Important shifts took place in the areas investigated by British experimental philosophers during the late eighteenth century. In particular, the phenomena of heat, light, electricity, and magnetism shifted from largely qualitative, non-mathematical subjects to increasingly quantitative, mathematically based subjects. Emphasizing the Scottish context of Edinburgh natural philosopher, John Robison, this paper traces developments in magnetic theory in Britain from the latter quarter of the eighteenth century to the beginning of the nineteenth century. Robison is an important transitional figure who practiced (...) a new style of experimental philosophy, which eventually emerged as 'physics' in the nineteenth century. In particular, Robison's works presented and disseminated the one-fluid magnetic theory of Franz Aepinus among British experimental philosophers. (shrink)

Capital punishment—the legally authorized killing of a criminal offender by an agent of the state for the commission of a crime—stands in special need of moral justification. This is because execution is a particularly severe punishment. Execution is different in kind from monetary and custodial penalties in an obvious way: execution causes the death of an offender. While fines and incarceration set back some of one’s interests, death eliminates the possibility of setting and pursuing ends. While fines and incarceration narrow (...) one’s routes to happiness, death eliminates its possibility. Not surprisingly, there is much debate about the moral permissibility of capital punishment. This entry maps the terrain of this debate. The first section discusses justifications of the death penalty as they appear in major theories of punishment. The second section surveys moral objections to execution that apply to most justifications. The third addresses procedural criticisms, which do not target the morality of execution so much as the justice of its implementation. (shrink)

This book gives a descriptive analysis of specific Madhyamika texts. It compares the ideology of Kumarajiva (a translator of the four Madhyamika treatises 400 A.D.) with the ideologies of the three Chinese contemporaries - HuiYuan, Seng-Jui and Seng-Chao. It envisages an intercultural transmission of religious and philosophical ideas from India to China.

In response to the racial disparities that plague the American criminal justice system, the Movement for Black Lives calls for an end to policing and punishment “as we know it.” But refusing to punish violent offenses leaves unprotected those most vulnerable to crime, and outright abolition thus appears to undermine black rights and liberties. I call this the decarceration dilemma. After discussing Tommie Shelby and Christopher Lewis’s attempts to resolve the dilemma, I offer my own, which employs a procedural rather (...) than a substantive solution. I lean on the principle of expanded asymmetry (EA), which holds that it is better to underpunish than overpunish. After defending EA, I note that it obtains only under conditions of uncertainty. I then show that because virtually all trials of black offenders meet the uncertainty condition, sentencing authorities are obliged to treat black offenders leniently. I conclude by noting the advantages of my proceduralist approach. (shrink)

_Against Capital Punishment_ offers an innovative proceduralist argument against the death penalty. Worries about procedural injustice animate many popular and scholarly objections to capital punishment. Philosophers and legal theorists are attracted to procedural abolitionism because it sidesteps controversies over whether murderers deserve death, holding out a promise of gaining rational purchase among death penalty retentionists. Following in this path, the book remains agnostic on the substantive immorality of execution; in fact, it takes pains to reconstruct the best arguments for capital (...) punishment and presumes the appropriateness of execution in limited cases. At the same time, the book contends that the possibility of irrevocable mistakes precludes the just administration of the death penalty. The heart of _Against Capital Punishment_ is a philosophical defense of the well-known irrevocability argument, which analyzes the argument’s premises, establishes their validity, and vindicates them against objections. The central claim is that execution violates the principle of remedy, which requires legal institutions to remedy their mistakes and to compensate those who suffer from wrongful sanctions. The death penalty is repellent to the principle of remedy by dint of its irrevocability. The incompatibility of remedy and execution is the crux of the irrevocability argument: because the wrongly executed cannot enjoy the obligatory remedial measures, execution is impermissible. _Against Capital Punishment_ also reveals itself to be free from two serious defects plaguing other versions of proceduralism: the retributivist challenge and the problem of controversial consequences. (shrink)

To vindicate morality against skeptical doubts, Kant must show that agents can be moved to act independently of their sensible desires. Kant must therefore answer a motivational question: how does an agent get from the cognition that she ought to act morally to acting morally? Affectivist interpretations of Kant hold that agents are moved to act by feelings, while intellectualists appeal to cognition alone. To overcome the significant shortcomings of each view, I develop a hybrid theory of motivation. My central (...) interpretive claim is that Kant is a special kind of motivational internalist: on his view, agents are moved to act by a feeling of intellectual pleasure at the prospect of accomplishing a task they have set for themselves, a feeling that originates in free choice. The resulting theory is immune to the challenges facing intellectualism and affectivism, thus strengthening the prospects of Kant’s justification of morality. (shrink)

