This Essay analyzes an essay by H. L. A. Hart about discretion that has never before been published, and has often been considered lost. Hart, one of the most significant legal philosophers of the twentieth century, wrote the essay at Harvard Law School in November 1956, shortly after he arrived as a visiting professor. In the essay, Hart argued that discretion is a special mode of reasoned, constrained decisionmaking that occupies a middle ground between arbitrary choice and determinate rule application. (...) Hart believed that discretion, soundly exercised, provides a principled way of coping with legal indeterminacy that is fully consistent with the rule of law. This Essay situates Hart’s paper – Discretion – in historical and intellectual context, interprets its main arguments, and assesses its significance in jurisprudential history. In the context of Hart’s work, Discretion is notable because it sketches a theory of legal reasoning in depth, with vivid examples. In the context of jurisprudential history, Discretion is significant because it sheds new light on long-overlooked historical and theoretical connections between Hart’s work and the Legal Process School, the American jurisprudential movement dominant at Harvard during Hart’s year as a visiting professor. Hart’s Discretion is part of our jurisprudential heritage, advancing our understanding of legal philosophy and its history. (shrink)

In this thesis I present a new paradigm in human evolutionary theory: the relevance of track-ways reading (TWR) to the evolution of human cognition, culture and communication. Evidence is presented that strongly indicates hominins were exploiting conspecific track-ways 4 million years ago. For a non-olfactory ape that was a specialized forager in open, featureless wetland environments, they were the only viable natural signs to exploit for safety, orienteering, and recognizable social markers. Due to the unique cognitive demands of reading track-ways, (...) as compared to scent-trails all other animals use to find each other and preferred prey species, social TWR triggered the evolution of a unique faculty for narrative elsewhere-and-when cognition in the hominin mind. Two million years later, this narrative faculty was entrenched enough to enable the rather sudden ‘explosion’ of co-operative Oldowan Lithic Culture that began at 2.6mya. This cultural adaptation was a highly successful response to catastrophic environmental change. Thereafter selection for encephalization to increase neural capacity to store and co-operatively exploit socio-ecological knowledge gained from the hominin narrative faculty (via co-evolving, increasingly efficient modes of intentional communication) drove all further biological and cultural developments in the hominin trajectory towards H.sapiens and behavioural modernity. (shrink)

Utilitarianism has a fairly bad reputation in military ethics, mainly because it is thought to make military expedience override all other concerns. The atomic bombing of Hiroshima and Nagasaki is a famous instance of such a skewed utilitarian calculation that “the rules of war and the rights they are designed to protect” should have stopped (Walzer 1992: 263-8). Most of its critics seem to think that utilitarianism is not bad per se, but prone to be misapplied in a self-serving way. (...) That idea, William H. Shaw argues in his careful and mostly convincing defense of utilitarian thinking about the moral issues that war occasions, is misguided, as are most of the other common objections to utilitarian thinking about the moral issues war raises. (shrink)

Many philosophers have suggested that claims of need play a special normative role in ethical thought and talk. But what do such claims mean? What does this special role amount to? Progress on these questions can be made by attending to a puzzle concerning some linguistic differences between two types of 'need' sentence: one where 'need' occurs as a verb, and where it occurs as a noun. I argue that the resources developed to solve the puzzle advance our understanding of (...) the metaphysics of need, the meaning of 'need' sentences, and the function of claims of need in ethical discourse. (shrink)

It is often taken for granted that our desires can contribute to what it is rational for us to do. This paper examines an account of desire—the ‘guise of the good’— that promises an explanation of this datum. I argue that extant guise-of-the-good accounts fail to provide an adequate explanation of how a class of desires—basic desires—contributes to practical rationality. I develop an alternative guise-of-the-good account on which basic desires attune us to our reasons for action in virtue of their (...) biological function. This account emphasises the role of desire as part of our competence to recognise and respond to normative reasons. (shrink)

