Acts of violence and murder have historically proved difficult to accommodate in standard accounts of the formula of universal law (FUL) version of Kant’s Categorical Imperative (CI). In “Murder and Mayhem,” Barbara Herman offers a distinctive account of the status of these acts that is intended to be appropriately didactic in comparison to accounts like the practical contradiction model. I argue that while Herman’s account is a promising one, the distinction she makes between coercive and non-coercive violence and (...) her response to concerns with the classification of the latter as imperfect duties raise significant questions about the status of some duties. I suggest that we look, instead, to Kant’s treatment of suicide in The Metaphysics of Morals for an account of norms of non-violence and, in particular, to the connection between this duty and concerns with inner freedom and moral health. I argue that we can use this account to inform our general understanding of duties prohibiting killing and violence, and that the resulting account is a promising one. (shrink)

Two attitudes are possible: one, that the world is an absolute jungle and that the exercise of coercive power by rulers is only a manifestation of this; and the other, that it is both necessary and right that there should be this exercise of power, that through it the world is much less of a jungle than it could possibly be without it, so that one should in principle be glad of the existence of such power, and only take exception (...) to its unjust exercise. (shrink)

The trial took place at Bristol Crown Court, England, United Kingdom for the murder of Joanna Yeates, and Dr Vincent Tabak was the Defendant. The author attended at court for this trial and this paper notes many of the obvious and unsatisfactory legal and procedural points in this trial. Dr Vincent Tabak was convicted of the murder at this trial. Of course the jury were not to know the finer points of law as the lower court judge did (...) not advise the jury of any such points before they adjourned to make their decision. All but one concluded that Dr Tabak was guilty as charged, although even the charge was vague and all-encompassing as he was charged with ‘murder between Friday 17 December 2010 and Sunday 19 December 2010’. Defence counsel, very eminent barrister-at-law, appeared to be cowed by the other side and let them walk all over this case procedurally. For example, prosecution counsel handed him 1200 pages of evidence on the first day of the trial, as if to FULFIL disclosure obligations. E was stunned and asked the court for time off. But this was never again discussed. -/- The lower court judge appeared as if he had already decided on the case. When Defence Counsel asked him if he had before him a copy of a certain document, he flippantly say he had it but had left it on his desk in his room. When Defence Counsel, of international renown, was ready to present his opening speech and cross-examination of his client, Dr Vincent Tabak, this lower court judge dismissed the jury to their lunch break knowing that counsel was going to speak. Court had to be adjourned and the members of the jury quickly assembles by the court porters as they were leaving the court, which must have hampered their interest in what counsel’s statement said. A photograph of a dead body by a roadside, allegedly, Miss Yeates, was shown by projector slide a dozen irrelevant times during the trial period, thus embedding that photograph in the jury’s mind. The computer evidence leaves much to be desired and could, some suggested, easily have been concocted by the prosecution team, abusing the law of metadata evidence. Te lady who presented it did not give the court her qualifications and her expertise if any- and much more that beggars belief and loses trust in the British Criminal Justice System, such as it is, following ‘form over substance’. -/- . (shrink)

Both the slasher movie and its more recent counterpart the "torture porn" film centralize graphic depictions of violence. This article inspects the nature of these portrayals by examining a motif commonly found in the cinema of homicide, dubbed here the "pure moment of murder": that is, the moment in which two characters’ bodies adjoin onscreen in an instance of graphic violence. By exploring a number of these incidents (and their various modes of representation) in American horror films ranging from (...) Psycho (1960) to Saw VI (2009), the article aims to expound how these images of slaughter demonstrate (albeit in an augmented, hyperbolic manner) a number of long-standing problems surrounding selfhood that continue to fuel philosophical discussion. The article argues that the visual adjoining of victim and killer onscreen echoes the conundrum that in order to attain identity, the individual requires and yet simultaneously repudiates the Other that constitutes unique subjectivity. (shrink)

Originally titled “Is It Murder in Tennessee to Kill a Chimpanzee,” this article argues in some detail that typical legal definitions of “murder” as involving the intentional killing of “a reasonable being” would require classifying the intentional killing of chimpanzees as murder.

Numerous studies indicate that racial minorities are both more likely to be executed for murder and that those who murder them are less likely to be executed than if they murder whites. Death penalty opponents have long attempted to use these studies to argue for a moratorium on capital punishment. Whatever the merits of such arguments, they overlook the fact that such discrimination alters the costs of murder; racial discrimination imposes higher costs on minorities for murdering (...) through tougher sentences, and it imposes lower costs on whites for murdering minorities by dispensing weaker sentences. These cost differentials constitute an injustice not simply to actual minority defendants in capital cases, nor simply to the actual minority victims of murder, but to all members of minority communities. I here offer two arguments for a moratorium on capital punishment: The first draws upon evidence of racial discrimination against minority defendants in capital cases, and claims that such discrimination modifies the costs of murder in such a way that minority individuals do not enjoy equal status under the law. The second draws upon the evidence regarding racial discrimination in relation to the race of victims, and claims that such discrimination modifies the costs of murder in such a way that minority individuals do not enjoy the equal protection of the law. Thus, by not assigning equal costs to murder, the American criminal justice system fails to provide racial minorities the equality under the law and discounts the value of their lives and liberties. A moratorium is the least unjust response to such a social injustice. I also reply to the criticism that a moratorium prevents us from executing deserving murderers. (shrink)

In this review essay, I review in detail Abram de Swann's fine new book, The Killing Compartments. The book is a theoretical analysis of the varieties and causes of genocides and other mass asymmetrical killing campaigns. I then suggest several criticisms of his analysis.

There has been a shift in belief from God to nature. This shift is educational and based on theories and methodologies revealed by science that contradict the importance of and existence of a God. This shift has transformed society through education to a lack of ethic and moral terpitude.

Although this piece was inspired by the kinds of legal puzzles discussed by Hart and Honore in Causation in the Law, the puzzle cases presented here are intended to test the reader's intuitions about what constitutes murder. Play along!

In this article I criticize the recommendations of some prominent statisticians about how to estimate and compare probabilities of the repeated sudden infant death and repeated murder. The issue has drawn considerable public attention in connection with several recent court cases in the UK. I try to show that when the three components of the Bayesian inference are carefully analyzed in this context, the advice of the statisticians turns out to be problematic in each of the steps.

This Article argues that just as the act of forcing sex upon a rapist is itself rape, the execution of a murderer is itself murder. Part I clears the way by defeating three simple, but common, arguments that capital punishment is not murder. Part II shows that despite moral theorists' best attempts to show otherwise, executions seem to instantiate all the morally relevant properties of murder. Part III notes a lacuna in the literature on capital punishment: Even (...) if there is a good moral reason to execute murderers, the distinction between capital punishment and murder requires a plausible account of the state's right to execute citizens. We have no such account. (shrink)

Professor Dan Markel was an expert criminal lawyer at Florida State University. He was murdered in broad daylight at his home. Here is a part of a hypothesis that no one has yet to dispute or otherwise.

I respond to an objection against satisficing consequentialism, due to Tim Mulgan.

