Short introduction to the V2 publication of "The War of Appearances: Transparency, Opacity, Radiance" (2016). An anthology with Matteo Pasquinelli, Luciana Parisi, Graham Harman, Tomas Saraceno, René ten Bos, Tim Morton, McKenzie Wark, Wim Delvoye, Diana Scherer, Paolo Cirio, Paul Frissen, and Willem Schinkel.

We have witnessed the athleticization of political discourse, whereby debate is treated like an athletic contest in which the aim is to vanquish one's opponents. When political discourse becomes a zero-sum game, it is characterized by suspicions, accusations, belief polarization, and ideological entrenchment. Unfortunately, athleticization is ailing the classroom as well, making it difficult for educators to prepare students to make valuable contributions to healthy civic discourse. Such preparation requires an educational environment that fosters the intellectual virtues that characterize an (...) examined life. This, in turn, requires an amicable and hospitable atmosphere in which a student enjoys the freedom to discover and articulate what she believes, how well her beliefs hang together, and what underlying assumptions or biases might be at work—without the fear that her self-disclosure will trigger immediate accusations and pigeonholing from fellow students. Educating for intellectual virtue is crucial for meeting these challenges and in this chapter we contribute to this strategy by offering some tools and guidance for promoting productive discussion of controversial issues. In the first two sections, we identify and explain two fallacious patterns of thought that often encumber discussion of controversial issues: assailment-by-entailment and the attitude-to-agent fallacy. In effect, these sections diagnose two diseases of discourse. We conclude each section with practical suggestions—in the form of thinking routines—for curing these ills. We will argue that part of the cure is to be found in the intellectual virtues. In particular, we will discuss how the virtues of intellectual charity, humility and carefulness can inoculate the mind against the fallacies we identify. (shrink)

Contemporary discourse is littered with nasty and derailed disagreements. In this paper we hope to help clean things up. We diagnose two patterns of thought that often plague and exacerbate controversy. We illustrate these patterns and show that each involves both a logical mistake and a failure of intellectual charity. We also draw upon recent work in social psychology to shed light on why we tend to fall into these patterns of thought. We conclude by suggesting how the intellectual virtues (...) can militate against these fallacies, focusing on the virtues of charity and humility. (shrink)

Objective: Compassion has been associated with eudaimonia and prosocial behavior, and has been regarded as a virtue, both historically and cross-culturally. However, the psychological study of compassion has been limited to laboratory settings and/or standard survey assessments. Here, we use an experience sampling method (ESM) to compare naturalistic assessments of compassion with standard assessments, and to examine compassion, its variability, and associations with eudaimonia and prosocial behavior. -/- Methods: Participants took a survey which included standard assessments of compassion and eudaimonia. (...) Then, over four days, they were repeatedly asked about their level of compassion, eudaimonia, and situational factors within the moments of daily life. Finally, prosocial behavior was tested using the Dual Gamble Task and an opportunity to donate task winnings. -/- Results: Analyses revealed within-person associations between ESM compassion and eudaimonia. ESM compassion also predicted eudaimonia at the next ESM time point. While not impervious to situational factors, considerable consistency was observed in ESM compassion in comparison with eudaimonia. Further, ESM compassion along with eudaimonia predicted donating behavior. Standard assessments did not. -/- Conclusion: Consistent with virtue theory, some individual’s reports displayed a probabilistic tendency toward compassion, and ESM compassion predicted ESM eudaimonia and prosocial behavior toward those in need. (shrink)

First published in 1995. Routledge is an imprint of Taylor & Francis, an informa company.

Both short and long-term video-game play may result in superior performance on visual and attentional tasks. To further these findings, we compared the performance of experienced male video-game players (VGPs) and non-VGPs on a Simon-task. Experienced-VGPs began playing before the age of 10, had a minimum of 8 years of experience and a minimum play time of over 20 h per week over the past 6 months. Our results reveal a significantly reduced Simon-effect in experienced-VGPs relative to non-VGPs. However, this (...) was true only for the right-responses, which typically show a greater Simon-effect than left-responses. In addition, experienced-VGPs demonstrated significantly quicker reaction times and more balanced left-versus-right-hand performance than non-VGPs. Our results suggest that experienced-VGPs can resolve response-selection conflicts more rapidly for right-responses than non-VGPs, and this may in part be underpinned by improved bimanual motor control. (shrink)