This paper considers the significance of the informal publication and circulation in the work of one of the most important analytic philosophers of the late 20th Century, Saul Kripke. I argue that everyday copying technologies such as tape recording and photocopying enabled academic philosophers in the 1970s and 1980s to create and reproduce living documents whose private preservation and circulation offered a way to make and maintain a community of interest, carve out a space for oral discourse and, most significantly (...) for histories of alternative print technologies, that these technologies and techniques of reproduction were essential to the composition of Kripke’s ground-breaking and revolutionary published work. The recording, transcripts and photocopies archived Kripke’s ideas and offered access to them outside of institutional publishing channels. Kripke lectured a great deal, usually without notes, and was known to be reluctant to commit his ideas to print; this ‘szamizdat’ (as he refers to it) also preserved a space for the oral as the preferred mode of communication for philosophical discourse, connecting the modern tradition with the ancients, an oral tradition held together with magnetic tape, typescript, photocopies, and digital text files. This archival study draws attention to the intermediality of Kripke's work through close examination of his acknowledgments, prefaces, and footnotes to work up a history of the everyday media inscriptions (the recordings, typescript transcriptions, photocopies etc.) and practices (the lectures, seminars, and international social networks of distribution) that underpin the production of both his published and unpublished work. This essay brings a media archaeological approach into contact with scholarship on the history of the book and intellectual history. It foregrounds the role of the oral and aural in the history of print and contributes to our understanding of circulation and reproduction as a cultural practices. (shrink)

DNA sequencers, Twitter, MRIs, Facebook, particle accelerators, Google Books, radio telescopes, Tumblr: what do these things have in common? According to the evangelists of “data science,” all of these are instruments for observing reality at unprecedentedly large scales and fine granularities. This perspective ignores the social reality of these very different technological systems, ignoring how they are made, how they work, and what they mean in favor of an exclusive focus on what they generate: Big Data. But no data, big (...) or small, can be interpreted without an understanding of the process that generated them. Statistical data science is applicable to systems that have been designed as scientific instruments, but is likely to lead to confusion when applied to systems that have not. In those cases, a historical inquiry is preferable. (shrink)

_Theurgy and the Soul_ is a study of Iamblichus of Syria, whose teachings set the final form of pagan spirituality prior to the Christianization of the Roman Empire. Gregory Shaw focuses on the theory and practice of theurgy, the most controversial and significant aspect of Iamblichus's Platonism. Theurgy literally means "divine action." Unlike previous Platonists who stressed the elevated status of the human soul, Iamblichus taught that the soul descended completely into the body and thereby required the performance of (...) theurgic rites—revealed by the gods—to unite the soul with the One. Iamblichus was once considered one of the great philosophers whose views on the soul and the importance of ritual profoundly influenced subsequent Platonists such as Proclus and Damascius. The Emperor Julian followed Iamblichus's teachings to guide the restoration of traditional pagan cults in his campaign against Christianity. Although Julian was unsuccessful, Iamblichus's ideas persisted well into the Middle Ages and beyond. His vision of a hierarchical cosmos united by divine ritual became the dominant world view for the entire medieval world and played an important role in the Renaissance Platonism of Marsilio Ficino. Even Ralph Waldo Emerson wrote that he expected a reading of Iamblichus to cause a "revival in the churches." But modern scholars have dismissed him, seeing theurgy as ritual magic or "manipulation of the gods." Shaw, however, shows that theurgy was a subtle and intellectually sophisticated attempt to apply Platonic and Pythagorean teachings to the full expression of human existence in the material world. (shrink)

Desire satisfaction has not received detailed philosophical examination. Yet intuitive judgments about the satisfaction of desires have been used as data points guiding theories of desire, desire content, and the semantics of ‘desire’. This paper examines desire satisfaction and the standard propositional view of desire. Firstly, I argue that there are several distinct concepts of satisfaction. Secondly, I argue that separating them defuses a difficulty for the standard view in accommodating desires that Derek Parfit described as ‘implicitly conditional on their (...) own persistence’, a problem posed by Shieva Kleinschmidt, Kris McDaniel, and Ben Bradley. The solution undercuts a key motivation for rejecting the standard view in favour of more radical accounts proposed in the literature. (shrink)