The problem of the man who met death in Damascus appeared in the infancy of the theory of rational choice known as causal decision theory. A straightforward, unadorned version of causal decision theory is presented here and applied, along with Brian Skyrms’ deliberation dynamics, to Death in Damascus and similar problems. Decision instability is a fascinating topic, but not a source of difficulty for causal decision theory. Andy Egan’s purported counterexample to causal decision theory, Murder Lesion, is considered; a (...) simple response shows how Murder Lesion and similar examples fail to be counterexamples, and clarifies the use of the unadorned theory in problems of decision instability. I compare unadorned causal decision theory to previous treatments by Frank Arntzenius and by Jim Joyce, and recommend a well-founded heuristic that all three accounts can endorse. Whatever course deliberation takes, causal decision theory is consistently a good guide to rational action. (shrink)

Luck (2009) argues that gamers face a dilemma when it comes to performing certain virtual acts. Most gamers regularly commit acts of virtual murder, and take these acts to be morally permissible. They are permissible because unlike real murder, no one is harmed in performing them; their only victims are computer-controlled characters, and such characters are not moral patients. What Luck points out is that this justification equally applies to virtual pedophelia, but gamers intuitively think that such acts (...) are not morally permissible. The result is a dilemma: either gamers must reject the intuition that virtual pedophelic acts are impermissible and so accept partaking in such acts, or they must reject the intuition that virtual murder acts are permissible, and so abstain from many (if not most) extant games. While the prevailing solution to this dilemma has been to try and find a morally relevant feature to distinguish the two cases, I argue that a different route should be pursued. It is neither the case that all acts of virtual murder are morally permissible, nor are all acts of virtual pedophelia impermissible. Our intuitions falter and produce this dilemma because they are not sensitive to the different contexts in which games present virtual acts. (shrink)

Though this volume is a bit dated, there are few recent popular books dealing specifically with the psychology of murder and it’s a quick overview available for a few dollars, so still well worth the effort. It makes no attempt to be comprehensive and is somewhat superficial in places, with the reader expected to fill in the blanks from his many other books and the vast literature on violence. For an update see e.g., Buss, The Handbook of Evolutionary Psychology (...) 2nd ed. V1 (2016) p 265, 266, 270–282, 388–389, 545–546, 547, 566 and Buss, Evolutionary Psychology 5th ed. (2015) p 26, 96–97,223, 293-4, 300, 309–312, 410 and Shackelford and Hansen, The Evolution of Violence (2014) He has been among the top evolutionary psychologists for several decades and covers a wide range of behavior in his works, but here he concentrates almost entirely on the psychological mechanisms that cause individual people to murder and their possible evolutionary function in the EEA (Environment of Evolutionary Adaptation—i.e., the plains of Africa during the last million years or so). -/- Buss starts by noting that as with other behaviors, ‘alternative’ explanations such as psychopathology, jealousy, social environment, group pressures, drugs and alcohol etc. do not really explain, since the question still remains as to why these produce homicidal impulses, i.e., they are the proximate causes and not the ultimate evolutionary (genetic) ones. As always, it inevitably boils down to inclusive fitness (kin selection), and so to the struggle for access to mates and resources, which is the ultimate explanation for all behavior in all organisms. Sociological data (and common sense) make it clear that younger poorer males are the most likely to kill. He presents his own and others homicide data from industrialized nations, and tribal cultures, conspecific killing in animals, archeology, FBI data and his own research into normal people's homicidal fantasies. Much archeological evidence continues to accumulate of murders, including that of whole groups, or of groups minus young females, in prehistoric times. -/- After surveying Buss’s comments, I present a very brief summary of intentional psychology (the logical structure of rationality), which is covered extensively in my many other articles and books. -/- Those with a lot of time who want a detailed history of homicidal violence from an evolutionary perspective may consult Steven Pinker’s ‘The Better Angels of Our Nature Why Violence Has Declined’(2012), and my review of it easily available on the net and in two of my recent ebooks. Briefly, Pinker notes that murder has decreased steadily and dramatically by a factor of about 30 since our days as foragers. So, even though guns now make it extremely easy for anyone to kill, homicide is much less common. Pinker thinks this is due to various social mechanisms that bring out our ‘better angels’, but I think it’s due mainly to the temporary abundance of resources from the merciless rape of our planet, coupled with increased police presence, with communication and surveillance and legal systems that make it far more likely to be punished. This becomes clear every time there is even a brief and local absence of the police. -/- Those wishing a comprehensive up to date framework for human behavior from the modern two systems of thought viewpoint may consult my e-book ‘The Logical Structure of Philosophy, Psychology, Mind and Language in Wittgenstein and Searle 367p (2016). Those interested in more of my writings on psychology may see Suicidal Utopian Delusions in the 21st Century--Philosophy, Human Nature and the Collapse of Civilization 392p (2017). For all my writings in their most recent versions, please consult my e-book Philosophy, Human Nature and the Collapse of Civilization - Articles and Reviews 2006-2017 3rd Ed. 686p (2017). -/- All of my papers and books have now been published in revised versions both in ebooks and in printed books. -/- Talking Monkeys: Philosophy, Psychology, Science, Religion and Politics on a Doomed Planet - Articles and Reviews 2006-2017 (2017) https://www.amazon.com/dp/B071HVC7YP. -/- The Logical Structure of Philosophy, Psychology, Mind and Language in Ludwig Wittgenstein and John Searle--Articles and Reviews 2006-2016 (2017) https://www.amazon.com/dp/B071P1RP1B. -/- Suicidal Utopian Delusions in the 21st century: Philosophy, Human Nature and the Collapse of Civilization - Articles and Reviews 2006-2017 (2017) https://www.amazon.com/dp/B0711R5LGX -/- . (shrink)

Though this volume is a bit dated, there are few recent popular books dealing specifically with the psychology of murder and it’s a quick overview available for a few dollars, so still well worth the effort. It makes no attempt to be comprehensive and is somewhat superficial in places, with the reader expected to fill in the blanks from his many other books and the vast literature on violence. For an update see e.g., Buss, The Handbook of Evolutionary Psychology (...) 2nd ed. V1 (2016) p 265, 266, 270–282, 388–389, 545–546, 547, 566 and Buss, Evolutionary Psychology 5th ed. (2015) p 26, 96–97,223, 293-4, 300, 309–312, 410 and Shackelford and Hansen, The Evolution of Violence (2014). He has been among the top evolutionary psychologists for several decades and covers a wide range of behavior in his works, but here he concentrates almost entirely on the psychological mechanisms that cause individual people to murder and their possible evolutionary function in the EEA (Environment of Evolutionary Adaptation—i.e., the plains of Africa during the last million years or so). -/- Buss starts by noting that as with other behaviors, ‘alternative’ explanations such as psychopathology, jealousy, social environment, group pressures, drugs and alcohol etc. do not really explain, since the question still remains as to why these produce homicidal impulses, i.e., they are the proximate causes and not the ultimate evolutionary (genetic) ones. As always, it inevitably boils down to inclusive fitness (kin selection), and so to the struggle for access to mates and resources, which is the ultimate explanation for all behavior in all organisms. Sociological data (and common sense) make it clear that younger poorer males are the most likely to kill. He presents his own and others homicide data from industrialized nations, and tribal cultures, conspecific killing in animals, archeology, FBI data and his own research into normal people's homicidal fantasies. Much archeological evidence continues to accumulate of murders, including that of whole groups, or of groups minus young females, in prehistoric times. -/- After surveying Buss’s comments, I present a very brief summary of intentional psychology (the logical structure of rationality), which is covered extensively in my many other articles and books. -/- Those with a lot of time who want a detailed history of homicidal violence from an evolutionary perspective may consult Steven Pinker’s ‘The Better Angels of Our Nature Why Violence Has Declined’(2012), and my review of it, easily available on the net and in two of my recent books. Briefly, Pinker notes that murder has decreased steadily and dramatically by a factor of about 30 since our days as foragers. So, even though guns now make it extremely easy for anyone to kill, homicide is much less common. Pinker thinks this is due to various social mechanisms that bring out our ‘better angels’, but I think it’s due mainly to the temporary abundance of resources from the merciless rape of our planet, coupled with increased police presence, with communication and surveillance and legal systems that make it far more likely to be punished. This becomes clear every time there is even a brief and local absence of the police. -/- Those wishing a comprehensive up to date framework for human behavior from the modern two systems view may consult my book ‘The Logical Structure of Philosophy, Psychology, Mind and Language in Ludwig Wittgenstein and John Searle’ 2nd ed (2019). Those interested in more of my writings may see ‘Talking Monkeys--Philosophy, Psychology, Science, Religion and Politics on a Doomed Planet--Articles and Reviews 2006-2019 3rd ed (2019), The Logical Structure of Human Behavior (2019), and Suicidal Utopian Delusions in the 21st Century 4th ed (2019) . (shrink)

The Scottish story of the daughter of two doctors who bore five children and who did not take one child to see a doctor when he was ill-he died-she was charged with murder.

