That about sums up what is wrong with Clark's view.

Exclusionary defeat is Joseph Raz’s proposal for understanding the more complex, layered structure of practical reasoning. Exclusionary reasons are widely appealed to in legal theory and consistently arise in many other areas of philosophy. They have also been subject to a variety of challenges. I propose a new account of exclusionary reasons based on their justificatory role, rejecting Raz’s motivational account and especially contrasting exclusion with undercutting defeat. I explain the appeal and coherence of exclusionary reasons by appeal to commonsense (...) value pluralism and the intermediate space of public policies, social roles, and organizations. We often want our choices to have a certain character or instantiate a certain value and in order to do so, that choice can only be based on a restricted set of reasons. Exclusion explains how pro tanto practical reasons can be disqualified from counting towards a choice of a particular kind without being outweighed or undercut. (shrink)

Standard accounts of civil disobedience include nonviolence as a necessary condition. Here I argue that such accounts are mistaken and that civil disobedience can include violence in many aspects, primarily excepting violence directed at other persons. I base this argument on a novel understanding of civil disobedience: the special character of the practice comes from its combination of condemnation of a political practice with an expressed commitment to the political. The commitment to the political is a commitment to engaging with (...) others as co-members in the on-going political project of living together. I show how such an understanding of civil disobedience is superior to the Rawlsian strain of thought, which focuses on fidelity to law. Rawls was concerned with civil disobedience solely in the context of overriding political obligation. The project of characterizing a contestatory political practice that can be distinguished and used in a wider variety of contexts than Rawls is concerned with, including under illegitimate regimes, beyond the nation-state, or on behalf of anarchism, requires a different understanding of civil disobedience. (shrink)

Political legitimacy is best understood as one type of a broader notion, which I call institutional legitimacy. An institution is legitimate in my sense when it has the right to function. The right to function correlates to a duty of non-interference. Understanding legitimacy in this way favorably contrasts with legitimacy understood in the traditional way, as the right to rule correlating to a duty of obedience. It helps unify our discourses of legitimacy across a wider range of practices, especially including (...) the many evaluations we increasingly make of international institutions of various sorts, but also including domestic institutions. (shrink)

Philosophical interest in situated cognition has been focused most intensely on the claim that human cognitive processes extend from the brain into the tools humans use. As we see it, this radical hypothesis is sustained by two kinds of mistakes, the confusion of coupling relations with constitutive relations and an inattention to the mark of the cognitive. Here we wish to draw attention to these mistakes and show just how pervasive they are. That is, for all that the radical philosophers (...) have said, the mind is still in the head. (shrink)

A collaborative article by the Editorial Collective of Social Imaginaries. Investigations into social imaginaries have burgeoned in recent years. From ‘the capitalist imaginary’ to the ‘democratic imaginary’, from the ‘ecological imaginary’ to ‘the global imaginary’ – and beyond – the social imaginaries field has expanded across disciplines and beyond the academy. The recent debates on social imaginaries and potential new imaginaries reveal a recognisable field and paradigm-in-the-making. We argue that Castoriadis, Ricoeur, and Taylor have articulated the most important theoretical frameworks (...) for understanding social imaginaries, although the field as a whole remains heterogeneous. We further argue that the notion of social imaginaries draws on the modern understanding of the imagination as authentically creative. We contend that an elaboration of social imaginaries involves a significant, qualitative shift in the understanding of societies as collectively and politically-instituted formations that are irreducible to inter-subjectivity or systemic logics. After marking out the contours of the field and recounting a philosophical history of the imagination, the essay turns to debates on social imaginaries in more concrete contexts, specifically political-economic imaginaries, the ecological imaginary, multiple modernities and their inter-civilisational encounters. The social imaginaries field imparts powerful messages for the human sciences and wider publics. In particular, social imaginaries hold significant implications for ontological, phenomenological and philosophical anthropological questions; for the cultural, social, and political horizons of contemporary worlds; and for ecological and economic phenomena. The essay concludes with the argument that social imaginaries as a paradigm-in-the-making offers valuable means by which movements towards social change can be elucidated as well providing an open horizon for the critiques of existing social practices. (shrink)