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

Only our lineage has ever used trackways reading to find unseen and unheard targets. All other terrestrial animals, including our great ape cousins, use scent trails and airborne odors. Because trackways as natural signs have very different properties, they possess an information-rich narrative structure. There is good evidence we began to exploit conspecific trackways in our deep past, at first purely associatively, for safety and orienteering when foraging in vast featureless wetlands. Since our own old trackways were recognizable they were (...) self-mirroring, triggering memories of what we had been up to in the past. Using them to find our way back to the band when temporarily lost or to re-find a resource-rich area discovered the day before enabled optimal foraging. Selection for daily reiteration of one’s own old trackways therefore triggered the evolution of what is distinctive about human cognition: the autobiographical or narrative (episodic) faculty for imaginative self-projection. This faculty enabled us to glean useful social information from the stories “told” by other band members’ old trackways, and created spin-off capacities for fast-track social learning. Resultant increases in socioecological complexity then created positive selective feedback loops for further entrenchment. Incrementally we became the ultra-social narrative-minded ape, capable of creating cumulative culture. (shrink)

The paper highlights how a popular version of epistemological disjunctivism labors under a kind of 'internalist challenge'—a challenge that seems to have gone largely unacknowledged by disjunctivists. This is the challenge to vindicate the supposed 'internalist insight' that disjunctivists claim their view does well to protect. The paper argues that if we advance disjunctivism within a context that recognizes a distinction between merely functional and judgmental belief, we get a view that easily overcomes the internalist challenge.

Facts about need play some role in our causal understanding of the world. We understand, for example, that people have basic needs for food, water and shelter, and that people come to be harmed because those needs go unmet. But what are needs? How do explanations in terms of need fit into our broader causal understanding of the world? This paper provides an account of need attribution, their contribution to causal explanations, and their relation to disposition attribution.

Epistemological disjunctivism says that one can know that p on the rational basis of one’s seeing that p. The basis problem for disjunctivism says that that can’t be since seeing that p entails knowing that p on account of simply being the way in which one knows that p. In defense of their view disjunctivists have rejected the idea that seeing that p is just a way of knowing that p (the SwK thesis). That manoeuvre is familiar. In this paper (...) I explore the prospects for rejecting instead the thought that if the SwK thesis is true then seeing that p can’t be one’s rational basis for perceptual knowledge. I explore two strategies. The first situates disjunctivism within the context of a ‘knowledge-first’ approach that seeks to reverse the traditional understanding of the relationship between perceptual knowledge and justification (or rational support). But I argue that a more interesting strategy situates disjunctivism within a context that accepts a more nuanced understanding of perceptual beliefs. The proposal that I introduce reimagines disjunctivism in light of a bifurcated conception of perceptual knowledge that would see it cleaved along two dimensions. On the picture that results perceptual knowledge at the judgemental level is rationally supported by perceptual knowledge at the merely functional or ‘animal’ level. This supports a form of disjunctivism that I think is currently off the radar: one that’s consistent both with the SwK thesis and a commitment to a traditional reductive account of perceptual knowledge. (shrink)

You don’t know that p unless it’s on account of your cognitive abilities that you believe truly that p. Virtue epistemologists think there’s some such ability constraint on knowledge. This looks to be in considerable tension, though, with putative faith- based knowledge. For it can easily seem that when you believe something truly on the basis of faith this isn't because of anything you're competent to do. Rather faith-based beliefs are a product of divine agency. Appearances notwithstanding, I argue in (...) this paper that there’s no deep tension between faith-based knowledge and virtue epistemology. Not if we learn to conceive of faith as a kind of extended knowledge. (shrink)

This paper evaluates the claim that some desires provide reasons in virtue of their connection with conscious affective experiences like feelings of attraction or aversion. I clarify the nature of affective desires and several distinct ways in which affective desires might provide reasons. Against accounts proposed by Ruth Chang, Declan Smithies and Jeremy Weiss, I motivate doubts that it is the phenomenology of affective experiences that explains their normative or rational significance. I outline an alternative approach that centralises the function (...) of such experiences. (shrink)

Experiences of urges, impulses, or inclinations are among the most basic elements in the practical life of conscious agents. This article develops a theory of urges and their epistemology. The article motivates a tripartite framework that distinguishes urges, conscious experiences of urges, and exercises of capacities that agents have to control their urges. The article elaborates the elements of the tripartite framework, in particular, the phenomenological contribution of motor imagery. It argues that experiences of urges and exercises of control over (...) urges play coordinate roles in enabling an agent’s awareness of their impulses. (shrink)

