that b) there is a particular kind of Hobbesian contractualism that can do much better. I raise some problems concerning the capacity of Muldoonian contractualism to respond appropriately to the problem of radical pluralism. I then propose a very different (...) kind of solution that involves embracing an advice model of contractualism. Keywords: contractualism; contractarianism; pluralism; diversity; disagreement . (shrink)

Artistic work during communist regime in Albania has been a strictly controlled area, due to censorship and ideological limitations. However, the creative genius of some individuals was able to transmit religious images in a disguised form, particularly when themes were permissive to ambiguous messages. Depicting child abuse was a taboo for the everyday life, but not when focusing on certain historical periods that were purposefully stigmatized from the state propaganda. Some snapshots and images from the movie ‘Red poppies on the (...) wall’, shot in 1976, will reveal how the director and the working team operated on Christian symbols to showcase their working philosophy. Thus, sketching the abusive environment of an orphanage within the frames of a remote Roman punishment model, did nothing more, rather than confirmed the main concern that was tormenting authors while trying to delimit the events in time. The abused child is a reality beyond time, ideology and religion, and as such artworks dealing with it have their deserved professional space. (shrink)

This article constructively retrieves St. Anselm of Canterbury’s theory of retributive justice and provides a defense of what can be called the retributive model of hell. In the first part of this article, we develop the place of retributive punishment in Anselm’s thinking and discuss how and when retributive punishment is a good thing. In the second part, we apply Anselm’s thinking on retributive justice to the problem of hell and provide a defense of how hell, defined as (...) a state of receiving retributive, damnatory, and irreversible punishment, is good. We then address a series of objections. Despite some criticism that both Anselm and the retributive model of hell receive in the contemporary literature, Anselm’s account of retributive justice can make unique and constructive contributions to the contemporary discussion of hell; by retrieving and applying Anselm’s thought to the problem of hell, we intend to kill two birds with one stone. (shrink)

This chapter offers non-retributive, broadly Kantian justifications of punishment and remorse which can be endorsed by free will skeptics. We lose our grip on some Kantian ideas if we become skeptical about free will, but we can preserve some important ones which can do valuable work for free will skeptics. The justification of punishment presented here has consequentialist features but is deontologically constrained by our duty to avoid using others as mere means. It draws on a (...) modified Rawlsian original position in which we assume we are just as likely to be among the punished when the veil of ignorance is raised as we are to be among those protected by the institution of punishment. The justification of remorse presented here is care-based, and draws on the value of sympathizing with people we have wronged, which has a Kantian ground in the duty to take others’ ends as our own. (shrink)

Bruno Latour claims to have shown that a Kantian model of knowledge, which he describes as seeking to unite a disembodied transcendental subject with an inaccessible thing-in-itself, is dramatically falsified by empirical studies of science in action. Instead, Latour puts central emphasis on scientific practice, and replaces this Kantian model with a model of “circulating reference.” Unfortunately, Latour's alternative schematic leaves out the scientific subject. I repair this oversight through a simple mechanical procedure. By putting a slight spin (...) on Latour's diagrammatic representation of his theory, I discover a new space for a post-Kantian scientific subject, a subject brilliantly described by Ludwik Fleck. The neglected subjectivities and ceaseless practices of science are thus re-united. (shrink)

We look into the ontology of quantum theory as distinct from that of the classical theory in the sciences. Theories carry with them their own ontology while the metaphysics may remain the same in the background. We follow a broadly Kantian tradition, distinguishing between the noumenal and phenomenal realities where the former is independent of our perception while the latter is assembled from the former by means of fragmentary bits of interpretation. Theories do not tell us how the noumenal (...) world is constituted but are conceptual constructs applying to models generated in the phenomenal world within limited contexts. -/- The ontology of quantum theory principally rests on the view that entities in the world are pervasively correlated with one another not by means of probabilities as in the case of the classical theory, but by means of probability amplitudes involving finely tuned phases characterising the oscillatory behaviour of quantum mechanical states. -/- The amplitude-dependent correlations (quantum entanglement) exist over and above the classical ones expressed in terms of probabilities. While the classical correlations are essentially local in nature, quantum correlations are shared globally in the process of environment-induced decoherence. The decoherence is an effectively random process that removes local correlations in the course of global sharing of entanglement—the removal being especially manifest in the case of systems that appear as classical ones. It is this aspect of the decoherence process that makes the so-called measurement postulate (one relating to wave function collapse) cohere with the rest of the principles of quantum theory where the latter implies a Schrodinger type time evolution of quantum mechanical systems. -/- The mathematical basis of the quantum correlations consists of the description of pure states of a system in terms of vectors in a linear vector space (a mixed state appears as an admixture of pure states with some probability distribution associated with it) and, in addition, the description of (pure) states of composite systems as vectors in the product space arising from the component sub-systems. -/- The crucial aspect of the decoherence process, of significance in the context of the apparent incompatibility of the measurement postulate with the unitary Schrodinger evolution, relates to the fact that it is almost instantaneous in the case of a classical object (one that is nevertheless amenable to a quantum description). Indeed, the decoherence time is, in all likelihood, of the order of the Planck scale, being driven by field fluctuations in the Planck regime. This points to factors of an unknown nature determining the finest details of the decoherence process since Planck scale physics remains an obscure terrain. -/- In other words, quantum theory is, to all intents and purposes, in the need of a radical revision, in keeping with the fact that all theories are defeasible and need revision as our domains of experience expand and get realigned in a complex manner. The context within which quantum theory (and quantum field theory too) is defined is set precisely by the Planck scale, across which a novel theoretical framework is likely to emerge. However, as in the case of theory revisions in general, that emerging theory will stand in an asymmetric relation of incommensurability with the present-day quantum theory, where the concepts of the latter will be comprehensible in terms of those of the former, but the converse will not hold. (shrink)