Embodied cognition is sweeping the planet. On a non-embodied approach, the sensory system informs the cognitive system and the motor system does the cognitive system’s bidding. There are causal relations between the systems but the sensory and motor systems are not constitutive of cognition. For embodied views, the relation to the sensori-motor system to cognition is constitutive, not just causal. This paper examines some recent empirical evidence used to support the view that cognition is embodied and raises questions about some (...) of the claims being made by supporters. (shrink)

Many of Margaret Cavendish’s criticisms of Thomas Hobbes in the Philosophical Letters (1664) relate to the disorder and damage that she holds would result if Hobbesian pressure were the cause of visual perception. In this paper, I argue that her “two men” thought experiment in Letter IV is aimed at a different goal: to show the explanatory potency of her account. First, I connect Cavendish’s view of visual perception as “patterning” to the “two men” thought experiment in Letter IV. Second, (...) I provide a potential reply on Hobbes’s behalf that appeals to physiological differences between perceivers’ sense organs, drawing upon Hobbes’s optics in De homine. Third, I argue that such a reply would misunderstand Cavendish’s objective of showing the limited explanatory resources available in understanding visual perception as pressing when compared to her view of visual perception as patterning. (shrink)

The essays collected in this special issue explore what legitimacy means for actors and institutions that do not function like traditional states but nevertheless wield significant power in the global realm. They are connected by the idea that the specific purposes of non-state actors and the contexts in which they operate shape what it means for them to be legitimate and so shape the standards of justification that they have to meet. In this introduction, we develop this guiding methodology further (...) and show how the special issue’s individual contributions apply it to their cases. In the first section, we provide a sketch of our purpose-dependent theory of legitimacy beyond the state. We then highlight two features of the institutional context beyond the state that set it apart from the domestic case: problems of feasibility and the structure of international law. (shrink)

Some philosophical theories of the nature of color aim to respect a "common sense" conception of color: aligning with the common sense conception is supposed to speak in favor of a theory and conflicting with it is supposed to speak against a theory. In this paper, we argue that the idea of a "common sense" conception of color that philosophers of color have relied upon is overly simplistic. By drawing on experimental and historical evidence, we show how conceptions of color (...) vary along several dimensions and how even supposedly "core" components of the contemporary "common sense" conception of color are less stable than they have been thought to be. (shrink)

Discussions of political obligation and political authority have long focused on the idea that the commands of genuine authorities constitute content-independent reasons. Despite its centrality in these debates, the notion of content-independence is unclear and controversial, with some claiming that it is incoherent, useless, or increasingly irrelevant. I clarify content-independence by focusing on how reasons can depend on features of their source or container. I then solve the long-standing puzzle of whether the fact that laws can constitute content-independent reasons is (...) consistent with the fact that some laws must fail to bind due to their egregiously unjust content. Finally I defend my understanding of content-independence against challenges and show why it retains a place of special importance for questions about the law and political obligation. Content-independence highlights that it is some feature of the law or law-making process in general that is supposed to generate moral obligations for citizens, not the merits of particular laws. (shrink)

I argue for a new conception of practical authority based on an analysis of the relationship between authority and subject. Commands entail a demand for practical deference, which establishes a relationship of hierarchy and vulnerability that involves a variety of signals and commitments. In order for these signals and commitments to be justified, the subject must be under a preexisting duty, the authority’s commands must take precedence over the subject’s judgment regarding fulfillment of that duty, the authority must accept the (...) position and responsibilities of command, and the authority must be sufficiently trustworthy relative to how vulnerable the subject makes herself by deferring. This results in an instrumentalist conception of practical authority that can be favorably compared to Joseph Raz’s famous service conception. The relational conception’s main advantage is that it focuses on the authority as much as the subject, requiring that the authority accept responsibility for the relationship and be sufficiently trustworthy. (shrink)