This paper explores religious belief in connection with epistemological disjunctivism. It applies recent advances in epistemological disjunctivism to the religious case for displaying an attractive model of specifically Christian religious belief. What results is a heretofore unoccupied position in religious epistemology—a view I call ‘religious epistemological disjunctivism’. My general argument is that RED furnishes superior explanations for the sort of ‘grasp of the truth’ which should undergird ‘matured Christian conviction’ of religious propositions. To this end I first display the more (...) familiar perceptual epistemological disjunctivism, contrasting it with both externalist and classically internalist views. This prepares the way for introducing RED with its own distinctive factive mental state operator—pneuming that p. In this second section I present the RED model, not failing to address a potential problem concerning religious disagreement. I also clarify RED’s distinctive internalist aspect, describing how it comports with contemporary internalist thinking in epistemology. I then move in section three to criticize externalist and classical internalist views, showing where they fail to make proper sense of the sort of knowing which should ground mature Christian conviction. Specifically, I highlight three intuitions which I think any theory of religious belief should capture: what I call the case-closed intuition, the good believer intuition, and the Plantingian platitude. This is all to set up for the final section where I argue that RED is superior for understanding proper religious believing—capturing the aforementioned intuitions. (shrink)

This paper argues that Socrates does not claim to be a political expert at Gorgias 521d6-8, as many scholars say. Still, Socrates does claim a special grasp of true politics. His special grasp (i) results from divine dispensation; (ii) is coherent true belief about politics; and (iii) also is Socratic wisdom about his own epistemic shortcomings. This condition falls short of expertise in two ways: Socrates sometimes lacks fully determinate answers to political questions, and he does not grasp the first (...) principles of politics. (shrink)

How should we think of the preferences of citizens? Whereas self-optimal policy is relatively straightforward to produce, socially optimal policy often requires a more detailed examination. In this paper, we identify an issue that has received far too little attention in welfarist modelling of public policy, which we name the "hidden assumptions" problem. Hidden assumptions can be deceptive because they are not expressed explicitly and the social planner (e.g. a policy maker, a regulator, a legislator) may not give them the (...) critical attention they need. We argue that ethical expertise has a direct role to play in public discourse because it is hard to adopt a position on major issues like public health policy or healthcare prioritisation without making contentious assumptions about population ethics. We then postulate that ethicists are best situated to critically evaluate these hidden assumptions, and can therefore play a vital role in public policy debates. (shrink)

This paper reads Republic 583b-608b as a single, continuous line of argument. First, Socrates distinguishes real from apparent pleasure and argues that justice is more pleasant than injustice. Next, he describes how pleasures nourish the soul. This line of argument continues into the second discussion of poetry: tragic pleasures are mixed pleasures in the soul that seem greater than they are; indulging them nourishes appetite and corrupts the soul. The paper argues that Plato has a novel account of the ‘paradox (...) of tragedy’, and that the Republic and Philebus contain complementary discussions of tragic and comic pleasure. (shrink)

An existential interpretation of student angst in Chinese universities raises issues of autonomy and freedom. The governance arrangements in China create a conflict for Chinese students who in their coursework are urged to become critical-minded and open-minded. In this essay, Kant’s moral theory provides access to this phenomenon. His theory of duty–rationality–autonomy–freedom relates the liberty of thought to principled action. Kantian ideals still influence western business and university practice and they become relevant in China as that country modernises. The abilities (...) of graduates which officials say the country needs—insightfulness, creativity, innovation, progressiveness and commitment—are only achievable by professionals who are independent minded, rational and who commit to act on their own conclusions. Such people are Kant’s autonomous persons. Chinese students increasingly confront a conflicted educational environment. Universities require students to think, analyse and argue. An outcome of this deliberation is freedom, as construed by Kant as an ‘inner’construct. When students are unable to exercise Kantian freedom in matters which concern them they experience the angst of freedom. Students may carry a burden derived from bridles on information and authoritarian restrictions on dialogue. (shrink)

