We are living through an era of increased robotisation. Some authors have already begun to explore the impact of this robotisation on legal rules and practice. In doing so, many highlight potential liability gaps that might arise through robot misbehaviour. Although these gaps are interesting and socially significant, they do not exhaust the possible gaps that might be created by increased robotisation. In this article, I make the case for one of those alternative gaps: the retribution gap. This gap (...) arises from a mismatch between the human desire for retribution and the absence of appropriate subjects of retributive blame. I argue for the potential existence of this gap in an era of increased robotisation; suggest that it is much harder to plug this gap than it is to plug those thus far explored in the literature; and then highlight three important social implications of this gap. (shrink)

Robotization is an increasingly pervasive feature of our lives. Robots with high degrees of autonomy may cause harm, yet in sufciently complex systems neither the robots nor the human developers may be candidates for moral blame. John Danaher has recently argued that this may lead to a retribution gap, where the human desire for retribution faces a lack of appropriate subjects for retributive blame. The potential social and moral implications of a retribution gap are considerable. I argue (...) that the retributive intuitions that feed into retribution gaps are best understood as deontological intuitions. I apply a debunking argument for deontological intuitions in order to show that retributive intuitions cannot be used to justify retributive punishment in cases of robot harm without clear candidates for blame. The fundamental moral question thus becomes what we ought to do with these retributive intuitions, given that they do not justify retribution. I draw a parallel from recent work on implicit biases to make a case for taking moral responsibility for retributive intuitions. In the same way that we can exert some form of control over our unwanted implicit biases, we can and should do so for unjustifed retributive intuitions in cases of robot harm. (shrink)

Danaher (2016) has argued that increasing robotization can lead to retribution gaps: Situation in which the normative fact that nobody can be justly held responsible for a harmful outcome stands in conflict with our retributivist moral dispositions. In this paper, we report a cross-cultural empirical study based on Sparrow’s (2007) famous example of an autonomous weapon system committing a war crime, which was conducted with participants from the US, Japan and Germany. We find that (i) people manifest a considerable (...) willingness to hold autonomous systems morally responsible, (ii) partially exculpate human agents when interacting with such systems, and that more generally (iii) the possibility of normative responsibility gaps is indeed at odds with people’s pronounced retributivist inclinations. We discuss what these results mean for potential implications of the retribution gap and other positions in the responsibility gap literature. (shrink)

Early Confucians viewed their world in an anthropocentric way – man was an embodiment of the cosmos and embodied the virtues of benevolence and righteousness. By the early medieval period (220–589), though, Confucian tales of virtuous animals flourished, betraying that Confucian attitudes towards animals had changed: the moral boundaries between animals and humans were fluid and beasts could serve as exemplars for humans. One of the few early medieval Confucian thinkers who spoke at length about animals was He Chengtian 何承天 (...) (370–447), a famed historian, astronomer, classical scholar, musicologist, and numerologist. His view of what separates humans from animals emerges from letters and essays he wrote attacking Buddhism. To refute the idea that humans and animals are both sentient beings, he espoused the old belief that people had a privileged place in the universe because of their moral excellence. Moreover, even though there was a gap between sages and ordinary humans, the latter were still ethically superior to beasts. In addition, for him, meateating was both a natural and sacred activity. Ironically, man’s benevolence and righteousness are most visible in the humane ways that Confucians wanted people to hunt and fish. He Chengtian’s opposition to Buddhism thus seems to have pushed him to a more extreme view of animals than his contemporaries. Nevertheless, his attempt to refute the idea of karmic retribution through an example taken from the animal kingdom betrays that he saw humans and non-human animals on a more equal footing than he cared to admit. (shrink)

The Laws of Armed Conflict require that war crimes be attributed to individuals who can be held responsible and be punished. Yet assigning responsibility for the actions of Lethal Autonomous Weapon...

The article discusses retributive justice and punitive restraint in response to the worst types of crime. I take the Breivik Case as a starting point. Anders Behring Breivik was sentenced to 21 years of preventive detention for killing 69 people, mainly youths, at Utøya and 8 people in Oslo on July 22nd, 2011. Retributivist theories as well as commonly held retributive intuitions suggest that much harsher punishment is required for such crimes. According to some retributivist theories, most notably on the (...) influential theories of Kant and Hegel, the death penalty is warranted for murderers like Breivik. This suggests that the rationale for punitive restraint in a case like the Breivik Case can only be found in forward- looking, consequentialist theories of punishment, or by adding to retributivist theories a side-constraint in the form of a principle of parsimony. However, I argue that if we look closer at the function of punishment in the retributivist theories of Kant and Hegel, they too imply a rationale for punitive restraint, even for such horrific crimes as here discussed. Against Kant and Hegel’s own views on the death penalty, I argue that their broader “freedom theories” of retributive justice do not imply the justice of the death penalty or life imprisonment. In the last part of the article, I explore differences in the concepts of freedom entailed by Kant and Hegel’s theories, and I relate these to some of the background factors relevant to the Breivik Case. (shrink)