I occasionally write on topics relating to psychology since I am a trained psychoanalyst. One of the evils which plagues us is child abuse which a psychologist had correctly called soul murder in the 1990s. This article was written to sensitize parents. And also is philosophy (of evil) in praxes.

Many wrongly believe that emotion plays little or no role in legal reasoning. Unfortunately, Langdell and his “scientific” case method encourage this error. A careful review of analysis in the real world, however, belies this common belief. Emotion can be cognitive, and cognition can be emotional. Additionally, modern neuroscience underscores the “co-dependence” of reason and emotion. Thus, even if law were a certain science of appellate cases (which it is not), emotion could not be torn from such “science.” -/- As (...) we reform legal education, we must recognize the role of cognitive emotion in law and legal analysis. If we fail to do this, we shortchange law schools, students, and the bar in grievous ways. We shortchange the very basics of true and best legal analysis. We shortchange at least half the universe of expression (the affective half). We shortchange the importance of watching and guarding the true interests of our clients, which interests are inextricably intertwined with affective experience. We shortchange the importance of motivation in law, life, and legal education. How can lawyers understand the motives of clients and other relevant parties without understanding the emotions that motivate them? How can lawyers hope to persuade judges, other advocates, or parties across the table in a transaction without grasping affective experience that motivates them? How can law professors fully engage students while ignoring affective experience that motivates students? Finally, we shortchange matters of life and death: emotions affect health and thus the very vigor of the bar. -/- Using insights from practice, modern neuroscience, and philosophy, I therefore explore emotion and other affective experience through a lawyer’s lens. In doing this, I reject claims that emotion and other affective experience are mere feeling (though I do not discount the importance of feeling). I also reject claims that emotion and other affective experience are necessarily irrational or beyond our control. Instead, such experience is often intentional and quite rational and controllable. After exploring law and affective experience at more “macro” levels, I consider three more specific examples of the interaction of law and emotion: (i) emotion, expression, and the first amendment, (ii) emotion in legal elements and exceptions, and (iii) emotion and lawyer mental health. To provide lawyers and legal scholars with a “one-source” overview of emotion and the law, I have also included an Appendix addressing a number of particular emotions. -/- Keywords: Emotion, Cognitive Emotion, Reason, Logos, Pathos, Legal Analysis, Legal Reasoning, Neuroscience, Philosophy, Persuasion, Rhetoric, Expression, First Amendment, Free Speech, Common Law Murder, Mental Health, NAACP v. McCrory, Anger, Contempt, Disgust, Hate, Malice. (shrink)

Following Elizabeth Anscombe, rights exist within practices. A right consists in a bundle of possible and impossible moves within the relevant social 'game', e.g. the practice of private property. What becomes of basic rights on such a social-constructivist conception? Metaphysically, basic rights do not differ from other rights. The right not to be murdered, however, enjoys a transcendental status within Anscombe's moral philosophy, and this construction might extend to other basic rights: Since practical reasoning is directed at the good life, (...) there can be no sound practical inference concluding in murder. Anscombe's argument for this presupposes a particular conception of human dignity, which is quite similar to the dominant conception in contemporary human rights literature. (shrink)

A story does more than recount events; it recounts events in a way that renders them intelligible, thus conveying not just information but also understanding. We might therefore be tempted to describe narrative as a genre of explanation. When the police invite a suspect to “tell his story,” they are asking him to explain the blood on his shirt or his absence from home on the night of the murder; and whether he is judged to have a “good story” (...) will depend on its adequacy as an explanation. Can we account for the explanatory force of narrative with the models of explanation available in the philosophy of science? Or does narrative convey a different kind of understanding, which requires a different model and perhaps even a term other than ‘explanation’? (shrink)

According to the Value-Neutrality Thesis, technology is morally and politically neutral, neither good nor bad. A knife may be put to bad use to murder an innocent person or to good use to peel an apple for a starving person, but the knife itself is a mere instrument, not a proper subject for moral or political evaluation. While contemporary philosophers of technology widely reject the VNT, it remains unclear whether claims about values in technology are just a figure of (...) speech or nontrivial empirical claims with genuine factual content and real-world implications. This paper provides the missing argument. I argue that by virtue of their material properties, technological artifacts are part of the normative order rather than external to it. I illustrate how values can be empirically identified in technology. The reason why value-talk is not trivial or metaphorical is that due to the endurance and longevity of technological artifacts, values embedded in them have long-term implications that surpass their designers and builders. I further argue that taking sides in this debate has real-world implications in the form of moral constraints on the development of technology. (shrink)

Ethicists are typically willing to grant that thick terms (e.g. ‘courageous’ and ‘murder’) are somehow associated with evaluations. But they tend to disagree about what exactly this relationship is. Does a thick term’s evaluation come by way of its semantic content? Or is the evaluation pragmatically associated with the thick term (e.g. via conversational implicature)? In this paper, I argue that thick terms are semantically associated with evaluations. In particular, I argue that many thick concepts (if not all) conceptually (...) entail evaluative contents. The Semantic View has a number of outspoken critics, but I shall limit discussion to the most recent--Pekka Väyrynen--who believes that objectionable thick concepts present a problem for the Semantic View. After advancing my positive argument in favor of the Semantic View (section II), I argue that Väyrynen’s attack is unsuccessful (section III). One reason ethicists cite for not focusing on thick concepts is that such concepts are supposedly not semantically evaluative whereas traditional thin concepts (e.g. good and wrong) are. But if my view is correct, then this reason must be rejected. (shrink)

A dynamic semantics for iffy oughts offers an attractive alternative to the folklore that Chisholm's paradox enforces an unhappy choice between the intuitive inference rules of factual and deontic detachment. The first part of the story told here shows how a dynamic theory about ifs and oughts gives rise to a nonmonotonic perspective on deontic discourse and reasoning that elegantly removes the air of paradox from Chisholm's puzzle without sacrificing any of the two detachment principles. The second part of the (...) story showcases two bonus applications of the framework suggested here: it offers a response to Forrester's gentle murder paradox and avoids Kolodny and MacFarlane's miners paradox about deontic reasoning under epistemic uncertainty. A comparison between the dynamic semantic proposal made in this paper and a more conservative approach combining a static semantics with a dynamic pragmatics is provided. (shrink)

The Black Lives Matter movement has called for the abolition of capital punishment in response to what it calls “the war against Black people” and “Black communities.” This article defends the two central contentions in the movement’s abolitionist stance: first, that US capital punishment practices represent a wrong to black communities rather than simply a wrong to particular black capital defendants or particular black victims of murder, and second, that the most defensible remedy for this wrong is the abolition (...) of the death penalty. (shrink)

Anna Christensen argues that it is implausible to claim that abortion and murder are morally impermissible given that they deprive individuals of a future like ours. In this essay, I provide two responses to Christensen’s argument. First, I show that the premises upon which Christensen’s argument relies have implausible implications. Second, I provide a direct response to Christensen’s challenge, showing that abortion and murder are morally impermissible given that they do deprive individuals of an FLO. Doing so involves (...) drawing a distinction between Acts of killing and Death. Christensen focuses on the latter, but it is the former that is the proper subject in the abortion debate. I conclude that Christensen has failed to provide a response to arguments—like the one presented by Marquis —that murder and abortion are impermissible given that they deprive individuals of an FLO. (shrink)