Peter Lamarque recently reported on current trends in aesthetics in the Postgraduate Journal of Aesthetics. Noticeably absent from his list, however, is the emergence and acceptance of feminist approaches in aesthetics, especially among analytic philosophers. Yet feminism is an important movement, one that should have been included among those he discusses. Indeed, my goal is to convince you that feminism should have made it onto Lamarque’s list. Rather than criticize him, however, I want to use his oversight to ask why (...) feminist philosophers working in analytic aesthetics have trouble getting the recognition they deserve. My suggestion will be that the specificity of feminist critiques in aesthetics is often what makes it difficult for philosophers to appreciate their significance. I will also argue that it is precisely because of this specificity that feminism is a uniquely important movement in contemporary aesthetics. (shrink)

There is a palpable need for a new theory that embraces organisations and management – the hegemony of scientific theories is at an end. This paper argues that the phenomenological method which Husserl inaugurates has the potential to provide new insights. Those who adopt a phenomenological attitude to their situation within a business can explore unusual, and as yet unseen, depths within phenomena. The paper introduces Husserl’s method which requires the development of skills and a thoroughgoing rejection of scientific methods (...) of enquiry. However, this method is unlikely assist practitioners to achieve already determined business goals. (shrink)

We describe an evaluation undertaken on contract for the New Zealand State Services Commission of a major project (the Administrative Decision-Making Skills Project) designed to produce a model of administrative decision making and an associated teaching/learning packagefor use by government officers. It describes the evaluation of a philosophical model of decision making and the associated teaching/learning package in the setting of the New Zealand Public Service, where a deliberate attempt has been initiated to improve the quality of decision making, especially (...) in relation to moral factors. (shrink)

This paper introduces the concept of collective intentionality and shows its relevance when we seek to understand public management. Social ontology – particularly its leading concept, collective intentionality – provides critical insights into public organisations. The paper sets out the some of the epistemological limitations of cultural theories and takes as its example of these the group-grid theory of Douglas and Hood. It then draws upon Brentano, Husserl and Searle to show the ontological character of public management. Modern public institutions (...) – such as advisory organisations and service delivery agencies, including schools and universities – are expressions of human collective intentionality. The central concept within these institutions, as a phenomenology reveals, is cooperation. Public institutions are natural structures that emerge from our evolutionary ancestry as cooperative animals and enduringly display all the features of that ancestry. (shrink)

Both Philip and Andrew are philosophy students whose interests converge around the philosophy of technology broadly understood. Philip's interest is specifically aimed toward the ethics of Transhumanism and depictions of Transhumanism in works of fiction. On the other hand, Andrew finds himself more focused on religious behavior in the technological world. While the two perspectives might not seem that close, there is certain to be an overlap in Andrew and Philip's shared understanding of how technological phenomena play a crucial role (...) concerning religion and society. (shrink)

This introduction provides brief outlines of the articles collected in this special issue of the International Journal of Philosophical Studies on the topic of Ethics and Emotions. It also announces the winners of the 2021 Robert Papazian and PERITIA prizes.

This paper aims for a more robust epistemological disjunctivism (ED) by offering on its behalf a new and better response to the ‘new evil genius’ problem. The first section articulates the ‘new evil genius challenge’ (NEG challenge) to ED, specifying its two components: the ‘first-order’ and ‘diagnostic’ problems for ED. The first-order problem challenges proponents of ED to offer some explanation of the intuition behind the thought that your radically deceived duplicate is no less justified than you are for adopting (...) her perceptual beliefs. In the second section, I argue that 'blamelessness' explanations are inadequate to the task and offer better explanations in their place—that of ‘trait-level virtue’ and ‘reasonability’. The diagnostic problem challenges proponents of ED to explain why it is that classical internalists disagree with them about how to interpret 'new evil genius' considerations. The proponent of ED owes some error theory. I tackle this problem in the third section, arguing that classical internalists overlook disjunctivist interpretations of new evil genius intuitions owing to a mistaken commitment to a ‘vindicatory’ explanation of perceptual knowledge. (shrink)