Many critics, Descartes himself included, have seen Hobbes as uncharitable or even incoherent in his Objections to the Meditations on First Philosophy. I argue that when understood within the wider context of his views of the late 1630s and early 1640s, Hobbes's Objections are coherent and reflect his goal of providing an epistemology consistent with a mechanical philosophy. I demonstrate the importance of this epistemology for understanding his Fourth Objection concerning the nature of the wax and contend that Hobbes's brief (...) claims in that Objection are best understood as a summary of the mechanism for scientific knowledge found in his broader work. Far from displaying his confusion, Hobbes's Fourth Objection in fact pinpoints a key weakness of Descartes's faculty psychology: its unintelligibility within a mechanical philosophy. (shrink)

Stanley Cavell’s account of aesthetic judgment has two components. The first is a feeling: the judge has to see, hear, ‘dig’ something in the object being judged, there has to be an ‘emotion’ that the judge feels and expresses. The second is the ‘discipline of accounting for [the judgment]’, a readiness to argue for one’s aesthetic judgment in the face of disagreement. The discipline of accounting for one’s aesthetic judgments involves what Nick Riggle has called a norm of convergence: the (...) judge aims to get one’s audience to taste see or hear what the judge tastes or sees or hears in the object being judged. Because of the unmistakable difficulty in reaching agreement in aesthetic judgment, Riggle has denied that aesthetic judgment requires a convergence norm and has proposed instead that it requires ‘a kind of harmony of individuality’ (which Riggle calls ‘vibing’). We argue that Cavell offers a version of the convergence norm that is distinct from those that Riggle criticizes, namely Kant’s demand for agreement and Andy Egan’s presupposition of similarity in dispositions in ‘non-defective’ aesthetic conversations. Cavell’s version of the convergence norm is ‘the hope of agreement’. One can hope that one’s audience will agree with one’s aesthetic judgments even when one isn’t in a position to demand agreement or to presuppose similarity in the dispositions that would make agreement more likely. Cavell’s distinct convergence norm avoids Riggle’s criticisms and contributes to a richer account of what’s going on when we disagree about aesthetic matters. (shrink)

Institutions undertake a huge variety of constitutive purposes. One of the roles of legitimacy is to protect and promote an institution’s pursuit of its purpose; state legitimacy is generally understood as the right to rule, for example. When considering legitimacy beyond the state, we have to take account of how differences in purposes change legitimacy. I focus in particular on how differences in purpose matter for the stringency of the standards that an institution must meet in order to be legitimate. (...) An important characteristic of an institution’s purpose is its deontic status, i.e. whether it is morally impermissible, merely permissible, or mandatory. Although this matters, it does so in some non-obvious ways; the mere fact of a morally impermissible purpose is not necessarily delegitimating, for example. I also consider the problem of conflicting, multiple, and contested institutional purposes, and the different theoretical roles for institutional purpose. Understanding how differences in purpose matter for an institution’s legitimacy is one part of the broader project of theorizing institutional legitimacy in the many contexts beyond the traditional context of the state. (shrink)

In a recent paper, Tristan Haze offers two examples that, he claims, are counterexamples to Nozick's Theory of Knowledge. Haze claims his examples work against Nozick's theory understood as relativized to belief forming methods M. We believe that they fail to be counterexamples to Nozick's theory. Since he aims the examples at tracking theories generally, we will also explain why they are not counterexamples to Dretske's Conclusive Reasons Theory of Knowledge.

In this essay, we draw on John Haugeland’s work in order to argue that Burge is wrong to think that exercises of perceptual constancy mechanisms suffice for perceptual representation. Although Haugeland did not live to read or respond to Burge’s Origins of Objectivity, we think that his work contains resources that can be developed into a critique of the very foundation of Burge’s approach. Specifically, we identify two related problems for Burge. First, if (what Burge calls) mere sensory responses are (...) not representational, then neither are exercises of constancy mechanisms, since the differences between them do not suffice to imply that one is representational and the other is not. Second, taken by themselves, exercises of constancy mechanisms are only derivatively representational, so merely understanding how they work is not sufficient for understanding what is required for something, in itself, to be representational (and thereby provide a full solution to the problem of perceptual representation). (shrink)

In this article, we will describe higher order thought theories of consciousness. Then we will describe some examples from synesthesia. Finally, we will explain why the latter may be relevant to the former.

