Joseph Newhard (2017) argues that a libertarian anarchist society would be at a serious military disadvantage if it extended the nonaggression principle to include potential foreign invaders. He goes so far as to recommend cultivating the ability to launch a nuclear attack on foreign cities. In contrast, I argue that the free society would derive its strength from a total commitment to property rights and the protection of innocent life. Both theory and history suggest that a free society would be (...) capable of defending itself, and indeed that it would probably use other means to avoid military conflict altogether. (shrink)

In this article, I seek to answer the following cluster of questions: What would a characteristically African, and specifically relational, conception of a criminal trial’s final end look like? What would the Afro-relational approach prescribe for sentencing? Would its implications for this matter forcefully rival the kinds of penalties that judges in South Africa and similar jurisdictions typically mete out? After pointing out how the southern African ethic of ubuntu is well understood as a relational ethic, I draw out of (...) it a certain conception of reconciliation that I advance as a strong candidate for being the proper final end of a criminal trial. I argue that, far from requiring forgiveness, seeking reconciliation can provide strong reason to punish offenders. Specifically, a reconciliatory sentence is one that roughly has offenders reform their characters and compensate their victims in ways the offenders find burdensome, thereby disavowing the crime and tending to foster cooperation and mutual aid. I argue that this novel account of punishment is a prima facie attractive alternative to more familiar retributive and deterrence rationales, and that it entails that widespread practices such as imprisonment and mandatory minimum sentences are unjust. (shrink)

A deterrence theory of punishment holds that the institution of criminal punishment is morally justified because it serves to deter crime. Because the fear of external sanction is an important incentive in crime deterrence, the deterrence theory is often associated with the idea of severe, disproportionate punishment. An objection to this theory holds that hope of escape renders even the severest punishment inapt and irrelevant. -/- This article revisits the concept of deterrence and defend a more (...) plausible deterrence theory of punishment—the wide-scope deterrence theory. The wide-scope theory holds that we must make the best use of all the deterrence tools available, including both external and internal sanctions. Drawing on insights from the early Confucian tradition, the article develops a deep deterrence theory, which holds that the most important deterrence tool involves internal, not external, sanction. It describes how internal sanctions deter potential offenses and why relevant policies need not conflict with liberalism’s respect for neutrality. (shrink)

Mandatory minimum sentencing provisions have been a feature of the U.S. justice system since 1790. But they have expanded considerably under the war on drugs, and their use has expanded considerably under the Trump Administration; some states are also poised to expand drug-related mandatory minimums further in efforts to fight the current opioid epidemic. In this paper I outline and evaluate three prominent arguments for and against the use of mandatory minimums in the war on drugs—they appeal, respectively, to (...) proportionality, consistency, and efficiency. I ultimately defend the view that the use of mandatory minimums in the war on drugs is unjust. -/- . (shrink)

This is a presentation of the utilitarian approach to punishment. It is meant for students. A note added in July, 2022 advises the reader about the author's current views on some topics in the paper. The first section discusses Bentham's psychological hedonism. The second briefly criticizes it. The third section explains abstractly how utilitarianism would determine of the right amount of punishment. The fourth section applies the theory to some cases, and brings out how utilitarianism could favor punishments more or (...) less severe than the lex talionis. (shrink)

The aim of this paper is to present and discuss the issue of the adequacy of the Minimum Intelligent Signal Test (MIST) as an alternative to the Turing Test. MIST has been proposed by Chris McKinstry as a better alternative to Turing’s original idea. Two of the main claims about MIST are that (1) MIST questions exploit commonsense knowledge and as a result are expected to be easy to answer for human beings and difficult for computer programs; and that (...) (2) the MIST design aims at eliminating the problem of the role of judges in the test. To discuss these design assumptions we will present Peter D. Turney’s PMI-IR algorithm which allows for MIST-type questions to be answered. We will also present and discuss the results of our own study aimed at the judge problem for MIST. (shrink)

Throughout the biological and biomedical sciences there is a growing need for, prescriptive ‘minimum information’ (MI) checklists specifying the key information to include when reporting experimental results are beginning to find favor with experimentalists, analysts, publishers and funders alike. Such checklists aim to ensure that methods, data, analyses and results are described to a level sufficient to support the unambiguous interpretation, sophisticated search, reanalysis and experimental corroboration and reuse of data sets, facilitating the extraction of maximum value from data (...) sets them. However, such ‘minimum information’ MI checklists are usually developed independently by groups working within representatives of particular biologically- or technologically-delineated domains. Consequently, an overview of the full range of checklists can be difficult to establish without intensive searching, and even tracking thetheir individual evolution of single checklists may be a non-trivial exercise. Checklists are also inevitably partially redundant when measured one against another, and where they overlap is far from straightforward. Furthermore, conflicts in scope and arbitrary decisions on wording and sub-structuring make integration difficult. This presents inhibit their use in combination. Overall, these issues present significant difficulties for the users of checklists, especially those in areas such as systems biology, who routinely combine information from multiple biological domains and technology platforms. To address all of the above, we present MIBBI (Minimum Information for Biological and Biomedical Investigations); a web-based communal resource for such checklists, designed to act as a ‘one-stop shop’ for those exploring the range of extant checklist projects, and to foster collaborative, integrative development and ultimately promote gradual integration of checklists. (shrink)

