Thom Brooks criticizes utilitarian and retributive theories of punishment but argues that utilitarian and retributive goals can be incorporated into a coherent and unified theory of punitive restoration, according to which punishment is a means of reintegrating criminals into society and restoring rights. I point to some difficulties with Brooks’ criticisms of retributive and utilitarian theories, and argue that his theory of punitive restoration is not unified or coherent. I argue further that a theory attempting to capture the complex set (...) of rules and behaviors that constitute the practice of legal punishment cannot persuasively be unified and coherent: legitimate features of the practice advance goals and promote values that in some cases conflict. (shrink)

For generations, philosophers of punishment have sought to revise or combine established theories of punishment in a way that could reconcile the utilitarian aims of punishment with the demands of deontological justice. Victor Tadros’ recent work addresses the same problem, but answers it w it h an entirely original theory of punishment based on the duties criminals acquire by committing their crimes. The unexpected appearance of a new rationale for punishment has already inspired a robust dialogue between Tadros and his (...) critics on many of the individual claims that, linked together, comprise his argument. This critique focuses instead on Tadros’ theory as a whole and the methodology he uses to support it. It proposes that Tadros’ argumentative strategy can’t justify his rationale by virtue of (1) the extent and complexity of the moral reasoning he invokes, (2) the counter-intuitive results his theory produces in an array of specific cases, and (3) the superiority of a negative-retributivist account in which moral reasoning and intuitive judgments, and the principles and applications that f low from each, are coherent and mutually supportive. Victor Tadros responds to these arguments in an essay following this critique. (shrink)

T. M. Scanlon’s contractualism is a meta-ethical theory that explains moral motivation and also provides a conception of how to carry out moral deliberation. It supports non-consequentialism – the theory that both consequences and deontological considerations are morally significant in moral deliberation. Regarding the issue of punishment, non-consequentialism allows us to take account of the need for deterrence as well as principles of fairness, justice, and even desert. Moreover, Scanlonian contractualism accounts for permissibility in terms of justifiability: An act is (...) permissible if and only if it can be justified to everyone affected by it. This contractualist thesis explains why it is always impermissible to frame an innocent person, why vicarious punishment is impermissible, and why there has to be a cap on sentences. Contractualism therefore allows us to take deterrence as a goal of punishment without the excess of utilitarianism. This paper further argue that the resulting view is superior to pure retributivism. Finally, it shows why legal excuses and mitigation can be justified in terms of the notion of negative desert. (For access to this paper: http://www.tandfonline.com/eprint/sJ2JBVXkztyFMGmxS7tS/full ) . (shrink)

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

Methadone maintenance therapy is a cost-effective, evidence-based treatment for heroin dependence. In the USA, a majority of heroin-dependent offenders are forced to detox from methadone when incarcerated. Recent research published in The Lancet has demonstrated the negative health and economic outcomes associated with such policies. Methadone Continuation Versus Forced Withdrawal on Incarceration in a Combined US Prison and Jail: A Randomised, Open Label Trial. The Lancet, 386, 350–359). This novel evidence raises questions as to the justification for current policies (...) of forced detox in American prisons. Opponents of methadone provision in prisons might offer arguments from retributivism, resource allocation and curative effectiveness to justify their position. This article contends that these arguments do not stand up to ethical scrutiny. In light of this, we hold that American policymakers should reform criminal justice policies to allow the initiation and continuation of methadone treatment in correctional settings. This would be consistent with both international recommendations and the example set by a number of other Western countries. (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)

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

Many philosophers think that, when someone deserves something, it’s intrinsically good that she get it or there’s a non-instrumental reason to give it to her. Retributivists who try to justify punishment by appealing to claims about what people deserve typically assume this view or views that entail it. In this paper, I present evidence that many people have intuitions that are inconsistent with this view. And I argue that this poses a serious challenge to retributivist arguments that appeal to desert.