I offer an alternative account of the relationship of Hobbesian geometry to natural philosophy by arguing that mixed mathematics provided Hobbes with a model for thinking about it. In mixed mathematics, one may borrow causal principles from one science and use them in another science without there being a deductive relationship between those two sciences. Natural philosophy for Hobbes is mixed because an explanation may combine observations from experience (the ‘that’) with causal principles from geometry (the ‘why’). My argument shows (...) that Hobbesian natural philosophy relies upon suppositions that bodies plausibly behave according to these borrowed causal principles from geometry, acknowledging that bodies in the world may not actually behave this way. First, I consider Hobbes's relation to Aristotelian mixed mathematics and to Isaac Barrow's broadening of mixed mathematics in Mathematical Lectures (1683). I show that for Hobbes maker's knowledge from geometry provides the ‘why’ in mixed-mathematical explanations. Next, I examine two explanations from De corpore Part IV: (1) the explanation of sense in De corpore 25.1-2; and (2) the explanation of the swelling of parts of the body when they become warm in De corpore 27.3. In both explanations, I show Hobbes borrowing and citing geometrical principles and mixing these principles with appeals to experience. (shrink)

Several recent commentators argue that Thomas Hobbes’s account of the nature of science is conventionalist. Engaging in scientific practice on a conventionalist account is more a matter of making sure one connects one term to another properly rather than checking one’s claims, e.g., by experiment. In this paper, I argue that the conventionalist interpretation of Hobbesian science accords neither with Hobbes’s theoretical account in De corpore and Leviathan nor with Hobbes’s scientific practice in De homine and elsewhere. Closely tied to (...) the conventionalist interpretation is the deductivist interpretation, on which it is claimed that Hobbes believed sciences such as optics are deduced from geometry. I argue that Hobbesian science places simplest conceptions as the foundation for geometry and the sciences in which we use geometry, which provides strong evidence against both the conventionalist and deductivist interpretations. (shrink)

ABSTRACT Drawing inspiration from Fred Dretske, L. S. Carrier, John A. Barker, and Robert Nozick, we develop a tracking analysis of knowing according to which a true belief constitutes knowledge if and only if it is based on reasons that are sensitive to the fact that makes it true, that is, reasons that wouldn’t obtain if the belief weren’t true. We show that our sensitivity analysis handles numerous Gettier-type cases and lottery problems, blocks pathways leading to skepticism, and validates the (...) epistemic closure thesis that correct inferences from known premises yield knowledge of the conclusions. We discuss the plausible views of Ted Warfield and Branden Fitelson regarding cases of knowledge acquired via inference from false premises, and we show how our sensitivity analysis can account for such cases. We present arguments designed to discredit putative counterexamples to sensitivity analyses recently proffered by Tristan Haze, John Williams and Neil Sinhababu, which involve true statements made by untrustworthy informants and strange clocks that sometimes display the correct time while running backwards. Finally, we show that in virtue of employing the paradox-free subjunctive conditionals codified by Relevance Logic theorists instead of the paradox-laden subjunctive conditionals codified by Robert Stalnaker and David Lewis. (shrink)

This essay critically examines one of the dominant tendencies in recent theoretical discussions of anarchism, postanarchism, and argues that this tradition fails to engage sufficiently with anarchism’s history. Through an examination of late 19th-century anarchist political thought—as represented by one of its foremost exponents, Peter Kropotkin—we demonstrate the extent to which postanarchism has tended to oversimplify and misrepresent the historical tradition of anarchism. The article concludes by arguing that all political-theoretical discussions of anarchism going forward should begin with a fresh (...) appraisal of the actual content of anarchist political thought, based on a rigorous analysis of its political, social, and cultural history. (shrink)