It can be easy to assume that since the “theist in the street” is unaware of any of the traditional arguments for theism, he or she is not in position to offer independent rational support for believing that God exists. I argue that that is false if we accept with William Alston that “manifestation beliefs” can enjoy rational support on the basis of suitable religious experiences. I make my case by defending the viability of a Moorean-style proof for theism—a proof (...) for the existence of God that parallels in structure G. E. Moore’s famous proof for the existence of the external world. I argue that this shows that even if the theist in the street has nothing to offer for helping to convince the religious sceptic, this needn’t entail that she cannot offer independent rational support in defense of her theistic belief. (shrink)

Business education is at a critical juncture. How are we to justify the curriculum in undergraduate business awards in Aotearoa New Zealand? This essay suggests a philosophical framework for the analysis the business curriculum in Western countries. This framework helps us to see curriculum in a context of global academic communities and national needs. It situates the business degree in the essential tension which modernity (Western metaphysics) creates and which is expressed in an increasingly globalised economy. The tension is between (...) those who insist that the degree is to serve modernity and those who hope that it may contribute to a new era of justice and harmony with nature. One critical battle ground for the business curriculum is the subject Business Ethics. The business ethics curriculum often indicates the intention of the business ethics degree itself. Kant's distinction between heteronomy (rule following) and autonomy (making your own decisions) provides us with a means to judge the purposes of business ethics courses: there are courses which seek to produce reliable and compliant (heteronomous) employees, and there are those which seek to produce independent creative (autonomous) human beings. The question for this conference is: what do we as business educators see as our task? (shrink)

Slurring expressions display puzzling behaviour when embedded, such as under negation and in attitude and speech reports. They frequently appear to retain their characteristic qualities, like offensiveness and propensity to derogate. Yet it is sometimes possible to understand them as lacking these qualities. A theory of slurring expressions should explain this variability. We develop an explanation that deploys the linguistic notion of focus. Our proposal is that a speaker can conversationally implicate metalinguistic claims about the aptness of a focused slurring (...) expression. This explanation of variability relies on independently motivated mechanisms and is compatible with any theory of slurring expressions. (shrink)

This paper inaugurates a discussion about the phenomenology of union decision-making. Phenomenology provides a new lens that may enable us to gain penetrating insights into how unions function in the fractious world of human resources management. The present paper is preliminary to any fieldwork that may be undertaken. Its main purposes are to identify theory that could be the foundation of further practical work, relate recent work in the phenomenology of management to union practices and to propose directions of enquiry. (...) The relevant theory is that of Edmund Husserl who provides us with a practical method of enquiry into the real world of human resource practice. Husserl’s work has already been applied in relation to local government functioning and some of the findings there appear relevant to the present enquiry. In particular, the nature and role of plebiscites. (shrink)

Proponents of the aesthetic theory of art advocate that the aesthetic domain encompasses all artworks. However, there is a belief that although much art falls under the aesthetic, there are some artworks that do not. Avant-garde artworks are offered as counterexamples to the aesthetic theory as they are artworks that reject the very idea of the aesthetic. This paper explains the idea of non-perceptual aesthetic properties and explores whether it can incorporate avant-garde artworks into the domain of the aesthetic.

Human Beings and Freedom: An Interdisciplinary Perspective focuses on some contemporary issues relating to freedom, equality, identity and resistance from various perspectives, such as psychological, social, political, and metaphysical. In doing so it addresses topics such as the nature of human beings, political freedom, the relationship between freedom and equality, sex, gender and race, humour, and the notion of critique.

This thesis develops a hermeneutic philosophy of science to provide insights into physics education. -/- Modernity cloaks the authentic character of modern physics whenever discoveries entertain us or we judge theory by its use. Those who justify physics education through an appeal to its utility, or who reject truth as an aspect of physics, relativists and constructivists, misunderstand the nature of physics. Demonstrations, not experiments, reveal the essence of physics as two characteristic engagements with truth. First, truth in its guise (...) as correspondence enables a human being to prepare for the distinctive event of physics. -/- Second, the event of physics occurs in human perception when someone forces a hidden reality to disclose an aspect of itself. Thus, the ground of physics is our human involvement with reality achieved by way of truth. -/- To support this account of physics, the thesis reports phenomenological investigations into Isaac Newton’s involvement with optics and a secondary school physics laboratory. These involve interpretations of Heidegger’s theory of beings, schema and signification. The project draws upon, and contributes to, the hermeneutic phenomenology of modern physics, a tradition in continental philosophy that begins with Immanuel Kant, and advances particularly from Martin Heidegger to Patrick Heelan. -/- The thesis advocates an ontological pedagogy for modern physics which has as its purpose each individual student’s engagement with reality and truth. Students may achieve this through demonstrations of phenomena that will enable them to dwell with physics, an experience that contrasts with their embroilment in modernity, and which perpetuates nature’s own science. (shrink)