In December 2013, the Nonhuman Rights Project (NhRP) filed a petition for a common law writ of habeas corpus in the New York State Supreme Court on behalf of Tommy, a chimpanzee living alone in a cage in a shed in rural New York (Barlow, 2017). Under animal welfare laws, Tommy’s owners, the Laverys, were doing nothing illegal by keeping him in those conditions. Nonetheless, the NhRP argued that given the cognitive, social, and emotional capacities of chimpanzees, Tommy’s confinement constituted (...) a profound wrong that demanded remedy by the courts. Soon thereafter, the NhRP filed habeas corpus petitions on behalf of Kiko, another chimpanzee housed alone in Niagara Falls, and Hercules and Leo, two chimpanzees held in research facilities at Stony Brook University. Thus began the legal struggle to move these chimpanzees from captivity to a sanctuary, an effort that has led the NhRP to argue in multiple courts before multiple judges. The central point of contention has been whether Tommy, Kiko, Hercules, and Leo have legal rights. To date, no judge has been willing to issue a writ of habeas corpus on their behalf. Such a ruling would mean that these chimpanzees have rights that confinement might violate. Instead, the judges have argued that chimpanzees cannot be bearers of legal rights because they are not, and cannot be persons. In this book we argue that chimpanzees are persons because they are autonomous. (shrink)

The Planteome project provides a suite of reference and species-specific ontologies for plants and annotations to genes and phenotypes. Ontologies serve as common standards for semantic integration of a large and growing corpus of plant genomics, phenomics and genetics data. The reference ontologies include the Plant Ontology, Plant Trait Ontology, and the Plant Experimental Conditions Ontology developed by the Planteome project, along with the Gene Ontology, Chemical Entities of Biological Interest, Phenotype and Attribute Ontology, and others. The project also provides (...) access to species-specific Crop Ontologies developed by various plant breeding and research communities from around the world. We provide integrated data on plant traits, phenotypes, and gene function and expression from 95 plant taxa, annotated with reference ontology terms. (shrink)

In this brief, we argue that there is a diversity of ways in which humans (Homo sapiens) are ‘persons’ and there are no non-arbitrary conceptions of ‘personhood’ that can include all humans and exclude all nonhuman animals. To do so we describe and assess the four most prominent conceptions of ‘personhood’ that can be found in the rulings concerning Kiko and Tommy, with particular focus on the most recent decision, Nonhuman Rights Project, Inc v Lavery.

We submit this brief in support of the Nonhuman Rights Project’s efforts to secure habeas corpus relief for the elephant named Happy. The Supreme Court, Bronx County, declined to grant habeas corpus relief and order Happy’s transfer to an elephant sanctuary, relying, in part, on previous decisions that denied habeas relief for the NhRP’s chimpanzee clients, Kiko and Tommy. Those decisions use incompatible conceptions of ‘person’ which, when properly understood, are either philosophically inadequate or, in fact, compatible with Happy’s personhood.

Over the course of the last four decades, William Leon McBride has distinguished himself as one of the most esteemed and accomplished philosophers of his generation. This volume—which celebrates the occasion of his seventy-fifth birthday—includes contributions from colleagues, friends, and formers students and pays tribute to McBride’s considerable achievements as a teacher, mentor, and scholar.

. . Tom Beauchamp and David DeGrazia's principles do improve upon the 3Rs which don’t mention the need for benefits from animal experimentation, the need to compare these benefits to animal harms, and provide no hard limits on experimentation. -/- However, they present their principles as “useful” for people engaged in animal research and as a “philosophically sound” (p. 4) framework for a new ethic for animal research. Regrettably, I have doubts about both these overall claims and so am pessimistic (...) about the book. (shrink)

Sinema, genel olarak tüm sanat dalları, aynı anda hem bir sanat dalı ve politik-ekonomik bir kurumdur. Bir yanda elimizde hareketli imgeleri ışıkla selüloidden geçirerek ekrana yansıtan mecra film vardır. Tek tek filmler ise biçim ve içeriklerine göre birbirlerinden ayrılan ve analiz edilen münferit estetik objelerdir. Öte yanda ise film endüstrisi yer alır - filmleri planlayan, üreten, pazarlayan ve kitlelere izleten sanatsal, teknik ve ekonomik araçların oluşturduğu komplike ağ. Doğumundan bu yana sinemanın estetik ve politik açıları farklı formlarda birçok teorik analize (...) maruz kalmış, karşılığında bu analizler de çeşitli eleştirilerle irdelenmiştir. Bu metin bu analizlerin ve onlara yöneltilen eleştirilerin kısa bir incelemesini ve ardından film teorisine farklı bir yaklaşımın ana hatlarını sunacağım. Foucault ve Deleuze'ün fikirlerinden yola çıkan bu "anarşist" film teorisi, geçerli bir eleştirel metodoloji oluşturmanın yanısıra filmin özgürleştirici potansiyeline ışık tutmayı amaçlamaktadır. (shrink)

