This Article presents a theory whereby criminal punishments are routinely distributed in proportion to the weight of the evidence mounted against the defendant. According to this theory, the law relaxes the stringent decision threshold in criminal trials—beyond a reasonable doubt—by creating easy-to-prove evidentiary offenses. These offenses, in turn, are associated with less severe sanctions, thus creating a de-facto proportional liability regime. Against that backdrop, the Article examines the legal duty to report criminal activity to the authorities. As the analysis shows, (...) while legal scholars analyzing such duties have focused on the paradigmatic case in which an innocent bystander, friend or family member is unwittingly exposed to information about a crime, in practice these duties are rarely used in such cases. Rather, reporting duties are used to prosecute suspected accomplices whose involvement in the commission of the actual crime is difficult to prove beyond a reasonable doubt. Thus, offenses imposing a reporting duty on criminal activity turn out to be part of the general framework of accomplice liability, and are used to apply less severe sanctions in cases of evidentiary uncertainty. (shrink)

In one of the Theological Tractates, Boethius wrote ‘ we have found the definition of Person, viz: “The individual substance of a rational nature”’. He justifies the definition partly by a consideration of Latin and Greek etymologies and partly by stating ‘what Person cannot be affirmed of’. Person cannot be affirmed of Universals, accidents, relations, lifeless bodies, living bodies without sense , nor of ‘that which is bereft of mind and reason’.

This paper addresses two related questions: 1. Does human life have a purpose? and 2. Is human life intrinsically valuable? Clearly human beings have personal, communal and common purposes, but we cannot know whether there is an external transcendent purpose in addition to these. However the argument that mundane purposes are meaningless without transcendent purposes, though valid, rests on false premises. There are four ways of explaining the intrinsic value of life. The first (pantheism) is the idea that human life (...) is sacred because everything is sacred. A second is that life is intrinsically valuable because something else is valuable and indeed sacred – the idea, for instance, that mankind is made in the image of God. The third is that human life lacks value because of its contrast with the sanctity of the gods. The humanistic explanation is that human life as such has intrinsic value. There are (at least) six reasons for holding that human life is intrinsically valuable; these reasons are given. (shrink)

Mr Bennett in his interesting essay in the April 1974 issue of Philosophy claims that ‘… in a particular case sympathy and morality may pull in opposite directions. This can happen not just with bad moralities, but also with good ones like yours and mine.’ By sympathy he says he means ‘every sort of fellow-feeling’. Although a triumph of sympathy over morality may be a good thing, it also represents a triumph of irrationality over reason.

Information can be public among a group. Whether or not information is public matters, for example, for accounts of interdependent rational choice, of communication, and of joint intention. A standard analysis of public information identifies it with (some variant of) common belief. The latter notion is stipulatively defined as an infinite conjunction: for p to be commonly believed is for it to believed by all members of a group, for all members to believe that all members believe it, and so (...) forth. This analysis is often presupposed without much argument in philosophy. Theoretical entrenchment or intuitions about cases might give some traction on the question, but give little insight about why the identification holds, if it does. The strategy of this paper is to characterize a practical-normative role for information being public, and show that the only things that play that role are (variants of) common belief as stipulatively characterized. In more detail: a functional role for “taking a proposition for granted” in non-isolated decision making is characterized. I then present some minimal conditions under which such an attitude is correctly held. The key assumption links this attitude to beliefs about what is public. From minimal a priori principles, we can argue that a proposition being public among a group entails common commitment to believe among that group. Later sections explore partial converses to this result, the factivity of publicity and publicity from the perspective of outsiders to the group, and objections to the aprioricity of the result deriving from a posteriori existential presuppositions. (shrink)

ABSTRACT The paper has to do with Peter Singer's statement ‘A German Attack on Applied Ethics’, and particularly with the claim that those who protested against his speaking at conferences in Europe in 1989 failed to recognise his right to freedom of expression. I argue that the right to free expression does not mean that we may say anything at all, to anyone at all, anywhere at all. Visitors to foreign countries, for example, have some obligation to be sensitive to (...) local concerns. I also argue that there is an important difference between free expression, which is a basic right, and regular access to public platforms, which is a special right or privilege. This special right or privilege goes with certain jobs and professions, and could not be made universal. The German and Austrian protests against Singer temporarily deprived him of the privilege of access to a platform but were not attacks on the basic right of free speech as such. In fact the protests themselves could be regarded as a legitimate exercise of the right of free expression. (shrink)

The philosophical interest of terrorism is due partly to the fact that the term is notoriously difficult to define, and partly to the fact that there is some disagreement about whether and when terrorism so-called can be justified.