Published on Daily Philosophy 2021-10-18 Why do we have a criminal justice system? What could possibly justify the state punishing its citizens? Philosophers, scholars of law, politicians and others have proposed different justifications, one of them being retributivism: the view that we ought to give offenders the suffering that they deserve for harming others. However, intentionally harming other people and making them suffer is serious business. If we are to do this in the name of what’s right and good, (...) we better be very certain that what we do really is right and good. The so-called Epistemic Argument Against Retributivism calls this certainty into question. (shrink)

Consider the reaction of Trayvon Martin’s family to the jury verdict. They were devastated that George Zimmerman, the defendant, was found not guilty of manslaughter or murder. Whatever the merits of this outcome, what does the Martin family’s emotional reaction mean? What does it say about criminal punishment – especially the reasons why we punish? Why did the Martin family want to see George Zimmerman go to jail? And why were – and are – they so upset that he didn’t? (...) -/- This Article will argue for three points. First, what fuels this kind of outrage is vengeance: the desire to see defendants like George Zimmerman be forced to “pay” for the harms that they needlessly and culpably inflict on others. While this point may seem obvious, it isn’t. Most people repudiate revenge and therefore the notion that it plays any role in the criminal justice system. -/- Second, this attitude toward revenge is misguided and needs to change. We need to recognize that vengeance not only does but should play a significant role in motivating criminal punishment. Our vengeful reactions to harmful crimes are not ugly or shameful; on the contrary, they manifest a deep valuation of victims and a bitter denunciation of individuals who actively renounce this valuation through their criminal behavior. -/- Third, these two points have significant implications for the two main theories of criminal punishment: “retributivism,” which says that criminals should be punished in order to give them their “just deserts,” and “consequentialism,” which says that criminals should be punished in order to bring about such good consequences as deterrence, incapacitation, and rehabilitation. Traditionally, these two theories have been at war with one another. But I will show how recognizing revenge as a motivation and justification for punishment can help to end this war and bring these two theories together. (shrink)

a criminal, C, inflicts an injustice upon their Victim. thus C deserves to suffer an injustice: an excessive punishment.

"An eye for an eye will make the whole world blind." This quote, often attributed to Gandhi, suggests the illegitimacy of the retributive urge. On the other hand, many feel a strong intuitive sense that "justice must be served" and that violators of justice must be fittingly punished. In this paper I examine the urge for retributive justice and argue that, at its base, it is rooted in a profound desire to have a wrongdoer see the nature of his or (...) her wrongdoing, with the ultimate aim of inducing the repentance and reformation needed for a genuine healing of relationship. In this way, the urge for retributive justice may be seen as having, as its true end, the restoration of wholesome relations between wrongdoer and wronged. (shrink)

In a widely read essay, “For the Law, Neuroscience Changes Nothing and Everything,” Joshua Greene and Jonathan Cohen argue that the advance of neuroscience will result in the widespread rejection of free will, and with it – of retributivism. They go on to propose that consequentialist reforms are in order, and they predict such reforms will take place. We agree that retributivism should be rejected, and we too are optimistic that rejected it will be. But we don’t think (...) that such a development will have much to do with neuroscience – it won’t, because neuroscience is unlikely to show that we have no free will. We have two main aims in this paper. The first is to rebut various aspects of the case against free will. The second is to examine the case for consequentialist reforms. We take Greene and Cohen’s essay as a hobbyhorse, but our criticisms are applicable to neurodeterministic anti-free-willism in general. We first suggest that Greene and Cohen take proponents of free will to be committed to an untenable homuncular account of agency. But proponents of free will can dispense with such a commitment. In fact, we argue, it is Greene and Cohen who work with an overly simple account of free will. We sketch a more nuanced conception. We then turn to the proposal for consequentialist reforms. We argue that retributivism will fall out of favor not as a consequence of neuroscience-driven rejection of free will, but rather, as a result of a familiar feature of moral progress – the expanding circle of concern. In short, retributivism can and must die, but neuroscience will not kill it – humanity will. (shrink)

In this paper I argue for a theory of punishment I call Multilateral Retributivism. Typically retributive notions of justice are unilateral: focused on one person’s desert. I argue that our notions of desert are multilateral: multiple people are owed when a moral crime is committed. I argue that the purpose of punishment is communication with the end-goal of reconciling the offender to society. This leads me to conclude that the death penalty and life without parole are unjustified because they (...) necessarily cut communication short. (shrink)