Retributive theories of punishment hold that moral desert is a necessary and sufficient condition for punishment. This principle has been justified in light of rectifying a 'balance of justice' upset by wrongdoing. Many opposed to retributivism, such as Nussbaum, have argued such a ‘balance’ is nothing more than ‘magical’ thinking and retributivism is, in fact, positively harmful. On the contrary, I will argue that there is a compelling way to make sense of that intuition. The Chinese Neo-Confucian tradition and medieval (...) Latin theologian Thomas Aquinas hold that moral wrongs upset a normative order of relationships and, in this respect, disrupt the order that ought to exist in the human community. Despite criticisms that retributivism about punishment requires outlandish metaphysical assumptions, I therefore propose the theory remains plausible without any such appeal. (shrink)

Critical analysis of wide variety of conceptions and justifications of retribution and punishment. Emphasis is on pivotal role of condemnation.

It is not usually morally permissible to desire the suffering of another person, or to act so as to satisfy this desire; that is, to act with the aim of bringing about suffering. If the retributive emotions, and the retributive responses of which they are a part, are morally permitted or even required, we will need to see what is distinctive about them. One line of argument in this paper is for the conclusion that a retributive desire for the suffering (...) of the wrong-doer, and the aim to bring this about, can (contra recent arguments from Hanna 2008) be morally justified. -/- It has been suggested that by reflecting on the role of the retributive emotions in interpersonal relationships, and the alleged legitimacy of the aim for the suffering of the wrong-doer within them, support can be garnered for retributive practices of punishment by the state (Duff 1986 and 2001, Bennett 2002 and 2003). The conclusion of the second line of argument in the paper is that whilst the retributive responses can permissibly aim at suffering, the way in which this is so in interpersonal relationships cannot provide support for retributive state punishment. (shrink)

This chapter as the whole book are a result of a Globethics conference in March 2018 at the Catholic University of East Africa (CUEA) in Kenya, focused on the integration of Ethics in Higher Education. The book captures the potential for sharing of knowledge, and triggering interdisciplinary collaboration and research across a wide variety of issues ranging from research practice, religion, entrepreneurship, leadership, fundraising and corruption. While some of the chapters focus on the understanding of ethics and its relationship with (...) the various other aspects of life, others concentrate on the methods and strategies of effectively teaching ethics. Our chapter is concerned by the ways research practices and the value of integrity might be at risk, in very limited situations. We have good hope that responsible answers and proportionate reason-based actions in confronting some of these risks - as with plagiarism - can protect the giving virtues necessary for dynamical and effective research processes, which are all ultimately built on the value of trust. (shrink)

Considering public moral attitudes is a hallmark of the anticipatory governance of emerging biotechnologies, such as heritable human genome editing. However, such anticipatory governance often overlooks that future morality is open to change and that future generations may perform different moral assessments on the very biotechnologies we are trying to govern in the present. In this article, we identify an ’anticipatory gap’ that has not been sufficiently addressed in the discussion on the public governance of heritable genome editing, namely, uncertainty (...) about the moral visions of future generations about the emerging applications that we are currently attempting to govern now. This paper motivates the relevance of this anticipatory gap, identifying the challenges it generates and offering various recommendations so that moral uncertainty does not lead to governance paralysis with regard to human germline genome editing. (shrink)

Libertarians typically object to having the state deal with law and order for several general reasons: it is inefficient; it is carried out at the expense of taxpayers; and it punishes so-called victimless crimes. Exactly what the observance of liberty implies with respect to the treatment of tortfeasors and criminals is more controversial among libertarians. A pure theory of libertarian restitution and retribution is mainly what is attempted here, without becoming involved in general moral anti-state arguments. However, the pure (...) theory alone will raise practical problems that require immediate response if the theory is to appear at all plausible. (shrink)

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

In fairy tales, villains usually come to a bad end, snared in a trap of their own making, or visited with a disaster nicely suited to their particular villainy. Read a story of this kind to children and you will be struck by the profound satisfaction with which this predictable of events is greeted. Yet, if children cheer when the villain is done in, they are just as satisfied when the hero manages to get the villain by the throat but (...) takes pity and spares him. These tales of retribution and mercy, even reduced to their barest bones, seem to have an intrinsic significance; they strike some inner chord, resonate with something fundamental in our inarticulate understanding of the world, reveal something about the basic make-up of the world. This is not to suggest that they are 'realistic' in the ordinary sense. They do not tell us what 'really happens' in the world of experience, where the villain all too often flourishes and the innocent are trampled underfoot. Rather, fairy tales reveal to us the injustice of the human world by testifying to the true nature of justice. If we did not know that villains ought to get their comeuppance, we would have no reason to think it wrong that they often escape to enjoy their spoils. Tales of retribution and mercy speak of the reality of a world beyond the world of everyday experience; so doing, they show the world of experience in its true light. In the best sense of the word, they are 'myths': stories that, even when told in their simplest form, carry a profound inner significance. (shrink)