Brouwer's philosophy of mathematics is usually regarded as an intra-subjective, even solipsistic approach, an approach that also underlies his mathematical intuitionism, as he strived to create a mathematics that develops out of something inner and a-linguistic. Thus, points of connection between Brouwer's mathematical views and his views about and the social world seem improbable and are rarely mentioned in the literature. The current paper aims to challenge and change that. The paper employs a socially oriented prism to examine (...) Brouwer's views on the construction, use, and practice of mathematics. It focuses on Brouwer's views on language, his social interactions, and the importance of group context as they appear in the significs dialogues. It does so by exploring the establishment and dissolution of the significs movement, focusing on Gerrit Mannoury's influence and relationship with Brouwer and analyzing several fragments from the significs dialogues while emphasizing the role Brouwer ascribed to groups in forming and sharing new ideas. The paper concludes by raising two questions that challenge common historical and philosophical readings of intuitionism. (shrink)

Brouwer’s intuitionism was a far-reaching attempt to reform the foundations of mathematics. While the mathematical community was reluctant to accept Brouwer’s work, its response to later-developed brands of intuitionism, such as those presented by Hermann Weyl and Arend Heyting, was different. The paper accounts for this difference by analyzing the intuitionistic versions of Brouwer, Weyl, and Heyting in light of a two-tiered model of the body and image of mathematical knowledge. Such a perspective provides a richer account (...) of each story and points to a possible connection between the community’s reaction and the changes each mathematician had proposed. (shrink)

Nathan Hanna has recently addressed a claim central to my 2013 article ‘Must Punishment Be Intended to Cause Suffering’ and to the second chapter of my 2016 book An Expressive Theory of Punishment: namely, that punishment need not involve an intention to cause suffering. -/- Hanna defends what he calls the ‘Aim To Harm Requirement’ (AHR), which he formulates as follows. AHR: ‘an agent punishes a subject only if the agent intends to harm the subject’ (Hanna 2017 p969). I’ll (...) try to show in this note that Hanna’s latest attempts to defend AHR fail. I’ll start by setting out my own view, drawing attention to one significant, but perhaps understandable, misstatement of Hanna’s. I’ll then discuss two alleged counter-examples that Hanna presents to my view, and show that they both fail in their own terms. I’ll also argue that, given assumptions that Hanna is willing to make a scenario closely related to one that Hanna presents counts against AHR. I’ll then discuss how significant it would be if these counter-examples were successful. My view is that it wouldn’t matter much, and that anyone attracted to abolitionism should agree. I’ll conclude with a brief discussion of Hart, which may be of interest to enthusiasts and Hart scholars. (shrink)

Errett Bishop's work in constructive mathematics is overwhelmingly regarded as a turning point for mathematics based on intuitionistic logic. It brought new life to this form of mathematics and prompted the development of new areas of research that witness today's depth and breadth of constructive mathematics. Surprisingly, notwithstanding the extensive mathematical progress since the publication in 1967 of Errett Bishop's Foundations of Constructive Analysis, there has been no corresponding advances in the philosophy of constructive mathematics Bishop style. The aim of (...) this paper is to foster the philosophical debate about this form of mathematics. I begin by considering key elements of philosophical remarks by Bishop, especially focusing on Bishop's assessment of Brouwer. I then compare these remarks with ``traditional'' philosophical arguments for intuitionistic logic and argue that the latter are in tension with Bishop's views. ``Traditional'' arguments for intuitionistic logic turn out to be also in conflict with significant recent developments in constructive mathematics. This rises pressing questions for the philosopher of mathematics, especially with regard to the possibility of offering alternative philosophical arguments for constructive mathematics. I conclude with the suggestion to look anew at Bishop's own remarks for inspiration. (shrink)

The classical interpretation of mathematical statements can be seen as comprising two separate but related aspects: a domain and a truth-schema. L. E. J. Brouwer’s intuitionistic project lays the groundwork for an alternative conception of the objects in this domain, as well as an accompanying intuitionistic truth-schema. Drawing on the work of Arend Heyting and Michael Dummett, I present two objections to classical mathematical semantics, with the aim of creating an opening for an alternative interpretation. With this accomplished, I (...) then make the case for intuitionism as a suitable candidate to fill this void. (shrink)