This study aims to determine driving factors significantly influencing the purchase intention and to identify impediments creating the intention –behavior gap regarding organic food consumption in Vietnam. The chosen driving factors affecting the organic food purchase intention in this study are health benefits, environmental awareness, and social norms, whereas trust, price, and convenience as well as availability are investigated as deterrent factors of the link between intention and behavior. A structured online questionnaire with snow-balling sampling method was distributed to collect (...) a representative sample of 466 Vietnamese consumers nationwide. A five-point likert scale was used for the level of approval for 36 statements. Statistical tools of SPSS 22.0 including descriptive analysis, principal component analysis, and multiple regression analysis models were used for data analysis. The results showed that health benefits, environmental awareness, and social norms were facilitators of organic food purchase intention. Although high intention to purchase organic foods was identified in Vietnam, it was not translated into actual purchase behavior. The main barriers for the inconsistency were premium price and low availability of organic products or inconvenience to buy in the market. Lack of trust insignificantly impacted on organic food choices among Vietnamese consumers in this study. These empirical findings and suggestions are beneficial for all players across supply chains. (shrink)

Human dignity, a normative category developed by the Colombian Constitutional Court, is seen from "humanist constitutionalism", due to its functionality for the configuration of the fundamental human right of access to the Internet that translates into a digital vital minimum of the human person, emphasizing in the inclusion of the poor and vulnerable affected by digital inequality. A complex fundamental hyperright that obliges the State to guarantee the human rights of their essential core and formulate public policies for their (...) effective satisfaction inherent in the realization of the valuable life project of the person and their effective functioning in society. (shrink)

Skeptical theists are seeking for some reasonable solutions to the evidential problem of evil. One of the most fundamental responses of skeptical theism is that the concept of “gratuitous evil”, which cannot be a proof of the absence of God. Therefore, it is not the existence of God that skeptical theism suspects. Instead, skeptical theism contemplates whether the evil in the world really has a “gratuitous” basis. This paper focuses on Peter van Inwagen's “no-minimum claim”. No-minimum claim” stands (...) in opposition to the views that assume that God minimizes the evils that exist in the world in order to achieve justice. “No-minimum claim” acknowledges that these evils still have enormous amounts to people. Thus “no-minimum claim” suggests that the evils experienced in the world are incompatible with the “best of all possible worlds” views or the other explanations of classical theodicy. According to the “no minimum claim”, the reason why the amount of evil in the world still seems so high may be God’s deliberate calculations in effecting the distribution of these evils. In order to reach these calculations, it is not necessary for the amount of evil that God allowed to reflect on the world to be perfectly manifested at the minimum level. The purpose of this paper is to consider the skeptical theism approach within the framework of Peter van Inwagen's “no-minimum claim” and to limit his arguments to an alternative approach to skeptic theism. Our claim is that such view coincides with skeptical theism, but the “no- minimum claim” still has some ambiguities at the point of the limits of evil. From this, we can conclude that the “no minimum claim” has received many objections in the skeptical theism literature and these objections are justified at certain points. (shrink)

Minimum wages are usually assumed to be inefficient as they prevent the full exploitation of mutual gains from trade. Yet advocates of wage regulation policies have repeatedly claimed that this loss in market efficiency can be justified by the pursuit of ethical goals. Policy makers, it is argued, should not focus on efficiency alone. Rather, they should try to find an adequate balance between efficiency and equity targets. This idea is based on a two-worlds-paradigm that sees ethics and economics (...) as two inherently conflicting ways of thinking. We, however, believe that this view of the relationship between ethics and economics is fundamentally flawed and blurs our understanding of how an ethically responsible regulation of the labour market should be conducted. In drawing on an economic-ethical approach that resolves the antinomy between efficiency and equity, we show that ethics and economics are, in fact, two sides of the same coin and that minimum wage legislation can only be ethically responsible, if it is at the same time economically efficient. In other words, we can have our cake and eat it too. On the basis of our approach, we develop two simple game theoretical models for different types of labour markets and derive policy implications from an economic-ethical viewpoint. We suggest that under the assumption of perfectly competitive labour markets a tax-funded wage subsidy is preferable over minimum wages, as it makes everyone better off. If, however, employers have monopsony power in the wage setting process, the minimum wage is justifiable under certain conditions. (shrink)

In this work we consider the problem of the approximate hedging of a contingent claim in the minimum mean square deviation criterion. A theorem on martingale representation in case of discrete time and an application of the result for semi-continuous market model are also given.

Regulatory enforcement is a multifaceted phenomenon that revolves around the concept of discretion of Street-Level Bureaucrats (SLBs). Discretion can be defined as the ability to freely decide how to deliver services to the clients/public. Regulations are enforced by the decisions made by bureaucrats when they interact with clients. By combining street-level bureaucracy and responsive regulation theories, this study is set to examine how different factors shape the discretion of street-level bureaucrats. This study is built on available literature pertaining to SLBs (...) and policy implementation to provide a comprehensive understanding of regulation enforcement in Malaysia. SLBs are the Labor Inspectors responsible for the enforcement of minimum wage in Malaysia. The study’s main contribution is examining how personal characteristics, internal organizational factors, and a multidimensional enforcement style shape the discretion of bureaucrats in Malaysia. The study’s main finding highlights that Labor Inspectors in Malaysia demonstrate a range of enforcement style dimensions when enforcing the minimum wage. The novelty of this thesis highlights two primary constructs; willingness to implement and client meaningfulness, and their importance in shaping policy implementation and its effect on street-level bureaucrats' behavior. These constructs are also likely contributing to the imperfect enforcement of the minimum wage policy. Furthermore, this study demonstrates that enforcement style consists of three dimensions; legal, facilitation, and accommodation. Finally, this study's empirical finding highlights that street-level bureaucrats' discretion is influenced by various factors that ultimately define the enforcement process. (shrink)