In ’Abortion and deprivation: a reply to Marquis’, Anna Christensen contends that Don Marquis’ influential ’future like ours’ argument for the immorality of abortion faces a significant challenge from the Epicurean claim that human beings cannot be harmed by their death. If deprivation requires a subject, then abortion cannot deprive a fetus of a future of value, as no individual exists to be deprived once death has occurred. However, the Epicurean account also implies that the wrongness of murder is (...) also not grounded in the badness of death, which is strongly counterintuitive. There is an alternative: we can save our intuitions by adopting a more moderate Epicurean account such as that proposed by David Hershenov, who grounds the wrongness of killing in the prevention of the benefit of further good life rather than in the badness of death. Hershenov’s account, however, is equally applicable to Marquis’ argument: abortion similarly prevents a fetus from enjoying the benefit of a future like ours. Consequently, we conclude that Christensen’s criticism of Marquis’ argument fails to undermine his reasoning. (shrink)

There is recent empirical evidence that personal identity is constituted by one’s moral traits. If true, this poses a problem for those who advocate for moral enhancement, or the manipulation of a person’s moral traits through pharmaceutical or other biological means. Specifically, if moral enhancement manipulates a person’s moral traits, and those moral traits constitute personal identity, then it is possible that moral enhancement could alter a person’s identity. I go a step further and argue that under the right conditions, (...) moral enhancement can constitute murder. I then argue that these conditions are not remote. (shrink)

A murder of an Afro-American detainee by a policeman at the end of May 2020 caused a public outrage in the United States, which led to a campaign against the monuments to historical figures whose reputation, according to the protesters, was marred by racism. Some German publicists, impressed by the campaign, initiated an analogous search for racists among the national thinkers and politicians of the past. Suddenly Kant emerged as a ‘scapegoat’. This statement is an attempt to assess such (...) reactions from the perspective of Russia’s experience. (shrink)

A term expresses a thick concept if it expresses a specific evaluative concept that is also substantially descriptive. It is a matter of debate how this rough account should be unpacked, but examples can help to convey the basic idea. Thick concepts are often illustrated with virtue concepts like courageous and generous, action concepts like murder and betray, epistemic concepts like dogmatic and wise, and aesthetic concepts like gaudy and brilliant. These concepts seem to be evaluative, unlike purely descriptive (...) concepts such as red and water. But they also seem different from general evaluative concepts. In particular, thick concepts are typically contrasted with thin concepts like good, wrong, permissible, and ought, which are general evaluative concepts that do not seem substantially descriptive. When Jane says that Max is good, she appears to be evaluating him without providing much description, if any. Thick concepts, on the other hand, are evaluative and substantially descriptive at the same time. For instance, when Max says that Jane is courageous, he seems to be doing two things: evaluating her positively and describing her as willing to face risk. Because of their descriptiveness, thick concepts are especially good candidates for evaluative concepts that pick out properties in the world. Thus they provide an avenue for thinking about ethical claims as being about the world in the same way as descriptive claims. -/- Thick concepts became a focal point in ethics during the second half of the twentieth century. At that time, discussions of thick concepts began to emerge in response to certain disagreements about thin concepts. For example, in twentieth-century ethics, consequentialists and deontologists hotly debated various accounts of good and right. It was also claimed by non-cognitivists and error-theorists that these thin concepts do not correspond to any properties in the world. Dissatisfaction with these viewpoints prompted many ethicists to consider the implications of thick concepts. The notion of a thick concept was thought to provide insight into meta-ethical questions such as whether there is a fact-value distinction, whether there are ethical truths, and, if there are such truths, whether these truths are objective. Some ethicists also theorized about the role that thick concepts can play in normative ethics, such as in virtue theory. By the beginning of the twenty-first century, the interest in thick concepts had spread to other philosophical disciplines such as epistemology, aesthetics, metaphysics, moral psychology, and the philosophy of law. -/- Nevertheless, the emerging interest in thick concepts has sparked debates over many questions: How exactly are thick concepts evaluative? How do they combine evaluation and description? How are thick concepts related to thin concepts? And do thick concepts have the sort of significance commonly attributed to them? This article surveys various attempts at answering these questions. (shrink)

The debate over whether ‘fair-play’ can serve as a justification for legal punishment has recently resumed with an exchange between Richard Dagger and Antony Duff. According to the fair-play theorist, criminals deserve punishment for breaking the law because in so doing the criminal upsets a fair distribution of benefits and burdens, and punishment rectifies this unfairness. Critics frequently level two charges against this idea. The first is that it often gives the wrong explanation of what makes crime deserving of punishment, (...) since the wrongfulness of murder is not primarily about unfairness. The second is that it implies that all crimes deserve the same degree of punishment, because all crimes create the same degree of unfairness. These objections are viewed as revealing fatal flaws in the theory. Although Dagger attempts to meet these objections by drawing on political theory, Duff responds that this still draws upon the wrong kind of resources for meeting these objections. This paper argues that these two objections rest on a crucial mistake that has been overlooked by both the defenders and critics of fair-play. This mistake results from failing to distinguish between what justifies punishment as a response to crime (which requires a common element to all crime) and what justifies attaching particular penalties to crimes (which requires making distinctions in the severity of crime). The arguments presented will give reasons to consider fair-play as a viable justification for legal punishment. (shrink)

This paper argues that Immanuel Kant’s practical philosophy contains a coherent, albeit implicit, defense of the legitimacy of capital punishment, one that refutes the most important objections leveled against it. I first show that Kant is consistent in his application of the ius talionis. I then explain how Kant can respond to the claim that death penalty violates the inviolable right to life. To address the most significant objection – the claim that execution violates human dignity – I argue that (...) motives of honor, as Kant conceives it, require a rational person to will her own execution, were she to commit murder. (shrink)

This thesis justifies the need for and develops a new integrated model of practical reasoning and argumentation. After framing the work in terms of what is reasonable rather than what is rational (chapter 1), I apply the model for practical argumentation analysis and evaluation provided by Fairclough and Fairclough (2012) to a paradigm case of unreasonable individual practical argumentation provided by mass murderer Anders Behring Breivik (chapter 2). The application shows that by following the model, Breivik is relatively easily able (...) to conclude that his reasoning to mass murder is reasonable – which is understood to be an unacceptable result. Causes for the model to allow such a conclusion are identified as conceptual confusions ingrained in the model, a tension in how values function within the model, and a lack of creativity from Breivik. Distinguishing between dialectical and dialogical, reasoning and argumentation, for individual and multiple participants, chapter 3 addresses these conceptual confusions and helps lay the foundation for the design of a new integrated model for practical reasoning and argumentation (chapter 4). After laying out the theoretical aspects of the new model, it is then used to re-test Breivik’s reasoning in light of a developed discussion regarding the motivation for the new place and role of moral considerations (chapter 5). The application of the new model shows ways that Breivik could have been able to conclude that his practical argumentation was unreasonable and is thus argued to have improved upon the Fairclough and Fairclough model. It is acknowledged, however, that since the model cannot guarantee a reasonable conclusion, improving the critical creative capacity of the individual using it is also of paramount importance (chapter 6). The thesis concludes by discussing the contemporary importance of improving practical reasoning and by pointing to areas for further research (chapter 7). (shrink)

[This download includes the table of contents and chapter 1.] When we praise, blame, punish, or reward people for their actions, we are holding them responsible for what they have done. Common sense tells us that what makes human beings responsible has to do with their minds and, in particular, the relationship between their minds and their actions. Yet the empirical connection is not necessarily obvious. The “guilty mind” is a core concept of criminal law, but if a defendant on (...) trial for murder were found to have serious brain damage, which brain parts or processes would have to be damaged for him to be considered not responsible, or less responsible, for the crime? What mental illnesses would justify legal pleas of insanity? The authors argue that evidence from neuroscience and cognitive science can illuminate and inform the nature of responsibility and agency. They go on to offer a novel and comprehensive neuroscientific theory of human responsibility. (shrink)

The hidden brain has its finger on the scale when we make all of our most complex and important decisions – it decides who we fall in love with, whether we should convict someone of murder, or which way to run when someone yells “fire ...