Closure is the epistemological thesis that if S knows that P and knows that P implies Q, then if S infers that Q, S knows that Q. Fred Dretske acknowledges that closure is plausible but contends that it should be rejected because it conflicts with the plausible thesis: Conclusive reasons (CR): S knows that P only if S believes P on the basis of conclusive reasons, i.e., reasons S wouldn‘t have if it weren‘t the case that P. Dretske develops an (...) analysis of knowing that centers on CR, and argues that the requirement undermines skepticism by implying the falsity of closure. We develop a Dretske-style analysis of knowing that incorporates CR, and we argue that this analysis not only accords with closure, but also implies it. In addition, we argue that the analysis accounts for the prima facie plausibility of closure-invoking skeptical arguments, and nonetheless implies that they are fallacious. If our arguments turn out to be sound, the acceptability of Dretske‘s analysis of knowing will be significantly enhanced by the fact that, despite implying closure, it undermines closure-based skepticism. (shrink)

The extended mind hypothesis (EMH) is the claim that the mind can and does extend beyond the human body. Adams and Aizawa (A&A) contend that arguments for EMH commit a ‘coupling constitution fallacy’. We deny that the master argument for EMH commits such a fallacy. But we think that there is an important question lurking behind A&A's allegation: under what conditions is cognition spread across a tightly coupled system? Building on some suggestions from Haugeland, we contend that the system must (...) exhibit a distinctive sort of semantic activity, semantic activity that the system as a whole takes responsibility for. (shrink)

In a recent very interesting and important challenge to tracking theories of knowledge, Williams & Sinhababu claim to have devised a counter-example to tracking theories of knowledge of a sort that escapes the defense of those theories by Adams & Clarke. In this paper we will explain why this is not true. Tracking theories are not undermined by the example of the backward clock, as interesting as the case is.

This paper examines Hobbes’s criticisms of Robert Boyle’s air-pump experiments in light of Hobbes’s account in _De Corpore_ and _De Homine_ of the relationship of natural philosophy to geometry. I argue that Hobbes’s criticisms rely upon his understanding of what counts as “true physics.” Instead of seeing Hobbes as defending natural philosophy as “a causal enterprise … [that] as such, secured total and irrevocable assent,” 1 I argue that, in his disagreement with Boyle, Hobbes relied upon his understanding of natural (...) philosophy as a mixed mathematical science. In a mixed mathematical science one can mix facts from experience with causal principles borrowed from geometry. Hobbes’s harsh criticisms of Boyle’s philosophy, especially in the _Dialogus Physicus, sive De natura aeris_, should thus be understood as Hobbes advancing his view of the proper relationship of natural philosophy to geometry in terms of mixing principles from geometry with facts from experience. Understood in this light, Hobbes need not be taken to reject or diminish the importance of experiment/experience; nor should Hobbes’s criticisms in _Dialogus Physicus_ be understood as rejecting experimenting as ignoble and not befitting a philosopher. Instead, Hobbes’s viewpoint is that experiment/experience must be understood within its proper place – it establishes the ‘that’ for a mixed mathematical science explanation. (shrink)

The status of the laws of nature in Hobbes’s Leviathan has been a continual point of disagreement among scholars. Many agree that since Hobbes claims that civil philosophy is a science, the answer lies in an understanding of the nature of Hobbesian science more generally. In this paper, I argue that Hobbes’s view of the construction of geometrical figures sheds light upon the status of the laws of nature. In short, I claim that the laws play the same role as (...) the component parts – what Hobbes calls the “cause” – of geometrical figures. To make this argument, I show that in both geometry and civil philosophy, Hobbes proceeds by a method of synthetic demonstration as follows: 1) offering a thought experiment by privation; 2) providing definitions by explication of “simple conceptions” within the thought experiment; and 3) formulating generative definitions by making use of those definitions by explication. In just the same way that Hobbes says that the geometer should “put together” the parts of a square to learn its cause, I argue that the laws of nature are the cause of peace. (shrink)

This paper will explore an epistemic aspect of hope, namely hope’s relationship to knowledge. It has been taken for granted that people do not hope for things to occur that they know will occur. I will be giving an argument that hope and knowledge are compatible, and I will defend that argument against one primary objection. More specifically, I will argue that there are instances when an agent knows that p and still hopes that p.

Summary: A review of the cognitivist/extended cognition and extended mind landscape.