We present a minimum message length (MML) framework for trajectory partitioning by point selection, and use it to automatically select the tolerance parameter ε for Douglas-Peucker partitioning, adapting to local trajectory complexity. By examining a range of ε for synthetic and real trajectories, it is easy to see that the best ε does vary by trajectory, and that the MML encoding makes sensible choices and is robust against Gaussian noise. We use it to explore the identification of micro-activities within (...) a longer trajectory. This MML metric is comparable to the TRACLUS metric – and shares the constraint of abstracting only by omission of points – but is a true lossless encoding. Such encoding has several theoretical advantages – particularly with very small segments (high frame rates) – but actual performance interacts strongly with the search algorithm. Both differ from unconstrained piecewise linear approximations, including other MML formulations. (shrink)

Animals are an important part of our social, economic and corporate world. Their wellbeing is significantly affected by the ways in which humans treat them. However, animals have long remained (and, indeed, continue to remain) effectively invisible in the business ethics and corporate responsibility discourse. This article argues in favor of the moral necessity of according animal welfare a higher priority in business. In line with most streams in both recent and traditional animal ethics, this article derives the avoidance of (...) unnecessary animal suffering as the moral minimum standard for responsible management in the livestock industry. Based on a broad range of different interpretations of what animal suffering may be necessary, the article discusses three distinct ways in which humans working in the animal industry could meet their moral responsibility to avoid unnecessary suffering, and, with this, increase animal welfare: by ameliorating circumstances for animals, by aiming at a two-pronged transformation, or by transforming into a “zero-suffering” business. Considering animal welfare as a legitimate ethical value in and of itself is a first step towards overcoming the anthropocentric bias in today's sustainability and corporate responsibility debate. (shrink)

Gauthier claims: (1) a non-maximizing action is rational if it maximized to intend it. If one intended to retaliate in order to deter an attack, (2) retaliation is rational, for it maximized to intend it. I argue that even on sympathetic theories of intentions, actions and choices, (1) is incoherent. But I defend (2) by arguing that an action is rational if it maximizes on preferences it maximized to adopt given one's antecedent preferences. (2) is true because it maximized to (...) adopt preferences on which it maximizes to retaliate. I thus save the theory that rational actions must maximize, and extend it into the rational criticism of preferences. (shrink)

In this dissertation, I consider a hitherto underexplored concept of ‘human minimum’ as proposed by H. Odera Oruka to obligate responsibility as an approach to tackling extreme poverty in Africa and beyond. I aim to establish, among other things, why it is morally problematic and economically counterproductive to demand equal moral responsibility from all moral agents irrespective of their economic differences to ensure the implementation of the human minimum or the elimination of extreme poverty. To achieve the aforementioned, (...) I attempt to answer two significant questions, to wit: What are some of the moral implications of ensuring that a society attains the human minimum as an approach to fighting extreme poverty? Who has a greater moral responsibility for ensuring the attainment of the human minimum between the government, non-governmental/nonprofit organisations, and individual members of society? In Oruka’s philosophy, enforcement of a global human minimum is the equal moral obligation of all moral agents—all those situated above the poverty line. I will demonstrate why ignoring the economic differences – and inequalities – of those who qualify as moral agents in Oruka’s conceptualisation of extreme poverty, particularly in continental Africa, risks plunging more of those who live a little above the human minimum threshold into poverty. I then argue that a disproportionate distribution of responsibility that is sensitive to the economic disparities that exist among the non-poor population holds a better promise for success in the fight against extreme poverty in Africa. (shrink)

Ever since the advent of molecular biology in the 1970s, mechanical models have become the dogma in the field, where a "true" understanding of any subject is equated to a mechanistic description. This has been to the detriment of the biomedical sciences, where, barring some exceptions, notable new feats of understanding have arguably not been achieved in normal and disease biology, including neurodegenerative disease and cancer pathobiology. I argue for a "mechanism-plus-X" paradigm, where mainstay elements of mechanistic models such as (...) hierarchy and correlation are combined with nomological principles such as general operative rules and generative principles. Depending on the question at hand and the nature of the inquiry, X could range from proven physical laws to speculative biological generalizations, such as the notional principle of cellular synchrony. I argue that the "mechanism-plus-X" approach should ultimately aim to move biological inquiries out of the deadlock of oft-encountered mechanistic pitfalls and reposition biology to its former capacity of illuminating fundamental truths about the world. (shrink)

According to deterrence justifications of legal punishment, legal punishment is justified at least in part because it deters offenses. These justifications rely on important empirical assumptions, e.g., that non-punitive enforcement can't deter or that it can't deter enough. I’ll challenge these assumptions and argue that extant deterrence justifications of legal punishment fail. In the process, I examine contemporary deterrence research and argue that it provides no support for these justifications.