This is part of a symposium on conscientious objection and religious freedom inspired by the US Catholic Church's claim that being forced to pay for health insurance that covers abortions (the effect of 'Obamacare')is the equivalent of forcing pacifists to fight. This article takes issue with this claim, and shows that while it would be unjust on democratic principles to force pacifists to fight, given their willingness to serve their country in other ways, there is no democratic objection to forcing (...) those who believe abortion to be murder to pay for health insurance coverage that includes abortion. (shrink)

With the 1948 UN Universal Declaration of Human Rights, the idea of human rights came into its own on the world stage. More than anything, the Declaration was a response to the Holocaust, to both its perpetrators and the failure of the rest of the world adequately to come to the aid of its victims. Since that year, however, we have seen many more cases of mass murder. Think of China, Bali, Cambodia, Ethiopia, Guatemala, the former Yugoslavia, Rwanda, and (...) now Darfur. Of course one could always claim that such horrors would have been even more frequent if not for the Declaration. But I want to argue otherwise. For I believe that human rights have contributed to making mass murder more, rather than less, likely. To be clear, my concern is specifically with the language of human rights, not the values it expresses, values which I certainly endorse. The problem with this language is that it is abstract. And the problem with abstraction is that it demotivates, it 'unplugs' us from the 'moral sources,' as Charles Taylor would call them, which empower us to act ethically. After showing why, I then go on to describe how the rise of human rights has constituted an ironic tragedy of sorts for those philosophers who have attempted to lend it intellectual support. On the whole, they may be divided into two groups. One, led by cosmopolitans such as Martha Nussbaum and Thomas Pogge, tries to interlock rights within systematic theories of justice, thus fixing the priorities between them. The other, led by value pluralists such as Isaiah Berlin, Stuart Hampshire, and Bernard Williams, rejects such theories as infeasible and asserts that the best we can do when rights conflict is to negotiate. Yet both approaches, I argue, are counter-productive. (shrink)

Aunque este volumen es un poco anticuado, hay pocos libros populares recientes que tratan específicamente con la psicología del asesinato y es una visión general rápida disponible por unos pocos dólares, por lo que aún así vale la pena el esfuerzo. No hace ningún intento de ser exhaustiva y es algo superficial en los lugares, con el lector se espera que llene los espacios en blanco de sus muchos otros libros y la vasta literatura sobre la violencia. Para una actualización, (...) véase, por ejemplo, Buss, El Manual de Psicología Evolutiva 2a Ed. v1 (2016) p 265, 266, 270 – 282, 388 – 389, 545 – 546, 547, 566 y Buss, Psicología Evolutiva 5º Ed. (2015) p 26, 96 – 97223, 293-4, 300, 309 – 312, 410 y Shackelford y Hansen , La evolución de la violencia (2014). Ha estado entre los mejores psicólogos evolutivos durante varias décadas y cubre una amplia gama de comportamientos en sus obras, pero aquí se concentra casi enteramente en los mecanismos psicológicos que causan que las personas individuales asesinen y sus posibles función evolutiva en el EEE (medio ambiente de adaptación evolutiva — i. e., las llanuras de África durante los últimos millones de años). -/- Los Buss comienzan señalando que como con otros comportamientos, las explicaciones ' alternativas ' como la psicopatología, los celos, el entorno social, las presiones grupales, las drogas y el alcohol, etc. no explican realmente, ya que la pregunta sigue siendo en cuanto a por qué estos producen impulsos homicidas, es decir, son las causas próximas y no las últimas evolutivas (genéticas). Como siempre, inevitablemente se reduce a la aptitud inclusiva (selección de parientes), y por lo tanto a la lucha por el acceso a los compañeros y recursos, que es la máxima explicación para todos los comportamientos en todos los organismos. Los datos sociológicos (y el sentido común) aclaran que los machos más pobres son los más propensos a matar. Él presenta sus propios y otros datos de homicidios de las naciones industrializadas, y las culturas tribales, la matanza conespecífica en animales, la arqueología, los datos del FBI y su propia investigación sobre las fantasías homicidas de las personas normales. Mucha evidencia arqueológica continúa acumulando asesinatos, incluyendo el de grupos enteros, o de grupos menos mujeres jóvenes, en tiempos prehistóricos. -/- Después de examinar los comentarios de Buss, presento un breve resumen de la psicología intencional (la estructura lógica de la racionalidad), que se cubre extensamente en mis muchos otros artículos y libros. -/- Aquellos con mucho tiempo que quieran una historia detallada de violencia homicida desde una perspectiva evolutiva pueden consultar a Steven Pinker ' los mejores ángeles de nuestra naturaleza por qué la violencia ha disminuido ' (2012), y mi revisión de ella, fácilmente disponible en la red y en dos de mis libros recientes. Brevemente, Pinker señala que el asesinato ha disminuido de manera constante y dramática por un factor de alrededor de 30 desde nuestros días como forrajeras. Por lo tanto, a pesar de que las armas ahora hacen que sea extremadamente fácil matar a alguien, el homicidio es mucho menos común. Pinker piensa que esto se debe a varios mecanismos sociales que traen a cabo nuestros "mejores ángeles", pero creo que se debe principalmente a la abundancia temporal de recursos de la violación despiadada de nuestro planeta, junto con una mayor presencia policial, con la comunicación y sistemas de vigilancia y jurídicos que hacen que sea mucho más probable que sea castigado. Esto se hace claro cada vez que hay incluso una ausencia breve y local de la policía. -/- Aquellos que deseen un marco completo hasta la fecha para el comportamiento humano de la moderna dos sistemas punto de vista puede consultar mi libros Talking Monkeys 3ª ed (2019), Estructura Logica de Filosofia, Psicología, Mente y Lenguaje en Ludwig Wittgenstein y John Searle 2a ed (2019), Suicidio pela Democracia 4ª ed (2019), La Estructura Logica del Comportamiento Humano (2019), The Logical Structure de la Conciencia (2019, Entender las Conexiones entre Ciencia, Filosofía, Psicología, Religión, Política y Economía y Delirios Utópicos Suicidas en el siglo 21 5ª ed (2019), Observaciones sobre Imposibilidad, Incompletitud, Paraconsistencia, Indecidibilidad, Aleatoriedad, Computabilidad, Paradoja e Incertidumbre en Chaitin, Wittgenstein, Hofstadter, Wolpert, Doria, da Costa, Godel, Searle, Rodych Berto, Floyd, Moyal-Sharrock y Yanofsky y otras. (shrink)

In her article, "Thinking and Moral Considerations," Hannah Arendt provides a provocative approach to the question of evil by suggesting that banal evil-the most common kind-may arise directly from thoughtlessness. If that is so, thinking may provide an antidote to evil. Learning to think would then offer the individual and society protection against the dangers of thoughtless evil. She further suggests that thinking may clear the way for a form of judging that "when the chips are down" may turn people (...) toward right rather than wrong, beauty rather than ugliness. In this essay I address her claim by noting an example of apparently thoughtless evil, the murder of Duncan by Macbeth, and by showing how this event clarifies Arendt's thesis, including both its weaknesses and its strengths. The use of Macbeth will amount to a sketch of certain features of the play particularly relevant to this ethical issue, followed by an analysis of ways Arendt's thesis connects with the murder of Duncan. (shrink)

In February 1994, Stephen Mobley was convicted of the murder of John Collins. Mobley's lawyers attempted to introduce genetic evidence in an attempt to have Mobley's sentence reduced from death to life imprisonment. I examine the prospects for appeal to genetic determinism as a criminal defense. Guided by existing standards for insanity defenses, I argue that a genetic defense might be allowable in exceptional cases but will not be generally available as some have worried.