Recent empirical work suggests that emotions are responsible for anti-consequentialist intuitions. For instance, anger places value on actions of revenge and retribution, value not derived from the consequences of these actions. As a result, it contributes to the development of retributive intuitions. I argue that if anger evolved to produce these retributive intuitions because of their biological consequences, then these intuitions are not a good indicator that punishment has value apart from its consequences. This severs the evidential connection between (...) retributive intuitions and the retributive value of punishment. This argument may generalize to other deontological intuitions and theories. (shrink)

The spread of misinformation and fake news raises important problems for our society and for our democracy. From the January 6 attack on the U.S. Capitol to vaccine hesitancy, from suppressing voter turnout to peddling conspiracy theories, we know that these problems are real and need to be taken seriously. While misinformation is not a new problem for democracy, it can spread more quickly and easily because of new media’s design and popularity. Given these problems, it is encouraging that some (...) technology companies are taking steps to reduce the spread of misinformation and fake news on the platforms they manage. Despite this seemingly positive development, some scholars have criticized some interventions designed to combat the spread of misinformation and fake news as paternalistic. For example, a 2019 Facebook intervention called Click-Gap aimed to reduce the amount of low-quality content (including fake news and misinformation) that users see on their NewsFeed. Click-Gap has been criticized as an instance of epistemic paternalism because it was adopted (1) with the goal of improving the epistemic status of its users and (2) irrespective of what the company believed the wishes of its users to be. If interventions like Click-Gap are problematic because paternalistic, those of us interested in the ethics of technology would face a dilemma—either endorse technology companies treating their users paternalistically or endorse their failing to act to combat the spread of misinformation and fake news on their platforms. Both options seem to me to be problematic. While paternalism may sometimes be permissible, I think we should be very hesitant to endorse a paternalistic relationship between technology companies and their users. The relationship does not seem to bear the right sort of structure to one in which paternalism might be appropriate, if it ever is. The second option seems, if anything worse: surely technology companies should not stand by and change nothing about their platforms despite the spread of misinformation and fake news in those spaces. In this paper, I argue that Click-Gap and interventions like it are not paternalistic, contrary to the conclusion of other scholars. Further, I will argue that the focus on paternalism itself is actually a red herring here. While not just any intervention or strategy that purports to reduce fake news and misinformation is permissible, we should want technology companies to take user well-being seriously and be able to take that well-being as a direct reason for action. Their doing so is not paternalistic nor even morally problematic, and it should not be criticized as such. (shrink)

A paradox, it is claimed, is a radical form of contradiction, one that produces gaps in meaning. In order to approach this idea, two senses of “separation” are distinguished: separation by something and separation by nothing. The latter does not refer to nothing in an ordinary sense, however, since in that sense what’s intended is actually less than nothing. Numerous ordinary nothings in philosophy as well as in other fields are surveyed so as to clarify the contrast. Then follows the (...) suggestion that philosophies which one would expect to have room for paradoxes actually tend either to exclude them altogether, or to dull them. There is a clear alternative, however, one that fully recognizes paradoxes and yet also strives to overcome them. (shrink)

The following essay responds to a draft article that criticises the theory of libertarian restitution in “Libertarian Rectification: Restitution, Retribution, and the Risk-Multiplier” (LR). The article was freely available to internet search engines. Hence, it seems fair and useful to reply to these very welcome objective criticisms. It is not intellectually relevant that its author might subsequently and subjectively have thought better of them, possibly as a result of the earlier version of this reply. Generally, the article misconstrues the (...) position on retribution in LR. Eventually, it makes apparent qualifications to its own position such that there does not seem to be any clear theoretical difference between the two on the central disputed issue. LR’s position is to explain and defend only the non-normative theory of libertarian restitution: full restoration or compensation to the damaged (initiatedly imposed on) party. But it is argued that this can include a retributive aspect if that is what the victim prefers. Moreover, such restitution will tend to act as a deterrent that maximises both overall interpersonal liberty (theorised as no initiated imposed costs) and human welfare (theorised as preference satisfaction). (shrink)

The acculturation gap is the changing set of values and culture between a child and parent or guardian. The gap is usually revealed after a family immigrates from one country to another and assimilates into a culture.

In this paper I examine John Rawls’s understanding of desert. Against Samuel Scheffler, I maintain that the reasons underlying Rawls’s rejection of the traditional view of distributive desert in A Theory of Justice also commit him to rejecting the traditional view of retributive desert. Unlike Rawls’s critics, however, I view this commitment in a positive light. I also argue that Rawls’s later work commits him to rejecting retributivism as a public justification for punishment.