Last year Charlotte Shreve and I (Adams and Shreve 2016) presented an argument that synesthesia contains evidence against higher order thought theories of consciousness. Rocco Gennaro (2016) took up the challenge and argued that H.O.T. theories like his could handle the example and dismiss the argument. Below we suggest otherwise. We think the traditional versions of H.O.T. theory are still vulnerable to our argument and we maintain that Gennaro’s version is as well.

1. Do models formulated in programming languages use explicit rules where connectionist models do not? 2. Are rules as found in programming languages hard, precise, and exceptionless, where connectionist rules are not? 3. Do connectionist models use rules operating on distributed representations where models formulated in programming languages do not? 4. Do connectionist models fail to use structure sensitive rules of the sort found in "classical" computer architectures? In this chapter we argue that the answer to each of these questions (...) is negative. (shrink)

I argue that legitimacy discourses serve a gatekeeping function. They give practitioners telic standards for riding herd on social practices, ensuring that minimally acceptable versions of the practice are implemented. Such a function is a necessary part of implementing formalized social practices, especially including law. This gatekeeping account shows that political philosophers have misunderstood legitimacy; it is not secondary to justice and only necessary because we cannot agree about justice. Instead, it is a necessary feature of actual human social practices, (...) which must be implemented via practitioners' discretion in changing contexts. (shrink)

The study of color expanded rapidly in the 20th century. With this expansion came fragmentation, as philosophers, physicists, physiologists, psychologists, and others explored the subject in vastly different ways. There are at least two ways in which the study of color became contentious. The first was with regard to the definitional question: what is color? The second was with the location question: are colors inside the head or out in the world? In this chapter, we summarize the most prominent answers (...) that color scientists and philosophers gave to the definitional and location questions in the 20th century. We identify some of the different points at which their work intersected, as well as the most prominent schisms between them. One overarching theme of the chapter is the surprising proliferation of different views on color. Whereas some assume that progress in science must take the form of convergence, the 20th century history of color exhibited a marked divergence in views. This chapter leaves it an open question whether an ultimate unification of views is possible, or whether the only thing that ties together the study of “color” is the shared inheritance of a word. (shrink)

Contrary to the widely accepted consensus, Christopher Heath Wellman argues that there are no pre-institutional judicial procedural rights. Thus commonly affirmed rights like the right to a fair trial cannot be assumed in the literature on punishment and legal philosophy as they usually are. Wellman canvasses and rejects a variety of grounds proposed for such rights. I answer his skepticism by proposing two novel grounds for procedural rights. First, a general right against unreasonable risk of punishment grounds rights to an (...) institutionalized system of punishment. Second, to complement and extend the first ground, I more controversially propose a right to provision of the robust good of security. People have a right to others' protecting for avoiding wrongfully harming them: when I take an action that is reasonably expected to threaten the protected interests of others, I must take appropriate care to avoid setting back those interests. Inflicting punishment on someone--intentionally harming them in response to a violation--is prima facie wrongful, so I can only count as taking appropriate care in punishing when I follow familiar procedures that reliably and redundantly test whether they are liable to such punishment, i.e. whether they have forfeited their right against punishment through a culpable act. (shrink)

The ways in which the Aristotelian sciences are related to each other has been discussed in the literature, with some focus on the subalternate sciences. While it is acknowledged that Aristotle, and Plato as well, was concerned as well with how the arts were related to one another, less attention has been paid to Aristotle's views on relationships among the arts. In this paper, I argue that Aristotle's account of the subalternate sciences helps shed light on how Aristotle saw the (...) art of rhetoric relating to dialectic and politics. Initial motivation for comparing rhetoric with the subalternate sciences is Aristotle's use of the language of boundary transgression, germane to the Posterior Analytics, when discussing rhetoric’s boundaries, as well as the language of "over" and "under" found in APo. First, I discuss three passages in Rhetoric Book I and argue that Garver's (1988) account cannot be correct. Second, I look to the subalternate sciences, especially focusing on optics and the distinction between "unqualified" optics and mathematical optics. Third, I discuss rhetoric's dependence on both dialectic and politics. (shrink)