Este no es un libro perfecto, pero es único, y si usted hojean las primeras 400 o así páginas, el último 300 (de unos 700) son un buen intento de aplicar lo que se sabe sobre el comportamiento a los cambios sociales en la violencia y las costumbres con el tiempo. El tema básico es: ¿Cómo controla y limita el cambio social nuestra genética? Sorprendentemente, no puede describir la naturaleza de la selección de parientes (aptitud inclusiva) que explica gran parte (...) de la vida social humana y animal. Él también (como casi todo el mundo) carece de un marco claro para describir la estructura lógica de la racionalidad (LSR-el término preferido de John Searle) que prefiero llamar la psicología descriptiva del pensamiento de orden superior (DPHOT). Debería haber dicho algo sobre las muchas otras formas de abusar y explotar a la gente y el planeta, ya que ahora son mucho más severos que hacer otras formas de violencia Casi Irrelevante. Ampliar el concepto de violencia para incluir el largo-consecuencias a término de la replicación de los genes de alguien, y tener una comprensión de la naturaleza de cómo funciona la evolución (es decir, la selección de parientes) proporcionará una perspectiva muy diferente sobre la historia, los acontecimientos actuales y cómo es probable que las cosas vayan en los próximos cientos de años. Uno podría comenzar señalando que la disminución de la violencia física sobre la historia se ha igualado (y hecho posible) por la violación despiadada en constante aumento del planeta (es decir, por la destrucción de las personas de su propio descendiente’s futuro). Pinker (como la mayoría de las personas la mayoría del tiempo) a menudo se distrae por las superficialidades de la cultura cuando es la biología lo que importa. Vea mis reseñas recientes de ' la conquista social de la tierra ' de Wilson y de los ' SuperCooperators ' de Nowak y Highfield aquí y en la red para obtener un breve resumen de la vacuidad de ' true Altruismo' (selección de grupo), y el funcionamiento de la selección de parientes y la inutilidad y la superficialidad de describir el comportamiento en términos culturales. Esta es la naturaleza clásica/tema de la crianza y la naturaleza triunfa-infinitamente. Lo que realmente importa es la violencia que se ha hecho a la tierra por el incesante aumento de la población y la destrucción de los recursos (debido a la medicina y la tecnología y la supresión de conflictos por la policía y los militares). Acerca de 200.000 más personas al día (otra las Vegas cada 10 días, otro los Angeles cada mes), el 6 Toneladas o así de la tierra que va al mar/persona/año – alrededor del 1% del total del mundo desapareciendo anualmente, etc. significan que a menos que ocurra algún milagro, la Biosfera y la civilización colapsarán en gran medida Durante próximos dos siglos, y habrá hambre, miseria y violencia de todo tipo en una escala asombrosa. Los modales, las opiniones y las tendencias de las personas para cometer actos violentos no son pertinentes a menos que puedan hacer algo para evitar esta catástrofe, y no veo cómo va a suceder. No hay espacio para los argumentos, y ningún punto o bien (sí soy un fatalista), así que voy a hacer algunos comentarios como si fueran hechos. No Imagine que tengo una participación personal en la promoción de un grupo a expensas de otros. Tengo 78, no tienen descendientes ni parientes cercanos y no se identifican con ningún grupo político, nacional o religioso y consideran que los que pertenezco por defecto son tan repulsivos como todos los demás. Los padres son los peores enemigos de la vida en la tierra y, tomando la visión amplia de las cosas, las mujeres son tan violentas como los hombres cuando uno considera el hecho de que la violencia de las mujeres (como la mayoría de los que hacen los hombres) se hace en gran medida en cámara lenta, a una distancia en el tiempo y el espacio y en su mayoría realizado por sus descendientes y por los hombres. Cada vez más, las mujeres tienen hijos sin importar si tienen una pareja y el efecto de detener a una mujer de la cría es en promedio mucho mayor que detener a un hombre, ya que son el cuello de botella reproductivo. Uno puede tomar la opinión de que las personas y sus crías merecen abundantemente cualquier miseria que se le presente y (con raras excepciones) los ricos y famosos son los peores delincuentes. Meryl Streep o Bill Gates o J. K Rowling y cada uno de sus hijos puede destruir 50 toneladas de tierra vegetal cada año por generaciones en el futuro, mientras que un granjero indio y su puede destruir 1 tonelada. Si alguien lo niega está bien, y a sus descendientes le digo "Bienvenido al infierno en la tierra" (WTHOE). El énfasis hoy en día siempre está en los derechos humanos, pero está claro que si la civilización tiene una oportunidad, las responsabilidades humanas deben reemplazar a los derechos humanos. Nadie obtiene derechos sin ser un ciudadano responsable y lo primero que esto significa es minimal destrucción ambiental. La responsabilidad más básica no son los niños a menos que su sociedad le pida que los produzca. Una sociedad o un mundo que permite a las personas reproducirse al azar siempre será explotada por los genes egoístas hasta que colapse (o llegue a un punto donde la vida es tan horrorosa que no vale la pena vivir). Si la sociedad continúa manteniendo los derechos humanos como principal, para sus descendientes uno puede decir con confianza "WTHOE". El mismo tipo de comentarios se aplican a su libro más reciente 'Englightenment Now' (Iluminacion Ahora), es decir, mejorar nuestra situación ahora garantiza el infierno en la tierra para nuestros descendientes. Aquellos que deseen un marco completo hasta la fecha para el comportamiento humano de la moderna Dos Sistemas Punto de Vista puede consultar mi libro 'La estructura lógica de la filosofía, la psicología, la mente y lenguaje En Ludwig Wittgenstein y John Searle ' 2Nd Ed (2019). Los interesados en más de mis escritos pueden ver 'Monos parlantes--filosofía, psicología, ciencia, religión y política en un planeta condenado--artículos y reseñas 2006-2017' 3a Ed (2019) y otras. (shrink)

This is not a perfect book, but it is unique, and if you skim the first 400 or so pages, the last 300 (of some 700) are a pretty good attempt to apply what's known about behavior to social changes in violence and manners over time. The basic topic is: how does our genetics control and limit social change? Surprisingly he fails to describe the nature of kin selection (inclusive fitness) which explains much of animal and human social life. He (...) also (like nearly everyone) lacks a clear framework for describing the logical structure of rationality (LSR—John Searle’s preferred term) which I prefer to call the Descriptive Psychology of Higher Order Thought (DPHOT). He should have said something about the many other ways of abusing and exploiting people and the planet, since these are now so much more severe as to render other forms of violence nearly irrelevant. Extending the concept of violence to include the global long-term consequences of replication of someone’s genes, and having a grasp of the nature of how evolution works (i.e., kin selection) will provide a very different perspective on history, current events, and how things are likely to go in the next few hundred years. One might start by noting that the decrease in physical violence over history has been matched (and made possible) by the constantly increasing merciless rape of the planet (i.e., by people's destruction of their own descendant’s future). Pinker (like most people most of the time) is often distracted by the superficialities of culture when it’s biology that matters. See my recent reviews of Wilson’s ‘The Social Conquest of Earth’ and Nowak and Highfield’s ‘SuperCooperators’ here and on the net for a brief summary of the vacuity of ‘true altruism’ (group selection), and the operation of kin selection and the uselessness and superficiality of describing behavior in cultural terms. -/- This is the classic nature/nurture issue and nature trumps nurture --infinitely. What really matters is the violence done to the earth by the relentless increase in population and resource destruction (due to medicine and technology and conflict suppression by police and military). About 200,000 more people a day (another Las Vegas every 10 days, another Los Angeles every month), the 6 tons or so of topsoil going into the sea/person/year –about 1% of the world’s total disappearing yearly, etc. mean that unless some miracle happens the biosphere and civilization will largely collapse during next two centuries, and there will be starvation, misery and violence of every kind on a staggering scale. People's manners, opinions and tendencies to commit violent acts are of no relevance unless they can do something to avoid this catastrophe, and I don't see how that is going to happen. There is no space for arguments, and no point either (yes I'm a fatalist), so I'll just make a few comments as though they were facts. Don't imagine I have a personal stake in promoting one group at the expense of others. I am 78, have no descendants and no close relatives and do not identify with any political, national or religious group and regard the ones I belong to by default as just as repulsive as all the rest. -/- Parents are the worst Enemies of Life on Earth and, taking the broad view of things, women are as violent as men when one considers the fact that women's violence (like most of that done by men) is largely done in slow motion, at a distance in time and space and mostly carried out by proxy -by their descendants and by men. Increasingly, women bear children regardless of whether they have a mate and the effect of stopping one woman from breeding is on average much greater than stopping one man, since they are the reproductive bottleneck. One can take the view that people and their offspring richly deserve whatever misery comes their way and (with rare exceptions) the rich and famous are the worst offenders. Meryl Streep or Bill Gates or J.K Rowling and each of their kids may destroy 50 tons of topsoil each per year for generations into the future, while an Indian farmer and his may destroy 1 ton. If someone denies it that's fine, and to their descendants I say "Welcome to Hell on Earth"(WTHOE). -/- The emphasis nowadays is always on Human Rights, but it is clear that if civilization is to stand a chance, Human Responsibilities must replace Human Rights. Nobody gets rights without being a responsible citizen and the first thing this means is minimal environmental destruction. The most basic responsibility is no children unless your society asks you to produce them. A society or a world that lets people breed at random will always be exploited by selfish genes until it collapses (or reaches a point where life is so horrific it's not worth living). If society continues to maintain Human Rights as primary, to their descendants one can say with confidence "WTHOE". -/- Those wishing a comprehensive up to date framework for human behavior from the modern two systems view may consult my book ‘The Logical Structure of Philosophy, Psychology, Mind and Language in Ludwig Wittgenstein and John Searle’ 2nd ed (2019). Those interested in more of my writings may see ‘Talking Monkeys--Philosophy, Psychology, Science, Religion and Politics on a Doomed Planet--Articles and Reviews 2006-2019 3rd ed (2019), The Logical Structure of Human Behavior (2019), and Suicidal Utopian Delusions in the 21st Century 4th ed (2019) . (shrink)