Much of the recent philosophical discussion about free will has been focused on whether compatibilists can adequately defend how a determined agent could exercise the type of free will that would enable the agent to be morally responsible in what has been called the basic desert sense :5–24, 1994; Fischer in Four views on free will, Wiley, Hoboken, 2007; Vargas in Four views on free will, Wiley, Hoboken, 2007; Vargas in Philos Stud, 144:45–62, 2009). While we agree with Derk Pereboom (...) and others that the compatibilist’s burden should be properly understood as providing a compelling account of how a determined agent could be morally responsible in the basic desert sense, the exact nature of this burden has been rendered somewhat unclear by the fact that there has been no definitive account given as to what the basic desert sense of moral responsibility amounts to. In Sect. 1 we set out to clarify the compatibilist’s burden by presenting our account of basic desert moral responsibility—which we call retributivist desert moral responsibility for purposes of clarity—and explain why it is of central philosophical and practical importance to the free will debate. In Sect. 2 we employ a thought experiment to illustrate the kind of difficulty that compatibilists of any stripe are likely to encounter in attempting to explain how determined agents can exercise the kind of free will needed for retributivist desert moral responsibility. (shrink)

Retributive theories of punishment argue that punishing a criminal for a crime she committed is sufficient reason for a justified and morally permissible punishment. But what about when the state gets lucky in its decision to punish? I argue that retributive theories of punishment are subject to “Gettier” style cases from epistemology. Such cases demonstrate that the state needs more than to just get lucky, and as these retributive theories of punishment stand, there is no anti-luck condition. I’ll argue that (...) Gettier-style cases demonstrate an impermissible instance of punishment, even though they meet the conditions of retributive theories of punishment. Retributive theories are, therefore, too weak. The safety condition from epistemology provides the anti-luck condition needed for permissible punishment. I argue that two forms of retributivism, rights-forfeiture and what I call standard retributivism, are both subject to Gettier-style cases. Unlike the literature on standards of proof, this paper argues that safety is a condition on punishment itself, i.e., in all nearby possible worlds, the accuser must correctly accuse the convicted for the crime they actually committed. (shrink)

Retributivists are often thought to give 'deontological' theories of punishment, arguing that we should punish not for the beneficial consequences of doing so such as deterrence or incapacitation, but purely because justice demands it. Kant is often regarded as the paradigmatic retributivist. In some passages Kant does appear to give a deontological theory of punishment. For example, Kant insists that on an island where all the people were to leave the next day, forever dissolving and dispersing the community, the last (...) murderer in jail would have to have his execution carried out before the diaspora--justice demands it. In other passages, however, Kant defends punishment by appealing to its beneficial consequences. For example, after supposing that one man on a life raft pushes the other off to save his own life, Kant says that the former man should not be legally punished "because that punishment would have to be death, and it would be an absurd law that threatened death to one who refuses to die voluntarily in a dangerous situation." In this passage Kant's reasoning is that state laws, by threatening us with sanctions, are intended to prevent us from violating rights--the point of these laws is to deter. A law that imposes a punishment that could not deter is an absurd law. I argue that while Kant rejects consequentialism in thinking about moral actions, he distinguishes law and morality, and in the sphere of law, an action we take is to be justified by appealing to the good it yields. The point of legal punishment is to deter violations of rights and protect us from a state of nature in which no one's freedom is assured. Kant's theory of legal (as opposed to moral) punishment is not deontological. Nevertheless we can characterize his consequentialist theory of legal punishment as retributive in some sense. The paper then considers how the passages about punishment in which Kant invokes consequentialist thinking can be reconciled with other passages where he insists on punishment regardless of the consequences. (shrink)

Does communicative retributivism necessarily negate capital punishment? My answer is no. I argue that there is a place, though a very limited and unsettled one, for capital punishment within the theoretical vision of communicative retributivism. The death penalty, when reserved for extravagantly evil murderers for the most heinous crimes, is justifiable by communicative retributive ideals. I argue that punishment as censure is a response to the preceding message sent by the offender through his criminal act. The gravity of (...) punishment should be commensurate to the preceding criminal message, so that the offender can face up to the nature and significance of his crime. All murders are not the same. To measure up to the most evil and humanity-degrading murderous message, capital punishment should be the counter-message. Next, I argue that capital punishment does not necessarily violate human dignity. The death penalty and torture may both disrupt human dignity, yet in distinct ways. The death penalty terminates life, the vessel that holds together autonomy, while torture directly assaults autonomy. Torture is never permissible as a form of punishment. But death penalty, when used only on the extravagant evildoers, is justifiable, as life is thoroughly degraded by his own evil act. Further, I argue that mercy is integral to communicative retributivists’ theory of capital punishment. (shrink)

Précis of Rejecting Retributivism: Free Will, Punishment, and Criminal Justice (2022).