This paper proposes a unified reading of pleasure's nature and value in Plato's _Philebus_. It also explains how the proposed reading illuminates certain claims about pleasure across the corpus that initially seem to be in some tension: (i) that pleasure is not the good; (ii) that pleasure is choiceworthy and an aspect of the best human life; and (iii) that pleasure is dangerous and tends to make us into bad people who live badly.

This chapter offers an overview of the Epicurean conception of philosophy, with special attention to the value of physics. The Epicureans value physics not only for its ability to help remove superstitious beliefs about the gods and death, but also for its ability to stabilize our beliefs and to give causal accounts of ethically-relevant kinds such as pleasure and desire.

Matters of Certainty and Conviction. In the section on certainty, Shaw puts forth a proof of the external world, and considers topics such as change, difference, time, consciousness, substance and quality.

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)

The present studies investigate how the intentions of third parties influence judgments of moral responsibility for other agents who commit immoral acts. Using cases in which an agent acts under some situational constraint brought about by a third party, we ask whether the agent is blamed less for the immoral act when the third party intended for that act to occur. Study 1 demonstrates that third-party intentions do influence judgments of blame. Study 2 finds that third-party intentions only influence moral (...) judgments when the agent's actions precisely match the third party's intention. Study 3 shows that this effect arises from changes in participants' causal perception that the third party was controlling the agent. Studies 4 and 5, respectively, show that the effect cannot be explained by changes in the distribution of blame or perceived differences in situational constraint faced by the agent. (shrink)

Signing Ceremony of MOU on Professional Legal Diploma, Government of Dubai 2020.

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Socratic Virtue: Making the Best of the Neither-Good-Nor-BadJ. Clerk ShawNaomi Reshotko. Socratic Virtue: Making the Best of the Neither-Good-Nor-Bad. Cambridge-New York: Cambridge University Press, 2006. Pp. xiv + 204. Cloth, $68.00.In this engaging and provocative book, Naomi Reshotko advances a naturalistic interpretation of Socratic philosophy, i.e., of those views expressed by Plato’s Socrates that best comport with Aristotle’s descriptions of Socrates. She contrasts her reading with those that (...) project foreign commitments onto the text, including: (i) moralism, or the separation of ethics from empirical science; (ii) two-dimensional semantics, or theories of meaning that distinguish the semantic contribution to a psychological state made by its subject’s conception of its objects from that made by its actual objects; and (iii) privileged access, or psychological theories that grant human beings incorrigibility concerning some aspect of their own psyches.Part I reviews and synthesizes views that the author shares with Terry Penner: that all desire is for one’s own real (not apparent) good, so that an agent’s belief about what is overall best for her invariably guides her actions; that all human virtue is identical to wisdom; and that virtue, so understood, guarantees the greatest possible satisfaction of the desire for one’s own real good, and so makes one live as well as possible.Part II places the distinction among the good, the bad, and the neither-good-nor-bad (NGNB) at the center of Socratic ethics. On Reshotko’s reading, the only goods are virtue and happiness, and the only bads vice and misery. She does not adequately explain why all actions are NGNB (16, 173), even though actions are individuated by their actual consequences (34–36), so that every action is either good or bad (98). Virtue’s goodness is due to its stable nomological (not conceptual or logical) connection to happiness. This makes virtue the only unconditional, other-generated good, while happiness is the only unconditional, self-generated good—its goodness does not depend on any nomological relation it enters into.Part III provides more detail about virtue and happiness. First, Reshotko explains that virtue is wisdom because it is the science of human happiness, and that this science is identical to every other science. Strictly speaking, nobody knows anything without knowing everything, although some people do grasp “some parts of knowledge” (160). Reshotko advocates this view as a solution to the closing puzzles of the Charmides. Socrates and Critias cannot figure out how temperance benefits, first because they assume that it is knowledge [End Page 132] of all things except good and bad, and then because they assume that it is knowledge of good and bad in isolation from other sciences (173a–175a). But if Socratic wisdom is the structured grasp of everything, then their puzzle is resolved. Second, Reshotko claims that happiness is a life maximally composed of pleasures. While she is sympathetic with the view that happiness is composed of modal pleasures (see G. Rudebusch, Socrates, Pleasure, and Value, Oxford 1999), she concludes that sensate pleasures can also be parts of happiness (185n7).The book’s major flaw is its limited engagement with textual evidence that seems to tell against the author’s readings and its limited coverage of alternative interpretations from the secondary literature. I mention three striking examples here.First, Reshotko argues that harming others is inconsistent with self-benefit because of the likelihood of reciprocal harm (65–71). She then notes passages where Socrates speaks as though harming others harms one’s soul simply by making it more unjust, which makes vice sound like a self-generated bad. Gorgias 472c–481b is particularly problematic in this respect, since Socrates claims there that doing injustice is less painful (but worse) than suffering it. Reshotko tries to make such passages conform with her initial explanation: harming others tends to entrench false beliefs that harming others is consistent with self-benefit, which leads to more harm of others and so more reciprocal harm (71–72, 174). This may be workable, but absent more extensive argument, it seems like an ad hoc maneuver.Second, Reshotko wants to avoid giving... (shrink)