Issues include attempts generally; the problem of outcome luck; the impossibility defense; physical movement and intent; and reckless attempts, attempted rape, and attempted theft. In the final section, I offer a hypothetical that challenges Prof. Donnelly-Lazarov's theory.

I intend to: a) clarify the origins and de facto meanings of the term relativism; b) reconstruct the reasons for the birth of the thesis named “cultural relativism”; d) reconstruct ethical implications of the above thesis; c) revisit the recent discussion between universalists and particularists in the light of the idea of cultural relativism.. -/- 1.Prescriptive Moral Relativism: “everybody is justified in acting in the way imposed by criteria accepted by the group he belongs to”. Universalism: there are at least (...) some judgments which are valid inter-culturally Absolutism: there are at least some particular prescriptions which are valid without exception everywhere and always -/- 2. The traditional proof of prescriptive moral relativism: the argument from variability: Judgments, rules, and shared values are de facto variable in time and space. The traditional counter-proof: examples of variability do not prove what skeptics contend. -/- 3. Pre-history of the doctrine -Ancient sophists: either immoralist or contractualist -Modern moral scepticism (xvii c.): variability as an historical and ethnographic fact supports a sceptical conclusion more moderate than sheer immoralism. - Voltaire, Kant, Reid counter-attack pointing at a universally shared moral sense - Romantics and idealists stage an even more moderate reformulation: instead of universally shared moral sense they point at the Spirit of a People which is: a)alternative to abstract and universal philosophical systems as far as it is lived ‘culture’; b) indivisible unity with an inner harmony and a source of normative standards; c) dynamic, in so far as it is a manifestation of the Spirit through the becoming of National cultures. -/- 4. The birth of Cultural Relativism and its ethical implications 4.1. The 18th c. doctrine was the noble savage (a non-historical doctrine: state of nature vs. social state) 4.2 Edward Tylor (1832-1817) and ethnocentric historicism Savage moral standards are real enough, but they are far and weaker than ours. 4.3 Boas and Malinowski and an holistic reaction to ethnocentric historicism -/- Franz Boas (1858-1942): a) Development of civilizations is not ruled by technical progress nor does it follow a one-way path; instead there are parallel developments (for ex. Agriculture does not follow stock-raising); b) racial characters have no relevance in development of civilization; c) we are not yet in a position to compare externally identical kinds of behaviour till we have not yet understood beliefs and intentions laying at their roots (for ex.: “From an ethnological point of view murder cannot be considered as a single phenomenon”; d) we should distinguish among different practices which are only superficially similar (fro ex. practices traditionally classified under the label “tabù”); e) there is as a fact just one normative ethic, constant in its contents but varying in its extension; f) the implication is not that we cannot judge behavior by members of other groups; it is only a recommendation of caution. -/- Bronislaw Malinowski (1884-1942): a) against Tylor’s and Frazer’s “magpie” methodology, field-work is required, a culture as a whole should be observed from inside; individual elements are incomprehensible; b) a culture is an organic whole; c) its elements are accounted for by their function (economy), avoiding non-observables (empio-criticism). -/- Ruth Benedict and Melville Herskovitz identify Boas’s approach with “cultural relativism”. Benedict: what is normal and abnormal is to be judged on a culture’s own standards, not on our own (“Anthropology and the Abnormal”). Herskovits: “Boas adumbrates what we have come to call cultural relativism” (The Mind, p. 10); “Judgements are based on experience, and experience is interpreted by each individual in terms of his own enculturation” (Man and his Works). -/- 4. How analytic philosophy understood and misunderstood the discussion 4.1. At the beginning of the 20th c., the new view in ethics was non-cognitivism (emotivist and subjectivist). Eric Westermark combines this view with an old-style ethnographic approach in support of relativity of moralities. Moralities are codes, or systems of emotive ‘disinterested’ reactions selected by evolution on their usefulness in terms of survival value for the society that is the carrier of such systems or codes. The moral relativity thesis: there are cases of disagreement that cannot be settled even after agreement about facts. 4.2 Anti-realists Brandt, Mackie, Gilbert, Harman adopt Westermark’s approach in a more sophisticated version: a) moralities are codes with an overall function and may be appraised only as wholes; b) variability is an argument for moral subjectivism; c) apparent legitimacy of deriving shift from ought is legitimized only within one institution d) morality should not be described but instead made, and existing moralities may be improved. Is it ‘real’ relativism? It is clearly subjectivism (a metaethical thesis). The normative thesis is that there better and worse codes, and survival values is the normative standard. -/- 4.3 Particularists MacIntyre, Sandel, Taylor, Wiggins, McDowell ‘Wittgensteinian’ prospectivist arguments bent to support weak-relativist claims MacIntyre: there is ‘incommensurability’ between different theoretical systems in both science and ethics. No argument is possible through different systems Different traditions may coexist for a long time without being able to bring their conflicts to a rational solution. -/- 4.4 Kantian universalists Baier, Gewirth, Rawls, Apel, Habermas Shared claim: justice concerns the right and is universal in so far as it may be based on minimal assumptions Other virtues are relative to context in so far as they are related to comprehensive views of the good - O’Neill criticism: a) it is an assumption shared by both alignments; b) after an alleged crisis brought about by alleged loss of metaphysical certainties, theories of justice have dropped demanding assumptions and kept universalism, virtue theories have kept demanding assumptions and dropped universalism; c) the opposition of virtue and justice has arisen in an unjustified way. O’Neill’s positive proposal: ‘constructive’ procedures may be adopted both (i) concerning all the range of virtues and (ii) across cultures once we abandon idealization and confine ourselves to abstraction from real-world cases. -/- 4.5 A metaethical relativist and anti-relativist normative ethicists: Bernard Williams Williams: vulgar relativism may be assumed to claim that: a) 'just' means 'just in a given society'; b) 'just in a given society' is to be understood in functionalist sense; c) it is wrong for one society’s members to condemn another society’s values. It is inconsistent since in (c) uses ‘just’ in a non-relative way that has been excluded in (a). William’s positive proposal: i) keep a number of substantive or thick ethical concepts that will be different in space and time; ii) admit that public choices are to be legitimized through recourse to more abstract procedures and relying on more thin ethical concepts. -/- 5. Critical remarks 5.1 The only real relativism available is ‘vulgar’ relativism (Westermark?) 5.2. Descriptive universalism (or absolutism) has a long pedigree, from Cicero on, reaching Boas himself but it is useless as an answer to normative questions 5.3. Twentieth-century philosophical discussion seems to discuss an ad hoc doctrine reconstructed by assembling obsolete philosophical ideas but ignoring the real theory of cultural relativism as formulated by anthropologists. -/- 6. A distinction between ethoi and ethical theories as a way out of confusions a)There are systems of conventions de facto existing. These may be studies from outside as phenomena or facts. b)There is moral argument and this, when studies from outside, is a fact, but this does not influence in any degree the possible validity of claims advanced. c) the difference between the above claims and Mackie’s criticism to Searle’s argument of the promising game is that promises, arguments etc. are also phenomena, but they are also communicative phenomena with a logical and pragmatic structure. -/- 7.Conclusions: a) cultural relativism, as a name for Boas’s methodology is a valuable discovery, and in this sense we are all relativists; b) ethical relativism, as an alleged implication of cultural relativism, has been argued in a philosophically quite unsophisticated way by Benedict and Herskovits; philosophers apparently discussed ethical relativism in the basis of a rather faint impression of what cultural relativism had been. c) a full-fledged ethical relativism has hardly been defended by anybody among philosophers; virtually no modern philosopher really argued a prescriptive version of the thesis; d) we may accept the grain of truth in ethical relativism by including relativist critique to ethical absolutism into a universalist normative doctrine that be careful in separating open-textured formulations of universal claims from culturally conditioned particular prescriptions. -/- . 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In this paper, I consider Ripstein and Dan-Cohen's critiques of the 'harm principle'. Ripstein and Dan-Cohen have asserted that the harm principle should be jettisoned, because it allegedly fails to provide a rationale for criminalising certain harmless wrongs that ought to be criminalised. They argue that Kant's second formulation of the categorical imperative and his concept of 'external freedom' are better equipped for ensuring that criminalisation decisions meet the requirements of fairness. Per contra, I assert that Kant's deontological theory is (...) about identifying morally wrongful and rightful conduct: it does not tell the legislature which of those wrongs justify a criminal law response in accordance with the requirements of fairness and justice. Some wrongdoers deserve censure and the stigma that results from criminalisation, but others do not. Kant's deontological theory does not limit the scope of the criminal law merely to those wrongs that deserve a criminal law response. Fair and principled criminalisation requires more than mere wrongdoing. I assert that it is only fair to criminalise wrongs when further normative reasons can be invoked to justify the use of the criminal law as a means for deterring the unwanted conduct. While 'harm to others' is not the only normative reason that can be used to demonstrate that it is fair to criminalise a given act, it is the justification that has the greatest reach. It would not be fair to criminalise mere wrongdoing (that is, every violation of freedom: trespass to goods etc. or every violation of the categorical imperative: every false promise etc.). Nor is it possible to distinguish one violation of freedom from the next, as freedom is not measurable. Thus, murder and trespass to goods would be equally wrong and equally criminalisable in Kant's scheme. A further problem with Dan-Cohen's use of the second formulation of Kant's categorical imperative is that it aims to be an inclusive criterion for identifying conduct that is prima facie criminalisable, but this inclusive approach does not explain the wrongfulness (or in Dan-Cohen's use of the categorical imperative the criminalisableness) of harming animals. In this paper, I demonstrate that the harm principle is able to meet the challenges raised by Ripstein and Dan-Cohen. I also demonstrate that it offers superior criteria for ensuring that criminalisation decisions are fair, just and principled than is offered by Kant's deontological theory. (shrink)