The sunspot data seems to indicate that the Sun is likely to enter Maunder Minimum, then it will mean that low Sun activity may cause low temperature in Earth. If this happens then it will cause a phenomenon which is called by some climatology experts as “The Little Ice Age” for the next 20-30 years, starting from the next few years. Therefore, the Earth climate in the coming years tend to be cooler than before. This phenomenon then causes us (...) to ask: what can we do as human being in Earth to postpone or avoid the worsening situation in terms of Earth cooling temperature in the coming years? We think this is a more pressing problem for the real and present danger that we are facing in the Earth. What we are suggesting in this paper is that perhaps it is possible to model Sun-Earth interaction in terms of Shannon entropy. Since Shannon entropy can be expressed as bits of information, then it would mean that perhaps we can do something with Earth temperature by controlling the amount of information transfer and storage in the Earth. This proposal is somewhat in resemblance with message of a 2012 movie “A Thousand words” where we shall strive to love our neighbours and nature, instead of being absorbed in a culture of less-meaningful fast-talk (starred by Eddie Murphy). (shrink)

DOI: 10.1080/00031305.2018.1564697 When the editors of Basic and Applied Social Psychology effectively banned the use of null hypothesis significance testing (NHST) from articles published in their journal, it set off a fire-storm of discussions both supporting the decision and defending the utility of NHST in scientific research. At the heart of NHST is the p-value which is the probability of obtaining an effect equal to or more extreme than the one observed in the sample data, given the null hypothesis and (...) other model assumptions. Although this is conceptually different from the probability of the null hypothesis being true, given the sample, p-values nonetheless can provide evidential information, toward making an inference about a parameter. Applying a 10,000-case simulation described in this article, the authors found that p-values’ inferential signals to either reject or not reject a null hypothesis about the mean (α = 0.05) were consistent for almost 70% of the cases with the parameter’s true location for the sampled-from population. Success increases if a hybrid decision criterion, minimum effect size plus p-value (MESP), is used. Here, rejecting the null also requires the difference of the observed statistic from the exact null to be meaningfully large or practically significant, in the researcher’s judgment and experience. The simulation compares performances of several methods: from p-value and/or effect size-based, to confidence-interval based, under various conditions of true location of the mean, test power, and comparative sizes of the meaningful distance and population variability. For any inference procedure that outputs a binary indicator, like flagging whether a p-value is significant, the output of one single experiment is not sufficient evidence for a definitive conclusion. Yet, if a tool like MESP generates a relatively reliable signal and is used knowledgeably as part of a research process, it can provide useful information. (shrink)

In this chapter, I consider contemporary consequentialist theories of punishment. Consequentialist theories of punishment look to the consequences of punishment to justify the institution of punishment. Two types of theories fall into this category—teleology and aggregationism. I argue that teleology is implausible as it is based on a problematic assumption about the fundamental value of criminal punishment, and that aggregationism provides a more reasonable alternative. Aggregationism holds that punishment is morally justified because it is an institution that helps society to (...) aggregate important moral values. Several theories fall into this category, including general deterrence theories, specific deterrence theories, and preventionism. I critically evaluate these theories and argue that only one specific deterrence theory, namely, my rights-protection theory, provides the most reasonable consequentialist account of punishment. (shrink)

This paper targets a nearly universal assumption in the philosophical literature: that prepunishment is unproblematic for consequentialists. Prepunishment threats do not deter, as deterrence is traditionally conceived. In fact, a pure prepunishment legal system would tend to increase the criminal disposition of the grudgingly compliant. This is a serious problem since, from many perspectives, but especially from a consequentialist one, a primary purpose of punishment is deterrence. I analyze the decision theory behind pre and postpunishments, which helps clarify (...) both what deterrence is and how it operates in consequentialist justifications of punishment. I end by sketching a road map for the future of prepunishment as artificial intelligence and other technological advances generate increasing possibilities for its use. (shrink)

Autonomous and automatic weapons would be fire and forget: you activate them, and they decide who, when and how to kill; or they kill at a later time a target you’ve selected earlier. Some argue that this sort of killing is always wrong. If killing is to be done, it should be done only under direct human control. (E.g., Mary Ellen O’Connell, Peter Asaro, Christof Heyns.) I argue that there are surprisingly many kinds of situation where this is false and (...) where the use of Automated Weapons Systems would in fact be morally required. These include cases where a) once one has activated a weapon expected then to behave lethally, it would be appropriate to let it continue because this is part of a plan whose goodness one was best positioned to evaluate before activating the weapon; b) one expects better long-term consequences from allowing it to continue; c) allowing it to continue would express a decision you made to be resolute, a decision that could not have advantaged you had it not been true that you would carry through with it; d) the weapon is mechanically not recallable, so that, to not allow it to carry through, you would have had to refrain from activating it in the first place, something you expected would have disastrous consequences; e) you must deputize necessary killings to autonomous machines in order to protect yourself from guilt you shouldn’t have to bear; f) it would be morally better for the burden of responsibility for the killing to be shared among several agents, and the agents deputizing killing to machines can do this, especially where it’s not predictable which machine will be successful; g) a killing would be morally better done with elements of randomness and lack of deliberation, and a (relatively stupid) machine could do this where a person could not; h) the machine would be acting as a Doomsday Device, so that it could not have had its hoped for deterrent effect had you not ensured that you would be unable to recall it if enemy action activated it; i) letting it carry through is a necessary part of its own learning process, and you expect that this learning will have salutary effects later on; j) human intervention in the machine’s operation would disastrously impair its precision, or its speed and efficiency; k) using non-automated methods would require human resources you just don’t have in a task that nevertheless must be done (e.g., using land-mines to protect remote installations); l) the weapon has such horrible and indiscriminate power that it is doubtful whether it could be actually used in ways compatible with International Humanitarian Law and the Laws of War, which require that weapons be used only in ways respecting distinctness, necessity and proportionality, but its threat of use could respect these principles in affording deterrence provided human error cannot lead to their accidental deployment, this requiring that they be controlled by carefully designed autonomous and automatic systems. I then consider objections based on conceptions of human dignity and find that very often dignity too is best served by autonomous machine killing. Examples include saving your village by activating a robot to kill invading enemies who would inflict great indignity on your village, using a suicide robot to save yourself from a less dignified death at enemy hands, using a robotic drone to kill someone otherwise not accessible in order to restore dignity to someone this person killed and to his family, and using a robot to kill someone who needs killing, but the killing of whom by a human executioner would soil the executioner’s dignity. I conclude that what matters in rightful killing isn’t necessarily that it be under the direct control of a human, but that it be under the control of morality; and that could sometimes require use of an autonomous or automated device. (This paper was formerly called "Fire and Forget: A Defense of the Use of Autonomous Weapons in War" on Philpapers; the current title is the title of the published version.). (shrink)