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 is-ought gap is Hume’s claim that we can’t get an ‘ought’ from just ‘is’s. Prior (“The Autonomy of Ethics,” 1960) showed that its most straightforward formulation, a staple of introductory philosophy classes, fails. Many authors attempt to resurrect the claim by restricting its domain syntactically or by reformulating it in terms of models of deontic logic. Those attempts prove to be complex, incomplete, or incorrect. I provide a simple reformulation of the is-ought gap that closely fits Hume’s description of (...) it. My formulation of the gap avoids the proposed counterexamples from Prior and offers a natural explanation of why they seem compelling. Moreover, I show that my formulation of the gap is guaranteed by standard theories of the semantics of normative terms, and that provides a more general reason to accept it. (shrink)

"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)

Artificial Intelligence (AI) systems are ubiquitous. From social media timelines, video recommendations on YouTube, and the kinds of adverts we see online, AI, in a very real sense, filters the world we see. More than that, AI is being embedded in agent-like systems, which might prompt certain reactions from users. Specifically, we might find ourselves feeling frustrated if these systems do not meet our expectations. In normal situations, this might be fine, but with the ever increasing sophistication of AI-systems, this (...) might become a problem. While it seems unproblematic to realize that being angry at your car for breaking down is unfitting, can the same be said for AI-systems? In this paper, therefore, I will investigate the so-called “reactive attitudes”, and their important link to our responsibility practices. I then show how within this framework there exist exemption and excuse conditions, and test whether our adopting the “objective attitude” toward agential AI is justified. I argue that such an attitude is appropriate in the context of three distinct senses of responsibility (answerability, attributability, and accountability), and that, therefore, AI-systems do not undermine our responsibility ascriptions. (shrink)

When a computer system causes harm, who is responsible? This question has renewed significance given the proliferation of autonomous systems enabled by modern artificial intelligence techniques. At the root of this problem is a philosophical difficulty known in the literature as the responsibility gap. That is to say, because of the causal distance between the designers of autonomous systems and the eventual outcomes of those systems, the dilution of agency within the large and complex teams that design autonomous systems, and (...) the impossibility of fully predicting how autonomous systems will behave once deployed, determining who is morally responsible for harms caused by autonomous systems is unclear at a conceptual level. I review past work on this topic, criticizing prior works for suggesting workarounds rather than philosophical answers to the conceptual problem presented by the responsibility gap. The view I develop, drawing on my earlier work on vicarious moral responsibility, explains why computing professionals are ethically required to take responsibility for the systems they design, despite not being blameworthy for the harms these systems may cause. (shrink)

From the outset, critical social theory has sought to diagnose people’s participation in their own oppression, by revealing the roots of irrational and self-undermining choices in the complex interplay between human nature, social structures, and cultural beliefs. As part of this project, Ideologiekritik has aimed to expose faulty conceptions of this interplay, so that the objectively pathological character of what people are “freely” choosing could come more clearly into view. The challenge, however, has always been to find a way of (...) doing this without arrogantly assuming special access to what is good for people. And this danger of paternalism is one to which social theorists have all too often fallen prey. In this brief essay, I focus on contemporary instances of clearly self-defeating behavior in contexts of complex choices. I begin by discussing a recent attempt to diagnose and solve these failures of choices, namely the public policy recommendations of behavioral economist Richard Thaler and reform-minded legal theorist Cass Sunstein. Their influential “libertarian paternalist” approach is particularly interesting, both in what it includes (attention to the socially constructed nature of choice situations and the roots of the problems in human nature) and in what it leaves out (an understanding of the social construction of human nature and an adequate appreciation of the value of autonomy). After discussing it, I consider a broadly perfectionist alternative, to the effect that the problem lies in a failure to adequately appreciate the importance of developing autonomy. I then turn to sketching the outlines of a new approach, based on the concept of “autonomy gaps,” which approaches overly demanding policies in relational and action-theoretical terms. In the final section, I show how this provides the basis for an analysis both in terms of a critique of ideology and of social pathology. (shrink)

We argue that the evil-god challenge is not an additional challenge for theists above and beyond the (much older) gap problem. One version of the evil-god challenge is merely a specific instance of the gap problem, and another is dependent on that specific instance of the gap problem. Therefore, the various solutions to the gap problem that theists have developed double as responses to the evil-god challenge, placing the evil-god challenge in a more vulnerable position than has been supposed.

A collective duty gap arises when a group has caused harm that requires remedying but no member did harm that can justify the imposition of individual remedial duties. Examples range from airplane crashes to climate change. How might collective duty gaps be filled? This paper starts by examining two promising proposals for filling them. Both proposals are found inadequate. Thus, while gap-filling duties can be defended against objections from unfairness and demandingness, we need a substantive justification for their existence. I (...) argue that substantive justification can be found in the normative force of commitments individuals make to others with regard to ends. Along the way, I argue that gap-filling duties must be conceptualized differently in group agents, as compared to non-agent groups: in the former, gap-filling duties can be understood as duties to “take up the slack”; in the latter, this would be a category error. (shrink)

The income gap between women and men expands with age, culminating in a gender pension gap in old age that is much larger than pay gaps earlier in life. In this article, I question two attempts to justify gender pension gaps. One insists that lower financial contribution justifies women's lower overall pensions. The second states that women must receive less monthly because they live longer. I argue that neither of these reasons is fair in a gender‐unjust world. Rather than justifying (...) pension gaps, female longevity is an opportunity to promote gender justice: by subsidizing longer lives, old‐age redistribution attenuates lifetime gender inequality. In the case of retirement pensions, the use of age to promote gender equality may be preferable to explicit gender differentiation. There is, then, a feminist case for old‐age redistribution. (shrink)