In this paper I confront what I take to be the crucial challenge for fictional realism, i.e. the view that fictional characters exist. This is the problem of accounting for the intuition that corresponding negative existentials such as ‘Sherlock Holmes does not exist’ are true (when, given fictional realism, taken literally they seem false). I advance a novel and detailed form of the response according to which we take them to mean variants of such claims as: there is no (...) concrete x such that x is Sherlock Holmes. (shrink)

Armstrong famously argued in favour of introducing totality facts in our ontology. Contrary to fully negative (absence) facts, totality facts yield a theory of “moderate” or “partial” negativity, which allegedly provides an elegant solution to the truthmaking problem of negative claims and, at the same time, avoids postulating (many) first-order absences. Friends of totality facts argue that partial negativity is (i) tolerable vis-à-vis the Eleatic principle qua mark of the real, and (ii) achieves a significant advantage in terms (...) of ontological parsimony. But are totality facts, which are partially negative, really more ontologically acceptable than fully negative facts? In this paper, we argue that, comparatively, the case for totality facts is weaker than commonly assumed and that, ultimately, the answer is negative. (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)

In this chapter, we address the roles that exemplars might play in a comprehensive response to epistemic injustice. Fricker defines epistemic injustices as harms people suffer specifically in their capacity as (potential) knowers. We focus on testimonial epistemic injustice, which occurs when someone’s assertoric speech acts are systematically met with either too little or too much credence by a biased audience. Fricker recommends a virtue­theoretic response: people who do not suffer from biases should try to maintain their disposition towards naive (...) testimonial justice, and those who find themselves already biased should cultivate corrective testimonial justice by systematically adjusting their credence in testimony up or down depending on whether they are hearing from someone whom they may be biased against or in favor of. We doubt that the prominent admiration­emulation model of exemplarism will be much use in this connection, so we propose two ways of learning from negative exemplars to better conduct one’s epistemic affairs. In the admiration­emulation model, both the identification of what a virtue is and the cultivation of virtues identified thusly proceed through the admiration of virtuous exemplars. We show that this model has serious flaws and argue for two alternatives: the envy­agonism model and the ambivalence­avoidance model. (shrink)

Lauritz Munch and Björn Lundgren have recently replied to a paper published by us in this journal. In our original paper, we defended a novel version of the so-called ‘control theory’ of the moral right to privacy. We argued that control theorists should define ‘control’ as what we coined ‘Negative Control’. Munch and Lundgren have recently provided a range of interesting and challenging objections to our view. Independently of each other, they give almost identical counterexamples to our definition of (...) Negative Control. In this comment, we show that while the counterexamples are genuine counterexamples, they do not force us to abandon the idea of Negative Control. Furthermore, we reply to two additional objections raised by Lundgren. One of these replies involves giving a new account of what the relation is between the concept of privacy and the right to privacy. (shrink)

We respond to Swinburne’s reply to our critique of his argument for the Resurrection by defending the relevance of our counterexamples to his claim that God does not permit grand deception. We reaffirm and clarify our charge that Swinburne ignores two crucial items of Negative Natural Theology (NNT)—that God has an exceptionally weak tendency to raise the dead and that even people with exemplary public records sometimes sin. We show, accordingly, that our total evidence makes it highly probable that (...) Jesus was not sinless, incarnate, or resurrected and that God has permitted massive deception regarding these defining Christian dogmas. (shrink)

There has been a particular emphasis on knowledge and competence as increasingly important resources for successful enterprises. This notion of knowledge is based on “positive knowledge” that knowing is merely a constructive, linear and accumulative process. We will introduce the notion of “negative knowledge” that involves “giving up” or “bracketing” knowledge in certain situations. When experts encounter something that is incompatible with their knowledge, they should be sensitive enough to recognise a new situation by suspending their action. In addition (...) to exploring the idea of “unlearning”, the paper introduces three other aspects of negative knowledge: “to know what we do not know”, “to know what not to do” and the value of failures. Negative knowledge seems to be possible, useful, and even necessary in expert organisations since old ways of thinking or knowing something often prevent us to see new potentials. (shrink)