To the normal reasons that we think can justify one in preferring something, x (namely, that x has objectively preferable properties, or has properties that one prefers things to have, or that x's obtaining would advance one's preferences), I argue that it can be a justifying reason to prefer x that one's very preferring of x would advance one's preferences. Here, one prefers x not because of the properties of x, but because of the properties of one's having the preference (...) for x. So-revising one's preferences is rational in paradoxical choice situations like Kavka's Deterrence Paradox. I then try to meet the following objections: that this is stoicist, incoherent, bad faith; that it conflates instrumental and intrinsic value, gives wrong solutions to the problems presented by paradoxical choice situations, entails vicious regresses of value justification, falsifies value realism, makes valuing x unresponsive to x's properties, causes value conflict, conflicts with other standards of rationality, violates decision theory, counsels immorality, makes moral paradox, treats value change as voluntary, conflates first- and second-order values, is psychologically unrealistic, and wrongly presumes that paradoxical choice situations can even occur. (shrink)

This article assesses how autonomy and machine learning impact the existential risk of nuclear war. It situates the problem of cyber security, which proceeds by stealth, within the larger context of nuclear deterrence, which is effective when it functions with transparency and credibility. Cyber vulnerabilities poses new weaknesses to the strategic stability provided by nuclear deterrence. This article offers best practices for the use of computer and information technologies integrated into nuclear weapons systems. Focusing on nuclear command and (...) control, avoiding autonomy and machine learning is recommended as one means to reduce the existential risk of unintended nuclear conflict. (shrink)

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

The goal of this essay is to explore "the highly contested nature of [decision-making through adopting] a historically comparative and interdisciplinary approach." Internalist history of game theory treats decision theory as a science of making choices to maximize expected gain. Game theory is applied to nuclear deterrence and military strategy, building markets and designing institutions, analyzing collective action, developing jurisprudence, and addressing crime and punishment. This essay draws on recent historiography of Cold War decision-making to draw into focus the (...) constructive aspects of decision theory to argue that the perceived need to avoid worst-case scenarios has instead contributed to a world in which the worst outcome is probabilistically assured to occur over the long duree timeframe. (shrink)

This article formulates a deterrence theory of punishment based on Lockean premises. Following authors such as Warren Quinn and Daniel Farrell, it is claimed that a justification for the right to punish must be built upon the recognition of the importance of a right to issue retaliatory threats. Contrary to those authors, however, the articulation of such recognition is made within a Lockean theory of individual rights. This allows us to appreciate the specific role deterrence has in a (...) plausible conception of punishment, and thus address certain objections that have been formulated recently, especially by David Boonin. (shrink)

This article advances a critical analysis of John Rawls’s justification of liberal democratic nuclear deterrence in the post-Cold War era as found in The Law of Peoples. Rawls’s justification overlooked how nuclear-armed liberal democracies are ensnared in two intransigent ethical dilemmas: one in which the mandate to secure liberal constitutionalism requires both the preservation and violation of important constitutional provisions in domestic affairs, and the other in which this same mandate requires both the preservation and violation of the liberal (...) commitment to international legal arrangements and to the rule of law generally. On this view, the choice to violate constitutional provisions and international legal arrangements is evidence of nuclear despotism. Moreover, this choice does not imply that the ethical foreign policy dilemmas were resolved. Instead, it implies that the dilemmas force liberal democratic governments into implementing ethically paradoxical policy outcomes. (shrink)

When people are united in their suffering for a common cause, that which binds them together is always stronger than their differences. The bond is even sturdier when religious motives define their common convictions. For this reason, during martyrdom, those who are persecuted create peculiar reli - gious identity through their common belief in God. This identity generates a socializing bond which makes them resolute in their united witness to the su - bject of their faith. This was the case (...) with the nineteenth-century Ugandan martyrs who died during the reign of the morally debased King Kabaka Mwan - ga. The novelty of this work consists in accentuating the ecumenicity of the Ugandan martyrdom that came into prominence, inter alia , through the Roman Catholic processes of canonization. It is so because there is no research work that has highlighted the fact that Anglicans and Lutherans were equally put to death in their defence of the Christian beliefs and morality alongside the Ro - man Catholics. For this reason, this work underlines how an inclusive narrative of the East-African Christian witness to the truth of the gospel brings out the ecumenicity of the Ugandan martyrologic events. Theoretical frameworks of deterrence and group memory were used in the understanding martyrdom and common witnessing in Uganda. In their united witnessing to the Christian faith, the Ugandan martyrs overcame the shackles of denominational divide that co - uld have weakened their common resolve to stand for Christ. Therefore, Chri - stians in contemporary African continent are called to re-receive the spirit of united witnessing to Christ as exhibited by the Ugandan martyrs since this will go a long way to: healing the wounds caused by denominational rivalry, con - trolling the tendency of tearing one another apart because of ethnic interests, sustaining common witness to truth and justice, encouraging all those suffering for their belief in Christ (no matter their denominational rootedness) to stand firm, and strengthening the spiritual bond that connects together all believers in Christ. (shrink)