Charles Murray describes himself as a libertarian, most notably in his short book, What it Means to be a Libertarian. He might more accurately have described himself as having libertarian tendencies. My reading of Simple Justice is that the views it espouses are far more traditionalist than libertarian. Neither traditionalist state-retribution nor modernist state-leniency is libertarian. Nor does either provide as just or efficient a response to crime as does libertarian restitution, including restitutive retribution. Here, I shall respond (...) directly only to Murray's views, rather than also deal with state-leniency. This is because I accept Murray's thesis, without endorsing his specific arguments for it, that state-leniency is disastrous as a response to crimes against persons and their justly acquired property. (shrink)

This short article is based on my special lecture entitled "Aristotle and the Philosophy of Education" at Tamagawa University Research Institute in Tokyo on September 19, 2015, through a recording of the spoken language transcribed in written form with some corrections. The lecture delivered on that day consists of two parts: referring to historical research and a statistical survey, the first half focuses on uncovering the fact that the philosophy of education has been slighted both in Japanese and Western academia (...) and that this fact is valid for both Aristotle's and contemporary studies on the philosophy of education; the second half endeavors to describe two possible research projects - namely, a classical-philosophical and interpretative study of Aristotle's philosophy of education and a contemporary-philosophical and Aristotelian study of the philosophy education. Some of these topics have been published but others have not. This short article concerns the first half of the lecture and measures the gap between philosophy and the philosophy of education in Japan through a statistical survey of the largest competitive research funding database in Japan: KAKEN. (shrink)

The standard of proof in criminal trials in many liberal democracies is proof beyond a reasonable doubt, the BARD standard. It is customary to describe it, when putting a number on it, as requiring that the fact finder be at least 90% certain, after considering the evidence, that the defendant is guilty. Strikingly, no good reason has yet been offered in defense of using that standard. A number of non-consequentialist justifications that aim to support an even higher standard have been (...) offered; all are morally unsound. Meanwhile, consequentialist arguments plausibly support a substantially lower standard — in some cases so low as to undermine the idea that punishment is what is at stake. In this paper, I offer a new retributive justification that supports excluding the instrumental benefits of punishment from the balance that sets the standard. The resulting balance supports a standard arguably in the ballpark of the customary understanding of BARD: a standard requiring that the fact finder have a high, though not maximally high, degree of confidence that the defendant is guilty. (shrink)

Chapter 4 of Dennis Schulting’s book Kant’s Radical Subjectivism targets those commentators who take there to be a gap in the transcendental deduction of the categories, arguing instead that there is no gap between the necessary application of the categories and their exemplification in the object of experience. In these comments on the chapter, I suggest a minimal sense in which the fact that there is a gap is non-negotiable. The interesting question is not whether there is a gap which (...) needs to be bridged, but how and why Kant makes the step from subjectivity to objectivity. (shrink)

Thaddeus Metz defends the retributive theory of punishment against challenges mounted by some of the contributors to this collection. People, he thinks, ought to be censured in a way that is proportional to what they have done and for which they are responsible. Understanding does not conflict with judging. On the contrary, according to him, the more we understand, the better we are able to censure appropriately. Metz’s argument is Kantian insofar as he argues that ‘respect for persons [victims, responsible (...) wrongdoers and the community at large] requires condemning people proportionately to their responsible wrongdoing and hence that understanding a person merely indicates what would be proportionate, not that proportionality is unjustified’. His reason for thinking that Kantian respect requires retribution is that, as in non-retributive cases such as economic justice, compensatory justice, and justice in healthcare rationing, it requires imposing burdens on persons consequent to an awareness of their responsible choices. To use his slogan, ‘judging is apt because of understanding’. (shrink)

The lack of gender parity in philosophy has garnered serious attention recently. Previous empirical work that aims to quantify what has come to be called “the gender gap” in philosophy focuses mainly on the absence of women in philosophy faculty and graduate programs. Our study looks at gender representation in philosophy among undergraduate students, undergraduate majors, graduate students, and faculty. Our findings are consistent with what other studies have found about women faculty in philosophy, but we were able to add (...) two pieces of new information. First, the biggest drop in the proportion of women in philosophy occurs between students enrolled in introductory philosophy classes and philosophy majors. Second, this drop is mitigated by the presence of more women philosophy faculty. (shrink)

Strawson's view on punishment has been either neglected or recoiled from in contemporary scholarship on ‘Freedom and Resentment’ (FR). Strawson's alleged retributivism has made his view suspect and troublesome. In this article, we first argue, against the mainstream, that the punishment passage is an indispensable part of the main argument in FR (section 1) and elucidate in what sense Strawson can be called ‘a retributivist’ (section 2). We then elaborate our own hypothesis of symbolic retribution to explain the continuum (...) between moral reactive attitudes and punishment that Strawson only adumbrates (section 3). After this justification of the punitive response to wrongdoing, we compare and contrast our specific kind of retributivist hypothesis with other positions in the so-called ‘new retributivism’ (section 4). Our hypothesis differs from other subvarieties of expressive retributivism in putting centre stage the idea of punishment as taking up a reverential stance towards the victim. (shrink)