Purpose. The research is aimed at determining the influence of negative ethical emotions on social life and the activity of the individual, which involves solving the following problems: a) to find out approaches to the typology of ethical emotions, b) to highlight individual negative ethical emotions and to determine their ability to influence human behaviour. Theoretical basis. The theoretical and methodological basis of the research is the recognition of the significant influence of negative emotions on human activity (...) in society. In this regard, it is proposed to consider them as a complex multidisciplinary phenomenon, which is predetermined by both social and personal factors of origin and has a certain specificity of objectification. Originality. The authors determined that in addition to destructive effects on a person of negative emotions, they can also have a constructive effect on person’s behaviour, due primarily to the fact that a person does not want to experience these emotions and therefore tries to avoid situations they cause. Conclusions. The ethical emotions of guilt, embarrassment, anger, disgust and contempt can affect, through the cognitive aspect of the emotional process, the decision-making process of people when they predict situations in which they risk to feel such emotions. So the emotion of guilt creates a constructive setup aimed at correcting inappropriate social norms of human behaviour. The emotion of embarrassment motivates a person to behave more benevolently in society in order to integrate in it and get its approval, thus encouraging the person to adhere to social and moral agreements and norms. The emotion of anger motivates a person to act to eliminate injustice, herewith not only in relation to himself, but also in relation to others. Rejecting those people who cause moral and social aversion, society creates a system of punishments and rewards that acts as a strong deterrent to the socio-cultural behaviour. The emotion of contempt performs the function of preventing punishment in relation to the despised individual. (shrink)

According to the truthmaker theory that we favour, all contingent truths are made true by existing facts or states of affairs. But if that is so, then it appears that we must accept the existence of the negative facts that are required to make negative truths (such as 'There is no hippopotamus in the room.') true. We deny the existence of negative facts, show how negative truths are made true by positive facts, point out where the (...) (reluctant) advocates of negative facts (Russell, Armstrong, et al.) went wrong, and demonstrate the superiority of our solution to the alternatives. (shrink)

“Negative probability” in practice. Quantum Communication: Very small phase space regions turn out to be thermodynamically analogical to those of superconductors. Macro-bodies or signals might exist in coherent or entangled state. Such physical objects having unusual properties could be the basis of quantum communication channels or even normal physical ones … Questions and a few answers about negative probability: Why does it appear in quantum mechanics? It appears in phase-space formulated quantum mechanics; next, in quantum correlations … and (...) for wave-particle dualism. Its meaning:- mathematically: a ratio of two measures (of sets), which are not collinear; physically: the ratio of the measurements of two physical quantities, which are not simultaneously measurable. The main innovation is in the mapping between phase and Hilbert space, since both are sums. Phase space is a sum of cells, and Hilbert space is a sum of qubits. The mapping is reduced to the mapping of a cell into a qubit and vice versa. Negative probability helps quantum mechanics to be represented quasi-statistically by quasi-probabilistic distributions. Pure states of negative probability cannot exist, but they, where the conditions for their expression exists, decrease the sum probability of the integrally positive regions of the distributions. They reflect the immediate interaction (interference) of probabilities common in quantum mechanics. (shrink)

Some philosophers think that the challenge of justifying punishment can be met by a theory that emphasizes the expressive character of punishment. A particular type of theories of this sort - call it Expressive Retributivism [ER] - combines retributivist and expressivist considerations. These theories are retributivist since they justify punishment as an intrinsically appropriate response to wrongdoing, as something wrongdoers deserve, but the expressivist element in these theories seeks to correct for the traditional obscurity of retributivism. Retributivists often (...) rely on appeals to controversial intuitions involving obscure concepts. While retributive intuitions can be compelling, some worry that the justificatory challenge cannot be met merely by appealing to them. ER tries to enhance the clarity and justificatory power of these intuitions and the concepts they invoke by appealing to an expressive conception of punishment. I argue that these theories fail to justify punishment and that there is reason to think that they cannot, in principle, justify punishment. (shrink)