This chapter offers a proceduralist argument against capital punishment. More specifically, it contends that the possibility of irrevocable mistakes precludes the just administration of the death penalty. At stake is a principle of political morality: legal institutions must strive to remedy their mistakes and to compensate those who suffer from wrongful sanctions. The incompatibility of remedy and execution is the crux of the irrevocability argument: because the wrongly executed cannot enjoy the morally required compensation, execution is impermissible. Along with defending (...) his key premises, Yost explains the complicated role that sentencing uncertainty plays in the argument. He concludes by noting some of the flaws in substantive consequentialist and retributivist justifications of capital punishment. (shrink)

Many philosophers and legal theorists worry about punishing the socially disadvantaged as severely as their advantaged counterparts. One philosophically popular explanation of this concern is couched in terms of moral standing: seriously unjust states are said to lack standing to condemn disadvantaged offenders. If this is the case, institutional condemnation of disadvantaged offenders (especially via hard treatment) will often be unjust. I describe two problems with canonical versions of this view. First, its proponents groundlessly claim that disadvantaged offenders may be (...) punished as severely as advantaged ones, even though such punishment is unjust in light of the state’s loss of standing. Second, and more importantly, moral standing arguments prohibit states from blaming advantaged as well as disadvantaged offenders. This unwelcome outcome suggests that standing approaches incorrectly analyze the source of moral misgivings about punishing the disadvantaged. I conclude that those who share such concerns should put standing accounts aside. (shrink)

Published in 1982 by CUP (pb. 2009) it discusses the forms of materialism then current, including Davidson, early Rorty, but concentrating on Smart and Armstrong, and arguing that central state materialism fails to give a better 'occurrent' account of conscious states than does behaviourism/functionalism, as Armstrong claims. The book starts with a version of the 'knowledge argument' and ends with a chapter claiming that our conception of matter/the physical is more problematic than our conception of mind.

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)

The world is disenchanted. Rationalization, intellectualization, and scientism rule the day. We used to see the world as a magical place, but now it's just a material space. How did we get here? The shift comes in part from the rise of a certain kind of secularism, one that reduces human experiences to whatever is explainable through observation. Love? It's just a biological drive. Joy, a rush of adrenaline. Beauty, an influx of dopamine. If you can't test it, it isn't (...) true; or so the thinking goes. The Romantic Life draws upon eighteenth- and nineteenth-century Romanticism to provide five strategies to re-enchant the world, five ways to imbue the world with meaning, truth, and beauty. According to the Romantics, far from being useless, encounters with impractical things like the imagination, nature, symbolism, sincerity, and the sublime give our lives a richness and depth that cannot be attained on a purely material account of the world. By learning from their example, we can come to see into the life of things, as William Wordsworth called it. We can be re-enchanted" -- taken from back cover. (shrink)

Many philosophers and legal theorists worry about punishing the socially disadvantaged as severely as their advantaged counterparts. One philosophically popular explanation of this concern is couched in terms of moral standing: seriously unjust states are said to lack standing to condemn disadvantaged offenders. If this is the case, institutional condemnation of disadvantaged offenders (especially via hard treatment) will often be unjust. I describe two problems with canonical versions of this view. First, its proponents groundlessly claim that disadvantaged offenders may be (...) punished as severely as advantaged ones, even though such punishment is unjust in light of the state’s loss of standing. Second, and more importantly, moral standing arguments prohibit states from blaming advantaged as well as disadvantaged offenders. This unwelcome outcome suggests that standing approaches incorrectly analyze the source of moral misgivings about punishing the disadvantaged. I conclude that those who share such concerns should put standing accounts aside. (shrink)

This paper advocates for a general policy of penal leniency: judges should often sentence offenders to a punishment less severe than initially preferred. The argument’s keystone is the relatively uncontroversial Minimal Invasion Principle (MIP). MIP says that when more than one course of action satisfies a state’s legitimate aim, only the least invasive is permissibly pursued. I contend that MIP applies in two common sentencing situations. In the first, all sentences within a statutorily specified range are equally proportionate. Here MIP (...) applies directly. In the second, judges reasonably believe that one of the sentences within the range is the most proportionate, but can’t identify it with any certainty. In these cases of sentencing uncertainty, judges must be indifferent between their preferred sentence and a softer one, and this indifference triggers MIP. MIP thus frequently mandates some degree of leniency. I conclude with some comments on statistical uncertainty. (shrink)