In this Dissertation, we examine a handful of related themes in the philosophy of logic and mathematics. We take as a starting point the deeply philosophical, and—as we argue, deeply Kantian—views of L.E.J. Brouwer, the founder of intuitionism. We examine his famous first act of intuitionism. Therein, he put forth both a critical and a constructive idea. This critical idea involved digging a philosophical rift between what he thought of himself as doing and what he thought of his contemporaries, (...) specifically Hilbert, as doing. He sought to completely separate mathematics from mathematical language, and thereby logic. In chapter 3, we examine the philosophical foundations for this separation. Artemov Artemov (2001) articulates what we might think of as constructive propositional reasoning in a formal system that augments classical propositional logic with a theory of proofs. In doing this, instead of using just one type of object to characterize constructive reasoning, he uses two; propositions and proofs. In chapter 4, we explore the extent to which it might make sense to think of classical propositional reasoning as instead a theory that has two types of objects in the Artemov style. In chapters 5 and 6, we examine two specific case studies; we look at two philosophical phenomena that admit of formal characterizations and then propose those. In both cases, we focus on predicate style treatments of modality. (shrink)

Though the social world is real and objective, the way that social facts arise out of other facts is in an important way shaped by human thought, talk and behaviour. Building on recent work in social ontology, I describe a mechanism whereby this distinctive malleability of social facts, combined with the possibility of basic human error, makes it possible for a consistent physical reality to ground an inconsistent social reality. I explore various ways of resisting the prima facie case for (...) social inconsistency. I conclude, however, that the prima facie case survives scrutiny, and draw out some of the ramifications. (shrink)

The theory of collective agency and intentionality is a flourishing field of research, and our understanding of these phenomena has arguably increased greatly in recent years. Extant theories, however, are still ill-equipped to explain certain aspects of collective intentionality. In this article we draw attention to two such underappreciated aspects: the failure of the intentional states of collectives to supervene on the intentional states of their members, and the role of non-human factors in collective agency and intentionality. We propose a (...) theory of collective intentionality which builds on the ‘interpretationist’ tradition in metasemantics and the philosophy of mind as initiated by David Lewis and recently developed further by Robbie Williams. The collective-level analogue of interpretationism turns out to look different in some ways from the individual-level theory, but is well-suited to accommodating phenomena such as hybrid collective intentionality. Complemented with Kit Fine’s theory of variable embodiment, such a theory also provides a diachronic account of intentional collectives. (shrink)

On Kratzer’s canonical account, modal expressions (like “might” and “must”) are represented semantically as quantifiers over possibilities. Such expressions are themselves neutral; they make a single contribution to determining the propositions expressed across a wide range of uses. What modulates the modality of the proposition expressed—as bouletic, epistemic, deontic, etc.—is context.2 This ain’t the canon for nothing. Its power lies in its ability to figure in a simple and highly unified explanation of a fairly wide range of language use. Recently, (...) though, the canon’s neat story has come under attack. The challenge cases involve the epistemic use of a modal sentence for which no single resolution of the contextual parameter appears capable of accommodating all our intuitions.3 According to these revisionaries, such cases show that the canonical story needs to be amended in some way that makes multiple bodies of information relevant to the assessment of such statements. Here I show that how the right canonical, flexibly contextualist account of modals can accommodate the full range of challenge cases. The key will be to extend Kratzer’s formal semantic account with an account of how context selects values for a modal’s.. (shrink)

Many philosophers believe that luck egalitarianism captures “desert-like” intuitions about justice. Some even think that luck egalitariansm distributes goods in accordance with desert. In this paper, we argue that this is wrong. Desertism conflicts with luck egalitarianism in three important contexts, and, in these contexts, desertism renders the proper moral judgment. First, compared to desertism, luck egalitarianism is sometimes too stingy: it fails to justly compensate people for their socially valuable contributions—when those contributions arose from “option luck”. Second, luck egalitarianism (...) is sometimes too restrictive: it fails to justly compensate people who make a social contribution when that contribution arose from “brute luck”. Third, luck egalitarianism is too limited in scope: it cannot diagnose economic injustice arising independently of comparative levels of justice. The lesson of this paper is that luck egalitarians should consider supplementing their theory with desert considerations. Or, even better, consider desertism as a superior alternative to their theory. (shrink)