Philosophers generally agree that gratitude, the called-for response to benevolence, includes positive feelings. In this paper, I argue against this view. The grateful beneficiary will have certain feelings, but in some contexts, those feelings will be profoundly negative. Philosophers overlook this fact because they tend to consider only cases of gratitude in which the benefactor’s sacrifice is minimal, and in which the benefactor fares well after performing an act of benevolence. When we consider cases in which a benefactor suffers (...) severely, we see the feelings associated with gratitude can be negative, and even quite painful. I conclude with a discussion of the implications negative feelings of gratitude have for the normative question of when gratitude is owed, and for the descriptive claim in positive psychology that gratitude enhances wellbeing. (shrink)

Negative facts get a bad press. One reason for this is that it is not clear what negative facts are. We provide a theory of negative facts on which they are no stranger than positive atomic facts. We show that none of the usual arguments hold water against this account. Negative facts exist in the usual sense of existence and conform to an acceptable Eleatic principle. Furthermore, there are good reasons to want them around, including their (...) roles in causation, chance-making and truth-making, and in constituting holes and edges. (shrink)

The tradition of negative theology has very deep roots which go back to the Late Greek Antiquity and the Early Christian period. Although Dionysius is usually regarded as “the Father” of negative theology, yet he has not initiated a revolution in the religious philosophy, but rather brought together various elements of thinking regarding the knowledge of God and built a system which is a synthesis of Platonic, neo-Platonic and Christian ideas. The aim of this article is to illustrate (...) the views of some more modern theologians on the nature, types and levels of apophaticism in the Greek Patristic tradition, trying to establish the role that negation can play in facilitating man’s attaining to the knowledge of God. (shrink)

The problem of truthmakers for negative propositions was introduced by Bertrand Russell in 1918. Since then the debate has mostly been concerned with whether to accept or reject their existence, and little has been said about what it is that makes a negative proposition negative. This is a problem as it is obvious that you cannot just read it off from the grammar of a sentence. The aim of this paper is to demonstrate that propositions may be (...) negative or positive in many ways: it offers a typology, and shows how the question of the existence of negative facts will receive a different answer depending on its relationship to that typology. (shrink)

A major part of Ordinary Aesthetics has been to include the traditionally marginalized aesthetic categories excluded when studying beauty, truth, and goodness. These “negative aesthetics” are implicated in the construction, presentation, and sustenance of marginalized identities. For the purposes of my article, I will be focusing on the effort to incorporate the aforementioned in the study of aesthetics, essentially arguing for them to be inherently valuable and not for the sake of producing a “positive.” To this end and keeping (...) up with the thrust to include other traditions within aesthetics, my article will explore certain strands of Sufi poetry, namely the tradition of Qalandariyat, which present marginalized social identities to our awareness and not for the sake of changing or improving them. I will present some samples from the Persian poetry of Hafez and Rumi, as well as Punjabi couplets of Bulleh Shah and Shah Hussain, for a hermeneutic study that grounds the aesthetics of their Qalandari-themed literature in the usage of “negative” aesthetic categories. This exercise contains the promise of expanding the horizons for our field of sensibilities, by engaging with those social identities that have remained outside them and that too on their own terms. (shrink)

In contemporary literature, the fact that there is negative causation is the primary motivation for rejecting the physical connection view, and arguing for alternative accounts of causation. In this paper we insist that such a conclusion is too fast. We present two frameworks, which help the proponent of the physical connection view to resist the anti-connectionist conclusion. According to the first framework, there are positive causal claims, which co-refer with at least some negative causal claims. According to the (...) second framework, negative causal claims are generated from mapping and comparing different scenarios, which can fully be accounted for in purely positive terms. Since the positive causal claims evoked by both frameworks pose no obvious difficulties for the physical connection view, these frameworks make it possible for the connectionists to accommodate negative causal claims into their theory. Once these strategies are available, the connectionists become able to render all the arguments starting from the observation that there are negative causal claims in our causal discourse inconclusive with regard to the viability of the physical connection view. (shrink)