We criticise Shepard's notions of “invariance” and “universality,” and the incorporation of Shepard's work on inference into the general framework of his paper. We then criticise Tenenbaum and Griffiths' account of Shepard (1987b), including the attributed likelihood function, and the assumption of “weak sampling.” Finally, we endorse Barlow's suggestion that minimum message length (MML) theory has useful things to say about the Bayesian inference problems discussed by Shepard and Tenenbaum and Griffiths. [Barlow; Shepard; Tenenbaum & Griffiths].

This paper explores how the Leviathan that projects power through nuclear arms exercises a unique nuclearized sovereignty. In the case of nuclear superpowers, this sovereignty extends to wielding the power to destroy human civilization as we know it across the globe. Nuclearized sovereignty depends on a hybrid form of power encompassing human decision-makers in a hierarchical chain of command, and all of the technical and computerized functions necessary to maintain command and control at every moment of the sovereign's existence: this (...) sovereign power cannot sleep. This article analyzes how the form of rationality that informs this hybrid exercise of power historically developed to be computable. By definition, computable rationality must be able to function without any intelligible grasp of the context or the comprehensive significance of decision-making outcomes. Thus, maintaining nuclearized sovereignty necessarily must be able to execute momentous life and death decisions without the type of sentience we usually associate with ethical individual and collective decisions. (shrink)

In this paper, I propose a new self-defense theory of punishment, the rights-protection theory. By appealing to the interest theory of right, I show that what we call “the right of self-defense” is actually composed of the right to protect our basic rights. The right of self-defense is not a single, self-standing right but a group of derivative rights justified by their contribution to the protection of the core, basic rights. Thus, these rights of self-defense are both justified and constrained (...) by the basic rights they are supposed to protect. I then explain how this theory responds to a common objection. Opponents argue that, to exercise the right of self-defense, some threat must be present. However, in the context of punishment, the threat has already taken effect or is already gone. Thus, the right of self-defense becomes irrelevant when we punish an offender. I show that this objection is based on an implausibly narrow conception of self-defense. A reasonable conception would allow us to exercise our right of self-defense when there is a present definite threat, a future definite threat, or a potential threat. Thus, we may still exercise our right of self-defense in the context of punishment. (shrink)

This paper’s aim is to provide overview of the punishment of war crimes. It considers first the rationale of the law of war, the identification and scope of war crimes, and proceeds to consider the justification of punishing war crimes, arguing for a consequentialist view with side-constraints. It then considers the alternative of reconciliation.

In this chapter I use virtue theory to critique certain contemporary punishment practices. From the perspective of virtue theory, respect for rational agency indicates a respect for choice-making as the process by which we form dispositions which in turn give rise to further choices and action. To be a moral agent one must be able to act such that his or her actions deserve praise or blame; virtue theory thus demands that moral agents engage in rational choice-making as a means (...) to develop and exercise the character traits from which culpable action issues. With respect to criminal offenders, virtue theory indicates the state is obligated to recognize offenders’ right to form their own moral character via rational choice-making, even while under state supervision. I will argue below that punishment practices should limit choice-making only to the extent necessary to achieve the functions of punishment : whenever possible, punishment should preserve opportunities for the rational exercise of character and development of virtue. This means that even within a prison setting incarcerated offenders should be able to make some choices about their daily lives. Offenders should also be offered opportunities to develop virtuous traits through rehabilitative programming such as drug addiction treatment, educational programming, and job training. I will also argue that two contemporary punishment practices unjustly undermine an offender’s moral agency. The first is the overuse of isolation sanctions, which very severely limits offender choice-making. The second is chemical castration, which results in limiting an offender’s capacity to develop his character within a specific realm of choice-making. I conclude that these two punishments violate offenders’ moral agency, and that this violation cannot be justified by appeal to the aims of incapacitation, deterrence, retribution, and rehabilitation. (shrink)

Traditional justifications of punishment, deterrence theory and retributivism, are subject to counterexamples that show that they do not explain why generally we have positive reason to punish those who commit serious crimes. Nor do traditional views sufficiently explain why criminals cannot reasonably object to punishment on the grounds that it deprives them of goods to which they are usually entitled. I propose an alternative justification of punishment, grounded in its blaming function. According to the “reactive theory,” punishment is justified (...) because it expresses the appropriate indignation of the community. I argue that this blaming function provides a superior account of the positive reason to punish and of why serious criminals cannot reasonably object to their punishment. (shrink)

The dispute about the role of class in understanding the life situations of people of color has tended to be overpolarized, between a class reductionism and an “it's only race” position. Class processes shape racial groups’ life situations. Race and class are also distinct axes of injustice; but class injustice informs racial injustice. Some aspects of racial injustice can be expressed only in concepts associated with class (e.g., material deprivation, inferior education). But other aspects of racial injustice or other harms, (...) such as racial discrimination or stigma, are not reducible to class concepts and cannot be fully addressed through class-focused policies. Overall, any attempt to fully secure racial justice for a racial group will require a combination of race-focused and class-focused policies. Anti-racist outlooks often neglect or downplay either the normative or the explanatory significance of class, or both—for example, by overlooking or downplaying the dignitary harms of class and the material harms of race; missing the historical dimension of class injustice; masking class by a narrowing of the complex normative structure of racial disparities; or not recognizing that a class-focused initiative (like raising the minimum wage) can address substantial racial justice concerns, even though not all of them. “Systemic racism” terminology recognizes class explanatorily but suppresses it normatively. Charles Mills's influential notion of “white supremacy,” while a powerful tool for conceptualizing and illuminating racial injustice, can also contribute to minimizing or masking the justice-related impact of class, as do some of Mills's specific discussions of class in various writings. (shrink)