I defend the widely-held view that morally worthy action need not be motivated by a desire to promote rightness as such. Some have recently come to reject this view, arguing that desires for rightness as such are necessary for avoiding a certain kind of luck thought incompatible with morally worthy action. I show that those who defend desires for rightness as such on the basis of this argument misunderstand the relationship between moral worth and the kind of luck that their (...) argument employs. Consequently, the argument provides no reason to doubt the popular view that a desire for rightness as such is no part of virtue. I conclude by suggesting that a family of worries about merely accidentally right action presuppose one side of the recent debate about objectivism and perspectivism about moral rightness. (shrink)

According to “debunking arguments,” our moral beliefs are explained by evolutionary and cultural processes that do not track objective, mind-independent moral truth. Therefore (the debunkers say) we ought to be skeptics about moral realism. Huemer counters that “moral progress”—the cross-cultural convergence on liberalism—cannot be explained by debunking arguments. According to him, the best explanation for this phenomenon is that people have come to recognize the objective correctness of liberalism. Although Huemer may be the first philosopher to make this explicit empirical (...) argument for moral realism, the idea that societies will eventually converge on the same moral beliefs is a notable theme in realist thinking. Antirealists, on the other hand, often point to seemingly intractable cross-cultural moral disagreement as evidence against realism (the “argument from disagreement”). This paper argues that the trend toward liberalism is susceptible to a debunking explanation, being driven by two related non-truth-tracking processes. First, large numbers of people gravitate to liberal values for reasons of self-interest. Second, as societies become more prosperous and advanced, they become more effective at suppressing violence, and they create conditions where people are more likely to empathize with others, which encourages liberalism. The latter process is not truth tracking (or so this paper argues) because empathy-based moral beliefs are themselves susceptible to an evolutionary debunking argument. Cross-cultural convergence on liberalism per se does not support either realism or antirealism. (shrink)

Given any proposition, is it possible to have rationally acceptable attitudes towards it? Absent reasons to the contrary, one would probably think that this should be possible. In this paper I provide a reason to the contrary. There is a proposition such that, if one has any opinions about it at all, one will have a rationally unacceptable set of propositional attitudes—or if one doesn’t, one will end up being cognitively imperfect in some other manner. The proposition I am concerned (...) with is a self-referential propositional attitude ascription involving the propositional attitude of rejection. Given a basic assumption about what constitutes irrationality, and a few assumptions about the nature of cognitively ideal agents, a paradox results. This paradox is superficially like the Liar, but it is importantly different in that no alethic notions are involved at all. As such, it stands independent of the Liar and is not a ‘revenge’ version of it. After setting out the paradox I discuss possible responses. After considering several I argue that one is best off simply accepting that the paradox shows us something surprising and interesting about rationality: that some cognitive shortfall is unavoidable even for ideal agents. I argue that nothing disastrous follows from accepting this conclusion. (shrink)

Does the moral badness of pain depend on who feels it? A common, but generally only implicitly stated view, is that it does not. This view, ‘unitarianism’, maintains that the same interests of different beings should count equally in our moral calculus. Shelly Kagan’s project in How to Count Animals, more or less is to reject this common view, and develop an alternative to it: a hierarchical view of moral status, on which the badness of pain does depend on who (...) feels it. In this review essay, we critically examine Kagan’s argument for status hierarchy. In particular, we reject two of the central premises in his argument: that moral standing is ultimately grounded in agency and that unitarianism is overdemanding. We conclude that moral status may, despite Kagan’s compelling argument to the contrary, not be hierarchical. (shrink)

Epistemic trespassers judge matters outside their field of expertise. Trespassing is ubiquitous in this age of interdisciplinary research and recognizing this will require us to be more intellectually modest.

What determines whether an object is an artwork? In this paper I consider what I will call ‘social’ theories of art, according to which the arthood of objects depends in some way on the art-related social practices that we have. Though such a dependence claim is plausible in principle, social theories of art tend to unpack the determining link between artworks and social practices in terms of intentional relations between the objects in question and the people involved in the relevant (...) practices. This intentionalism has unappealing upshots. Drawing on two-dimensional approaches in social ontology, I show how social theories of art can be done differently, improving their prospects. (shrink)