PURPOSE—A substantial fraction of the observations made by clinicians and entered into patient records are expressed by means of negation or by using terms which contain negative qualifiers (as in “absence of pulse” or “surgical procedure not performed”). This seems at first sight to present problems for ontologies, terminologies and data repositories that adhere to a realist view and thus reject any reference to putative non-existing entities. Basic Formal Ontology (BFO) and Referent Tracking (RT) are examples of such paradigms. (...) The purpose of the research here described was to test a proposal to capture negative findings in electronic health record systems based on BFO and RT. METHODS—We analysed a series of negative findings encountered in 748 sentences taken from 41 patient charts. We classified the phenomena described in terms of the various top-level categories and relations defined in BFO, taking into account the role of negation in the corresponding descriptions. We also studied terms from SNOMED-CT containing one or other form of negation. We then explored ways to represent the described phenomena by means of the types of representational units available to realist ontologies such as BFO. RESULTS—We introduced a new family of ‘lacks’ relations into the OBO Relation Ontology. The relation lacks_part, for example, defined in terms of the positive relation part_of, holds between a particular p and a universal U when p has no instance of U as part. Since p and U both exist, assertions involving ‘lacks_part’ and its cognates meet the requirements of positivity. CONCLUSION—By expanding the OBO Relation Ontology, we were able to accommodate nearly all occurrences of negative findings in the sample studied. (shrink)

Surányi (2006) observed that Hungarian has a hybrid (strict + non-strict) negative concord system. This paper proposes a uniform analysis of that system within the general framework of Zeijlstra (2004, 2008) and, especially, Chierchia (2013), with the following new ingredients. Sentential negation NEM is the same full negation in the presence of both strict and non-strict concord items. Preverbal SENKI `n-one’ type negative concord items occupy the specifier position of either NEM `not' or SEM `nor'. The latter, SEM (...) spells out IS `too, even’ in the immediate scope of negation; it is a focus-sensitive head on the clausal spine. SEM can be seen as an overt counterpart of the phonetically null head that Chierchia dubs NEG; it is capable of invoking an abstract (disembodied) negation at the edge of its projection. (shrink)

The appearance of negative terms in quasiprobability representations of quantum theory is known to be inevitable, and, due to its equivalence with the onset of contextuality, of central interest in quantum computation and information. Until recently, however, nothing has been known about how much negativity is necessary in a quasiprobability representation. Zhu :120404, 2016) proved that the upper and lower bounds with respect to one type of negativity measure are saturated by quasiprobability representations which are in one-to-one correspondence with (...) the elusive symmetric informationally complete quantum measurements. We define a family of negativity measures which includes Zhu’s as a special case and consider another member of the family which we call “sum negativity.” We prove a sufficient condition for local maxima in sum negativity and find exact global maxima in dimensions 3 and 4. Notably, we find that Zhu’s result on the SICs does not generally extend to sum negativity, although the analogous result does hold in dimension 4. Finally, the Hoggar lines in dimension 8 make an appearance in a conjecture on sum negativity. (shrink)

Punishment stands in need of justification because it involves intentionally harming offenders. Trust-based retributivists attempt to justify punishment by appeal to the offender’s violation of the victim’s trust, maintaining that the state is entitled to punish offenders as a means of restoring conditions of trust to their pre-offense levels. I argue that trust-based retributivism fails on two counts. First, it entails the permissibility of punishing the legally innocent and fails to justify the punishment of some offenders. Second, it cannot (...) satisfactorily explain why it is morally permissible for the government to intentionally harm offenders. (shrink)

Two competing models of metaaxiological justification of politics are analyzed. Politics is understood broadly, as actions which aim at organizing social life. I will be, first of all, interested in law making activities. When I talk about metaaxiological justification I think not so much about determinations of what is good, but about determinations refering to the way the good is founded, in short: determinations which answer the question why something is good. In the first model, which is described here as (...) objectivistic, it is assumed that determining that which is good is a matter of cognition; in the second model, which could be described here as voluntaristic or excedingly liberal, it is assumed that determining good is not a matter of cognition but of will – something is good because it is wanted. In the latter model, the cognoscibility of good is rejected and therefore the objective criteria for evaluation of which ‘will’ is better and which is worse are rejected. As a consequence, negative freedom becomes the fundamental value of social order and the basic requirement is that of maximizing the sphere of individual’s free actions, the sphere which is free from interference of other individuals or institutions. I am going to argue that none of these models is acceptable as a basis of oragnizing social life, and at least because of one reason. Each of them leads to a certain version of totalitarianism. In the conclusion I am going to present a mixed model, which, in my opinion, reflexes well the practice of democratic states. Analysis of these three models allows, first of all, to identify more clearly some of the problems appearing in making law, including procedural questions. By pointing at the interdependence of the foundations of good and law making procedures it is argued that the choice of the concept of good (a metaaxiological choice) is primary to the choice of law making procedures. (shrink)