We can evaluate laws as better or worse relative to different normative standards. One might lament the fact that a law violates human rights or, in a different register, marvel at its ease of application. A question in legal philosophy is whether some standards for evaluating laws are fixed by—or grounded in—the very nature of law. I take Raz’s discussion of the distinctively legal virtues, those that fall under the rubric of the “Rule of Law” such as clarity, generality, and (...) non-retroactivity, as my starting point for exploring a very general puzzle about the relationship between law’s essence and its virtue. -/- The claim that there are some virtues that laws have qua laws invites a comparison between law and other “goodness-fixing kinds.” A kind is goodness-fixing if what it is to be a member of the kind fixes a standard for evaluating instances as better or worse. For example, if an object belongs to the kind CLOCK, whether it keeps time accurately provides a basis for evaluating it as better or worse as a clock. Furthermore, the relevant normative fact—if a clock does not keep time accurately, it is a bad clock—is at least partly explainable in terms of the nature of clocks (clocks are things that are supposed to be keep time accurately). Hence, for any goodness-fixing kind, K, that sets a standard, S, for evaluating Ks as Ks, we can ask: (1) How does the nature of Ks explain S? (2) Does being a K depend on meeting a minimum threshold of S-relative goodness? In the case of law and its constitutive standard defined by the Rule-of-Law virtues, these questions lack settled answers. Although Raz offers some discussion, I argue that his answers have the surprising upshot of rendering law sui generis relative to other goodness-fixing kinds, and that preserving continuity with other goodness-fixing kinds involves revising the general picture. (shrink)

私たちが最初に留意しなければならないのは、中国がこれを言うか、中国がそうしていると言うとき、我々は中国の人々について話すのではなく、CCPを支配する社会主義者、すなわちCCPの常任委員会の7人の老人社 会病連続殺人犯(SSSSK)または政治局の25人のメンバーについて話しているということです。 CCPの第一次世界大戦と完全支配の計画は、中国政府の出版物や演説で非常に明確にレイアウトされており、これは習近平の「チャイナドリーム」です。中国を支配する小さな少数派(おそらく数十人から数百人)と他の 誰にとっても悪夢(14億人の中国人を含む)にとっては夢です。年間100億ドルは、彼らまたは彼らの人形が毎日どこでもほとんどの主要メディアにフェイクニュースを置き、新聞、雑誌、テレビ、ラジオチャンネルを 所有または制御し、置くことを可能にします。 さらに、彼らはより多くのプロパガンダを置き、正当な解説(50セントの軍隊)をかき消すすべてのメディアを荒らす軍隊(おそらく何百万人もの人々)を持っています。 第3の資源を取り除くことに加えて、数兆ドルの一帯一路イニシアチブの大きな推力は、世界中に軍事基地を建設しています。彼らは自由な世界をソ連との冷戦をピクニックのように見せる大規模なハイテク軍拡競争に追い 込んでいます。 SSSSKと世界の軍隊の残りの部分は、高度なハードウェアに巨額を費やしていますが、WW3(またはそれに至るまでの小規模なエンゲージメント)がソフトウェア支配になる可能性が高いです。SSSSKは、おそら くより多くのハッカー(コーダー)が彼らのために働き、世界の他のすべての部分を組み合わせることで、ネットを介して敵を麻痺させることによって、最小限の物理的な紛争で将来の戦争に勝つことは問題外ではありませ ん。衛星、電話、通信、金融取引、電力網、インターネット、高度な武器、車両、電車、船、飛行機はありません。 CCPを削除し、14億人の中国人囚人を解放し、第三次世界大戦への狂気の行進を終わらせるための2つの主要な道しかありません。 平和的なものは、軍がうんざりしてCCPを打ち切るまで、中国経済を荒廃させるために全面的な貿易戦争を開始することです。 中国経済を閉鎖する代わりに、CCPの第20回議会で50機の熱圧ドローンが1か所に位置する場合、標的型ストライキなど、限られた戦争であるが、2022年まで行われないので、年次本会議に当たる可能性がある。 中国人は、攻撃が起こったように、彼らは腕を下ろし、民主的な選挙を行うか、石器時代にヌックされる準備をしなければならないと知らされるだろう。もう一つの選択肢は、全面的な核攻撃です。 軍事的対立は、CCPの現在のコースを考えると避けられない。 南シナ海や台湾の島々で数十年以内に起こる可能性が高いが、世界中に軍事基地を設置するにつれて、どこでも起こり得る(クラウチング・タイガーなど参照)。 将来の紛争は、すべての軍事および産業通信、機器、発電所、衛星、インターネット、銀行、およびネットに接続されたデバイスまたは車両の制御システムをハッキングし、麻痺させることによってサイバー戦争を強調する ために、CCPの述べられた目的とハードキルとソフトキルの側面を持つことになります。 SSは、中国からの信号を待っているか、あるいは米国の船や飛行機の署名を探している場合でも、休眠状態にある可能性のある通常兵器や核兵器を打ち上げることができる有人および自律的な表面および水中潜水艦または ドローンの世界的な配列をゆっくりとフィールド化しています。 私たちの衛星を破壊し、したがって、世界中のアメリカと我々の軍隊との間の通信を排除しながら、彼らは私たちの現在優れた海軍を標的にし、破壊するためにドローンと一緒に、彼ら自身を使用します。 もちろん、このすべてがAIによってますます自動的に行われます。 CCPの最大の同盟国はアメリカの民主党です。 選択は、今CCPを停止するか、彼らは全世界に中国の刑務所を拡張として見てです。 .

