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

Crime-preventing neurointerventions (CPNs) are increasingly being used or advocated for crime prevention. There is increasing use of testosterone-lowering agents to prevent recidivism in sexual offenders, and strong political and scientific interest in developing pharmaceutical treatments for psychopathy and anti-social behaviour. Recent developments suggest that we may ultimately have at our disposal a range of drugs capable of suppressing violent aggression, and it is not difficult to imagine possible applications of such drugs in crime prevention. But should neurointerventions be used in (...) crime prevention, and may the state ever permissibly impose CPNs as part of the criminal justice process? It is widely thought that preventing recidivism is one of the aims of criminal justice, yet existing means of pursuing this aim are often poorly effective, restrictive of basic freedoms, and harmful. Incarceration, for example, tends to be disruptive of personal relationships and careers, detrimental to physical and mental health, highly restrictive of freedom of movement and association, and rarely more than modestly effective at preventing recidivism. Neurointerventions hold the promise of preventing recidivism in ways that are more effective and more humane, but the use of CPNs in criminal justice raises several ethical concerns. CPNs could be highly intrusive and may threaten fundamental human values, such as bodily integrity and freedom of thought, and humanity has a track record of misguided, harmful, and unwarrantedly coercive use of neurotechnological ‘solutions’ to criminality. This collection brings together original contributions from emerging scholars and internationally renowned moral and political philosophers to address these issues. (shrink)

Paternalistic behaviour directed towards a person’s informed and competent decisions is often thought to be morally impermissible. This view is supported by what we can call the Anti-Paternalism Principle. While APP might seem plausible when employed to show the wrongness of paternalism by the state, there are some cases of paternalistic behaviour between private, informed, and competent individuals where APP seems mistaken. This raises a difficulty for supporters of APP. Either they need to reject APP to accommodate our intuitions in (...) these cases, or provide grounds for thinking that paternalistic behaviour between certain private individuals is different in a morally relevant sense. In this paper, I explore several possible morally relevant differences, and find all of them unsatisfactory as grounds for maintaining the plausibility of APP. (shrink)

According to some philosophers, a necessary condition of morally permissible punishment is that it communicates deserved censure for the offender’s wrongdoing. The author calls this the Communicative Condition of punishment. The chapter considers whether the use of mandatory crime-preventing neurointerventions is compatible with the Communicative Condition. The author argues that it is not. If we accept the Communicative Condition, it follows that it is impermissible to administer mandatory neurointerventions on offenders as punishment. The author then considers whether it is permissible (...) to offer an offender a neurointervention as a replacement for incarceration or in exchange for a shorter sentence. He notes that this could meet the Communicative Condition, although, somewhat oddly, only in cases where the neurointerventions have harmful effects. (shrink)

The aim of this critical commentary is to distinguish and analytically discuss some important variations in which legal moralism is defined in the literature. As such, the aim is not to evaluate the most plausible version of legal moralism, but to find the most plausible definition of legal moralism. As a theory of criminalization, i.e. a theory that aims to justify the criminal law we should retain, legal moralism can be, and has been, defined as follows: the immorality of an (...) act of type A is a sufficient reason for the criminalization of A, even if A does not cause someone to be harmed. In what follows, I critically examine some of the key definitions and proposals that have, unfortunately, not always been carefully distinguished. Finally, I propose a definition that seems to capture the essence of what many philosophers refer to when they talk about legal moralism, while also providing more clarity. (shrink)

Five arguments are presented in favour of the proposal that people who opt in as organ donors should receive a tax break. These arguments appeal to welfare, autonomy, fairness, distributive justice and self-ownership, respectively. Eight worries about the proposal are considered in this paper. These objections focus upon no-effect and counter-productiveness, the Titmuss concern about social meaning, exploitation of the poor, commodification, inequality and unequal status, the notion that there are better alternatives, unacceptable expense, and concerns about the veto of (...) relatives. The paper argues that none of the objections to the proposal is very telling. (shrink)

The aim of this paper is to discuss the plausibility of a certain position in the philosophical literature within which the Repugnant Conclusion is treated, not as repugnant, but as an acceptable implication of the total welfare principle. I will confine myself to focus primarily on Törbjörn Tännsjö’s presentation. First, I reconstruct Tännsjö’s view concerning the repugnance of the RC in two arguments. The first argument is criticized for (a) addressing the wrong comparison, (b) relying on the controversial claim that (...) the privileged people in our actual world only have lives barely worth living and (c) that Tännsjö’s identification between Z-lives and privileged lives is restricted to certain versions of the notion ‘barely worth living’ – a restriction that weakens the force of the argument. The second argument is criticized because some of it premises entailed (b) and (d) for its implausible claim that non-imaginable outcomes cannot be compared. (shrink)