The correct identification of the abuse of political power during the COVID-19 crisis remains a challenge because officially declaring the pandemic allowed political representatives to exercise additional power disguisable as the maintenance of functioning social order under the principle of preserving humankind. One way to observe the abuse of power in its excess is the degree of compliance exhibited by the people who laid juridical restrictions for the purpose of combating COVID-19. The behaviour of political representatives was evidence of political (...) exceptionalism, for political representatives, as decisive authorities, were the first to disregard measures introduced without suffering negative consequences. Such abuse catalysed the collapse of trust in state communities, but has for its true result the consolidation of the class system in which the ethical value of trust is played out. In this paper, I discuss how the behaviour of state representatives demonstrates the existence of political exceptionalism based on the class system and what this means for the persistence of national trust. (shrink)

Reasoning from negative evidence takes place where an expected outcome is tested for, and when it is not found, a conclusion is drawn based on the significance of the failure to find it. By using Gricean maxims and implicatures, we show how a set of alternatives, which we call a paradigm, provides the deep inferential structure on which reasoning from lack of evidence is based. We show that the strength of reasoning from negative evidence depends on how the (...) arguer defines his conclusion and what he considers to be in the paradigm of negated alternatives. If we negate only two of the several possible alternatives, even if they are the most probable, the conclusion will be weak. However, if we deny all possible alternatives, the reasoning will be strong, and even in some cases deductively valid. (shrink)

An influential argument due to Elliott Sober, subsequently strengthened by Denis Walsh and Joel Pust, moves from plausible premises to the bold conclusion that natural selection cannot explain the traits of individual organisms. If the argument were sound, the explanatory scope of selection would depend, surprisingly, on metaphysical considerations concerning origin essentialism. I show that the Sober-Walsh-Pust argument rests on a flawed counterfactual criterion for explanatory relevance. I further show that a more defensible criterion for explanatory relevance recently proposed by (...) Michael Strevens lends support to the view that natural selection can be relevant to the explanation of individual traits. (shrink)

This paper tries to reconstruct Ernst Cassirer's potential reception of the EPR argument, as exposed by Einstein in his letter to Cassirer of March 1937. It is shown that, in conformity with his transcendental epistemology taking the conditions of accessibility as constitutive of the quantum object, Cassirer would probably have rejected the argument. Indeed, Cassirer would probably not have subscribed to its separability/local causality presupposition (which goes against his interpretation of the quantum formalism as a self-suf!cient condition constitutive of the (...) quantum object, without any reliance on spatial intuition), nor to its completeness requirement (as his partial endorsement of Bohr's complementarity, and his rejection of the Kantian "idea of complete determination", illustrate). By rejecting both of its premises, Cassirer's philosophy of physics thus enables to escape the EPR dilemma, and exhibits what, in Kantian terms, might be called a "negative utility" with respect to physical science. A further investigation of the anti-reductionist utility of Cassirer's systematic philosophy with respect to physics and other "symbolic forms" is !nally suggested. (shrink)

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 aesthetics of body and dress are in a continuous flux. The body, being the locus where fashion challenges the traditional norms, escapes from the narrow boundaries of the conventionally beautiful; the disgusting soma, in the realm of Negative Aesthetics, takes its place. In this paper, I attempt to define what is disgusting fashion and how can contribute to the deliberation of the body from the restricting margins of the aesthetically beautiful. The distorted imagery of the feminine soma is (...) the center of the analysis of the non-beautiful as an aesthetically pleasing phenomenon. Different examples of repulsive clothing are analyzed from a philosophical point of view, in order to understand the relation between the negative emotional responses towards disgusting fashion and its aesthetic value. -/- . (shrink)