This chapter examines how advances in nanotechnology might impact criminal sentencing. While many scholars have considered the ethical implications of emerging technologies, such as nanotechnology, few have considered their potential impact on crucial institutions such as our criminal justice system. Specifically, I will discuss the implications of two types of technological advances for criminal sentencing: advanced tracking devices enabled by nanotechnology, and nano-neuroscience, including neural implants. The key justifications for criminal punishment- including incapacitation, deterrence, rehabilitation, and retribution – apply (...) very differently to criminal sentences using these emerging technologies than they do to imprisonment. Further, use of these technologies would represent a shift away from retribution as the primary justification for criminal punishment. In addition, the possibility of nano-neural implants entails a new model of rehabilitation: namely, involuntary rehabilitation aimed at changing an offender’s character, rather than his environment. (shrink)

How should we undertand the role of norms—especially epistemic norms—governing assertive speech acts? Mitchell Green (2009) has argued that these norms play the role of handicaps in the technical sense from the animal signals literature. As handicaps, they then play a large role in explaining the reliability—and so the stability (the continued prevalence)—of assertive speech acts. But though norms of assertion conceived of as social norms do indeed play this stabilizing role, these norms are best understood as deterrents and not (...) as handicaps. This paper explains the stability problem for the maintenance of animal signals, and so human communication, for we are animals too, after all; the mechanics of the handicap principle; the role of deterrents and punishments as an alternative mechanism; and the role of social norms governing assertion for the case of human communication. (shrink)

RésuméJe me penche sur un aspect de la philosophie sociale de Popper, à savoir les principes d'évaluation des interprétations historiques. Ma thèse globale est que suivant la perspective poppèrienne, notre choix parmi des interprétations historiques doit user d'au moins deux des critères qu'applique Popper au choix parmi diverses théories scientifiques : une interprétation devrait logiquement se prêter à une réfutation et elle devrait être consistante. Afin de montrer la pertinence et la fécondité de cette approche, je me concentre sur l'interprétation (...) historique des causes de la montée du nazisme que propose Erich Fromm, en particulier dansEscape from Freedom.Je montrerai que l'application de notions psychanalytiques dans le cadre de son interprétation historique a une valeur explicative faible, voire nulle. Son échec à expliquer certaines questions sociales tient à plusieurs raisons. Premièrement, l'auteur ne fournit pas, quoi qu'il en dise, d'explication causale convaincante. Ensuite, les concepts et les multiples hypotheèsesad hocauxquels il a recours tendent è rendre son interprétation irréfutable. Enfin, Fromm s'appuie sur des assomptions théoriques contradictoires. Mon analyse est basée sur la notion fondamentale de Popper voulant que la connaissance scientifique empirique exige au strict minimum une ouverture des interprétations historiques à la critique intersubjective. C'est cette exigence qui permet de les critiquer — c'est-à-dire les accepter, les réfuter et les corriger — sur une base rationnelle. (shrink)

How may nations protect their interests in space if its fragility makes military operations there self-defeating? This essay claims nations are in Prisoners Dilemmas on the matter, and applies David Gauthier’s theories about how it is rational to behave morally—cooperatively—in such dilemmas. Currently space-faring nations should i) enter into co-operative space sharing arrangements with other rational nations, ii) exclude—militarily, but with only terrestrial force—nations irrational or existentially opposed to other nations being in space, and iii) incentivize all nations into co-operation (...) by redistributing some space-generated wealth to nations that might otherwise ruin space. Further, since all nations are rationally incentivized to ever greater dependence on space, and since each, by threatening space, can hold hostage its benefits to all, each can demand resolution of terrestrial discontents with other nations. So each has a rational interest in treating others morally both in space and on terrestrial issues. (shrink)

This book review of Lieber and Press's “The myth of the nuclear revolution: Power politics in the atomic age" challenges the authors' position that nuclear weapons essentially have the same properties of conventional weapons. We argue that nuclear weapons alter warfare because they can end human civilization, and they pose a shared risk of mutual destruction.

Adherents to reconciliation, restorative justice, and related approaches to dealing with social conflict are well known for seeking to minimize punishment, in favor of offenders hearing out victims, making an apology, and effecting compensation for wrongful harm as well as victims forgiving offenders and accepting their reintegration into society. In contrast, I maintain that social reconciliation and similar concepts in fact characteristically require punishment but do not require forgiveness. I argue that a reconciliatory response to crime that includes punitive disavowal (...) but not necessarily forgiveness is supported by an analogy with resolving two-person conflict and by relational facets of human dignity. I also specify a novel account of the type of penalty that is justified by reconciliation, namely, burdensome labor that is likely to foster moral reform on the part of wrongdoers and to compensate their victims, which would serve neither retributive nor deterrent functions. I illustrate this conception of punishment in contexts that include having cheated on an exam at a university, engaged in criminal behavior such as robbery, and committed atrocities during large-scale social conflict. (shrink)