A central passage in Cusset’s essay states: “God, for Sade, is fiction that ‘took hold of the minds of men’. What makes God’s weakness, the impossibility of rationally proving his existence, is precisely what constitutes his strength as fiction. Negated as authority, eliminated as the figure of the almighty father, God is nonetheless everywhere in the Sadean novel: he exists as the fiction principle. Libertines are never done with God because his name represents the power, not of the law, but (...) of the imagination. In showing their contempt for God, libertines reveal their anger against fiction, which does not have the power to prove its own truth: fiction — and Sade chose to write novels, not philosophical essays — is based on the desire for illusion” (119). Sade’s L’Histoire de Juliette, argues Cusset, breaks from his earlier writings in that Juliette has an agency missing from Sade’s previous female characters, and she, unlike earlier characters, breaks through the central Sadean impasse: “her ‘story’ represents the solution through which Sade paradoxically resolves the aporia of libertinage” (120). She is perfectly aware of scientific explanations for phenomena, but, “for the sake of play, Juliette chooses metaphor, and does not try to ‘unveil truth’ entirely. Juliette distinguishes herself from her teachers and masters through her relation to imagination. […] The end of the novel confirms Juliette’s choice of a playful imagination” (123). In short, Juliette is the libertine who breaks the very rules of the libertines by means of resurrecting the sense of play, imagination, and romantic delicacy which her fellow criminals forbid. Cusset concludes: “Sade invites us to read his texts as fictive and humorous texts, and not, as suggested the French feminist Elisabeth Badinter who wanted to censor Sade’s novel, as rational demonstrations inviting readers to commit murder. Juliette’s transformation through the novel allows us to understand why Sade entitled his last long novel L 'Histoire de Juliette. Juliette chooses fiction, without trying to prove its truth; she chooses pleasure, without trying to annihilate every belief, since imaginary belief is a component of pleasure. What Sade tells us with the invention of Juliette is that freedom is the very choice of limit. […] L’Histoire de Juliette is Sade’s critique of pure fiction” (129). (shrink)

I say: “Oh, what a beautiful surrealist picture!” With quite precise awareness: this páthos, these emotions of mine do not stem from our common sense. An aesthetic judgment is founded on an immediate subjective intuition: an emotion or a free feeling of a single subject towards an object. A universal sense, possibly. Some judgments of ours in ethics and in law are no different from our perceptions in front of art. It would be the same for a hypothetical sentence of (...) the judge that concluded with these words: “I acquit Arsenio Lupin because of his magnificent handlebar moustache like that of Guy de Maupassant”. Everyone would think intuitively that it is an unfair sentence. Is there aesthetics of terror? The case that the article intends to examine is that of the famous kidnapping and murder of the Italian statesman Aldo Moro by the “Brigate Rosse” [Red Brigades]. The method used here consists in studying the image of the kidnapping as iconic documentation of reality, and, above all, as an ethical-legal judgment about the terrorist crime. Moro was photographed during his kidnapping. There are at least two pictures. Both constitute an extraordinary source for a judgment on the basis of an image. In both of them, Aldo Moro is pictured in front of a Red Brigades banner during the captivity. In what sense do these pictures document an aesthetic judgment concerning the “case Moro”? The answer can be found in a remarkable iconic coincidence of these pictures with a masterpiece by Georges Rouault devoted to the theme of the “Ecce Homo”. The Gospel in the “Ecce Homo” scene narrates how Pontius Pilate wanted to arouse the compassion of the people with a scourging and the exposure of Jesus to the crowd. The plate under consideration is entitled “Qui ne se grime pas?” [Who does not have a painted face?] and is a key work in Rouault’s suite of prints Miserere, dated for 1923. (shrink)

Joseph Almog says concerning “a certain locus where Quine doesn’t exist…qua evaluation locus, we take to it [singular] propositions involving Quine [as a constituent] which we have generated in our generation locus.” This seems to be either murder, or worse, self-contradiction. It presumes that certain designators designate their designata even at loci where the designata do not exist, i.e., the designators have “Kaplan rigidity.” Against this view, this paper argues that negative existentials such as “Quine does not exist” are (...) true only at ordered couples of loci (times or possible worlds) < l, l’ > such that the constituents of the truthmaker are the designatum itself from l and whatever corresponds to “does not exist” from l’. (shrink)