Music and language are universal human abilities with many apparent similarities relating to their acoustics, structure, and frequent use in social situations. We might therefore expect them to be understood and processed similarly, and indeed an emerging body of research suggests that this is the case. But the focus has historically been on the individual, looking at the passive listener or the isolated speaker or performer, even though social interaction is the primary site of use for both domains. Nonetheless, an (...) important goal of emerging research is to compare music and language in terms of acoustics and structure, social interaction, and functional origins to develop parallel accounts across the two domains. Indeed, a central aim of both of evolutionary musicology and language evolution research is to understand the adaptive significance or functional origin of human music and language. An influential proposal to emerge in recent years has been referred to as the social bonding hypothesis. Here, within a comparative approach to animal communication systems, I review empirical studies in support of the social bonding hypothesis in humans, non-human primates, songbirds, and various other mammals. In support of this hypothesis, I review six research fields: (i) the functional origins of music; (ii) the functional origins of language; (iii) mechanisms of social synchrony for human social bonding; (iv) language and social bonding in humans; (v) music and social bonding in humans; and (vi) pitch, tone and emotional expression in human speech and music. I conclude that the comparative study of complex vocalizations and behaviors in various extant species can provide important insights into the adaptive function(s) of these traits in these species, as well as offer evidence-based speculations for the existence of “musilanguage” in our primate ancestors, and thus inform our understanding of the biology and evolution of human music and language. (shrink)

In this field questions arise which are certainly difficult; but as I listened last time to members of the group, I felt that the main difficulty perhaps lay in determining precisely what questions we are trying to answer. I have the conviction that if we could only say clearly what the questions are, the answers to them might not appear so elusive. So I have begun with a simple list of questions about discretion which in one form or another were, (...) as it seemed to me, expressed by the group last time. I may indeed have omitted something and inserted something useless: if so, no doubt I shall be informed of this later. The central questions then seem to me to be the following: 1. What is discretion, or what is the exercise of discretion? 2. Under what conditions and why do we in fact accept or tolerate discretion in a legal system? 3. Must we accept discretion or tolerate discretion, and if so, why? 4. What values does the use of discretion menace, and what values does it maintain or promote? 5. What can be done to maximize the beneficial operation of the use of discretion and to minimize any harm that it does? (shrink)

An introduction to the special issue of the Erasmus Journal for Philosophy and Economics: "On the Very Idea of a Just Wage".

Hume discusses the distinction of reason to explain how we distinguish things inseparable, and so identical, e.g., the color and figure of a white globe. He says we note the respect in which the globe is similar to a white cube and dissimilar to a black sphere, and the respect in which it is dissimilar to the first and similar to the second. Unfortunately, Hume takes these differing respects of resemblance to be identical with the white globe itself. Contradiction results, (...) undermining his theory of abstraction. The way out is apparently to admit an intrinsic complexity in even simple things. (shrink)

I argue that Davidson's conception of motivating reasons as belief-desire pairs suggests a model of normative reasons for action that is superior to the orthodox conception according to which normative reasons are propositions, facts, or the truth-makers of such facts.

The Counterfactual Comparative Account of Harm says that an event is overall harmful for someone if and only if it makes her worse off than she otherwise would have been. I defend this account from two common objections.

Nathan Salmon; XII*—How to Measure the Standard Metre, Proceedings of the Aristotelian Society, Volume 88, Issue 1, 1 June 1988, Pages 193–218.

The Substituted Judgment Standard for surrogate decision-making dictates that a surrogate, when making medical decisions on behalf of an incapacitated patient, ought to make the decision that the patient would have made if the patient had decisional capacity. Despite its intuitive appeal, however, SJS has been the target of a variety of criticisms. Most objections to SJS appeal to epistemic difficulties involved in determining what a patient would have decided in a given case. In this article, I offer an alternative (...) standard for surrogate decision-making that avoids these difficulties. I then offer an account of its theoretical underpinnings which shows that it preserves the central moral justification for SJS, namely, respect for patient autonomy. (shrink)

I’ll raise a problem for Retributivism, the view that legal punishment is justified on the basis of desert. I’ll focus primarily on Mitchell Berman’s recent defense of the view. He gives one of the most sophisticated and careful statements of it. And his argument is representative, so the problem I’ll raise for it will apply to other versions of Retributivism. His insights about justification also help to make the problem particularly obvious. I’ll also show how the problem extends to non-retributive (...) justifications of punishment. I’ll argue that Berman’s argument makes a questionable assumption about the standard of justification that justifications of punishment must meet to be successful. If we think about what it takes to justify punishment and reflect on the intuitions that retributivists appeal to, it turns out that the intuitions aren’t obviously up to the task. (shrink)