About 80 % of all convicted have had a prior record of conviction. But how should the state punish repeat offenders (with a prior conviction) as compared with first-time offenders who are convicted? The law in all jurisdictions, a large swathe of public opinion, and the general trend within criminal justice ethics all seem to accept what we may call: -/- Asymmetry A The punishment of repeat offenders should be harsher than the punishment of first-time offenders. -/- This asymmetry is (...) obviously just a rough structure. It leaves a lot of room for interpretation. Several retributivists have argued for progressive loss of mitigation (PLM). On this view, a first-time offender receives a discount on punishment that is gradually lost if he re-offends. When the discount is lost the offender receives the full punishment, and re-offending from that point on will be punished equally. However, recently some retributivists have argued in favour of a cumulative principle (CP) according to which an offender will progressively be punished more severely the more convictions he has accumulated. In sum, in the theoretical literature on the subject, Asymmetry A has been the mantra for several prominent retributivists. The aim of this paper is to point to an all but overlooked logical point in the discussion of punishment and recidivism. This is the point that it follows, from retributivism, that there is a reason - at least in some situations, as we shall see - to support what we may call: -/- Asymmetry B The punishment of repeat offenders should be more lenient than the punishment of first-time offenders. (shrink)

Most philosophers discuss the Repugnant Conclusion as an objection to total utilitarianism. But this focus on total utilitarianism seems to be one-sided. It conceals the important fact that other competing moral theories are also subject to the Repugnant Conclusion. The primary aim of this paper is to demonstrate that versions of egalitarianism are subject to the Repugnant Conclusion and other repugnant conclusions.

Birks and Buyx (2018) claim that, at least in the foreseeable future, nonconsensual neurointerventions will almost certainly suppress some valuable mental states and will thereby impose an objectionable harm to mental integrity—a harm that it is pro tanto wrong to impose. Of course, incarceration also interferes with valuable mental states, so might seem to be objectionable in the same way. However, Birks and Buyx block this result by maintaining that the negative mental effects of incarceration are merely foreseen, whereas those (...) of neurointerventions are intended. We dispute Birks and Buyx’s characterization of the descriptive difference between these effects. In both cases, the negative effects are caused, not constituted, by the act in question. (shrink)

The task of the congress of the German Society for Semiotics in Passau / Germany in September 2017 was to explore and describe "boundaries". A total of 12 sections of the society wrote a call for paper for this purpose. With the present anthology it has to be made evident, how concretely also the boundaries of the own, the other and the foreign can be negotiated via pictures. -/- Papers: -/- - Martina Sauer: Ikonische Grenzverläufe. Szenarien des Eigenen, Anderen und (...) Fremden im Bild. Eine Einführung, 4 - Barbara Margarethe Eggert: Das andere Geschlecht im Altarraum – exklusive Textilien als inklusive Medien. Studien zum Gösser Ornat, 7 - Birke Sturm: Politik der Schönheit: Zur Konstruktion einer ›wissenschaftlichen‹ Bildästhetik schöner weiblicher Körper um 1900 am Beispiel des Gynäkologen Carl Heinrich Stratz, 22 - Melis Avkiran: Das rassifizierte Fremde im Bild. Zur Genese differenzbildender Konzepte in der Kunst des 15. Jahrhunderts am Beispiel des Malers Hans Memling, 40 - Leonie Licht: weiß zwischen schwarz zwischen weiß – Geschichten von Identität im Bild, 75 - Julia Austermann: Queere Interventionen im kommunistischen Polen – Krzysztof Jung und sein ›plastisches Theater‹, 91 - Sabine Engel: Tizians Porträt der Laura Dianti. Aneignung und Transformation zwischen Orient und Okzident, 111 - Anna Christina Schütz: Osman Hamdi Beys Türkische Straßenszene. Der Teppich als Verhandlungsort kultureller Identitäten im ausgehenden 19. Jahrhundert, 146 - Benjamin Häger, Claudia Jürgens: Ikonische Stadtstrategien. Das Fassadenplakat und die Musterfassade als Instrumente machtpolitischer Repräsentation, 175 - Irene Schütze: Fehlende Verweise, rudimentäre ›Markierungen‹: aufgeweichte Grenzverläufe zwischen Kunst und Alltag, 204 - Stefan Römer: Interesse an und in einem Bildarchiv für Migrant/innen und Flüchtlinge, 221 - Viola Nordsieck: Von der Fähigkeit, einen Stuhl zu ignorieren. A. N. Whiteheads Konzept der Wahrnehmung als symbolisierender Tätigkeit und die Art, wie wir Bilder als Bilder sehen, 239 - David Jöckel: Mythos und Bild. Roland Barthes’ Semiologie bildlicher Stereotypisierung, 255 -/- - Kurzbiographien der Autorinnen und Autoren, 274 - Impressum, 278. (shrink)