ABSTRACT Offsetting is a very ineffective way to do good. Offsetting your lifetime emissions may increase aggregated life expectancy by at most seven years, while giving the amount it costs to offset your lifetime emissions to a malaria charity saves in expectation the life of at least one child. Is there any moral reason to offset rather than giving to some charity that does good so much more effectively? There might be such a reason if your offsetting compensated or somehow (...) benefitted the victims of your emission, since that could mean that you would satisfy the duty not to harm others by emitting and offsetting. But that is typically not true. If your emission harms some person and your offsetting benefits some person, then these are most likely different people. Hence, I conclude, we have a stronger reason to give to effective charities than we have to offset our emissions. (shrink)

Polus admires orators for the tyrannical power they have. However, Socrates argues that orators and tyrants lack power worth having: the ability to satisfy one's wishes or wants (boulēseis). He distinguishes wanting from thinking best, and grants that orators and tyrants do what they think best while denying that they do what they want. His account is often thought to involve two conflicting requirements: wants must be attributable to the wanter from their own perspective (to count as their desires), but (...) wants must also be directed at objects that are genuinely good (in order for failure to satisfy them to matter). We offer an account of wanting as reflective, coherent desire, which allows Socrates to satisfy both desiderata. We then explain why he thinks that orators and tyrants want to act justly, though they do greater injustices than anyone else and so frustrate their own wants more than anyone else. (shrink)

I defend a weak version of the Pigou-Dalton principle for chances. The principle says that it is better to increase the survival chance of a person who is more likely to die rather than a person who is less likely to die, assuming that the two people do not differ in any other morally relevant respect. The principle justifies plausible moral judgements that standard ex post views, such as prioritarianism and rank-dependent egalitarianism, cannot accommodate. However, the principle can be justified (...) by the same reasoning that has recently been used to defend the core axiom of ex post prioritarianism and egalitarianism, namely, Pigou-Dalton for well-being. The arguably biggest challenge for proponents of Pigou-Dalton for chances is that it violates State Dominance for social prospects. However, I argue that we have independent reason for rejecting State Dominance for social prospects, since it prevents a social planner from properly respecting people's preferences. (shrink)

Catastrophic risk raises questions that are not only of practical importance, but also of great philosophical interest, such as how to define catastrophe and what distinguishes catastrophic outcomes from non-catastrophic ones. Catastrophic risk also raises questions about how to rationally respond to such risks. How to rationally respond arguably partly depends on the severity of the uncertainty, for instance, whether quantitative probabilistic information is available, or whether only comparative likelihood information is available, or neither type of information. Finally, catastrophic risk (...) raises important ethical questions about what to do when catastrophe avoidance conflicts with equity promotion. (shrink)