According to the accepted translation-failure interpretation, the problem of incommensurability involves the nature of the meaning-referential relation between scientific languages. The incommensurability thesis is that some competing scientific languages are mutually untranslatable due to the radical variance of meaning or/and reference of the terms they employ. I argue that this interpretation faces many difficulties and cannot give us a tenable, coherent, and integrated notion of incommensurability. It has to be rejected. ;On the basis of two case studies, I find that (...) the confrontations between many classical incommensurable languages are not confrontations between two untranslatable languages with different distribution of truth values, but rather the confrontations between incompatible fundamental presuppositions at the ontological level. We can always identify a truth-value gap between two incommensurable languages. Such a truth-value gap indicates a communication breakdown between the two language communities on the one hand, and is caused by the incompatible fundamental presuppositions underlying them on the other. ;I thereby identify the truth-value functional relationship between sentences, instead of the meaning-referential relationship between terms, as the dominant semantic relation between two incommensurable languages. According to my presuppositional interpretation of incommensurability, the real secret of incommensurability lies in the ontological setup of two competing presuppositional languages. When two presuppositional languages with incompatible factual commitments encounter with each other, the confrontation leads to a truth-value gap, and consequently a communication breakdown between them. Formally put, two scientific languages are incommensurable when core sentences of one language, which have truth values when considered within its own context, lack truth values when considered within the context of the other due to an ontological gap between them. ;The presuppositional interpretation makes many significant contributions to the discussion of the issue of incommensurability and the related metaphysical and epistemological issues: It confirms the existence of the phenomenon of incommensurability and makes it metaphysically and epistemologically significant. It establishes the tenability and integrity of the notion of incommensurability. It avoids many alleged unattractive epistemological and metaphysical consequences of the translation-failure interpretation. (shrink)

Philosophers disagree about whether vagueness requires us to admit truth-value gaps, about whether there is a gap between the objects of which a given vague predicate is true and those of which it is false on an appropriately constructed sorites series for the predicate---a series involving small increments of change in a relevant respect between adjacent elements, but a large increment of change in that respect between the endpoints. There appears, however, to be widespread agreement that there is some sense (...) in which vague predicates are gappy which may be expressed neutrally by saying that on any appropriately constructed sorites series for a given vague predicate there will be a gap between the objects of which the predicate is denitely true and those of which it is denitely false. Taking as primitive the operator ‘it is denitely the case that’, abbreviated as ‘D’, we may stipulate that a predicate F is denitely true (or denitely false) of an object just in case ‘DF (a)’, where a is a name for the object, is true (or false) simpliciter.1 This yields the following conditional formulation of a ‘gap principle’: (D Φ (x) ∧ D¬ Φ (y)) → ¬R(x, y). Here ‘ Φ ’ is to be replaced with a vague predicate, while ‘R’ is to stand for a sorites relation for that predicate: a relation that can be used to construct a sorites series for the predicate---such as the relation of being just one millimetre shorter than for the predicate ‘is tall’. Disagreements about the sense in which it is correct to say that vague predicates are gappy can then be recast as disagreements about how to understand the denitely operator. One might give it, for example, a pragmatic construal such as ‘it would not be misleading to assert that’; or an epistemic construal such as ‘it is known that’ or ‘it is knowable that’; or a semantic construal such as ‘it is true that’. (shrink)

Well before the COVID-19 pandemic, proponents of digital psychiatry were touting the promise of various digital tools and techniques to revolutionize mental healthcare. As social distancing and its knock-on effects have strained existing mental health infrastructures, calls have grown louder for implementing various digital mental health solutions at scale. Decisions made today will shape the future of mental healthcare for the foreseeable future. We argue that bioethicists are uniquely positioned to cut through the hype surrounding digital mental health, which can (...) obscure crucial ethical and epistemic gaps that ought to be considered by policymakers before committing to a digital psychiatric future. Here, we describe four such gaps: The evidence gap, the inequality gap, the prediction-intervention gap, and the safety gap. (shrink)

While the empirical evidence pointing to a gender gap in professional, academic philosophy in the English-speaking world is widely accepted, explanations of this gap are less so. In this paper, we aim to make a modest contribution to the literature on the gender gap in academic philosophy by taking a quantitative, corpus-based empirical approach. Since some philosophers have suggested that it may be the argumentative, “logic-chopping,” and “paradox-mongering” nature of academic philosophy that explains the underrepresentation of women in the discipline, (...) our research questions are the following: Do men and women philosophers make different types of arguments in their published works? If so, which ones and with what frequency? Using data mining and text analysis methods, we study a large corpus of philosophical texts mined from the JSTOR database in order to answer these questions empirically. Using indicator words to classify arguments by type, we search through our corpus to find patterns of argumentation. Overall, the results of our empirical study suggest that women philosophers make deductive, inductive, and abductive arguments in their published works just as much as male philosophers do, with no statistically significant differences in the proportions of those arguments relative to each philosopher’s body of work. (shrink)