One of the many arguments against capital punishment is that execution is irrevocable. At its most simple, the argument has three premises. First, legal institutions should abolish penalties that do not admit correction of error, unless there are no alternative penalties. Second, irrevocable penalties are those that do not admit of correction. Third, execution is irrevocable. It follows that capital punishment should be abolished. This paper argues for the third premise. One might think that the truth of this premise is (...) self-evident. But in his paper “Is the Death Penalty Irrevocable?” Mike Davis argues that it is false: the death penalty is not irrevocable. While Davis’ argument is itself somewhat compelling, it receives additional support from work in the metaphysics of death, specifically the literature on posthumous harm. Strengthened in this way, the argument deserves careful consideration. I begin with a quick sketch of Davis’ argument, then show how the Pitcher-Feinberg theory of posthumous harm enables a more robust argument against the irrevocability of capital punishment, defending their theory of harm against standard objections in the literature. Having established the coherency of the robust argument, I conclude that it nevertheless fails to make the case against irrevocability. This is because it ignores the full set of practical requirements incumbent on legal institutions that wrongly punish someone. (shrink)

Rationality in medicine is frequently construed as hypotheticodeductive. This article argues that such a model gives a distorted view of the rational character of an enterprise that makes judgments about individual human well-being. Medicine as a science is a practical human science. Seen as such, its rational orientation is one that applies general knowledge to particular situations. It is argued that such an orientation is not deductive but interpretative. The Aristotelian concept of practical wisdom (‘phron sis’) is used as a (...) model of the rational orientation of clinical judgment. Keywords: clinical judgment, rationality, human sciences CiteULike Connotea Del.icio.us What's this? (shrink)

A revised translation of Heidegger's most important work.

This essay explores the matter of hegemony in the global system from the standpoint of global capitalism theory, in contrast to extant approaches that analyse this phenomenon from the standpoint of the nation‐state and the inter‐state system. It advances a conception of global hegemony in transnational social terms, linking the process of globalisation to the construction of hegemonies and counter‐hegemonies in the twenty‐first century. An emergent global capitalist historical bloc, lead by a transnational capitalist class, rather than a particular nation‐state, (...) bloc of states, or region, is pursuing a hegemonic project. The US state is seen as the point of condensation for pressures from dominant groups to resolve problems of global capitalism. US‐led militarisation is a contradictory political‐military response to the crisis of global capitalism, characterised by economic stagnation, legitimacy problems and the rise of counter‐hegemonic forces. (shrink)

In recent years, a number of authors have called for a return to an ethic of honour as a means of imparting virtue to military personnel. Mark Osiel, for instance, argues that ‘martial honor can be...

The precipitous cliffs, rolling headlands, and rocky inlets of the Big Sur coast of California prompted Robinson Jeffers to extol their wild beauty throughout his long career as a poet. This extraordinary volume brings together Jeffers’s haunting poetry with magnificent photographs of Big Sur by his friend and neighbor, famed photographer Morley Baer.

Although the focus of "Globalizing Democracy and Human Rights" is practical, Gould does not shy away from hard theoretical questions, such as the relentless debate over cultural relativism, and the relationship between terrorism and democracy.

If in the context of early and classical Greek thought, the term “theology” is taken to mean “of God/gods/the gods and his/their putative relationship, causal and directive, to the world and its operations, and to ourselves within that world,” or something of that order, the first ascription of such a notion to a Presocratic philosopher is to be found in Aristotle's comment that “Thales thought that all things are full of gods”. The Presocratic period ends with no neat causal sequence. (...) If one train of thinking was moving in the direction of a divinely guided, teleologically explicable universe, another was moving in exactly the opposite direction. For the atomists Democritus and Leucippus, the ever-changing universe is an infinity of space in which, across eternity, chance agglomerations of ever-moving atoms produce and will forever go on producing those contents of the universe that we call realities, from gazelles to galaxies. (shrink)

Most readers believe that it is difficult, verging on the impossible, to extract concrete prescriptions from the ethics of Emmanuel Levinas. Although this view is largely correct, Levinas’ philosophy can, with some assistance, generate specific duties on the part of legal actors. In this paper, I argue that the fundamental premises of Levinas’ theory of justice can be used to construct a prohibition against capital punishment. After analyzing Levinas’ concepts of justice, responsibility, and interruption, I turn toward his scattered remarks (...) on legal institutions, arguing that they enable a sense of interruption specific to the legal domain. It is here that we find the conceptual resources most important to my Levinasian abolition. I argue that the interruption of legal justice by responsibility implies what I call the principle of revisability. The principle of revisability states a necessary condition of just legal institutions: To be just, legal institutions must ensure the possibility of revising any and all of their rules, principles, and judgments. From this, the argument against capital punishment easily follows. Execution is a legal act, perhaps the only legal act, that cannot be undone. An application of the principle of revisability to this fact leads to the conclusion that legal institutions cannot justly impose capital punishment. After defending these points at length, I conclude with some observations on the consequences of the principle of revisability for law more generally. (shrink)