In his 1923 play R.U.R.: Rossum s Universal Robots, Karel Capek coined In 1993, we began a humanoid robotics project aimed at constructing a robot for use in exploring theories of human intelligence. In this article, we describe three aspects of our research methodology that distinguish our work from other humanoid projects. First, our humanoid robots are designed to act autonomously and safely in natural workspaces with people. Second, our robots are designed to interact socially with people by exploiting natural (...) human social cues. Third, we believe that robotics offers a unique tool for testing models of human intelligence drawn from developmental psychology and cognitive science. (shrink)

In “Beat the (Backward) Clock,” we argued that John Williams and Neil Sinhababu’s Backward Clock Case fails to be a counterexample to Robert Nozick’s or Fred Dretske’s Theories of Knowledge. Williams’ reply to our paper, “There’s Nothing to Beat a Backward Clock: A Rejoinder to Adams, Barker and Clarke,” is a further attempt to defend their counterexample against a range of objections. In this paper, we argue that, despite the number and length of footnotes, Williams is still wrong.

This article interrogates the bureaucratization of war, incarnate in the covert lethal drone. Bureaucracies are criticized typically for their complexity, inefficiency, and inflexibility. This article is concerned with their moral indifference. It explores killing, which is so highly administered, so morally remote, and of such scale, that we acknowledge a covert lethal program. This is a bureaucratized program of assassination in contravention of critical human rights. In this article, this program is seen to compromise the advance of global justice. Moreover, (...) the bureaucratization of lethal force is seen to dissolve democratic ideals from within. The bureaucracy isolates the citizens from lethal force applied in their name. People are killed, in the name of the State, but without conspicuous justification, or judicial review, and without informed public debate. This article gives an account of the risk associated with the bureaucratization of the State’s lethal power. Exemplified by the covert drone, this is power with formidable reach. It is power as well, which requires great moral sensitivity. Considering the drone program, this article identifies challenges, which will become more prominent and pressing, as technology advances. (shrink)

Wenn Präsident Kennedy nicht erschossen worden wäre, hätte er dann Nordvietnam bombardiert? Das weiß Gott allein. Oder doch nicht? Weiß wenigstens Er, was Kennedy getan hätte? ... Die Jesuiten behaupteten unter anderem, daß viele menschliche Handlungen in dem Sinne frei seien, daß die Ausführenden nicht logisch oder kausal gezwungen seien, sie auszuführen. („Frei“ wird im vorliegenden Aufsatz stets in diesem Sinne verwendet werden.) Wie behält Gott dann die Kontrolle über die menschliche Geschichte? Nicht dadurch, daß Er menschliche Handlungen kausal determiniert, (...) wie die Dominikaner geglaubt zu haben scheinen , sondern indem Er Umstände herbeiführt, von denen Er weiß, daß wir in ihnen freiwillig Seinen Plänen entsprechend handeln werden. (shrink)

A curious and comparatively neglected element of death penalty jurisprudence in America is my target in this paper. That element concerns the circumstances under which severely mentally disabled persons, incarcerated on death row, may have their sentences carried out. Those circumstances are expressed in a part of the law which turns out to be indefensible. This legal doctrine—competence-for-execution —holds that a condemned, death-row inmate may not be killed if, at the time of his scheduled execution, he lacks an awareness of (...) his impending death or the reasons for it. I argue that the law of CFE should be abandoned, along with the notion that it is permissible to kill the deeply disturbed just so long as they meet some narrow test of readiness to die. By adopting CFE, the courts have been forced to give independent conceptual and moral significance to a standard for competence that simply cannot bear the weight placed upon it. To be executable, CFE requires that a condemned prisoner meet a standard demonstrating an awareness of certain facts about his death. Yet this standard both leads to confusing and counter-intuitive results and is unsupported either by the reasons advanced by the courts on its behalf or by any of the standard theoretical justifications of criminal punishment. If executing the profoundly psychotic or delusional is wrong the law needs a better account of the wrong done when prisoners like Ford are killed. I suggest wherein that wrong might be located. (shrink)