Sparrow argues that military robots capable of making their own decisions would be independent enough to allow us denial for their actions, yet too unlike us to be the targets of meaningful blame or praise—thereby fostering what Matthias has dubbed “the responsibility gap.” We agree with Sparrow that someone must be held responsible for all actions taken in a military conflict. That said, we think Sparrow overlooks the possibility of what we term “blank check” responsibility: A person of sufficiently high (...) standing could accept responsibility for the actions of autonomous robotic devices—even if that person could not be causally linked to those actions besides this prior agreement. The basic intuition behind our proposal is that humans can impute relations even when no other form of contact can be established. The missed alternative we want to highlight, then, would consist in an exchange: Social prestige in the occupation of a given office would come at the price of signing away part of one's freedoms to a contingent and unpredictable future guided by another agency. (shrink)

Anger is often an appropriate reaction to harms and injustices, but is it a politically beneficial one? Martha Nussbaum (Journal of the American Philosophical Association 1 (1), 41–56, 2015, Anger and Forgiveness. Oxford University Press, 2016) has argued that, although anger is useful in initially recruiting agents for action, anger is typically counterproductive to securing the political aims of those harmed. After the initial shockwave of outrage, Nussbaum argues that to be effective at enacting positive social change, groups and individuals (...) alike, must move quickly out of the state of anger. Feminist theorists (Frye, The Politics of Reality. Crossing Press, 1983; Lorde, 1997; Narayan, Hypatia 3 (2): 31–48, 1988) on the other hand have for long highlighted the efficacy of anger, as well as its moral and epistemic value, in fighting against the oppressive status quo. It might be thought therefore that for political action to be effective, a continued state of anger is preferable. Protestors must after all create and sustain a sense of moral obligation and justice. A main way of doing so is to promote successive moral shocks that trigger outrage (Jasper, Emotion Review 6 (3): 208–213, 2014). I present a novel, empirically informed defense of anger’s efficacy in political action. Nussbaum holds a traditional view on the nature of anger, inherited from Aristotle and the Stoics, which holds that anger constitutively involves a desire for retribution. The view that anger is counterproductive falls out of this and is dominant in academic work as well as in our personal and political lives. Based on work in social psychology, I argue that we need to reconsider this. In doing so, I highlight anger’s aim for recognition, rather than retribution, as key. Furthermore, I uncover conditions for anger’s political efficacy, as well as reasons for why the traditional view of anger has been so pervasive. (shrink)

Hot-cold empathy gaps are a pervasive phenomena wherein one’s predictions about others tend to skew ‘in the direction’ of one’s own current visceral states. For instance, when one predicts how hungry someone else is, one’s prediction will tend to reflect one’s own current hunger state. These gaps also obtain intrapersonally, when one attempts to predict what one oneself would do at a different time. In this paper, we do three things: We draw on empirical evidence to argue that so-called hot-cold (...) empathy gaps arise when one projects one’s own current state into a simulation about another. Second, we argue that this process does not typically confer knowledge, even when the predictions it produces happen to be accurate. Third, we suggest that these results can be used to develop a challenge for L.A. Paul's view that authentic action sometimes requires subjective knowledge of one’s own values and how these values relate to relevant outcomes. We then sketch an alternative view of the epistemic grounds of authenticity, one on which authenticity requires a kind of understanding. The relevant form of understanding can be achieved by subjective knowledge but can also be achieved elsewise, such as through testimony from a close friend about what one values. (shrink)

This article introduces an experimental paradigm to selectively probe the multiple levels of visual processing that influence the formation of object contours, perceptual boundaries, and illusory contours. The experiments test the assumption that, to integrate contour information across space and contrast sign, a spatially short-range filtering process that is sensitive to contrast polarity inputs to a spatially long-range grouping process that pools signals from opposite contrast polarities. The stimuli consisted of thin subthreshold lines, flashed upon gaps between collinear inducers which (...) potentially enable the formation of illusory contours. The subthreshold lines were composed of one or more segments with opposite contrast polarities. The polarity nearest to the inducers was varied to differentially excite the short-range filtering process. The experimental results are consistent with neurophysiological evidence for cortical mechanisms of contour processing and with the Boundary Contour System model, which identifies the short-range filtering process with cortical simple cells, and the long-range grouping process with cortical bipole cells. (shrink)