Should we regard Jennifer Lackey’s ‘Creationist Teacher’ as understanding evolution, even though she does not, given her religious convictions, believe its central claims? We think this question raises a range of important and unexplored questions about the relationship between understanding, factivity and belief. Our aim will be to diagnose this case in a principled way, and in doing so, to make some progress toward appreciating what objectual understanding—i.e., understanding a subject matter or body of information—demands of us. Here is the (...) plan. After some ground clearing in §1, §2 outlines and motivates a plausible working model—moderate factivity—for characterising the sense in which objectual understanding should be regarded as factive. §3 shows how the datum that we can understand false theories can, despite initial suggestions to the contrary, be assimilated straightforwardly within the moderate factivity model. §4 highlights how the inverse kind of case to that explored in §3—viz., a variant of Lackey’s creationist teacher case—poses special problems for moderate factivity. With reference to recent work on moral understanding by Hills, §5 proposes a solution to the problem, and §6 attempts to diagnose why it is that we might originally have been led to draw the wrong conclusion. (shrink)

Certain unwise, careless, or as we say, ‘self-destructive’ actions often bring in their train consequences unpleasant to the agent according to natural law. If an agent through folly or otherwise acts in a way which shows that he has ignored or forgotten predictable or possible consequences people will say ‘it serves him right’, meaning ‘he ought to have foreseen that’. Sometimes they will even say ‘he got what he deserved’. For these reasons such consequences can be called punishment, or a (...) kind of punishment. (shrink)

Philosophy: a Beginner's Guide is unique in its approach to introducing philosophy. Its succinct and self-contained chapters make this jargon-free text accessible to people who have had little or no previous contact with philosophy.

A direct and wide-ranging introduction to the main themes and problems of philosophy as it is taught in the anglo-american tradition. An ideal primer for beginning undergraduates.

1. Generic statements are some of the most intriguing statements we make. They are so central to our commonsense reasoning that every attested human language can express them (Dahl 1995; Cohen 2013...

Deconstruction is commonly associated with the philosophy of Derrida. But there are also non-philosophers who say they engage in deconstruction, for example architects, anthropologists and literary critics. This may lead some people to suppose that deconstruction is not concerned with specifically philosophical problems.

Generic sentences are commonsense statements of the form ‘Fs are G,’ like ‘Bears have fur’ or ‘Rattlesnakes are poisonous.’ Kind theories hold that rather than being general statements about indivi...

This new book, published in the United Kingdom under the first title above and in the United States and Canada under the second, consists in argument about what makes for right or wrong in general, and then argument about right or wrong with respect to Palestine, 9/11, the Iraq War, 7/7, and what is to come. Hence, with respect to the latter connected things, it also makes judgements as to shares of moral responsibility. Six of its 29 sections appear below. (...) The first two are 'Our Questions' and 'A Division of Labour, Philosophy's Part'. The next one is one of three in the book on judging right and wrong by democracy. The fourth is one of several in the book about understanding, judging, and inciting terrorism. The last two sections are about the Iraq War. To locate this thinking in the context of the book as a whole, which justifies Zionism but not neo-Zionism, have a look at the table of contents at the end. There is also a German translation of the first half of the book. Have a look too if you want at a review of the book by Tam Dalyell, lately M.P. for Linlithgow and Father of the House of Commons, and a review by Steve Poole, author of Unthink, and at Italian and Belgian interviews on the subject. There is also a video of a 40-minute television programme made from the book. (shrink)

Protagoras, of all the ancient philosophers, has perhaps attracted the most interest in modern times. His saying ‘Man is the measure of all things’ caused Schiller to adopt him as the patron of the Oxford pragmatists, and has generally earned him the title of the first humanist. Yet the exact delineation of his philosophcal position remains a baffling task. Neumann, writing on Die Problematik des ‘Homo-mensura’ Satzes in 1938,2 concludes that no certainty whatever can be reached on the meaning of (...) the dictum, since ‘man’, ‘measure’, and ‘things’ are all ambiguous, nor can we tell which of the three is the predicate. The time is past when it was believed that a man's philosophy could be understood apart from the events of his life and the circumstances of his age: yet in the case of Protagoras the historical method of approach has hardly been attempted, although the impact of environment was perhaps more decisive in the formation of philosophical concepts in the Greek world than anywhere else. The reality about which the Greek philosopher spoke had three aspects: it was either the one universe of physics, or the political unity, or God. For example, the book of Heracleitus Περ φσεως was divided into three chapters or logoi, About the Whole, a political, and a theological. Neither physics nor theology supplies from its own subject-matter the form in which this reality was described. (shrink)

Social Ethics is an animated introduction to moral philosophy and the key ethical issues of today, and will serve as the ideal text for undergraduate courses in applied, practical and social ethics.

Mr Bennett in his interesting essay in the April 1974 issue of Philosophy claims that ‘… in a particular case sympathy and morality may pull in opposite directions. This can happen not just with bad moralities, but also with good ones like yours and mine.’ By sympathy he says he means ‘every sort of fellow-feeling’. Although a triumph of sympathy over morality may be a good thing, it also represents a triumph of irrationality over reason.

The achievements of the textile industry in Roman Britain are often underestimated as a result of the meagreness of our available evidence. The Edict on maximum prices issued by Diocletian in A.D. 301 shows that British capes commanded high prices on the markets of the Empire, and that in the late third century A.D. British rugs were the best in the world. In view of the competition from the traditional centres of rug manufacture in the East, this is an astonishing (...) achievement. (shrink)

The received translation and interpretation of many of the technical terms current in the textile industry of the Roman Empire are inaccurate, because lexicographers have either fought shy of being precise, or have thought that they recognized in the ancient world technical processes which originated at a much later date. The evidence is often equivocal or insufficient, but may still yield details that have been overlooked. The textile expression scutulatus, to take an example, deserves more attention than Blümner has devoted (...) to it. When it refers to the appearance of a garment, Lewis and Short, s.v. scutulatus, translate ‘diamond or lozenge-shaped, checkered’. It seems worth while to attempt a more precise translation, and, if possible, to estimate the significance in context of the goods so designated. (shrink)