The essay brings a summation of human efforts seeking to understand our existence. Plato and Kant & cognitive science complete reduction of philosophy to a neural mechanism, evolved along elementary Darwinian principles. Plato in his famous Cave Allegory explains that between reality and our experience of it there exists a great chasm, a metaphysical gap, fully confirmed through particle-wave duality of quantum physics. Kant found that we have two kinds of perception, two senses: By the spatial outer sense we perceive (...) phenomena, objects in space. Our temporal inner sense lets us perceive our inner state, noumena . Kant's two senses are fully confirmed through bilateral brain duality of cognitive science. The bilateral brain serves inner, temporal sense, logic & noumena in the left hemisphere. The right brain half is for the outer, spatial sense, geometry & phenomena. We form a whole system, a bilateral interior cosmos, a kind of world model, expressing what may lie beyond the metaphysical gap. In the right brain we build a phenomenal cosmos, to resemble the outer environment. In the brain's left hemisphere a noumenal cosmos, a model of our private world including Saint Teresa of Avila's castillo interior. The cosmos is regularly updated with novel sense data integrated into our memory banks. This was recognized early by Helmholtz (1860s). Our lives, health & well-being depend on us keeping our interior cosmos in good order. This used to be seen as saving one's precious soul from perdition. While we endeavour to keep our phenomenal cosmos neat & orderly by protecting the environment from harm, our noumenal cosmos to be livable requires us to engage in ethical conduct. This bilateral cosmos is responsible for our common sense judgment power, that we depend on for being able to lead a good & benign life. The 200 million neurons of BA10 in the prefrontal lobe have global access to the interior cosmos, & apply massive feedback to identify environmental conditions rapidly. The global access also gives conscious presence of the individual to itself, all that is present in the interior cosmos, for total freedom of action. In the left brain private ego, we are guarded by faith in divine mercy, & guided to choose the best course of action, able to survive under the most adverse conditions. For this, we receive directions from the Holy Ghost in Saint Teresa's castillo interior. (shrink)

The study aimed to determine if differentiated instruction effectively addresses learning gaps in mathematics. In particular, it explored how it can improve the student’s learning gaps concerning mathematical performance and confidence. The study employed a quasi-experimental design with 30 purposively-selected Grade 10 participants divided into differentiated (n = 15) and control groups (n = 15), ensuring the utmost ethical measures. The mean and standard deviation were used to describe the participants’ performance and confidence. Independent samples t-tests were used to determine (...) the significant differences in the performance and confidence between the two groups. In contrast, dependent samples t-tests were used to determine the significant differences in each group’s pre and posttest performance and confidence. Findings bared that the differentiated instruction successfully addressed students’ performance in mathematics even in a short period. It also increased the participants’ confidence when answering fundamental problems. Continuing differentiated instruction activities are recommended since it benefits students who struggle in mathematics, particularly in answering fundamental operations. Differentiated teaching activities in mathematics can boost academic achievement and engagement and prepare students for future success while fostering a positive and inclusive classroom culture that values individual learning needs and preferences. (shrink)

The settlements surrounding the Exxon Valdez oil spill prove to be an interesting case of retributive and corrective justice in regard to damage to the ecology of the commons, particularly in light of the recent Deepwater Horizon spill in the Gulf of Mexico. After reviewing the harm done to the ecology of Prince William Sound by the spill, and an account of Exxon Corporation’s responsibility, I examine the details of the litigation, particularly the Supreme Court decision in this matter. In (...) the early settlement, there is a clear disproportion between damage awards to plaintiffs representing the current economic users of Prince William Sound versus the trustees for the Sound’s commons. I argue that the disproportion reveals not only a thoroughly economic understanding of ecological commons, but bias in the treatment of its current economic users, as opposed to an understanding of such ecologies as true commons shared over generations. I argue that such biases fail reasonable moral tests and do not stand up to common principles of retributive justice. I end by suggesting a legal maneuver to correct such tendencies. (shrink)

Miranda Fricker’s insightful work on epistemic injustice discusses two forms of epistemic injustice—testimonial injustice and hermeneutical injustice. Hermeneutical injustice occurs when the victim lacks the interpretative resources to make sense of her experience, and this lacuna can be traced down to a structural injustice. In this paper, I provide one model of how to fill the conceptual gap in hermeneutical injustice. First, I argue that the victims possess conceptual resources to make sense of their experiences, namely phenomenal concepts. Second, I (...) show how one might work the way up in a two-step process from a subjective, phenomenal concept to a novel, public concept. Finally, I discuss the conditions that have to be met for this process to be successful. The resulting model shows a way how the victims might alleviate hermeneutical injustice by developing novel concepts, given that the dominant group does not care about their predicament. (shrink)

This dissertation defends materialism from the epistemic arguments against materialism. Materialism is the view that everything is ultimately physical. The epistemic arguments against materialism claim that there is an epistemic gap between physical and phenomenal truths (for example, that knowing the physical truths does not put you in a position to know the phenomenal truths), and conclude from this that there is a corresponding gap in the world between physical and phenomenal truths, and materialism is false. -/- Chapter 1 introduces (...) materialism and the arguments against materialism that I respond to in this dissertation. -/- Chapters 2 and 3 explore the phenomenal concept strategy (PCS), one promising materialist response to the epistemic arguments against materialism. The PCS admits that there is an epistemic gap between physical and phenomenal truths, but claims that it arises because of something special about our concepts of consciousness and not because of something special about consciousness itself. -/- Chapter 4 considers what reason there is to think that there is an epistemic gap between physical and phenomenal truths in the first place. I argue that some arguments might succeed in showing that there is such an epistemic gap, but that if these arguments succeed then they end up vindicating the PCS. -/- Chapter 5 considers more generally what is required for an epistemic gap to exist. In particular, it considers whether conceptual analysis is necessary to close an epistemic gap. (shrink)